Judge Michael S. Orfinger
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law, Legal Memorandum
- At Least 5 Business Days Before Proceeding
Motion
- Chambers Drop Off • Upon Filing
Communication
Chambers
Chambers
Phone
Phone
Chambers
Document Format Requirements4 rules
Materials exceeding ten (10) pages must be submitted in hard copy, appropriately tabbed and indexed, with identical copies furnished to opposing counsel and self-represented parties.
- More than 10 pages
- File type
- Paper
Submission Method and Format: Bring hard copies of all non- demonstrative exhibits, along with an index, to the first day of the hearing or trial, identifying each exhibit and assigning it a letter for identification (e.g., Plaintiff’s Ex. A, etc.). Provide an identically marked copy of the exhibits to opposing counsel, to any self-represented parties, and to the judicial office.
- File type
- Paper
- Exhibits
Formatting
- •Identify each exhibit and assign it a letter for identification
Submit all proposed orders (EXCEPT Final Judgments of Foreclosure) via e-mail to Division01@circuit7.org in Microsoft Word format.
- Proposed order
Formatting
- •Microsoft Word format; Final Judgments of Foreclosure are excepted
Proposed orders should not contain such things as a law firm’s internal file number, a bar code or other computer-generated code, or a law firm’s letterhead in the header or footer of the order.
Document Filing Requirements24 rules
Notices of hearing must least each motion to be heard and include the docket identification number (“DIN” number) of each motion.
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
A notice of hearing involving any remote appearance must contain the Zoom meeting ID for the hearing.
Unless excepted by the language of the rule, all motions must contain the certificate of conferral required by Fla. R. Civ. P. 1.202. Failure to comply with Rule 1.202 may result in the Court summarily denying the motion without prejudice.
- Document
- Motion
Must include
- •Certificate of conference
Every proposed order must include a transmittal email confirming agreement by all parties or identifying any disagreement.
Court's wording
All proposed orders must be accompanied by a transmittal e-mail either (1) confirming that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.
Proposed orders must state that copies have been furnished by eService to each named attorney.
If another party objects to a proposed order, the fact and basis of the objection must be noted in the transmittal e-mail to the Court.
Any such motion must substantially comply with Fla. R. Civ. P. Form 1.996(c).
The proposed order must direct that all future pleadings, orders, and other papers be served on the client at his or her last known address, which will be set forth in the order together with the client’s last known telephone number and email address. It must also require the client to register for eService at www.myflcourtaccess.com.
Emergency hearings are rarely granted; a party seeking one must file a detailed motion identifying the issues, why emergency relief is necessary, and the time needed for each party’s presentation.
Court's wording
“Emergency” hearings are rarely granted. If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
When specified safe-harbor entities are defendants, the movant must confer with them under Florida Rule of Civil Procedure 1.202 and state whether they consent to cancellation.
Court's wording
If a condominium association, homeowners association, or other entity subject to “safe harbor” statutes such as section 718.116 of 720.3085, Florida Statutes, are defendants, the movant must comply with Fla. R. Civ. P. 1.202 by conferring with those entities and must state whether those parties consents to the cancellation.
Except when there has been a complete failure to respond or object, a motion to compel must quote the challenged discovery request and the full response or objection in the motion body; attaching them alone is insufficient.
Court's wording
Unless there has been a complete failure to respond or object to written discovery requests, a motion to compel discovery must include in the body of the motion, in quotation, each interrogatory, deposition question, request for admission, or request for production to which the motion is addressed, followed by quotation, in full, of the answer or response which is asserted to be insufficient, or the objection and grounds stated by the opposing party. Merely attaching the request and alleged deficient response to the motion will not suffice.
All proposed orders must give the Court the option of denying the motion and provide blank space in which the Court can reschedule the foreclosure sale in the event the motion is granted.
A motion to compel set for hearing must detail compliance with the governing discovery-dispute procedure or it will be stricken.
Court's wording
All discovery disputes are governed by Florida Rule of Civil Procedure 1.202 and In Re: Motions to Compel Discovery in Civil Actions, CV- 2022-004-SC. See https://circuit7.org/orders/cv-2022-004-sc/. A Motion to Compel set for a hearing must detail compliance with this procedure or it will be stricken.
The Notice of Trial must specify whether the trial is by jury or non- jury, and the expected length of the trial.
A written examination request must specify the examination details and the examiner’s name and qualifications with reasonable specificity.
Court's wording
Requests for an examination must be in writing, and set forth the time, place, manner, conditions, and scope of the examination as well as the name of and the qualifications of the person conducting the examination, all with reasonable specificity.
The objection must state the specific reason(s) for the objection.
Title an order granting or denying a motion to identify the disposition, party, and motion; never title a proposed order simply “Order.”
Court's wording
The order should be titled “Order [Granting/Denying] [Plaintiff’s/ Defendant’s] Motion to _______”. When viewing the docket, an entry like “Order Granting Defendant’s Motion to Continue Trial” is more informative than “Order on Motion to Continue.” Do not under any circumstances submit a proposed order simply entitled “Order.”
If the motion for which a proposed order is submitted is unopposed, the proposed order should be titled “Agreed Order Granting/Denying….”
For an order entered without a hearing, use the specified “THIS CAUSE came before the Court…” opening and do not refer to a hearing or arguments of counsel.
Court's wording
If the order is one that will be entered without a hearing, do not begin the body of the order with, “THIS CAUSE came on for hearing by the Court….” or words to that effect. Instead, begin with, “THIS CAUSE came before the Court….” There should likewise be no reference to the Court having heard the arguments of counsel.
The Court will not stay an action simply because a party’s counsel has withdrawn.
has been cancelled before and, if so, the number of occasions and the reasons for the prior cancellation(s). If the basis for seeking cancellation is that the parties “continue to be involved in loss mitigation” or the like, the motion should explain the status of those efforts.
Any request for a CMC or status conference must articulate the reasons for the necessity of the conference, and the amount of time needed for the conference.
The Court will not require a hearing if the motion includes a consent signed by the client, or if a separate consent signed by the client is filed.
Filing & Service rules
Electronic Filing Rules
Submit proposed orders other than Final Judgments of Foreclosure by email to the specified address; do not mail them or submit them through the Florida Courts E-Portal.
Submit all proposed orders (EXCEPT Final Judgments of Foreclosure) via e-mail to Division01@circuit7.org in Microsoft Word format. DO NOT MAIL PROPOSED ORDERS OR ATTEMPT TO SEND THEM VIA THE FLORIDA COURTS E-PORTAL.
Civil cases
Page 5 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
Submit proposed orders within 10 days after a hearing unless the Court specifies otherwise.
Proposed orders must be submitted within 10 days after any hearing, unless otherwise specified by the Court.
Civil cases
Page 6 | D. Submission of Orders and Judgments
Deliver proposed Final Judgments of Foreclosure, sufficient conforming copies, and pre-addressed stamped envelopes to the judicial office at least five business days before the foreclosure summary judgment hearing or trial.
Deliver all proposed Final Judgments of Foreclosure to the judicial office along with sufficient copies for conforming and pre-addressed, stamped envelopes, at least five (5) business days prior to a foreclosure summary judgment hearing or trial.
Civil cases
Page 6 | D. Submission of Orders and Judgments
Foreclosure original documents must be sent directly to the Clerk’s Office and filed by the hearing date, or the Court will not conduct the final hearing.
Original documents such as notes, allonges, mortgages, assignments, affidavits, and default letters MUST BE SENT DIRECTLY TO THE CLERK’S OFFICE. The Court will not conduct a final hearing in a foreclosure action if the original documents are not filed with the Clerk by the date of the hearing.
Civil cases
Page 6 | D. Submission of Orders and Judgments
The Court, opposing counsel, and any self-represented parties must receive exhibits at least three business days before a hearing or trial.
The Court, opposing counsel, and any self- represented parties must receive the exhibits at least three (3) business days in advance of any hearing or trial.
Civil cases
Page 7 | F. Exhibits for Evidentiary Proceedings
After the trial request, the Court will enter a trial order within approximately two weeks.
The Court will enter a trial order within approximately two (2) weeks.
Civil cases
Page 8 | I. Setting Case for Trial
Service and Proof of Service Rules
Attorneys and self-represented litigants must make and receive email service through the Florida Courts E-Filing Portal unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail via the Florida Courts E-Filing Portal, unless excused.
Civil cases
Page 1 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must update contact information using Form 2.603 whenever their registered electronic-service email account changes.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
Civil cases
Page 1 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.
Civil cases
Page 1 | A. Communications with the Judicial Office
A notice of hearing must be filed and served immediately after hearing time is reserved.
A notice of hearing must be filed and served immediately after reserving hearing time.
Civil cases
Page 2 | B. Scheduling Procedures
A cancellation request must be sent to the Judicial Assistant; after approval, the notice of cancellation must be filed with the Clerk and served on opposing counsel and any self-represented litigant.
Filing a notice of cancellation is insufficient. Send all requests for cancellation to the Judicial Assistant, and upon receiving approval to cancel, file a notice of cancellation with the Clerk and serve it on opposing counsel and any self-represented litigant.
Civil cases
Page 3 | B. Scheduling Procedures
For materials exceeding ten pages, identical copies must be furnished to opposing counsel and self-represented parties.
Materials exceeding ten (10) pages must be submitted in hard copy, appropriately tabbed and indexed, with identical copies furnished to opposing counsel and self-represented parties.
Civil cases
Page 3 | B. Scheduling Procedures
Circulate each proposed order among opposing counsel and self-represented litigants before submitting it to the Court.
A proposed order must be circulated among opposing counsel and self-represented litigants prior to submitting it to the Court.
Civil cases
Page 5 | D. Submission of Orders and Judgments
Moving counsel must deliver the signed order to litigants who cannot be served automatically by eService and then file a Notice of Service reflecting delivery.
Counsel for the moving party must mail or otherwise deliver a copy of the signed order to any ===== PAGE 6 ===== self-represented litigant or other litigant who cannot be served automatically by eService. A Notice of Service must then be filed in the court file to reflect delivery of the order.
Civil cases
Page 5 | D. Submission of Orders and Judgments
A motion to withdraw and its notice of hearing must comply with Rule 2.505(f) and affirmatively reflect service on the client.
Motions to withdraw as counsel must comply with Fla. R. Gen. Prac. & Jud. Admin. 2.505(f). The motion and notice of hearing must affirmatively reflect service on the client.
Civil cases
Page 6 | D. Submission of Orders and Judgments
Experts should be subpoenaed for trial; the court will not require an unsubpoenaed witness to appear.
All experts should be under subpoena for trial. The court will not require a witness to appear who is not under subpoena.
Civil cases
Page 3 | Subpoenas
Courtesy Copy Requirements
The movant must deliver a hard copy of an emergency motion to judicial chambers on the filing date.
The movant must deliver a hard copy of the motion to the judicial chambers on the day the motion is filed.
Civil cases
Page 6 | E. Emergency and Other Urgent Matters
The Court will read case law or legal memoranda if they are delivered to chambers at least five business days before the applicable proceeding.
The Court will gladly read case law or legal memoranda furnished by counsel or a self-represented party, provided it is delivered to the judicial chambers at least five (5) business days prior to the proceeding to which it applies.
Civil cases
Page 3 | B. Scheduling Procedures
Pre-Motion Conference Requirements
If the Court finds an emergency exists, it will schedule the hearing unilaterally, and all parties must be available absent exigent circumstances.
If the Court determines that an emergency exists, the Court will unilaterally schedule a hearing. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.
Civil cases
Page 6 | E. Emergency and Other Urgent Matters
Adjournment & Extension Requirements
Continuances are disfavored and require good cause; absent good cause, the requesting party must sign a motion that strictly complies with Rule 1.460, and a hearing is required even for stipulated or agreed motions.
Continuances are disfavored and will be granted only upon good cause shown. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Fla. R. Civ. P. 1.460 and Fla. R. Gen. Prac. & Jud. Admin. 2.545(e). The motion must strictly comply with Rule 1.460. The Court requires hearings on motions for continuance, regardless of whether they are framed as “Stipulated” or “Agreed.”
Civil cases
Page 3 | B. Scheduling Procedures
A settlement order typically gives the parties 30 days to complete settlement documents and dismiss the case, but the Court may extend the period for good cause.
An Order on Notice of Settlement typically gives the parties 30 days to execute settlement documents and dismiss the case, although the Court may extend that time upon good cause shown.
Civil cases
Page 9 | J. Other Division Procedures
Chambers Communication Rules
Emails to the judicial office must copy all parties unless an ex parte communication is authorized by law.
All parties must be copied on any email directed to the judicial office, except in those few instances in which an ex parte communication is authorized by law.
Civil cases
Page 1 | A. Communications with the Judicial Office
Communications with the judicial office must comply with Canon 3, including its prohibition on ex parte communications unless authorized by law.
All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law.
Civil cases
Page 1 | A. Communications with the Judicial Office
A party seeking a hearing longer than one hour must email the request to the Judicial Assistant.
A party seeking a hearing in excess of one hour must send a request by e-mail to the Court’s Judicial Assistant, Michelle MacDonald, at mmacdonald@circuit7.org.
Civil cases
Page 2 | B. Scheduling Procedures
To request a trial, send a copy of the file-stamped Notice for Trial to the division email address.
Send a copy of a file-stamped Notice for Trial to Division01@circuit7.org.
Civil cases
Page 8 | I. Setting Case for Trial
A person with a disability needing an accommodation should contact Court Administration at least 7 days before the appearance, or immediately upon receiving the notice if fewer than 7 days remain.
If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration, 101 N. Alabama Ave., Ste. B-206, DeLand, FL 32724 (386) 257-6096, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Civil cases · Court notice
Page 3 | REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
As a general practice, communications to the judicial office should be sent by email to the Judicial Assistant.
As a general practice, all communications to the judicial office should be submitted by e-mail to mmacdonald@circuit7.org.
Civil cases
Page 1 | A. Communications with the Judicial Office
Parties may contact the judicial office only in accordance with these practices and procedures.
Parties may only contact the judicial office in accordance with these practices and procedures.
Civil cases
Page 1 | A. Communications with the Judicial Office
Emails to the judicial office must include the case number, case name, and relevant matter in the subject line.
The subject line must contain the case number, case name, and relevant matter (e.g., 2024 01234 CIDL – Smith v. Jones - 2-Hour Hearing Requested.)”
Civil cases
Page 1 | A. Communications with the Judicial Office
The Court will not consider unsolicited communications from non-parties.
The Court will not consider unsolicited communications from non-parties to a case.
Civil cases
Page 1 | A. Communications with the Judicial Office
Proposed orders may be submitted by email to Division01@circuit7.org.
E-mail for proposed orders: Division01@circuit7.org
Civil cases
Page 1 | Contact Information
Do not copy the Judicial Assistant on party or counsel email exchanges unless the email requests direct action from the judicial office.
Do not include the Judicial Assistant in e- mails or e-mail chains between the parties, the lawyers, or their support staff that do not request direct action from the judicial office.
Civil cases
Page 2 | A. Communications with the Judicial Office
Contact the judicial assistant with questions about the status of a queued hearing request.
If there are questions about the status of a queued hearing request, please contact the judicial assistant.
Page 6
People who are hearing or voice impaired should call 711 for accommodation assistance.
if you are hearing or voice impaired, call 711.
Civil cases · Court notice
Page 3 | REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
Self-represented litigants and attorneys excused from email service may contact the judicial office by telephone.
Self-represented litigants and attorneys excused from e-mail service may communicate with the judicial office by telephone at (386) 822-5073.
Civil cases
Page 1 | A. Communications with the Judicial Office