Judge R. Lee Smith
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 15 pages
- No Later Than 10 Business Days Before Hearing
Legal Memorandum, Opposition
- No Later Than 10 Business Days Before Hearing
Notice of Trial
Adjournments
- A motion to extend the time for service must be filed at least 10 days before the initial service period expires and state why service was not completed and what service attempts were made.
Communication
Chambers
Phone
Chambers
Page & Word Limits1 rule
Responses or memoranda in opposition to motions shall not exceed twenty (20) typewritten pages without leave of Court.
- Opposition
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements2 rules
The proposed order must be an attachment to the email in Word format. Proposed orders must not be filed through the e-filing portal. Do not send proposed orders in pdf format.
The joint set of instructions should be given to the Court on paper and electronically (e.g. flash drive, email, etc.) in Word format. Proposed verdict forms should be submitted the same way.
Document Filing Requirements23 rules
2. The Notice must specify the location of the hearings.
1. Motion(s) to be heard.
The Notice must not state that a hearing is Zoom-only because in-person appearances are permitted and may be required.
Court's wording
The Notice shall not specify the hearing is by Zoom only, since in-person appearances are permitted at any hearing and required for all evidentiary hearings and hearings scheduled for one hour or longer.
3. For hearings in which Zoom attendance is permitted, counsel shall include the Zoom access information located below and on the Court’s webpage at www.circuit7.org.
4. The amount of time reserved for the hearing.
The motion and proposed order must specify within the body that the relief sought has been agreed to by all parties.
- Document
- Motion
- Placement
- Body of the document
the motion must have supporting documentation attached (e.g. sales contract, loan modification information, etc.).
the motion must contain specific facts setting forth the reasons for the postponement
The motion must set forth the reasons for withdrawal and the client’s last known address.
Unless there has been a complete failure to respond or object, a discovery motion to compel must quote each challenged request and the full allegedly insufficient response or objection and its grounds; attaching them alone is insufficient.
- Document
- Discovery motion
- Placement
- Body of the document
Court's wording
Unless there has been a complete failure to respond or object to written discovery requests, motions 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.
If the client does not consent to the withdrawal in writing, a hearing will need to be scheduled.
Motions to substitute counsel must comply with Fla. R. Gen. Prac. & Jud. Adm. 2.505 and contains the client’s written consent.
Emergency hearings must be requested by written motion, setting forth in the introductory or first paragraph the reasons why the matter is considered an “emergency,” and the amount of time needed for a hearing on the motion The request must be delivered to the Judge’s chambers.
All notices of hearing must identify the hearing room or courtroom where the hearing will take place and shall not indicate the hearing is a remote hearing.
For a non-evidentiary hearing scheduled for less than one hour, the hearing notice must include the specified Zoom-appearance language.
Court's wording
For non- evidentiary hearings scheduled for less than one hour, the notice shall additionally specify “parties and/or counsel may appear by Zoom in lieu of in-person appearance and must strictly adhere to the Zoom attendance guidelines.”
All notices of hearing must contain the ADA notification required by Fla. R. Gen Prac. and Jud. Admin. 2.540.
Prior to submitting the proposed order it must be presented to opposing counsel. The email to the Court with the attached proposed order must indicate that the proposed order has been shown to opposing counsel for review and whether opposing counsel agrees to its content.
Parties seeking to set a case for trial do not need to schedule a hearing with the Court but should file a Notice of Trial that complies with Fla. R. Civ. P. 1.440. A copy of the Notice must be sent to the Judge’s chambers. If a specific trial term is agreed to by the parties, the Notice should so specify. The Notice of Trial must specify whether the trial is by jury or non-jury, and the expected length of the trial.
If a party seeks to have a witness testify via audio-video communication technology, a motion must be filed that complies with Rule 2.530, Fla. R. Gen. Prac. & Jud. Adm.
Prior to jury selection, counsel for all parties shall confer and generate one joint set of jury instructions for use at the charge conference. Plaintiff’s counsel (unless Plaintiff is unrepresented, in which case defense counsel) is responsible for creating the joint set of proposed instructions.
Counsel/parties appearing by Zoom shall notify opposing counsel and the Court of their intention by filing a Notice of Intent to Appear via Zoom.
Proposed orders following a hearing at which the judge did not announce a ruling shall only be submitted if the Court requested the parties to do so.
Instructions that are agreed upon shall be so designated; instructions not agreed upon should be labeled as the Plaintiff’s or Defendant’s requested instructions within the joint set. Citations to the source of the instructions should be noted therein.
Filing & Service rules
Electronic Filing Rules
Orders on consented matters that do not need a hearing must be submitted electronically using the procedures in paragraph 6.
The order must be submitted electronically utilizing the procedures set forth below in paragraph 6.
Civil cases
Page 1 | Orders on Unopposed Matters
Proposed orders must be emailed to the Court at the specified address, with a subject line stating “Proposed Order” and including the case style and case number.
All proposed orders must be sent to the Court electronically by email at division59@circuit7.org. The subject line of the email must state “Proposed Order,” and include the case style and case number.
Civil cases
Page 5 | Submission of Proposed Orders
Proposed orders must not be filed through the e-filing portal.
Proposed orders must not be filed through the e-filing portal.
Civil cases
Page 5 | Submission of Proposed Orders
Filing Timing and Cure Windows
A motion to cancel or reschedule a foreclosure sale must be received by the Court at least five business days before the scheduled sale.
the written motion is received by the Court no less than five (5) business days before the scheduled sale date
Civil cases
Page 1 | Orders on Motions that may not require hearings
The Notice of Hearing must be filed immediately after hearing time is secured.
A Notice of Hearing must be filed immediately upon securing hearing time.
Civil cases
Page 2 | Hearings — Scheduling Hearings
When the judge announces a ruling and directs a party to submit a proposed order, it must be submitted within ten days of the hearing unless the judge directs otherwise.
Proposed orders following a hearing at which the judge announced a ruling and directed a party to submit a proposed order shall be submitted to the Court within ten (10) days of the hearing, unless the judge directed otherwise.
Civil cases
Page 5 | Submission of Proposed Orders
Expert-witness motions or objections must be filed at least 60 days before the trial period in General cases and 45 days before it in Streamlined cases.
Expert witness-related motions or objections (e.g., Daubert motions) must be filed no later than 60 days prior to the start of the scheduled or projected trial period for “General” cases and forty-five (45) days prior to the start of the specified or projected trial period for “Streamlined” cases.
Civil cases
Page 3 | H. EXPERT WITNESS MOTIONS
Pretrial motions, except dispositive motions and expert-witness motions, must be filed at least 30 days before trial.
All pretrial motions, other than dispositive motions and motions directed at expert witnesses, must be filed no later than thirty (30) days prior to the trial date.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
Mediation is required unless excused by the Court or excluded under Fla. R. Civ. P. 1.710(b), and must be completed with a report filed before docket sounding.
Unless excused by the Court or excluded pursuant to Fla. R. Civ. P. 1.710(b), mediation is to be conducted in all cases. Mediation must be concluded, and a report filed prior to docket sounding.
Civil cases
Page 3 | J. MEDIATION
A pretrial motion filed within 30 days of trial will not be considered if based on a matter the movant knew or reasonably should have known at least 30 days before trial.
Pretrial motions filed within 30 days of trial will not be considered if predicated on matters the movant knew or should have known with the exercise of reasonable diligence at least 30 days prior to the trial date.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
Service and Proof of Service Rules
A motion to cancel or reschedule a foreclosure sale must be served on all parties.
Motions to cancel or reschedule foreclosure sales, only if the following requirements are met: (a) the written motion is received by the Court no less than five (5) business days before the scheduled sale date and served on all parties;
Civil cases
Page 1 | Orders on Motions that may not require hearings
A motion to withdraw by counsel requires notice to all parties and the client.
Notice must be provided to all parties and their client.
Civil cases
Page 2 | Motions to Withdraw by Counsel
Executed orders are served by email to counsel and unrepresented parties, except unrepresented parties excused from designating an email address receive them by mail.
Executed orders will be served upon counsel of record in the case at their designated email addresses; thus, it is imperative that all counsel keep their email addresses up to date. Unrepresented parties will receive the executed orders at their email address. Unrepresented parties who have been excused from designating an email address will receive orders through the mail.
Civil cases
Page 5 | Submission of Proposed Orders
The document is served on the listed counsel or parties by automatic email generated by the Florida Court E-Filing Portal.
I HEREBY CERTIFY that the foregoing document is being served on ______________ via an automatic email generated by the Florida Court E-Filing Portal to: [list counsel/parties]
Civil cases
Page 2 | CERTIFICATE OF SERVICE
Proof of service of process must be filed promptly with the Clerk of Court.
Proof of service of process is to be promptly filed with the Clerk of Court.
Civil cases
Page 1 | C. SERVICE OF PROCESS
Plaintiffs must serve each defendant with the initial process and pleading within 120 days after the case is filed.
Plaintiff(s) are required to serve each defendant with initial process and pleading no later than one hundred twenty (120) days from case filing as provided in Fla. R. Civ. P. 1.070(j).
Civil cases
Page 1 | C. SERVICE OF PROCESS
Plaintiff must serve the Order on all other parties and file a notice of service with the Clerk within 30 days of issuance.
Plaintiff is required to serve a copy of this Order on all other parties and file a notice of service with the Clerk within 30 days of the date of its issuance.
Civil cases
Page 3 | L. SERVICE OF THIS ORDER
An unserved defendant may be dismissed without further notice after the service period, including any extensions, expires.
After the expiration of the time for service, including any extensions, any unserved defendant(s) may be dismissed from the action without further notice.
Civil cases
Page 1 | C. SERVICE OF PROCESS
Courtesy Copy Requirements
For motions scheduled for hearing that exceed 15 pages including attachments, the movant must deliver a hard-copy chambers copy of the motion and attachments at least 10 business days before the hearing.
If the motion(s) scheduled for hearing exceed(s) 15 pages, including attachments, the movant shall submit a chambers copy, in hard copy, of the motion(s) and attachments to the Court, which must be received by the Court no later than ten (10) business days prior to the hearing.
Civil cases
Page 3 | Chambers Copies of Motions
If a party chooses to submit a legal memorandum or opposition response for an upcoming hearing, it must also deliver a chambers copy regardless of length at least 10 business days before the hearing.
If parties desire to submit legal memoranda, or responses in oppositions to motions upcoming for hearing, in addition to filing the memoranda or response, regardless of length a chambers copy must be delivered to the judge no later than ten (10) business days prior to the hearing.
Civil cases
Page 3 | Legal Memoranda
A copy of the Notice of Trial must be sent to the Judge’s chambers.
A copy of the Notice must be sent to the Judge’s chambers.
Civil cases
Page 5 | Setting Cases for Trial
Pre-Motion Conference Requirements
Counsel, not staff, must comply with Fla. R. Civ. P. 1.202 conferral requirements, and noncompliance may result in summary denial.
Compliance by counsel (not staff) with the conferral requirements in Fla. R. Civ. P. 1.202 is required. Failure to comply with conferral requirements may result in summary denial of motions.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
Adjournment & Extension Requirements
A motion to extend the time for service must be filed at least 10 days before the initial service period expires and state why service was not completed and what service attempts were made.
Motions for extension of time to complete service of process must be filed no later than ten (10) days prior to the expiration of the initial time allotted for service. The motions must specify the reasons why service could not be performed within 120 days and what attempts had been made at service during that period.
Civil cases
Page 1 | C. SERVICE OF PROCESS
Deadlines in the order will be strictly enforced unless the Court modifies them by order.
The deadlines specified herein will be strictly enforced unless modified by Court order.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
A motion to continue a trial must comply with the cited rules; continuances are not a matter of right, are disfavored and rarely granted, and lack of diligence is not good cause.
Motions to Continue Trials: A motion to continue must comply with the requirements in Rule 1.460, Fla. R. Civ. P. and Rule 2.545(e), Fla. R. Gen. Prac. & Jud. Adm. No continuance is granted as a matter of right and the parties should not assume that a continuance will be granted, even if all parties consent. Motions to continue trials are disfavored and rarely granted. Lack of due diligence in preparing for trial is not good cause to continue a trial.
Civil cases
Page 5 | Motions to Continue Trials
The presiding judge may, in their discretion, grant plaintiffs an additional 90 days to serve remaining defendants.
In its discretion, the presiding judge may grant the plaintiff(s) an additional ninety (90) days to serve any remaining defendant(s).
Civil cases
Page 1 | C. SERVICE OF PROCESS
The parties may submit an agreed order extending disclosure or discovery deadlines, but other deadlines remain unchanged unless the Court orders otherwise.
The parties may submit an agreed order to extend disclosure and/or discovery deadlines; however, all remaining deadlines will remain in place absent a Court order.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
Continuances of deadlines are strongly discouraged.
Continuances of deadlines are strongly discouraged.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
Chambers Communication Rules
Emails to the judicial office must copy all parties unless the communication is authorized ex parte by law.
All parties must be copied on any email directed to the judicial office, unless an ex parte communication is authorized by law.
Civil cases
Page 1 | Communication with the Court
A hearing may not be scheduled less than 10 days before its hearing date unless the Court consents.
Hearings may not be scheduled on the Court’s calendar less than 10 days before the scheduled hearing date without the Court’s consent.
Civil cases
Page 2 | Hearings — Scheduling Hearings
Benchmark scheduling is limited to hearings of one hour or less; longer hearings must be scheduled through the judicial assistant and require prior Court authorization or they will be stricken.
No hearing may be scheduled for longer than one hour on Benchmark. Any hearing requiring more than one hour may only be scheduled through the judicial assistant. If a hearing is scheduled for more than one hour without prior authorization from the Court, the hearing will be stricken.
Civil cases
Page 2 | Hearings — Scheduling Hearings
Counsel must coordinate hearings among themselves and schedule them through Benchmark; instructions are available on the judge’s webpage.
All hearings need to be coordinated among all counsel and scheduled through the Benchmark internet scheduling system. Instructions for using Benchmark can be found on the Judge’s webpage at www.circuit7.org.
Civil cases
Page 2 | Hearings — Scheduling Hearings
A hearing cannot be scheduled on an unfiled motion, and a hearing scheduled on one will be stricken.
No hearing shall be scheduled on motions that have not yet been filed. Hearings scheduled on unfiled motions will be stricken.
Civil cases
Page 2 | Hearings — Scheduling Hearings
The judicial assistant cannot provide legal advice.
The judicial assistant is not permitted to provide legal advice.
Civil cases
Page 1 | Communication with the Court
Do not copy the judicial assistant on party-to-party emails that do not request action from the judicial office.
Do not include the judicial assistant in emails between parties that do not request action from the judicial office.
Civil cases
Page 1 | Communication with the Court
Multiple motions in the same case cannot be scheduled at non-sequential times during the same day.
Multiple motions in the same case may not be scheduled at non-sequential times throughout the same day.
Civil cases
Page 2 | Hearings — Scheduling Hearings
Inquiries are typically answered in the order received, as expeditiously as reasonably possible.
Your inquiry will typically be responded to in the order it was received, as expeditiously as reasonably possible.
Civil cases
Page 1 | Communication with the Court
Questions about the procedures may be directed to the judicial assistant by email or phone, with email preferred.
If you have questions regarding the requirements set forth herein, please contact the judicial assistant for the division at tdavis@circuit7.org or (904) 827-5606. Email communication is preferred.
Civil cases
Page 1 | Communication with the Court