Judge Randell H. Rowe III
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • No Later Than Docket Sounding or at or Before Pretrial Conference
Emergency Motion
- On Day Filed
Proposed Order
- At Least Five Business Days Before Hearing or Trial
Rehearing Motions, Reconsideration Motions, Clarification Motions, New Trial Motions
Adjournments
- A continuance motion must be written, state the reason, any party’s objection, and anticipated trial readiness, and be signed by the requesting party; witness unavailability requires the witness’s expected availability, and inability to secure a witness is not a basis unless a subpoena was issued and served or service was attempted at least 10 days before trial.
- An extension or modification of an Order deadline or compliance date is not permitted if it would continue the trial or prevent mediation from being completed before docket sounding.
- Any other extension of an Order deadline or compliance date, or modification of the Order, requires Court approval.
- +3 more
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Phone
Document Format Requirements4 rules
Each jury instruction shall be on a separate page; shall contain citations of supporting authorities, if any; shall designate the party submitting the instruction; and shall be numbered in sequence.
- Proposed jury instructions
Formatting
- •Each instruction must contain citations of supporting authorities, if any
- •Each instruction must designate the party submitting it
- •Instructions must be numbered in sequence
Format and Submission Method: Submit all proposed orders (EXCEPT Final Judgments of Foreclosure) via e-mail to Division02@circuit7.org in Microsoft Word format.
- Proposed order
Formatting
- •Microsoft Word format
- •Final Judgments of Foreclosure are excepted
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
- File type
- Paper
- Exhibits
Formatting
- •Identify each exhibit and assign it a letter
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.
- Proposed order
Formatting
- •Do not include a law firm’s internal file number
- •Do not include a barcode or other computer-generated code
- •Do not include a law firm’s letterhead in the header or footer
Document Filing Requirements29 rules
Each motion shall contain a certificate of the movant's attorney if represented (or the moving party if unrepresented) certifying his/her compliance with this requirement. This provision does not apply to motions for summary judgment or other case dispositive motions.
The statement shall be signed by all attorneys and unrepresented parties.
Each party shall, at least two days before jury selection or such other time as agreed by the Clerk, meet with, and assist the Clerk in marking all exhibits for identification in the manner directed by theClerk.
If this case is scheduled for a jury trial, no later than the docket sounding, each party shall submit to the Court an original and one electronic copy of that party's proposed jury instructions and verdict form.
The joint pretrial statement must include each of the eleven specified items, including the annotated exhibit and witness lists.
Court's wording
The pretrial statement shall contain the following items in the following format: 3 (1) A statement of the case to be read to the jury if a jury trial. (2) A statement of facts which are admitted and which of those admitted facts may be read in evidence at trial as a stipulation of the parties. (3) A list of issues raised by the pleadings that are abandoned. (4) A list of the issues of fact to be tried (framed as they would be set forth in an interrogatory verdict). (5) A list of significant issues of law, procedure, or evidence to be determined by the Court prior to or during trial. (6) An itemized list of special damages that each party claiming special damages expects to prove. (7) The annotated copy of each party's list of exhibits showing objections required by paragraph 9(a)(2) of this Order. (8) The annotated copy of each party's witness list required by paragraph 9(a)(3) of this Order. (9) The number of peremptory challenges agreed upon or requested, if no agreement is reached, if a jury trial. (10) A current estimate of the number of days required for trial and the time requested for opening statements. (11) Any other agreed matters.
Any extension or modification agreed to shall be by written stipulation signed by all parties to this action and filed with the Court.
Notices of hearing must include the Zoom meeting ID when a remote appearance is involved, identify each motion and its DKT number, contain the required ADA notification, be provided to the Judicial Assistant, and identify an evidentiary hearing as such.
Court's wording
A notice of hearing involving any remote appearance must contain the Zoom meeting ID for the hearing. Notices of hearing must list each motion to be heard and include the docket identification number (“DKT” 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. The notice of hearing must be provided to the Judicial Assistant. An evidentiary hearing shall be identified as such in the notice of hearing.
A proposed order must be circulated among opposing counsel and self-represented litigants prior to submitting it to the Court.
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.
Proposed orders must state that copies have been furnished by eService to each named attorney.
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
Do not under any circumstances submit a proposed order simply entitled “Order.”
A Notice of Service must then be filed in the court file to reflect delivery of the order.
Every proposed order must be accompanied by 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.
For orders entered without a hearing, do not use hearing language or state that the Court heard counsel’s arguments; begin with the specified “THIS CAUSE came before the Court….” language.
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 motion and notice of hearing must affirmatively reflect service on the client.
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.
Any such motion must substantially comply with Fla. R. Civ. P. Form 1.996(c).
Requirements: “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.
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.
Unless there was a complete failure to respond or object, a discovery motion to compel must quote each addressed discovery request and the full challenged response or objection and grounds in the motion body; attachments alone are 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.
A Motion to Compel set for a hearing must detail compliance with this procedure or it will be stricken.
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.
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 Notice of Trial must specify whether the trial is by jury or non- jury, and the expected length of the trial.
If the motion for which a proposed order is submitted is unopposed, the proposed order should be titled “Agreed Order Granting/Denying….”
The order should be titled “Order [Granting/Denying] [Plaintiff’s/Defendant’s] Motion to _______”.
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.
A party seeking to cancel a foreclosure sale should indicate in the motion whether the sale has been cancelled before and, if so, the number of occasions and the reasons for the prior cancellation(s).
Filing & Service rules
Electronic Filing Rules
In foreclosure proceedings, original documents such as notes, allonges, mortgages, assignments, affidavits, and default letters must be sent directly to the Clerk’s Office.
Original documents such as notes, allonges, mortgages, assignments, affidavits, and default letters MUST BE SENT DIRECTLY TO THE CLERK’S OFFICE.
Page 5 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
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.
Page 2 | B. Scheduling Procedures
Cancellation requests must ordinarily be made at least one business day before the hearing, and counsel must appear if a cancellation is sought on shorter notice unless an agreed order resolves all matters or the moving party withdraws all motions.
Absent exceptional circumstances, cancellations must be requested no less than one business day prior to the hearing. Counsel must appear at any hearing sought to be cancelled on fewer than one business day’s notice, unless (a) counsel submits an agreed order resolving all matters that were to be heard; or (b) the moving party withdraws all motions that were to be heard.
Page 3 | B. Scheduling Procedures
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.
Page 5 | D. Submission of Orders and Judgments
The Court will not conduct a foreclosure final hearing unless the original documents are filed with the Clerk by the hearing date.
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.
Page 5 | D. Submission of Orders and Judgments
When a case settles, promptly notify the Judicial Assistant and file a Notice of Settlement.
When a case is settled, promptly notify the Judicial Assistant and file a Notice of Settlement.
Page 8 | J. Miscellaneous Division Procedures
Plaintiff’s counsel must file a status report with the Clerk every 90 days while a case is stayed or abated.
• Status Reports for Stayed/Abated Cases: For cases that are stayed or abated due to bankruptcy proceedings, arbitrations, or for any other reason, counsel for the plaintiff shall file with the Clerk of the Court a status report every 90 days.
Page 9 | Status Reports for Stayed/Abated Cases
The Court will read case law or legal memoranda if delivered to chambers at least three business days before the 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 three (3) business days prior to the proceeding to which it applies.
Page 3 | B. Scheduling Procedures
A settlement order typically allows 30 days to execute settlement documents and dismiss the case, may extend that time for good cause, and provides for dismissal without further notice or hearing if the case is not dismissed within the period and no good cause is shown.
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. If no good cause is shown for failing to dismiss the case before expiration of the 30-day period, however, the Court will dismiss the case without further notice or hearing.
Page 8 | J. Miscellaneous Division Procedures
Service and Proof of Service Rules
Parties not seeking affirmative relief must file and serve their expert-witness notice no later than 60 days before docket sounding and identify each expert’s area of expertise.
No later than sixty (60) days before docket sounding, each party not seeking affirmative relief shall file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial. For each expert witness listed, the noticing party shall designate his/her area of expertise (i.e. "accident reconstruction", "economist", "treating orthopedic physician" etc.).
Civil cases
Page 1 | 2. WITNESS LISTS
Parties seeking affirmative relief must file and serve their expert-witness notice at least 75 days before docket sounding and identify each expert’s area of expertise.
No less than seventy-five (75) days before docket sounding, each party seeking affirmative relief will file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial. For each expert witness listed, the noticing party shall designate his/her area of expertise (i.e. "accident reconstruction", "economist", "treating orthopedic physician" etc.).
Civil cases
Page 1 | 2. WITNESS LISTS
Each party must file and serve a non-expert witness notice at least 60 days before docket sounding, including witnesses expected to testify for impeachment or rebuttal.
No less than sixty (60) days prior to docket sounding, each party will file with the Court and serve on all other parties a notice containing the names and addresses of each non-expert witness whom the noticing party in good faith expects to call as a witness at trial, including witnesses expected to be called for impeachment or rebuttal.
Civil cases
Page 1 | 2. WITNESS LISTS
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. See Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 1 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal unless excused; they may register for eService at the stated website.
All attorneys and self-represented litigants must make and receive service by e-mail via the Florida Courts E-Filing Portal, unless excused. Attorneys and self-represented parties may register for electronic service (“eService”) at www.myflcourtaccess.com.
Page 1 | A. Communications with the Judicial Office
A notice of hearing must be served immediately after hearing time is reserved.
A notice of hearing must be filed and served immediately after reserving hearing time.
Page 2 | B. Scheduling Procedures
After cancellation approval, the notice of cancellation must be served on opposing counsel and any self-represented litigant.
Send all requests for cancellation to the Judicial Assistant, and upon receiving approval to cancel, file a notice of cancellation with the Clerk of the Court and serve it on opposing counsel and any self-represented litigant.
Page 3 | B. Scheduling Procedures
Moving counsel must mail or otherwise deliver the signed order to self-represented litigants and others who cannot be served automatically by eService.
Counsel for the moving party must mail or otherwise deliver a copy of the signed order to any self- represented litigant or other litigant who cannot be served automatically by eService.
Page 5 | D. Submission of Orders and Judgments
The Court, opposing counsel, and 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.
Page 7
Attorneys and unrepresented parties must not time filings or service to unfairly limit an opponent’s response opportunity and must consult in good faith to avoid scheduling conflicts.
No attorney or unrepresented party shall time the filing or service of motions or pleadings in any way that unfairly limits the other party's opportunity to respond and will consult with each other regarding scheduling matters in a good faith effort to avoid scheduling conflicts.
Civil cases
Page 5
Attorneys and self-represented litigants must update their 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.
Page 1 | A. Communications with the Judicial Office
Courtesy Copy Requirements
File the original joint pretrial statement and mail or deliver one copy to the Judge by docket sounding, or by the pretrial conference if one is scheduled.
The original shall be filed, and one copy shall be mailed or delivered to the Judge no later than docket sounding; provided, however, that if the Court schedules a pretrial conference, the joint pretrial statement shall be provided to the Court at or before the pretrial conference.
Civil cases
Page 3 | 9. PRETRIAL MEETING OF ATTORNEYS AND UNREPRESENTED PARTIES
The movant must deliver a hard copy of an emergency motion to judicial chambers on the day it is filed.
The movant must deliver a hard copy of the motion to the judicial chambers on the day the motion is filed.
Page 6 | E. Emergency and Other Urgent Matters
Deliver proposed foreclosure final judgments, sufficient copies for conforming, and pre-addressed stamped envelopes to the judicial office at least five business days before a foreclosure summary judgment hearing or trial.
Deliver all proposed Final Judgments of Foreclosure to the judicial office along with sufficient copies for 5 ===== PAGE 6 ===== conforming and pre-addressed, stamped envelopes, at least five (5) business days prior to a foreclosure summary judgment hearing or trial.
Page 6 | D. Submission of Orders and Judgments
A hard copy of any filed motion for rehearing, reconsideration, clarification, new trial, or the like must be provided to the Judicial Assistant.
• Motions for Rehearing/Reconsideration/New Trial: Motions for Rehearing, Reconsideration, Clarification, New Trial, and the like, may not be set for hearing without the Court’s authorization. A hard copy of any such motion filed must be provided to the Judicial Assistant.
Page 9 | Motions for Rehearing/Reconsideration/New Trial
A hard copy of any filed motion for a temporary injunction must be provided to the Judicial Assistant.
• Motions for Temporary Injunctions: Motions for Temporary Injunctions may not be set for hearing without the Court’s authorization. A hard copy of any such motion filed must be provided to the Judicial Assistant.
Page 9 | Motions for Temporary Injunctions
Pre-Motion Conference Requirements
Before filing a motion, the moving party must contact the opposing party and attempt in good faith to resolve the issues, except for summary-judgment and other case-dispositive motions.
Before any motion is filed, the moving party shall contact the opposing party and attempt, in good faith, to amicably resolve the issues raised by the motion(s). Each motion shall contain a certificate of the movant's attorney if represented (or the moving party if unrepresented) certifying his/her compliance with this requirement. This provision does not apply to motions for summary judgment or other case dispositive motions.
Civil cases
Page 2 | 6. PRETRIAL MOTIONS
Adjournment & Extension Requirements
A continuance motion must be written, state the reason, any party’s objection, and anticipated trial readiness, and be signed by the requesting party; witness unavailability requires the witness’s expected availability, and inability to secure a witness is not a basis unless a subpoena was issued and served or service was attempted at least 10 days before trial.
Motions for continuance must be in writing and specifically set forth: (a) the reason for the requested continuance; (b) if any party objects to the requested continuance and (c) when it is anticipated the case will be ready for trial. The rule requires that the party (not just the attorney) requesting the continuance should sign the motion or stipulation. (Fla. R. Gen. Prac. & Jud. Admin. 2.545(e)). If the requested continuance is based on the unavailability of a witness, the Court must be advised of when it is believed the witness will be available. The inability to require the attendance of a witness at trial shall not be the basis for continuance of the trial unless a witness subpoena was issued and served on the witness (or was attempted to be served on the witness) at least ten (10) days prior to the trial date.
Civil cases
Page 2 | 5. CONTINUANCES
An extension or modification of an Order deadline or compliance date is not permitted if it would continue the trial or prevent mediation from being completed before docket sounding.
No extension of deadlines or compliance dates established by this Order are permitted if the extension or modification would cause a continuance of the trial or would prevent the completion of mediation prior to docket sounding.
Civil cases
Page 4 | 13. EXTENSION OF TIME LIMITS
Any other extension of an Order deadline or compliance date, or modification of the Order, requires Court approval.
Any other extension of the deadlines or compliance dates established herein, or modifications of this Order requires Court approval.
Civil cases
Page 4 | 13. EXTENSION OF TIME LIMITS
Continuances are disfavored and will be granted only for good cause.
Continuances are disfavored and will be granted only upon good cause shown.
Page 3 | B. Scheduling Procedures
A continuance motion must be signed by the requesting party unless good cause is 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).
Page 3 | B. Scheduling Procedures
Lack of due diligence in trial preparation does not constitute good cause for a continuance.
Lack of due diligence in preparing for trial is not good cause to continue a trial.
Page 3 | B. Scheduling Procedures
Chambers Communication Rules
Communications with the judicial office, including the Judicial Assistant, must comply with Canon 3; emails to the judicial office must copy all parties unless an ex parte communication is 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. This rule applies to the Judicial Assistant as well. 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.
Page 1 | A. Communications with the Judicial Office
Only the Judicial Assistant can approve a hearing cancellation; after approval, a notice must be filed with the Clerk and served on opposing counsel and any self-represented litigant.
Only the Judicial Assistant can cancel a hearing. 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 of the Court and serve it on opposing counsel and any self-represented litigant.
Page 3 | B. Scheduling Procedures
Proposed orders, except Final Judgments of Foreclosure, must be emailed to Division02@circuit7.org.
Format and Submission Method: Submit all proposed orders (EXCEPT Final Judgments of Foreclosure) via e-mail to Division02@circuit7.org in Microsoft Word format.
Page 4 | D. Submission of Orders and Judgments
To request a trial, send a copy of the file-stamped Notice for Trial to the specified division email address.
Send a copy of a file-stamped Notice for Trial to Division02@circuit7.org.
Page 8 | I. Setting Case for Trial
The Court will not consider unsolicited communications from non-parties, and parties may contact the judicial office only as these procedures allow.
The Court will not consider unsolicited communications from non-parties to a case. Parties may only contact the judicial office in accordance with these practices and procedures.
Page 1 | A. Communications with the Judicial Office
As a general practice, communications to the judicial office should be emailed to the listed address, and the subject line must include the case number, case name, and relevant matter.
Method of Communication: As a general practice, all communications to the judicial office should be submitted by e-mail to dlwinfrey@circuit7.org. 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.)
Page 1 | A. Communications with the Judicial Office
The Judicial Assistant cannot give legal advice and should not be included in party or counsel email exchanges unless the message requests direct action from the judicial office.
The Judicial Assistant is not permitted to give legal advice. 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.
Page 2 | A. Communications with the Judicial Office
Requests for an ADA accommodation may be made by phone or email and should be made at least 7 days before the scheduled appearance, or immediately upon receiving notice if fewer than 7 days remain.
• ADA Accommodations: If you need an ADA accommodation, please contact Anne Pierce, the ADA coordinator for the Seventh Judicial Circuit at (386) 257 6096 or e-mail SignLanguageRequests@circuit7.org at least 7 days before your scheduled court appearance, or immediately upon receiving the notification if the time before the appearance is less than 7 days.
Page 9 | ADA Accommodations
Self-represented litigants and attorneys excused from e-mail service may contact the judicial office by telephone at the listed number.
Self-represented litigants and attorneys excused from e-mail service may communicate with the judicial office by telephone at (386) 736-5946.
Page 1 | A. Communications with the Judicial Office
Inquiries are typically answered in the order received as expeditiously as reasonably possible, and repeating an inquiry or emailing the Judicial Assistant again will not speed up the response.
Your inquiry will typically be responded to in the order it was received, and as expeditiously as reasonably possible. Repeated inquiries and e-mails to the Judicial Assistant will not result in a faster response.
Page 2 | A. Communications with the Judicial Office
Interpreter requests should be sent to Interpreter@circuit7.org.
• Interpreter Requests: Any requests for an interpreter should be sent to Interpreter@circuit7.org.
Page 9 | Interpreter Requests