Seventh Judicial Circuit of Florida, Volusia, Flagler, Putnam, St. Johns Pre-Motion Conference Requirements

CRITICALCivil cases

Before filing a motion, the moving party must contact the opposing party and make a good-faith attempt to resolve the issues amicably.

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).

CRITICALCivil cases

Before filing any motion, the moving party must contact the opposing party and attempt in good faith to resolve the issues.

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).

CRITICALCriminal cases

A motion must be filed with the Clerk of Court before hearing time is requested.

Motions: All Motion(s) must be filed with the Clerk of Court PRIOR to requesting hearing time.

CRITICAL

For an in-person hearing, a motion to attend by Zoom must be heard and granted by an order before the underlying hearing date.

4. APPEARING VIRTUALLY/REMOTELY: If a hearing is noticed for in-person, a party, attorney, or attendee can file a motion to be allowed to attend via zoom. The motion to appear electronically must be heard and an order granting it entered PRIOR to the date of the underlying hearing.

CRITICAL

Before filing any motion, the moving party must contact the opposing party and make a good-faith attempt to resolve the motion's issues amicably.

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).

CRITICAL

The parties must confer before scheduling a hearing on a motion to compel discovery.

Parties must confer prior to scheduling the hearing.

CRITICALCivil cases

Counsel, not staff, must comply with the Fla. R. Civ. P. 1.202 conferral requirements; noncompliance may result in summary denial of a motion.

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.

CRITICALCriminal cases

Do not request that the Court accept an out-of-county plea unless the stated procedure has been followed.

Please do not request for this Court to accept a plea from another county unless this procedure is followed.

CRITICALCivil cases

Counsel, not staff, must comply with the conferral requirements in Florida Rule of Civil Procedure 1.202.

Compliance by counsel (not staff) with the conferral requirements in Fla. R. Civ. P. 1.202 is required.

CRITICALCivil casesProposed or draft document; may not be in force

If the client’s written consent is absent, the motion to withdraw must be set for a hearing.

Absent written consent, the motion must be set for a hearing.

CRITICALCivil cases

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.

CRITICAL

Before filing a motion, the movant must contact the opposing party and make a good-faith effort 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). This provision does not apply to motions for summary judgment or other case dispositive motions.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Before filing any motion, the moving party must contact the opposing party and make a good-faith effort to resolve the issues.

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).

CRITICAL

A motion for substitution of counsel must be set for hearing if client consent is not attached.

If client consent is not attached, the motion MUST be set for hearing.

CRITICALCivil cases

A motion for substitution of counsel must be set for hearing if client consent is not attached.

If client consent is not attached, the motion MUST be set for hearing.

CRITICALCivil cases

A motion to withdraw counsel must be set for a hearing if written client consent is absent.

Absent written consent, the motion MUST be set for a hearing.

CRITICAL

All motions must comply with Rule 1.202 conferral requirements, including three conferral attempts; noncompliance may result in denial and cancellation of a hearing.

All motions SHALL conform to the conferral requirements of Fla. R. Civ. P. 1.202. Motions scheduled for hearings that fail to comply with Rule 1.202 may be summarily denied and the hearing cancelled. A non-movant’s purposeful failure to respond to conferral attempts may be considered consent to the relief sought. Three attempts at conferral (which includes telephone communication) are required.

CRITICAL

A motion to withdraw counsel must be set for a hearing if written consent is absent.

Absent written consent, the motion MUST be set for a hearing.

WARNING

Whenever possible, parties should contact the opposing party before filing or upon receiving a motion to explore resolving it in whole or in part.

Parties should, whenever possible, contact the opposing party before filing or upon receiving a motion to determine if the matter can be resolved in whole or in part.

WARNING

Whenever possible, parties should contact the opposing party before filing or upon receiving a motion to explore whether the dispute can be resolved.

Parties should, whenever possible, contact the opposing party before filing or upon receiving a motion to determine if the matter can be resolved in whole or in part.

WARNING

Before filing a motion, reasonable efforts should be made to contact the opposing party and determine whether the matter can be resolved or submitted by stipulation and proposed order.

Reasonable efforts should be made prior to filing a motion, to contact the opposing party to determine if the matter can be resolved in whole or in part. This may alleviate the need to file the motion or may allow submission of a stipulation and proposed order in lieu of a hearing.

WARNING

Unless the parties agree otherwise, originally noticed motions are heard before cross-noticed matters.

Unless the parties agree otherwise, the motion(s) originally noticed for the hearing will be heard prior to any cross- noticed matter.

WARNING

Summary motions may be scheduled during expedited hearings if they can be heard in five minutes; longer motions should be scheduled on regular hearing days through Benchmark.

You may schedule your own motions for summary if the motions can be heard in five minutes during the judge’s expedited hearings. If the motion is longer this should be scheduled during regular hearing days and this can be scheduled on Benchmark

WARNING

Before any evidentiary or non-jury trial, the parties must confer about objections to exhibits.

Parties must confer prior to any evidentiary or non-jury trial regarding any objections to exhibits.

WARNINGCivil cases

Failure to comply with conferral requirements may result in summary denial of a motion.

Failure to comply with conferral requirements may result in summary denial of motions.

WARNING

Labeling a motion emergency or urgent does not increase hearing priority unless the motion states facts establishing a genuine emergency or urgent need for action.

Labelling a motion as “Emergency” or “Urgent” does not move the hearing up in priority unless the motion itself recites facts giving rise to genuine emergency or urgent action.

WARNING

Inquiries requiring a Court ruling should be made by filing a proper motion.

All inquires requiring a ruling from the Court should be done by way of a proper Motion.

WARNINGCivil casesProposed or draft document; may not be in force

Emergency hearings are rarely granted.

“Emergency” hearings are rarely granted.

WARNING

Before filing a motion, parties should make reasonable efforts to contact the opposing party about resolving the matter or submitting a stipulation and proposed order instead of having a hearing.

Reasonable efforts should be made prior to filing a motion, to contact the opposing party to determine if the matter can be resolved in whole or in part. This may alleviate the need to file the motion or may allow submission of a stipulation and proposed order in lieu of a hearing.

WARNING

Parties should, whenever possible, contact the opposing party before filing or upon receiving a motion to explore resolving it or submitting an agreed order without a hearing.

Parties should, whenever possible, contact the opposing party before filing or upon receiving a motion to determine if the matter can be resolved in whole or in part. This may alleviate the need for filing the motion or allow submission of an agreed order in lieu of a hearing.

INFO

The Court schedules cases for trial at the pretrial conference or CMC.

Procedure: The Court will schedule cases for trial at the pretrial conference or CMC.

INFOCivil casesProposed or draft document; may not be in force

If the Court determines an emergency exists, it will schedule the hearing unilaterally.

If the Court determines an emergency exists, the Court will unilaterally schedule a hearing.