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Court Rules
Judge Sandra C. Upchurch
Judge

Judge Sandra C. Upchurch

Individual Rules, Standing Orders & Policies

Rules last changed:
Seventh Judicial Circuit of Florida, Volusia, Flagler, Putnam, St. Johns

Limits & Logistics

Courtesy Copies

Notice of Hearing

  • Email

Notice of Voluntary Dismissal

  • Email • Upon Filing

Communication

Email

Chambers

kasmith@circuit7.org
SchedulingEmergencies
Email

Chambers

division53@circuit7.org
Scheduling
Email

Chambers

division49@circuit7.org
Email
interpreter@circuit7.org
Phone

Chambers

(386) 313-4530
Phone
(386) 257 6096
Email

Chambers

Scheduling
Filters:

Document Format Requirements9 rules

FormattingMandatory

Proposed Orders MUST only be submitted in Word Format.

Applies to
  • Proposed order

Formatting

  • Word Format only
Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
FormattingMandatory

These items shall also be provided in Microsoft Word format by email to Division53@circuit7.org.

FormattingMandatoryCivil cases

These items shall also be provided in Microsoft Word format by email to Division49@circuit7.org.

FormattingMandatoryCivil cases

All exhibits must be pre-marked for identification by letter from A-Z, AA-ZZ, A3-Z3, etc. Exhibits will be assigned a number upon admission into evidence.

FormattingImportant

Proposed orders should not contain law firm information, including internal file numbers, a bar code or other computer-generated code.

Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 5
|SectionIV. Submission of Orders and Judgments
FormattingImportant

Proposed orders should be sequentially numbered on the bottom center of each page with page numbering suppressed on the first page.

Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 5
|SectionIV. Submission of Orders and Judgments
FormattingImportant

The email must be titled as follows… (Hearing Materials – 30-minute hearing November 4, 2025, 11:30am – 2025 CA 000123 – John Smith v. Jane Smith).

FormattingImportantCivil cases

Proposed orders should be sequentially numbered on the bottom center of each page with page numbering suppressed on the first page.

FormattingImportantCivil cases

Proposed orders should not contain law firm information, including internal file numbers, a bar code or other computer-generated code.

Document Filing Requirements62 rules

Filing RequirementsMandatory

Once the hearing time is confirmed by the judicial assistant the party setting the motion for hearing must prepare and file a notice of hearing.

Filing RequirementsMandatory

The Notice of Hearing must include: (a) remote or an in-person (in person only if specifically requested or necessary due to complexity) (b) the docket number (Dkt) and the filing date of the motion to be heard; (c) the amount of time reserved; and (d) the Zoom Meeting ID number.

Filing RequirementsMandatory

An evidentiary hearing shall be identified as such in the Notice of Hearing.

Filing RequirementsMandatory

All Zoom notices must have the zoom link below.

Filing RequirementsMandatory

Above attempts shall be documented in the motion if the conferral attempts proved unsuccessful.

Filing RequirementsMandatory

If the order is agreed too or has no objections, agreed/No Objection MUST be notated in the order.

Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
Filing RequirementsMandatory

Proposed orders must state that copies have been furnished by eService to each named attorney.

Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 5
|SectionIV. Submission of Orders and Judgments
Filing RequirementsMandatory

Upon written motion, which includes the client’s written consent, the court may grant proposed order.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

The motion must attach written consent from the client.

Filing RequirementsMandatory

It must also require the client to register for eService at www.myflcourtaccess.com.

Filing RequirementsMandatory

A motion to cancel a foreclosure sale must be received at least five business days before the sale, state specific reasons, attach supporting documents, and be served on all parties with specified contact efforts and their agreement or objection.

Court's wording

Upon (a) a written motion received by the Court no less than five (5) business days before the scheduled sale date; (b) the motion must contain specific facts setting forth the reasons for the postponement; (c) the motion must have supporting documentation attached (e.g. short sale contract, loan modification information, etc.) and (d) the motion must be served on all parties, specifying all efforts made to contact all parties, and any agreement or objection to the relief sought.

Filing RequirementsMandatory

A Notice of Service must then be filed in the court file to reflect delivery of the order.

Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 5
|SectionIV. Submission of Orders and Judgments
Filing RequirementsMandatory

Upon written motion stating the reasons for withdrawal, the client’s last known address, telephone number with area code, and email address; and notice to all parties and their client.

Filing RequirementsMandatory

A Motion to Compel set for a hearing must detail compliance with this procedure or it will be stricken.

Filing RequirementsMandatory

All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

Filing RequirementsMandatory

Unless there was a complete failure to respond or object, a discovery motion to compel must quote each disputed request and the full allegedly insufficient response or objection and grounds in the motion’s body.

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.

Filing RequirementsMandatory

ONLY under circumstances where persons or property face the threat of imminent harm without court intervention.

Filing RequirementsMandatory

Following the expiration of the period allowed for the response, the movant shall advise the court that the motion is ripe for a decision and submit a proposed order by email to Division53@circuit7.org.

Filing RequirementsMandatory

EMERGENCY HEARINGS: Must be requested with an appropriate motion and emailed to the Judicial Assistant at kasmith@circuit7.org.

Filing RequirementsMandatory

The Notice of Trial must specify whether the trial is by jury or non- jury, and the expected length of the trial.

Filing RequirementsMandatory

The parties shall submit joint juror questionnaire, proposed jury instructions, pretrial statement and verdict form(s) no later than docket sounding.

Filing RequirementsMandatory

MOTIONS IN LIMINE shall be heard prior to docket sounding and shall be limited to case specific anticipated evidentiary issues. Boilerplate motions in limine not addressing case specific anticipated evidentiary issues will not be considered.

Filing RequirementsMandatory

The joint filing must identify any disputed juror questions, proposed instructions, or verdict forms and show the competing versions.

Court's wording

Should parties disagree on certain juror questions, proposed instructions or the verdict form, the parties shall denote the competing question, instruction(s) or verdict form for which there is a disagreement within the joint filing.

Filing RequirementsMandatory

The email must state if there are currently hearings set that should be cancelled.

Filing RequirementsMandatory

If there are any Hearings/Trials set a notice of cancellation of Hearing/Trial MUST be filed with the Notice of Settlement.

Filing RequirementsMandatoryCivil cases

The Notice of Hearing must include: (a) remote or an in-person (in person only if specifically requested or necessary due to complexity) (b) the docket number (Dkt) and the filing date of the motion to be heard; (c) the amount of time reserved; and (d) the Zoom Meeting ID number.

Filing RequirementsMandatoryCivil cases

A hearing may be cross noticed only with permission from the court and by agreement of all parties.

Filing RequirementsMandatoryCivil cases

An evidentiary hearing shall be identified as such in the Notice of Hearing.

Filing RequirementsMandatoryCivil cases

Three attempts at conferral (which includes telephone communication) are required.

Filing RequirementsMandatoryCivil cases

All Zoom notices must have the zoom link below.

Filing RequirementsMandatoryCivil cases

All motions SHALL conform to the conferral requirements of Fla. R. Civ. P. 1.202.

Filing RequirementsMandatoryCivil cases

Above attempts shall be documented in the motion if the conferral attempts proved unsuccessful.

Filing RequirementsMandatoryCivil cases

Do not under any circumstances submit a proposed order simply entitled “Order.”

Div-49-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
Filing RequirementsMandatoryCivil cases

Proposed orders must be circulated among the parties BEFORE submission.

Div-49-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
Filing RequirementsMandatoryCivil cases

If the order is agreed too or has no objections, agreed/No Objection MUST be notated in the order.

Div-49-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
Filing RequirementsMandatoryCivil cases

Motions for Withdrawal of Counsel: Upon written motion stating the reasons for withdrawal, the client’s last known address, telephone number with area code, and email address; and notice to all parties and their client.

Filing RequirementsMandatoryCivil cases

It must also require the client to register for eService at www.myflcourtaccess.com.

Filing RequirementsMandatoryCivil cases

A motion to cancel a foreclosure sale must state specific reasons for postponement and include supporting documentation.

Court's wording

(b) the motion must contain specific facts setting forth the reasons for the postponement; (c) the motion must have supporting documentation attached (e.g. short sale contract, loan modification information, etc.)

Filing RequirementsMandatoryCivil cases

The motion must attach written consent from the client.

Document
Motion to withdraw counsel

Must include

  • Attach written consent from the client
Filing RequirementsMandatoryCivil cases

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.

Filing RequirementsMandatoryCivil cases

A Notice of Service must then be filed in the court file to reflect delivery of the order.

Filing RequirementsMandatoryCivil cases

Proposed orders must state that copies have been furnished by eService to each named attorney.

Filing RequirementsMandatoryCivil cases

Motions for Substitution of Counsel: Upon written motion, which includes the client’s written consent, the court may grant proposed order.

Filing RequirementsMandatoryCivil cases

Unless there was a complete failure to respond or object, a discovery motion to compel must quote each disputed discovery request and the full allegedly insufficient response or objection and its grounds.

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.

Filing RequirementsMandatoryCivil cases

ONLY under circumstances where persons or property face the threat of imminent harm without court intervention.

Filing RequirementsMandatoryCivil cases

Merely attaching the request and alleged deficient response to the motion will not suffice.

Filing RequirementsMandatoryCivil cases

A Motion to Compel set for a hearing must detail compliance with this procedure or it will be stricken.

Filing RequirementsMandatoryCivil cases

Any disputed juror question, proposed instruction, or verdict form must be identified as disputed in the joint filing.

Court's wording

Should parties disagree on certain juror questions, proposed instructions or the verdict form, the parties shall denote the competing question, instruction(s) or verdict form for which there is a disagreement within the joint filing.

Filing RequirementsMandatoryCivil cases

The Notice of Trial must specify whether the trial is by jury or non- jury, and the expected length of the trial.

Filing RequirementsMandatoryCivil cases

MOTIONS IN LIMINE shall be heard prior to docket sounding and shall be limited to case specific anticipated evidentiary issues. Boilerplate motions in limine not addressing case specific anticipated evidentiary issues will not be considered.

Filing RequirementsMandatoryCivil cases

If there are any Hearings/Trials set a notice of cancellation of Hearing/Trial MUST be filed with the Notice of Settlement.

Filing RequirementsMandatoryCivil cases

Settlement: When a case is settled, promptly notify the Judicial Assistant and file a Notice of Settlement.

Filing RequirementsImportant

A hearing may be cross noticed only with permission from the court and by agreement of all parties.

Filing RequirementsImportant

Proposed orders should use a descriptive title identifying the ruling and motion, and must not be titled simply “Order.”

Court's wording

A proposed 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.”

Div-53-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
Filing RequirementsImportant

The Court will not automatically stay an action simply because a party’s counsel has withdrawn.

Filing RequirementsImportant

“Emergency” hearings are rarely granted.

Filing RequirementsImportant

Merely attaching the request and alleged deficient response to the motion will not suffice.

Filing RequirementsImportantCivil cases

A proposed order should be titled “Order [Granting/Denying] [Plaintiff’s/Defendant’s] Motion to _______”.

Div-49-procedures-FSCtemplacecourtprocedures4-15 · Apr 2026 · p. 4
|SectionIV. Submission of Orders and Judgments
Filing RequirementsImportantCivil cases

The email must state if there are currently hearings set that should be cancelled.

Filing RequirementsImportantCivil cases

The email must be titled as follows… (Hearing Materials – 30-minute hearing November 4, 2025, 11:30am – 2025 CA 000123 – John Smith v. Jane Smith).

Filing & Service rules

Electronic Filing Rules

Proposed orders must be emailed to the judicial assistant at Division53@circuit7.org.

All proposed orders shall be emailed to the judicial assistant at Division53@circuit7.org.

Page 4 | IV. Submission of Orders and Judgments

Original foreclosure documents, including the listed documents, must be sent directly to the Clerk’s Office.

Foreclosure Proceedings/Original Documents: (including affidavits, notes and mortgages, default letters, allonges, and assignments) must be SENT DIRECTLY TO THE CLERKS OFFICE.

Page 5 | IV. Submission of Orders and Judgments

Proposed substitution-of-counsel orders must be submitted through the E-Portal.

Proposed orders need to be submitted through E-Portal.

Page 5 | E. EX PARTE Orders

Proposed foreclosure final judgments must be submitted by email to Division53@circuit7.org.

All proposed Foreclosure Final Judgments must be submitted by email to Division53@circuit7.org.

Page 5 | IV. Submission of Orders and Judgments

The proposed order following a discovery motion to compel must be emailed to Division53@circuit7.org.

Following the expiration of the period allowed for the response, the movant shall advise the court that the motion is ripe for a decision and submit a proposed order by email to Division53@circuit7.org.

Page 6 | IV. Discovery Disputes

Hearing materials and case law must be emailed to the specified address 48 hours before the hearing; paper copies will not be accepted.

ALL Hearing Materials/Case Law MUST be emailed to Division53@circuit7.org. NO earlier/later than 48 Hours prior to the Hearing. The court will not accept paper copies.

Page 9 | Hearing Materials/Case Law

All proposed orders must be e-filed through E-Portal into an existing case.

All proposed orders shall be E-FILED through E-Portal under filing into an existing case.

Civil cases

Page 4 | IV. Submission of Orders and Judgments

Proposed orders for substitution of counsel must be submitted through E-Portal.

Proposed orders need to be submitted through E-Portal.

Civil cases

Page 5 | EX PARTE Orders

Original documents in foreclosure proceedings, including the listed documents, must be sent directly to the clerk’s office.

Foreclosure Proceedings/Original Documents: (including affidavits, notes and mortgages, default letters, allonges, and assignments) must be SENT DIRECTLY TO THE CLERKS OFFICE.

Civil cases

Page 5 | Foreclosure Proceedings/Original Documents

Proposed foreclosure final judgments must be submitted through E-Portal.

All proposed Foreclosure Final Judgments must be submitted through E-Portal.

Civil cases

Page 5 | Foreclosure Proceedings/Original Documents

After the response period expires, the movant must advise the court that the motion is ripe and submit a proposed order through E-Portal.

Following the expiration of the period allowed for the response, the movant shall advise the court that the motion is ripe for a decision and submit a proposed order through E-Portal.

Civil cases

Page 6 | IV. DISCOVERY DISPUTES

Paper copies of exhibits must be hand-delivered to the clerk’s office before the scheduled trial or hearing.

Paper copies MUST be hand delivered to the clerk’s office PRIOR to the scheduled Trial/Hearing.

Civil cases

Page 8 | IX: Other Division Procedures

All hearing materials and case law must be emailed to Division49@circuit7.org no earlier or later than 48 hours before the hearing; paper copies will not be accepted.

Hearing Materials/Case Law: ALL Hearing Materials/Case Law MUST be emailed to Division49@circuit7.org. NO earlier/later than 48 Hours prior to the Hearing. The court will not accept paper copies.

Civil cases

Page 9 | Hearing Materials/Case Law

Filing Timing and Cure Windows

Proposed foreclosure final judgments must be submitted no more than three days after the hearing, unless otherwise directed by the court.

They must be Submitted NO more than 3 days AFTER hearing or by Courts direction.

Page 5 | IV. Submission of Orders and Judgments

A proposed order will not be accepted before its scheduled hearing or trial.

NO proposed order will be accepted prior to any Hearing/Trial scheduled.

Page 5 | IV. Submission of Orders and Judgments

A motion to cancel a foreclosure sale must be received at least five business days before the scheduled sale date.

Upon (a) a written motion received by the Court no less than five (5) business days before the scheduled sale date;

Page 5 | E. EX PARTE Orders

Proposed orders are due within seven days after a hearing unless the court directs otherwise during the hearing.

Proposed orders must be submitted no later than seven (7) days after any hearing unless otherwise directed by the court during the hearing.

Page 5 | IV. Submission of Orders and Judgments

A foreclosure hearing will not proceed unless the original documents are filed with the clerk by the hearing date.

No hearing shall go forward if the original documents are not filed with the clerk by the date of the hearing.

Page 5 | IV. Submission of Orders and Judgments

The opposing party has 15 days from service of the motion to compel and notice to file a written response to both.

The opposing party shall have fifteen (15) days from service of the Motion to Compel and Notice of Request to file a written response to the motion and notice.

Page 6 | IV. Discovery Disputes

ALL Hearing Materials/Case Law MUST be emailed to Division53@circuit7.org. NO earlier/later than 48 Hours prior to the Hearing.

ALL Hearing Materials/Case Law MUST be emailed to Division53@circuit7.org. NO earlier/later than 48 Hours prior to the Hearing.

Page 9 | Hearing Materials/Case Law

A hearing notice must be filed within three days after the judicial assistant confirms the hearing time, or the time may be offered to other parties.

If the hearing notice is not filed within 3 days of confirmation by the judicial assistant, the hearing time will be offered to other parties for other cases.

Civil cases

Page 2 | II. Scheduling Procedures

A written motion to cancel a foreclosure sale must be received by the court at least five business days before the scheduled sale.

Motions to Cancel Foreclosure Sales: Upon (a) a written motion received by the Court no less than five (5) business days before the scheduled sale date;

Civil cases

Page 5 | EX PARTE Orders

A hearing will not proceed unless the original documents are filed with the clerk by the hearing date.

No hearing shall go forward if the original documents are not filed with the clerk by the date of the hearing.

Civil cases

Page 5 | Foreclosure Proceedings/Original Documents

Submit proposed orders within seven days after a hearing unless the court directs otherwise during the hearing.

Proposed orders must be submitted no later than seven (7) days after any hearing unless otherwise directed by the court during the hearing.

Civil cases

Page 5 | Submission of Orders and Judgments

Submit proposed foreclosure final judgments no more than three days after the hearing, or as directed by the court.

They must be Submitted NO more than 3 days AFTER hearing or by Courts direction.

Civil cases

Page 5 | Foreclosure Proceedings/Original Documents

The court will not accept a proposed order before a scheduled hearing or trial.

NO proposed order will be accepted prior to any Hearing/Trial scheduled.

Civil cases

Page 5 | Submission of Orders and Judgments

The opposing party has fifteen days from service of the motion to compel and notice of request to file a written response to both.

The opposing party shall have fifteen (15) days from service of the Motion to Compel and Notice of Request to file a written response to the motion and notice.

Civil cases

Page 6 | IV. DISCOVERY DISPUTES

The parties must jointly submit the juror questionnaire, proposed jury instructions, pretrial statement, and verdict forms by docket sounding.

The parties shall submit joint juror questionnaire, proposed jury instructions, pretrial statement and verdict form(s) no later than docket sounding.

Civil cases

Page 7 | VIII. TRIAL PROCEDURES

Motions in limine must be heard before docket sounding.

MOTIONS IN LIMINE shall be heard prior to docket sounding

Civil cases

Page 8 | VIII. TRIAL PROCEDURES

Hearing materials and case law must be sent 48 hours before the hearing, with no earlier or later submission permitted.

Hearing Materials/Case Law: ALL Hearing Materials/Case Law MUST be emailed to Division49@circuit7.org. NO earlier/later than 48 Hours prior to the Hearing.

Civil cases

Page 9 | Hearing Materials/Case Law

If the notice of hearing is not filed within three days after confirmation, the hearing time may be offered to other parties.

If the hearing notice is not filed within 3 days of confirmation by the judicial assistant, the hearing time will be offered to other parties for other cases.

Page 2 | II. Scheduling Procedures

After settlement, the parties have 30 days to execute settlement documents and dismiss the case, and the Court may extend that period for good cause.

The parties have thirty (30) days to execute settlement documents and dismiss the case, although the Court may extend that time upon good cause shown.

Page 9 | Settlement

The parties have 30 days to execute settlement documents and dismiss the case; the Court may extend the period for good cause and will issue an Order to Show Cause if no good cause is shown for failing to dismiss within that period.

The parties have thirty (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, the Court will issue an Order to Show Cause for failure to file Dismissal.

Civil cases

Page 9 | Settlement

Service and Proof of Service Rules

Attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal unless excused.

All attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal, unless excused.

Page 1 | I. Communication with the Judicial Office

The moving party must deliver the signed order to any pro se or eService-excused litigant and then file a Notice of Service reflecting delivery.

The moving party must mail or otherwise deliver copies of the signed order to any pro se litigant or other litigant who has been excused from eService. A Notice of Service must then be filed in the court file to reflect delivery of the order.

Page 4 | IV. Submission of Orders and Judgments

Proposed orders must be circulated among the parties before submission.

Proposed orders must be circulated among the parties BEFORE submission.

Page 4 | IV. Submission of Orders and Judgments

Moving counsel must mail or otherwise deliver the signed order to litigants 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 | IV. Submission of Orders and Judgments

A motion to cancel a foreclosure sale must be served on all parties.

the motion must be served on all parties

Page 6 | E. EX PARTE Orders

For non-jury trials and evidentiary hearings, parties must exchange exhibits and an index at least three business days beforehand, except for qualifying documents already filed in the court file; failure to copy a party may be grounds to deny an exhibit.

The parties shall exchange copies of all exhibits and index at least three (3) business days in advance of the hearing/trial. Failure to copy a party with a proposed exhibit may be grounds to deny the exhibit as evidence. The parties are not required to exchange exhibits if the exhibits are documents previously filed into the court file and in compliance with the Florida Rules of Civil Procedure.

Page 8 | IX: Other Division Procedures

Attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal unless excused.

All attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal, unless excused.

Civil cases

Page 1 | I. Communication with the Judicial Office

A Notice of Service reflecting delivery of the order must be filed in the court file.

A Notice of Service must then be filed in the court file to reflect delivery of the order.

Civil cases

Page 4 | IV. Submission of Orders and Judgments

The moving party must mail or otherwise deliver the signed order to any pro se litigant or other litigant excused from eService.

The moving party must mail or otherwise deliver copies of the signed order to any pro se litigant or other litigant who has been excused from eService.

Civil cases

Page 4 | IV. Submission of Orders and Judgments

Moving counsel must mail or otherwise deliver the signed order to self-represented litigants and other litigants 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.

Civil cases

Page 5 | Submission of Orders and Judgments

A motion to cancel a foreclosure sale must be served on all parties and specify efforts to contact them and any agreement or objection to the requested relief.

(d) the motion must be served on all parties, specifying all efforts made to contact all parties, and any agreement or objection to the relief sought.

Civil cases

Page 6 | EX PARTE Orders

An exhibit intended as a demonstrative aid or for use during witness testimony must be shown to opposing counsel before it is tendered.

Any exhibit to be used as a demonstrative aid or during witness testimony shall be shown to opposing counsel before being tendered.

Civil cases

Page 8 | VIII. TRIAL PROCEDURES

For non-jury trials and evidentiary hearings, parties must exchange exhibits and an index at least three business days beforehand, except for qualifying documents already filed in the court file; failure to copy a party may be grounds to deny an exhibit.

The parties shall exchange copies of all exhibits and index at least three (3) business days in advance of the hearing/trial. Failure to copy a party with a proposed exhibit may be grounds to deny the exhibit as evidence. The parties are not required to exchange exhibits if the exhibits are documents previously filed into the court file and in compliance with the Florida Rules of Civil Procedure.

Civil cases

Page 8 | IX: Other Division Procedures

Courtesy Copy Requirements

A courtesy notice of hearing must be emailed to the judicial assistant at the specified address.

A courtesy Notice of Hearing must be provided to the judicial assistant by email to Division53@circuit7.org.

Page 2 | II. Scheduling Procedures

A cross notice of hearing must also be provided to the judicial assistant.

The Cross Notice of Hearing must also be provided to the judicial assistant.

Page 2 | II. Scheduling Procedures

A courtesy copy of the Notice of Voluntary Dismissal must be emailed to the judicial assistant upon filing.

Upon filing the Notice of Voluntary Dismissal, a courtesy copy must be emailed to the judicial assistant.

Page 9 | Notice of Voluntary Dismissal

Upon filing a Notice of Voluntary Dismissal, email a courtesy copy to the judicial assistant.

Upon filing the Notice of Voluntary Dismissal, a courtesy copy must be emailed to the judicial assistant.

Civil cases

Page 9 | Notice of Voluntary Dismissal

Pre-Motion Conference Requirements

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.

Page 3

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.

Page 5 | E. EX PARTE Orders

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.

Page 5 | E. EX PARTE Orders

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.

Civil cases

Page 5 | EX PARTE Orders

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.

Civil cases

Page 5 | EX PARTE Orders

Adjournment & Extension Requirements

The Court may extend the 30-day period for executing settlement documents and dismissing the case upon a showing of good cause.

The parties have thirty (30) days to execute settlement documents and dismiss the case, although the Court may extend that time upon good cause shown.

Page 9 | Settlement

Chambers Communication Rules

Emails to the judicial assistant must identify the county, case number, case name, and relevant matter in the subject line.

The subject line of any email to the judicial assistant must contain the county, case number, case name, and relevant matter.

Page 1 | I. Communication with the Judicial Office

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.

Page 1 | I. Communication with the Judicial Office

All communications with judicial chambers must be sent by email to kasmith@circuit7.org.

All communications with the judicial chambers must be submitted by email to kasmith@circuit7.org.

Page 1 | I. Communication with the Judicial Office

A person excused from email service must communicate with judicial chambers by telephone at the stated number.

Communication with the judicial chambers shall be by telephone to (386) 313-4530 only if excused from email service.

Page 1 | I. Communication with the Judicial Office

Hearing requests must be emailed to the judicial assistant with opposing counsel and any self-represented litigant copied.

All Hearings must be requested for scheduling through the judicial assistant by an email copying opposing counsel and any self-represented litigant to kasmith@circuit7.org.

Page 2 | II. Scheduling Procedures

After hearing dates are provided, the parties must coordinate a time and email the selected time to the judicial assistant.

Once hearing dates are provided by the judicial assistant, the parties shall coordinate the hearing time and advise the judicial assistant by email of the hearing time selected.

Page 2 | II. Scheduling Procedures

Competing orders are not accepted; if the parties cannot agree, they must set a hearing and email the judicial assistant about the impasse to request hearing time.

Competing Orders will NOT be accepted. If no agreement can be reached a hearing MUST be set. The parties MUST email the JA and advise of the impasse and request hearing time on the matter.

Page 4 | IV. Submission of Orders and Judgments

Emergency hearing requests must be emailed to the Judicial Assistant at kasmith@circuit7.org.

EMERGENCY HEARINGS: Must be requested with an appropriate motion and emailed to the Judicial Assistant at kasmith@circuit7.org.

Page 6 | F. EMERGENCY HEARINGS

After filing a Notice for Trial, a copy of the file-stamped notice must be emailed to Division53@circuit7.org.

A Notice for Trial must be filed and a copy of a file-stamped Notice for Trial to Division53@circuit7.org.

Page 7 | VI. Setting Case for Trial

The joint pretrial items must also be emailed in Microsoft Word format to Division53@circuit7.org.

These items shall also be provided in Microsoft Word format by email to Division53@circuit7.org.

Page 8 | VIII. TRIAL PROCEDURES

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 | I. Communication with the Judicial Office

All communications with judicial chambers must be submitted by email to the listed address.

All communications with the judicial chambers must be submitted by email to kasmith@circuit7.org.

Civil cases

Page 1 | I. Communication with the Judicial Office

A courtesy Notice of Hearing must be emailed to the judicial assistant at the listed address.

A courtesy Notice of Hearing must be provided to the judicial assistant by email to Division49@circuit7.org.

Civil cases

Page 2 | II. Scheduling Procedures

Hearing requests must be emailed to the judicial assistant, copying opposing counsel and any self-represented litigant.

All Hearings must be requested for scheduling through the judicial assistant by an email copying opposing counsel and any self-represented litigant to kasmith@circuit7.org.

Civil cases

Page 2 | II. Scheduling Procedures

A request to appear in person at a hearing designated as remote requires five days’ advance notice to judicial chambers.

Any request to appear in person for a hearing designed as remote in the Notice of Hearing requires five (5) days advance notice to judicial chambers.

Civil cases

Page 3 | III. In Person and Remote Appearance

If the parties reach an impasse over competing orders, they must email the judicial assistant, advise of the impasse, and request a hearing time.

The parties MUST email the JA and advise of the impasse and request hearing time on the matter.

Civil cases

Page 4 | IV. Submission of Orders and Judgments

Request an emergency hearing by filing an appropriate motion and emailing the Judicial Assistant.

EMERGENCY HEARINGS: Must be requested with an appropriate motion and emailed to the Judicial Assistant at kasmith@circuit7.org.

Civil cases

Page 6 | EMERGENCY HEARINGS

A Notice for Trial must be filed, and a file-stamped copy must be emailed to the listed division address.

A Notice for Trial must be filed and a copy of a file-stamped Notice for Trial to Division49@circuit7.org.

Civil cases

Page 7 | VI. Setting Case for Trial

An appointment is required to submit exhibits, and the Clerk must be contacted seven days in advance to schedule it.

The Clerk REQUIRES an appointment to submit Exhibits. You MUST contact the Clerk 7 Days in advance to schedule an appointment.

Civil cases

Page 8 | IX: Other Division Procedures

The items must also be provided by email to Division49@circuit7.org in Microsoft Word format.

These items shall also be provided in Microsoft Word format by email to Division49@circuit7.org.

Civil cases

Page 8 | VIII. TRIAL PROCEDURES

The judicial chambers phone number cannot receive text messages.

The phone number to judicial chambers does not accept text messages.

Page 1 | I. Communication with the Judicial Office

The alternate contact may be contacted only for emergencies.

Please DO NOT contact the alternate contact with ANYTHING other than emergencies.

Page 2 | I. Communication with the Judicial Office

A person excused from email service may communicate with judicial chambers by telephone at the listed number.

Communication with the judicial chambers shall be by telephone to (386) 313-4530 only if excused from email service.

Civil cases

Page 1 | I. Communication 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 | I. Communication with the Judicial Office

Emails to the judicial assistant must include the county, case number, case name, and relevant matter in the subject line.

The subject line of any email to the judicial assistant MUST contain the county, case number, case name, and relevant matter.

Civil cases

Page 1 | I. Communication with the Judicial Office

The Cross Notice of Hearing must also be provided to the judicial assistant.

The Cross Notice of Hearing must also be provided to the judicial assistant.

Civil cases

Page 2 | II. Scheduling Procedures

After the judicial assistant provides hearing dates, the parties must coordinate a time and email the selected time to the assistant.

Once hearing dates are provided by the judicial assistant, the parties shall coordinate the hearing time and advise the judicial assistant by email of the hearing time selected.

Civil cases

Page 2 | II. Scheduling Procedures

If the Court agrees a CMC or status conference is required, the moving party may schedule it by emailing the judicial assistant.

If the Court agrees that a CMC or status conference is required, the moving party may schedule the CMC or status conference through the judicial assistant by email.

Civil cases

Page 7 | Scheduling

Request an ADA accommodation from the ADA coordinator at least seven days before the court appearance, or immediately upon receiving notice if fewer than seven days remain.

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 seven (7) days before your scheduled court appearance, or immediately upon receiving the notification if the time before the appearance is less than seven (7) days.

Civil cases

Page 9 | ADA Accommodations

The judicial assistant strives to provide a substantive response to inquiries within one business day.

The judicial assistant receives voluminous emails and phone calls daily and strives to substantively respond to all inquiries within one (1) business day

Page 1 | I. Communication with the Judicial Office

Hearings are scheduled on Tuesdays and Thursdays during non-trial weeks.

Hearings are scheduled Tuesday’s and Thursday’s during non-trial weeks.

Page 2 | II. Scheduling Procedures

Hearing requests and other non-emergency issues will be handled when the judicial assistant returns.

ALL requests for hearings and other non-emergency issues will be handled upon the Judicial Assistants’ return.

Page 2 | I. Communication with the Judicial Office

Trials generally begin the third week of each month and are scheduled for two weeks, except in November and December, when the trial period is one week.

Trials are scheduled for Division 53 beginning the third week of the month for a two-week trial period, except for November and December, which have a one-week trial period.

Page 2 | II. Scheduling Procedures

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.

Page 6 | F. EMERGENCY HEARINGS

Send interpreter requests to Interpreter@circuit7.org.

Interpreter Requests: Any requests for an interpreter should be sent to Interpreter@circuit7.org.

Civil cases

Page 9 | Interpreter Requests

Court-wide rules

Applies court-wide

These 10 rules apply across Seventh Judicial Circuit of Florida, Volusia, Flagler, Putnam, St. Johns. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Service

All 7
  • A motion regarding parenting issues must be served on the other parent according to the applicable procedural rules.

  • Self-represented parties must simultaneously send copies of pleadings to the other self-represented party or the other party's lawyer.

  • Self-represented parties must immediately notify the Clerk and all other lawyers or parties in writing of changes to their mailing address, telephone number, or email address.

Adjournments

All 1
  • Judges must apply firm continuance policies and allow continuances only for good cause.

Pre-Motion Conferences

All 1
  • Before filing a motion, the parties must discuss its issues by email, phone, or text unless discussion would threaten the children's safety.

E-Filing

All 1
  • Self-represented parties must file pleadings with the Clerk in person or through the Florida Courts E-Filing Portal.

About Judge Sandra C. Upchurch
  • Elected to the bench in 2014.
  • Assigned to Divisions 49 and 53, Circuit Civil.
  • Undergraduate degree from Boston College.
  • Juris Doctor from Stetson University College of Law.
  • Admitted to The Florida Bar in 1994.
  • Worked in private practice as a certified mediator.
  • Served in the Florida Office of the Attorney General.
  • Served in the City Attorney’s Offices for Ormond Beach and Tallahassee.
  • Currently hears civil cases at the Kim C. Hammond Justice Center in Bunnell and the Putnam County Courthouse in Palatka.
  • Address: 1769 E. Moody Blvd., Bldg. 1, Bunnell, FL 32110
  • Phone or fax: (386) 313-4530
  • Phone or fax: (386) 437-7364
  • Judicial assistant: Katie Smith
  • Email (judicial assistant): kasmith@circuit7.org
Common questions about Judge Sandra C. Upchurch's rules

Are courtesy copies required for Judge Sandra C. Upchurch?

Courtesy-copy rule applies for notice of hearings. Details: by email. A courtesy notice of hearing must be emailed to the judicial assistant at the specified address.

View ruleSource: page 2, section II. Scheduling Procedures

Does Judge Sandra C. Upchurch require a pre-motion conference or letter before filing a motion?

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

View ruleSource: page 3

What formatting rules apply to filings before Judge Sandra C. Upchurch?

Judge Sandra C. Upchurch's formatting rule includes provide the items in microsoft word format by email to division53@circuit7.org.. The joint pretrial items must also be emailed in Microsoft Word format to Division53@circuit7.org.

View ruleSource: page 8, section VIII. TRIAL PROCEDURES

What must be included with notice of hearing filings before Judge Sandra C. Upchurch?

A notice of hearing must specify whether it is remote or in person, the motion’s docket number and filing date, reserved time, and Zoom Meeting ID; an in-person hearing is available only if specifically requested or necessary due to complexity.

View ruleSource: page 2, section II. Scheduling Procedures

What must be included with motion filings before Judge Sandra C. Upchurch?

If conferral attempts are unsuccessful, the attempts must be documented in the motion.

View ruleSource: page 3

How may parties contact Judge Sandra C. Upchurch's chambers?

The rule lists email kasmith@circuit7.org. All communications with judicial chambers must be sent by email to kasmith@circuit7.org.

View ruleSource: page 1, section I. Communication with the Judicial Office

How do I request an adjournment or extension before Judge Sandra C. Upchurch?

The Court may extend the 30-day period for executing settlement documents and dismissing the case upon a showing of good cause.

View ruleSource: page 9, section Settlement

Is electronic filing required before Judge Sandra C. Upchurch?

Yes. Electronic filing is required for the covered filings. Proposed orders must be emailed to the judicial assistant at Division53@circuit7.org.

View ruleSource: page 4, section IV. Submission of Orders and Judgments

What filing deadlines does Judge Sandra C. Upchurch set?

A foreclosure hearing will not proceed unless the original documents are filed with the clerk by the hearing date.

View ruleSource: page 5, section IV. Submission of Orders and Judgments

What rule applies to e-service before Judge Sandra C. Upchurch?

Details: method: e-service. Attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal unless excused.

View ruleSource: page 1, section I. Communication with the Judicial Office
Complete rules summary for Judge Sandra C. Upchurch

The joint pretrial items must also be emailed in Microsoft Word format to Division53@circuit7.org.

Trials generally begin the third week of each month and are scheduled for two weeks, except in November and December, when the trial period is one week.

All communications with judicial chambers must be sent by email to kasmith@circuit7.org.

Emails to the judicial assistant must identify the county, case number, case name, and relevant matter in the subject line.

Emails to the judicial office must copy all parties unless the communication is authorized ex parte by law.

Attorneys and self-represented litigants must make and receive service by email through the Florida Courts E-Filing Portal unless excused.

The judicial chambers phone number cannot receive text messages.

A notice of hearing must specify whether it is remote or in person, the motion’s docket number and filing date, reserved time, and Zoom Meeting ID; an in-person hearing is available only if specifically requested or necessary due to complexity.

The judicial assistant strives to provide a substantive response to inquiries within one business day.

The alternate contact may be contacted only for emergencies.

Hearing requests and other non-emergency issues will be handled when the judicial assistant returns.

A courtesy notice of hearing must be emailed to the judicial assistant at the specified address.

If the notice of hearing is not filed within three days after confirmation, the hearing time may be offered to other parties.

Hearing requests must be emailed to the judicial assistant with opposing counsel and any self-represented litigant copied.

After hearing dates are provided, the parties must coordinate a time and email the selected time to the judicial assistant.

After the judicial assistant confirms the hearing time, the party setting the motion must prepare and file a notice of hearing.

A notice of hearing must identify the hearing as evidentiary when it is an evidentiary hearing.

A hearing may be cross noticed only with court permission and the agreement of all parties.

A cross notice of hearing must also be provided to the judicial assistant.

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

If conferral attempts are unsuccessful, the attempts must be documented in the motion.

Every Zoom notice must include the Zoom link provided by the Court.

The court rarely grants emergency hearings.

Proposed orders must be emailed to the judicial assistant at Division53@circuit7.org.

Proposed orders must be submitted only in Word format.

Competing orders are not accepted; if the parties cannot agree, they must set a hearing and email the judicial assistant about the impasse to request hearing time.

Proposed orders must be circulated among the parties before submission.

The moving party must deliver the signed order to any pro se or eService-excused litigant and then file a Notice of Service reflecting delivery.

Proposed orders should use a descriptive title identifying the ruling and motion, and must not be titled simply “Order.”

If an order is agreed or has no objections, the order must be marked “agreed/No Objection.”

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