Judge Colleen O'Brien
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings < 50 pages
- Hand Delivery
Remote Appearance Motion
Extraordinary Writ Petition
Court-wide- Immediately Upon Filing
Financial Affidavit, Exhibits
Court-wide
Adjournments
- Continuances are disfavored and are granted only when good cause is shown.
Request must include
- A continuance request must be submitted at least five days before the scheduled court date.
Communication
Chambers, Clerk
Phone
Chambers
Phone
Clerk
Document Format Requirements5 rules
Competing orders should be submitted in Word format to the division email civdivr@fljud13.org with the words “Competing Proposed Order” in the subject line.
- File type
- Word
- Competing order
All proposed orders must be submitted in PDF format.
- File type
- Proposed order
Audio/video files must be submitted on a disc or thumb drive.
Exhibits must be submitted to the Clerk of Court in paper format unless the exhibit is an audio/video file.
- File type
- Paper
- Exhibits
Formatting
- •Paper format is not required for audio/video exhibits
Format: The materials may be submitted in PDF format.
- File type
- Case law materials
Document Filing Requirements20 rules
A notice of hearing involving any remote appearance must list the judicial Zoom credentials.
- Document
- Notice of hearing
Must include
- •List the judicial Zoom credentials
When preparing the notice of hearing, always include the filing date and document index number of the motion being heard.
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Notice of Hearing: A notice of hearing must be filed and served immediately after reserving hearing time.
Cross-noticing hearing(s) is prohibited. If the parties agree to add certain motion(s) to a hearing and the additional motion(s) will not exceed the time already allotted, the party should file an amended notice of hearing after clearing the addition with the judicial assistant.
Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Requests to use communication technology for an appearance must be made by motion, if the hearing is noticed to be in person.
Except in rare circumstatances, agreed orders that are not preceded by a motion or stipulation will be rejected.
If a party is requesting a remote appearance for a scheduled, in person hearing, a written motion must be filed and a courtesy copy must be sent to civdivr@fljud13.org.
All proposed orders must be accompanied by a cover letter certifying that all parties agree to the order.
A remote-appearance motion must show good cause and state whether the opposing party objects; failure to obtain a response is not an acceptable substitute.
Court's wording
The motion must show good cause from the party requesting the remote appearance. The motion must also include whether the opposing party has an objection. A statement that counsel/self represented litigant has not heard back from the opposing party is unacceptable.
The first paragraph of the order must state that the parties agree to the relief afforded by the court, and it must identify the stipulation or motion providing the basis for the relief.
Motions to compel discovery must comply with the good-faith conference certification requirements of Rule 1.380. Motions that do not comply will be denied.
- Document
- Discovery motion
Must include
- •Certificate of conference
The party introducing any digital evidence must make arrangements for the evidence to be shown in court during the trial/hearing.
Exhibits must be labeled in the following format: “Petitioner/Plaintiff 1” or “Respondent/Defendant 1.”
Attendance at the Pre-Trial Conference in person is mandatory.
Proposed orders on agreed relief or relief sought jointly by the parties should begin with “Agreed Order” in the caption.
- Document
- Agreed order
- Placement
- Caption
It is not sufficient to state that the proposing party has not heard back from the other party(s), unless 5 days have elapsed without a response.
Competing orders should be submitted in Word format to the division email civdivr@fljud13.org with the words “Competing Proposed Order” in the subject line.
The email may briefly describe why the party’s proposed form is correct, but additional legal argument is prohibited.
Filing & Service rules
Electronic Filing Rules
Agreed proposed orders and orders unopposed within five days must be submitted through the E-Filing Portal.
E-Filing Portal (for all agreed upon proposed orders or orders not objected to within 5 days).
Page 6 | D. Submission of Orders and Judgments
Competing orders or opposed orders should not be uploaded via the E-Portal.
Competing orders or opposed orders should not be uploaded via the E-Portal.
Page 5 | D. Submission of Orders and Judgments
Competing orders should be submitted in Word format to the division email civdivr@fljud13.org with the words “Competing Proposed Order” in the subject line.
Competing orders should be submitted in Word format to the division email civdivr@fljud13.org with the words “Competing Proposed Order” in the subject line.
Page 5 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
A unilateral hearing notice requires at least 45 days' notice, a lack of cooperation, and a detailed description of efforts to agree on the hearing date; a single letter, email, or ultimatum is insufficient.
Unilateral notices of hearing may be set with a minimum of 45 days notice and only due to a lack of cooperation. The notice of hearing must describe, in detail, the efforts made to reach an agreement on the hearing date. A single letter, email or ultimatum is insufficient. Unilaterally set hearings that do not describe efforts to agree on a hearing date may be cancelled by the court without notice.
Page 3 | B. Scheduling Procedures
All hearing materials must be received by the court no later than five days before the hearing; later materials will not be considered.
Submission Deadlines: The court must receive all materials for the hearing no later than five days before the hearing. Materials received after this deadline will not be considered.
Page 3 | B. Scheduling Procedures
The party responsible for a proposed order must consult all parties within five days after the hearing and make a genuine effort to agree on its language.
The party charged with submitting the order must consult with all parties within 5 days of the hearing and make a genuine effort to agree on the language of the proposed order.
Page 6 | D. Submission of Orders and Judgments
A proposed order must be submitted within 14 days after the hearing.
Proposed orders must be submitted within 14 days after any hearing.
Page 6 | D. Submission of Orders and Judgments
Evidentiary-hearing exhibits may be delivered by hand three days before the hearing.
or delivered by hand 3 days before the hearing.
Page 7 | G. Exhibits for Evidentiary Proceedings
All exhibits must be received in chambers three days before the evidentiary proceeding.
All exhibits must be received in chambers three days before the evidentiary proceeding.
Page 7 | G. Exhibits for Evidentiary Proceedings
For evidentiary hearing exhibits, all documents the parties want the Court to consider, must be filed with the Clerk of Court and mailed to the Judge’s chambers 7 days before the hearing,
For evidentiary hearing exhibits, all documents the parties want the Court to consider, must be filed with the Clerk of Court and mailed to the Judge’s chambers 7 days before the hearing,
Page 7 | G. Exhibits for Evidentiary Proceedings
Courtesy materials must reach the court no later than five days before an evidentiary proceeding.
Courtesy copies must be delivered to the Court no later than five days before any evidentiary proceeding.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Failure to submit a proposed order on time may result in denial of the motion without prejudice or a rehearing.
Failure to timely submit a proposed order may result in a denial of the motion without prejudice or a rehearing.
Page 6 | D. Submission of Orders and Judgments
The court will consider any materials submitted no later than 5 days before any evidentiary proceeding.
The court will consider any materials submitted no later than 5 days before any evidentiary proceeding.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Service and Proof of Service Rules
Identical copies of highlighted hearing materials must be provided to all other parties before the hearing.
If the materials submitted to the court have any highlighting, identical copies must be provided to all other parties in advance of the hearing.
Page 3 | B. Scheduling Procedures
The requesting attorney or self-represented litigant must immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
Counsel/Self represented litigant must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
Page 4 | B. Scheduling Procedures
If submitted materials contain highlighting, identical copies must be provided to every other party before the hearing.
If the matierals submitted to the court has any highlighting, identical copies must be provided to all other parties in advance of the hearing.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Courtesy Copy Requirements
One courtesy copy of a remote-appearance motion must be sent by email to civdivr@fljud13.org.
If a party is requesting a remote appearance for a scheduled, in person hearing, a written motion must be filed and a courtesy copy must be sent to civdivr@fljud13.org.
Page 5 | C. Remote Appearance
Courtesy materials fewer than 50 pages may be hand-delivered, mailed, or emailed to the court.
The materials may be hand delivered, mailed or emailed to the court if the materials are less than 50 pages.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies of case law are not required, but the court will consider materials timely submitted at least five days before an evidentiary proceeding.
Not Required: Courtesy copies of case law is not required but the court will consider any materials submitted no later than 5 days before any evidentiary proceeding.
Page 6 | E. Courtesy Copies of Case Law and Other Documents
Pre-Motion Conference Requirements
The Court expects parties to undertake true, good-faith efforts to resolve discovery disputes before filing a motion to compel.
The Court expects parties to undertake true, good-faith efforts to resolve discovery disputes before filing a motion to compel.
Page 6 | D. Submission of Orders and Judgments
Adjournment & Extension Requirements
A continuance request must be submitted at least five days before the scheduled court date.
A request for continuance must be submitted at least five days prior to the scheduled court date.
Page 4 | B. Scheduling Procedures
Continuances are disfavored and are granted only when good cause is shown.
Continuances are disfavored and will be granted only upon good cause shown.
Page 3 | B. Scheduling Procedures
Chambers Communication Rules
UMC and hearings of 15 minutes or less must be scheduled through JAWS, with email to the judicial office as the fallback when no date and time can be identified; the scheduling email must copy opposing counsel and any self-represented litigant.
UMC Hearings and 15-minute hearings or less must be scheduled using the court’s online scheduling platform. If parties are unable to identify a hearing date and time on JAWS, the scheduling party should e-mail the judicial office, copying opposing counsel and any self-represented litigant, to coordinate the scheduling of the hearing.
Page 2 | B. Scheduling Procedures
All hearings longer than 15 minutes must be scheduled by email to the judicial office.
ALL HEARINGS LONGER THAN 15 MINUTES MUST BE SCHEDULED VIA EMAIL (CIVDIVR@FLJUD13.ORG).
Page 2 | B. Scheduling Procedures
Emergency requests must be made by telephone and followed by an email identifying the request as an emergency.
If the matter is an emergency, call the office and follow up with an email, noting that the request is an emergency.
Page 2 | A. Communications with the Judicial Office
When a hearing is cancelled on the day it is scheduled, the party must also telephone the judicial assistant.
If the hearing is cancelled the same day it is scheduled to be heard, the party must also call the judicial assistant.
Page 4 | B. Scheduling Procedures
Parties must immediately notify the judicial assistant by email at civdivr@fljud13.org to cancel a hearing.
Parties must cancel hearings by notifying the judicial assistant immediately by emailing civdivr@fljud13.org.
Page 4 | B. Scheduling Procedures
The moving party may schedule a case-management or status conference through the UMC docket or by emailing the judicial assistant.
The moving party may schedule the CMC or status conference through the online scheduling platform (UMC docket) or contact the judicial assistant via email at civdivr@fljud13.org.
Page 7 | H. Pretrial Procedures and Conferences
Parties may request a trial-setting hearing by email or UMC docket, or stipulate to a trial date by submitting a stipulated order.
The parties should email the judicial assistant requesting a hearing to set a trial date or set the case on a UMC docket; or the parties may stipulate to a trial date and submit a stipulated order setting the case for trial.
Page 8 | I. Setting Case for Trial
Communications to the judicial office are preferably submitted by email, and all requests for court dates must be made by email.
Communications to the judicial office are preferred to be submitted by e-mail to civdivr@fljud13.org. All court dates must be requested via email.
Page 1 | A. Communications with the Judicial Office