Thirteenth Judicial Circuit of Florida, Hillsborough County Pre-Motion Conference Requirements

CRITICALCivil cases

Good-faith consultation is required for nondispositive motions and encouraged for dispositive motions before setting a hearing.

The movant must confer with the opposing party in good faith, pursuant to Rule 1.202(a), Fla.R.Civ.P., on non-dispositive motions and are encouraged to confer on dispositive motions prior to setting for a hearing.

CRITICALCivil cases

A motion must be filed before the matter is scheduled for a hearing in JAWS.

A motion must be filed with the Clerk of Court before setting the matter for hearing in JAWS.

CRITICALCivil cases

A party seeking to use communication technology at a hearing must file and serve a Rule 2.530(b) motion at least 14 days before the hearing and provide chambers a courtesy copy.

Should a party request the use of communication technology for the appearance of counsel, presentation of testimony, or any other reason, that party must file a motion, pursuant to Rule 2.530(b), Fla. R. Gen. Prac. & Jud. Admin. requesting the ability to use such technology at least 14 days prior to the scheduled hearing and serve the motion on the opposing party or their counsel as well as provide a courtesy copy to the Court at civdivm@fljud13.org.

CRITICAL

Mediation is required before trial except in extraordinary circumstances or when time does not allow it.

Except in extraordinary circumstances, or where time does not allow it, mediation will be required before trial.

CRITICAL

Every movant must confer with the opposing party or counsel in good faith to attempt to resolve the issues raised by the motion.

Good-Faith Conference. Movants must comply with paragraph 11(A) of Administrative Order  S-2024-046, which requires the movant to “confer with the opposing party or opposing counsel in a good faith effort to resolve the issues raised by the motion.”

CRITICAL

Motions to compel should describe with specificity the relief sought. The motion must comply with the good-faith conference certification requirements of Rule 1.380(a)(2) and paragraph 11(A) of Administrative Order S-2024-046. Motions that do not comply will be denied and hearings cancelled.

Motions to compel should describe with specificity the relief sought. The motion must comply with the good-faith conference certification requirements of Rule 1.380(a)(2) and paragraph 11(A) of Administrative Order S-2024-046. Motions that do not comply will be denied and hearings cancelled.

CRITICAL

Represented parties must complete the required Rule 1.202 conferral before filing a motion unless exempt.

Represented parties must comply with Fla. R. Civ. P. 1.202 prior to filing a motion unless exempt.

CRITICALCriminal cases

A written motion should be filed before requesting a motion-hearing date and time from the judicial assistant.

Scheduling a Motion Hearing: Unless otherwise approved by the Court, a written motion should be filed with the Clerk before requesting a hearing date and time from the Judicial Assistant.

CRITICAL

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.

CRITICAL

Parties must conduct a good-faith conference before scheduling discovery matters, and a motion lacking that conference will have its hearing automatically canceled.

Please make sure that parties have conferred PRIOR to setting these matters. A good faith conference is essential for scheduling these matters. If the motion does not contain a good faith conference, the hearing will be automatically canceled.

CRITICAL

If requested, counsel must agree to the filing of an amended complaint instead of filing the motion.

If requested, counsel shall stipulate to the filing of an amended complaint in lieu of filing the motion.

CRITICAL

Before filing a motion, the moving party must confer with opposing counsel in a good-faith effort to resolve it and file a certification that the conference occurred without agreement.

Before filing any motion, the moving party shall confer in person, telephonically, or by e-mail with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion and shall file with the motion a statement certifying that the moving party has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion.

CRITICAL

Before a Rule 12 motion challenging the complaint, counsel must give written notice of the intended motion and identify the alleged failure to state a cause of action.

Prior to filing a motion to dismiss for failure to state a cause of action, counsel shall notify opposing counsel in writing the intention to file a motion to dismiss and shall identify the reason(s) counsel will allege that the complaint fails to state a cause of action.

CRITICAL

Attorneys and self-represented parties must attend a case management conference unless the court excuses them in advance.

Unless excused by the court in advance, all CMCs are mandatory for attorneys and self-represented parties.

CRITICAL

A request for a trial lasting more than one day must be set for a case management conference.

Procedure: Any trial request for over one (1) day must be set for a Case Management Conference.

CRITICAL

Attorneys and parties must make genuine good-faith efforts to resolve discovery disputes before filing a motion to compel.

The attorneys and parties MUST undertake true, good-faith efforts to resolve discovery disputes before filing a motion to compel.

CRITICAL

The parties must hold a good-faith conference before scheduling a discovery-related motion.

All parties are required to confer PRIOR to setting these matters. A good faith conference is essential for scheduling these matters.

CRITICAL

Every movant must confer in good faith with the opposing party or counsel to try to resolve the issues raised in the motion.

Movants must comply with Rule 1.202, which requires the movant to confer with the opposing party or opposing counsel in a good faith effort to resolve the issues raised in the motion.

CRITICAL

An email exchange alone does not satisfy the good-faith-conference requirement; the lawyers or parties must speak directly.

AN EXCHANGE OF E-MAILS WILL NOT BE SUFFICIENT TO SATISFY THIS REQUIREMENT. THE LAWYERS/PARTIES MUST ACTUALLY TALK TO EACH OTHER.

CRITICAL

All motions must be heard before the pretrial conference.

ALL MOTIONS MUST BE HEARD PRIOR TO THE PRE-TRIAL CONFERENCE.

CRITICAL

When scheduling a jury or non-jury trial, parties must also schedule the designated final pretrial conference one month before the trial date.

Parties scheduling either non-jury or jury trials must also schedule the designated final pretrial conference one month prior to the trial date.

CRITICAL

Parties must confer in good faith before setting these matters; a motion without that conference will have its hearing automatically canceled.

*Please make sure that parties have conferred PRIOR to setting these matters. A good faith conference is essential for scheduling these matters. If the motion does not contain a good faith conference, the hearing will be automatically canceled.

CRITICAL

Mediation is required before a motion for summary judgment may be scheduled unless the court grants prior leave to proceed.

Motion for Summary Judgement: Mediation is required prior to scheduling the Motion for Summary Judgement, without prior leave of Court to proceed.

CRITICAL

Represented parties must confer under Florida Rule of Civil Procedure 1.202 before filing a motion unless exempt, with sanctions or denial possible for noncompliance.

Conferral: Represented parties must comply with Florida Rule of Civil Procedure 1.202 prior to filing a motion unless exempt. Failure to comply with the requirements of this rule may result in an appropriate sanction, including denial of a motion.

CRITICAL

All pretrial motions in cases transferred to Trial Division 3 must be filed and heard by the original transferring judge, and untimely filing or scheduling results in waiver.

ALL PRETRIAL MOTIONS FOR ANY CASE TRANSFERRED TO TRIAL DIVISION 3 FOR TRIAL, MUST BE SCHEDULED AND HEARD BY THE ORIGINAL ASSIGNED TRANSFERRING JUDGE. THE FAILURE OF ANY PARTY TO TIMELY FILE AND SET FOR HEARING ANY PRETRIAL MOTION BEFORE THE ORIGINAL TRANSFERRING JUDGE WILL BE DEEMED A WAIVER OF THE MOTION BY THIS COURT.

CRITICAL

After transfer for trial, the receiving trial judge will not entertain pretrial motions unless that judge consents.

Once a case is transferred by a standard division to a trial division or other division for trial, no pre-trial motions will be entertained by the judge to whom the case has been transferred for trial unless the judge consents to doing so.

CRITICAL

A written motion must be filed with the Clerk before requesting or setting a hearing.

A written motion must be filed with the Clerk before setting it for hearing in JAWS or requesting hearing time from the Court’s Judicial Assistant.

CRITICAL

Pretrial motions generally must be written and heard before the pretrial conference unless otherwise specified.

All pretrial motions shall be in writing and heard prior to the date of the pretrial conference, except where otherwise specified.

CRITICAL

A movant must confer in good faith with the opposing party or counsel to resolve the motion’s issues and file the required detailed certification or face denial without prejudice and cancellation of the hearing.

Movants must comply with paragraph 11(A) of Administrative Order S-2024-046, which requires the movant to “confer with the opposing party or opposing counsel in a good faith effort to resolve the issues raised by the motion.” Failure to confer and certify the appropriate statement with the motion—with the detail required by the Administrative Order—will result in the motion being denied without prejudice and any hearing cancelled.

CRITICALCriminal cases

All motions must be heard before the pretrial conference unless untimeliness is excused by good cause.

All MOTIONS MUST BE HEARD PRIOR TO THE PRE-TRIAL CONFERENCE. Any motion not timely filed and set for hearing is waived absent a showing of good cause as to why the motion was not timely filed and heard prior to pre-trial conference.

CRITICALCriminal cases

Defense counsel must contact the assigned assistant state attorney before a bond-reduction hearing to attempt to reach a stipulation.

Good-Faith Conference Required: Under paragraph 12(A) of Administrative Order S-2024-062, defense counsel must contact the assistant state attorney assigned to the case or to Division O before a hearing to reduce bond. Counsel must then discuss whether a stipulation to reduce bond can be reached. If not, defense counsel may schedule a hearing.

CRITICALCriminal cases

Counsel must confer in good faith with the State Attorney before filing a motion for return of property, and a hearing set before that conference and chambers review will be canceled.

You must confer with the State Attorney before filing a motion for return of property, because such motions are often unopposed. Hearings set before a good-faith conference and before allowing the Court to review the motion in chambers will be canceled.

WARNINGCivil cases

If the non-moving party does not file any objection within 10 days of service of the motion, the movant may upload a proposed Order to the Division M work queue. If an objection is filed, a courtesy copy must be provided to the Court at civdivm@fljud13.org.

If the non-moving party does not file any objection within 10 days of service of the motion, the movant may upload a proposed Order to the Division M work queue. If an objection is filed, a courtesy copy must be provided to the Court at civdivm@fljud13.org.

WARNING

Opposing counsel must respond promptly to a good-faith pre-filing conference request.

Counsel shall respond promptly to efforts by opposing counsel who wish to confer to resolve motions prior their filing.

WARNING

No pre-motion conference is required for an ex parte injunction motion, a summary-judgment motion, or a motion seeking class-action maintenance.

No conference is required prior to the filing of a motion for injunctive relief without notice, for summary judgment, or to permit maintenance of a class action.

WARNINGCivil cases

After three documented attempts to coordinate a non-emergency hearing, deposition, or motion, and after waiting at least 72 hours, the moving party may unilaterally set the issue for hearing no less than 30 days after the third attempt.

In the event parties are unable to coordinate any non-emergency hearing, deposition, or motion within a reasonable period of time (not less than 72 hours) and after 3 documented attempts, the moving party may unilaterally set the issue for hearing pursuant to divisional instructions to occur no less than 30 days after the third attempt.

WARNINGCivil cases

For certain county court motions, the motion is deemed unopposed if the non-movant does not respond or object within 10 days, unless the Florida Rules of Civil Procedure allow a longer response period.

If the non-movant does not file a response in opposition or an objection to the motion within ten (10) days of the filing of the motion, then such motion shall be deemed by the Court to be “unopposed” (except where the Rules of Civil Procedure specifically allow for a longer period of time to respond).

WARNING

A motion pending for at least 60 days without a scheduled hearing is presumed denied without prejudice unless the filing party shows good cause.

Filed motions that have been pending for sixty (60) or more days without being scheduled for a hearing are presumed to be denied without prejudice, unless the Party who filed said motion shows good cause.

WARNING

When uncertain about hearing format, parties should confer, file a motion, and submit a proposed order in advance.

When in doubt, confer with the other side, file a motion, and submit a proposed order in advance.

INFO

The court strongly encourages early use of a case management conference for complex, multiparty, or potentially intervention-dependent cases.

The court strongly encourages the early use of CMC in more complex cases, multiple-party litigation, or any case that might benefit from court intervention.

INFOCivil cases

A hearing may be unnecessary for a non-dispositive or non-evidentiary motion if the non-movant does not respond or object within 10 days, unless the Court or the Florida Rules of Civil Procedure require one.

If no response in opposition or objection is filed by the non-movant within 10 days, then a hearing may not be necessary, unless otherwise required by the Court or the Florida Rules of Civil Procedure.

INFOCivil cases

Parties are encouraged to wait at least 10 days after filing a non-dispositive or non-evidentiary motion before setting it for hearing.

Parties are encouraged to wait at least 10 days after filing a non-dispositive and/or non-evidentiary motion before setting the motion for hearing, in order to determine whether the non-movant intends to file a response in opposition or objection to such motion.

INFO

No hearing date needs to be secured when filing a probation motion because the court initially reviews it in chambers.

The Court will review these motions in Chambers; therefore, a hearing date does not need to be secured when the motion is filed.