Judge Kaylin Humerickhouse
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
E Filed Pleading
Emergency Motion
Rehearing Motions, Reconsideration Motions, New Trial Motions
Small Claims PTC Continuance Request
Adjournments
- Motions to continue should be filed with the Clerk no less than two (2) business days before the PTC to allow time for approval and removal ofthe case from the docket.
Document Filing Requirements13 rules
c. The Defendant's attorney timely files and serves a document entitled, "Notice of Appearance/Cancellation of Small Claims Pre-trial Conference/Mediation" (hereafter referred to as "Notice of Appearance); and
The Notice of Hearing must provide the correct telephone number and instructions for the parties to call the Court at the scheduled time.
The Notice of Hearing for a Zoom event must include the correct credentials.
The clerks must require county civil complaints and petitions to include the Standing Order and Case Management Report, except eviction complaints and other section 51.011 summary proceedings.
Court's wording
2. The Clerks of Court in Sarasota, Manatee, and Desoto Counties are directed to require that any county civil complaint or petition filed, except for eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes, have a copy of this Standing Order for County Civil Case Management and the County Civil Case Management Report attached thereto.
The Standing Order and Case Management Report must be filed with county civil complaints, except eviction complaints and other section 51.011 summary proceedings.
Court's wording
1. A Standing Order for county court civil case management, attached as “Attachment A”, and a County Civil Case Management Report, attached as “Attachment B”, shall be filed with all county civil complaints, except for eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes.
Plaintiffs must include the Standing Order and Case Management Report in the initial filing and serve them on defendants with the initial process; petitioners or their counsel must include them with the petition when serving the respondent.
Court's wording
4. All Plaintiffs shall include in their initial filing of a case a copy of this Standing Order and County Civil Case Management Report and serve a copy of this Standing Order and Case Management Report upon all Defendants with the initial process. It is the responsibility of the Petitioner and/or Petitioner’s counsel to provide the Respondent with a copy of the Standing Order and County Civil Case Management Report by including it with the petition at the time of service.
The parties shall meet and confer within 30 days after the last party is served with initial process to discuss, and jointly complete, the Case Management Report. The parties must submit the completed Case Management Report to the Court within 5 days after the initial meet and confer.
County Civil Complaints must include the Standing Order and Case Management Report, except eviction complaints and other summary proceedings under section 51.011.
Court's wording
The Twelfth Judicial Circuit’s County Civil Case Management Protocol directs the Clerks of Court in Sarasota, Manatee, and DeSoto Counties to require that any County Civil Complaint, except for eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes, have a copy of this Standing Order for County Civil Case Management and the County Civil Case Management Report attached hereto.
For small claims cases that proceed under one or more of the Florida Rules of Civil Procedure, pursuant to Fla. Sm. Cl. R. 7.020(c) if the deadline for the trial date specified in Fla. Sm. Cl. R. 7.090(d) no longer applies in the case, the Court shall attach this Standing Order and the Case Management Report to any Order invoking the Rules of Civil Procedure.
The parties, or their attorneys, shall meet and confer within 30 days after the last party is served with initial process, or order invoking Rules of Civil Procedure is entered, to meet, confer, and jointly complete the Case Management Report.
The parties or their counsel shall file the signed, completed Case Management Report within 5 days after the first meet and confer conference.
It is the litigants’ responsibility to provide pre-addressed, stamped envelopes for service by U.S. mail.
To avoid a hearing for a motion to withdraw, an attorney may obtain the client’s consent in writing to the withdraw and submit the stipulation and proposed order to the Court.
- Document
- Motion to withdraw
Include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
For the notice to be timely filed, it may be hand delivered, e-filed, or mailed for filing to the Clerk, no later than 4:00 p.m. one business day before the conference.
d. The aforementioned Notice of Appearance shall be deemed timely filed when it is hand delivered, e-filed, or provided by mail for filing to the Clerk of the Sarasota County Court, Civil Division and served by hand delivery, email or facsimile to the Plaintiffs counsel, no later than 4:00 p.m., one business day prior to the date of the Pre-trial Conference/Mediation; and
Civil cases
Page 1 | SMALL CLAIMS PRE-TRIAL CONFERENCES IN PIP CASES
Proposed orders may be submitted through the Clerk’s electronic portal, by email, or by U.S. mail.
Proposed orders may be submitted through the Clerk’s electronic portal, via email or U.S. mail.
Page 1 | Proposed Orders
Filing Timing and Cure Windows
The Court may not enter a default until a 15-day grace period has elapsed.
e. No default shall be entered by the Court until a 15 day grace period has elapsed.
Civil cases
Page 1 | SMALL CLAIMS PRE-TRIAL CONFERENCES IN PIP CASES
The Notice of Appearance must be filed no later than 4:00 p.m. one business day before the conference to be deemed timely.
d. The aforementioned Notice of Appearance shall be deemed timely filed when it is hand delivered, e-filed, or provided by mail for filing to the Clerk of the Sarasota County Court, Civil Division and served by hand delivery, email or facsimile to the Plaintiffs counsel, no later than 4:00 p.m., one business day prior to the date of the Pre-trial Conference/Mediation; and
Civil cases
Page 1 | SMALL CLAIMS PRE-TRIAL CONFERENCES IN PIP CASES
A motion must be filed before hearing time will be provided for it.
Motions must be filed before hearing time will be given out for the motion.
Page 1 | Scheduling Hearings
The clerk must reject a new county civil complaint or petition that lacks the Standing Order and Case Management Report, except evictions and other summary proceedings.
3. The Clerk of Court is directed to reject any new County Civil Complaint/Petition (not including evictions or other summary proceedings) that does not include this Standing Order and County Civil Case Management Report.
Civil cases
Page 1 | Administrative Order 2021-17.1
All objections to pleadings and pre-trial motions must be resolved 45 days after filing and before the pre-trial conference.
Deadline for all objections to pleadings and pre- 45 days after filing and trial motions to be resolved prior to the pre-trial conference
Civil cases
Page 5 | CASE MANAGEMENT REPORT
The mediation deadline is 450 days after the complaint is filed in general cases and 270 days in streamlined cases.
Mediation deadline 450 days after Complaint filed for general cases, 270 days for streamlined
Civil cases
Page 6 | CASE MANAGEMENT REPORT
Any pending motion not heard by the Court by the hearing deadline will be denied.
Any pending motion not heard by the Court by this deadline will be denied.
Civil cases
Page 6 | CASE MANAGEMENT REPORT
Dispositive and Daubert motions may not be heard within 15 days before the first day of trial without Court permission.
Dispositive motion (i.e., summary judgment) and Daubert motion deadline to be heard. (These motions may not be heard within 15 days before the first day of the trial without Court permission.
Civil cases
Page 6 | CASE MANAGEMENT REPORT
Discovery may not occur after the applicable deadline—450 days after the complaint is filed in general cases or 270 days in streamlined cases—unless the Court permits it or all parties agree.
Discovery deadline. No discovery may occur after 450 days after this date without Court permission or agreement Complaint filed for of all parties. general cases, 270 days for streamlined
Civil cases
Page 6 | CASE MANAGEMENT REPORT
Parties may cancel the Small Claims Pretrial Conference and proceed directly to mediation by submitting the specified stipulation form at least two days before the conference.
Parties may agree in advance to cancel the PTC and go straight to mediation by submitting the Stipulation for Small Claims Mediation form found in the Judge’s Forms & Requirements page, no less than two (2) days before the PTC.
Page 1 | Small Claims
Case law should be submitted at least two business days before the scheduled hearing.
All case law should be submitted no less than two (2) business days prior to the scheduled hearing.
Page 1 | Case Law
The Court recommends filing initial witness and exhibit lists 15 days before the pre-trial conference in jury cases or the trial period in nonjury cases.
Deadline to file initial witness and exhibit lists. (The Court recommends 15 days before the Pre-Trial Conference date in jury cases and 15 days before the Trial Period in a nonjury case.)
Civil cases
Page 5 | CASE MANAGEMENT REPORT
The Court recommends filing dispositive and Daubert motions no later than 30 days before trial.
Dispositive motions (i.e., summary judgment) and Daubert motion deadline to be filed. (The Court recommends no later than 30 days before the trial)
Civil cases
Page 6 | CASE MANAGEMENT REPORT
The projected trial date is 18 months after the complaint is filed in general cases and 12 months in streamlined cases.
Projected trial date 18 months after Complaint filed for general cases, 12 months for streamlined
Civil cases
Page 6 | CASE MANAGEMENT REPORT
Service and Proof of Service Rules
The Notice of Appearance must be served on plaintiff’s counsel by hand delivery, email, or facsimile no later than 4:00 p.m. one business day before the conference to be deemed timely.
d. The aforementioned Notice of Appearance shall be deemed timely filed when it is hand delivered, e-filed, or provided by mail for filing to the Clerk of the Sarasota County Court, Civil Division and served by hand delivery, email or facsimile to the Plaintiffs counsel, no later than 4:00 p.m., one business day prior to the date of the Pre-trial Conference/Mediation; and
Civil cases
Page 1 | SMALL CLAIMS PRE-TRIAL CONFERENCES IN PIP CASES
Plaintiffs must serve the Standing Order and Case Management Report on all defendants with the initial process, and petitioners or their counsel must include them with the petition when serving the respondent.
4. All Plaintiffs shall include in their initial filing of a case a copy of this Standing Order and County Civil Case Management Report and serve a copy of this Standing Order and Case Management Report upon all Defendants with the initial process. It is the responsibility of the Petitioner and/or Petitioner’s counsel to provide the Respondent with a copy of the Standing Order and County Civil Case Management Report by including it with the petition at the time of service.
Civil cases
Page 1 | Administrative Order 2021-17.1
Courtesy Copy Requirements
A request to continue a Small Claims Pretrial Conference must be in writing and include a courtesy copy to the Court.
Requests to continue the PTC must be in writing with a courtesy copy to the Court.
Page 1 | Small Claims
Parties must send the Judicial Assistant a copy of each eFiled pleading because the Court does not receive it.
Please note, the Court does not receive a copy of eFiled pleadings. Parties must send a copy to the Judicial Assistant to bring it to the Court’s attention and schedule hearing time.
Page 1 | Requirements & Information
Emergency motions should be filed with the Clerk and a courtesy copy given to the Court.
Emergency motions should be filed with the Clerk and a courtesy copy given to the Court.
Page 1 | Emergency Hearings
Motions for rehearing, reconsideration, or new trial should be filed with the Clerk and a courtesy copy given to the Court.
All Motions for Rehearing, Reconsideration or New Trial should be filed with the Clerk and a courtesy copy given to the Court.
Page 1 | Rehearing
Adjournment & Extension Requirements
Motions to continue should be filed with the Clerk no less than two (2) business days before the PTC to allow time for approval and removal ofthe case from the docket.
Motions to continue should be filed with the Clerk no less than two (2) business days before the PTC to allow time for approval and removal ofthe case from the docket.
Page 1 | Small Claims
Chambers Communication Rules
When filing the Case Management Report, the parties must concurrently email a copy to the assigned judge’s designated email and copy all parties.
Concurrently, the parties shall provide a copy of that Case Management Report to the assigned judge’s designated email, copying all parties.
Civil cases
Page 4 | Standing Order for County Court Civil Case Management
If the parties do not agree, each party must file its proposed Case Management Report and concurrently email it to the Court’s judicial assistant, copying all parties.
If there is no agreement, each party shall file their proposed Case Management Report and concurrently email the Court’s judicial assistant with it, copying all parties.
Civil cases
Page 4 | Standing Order for County Court Civil Case Management