Judge Matt Whyte
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- At Least 5 Business Days Before Hearing
- Hand Delivery
- With Hearing Binder or Courtesy Copies
Communication
Chambers
Chambers
Chambers
Document Format Requirements3 rules
Evidentiary exhibits must be in paper format, with an identical courtesy copy for the judge; for a permitted remote hearing, hard copies must be sent at least five business days beforehand.
- File type
- Paper
- Exhibits
Court's wording
The Clerk requires evidentiary exhibits to be in paper format. Attorneys should plan accordingly. An identical copy of the exhibits provided to the Clerk should be provided to Judge Whyte as Courtesy Copies, above. If the hearing is permitted to be remote, hard copies of the exhibits shall be sent to Judge Whyte’s office no fewer than five (5) business days prior to the hearing.
The relevant portions of the case law should be highlighted, bolded, outlined, or otherwise similarly indicated so as to make those relevant portions stand out from the rest of the text.
Proposed orders sent to the court through the E-Filing Portal will be received in PDF/A format. If the court needs a proposed order in MS Word format, you will be notified via email.
- File type
- PDF/A
- Proposed order
Document Filing Requirements17 rules
Withdrawing counsel must execute and file a certificate of service identifying everyone served and their service information.
- Document
- Order
Must include
- •Certificate of service
Court's wording
Withdrawing Attorney and Withdrawing Law Firm must immediately serve a copy of this Order on all parties or their attorneys, including Party; execute a certificate of service identifying all persons served with service information; and file the certificate of service in the Court file.
A self-represented Party must complete the Designation of E-Mail Address for a Party Not Represented by an Attorney (Form 2.602) and file it with the Clerk.
Every Notice of Hearing must include a compliant Certificate of Service and the required disability-accommodation notice.
- Document
- Notice of hearing
Must include
- •Certificate of service
Court's wording
Every Notice of Hearing must include a Certificate of Service, in compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516(f), as well as the notice regarding requests for accommodations by persons with disabilities, as set forth in Fla. R. Gen. Prac. & Jud. Admin. 2.540.
Every signed document shall include a signature block in conformance with Florida Rule of General Practice & Judicial Administration 2.515(c).
Immediately upon entering a case, all attorneys and SRLs shall file with the Clerk and serve upon all parties a Designation of Email Address, as required by Fla. R. Gen. Prac. & Jud. Admin. 2.516.
A motion in limine must be case-specific and identify the issue, supporting or opposing legal or factual bases, why a contemporaneous objection is insufficient, and any resulting prejudice.
Court's wording
Motions in limine should be specifically tailored to each case and shall include: the substantive, evidentiary, or procedural matter at issue; the legal or factual bases supporting or refuting the matter at issue; the reasons why a contemporaneous objection during trial would be insufficient; and the prejudice, if any, that will occur if the motion is granted or not granted, as applicable.
Self-represented litigants must file a Designation of E-mail Adress. See Florida Rule of General Practice & Judicial Administration 2.516(2).
Each appearing attorney, including attorneys from the same firm, must separately file a notice of appearance and email designation identifying the party statuses represented.
Court's wording
Every attorney that appears on behalf of a party, including attorneys from the same firm, must file a separate notice of appearance and designation of email address. If a party has more than one status (e.g., Defendant and Counterclaim Plaintiff), the notice of appearance must identify the status or statuses that attorney represents the party. This is an on-going requirement for any new attorney that appears during the litigation. Each attorney that appears is fully responsible for the case.
The motion shall be detailed and include the amount of hearing time required. If the motion seeks ex parte relief, the legal and factual bases as well as authority allowing ex parte consideration and relief shall be specifically stated.
Prior to scheduling a hearing before Magistrate Caskey, the moving party must complete the “Order of Referral” and submit the Order to the judge using the Division Email with copies to all parties and affected nonparties.
A stipulation must be signed and dated by the participating attorneys and parties, filed with the Clerk, provided to the court promptly after signing, and expressly state any limitations.
Court's wording
Any Stipulation, including those that will be read to the jury, shall be signed and dated by the attorneys of record and the parties who are entering into the stipulation. The fully executed Stipulation must be filed with the Clerk and a copy provided to the court as soon as it is signed. If the Stipulation is limited to certain parties, claims, or otherwise, such limitations shall be expressly stated therein.
A Notice of Hearing must identify the matter and filing information, list each motion, state whether the hearing is evidentiary, specify the appearance format, and include Zoom information when applicable.
Court's wording
A Notice of Hearing shall list the exact title of the motion or other document that is to be heard, the date of filing, and the Clerk’s document identification number (DIN), if available. If multiple motions are scheduled to be heard, each motion shall be specifically listed. The Notice of Hearing must explicitly state if the hearing is “Evidentiary” in nature. The Notice of Hearing must state whether it will be in person, virtual/remote (Zoom), or a hybrid of in person and Zoom. If any portion of the hearing will be virtual/remote (Zoom), the court’s Zoom information must be provided in the Notice of Hearing.
For proposed orders that are submitted via US mail or hand delivery, please indicate in the cover letter that postage paid envelopes and copies for conforming are included.
If no response to a proposed order is received within a reasonable time, the submitting party must provide a cover letter documenting service, the response period, and who agreed or did not respond.
Court's wording
If no response is received, within a reasonable time, to the proposed order The party preparing the proposed order shall submit the proposed order to the court with a cover letter detailing the date and method that the proposed order was served on each party and affected non-party, the reasonable time frame they were given to respond, a list of parties and affected non-parties that agreed to the proposed order, and a list of the parties and affected non-parties that did not respond.
When all parties and non-parties agree to a proposed order, the submitting party must include a cover letter confirming agreement and begin the order title with “Agreed.”
Court's wording
If all parties and non-parties agree with the proposed order The party preparing the proposed order shall submit the proposed order to the court with a cover letter indicating all parties have agreed to the form and substance of the proposed order and adding “Agreed” to the start of the proposed order’s title (e.g., Agreed Order Granting Plaintiff’’s Motion to Extend Time to Respond to Discovery).
If a proposed order is emailed, please include all email addresses for all parties on the certificate of service, if available. If email addresses are not provided on the proposed order, no one will receive the order.
When a proposed order is disputed, the submitting party must provide a cover letter identifying the dispute, resolution efforts, and reasons the proposed order is correct.
Court's wording
If there is objection to or disagreement with the proposed order The party preparing the proposed order shall send the proposed order to the court with a cover letter identifying the objection or disagreement, the steps taken to resolve the dispute, and the reasons why the moving party believes that its proposed order is correct.
Filing & Service rules
Electronic Filing Rules
Unless excused by court order, every attorney and self-represented litigant must register with the Florida Courts E-Filing Portal and use it to serve and receive case documents.
Unless excused by court order, every attorney and self-represented litigant shall be a “registered user” with the Florida Courts E-Filing Portal (“Portal”) and shall use the Portal for service and receipt of documents in this case.
Page 1 | K. Other Division Procedures — Use of Florida Courts E-filing Portal
Unless otherwise specified, proposed orders may be submitted through the Florida Courts E-Filing Portal, Division email, U.S. Mail or courier, or hand delivery, in that order of preference.
Unless otherwise noted in these Requirements, proposed orders should be sent to the Judge’s chambers using one of the following methods (in the order of preference): Florida Courts E-Filing Portal Division email U.S. Mail or other standard delivery/courier service Hand delivery
Page 1 | D. Submission of Orders — General Rules for the submission of proposed orders
Filing Timing and Cure Windows
A motion must be filed with the Clerk before hearing time is reserved.
All motions shall be filed with the Clerk prior to reserving hearing time.
Page 1 | B. Hearing Procedures
The party making an affirmative plea for relief must file the Final Judgment of Voluntary Dismissal and other required closing documents within 30 days after removal from the trial schedule.
A Final Judgment of Voluntary Dismissal (filed by the party making an affirmative plea for relief) and any other documents or forms that are required to close and finally dispose of the case must be filed with the Clerk of Court within thirty (30) days after the court removes the case from the trial schedule.
Page 1 | H. Pretrial Procedures & Conferences — Settlement or Resolution of the Case
A fully executed stipulation must be filed with the Clerk and provided to the court as soon as it is signed.
The fully executed Stipulation must be filed with the Clerk and a copy provided to the court as soon as it is signed.
Page 1 | H. Pretrial Procedures & Conferences — Stipulations
Expert-admissibility motions must be filed and heard as soon as practicable after the need is identified and before the Pre-Trial Conference unless good cause and due diligence support a later hearing.
Motions filed pursuant to F.S.S. 90.702-90.706 that seek a pre-trial ruling regarding the admission of expert testimony must be filed and heard at the earliest opportunity after the need for such a hearing is identified. Any such motion must be heard by the court before the Pre-Trial Conference, unless good cause and due diligence is shown to hear the motion after PTC.
Page 1 | H. Pretrial Procedures & Conferences — Daubert Motions
Cases on the trial schedule, including backup trials, may be called to trial at any time during the trial period with 24 hours’ advance notice.
All cases on the trial schedule, including back up trials, are subject to being called to trial at any time during the trial period with 24 hours advance notice.
Page 1 | H. Pretrial Procedures & Conferences — Trial Schedule/Docket
Unless the court directs otherwise, the party preparing a proposed order should do so promptly, generally by the following business day.
Unless otherwise directed by the court following a hearing, the party charged with preparing a proposed order should prepare it promptly, generally no later than the following business day.
Page 1 | D. Submission of Orders — Orders/JUdgments prepared at the direction of the court
Service and Proof of Service Rules
A self-represented party must serve and receive documents by email unless excused by the Court under the cited rule.
A self-represented Party is required to serve and receive documents by email unless excused by the Court pursuant to Florida Rule of General Practice and Judicial Administration 2.516(b)(1)(D).
Page 1 | A self-represented Party is required to serve and receive documents by email
Withdrawing counsel must immediately serve the Order on all parties and file a certificate identifying everyone served and their service information.
Withdrawing Attorney and Withdrawing Law Firm must immediately serve a copy of this Order on all parties or their attorneys, including Party; execute a certificate of service identifying all persons served with service information; and file the certificate of service in the Court file.
Page 1 | ORDER (1) GRANTING WITHDRAWAL OF ATTORNEY; AND (2) DIRECTING THE CLERK OF COURT TO UPDATE THE CASE MANAGEMENT SYSTEM
A proposed order must be served on all other parties and affected non-parties for review before submission, and it must not request signature after a specified period absent an objection.
The party directed by the court to prepare a proposed order shall, prior to submitting the proposed order to the court, serve a copy of the proposed order on all other parties and affected non-parties for review as to form and substance. The submitting party shall not submit any proposed order to the court asking the court to sign the proposed order in a certain number of days if no objection is received.
Page 1 | D. Submission of Orders — Orders/JUdgments prepared at the direction of the court
An emergency motion must be filed with the Clerk and served on all attorneys, SRLs, and affected non-parties unless ex parte relief is permitted; a copy and any cover letter must also be emailed to the court.
A motion requesting emergency consideration by the court must be filed with the Clerk and served upon all attorneys, SRLs, and affected non-parties, except in those rare cases which permit a party to seek ex parte relief. A copy of the motion requesting emergency consideration and any cover letter shall be sent to the court via the Division Email.
Page 1 | F. Emergency & Other Urgent Matters
Documents must be served under Rule 2.516, and any required Certificate of Service must substantially comply with Rule 2.516(f).
Service of documents shall be made in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.516, and for any document required to contain a Certificate of Service, such Certificate of Service shall be in substantial compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516(f).
Page 1 | K. Other Division Procedures — Service of Documents
Withdrawing counsel who do not wish to receive further filings must separately remove themselves from the Portal’s e-service list under the Portal’s procedures.
Nothing in this Order impacts the e-service list hosted by the Florida Courts E-Filing Portal. Withdrawing Attorney and Withdrawing must separately remove themselves from the Portal’s e-service list according to the Portal’s procedures if they do not wish to receive further filings.
Page 1 | ORDER (1) GRANTING WITHDRAWAL OF ATTORNEY; AND (2) DIRECTING THE CLERK OF COURT TO UPDATE THE CASE MANAGEMENT SYSTEM
Courtesy Copy Requirements
Courtesy copies or hearing binders should include the hearing notice, motion, memorandum of law, relevant printed case law, and legible copies of evidence and other materials to be used at the hearing.
The hearing binder or courtesy copies should include but are not limited to: a copy of the Notice of Hearing, a copy of the motion to be heard, a memorandum of law, printed copies of case law that are cited in the motion and memorandum of law or will be discussed at the hearing, and legible copies of evidence, exhibits, and documents that will be referred to or admitted during the hearing.
Page 1 | E. Courtesy Copies
Hearing binders and courtesy copies are optional, but if provided they must reach the court at least five business days before the hearing and should not be filed with the Clerk.
Hearing binders and courtesy copies are not required. However, if a hearing binder or courtesy copies are going to be provided, they must be received by the court at least five (5) business days before the hearing date. Hearing binders and courtesy copies should not be filed with the Clerk.
Page 1 | E. Courtesy Copies
Physical courtesy copies may be delivered to chambers by hand, U.S. Mail, or another delivery service.
Delivery of physical copies to chambers can be made by hand, U.S. mail, or other delivery service.
Page 1 | E. Courtesy Copies
Adjournment & Extension Requirements
Trial continuances are disfavored and generally require good cause; a motion must be written and signed by the requesting named party unless good cause is shown.
A Motion to Continue Trial shall comply with all requirements of Fla. R. Gen. Prac. & Jud. Admin. 2.545(e) and Fla. R. Civ. P. 1.460. It is strongly suggested that a Stipulation to Continue Trial also conform with these rules. Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.545(e) and Fla. R. Civ. P. 1.460, Motions to Continue Trial “are disfavored and should rarely be granted and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case.” Continuances to complete discovery, have motions heard, or other reasons that suggest the action is not ready for trial will be strongly disfavored. A Motion to Continue Trial must be in writing and, except for good cause shown, must be signed by the named party requesting the continuance.
Page 1 | H. Pretrial Procedures & Conferences — Continuance of Trial
Filing a motion or stipulation to continue does not continue the trial; the trial remains set unless and until the court grants the request.
A trial is not continued automatically upon the submission of a Motion to Continue or a Stipulation to Continue. Until the court grants a continuance, the matter remains set for trial as previously ordered.
Page 1 | H. Pretrial Procedures & Conferences — Continuance of Trial
Chambers Communication Rules
A person planning to appear in person for a non-evidentiary proceeding of 30 minutes or less must email the JA at least 24 business hours beforehand and copy all parties and affected non-parties.
If counsel, a SRL, or a party intends to appear in person for a non-evidentiary proceeding that is scheduled for 30 minutes or less, such person must notify the JA at least 24 business hours before the proceeding by sending an email to the Division Email with copies to all parties and affected non-parties.
Page 1 | A. Remote Appearance
Rehearing, reconsideration, and new-trial motions must be filed with the Clerk, emailed to the judge with copies to all parties and a cover letter, and may be set for hearing only if the court directs.
All Motions for Rehearing, Reconsideration, or New Trial are to be filed with the Clerk of Court and a copy submitted directly to the judge, via the Division Email, with copies to all parties, along with a cover letter. The motion should be detailed and specific. The judge will review the motion to determine whether a hearing is required. These motions shall not be set for hearing unless directed to do so by the court.
Page 1 | B. Hearing Procedures — Motions for Rehearings, Reconsideration, and New Trial
An SRL who is the moving party must email the e-filed cancellation notice to the JA and copy all parties and affected non-parties; the hearing remains scheduled unless the JA confirms cancellation.
If the SRL is the moving party, the hearing may only be cancelled by emailing a copy of the e-filed Notice of Cancellation to the JA, with copies to all parties and affected non-parties. The JA will acknowledge receipt of the notice, cancel the hearing, and inform all parties the hearing has been canceled by “Reply to All” to the SRL’s email. If the JA does not confirm cancellation of the hearing, it is not cancelled.
Page 1 | B. Hearing Procedures — Cancelling a hearing
When JACS does not permit cancellation, the moving party must email the e-filed cancellation notice to the JA and copy all parties and affected non-parties; the hearing remains scheduled unless the JA confirms cancellation.
When JACS does not permit a cancellation, the moving party may cancel the hearing only by emailing a copy of the e-filed Notice of Cancellation to the JA, with copies to all parties and affected non-parties. The JA will acknowledge receipt of the notice, cancel the hearing, and inform all parties the hearing has been cancelled by “Reply to All” to the movant’s email. If the JA does not confirm cancellation of the hearing, it is not cancelled.
Page 1 | B. Hearing Procedures — Cancelling a hearing (represented litigants)
Hearings expected to last more than one hour must be scheduled through the JA by Division Email with all parties copied.
Hearings expected to last more than one (1) hour All hearings estimated to last more than 1 hour must be scheduled through the JA, through the Division Email, with all parties copied.
Page 1 | B. Hearing Procedures
An SRL seeking hearing time must email the motion and requested hearing duration to the Division Email, then coordinate with other parties using the provided timeslots without copying the JA on those coordination emails.
When seeking hearing time for a motion, SRLs must email a copy of the motion to the Division Email at CirCivDivD@jud12.flcourts.org and request available timeslots. This email must include the amount of time needed for the hearing, including equal time for the movant, respondent, and any affected non-party that may want to be heard. The JA will provide available timeslots to the SRL. The SRL must then contact the other parties in the case to coordinate the hearing using the timeslots provided by the JA. The JA should not be copied with these scheduling emails.
Page 1 | B. Hearing Procedures — Scheduling a hearing (self-represented litigants)
Hearings lasting one hour or less must be scheduled through JACS using an available 15-, 30-, or 60-minute timeslot.
Hearings expected to last one (1) hour or less All hearings that will be one (1) hour or less must be scheduled through the Circuit’s Judicial Automated Calendaring System (JACS). Available timeslots are 15 minutes, 30 minutes and 60 minutes.
Page 1 | B. Hearing Procedures
A party’s opportunity to speak to the judge is in court only.
Your opportunity to speak to the judge happens only in court.
Page 1 | C. Communications with the Court
Attorneys and parties must not contact the JA for case updates or status inquiries and should instead request case access from the Clerk’s Public Access department.
Attorneys and parties should not contact the JA to get updates or inquire as to the status of their case. Rather, they should contact the Public Access department of the Manatee County Clerk of Court and request “Attorney of Record” or “Party” access to their case.
Page 1 | C. Communications with the Court — Getting Updates on Your Case
Hearing time before Magistrate Caskey is scheduled through his assistant by phone or email.
Hearing time is scheduled through Donna McCammond, Magistrate Caskey’s Assistant at 941‐749‐3650 or by email at DMcCammond@jud12.flcourts.org.
Page 1 | B. Hearing Procedures — Motion Hearings Before the Magistrate
Competing letters or emails to the court about disputed case issues are prohibited, except for scheduling matters.
Litigation by letter or email occurs when one or more people send multiple competing letters or emails to the court or the court’s JA discussing issues in the case, other than scheduling matters, which are in dispute. This is not permitted.
Page 1 | C. Communications with the Court — Litigation by Letter or Email Strictly Prohibited
If the provided timeslots do not work, an SRL may request more; after the parties agree on a timeslot, the SRL must notify the JA to secure it.
If none of the provided timeslots are agreeable, the SRL may contact the JA for more timeslots. After the parties agree on a timeslot, the SRL must notify the JA to secure the hearing time.
Page 1 | B. Hearing Procedures — Scheduling a hearing (self-represented litigants)