Judge Keith R. Kyle
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion for Rehearing, Motion for New Trial
Notice of Compliance
Court-wide- Immediately Upon Filing
Adjournments
- Continuances will not be granted based on lack of preparation, failure to timely file witness or exhibit lists, witness unavailability, or similar grounds.
- Continuances are rarely granted and require both an unanticipated event and a showing of good cause.
- A continuance stipulation must be signed by all counsel and parties, submitted to the court with the reasons for the continuance, and does not postpone the hearing unless the court enters an order granting it.
- +2 more
Request must include
Communication
Chambers3 contacts
Clerk3 contacts
Other Contacts1 contacts
Document Format Requirements3 rules
Counsel/parties shall submit to the Court both an electronic version in Microsoft Word and a printed copy of the jury instructions and verdict form at docket sounding.
- File type
- Word
- Jury instructions
- Verdict form
All proposed orders are to be submitted as “proposed orders” in the Florida Courts e-filing portal in word format only.
- File type
- Word
- Proposed order
Composite exhibits must be marked and bound before presentation, and oversized exhibits should be reduced to 8 ½ x 11 inches when practicable, with the reduced copy retained in the court file.
Court's wording
All composite exhibits shall be satisfactorily marked and bound before presentation to the Court. Exhibits to be introduced which are larger than 8 ½ x 11" may be used at trial, but if practicable, same shall be reduced to 8 ½ x 11", and the reduced size copy shall be the exhibit retained by the Clerk in the court file.
Document Filing Requirements11 rules
• Whether the date and time have been coordinated with opposing counsel. If the attorney has been unable to coordinate the hearing with opposing counsel, the notice should state the specific good faith efforts the attorney undertook to coordinate or why coordination was not obtained.
All requests for emergency hearings must be submitted to the Judge in writing with a copy of the verified Motion signed not only by counsel, but also their client(s). The motion must be filed with the clerk prior to submission. All parties of interest shall be copied on the correspondence to the Court.
When submitting a proposed Order or other such document, the cover letter must indicate that all counsel have reviewed the proposed submission, and indicate whether or not they have an objection to the same.
When submitting documents or proposed Orders for the Court's consideration, a cover letter must be submitted, along with the documents or proposed Orders outlining the materials being directed to the Court and state the reasons for such submissions.
You may file exhibits together in one filing but must file an index with said filing that indicates the page
Once a motion is scheduled, subsequent motions may not be "piggybacked" or "cross- noticed" onto the time reserved for the first motion absent prior approval of the Court and the original scheduling attorney.
If you cancel a hearing you are required to file a Notice of Cancellation. You are also required to cancel the hearing on JACS. Any hearing cancelled in less than five (5) days before the hearing can only be cancelled by the JA.
The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case.
Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion.
Any party or attorney that wishes to attend a hearing via ZOOM will be responsible for the payment of their own ZOOM fees (if any) and ensuring the hearing notice reflects the ZOOM attendance is planned with the confirmation information.
Should the matter resolve, a proper notice of cancellation should be immediately filed and the hearing cancelled, along with the submission to the Court of an agreed order resolving the motion – subject to Court approval.
Filing & Service rules
Electronic Filing Rules
Hearings lasting 15 minutes or less must be scheduled through JACS.
All hearings 15 minutes or less in length must be scheduled through the Judicial Automated Calendaring System ("JACS").
Civil cases
Page 1 | SCHEDULING HEARINGS
Pretrial conference orders and competing orders should be emailed to the court’s pleadings address, while all other orders must be submitted through the e-portal.
Pretrial Conference Orders and competing orders should be emailed to kkylepleadings@ca.cjis20.org All other orders are to be submitted through the e-portal.
Civil cases
Page 2 | DOCUMENTS SUBMITTED TO COURT
All proposed orders must be submitted through the Florida Courts e-filing portal as proposed orders and in Word format only.
All proposed orders are to be submitted as “proposed orders” in the Florida Courts e-filing portal in word format only. https://www.myflcourtaccess.com/
Civil cases
Page 2 | DOCUMENTS SUBMITTED TO COURT
When a party objects to a proposed submission, both parties must send their competing orders or documents in the same email to the court, explain the objections, and copy all parties with the enclosures.
If there is an objection, both parties must submit their proposed Orders or documents in the same email to the Court, outlining the objections and copying all parties with enclosures.
Civil cases
Page 2 | DOCUMENTS SUBMITTED TO COURT
Filing Timing and Cure Windows
Unless the Court directs otherwise, jury instructions and verdict forms must be fully discussed and submitted before docket sounding.
Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding.
Page 1 | JURY INSTRUCTIONS & VERDICT FORM
Deposition designations must be made and discussed at least ten business days before docket sounding.
Deposition designations must be made and discussed at least ten business days in advance of docket sounding.
Page 1 | DEPOSITION TRANSCRIPTS
All exhibits must be marked and exchanged at least five full business days before docket sounding.
ALL EXHIBITS SHALL BE MARKED AND EXCHANGED AT LEAST FIVE FULL BUSINESS DAYS PRIOR TO DOCKET SOUNDING.
Page 1 | EXHIBITS
New counsel must file a notice of appearance before the scheduled case management conference and appear at that conference by Zoom.
If new counsel is obtained by Plaintiff, _________________, the new counsel must file a notice of appearance prior to the Case Management Conference scheduled for Monday, ____________ at _______ a.m. and appear by zoom.
Page 1 | Case Management Conference
A withdrawing represented party has 30 days from the order's date to retain new counsel, and all pending matters are stayed or abated during that period.
Plaintiff, __________________, shall have thirty (30) days from the date of this order to retain new counsel. All pending matters in this cause are temporarily stayed or otherwise abated for said period.
Page 1 | Pro Se Litigant Responsibilities and Time to Retain New Counsel
All parties must file and exchange or serve witness, exhibit, and other documentary-evidence lists at least 10 days before the hearing.
All parties shall file and exchange/serve a list of witnesses, exhibits, or any other documentary evidence that will be used at said hearing at least ten days prior to the hearing.
Civil cases
Page 1 | Witness/Exhibit Lists
An evidentiary hearing or trial on unliquidated damages requires at least 30 days' notice and must be set by court order.
Any such hearing is technically a trial which requires at least thirty days notice pursuant to Fla. R. Civ. Pro. 1.440(c) and must be set by order of the Court.
Civil cases
Page 1 | Order Setting Evidentiary Final Hearing/Trial
Exhibits for evidentiary proceedings must be filed with the clerk three business days before the court proceeding.
File exhibits in the clerk’s file three (3) business days before your court proceedings.
Civil cases
Page 2 | EXHIBITS
The 30-day stay or abatement period ends early if the party files a notice of self-representation or an authorized attorney files a notice of appearance or other pleading.
Said period shall expire early in the event the pro se party files a notice of intention to represent him/herself during the thirty (30) day period or if a licensed attorney in good standing authorized to practice law in the State of Florida files a notice of appearance or other pleading on the party’s behalf.
Page 1 | Pro Se Litigant Responsibilities and Time to Retain New Counsel
An untimely witness or exhibit list may be excluded when an appropriate and timely objection is raised.
Untimely submissions may not be considered if an appropriate and timely objection is raised.
Civil cases
Page 1 | Witness/Exhibit Lists
A Zoom participant should log in five to ten minutes before the hearing to allow time to address connection problems.
If attending a hearing, you should log into ZOOM at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any.
Civil cases
Page 1 | APPEARANCES THROUGH ZOOM FOR MOTION CALENDAR ONLY
The arbitrator must provide the parties a written decision within 10 days after the final adjournment of the arbitration hearing.
Within 10 days of the final adjournment of the arbitration hearing, the arbitrator(s) shall provide the parties with a written decision pursuant to Florida Statutes, Section 44.103(5).
Civil cases
Page 1 | ORDER/REFERRAL TO NON-BINDING ARBITRATION
The parties must submit case summaries to each arbitrator at least 10 days before the arbitration hearing.
The parties shall submit case summaries to each arbitrator at least 10 days prior to the hearing.
Civil cases
Page 1 | ORDER/REFERRAL TO NON-BINDING ARBITRATION
Service and Proof of Service Rules
The filing includes a certificate of service stating that conformed copies were mailed pursuant to Florida Rule of Civil Procedure 1.080.
CERTIFICATE OF SERVICE Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, conformed copies have been mailed this ______day of _________, _____, to the following:
Page 1 | CERTIFICATE OF SERVICE
The order must be served electronically to all parties and counsel of record through the E-portal at their designated email addresses.
cc: All parties/counsel of record by e-service via the E-portal, care of all designated e-mail addresses of record at the time of service.
Civil cases
Page 1 | ORDER CONTINUING/ROLLING TRIAL TO THE NEXT IMMEDIATE TRIAL PERIOD/DOCKET THAT IS AT LEAST THIRTY DAYS OUT FROM WHEN THE FLORIDA SUPREME COURT AUTHORIZES THE RESUMPTION OF CIVIL JURY TRIALS
Courtesy Copy Requirements
Courtesy copies of hearing notices, motions, and proposed orders must not be sent in advance.
• Please do not send courtesy copies of hearing notices, motions or proposed orders in advance.
Civil cases
Page 1 | NOTICE
Motions for rehearing or new trial must be submitted in writing, and courtesy copies may be emailed to the court’s pleadings address.
• Motions for Rehearing and/or Motions for New Trial must be submitted to the Court in writing. The Court will then decide whether a hearing will be granted. Courtesy copies the motion may be emailed to kkylepleadings@ca.cjis20.org.
Civil cases
Page 2 | NOTE THE FOLLOWING
Filing Bundling Requirements
Exhibits may be filed together in one filing, but the filing must include an index identifying the exhibit pages.
You may file exhibits together in one filing but must file an index with said filing that indicates the page
Civil cases
Page 2 | EXHIBITS
Adjournment & Extension Requirements
Continuances are rarely granted and require both an unanticipated event and a showing of good cause.
Continuances will rarely be granted, and then only upon a showing of an unanticipated event and good cause.
Civil cases
Page 3 | CONTINUANCES
A continuance stipulation must be signed by all counsel and parties, submitted to the court with the reasons for the continuance, and does not postpone the hearing unless the court enters an order granting it.
A stipulation must be signed by all counsel and all parties and shall be submitted to the Court detailing the reasons a continuance is necessary. The Judge will determine if a hearing is required. All parties shall continue to prepare to attend as scheduled unless an Order is entered granting a continuance.
Civil cases
Page 3 | STIPULATIONS
Continuances will not be granted based on lack of preparation, failure to timely file witness or exhibit lists, witness unavailability, or similar grounds.
Continuances will not be granted based upon lack of preparation, failure to timely file a witness/exhibit list, unavailability of witnesses, et cetera.
Civil cases
Page 1 | Witness/Exhibit Lists
Any court-approved extension of the arbitration deadline may not exceed 60 days from the first arbitration hearing.
No extension of time shall be for a period exceeding 60 days from the date of the first arbitration hearing.
Civil cases
Page 1 | ORDER/REFERRAL TO NON-BINDING ARBITRATION
Arbitration must be completed within 30 days after the first hearing unless the court extends the deadline on motion by the Chief Arbitrator or a party.
Arbitration shall be completed within 30 days of the first arbitration hearing unless extended by Order of the Court on motion of the Chief Arbitrator or of a party.
Civil cases
Page 1 | ORDER/REFERRAL TO NON-BINDING ARBITRATION
Chambers Communication Rules
The cancellation notice must first be filed with the court clerk, with copies sent to all parties, counsel of record, and the judge's office by email as soon as counsel learns of the cancellation.
Said notice should first be filed with the Clerk of the Court, with copies being provided to all parties and counsel of record, as well as the Judge's office (via email at strask@ca.cjis20.org ), as soon as counsel becomes aware that the hearing is to be cancelled.
Civil cases
Page 3 | CANCELLATIONS
A hearing- or voice-impaired person seeking an ADA accommodation should call 711.
if you are hearing or voice impaired, call 711
Civil cases
Page 1 | Americans with Disability Act
You must contact Brooke Dean at least 7 days before your scheduled court appearance, or immediately upon receiving the notification if fewer than 7 days remain.
Please contact Brooke Dean, Operations Division Manager, whose office is located at the Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901, and whose telephone number is 239-533-1711, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days
Civil cases
Page 1 | Americans with Disability Act
Special-set hearings lasting at least 15 minutes must be requested by email to the Judicial Assistant, with all counsel copied and the motion types and needed time specified.
For all hearings 15 minutes or longer that need to be special set, please email the Judicial Assistant (“JA”) at strask@ca.cjis20.org , cc all counsel of record on the email, and provide the type of motion(s) to be scheduled and how much time is needed.
Civil cases
Page 1 | SCHEDULING HEARINGS
Special-set hearings are in person unless the court approves a Zoom request submitted by email to the Judicial Assistant, after which all parties must appear by Zoom.
Special set hearings are in person. If you wish the hearing to be conducted via ZOOM, the request must be made via email to the JA (when coordinating the hearing), and then approved by the Court. If the appearance via ZOOM is confirmed, then all parties for that hearing must appear via ZOOM.
Civil cases
Page 1 | SCHEDULING HEARINGS
The listed phone number for Judicial Assistant Sherian is (239) 533-9180.
Judicial Assistant Sherian Phone (239) 533-9180
Page 1 | The Honorable Keith R. Kyle
The listed fax number is (239) 485-2587.
Fax (239) 485-2587
Page 1 | The Honorable Keith R. Kyle