Judge Rachael Loukonen
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not required
Exception to Magistrates Recommended Order
Hearing Documents
- Email • No Later Than 5 Days Before Hearing
Motion Rehearing
- Upon Filing
Adjournments
- Deadline extensions are disfavored and may be granted only for good cause with court approval; seeking an extension does not toll other deadlines.
- A case-management extension motion must state the basis and discovery date of the need, opposition status, requested and agreed-upon date, and action plan with specific dates.
- Case-management deadlines are strictly enforced unless the court changes them by order.
Request must include
Communication
Chambers
Phone
Phone
Clerk
Clerk
Phone
Court-wideDuty Judge
Page & Word Limits5 rules
No party should file a motion in excess of twenty (20) pages in length (12-point font, double-spaced).
- Motion
- Up to 20 pages
- Format
- Double-spaced; 12-point
Likewise, any opposition should not exceed twenty (20) pages in length (12-point font, double-spaced).
- Opposition
- Up to 20 pages
- Format
- Double-spaced; 12-point
The movant may file a reply brief not to exceed 7 pages in length with pinpoint citations to the record within 10 days after service of the response.
- Reply brief
- Up to 7 pages
An opposition to a motion for summary judgment must include a memorandum of law and a specifically captioned section titled, “Response to Statement of Material Facts” in a single document not to exceed 25 pages in length.
- Page limit
- Up to 25 pages
- Summary judgment motions
All motions for summary judgment must include a memorandum of law in support and a specifically captioned section titled, “Statement of Material Facts” in a single document not to exceed 25 pages in length.
- Page limit
- Up to 25 pages
- Summary judgment motions
Document Format Requirements5 rules
If your motion plus exhibits exceeds 50 megabytes, you must separate the large document into multiple documents each under 50MB.
The maximum file size for documents filed with the Court is 50 megabytes for each submission.
Each exhibit must be saved as PDF/A, combined into one reduced-file PDF/A binder, and separately identified with PDF bookmarks; physical exhibits require placeholders, and optical character recognition is encouraged when possible.
- File type
- PDF/A
Formatting
- •Combine the individual exhibits into a single PDF file electronic exhibit binder
Court's wording
Each separate exhibit must be saved as a PDF/A document and then combined with the other exhibits into a single PDF file. The single PDF file is the electronic exhibit binder. Within the single PDF file (electronic exhibit binder), counsel must identify each exhibit separately using PDF bookmarks. If an exhibit is physical evidence, counsel should insert a placeholder exhibit that states, "Exhibit [Number] is [description of exhibit]." When possible, counsel should scan an exhibit for the electronic exhibit binder with optical character recognition. The electronic exhibit binder must be saved in reduced-file format (PDF/A).
Before any trial or hearing, counsel for each party must pre-mark exhibits using numbers for Plaintiffs and letters for Defendants. Each exhibit must contain the case style, case number, and exhibit number/letter as shown below (Avery 5366 works well and is preferred):
Formatting
- •Use Avery 5366 exhibit labels, which are preferred
Each exhibit label must be placed on the front, bottom right corner of the document whenever possible and so long as none of the document is hidden behind the label.
Document Filing Requirements26 rules
If the parties file a stipulation for dismissal, the parties shall also submit a proposed Order of Dismissal to the Court.
- Document
- Stipulation for dismissal
Must include
- •Proposed order
A motion with exhibits must include an index to the exhibits that lists the exhibits, gives the title of each exhibit, and the page number where the exhibit is located in the filing. You may file the exhibit index separately or include it at the end of your motion.
- Document
- Motion
Must include
- •Exhibit list
At the end of the motion and above the signature block, the movant must include substantially the prescribed Rule 1.202 certification of conferral.
- Document
- Motion
- Placement
- Signature block
Must include
- •Certificate of conference
Court's wording
Rule 1.202 requires a certification by the movant that either they participated in a good faith discussion concerning the relief requested in the motion, or they could not establish a dialogue despite good faith efforts to do so. At the end of the motion and above the signature block, the movant must include a certification of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].” OR “I certify that conferral prior to filing is not required under rule 1.202.”
Each denial must set forth a pinpoint citation to the record where the fact is disputed.
The statement of material facts must list each material fact alleged not to be disputed in separate, numbered paragraphs.
An opposition to a motion for summary judgment must include a memorandum of law and a specifically captioned section titled, “Response to Statement of Material Facts” in a single document not to exceed 25 pages in length.
- Document
- Summary judgment opposition brief
Must include
- •Response to Statement of Material Facts
The opposition must admit or deny each movant’s material-fact assertion using matching numbered paragraphs.
Court's wording
The opposing party’s response to the statement of material facts must mirror the statement of material facts by admitting and/or denying each of the moving party’s assertions in matching numbered paragraphs.
All motions for summary judgment must include a memorandum of law in support and a specifically captioned section titled, “Statement of Material Facts” in a single document not to exceed 25 pages in length.
- Document
- Summary judgment motion brief
Must include
- •Statement of Material Facts
Each fact must be supported by a pinpoint citation to the specific part of the record relied on to support that fact.
Include all parties on your email. State the case number, identify the party you represent, the title of the motion(s) that you need set, the date the motion was filed with the Court, and the amount of time you are requesting.
Once a hearing is scheduled, a Notice of Hearing containing all listed scheduling information must be filed with the court.
Court's wording
In compliance with the 20th Circuit’s Standards of Professional Courtesy and Conduct (Admin. Ord. 2.20), a Notice of Hearing containing the following information must be filed with the Court once a hearing is scheduled:
Any objection to the Magistrate must be filed in the court file.
The request shall include a cover letter setting forth the basis for the emergency, providing the amount of time needed for hearing, and enclosing a copy of the subject motion as filed with the Clerk.
When uploading proposed orders, you will be required to provide a cover letter stating whether the proposed order is opposed or unopposed.
- Document
- Cover letter
Must include
- •Proposed order
All exhibits must be pre-marked for identification, and the parties must include an index listing all proposed exhibits with the exhibit numbers or letters.
Should __________(Party)__________ proceed in this matter as a pro se litigant, the Court hereby orders and instructs __________(Party)__________ to complete and file a “Designation of Current Mailing and E-Mail Address” with the Clerk of Court.
PLEASE NOTE: Your JACS Confirmation Number MUST be on your Notice of Hearing. If you have not received a JACS Confirmation Number, your hearing time has not been reserved.
A Notice of Hearing must identify the Zoom hearing, provide Judge Loukonen’s Zoom meeting ID, and include the Zoom attachment.
Court's wording
The Notice of Hearing MUST clearly indicate that the hearing will be via Zoom https://zoom.us/join and will need to list Judge Loukonen's Zoom meeting ID, which is 983 397 1054. We also have a Zoom Attachment to be included with your Notice of Hearing, see link for attachment. https://www.ca.cjis20.org/pdf/judge/JudgeLoukonenZoomInformation.pdf
If a motion is unopposed, include “unopposed” in the title of the motion.
- Document
- Unopposed motion
Include
- •Unopposed
Upon filing the unopposed motion, you should immediately provide Judge Loukonen with a proposed agreed order.
In the email, please state the case number, identify the party you represent, give the title of the motion(s) at issue, and the date and time of the hearing.
When citing to the record, a general reference to a deposition is inadequate—the docket entry and page and line number of the deposition transcript must be included.
Before obtaining hearing time with Magistrate Bernardo, please obtain agreement from the other party or parties on proceeding before the Magistrate.
The cover letter accompanying the courtesy copy must state the amount of time needed for a hearing on the exceptions.
Court's wording
If an Exception to the Magistrate’s Recommended Order is filed, please provide a courtesy copy to Judge Loukonen’s office along with a cover letter stating the time needed for a hearing on the Exceptions.
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.
A proposed order's Document Title must begin with the case number in the specified two-digit-year format without leading zeros, while emergency or time-sensitive orders must prefix the title with “emergency or urgent.”
Court's wording
When you upload proposed orders, please put the case number first in the “Document Title” field on the “Add/Edit Document screen when you submit the order. Also, if your document is an emergency or time-sensitive, please put the word “emergency or urgent” before the case number in the “Document Title” field. Please use the following format for the case number, 20CA123, (two digit year, CA, CP, GA, or MH and case number with no leading zeros).
Filing & Service rules
Electronic Filing Rules
Proposed orders must be submitted through the Florida Courts e-filing portal.
Proposed orders must be submitted via the e-filing portal at https://www.myflcourtaccess.com/default.aspx.
Page 13 | Proposed Orders
Counsel must bring paper exhibit copies for in-person proceedings and file electronic exhibit copies for remote evidentiary hearings; the Clerk also requires a paper copy.
Because the electronic exhibit binder is only for Judge Loukonen, counsel must still bring separate paper copies for in- person proceedings, and must still file electronic copies for remote evidentiary hearings. The Clerk requires a paper copy of the exhibits.
Page 15 | Electronic exhibit binder
The filer must select “Proposed Documents” when e-filing a proposed order so it is routed appropriately.
When e-filing a proposed order, be sure to select “Proposed Documents” to ensure that that the order gets routed to us.
Civil cases
Page 1 | Proposed Orders
Proposed orders must be submitted through the My Florida Court Access e-filing portal.
Proposed Orders should now be submitted via the e-filing portal at https://www.myflcourtaccess.com/default.aspx.
Civil cases
Page 1 | Proposed Orders
Referral of a motion to Magistrate Bernardo is permitted through electronic filing of an Order of Referral to the General Magistrate.
Motions may be referred to the Magistrate upon submission of an Order of Referral to General Magistrate via the e-filing portal.
Page 10 | Motions Heard by Magistrate Bernardo
Exhibits intended for evidentiary use should be filed electronically or by mail with the clerk far in advance of the hearing so they can be entered into the court file.
If you have exhibits that you wish to introduce into evidence, THEY SHOULD BE FILED ELECTRONICALLY OR BY MAIL WITH THE CLERK OF COURT FAR IN ADVANCE OF THE HEARING, with sufficient time to be entered into the viewable Court file.
Court notice
Page 2 | Once in the hearing
Filing Timing and Cure Windows
Parties must file notices of conflict at least seven calendar days before docket sounding.
Parties must file notices of conflict at least seven (7) calendar days in advance of the docket sounding.
Page 3 | Docket Sounding
An agreed Pretrial Conference Order must be submitted at least seven calendar days before the conference, and the Court must have signed and entered an order approving it.
has been submitted to the Court at least seven (7) calendar days in advance of the scheduled Pretrial Conference and an Order approving the Pretrial Conference Order has been signed and entered by the Court.
Page 3 | Pretrial Conference
A proposed order may not be submitted before the hearing.
Do not submit proposed orders in advance of the hearing.
Page 13 | Proposed Orders
At least five business days before an evidentiary hearing, counsel and parties must exchange with each other and file all intended evidence and demonstrative aids.
At least five (5) business days before the evidentiary hearing, each counsel/party are required to exchange with each other, and file with the Court, all evidence and demonstrative aids to be introduced.
Page 14 | Remote (Zoom) Evidentiary Hearings
At least one day before trial or an evidentiary hearing, each party must deliver an electronic exhibit binder to Judge Loukonen’s Chambers by email or hand delivery.
At least one day before any trial or evidentiary hearing, each party must email or hand deliver an electronic exhibit binder to Judge Loukonen’s Chambers (Lee- Civil-DivisionI@ca.cjis20.org) that contains all individual exhibits and joint exhibits each party intends to introduce.
Page 14 | Electronic Exhibit Binders
Exhibits used in remote hearings must be electronically filed before the hearing.
Exhibits used for any remote hearings must be e-filed prior to the hearing.
Page 15 | Exhibit Index (Record of Exhibits)
The Motion will need to appear on the Clerk’s docket, before the order can be considered. Once the motion appears on the Clerk’s docket, you can submit the proposed order.
The Motion will need to appear on the Clerk’s docket, before the order can be considered. Once the motion appears on the Clerk’s docket, you can submit the proposed order.
Civil cases
Page 1 | Proposed Orders
A party filing exceptions without a full transcript must promptly file a notice designating the portions to be transcribed, and other parties must receive reasonable time after service to designate additional portions.
If the party filing exceptions has less than a full transcript of the proceeding before the General Magistrate prepared, that party must promptly file a notice designating the portions of the transcript that will be transcribed, and the other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider at the hearing.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE (Civil Matter)
Designated transcript portions must reach the court and all other parties at least 48 hours before the exceptions hearing.
The designated transcript portions must be delivered to the Court and all other parties at least 48 hours before the hearing.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE (Civil Matter)
A party objecting to referral to the magistrate must file the objection no later than the scheduled hearing date.
Any party wishing to object to the referral to the Magistrate must file a timely objection no later than the date of the scheduled hearing.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE (Civil Matter)
Exceptions to the magistrate's report and recommendation must be filed within 10 days after service.
Review of the Report and Recommendation made by the General Magistrate shall be by exceptions filed within 10 days after it is served, as provided in Rule 1.490(h), Florida Rules of Civil Procedure.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE (Civil Matter)
The ten-day period for filing an optional summary-judgment reply runs from service of the response.
The movant may file a reply brief not to exceed 7 pages in length with pinpoint citations to the record within 10 days after service of the response.
Page 7 | Motions for Summary Judgment
Exhibits should be submitted far enough in advance of the hearing to be entered into the viewable court file.
If you have exhibits that you wish to introduce into evidence, THEY SHOULD BE FILED ELECTRONICALLY OR BY MAIL WITH THE CLERK OF COURT FAR IN ADVANCE OF THE HEARING, with sufficient time to be entered into the viewable Court file.
Court notice
Page 2 | Once in the hearing
The general magistrate must file a report and recommendation containing findings of fact, conclusions of law, and a recommended ruling as soon as practicable.
As soon as practicable, the General Magistrate shall file a Report and Recommendation, that contains findings of fact, conclusions of law, and the recommendation as to a ruling by the Court
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE (Civil Matter)
A party may file cross-exceptions within 5 days after service of the exceptions.
Any party may file cross-exceptions within 5 days from the service of the exceptions.
Civil cases
Page 1 | ORDER OF REFERRAL TO GENERAL MAGISTRATE (Civil Matter)
Service and Proof of Service Rules
For parties without e-filing email service, the proposed order must state that a signed copy will be sent by regular mail.
If there are any parties in the case without an email address set up for electronic service through the e-filing portal, you must note this on the proposed order by confirming for the Court that you will be responsible for sending a signed copy by regular mail to these parties.
Page 13 | Proposed Orders
Exhibits must be marked and exchanged at least five business days before docket sounding or the evidentiary hearing.
All exhibits must be marked and exchanged at least five (5) business days prior to docket sounding or the evidentiary hearing.
Page 15 | Marking Exhibits
A signed copy must be sent by regular mail to any party lacking an email address for electronic service.
If there are any parties in the case without an email address set up for electronic service, you will be responsible for sending them a signed copy by regular mail.
Civil cases
Page 1 | Proposed Orders
The certificate of service records that a copy of the order was mailed to all parties or their represented counsel at their designated mailing addresses.
I certify that a copy of this document was mailed to all parties or counsel, if represented, as listed below, at their designated mailing addresses, on _____ day of _________________, 20_____.
Civil cases
Page 1 | CERTIFICATE OF SERVICE
Courtesy Copy Requirements
A courtesy copy must be submitted to the Court in Chambers when a Motion for Rehearing is filed.
Upon filing a Motion for Rehearing, a courtesy copy must be submitted to the Court for review and consideration in Chambers.
Page 8 | Motions for Rehearing
Courtesy copies of hearing notices must not be sent to the court.
Do not send courtesy copies of hearing notices to the Court.
Page 11 | Notice of Hearing
When cancelling a hearing, cancel it in JACS and email a courtesy copy of the Notice of Cancellation to the office.
If you are cancelling a hearing, please make sure you cancel the hearing in JACS and send a courtesy copy of your Notice of Cancellation to office at lee-civil-divisioni@ca.cjis20.org.
Civil cases
Page 1 | IMPORTANT INFORMATION
A courtesy copy of an exception to the magistrate’s recommended order must be provided to the judge’s office with a cover letter stating the hearing time needed.
If an Exception to the Magistrate’s Recommended Order is filed, please provide a courtesy copy to Judge Loukonen’s office along with a cover letter stating the time needed for a hearing on the Exceptions.
Page 11 | Motions
Parties may email a bookmarked PDF courtesy copy of hearing documents to Chambers no later than five days before the hearing.
Parties may provide courtesy copies of documents they intend to use for the hearing. No later than five (5) days before the scheduled hearing, a courtesy copy in PDF format with bookmarks should be emailed to Chambers at Lee-Civil-DivisionI@ca.cjis20.org.
Page 8 | Courtesy Copies via Email – Digital Binders
Pre-Motion Conference Requirements
Before filing a nondispositive motion or a motion listed under Rule 1.202(c), the movant must confer in good faith with opposing counsel, but the requirement does not apply to litigants without lawyers.
Before filing a non-dispositive motion or a motion listed under Rule 1.202(c), the moving party must confer with opposing counsel in a good-faith effort to resolve issues to be raised in the motion. Rule 1.202 does not apply to litigants without lawyers.
Page 6 | Rule 1.202 Certification of Conferral
Adjournment & Extension Requirements
Deadline extensions are disfavored and may be granted only for good cause with court approval; seeking an extension does not toll other deadlines.
Motions to extend deadlines are disfavored. Deadlines are strictly enforced and may be modified only for good cause and with the court's approval. Moving to extend a deadline does not toll the time to comply with other deadlines set by rule or order.
Page 2 | Strict Enforcement of Deadlines
A case-management extension motion must state the basis and discovery date of the need, opposition status, requested and agreed-upon date, and action plan with specific dates.
Any motion to extend a case management deadline must specify: (i) the basis of the need for an extension and when the basis became known to the movant; (ii) whether the motion is opposed; (iii) the specific date to which the movant is requesting the deadline be extended and whether the extended date is agreed upon by all parties; and (iv) the action and specific dates for the action that will enable the movant to meet the proposed extended deadline.
Page 8 | Motions to Extend a Case Management Deadline
Case-management deadlines are strictly enforced unless the court changes them by order.
Deadlines in the case management order will be strictly enforced unless changed by court order.
Page 8 | Motions to Extend a Case Management Deadline
Chambers Communication Rules
An email to Chambers must state the case number, identify the sender and represented party, disclose whether opposing counsel was consulted, and explain the reason for contacting Chambers.
When contacting Chambers, please provide: (1) the case number in the subject line and body of the email, (2) your name and party you represent, (3) whether opposing counsel has been consulted, and (4) why you are contacting Chambers.
Page 1 | Contacting Chambers
Every email to Chambers must copy all parties.
All parties must be copied on emails.
Page 1 | Contacting Chambers
After coordinating a hearing date and time, contact the Magistrate's Assistant at the stated number to place the hearing on the Magistrate's calendar.
Once you have coordinated a date and time, you must contact the Magistrate’s Assistant at (239) 533-2654 to place the hearing on the Magistrate’s calendar.
Page 10 | Motions Heard by Magistrate Bernardo
Hearings requiring at least 45 minutes must be scheduled through the Judicial Assistant by email request to Chambers.
Hearings requiring forty-five (45) minutes or more shall be scheduled directly with the Judicial Assistant. To request hearing time, please email Chambers at Lee-Civil-DivisionI@ca.cjis20.org.
Page 10 | Extended Hearings (45 Minutes or More)
Requests for emergency hearings must be emailed to Judge Loukonen at Lee-Civil-DivisionI@ca.cjis20.org.
Request for emergency hearings must be submitted to Judge Loukonen via email (Lee-Civil-DivisionI@ca.cjis20.org).
Page 11 | Emergency Hearings
Before contacting Chambers, counsel and pro se litigants must review the judge’s preferences, the docket, and the applicable Florida civil and general practice rules.
Before contacting Chambers, counsel and litigants without lawyers must review Judge Loukonen’s preferences, the docket, and the Florida Rules of Civil Procedure and Florida Rules of General Practice and Judicial Administration.
Page 1 | Contacting Chambers
Counsel and pro se litigants may email the judge’s Judicial Assistant about scheduling, the judge’s preferences, and other non-substantive matters.
Counsel of record and litigants without lawyers may contact Judge Loukonen’s Judicial Assistant, Missy, via email at Lee-Civil-DivisionI@ca.cjis20.org about Judge Loukonen’s preferences, scheduling, and other non-substantive matters.
Page 1 | Contacting Chambers
The Judicial Assistant will not address case merits, provide legal advice, interpret rules, explain orders, or give time estimates on orders.
Judge Loukonen’s Judicial Assistant will not communicate concerning the merits of any case nor give legal advice, interpret Florida Rules, explain court orders, or provide time estimates on orders.
Page 1 | Contacting Chambers
Email the JACS Administrator about scheduling-application issues, noting that the administrator does not schedule hearings.
If you have issues with the scheduling application, please email the JACS Administrator at JACSLee@ca.cjis20.org.
Page 9 | Scheduling with JACS (Judicial Automated Calendaring System)
Request JACS login assistance by emailing the JACS Administrator and providing the user's bar number.
If you are unable to successfully log in, send an email with your bar number to JACSLee@ca.cjis20.org.
Page 10 | Scheduling with JACS (Judicial Automated Calendaring System)
E-filing assistance and training may be obtained through the listed resources, the local Clerk's Office, or 850-577-4609.
If you need assistance with e-filing, please visit https://www.youtube.com/user/FLCrtsEFilingPortal/ or https://www.myflcourtaccess.com/authority/trainingvideos.html or https://www.myflcourtaccess.com/authority/trainingmanuals.html or contact your local Clerk’s Office to request training sessions or contact 850-577-4609 to request training.
Civil cases
Page 1 | Proposed Orders
E-filing problems may be reported through the My Florida Court Access Contact Us webpage.
If you are having a problem with e-filing, please visit https://www.myflcourtaccess.com/Common/UIPages/Contactus.aspx.
Civil cases
Page 1 | Proposed Orders