AF Divisional Instructions

AF Divisional Instructions

TABLE OF CONTENTS

The procedures detailed below are those which Judge Bell has found best ensure Due Process for all parties, and reasonable, prompt resolution of most cases. If your case is better served with different procedures, please file a Motion and the Court will of course consider your individualized request.

I. Case Management Orders and Deadlines

Consistent with the directives of the Florida Supreme Court and pursuant to the 15th Judicial Circuit's Administrative Order 3.110, all cases in all Circuit Civil Divisions filed as of January 1, 2023 are subject to one of the three standard Differentiated Case Management Orders (DCMO):

1. Jury Trial - General Track (DCMGJT):

   Order implementing Differentiated Case Management Plan, Designating Case to the general track, order setting calendar call and case management conference and directing pretrial and mediation procedures.

   Cases on this track are to be resolved within 18 months from the initial filing of the complaint.

2. Non-Jury Trial - Streamlined Track (DCMSNT):

   Order implementing Differentiated Case Management plan, designating case to the streamlined track, order setting calendar call and case management conference and directing pretrial and mediation procedures.

   Cases on this track are to be resolved within 12 months from the initial filing of the complaint.

3. Non-Jury Trial – Expedited Track (DCMENT):

   Order implementing Differentiated Case Management plan designating case to the expedited track, order setting calendar call and case management conference and directing pretrial procedures.

   Cases on this track are to be resolved within 8 months from the initial filing of the complaint.

For Division AF, the Case Management Conference/Calendar Call/Trial Ready date in the DCMO is the Calendar Call date. Please note that, absent Court order setting otherwise, all parties are expected to comply with the deadlines in the DCMO, and to be trial ready by Calendar Call.

For modifications to DCMO deadlines for 1) close of discovery; 2) filing of dispositive and Daubert motions; and 3) change of trial ready/calendar call dates, parties must set the matter for hearing and, consistent with the DCMO, be prepared to show a good faith attempt to comply with deadlines and good cause for any requested change.

For all other changes to interim DCMO deadlines, parties may submit agreed Orders without a hearing.

Return to top

II. Hearings

The Court is not automatically advised when a party files a Motion. Other than Motions for Reconsideration or Rehearing or Emergency Motions, it is up to the parties to set all Motions for hearing. Unless otherwise provided by law, the mere filing of a Motion does not stay the case, change other case management deadlines, or provide the relief sought in the Motion.

Consistent with the DCMO's, parties must expeditiously address any motions directed to the pleadings. Defensive motions under Florida Rules of Civil Procedure (floridabar.org) Rule 1.140, motions to extend time to file a defensive motion or pleading, and any other motion preventing the matter from being at issue shall be set for hearing within five (5) days of filing. The motion should be scheduled for hearing at the earliest date that the Court and parties are available.

Any other Motions should be set for hearing either on the Court's UMC docket or as a Special Set Hearing within thirty (30) days of filing. The motion should be scheduled for hearing at the earliest date that the Court and parties are available. Undue delays in setting Motions for resolution will not be a basis for extending other case-related deadlines.

Please follow the scheduling procedures for UMC and Special Set Hearings set forth below.

1. Meet and Confer Required

   In an effort to eliminate unnecessary hearings, mandatory compliance with Local Rule #4 is strictly enforced. Attorneys are required to make reasonable efforts to speak to one another and engage in reasonable compromises to resolve or narrow the disputes before seeking court intervention. All hearing notices shall include a certificate of good faith effort to resolve the issue and avoid the need for a hearing.

   Return to top

2. Courtroom Decorum

   Please be mindful that a courtroom is a formal, respectful forum. The Court expects all counsel, parties, witnesses and jurors to refer to each other by last names. Please do not interrupt opposing counsel when they are presenting their position – the Court will ensure that every side has a full opportunity to be heard. Please refrain from personal attacks on counsel, parties and witnesses. Effective advocacy is always grounded in professionalism and courtesy.

   Return to top

3. Every Hearing Includes Case Management

   At every UMC and Special Set Hearing, the parties should be prepared to address issues impacting trial readiness, including the scheduling of pending or expected motions and discovery scheduling issues.

   Return to top

4. Uniform Motion Calendar

   Uniform Motion Calendar ("UMC") hearings are held Tuesday, Wednesday and Thursday at 8:30 A.M. REMOTELY (via the Zoom link and Guidelines on the Division AF Home Page).

   1. Scheduling UMC Hearings

      Judge Bell understands the importance of parties being able to have timely opportunities to appear before her for UMC Hearings. In Division AF, unless the Court is suspended, the Court has 45 UMC slots available every week directly through the Court's Online System. In the event there are no online slots available, you may contact the JA via email at CAD-DivisionAF@pbcgov.org, with all parties copied, and she will add you to the calendar. Please do not contact the JA until after you have confirmed in the online system that there are no slots available for your hearing. Please do not reply to all and include the JA in threads between counsel.

      UMC is strictly for non-evidentiary Motions which can be heard in a total of 10 minutes (no more than 5 minutes per side).

      Before scheduling, the moving party must file their Motion and meet and confer with opposing counsel in compliance with Local Rule #4 (see above). If the parties are unable to resolve their differences, the parties shall coordinate and agree upon a date and time for the hearing.

      Once the parties have agreed upon a date and time, the moving attorney/pro se party should reserve the timeslot in Court's Online System. Immediately upon reserving the timeslot in the Court's Online System, the moving attorney/pro se party should file a Notice of Hearing. After the Notice of Hearing is filed, the moving attorney/pro se party should upload a copy of the filed Notice of Hearing and the filed Motion to E-Courtesy on the Court's Online System for the Court's review.

      Unless the parties have agreed to shorter notice, all Notices of Hearing must be filed at least five (5) days prior to the scheduled hearing.

      The Court will allow a moving party to set a matter unilaterally if the moving party is unable to coordinate with all pertinent participants after at least three attempts at least 24 hours apart over the course of at least one week, and with at least two (2) weeks notice after service to all other pertinent participants. Proof of such attempts and proof of notice is required.

      Return to top

   2. Submission of Materials for UMC Hearings

      The Court reviews all submitted materials in advance of hearings.

      For UMC hearings, Division AF accepts submissions ONLY through E-Courtesy on the Court's Online System. At least three (3) business days before each hearing, please upload in E-Courtesy copies of: 1) the Notice of Hearing; 2) the Motion to be heard; 3) Responses, Replies and other Opposition Memoranda and 4) key cases and/or exhibits (highlights are appreciated) that would assist the Court with resolving the issue.

      As the issues raised at UMC hearings should be limited, the parties should make best efforts to restrict Motions and Responses to no more than 5 pages each.

      The Court does not accept hard copies or courtesy emails of documents for UMC hearings, other than those presented for in camera review.

      PLEASE DO NOT SUBMIT PROPOSED ORDERS IN ADVANCE OF THE HEARING. THEY WILL BE REJECTED AND RETURNED UNSIGNED.

      Return to top

   3. Cancelation of UMC Hearings

      Please give your colleagues and the Court the courtesy of timely canceling when a hearing is no longer needed. To cancel a hearing scheduled for UMC, you must file a Notice of Cancelation and then log in to the Court's Online System, select "Uniform Motion Calendar (UMC) Scheduling;" select "Cancel Hearings" and follow the directions on the screen. In addition, please send an email with the Notice of Cancelation to the JA at CAD-DivisionAF@pbcgov.org, with all parties copied.

   Return to top

5. Special Set Hearings

   The Court hears Special Set matters on Mondays from 9:00 a.m. – 5:00 p.m, and otherwise as the Court is able.

   The Court reviews all hearing materials in advance. Please keep this in mind when estimating the amount of hearing time you request.

   Special Set Hearings are scheduled via Court Order, not Notice of Hearing. Chambers will issue the Order Setting Hearing once the hearing date and time have been confirmed.

   1. Scheduling Special Set Hearings

      All Special Set Hearings in Division AF are scheduled through the JA. This allows the Court to prioritize and make available additional time-slots.

      Special Set Hearings of 15 minutes are held via Zoom. All other Special Set Hearings are held in person absent Court order (see the Zoom link and Guidelines on the Division AF Home Page).

      To obtain Special Set dates and times for hearings less than 4 hours, the parties may contact the JA via email at CAD-DivisionAF@pbcgov.org with all parties copied. Please ensure the subject line of your email includes the case name and case number, and that your request includes a copy of the Motion(s), the amount of time needed for the hearing, and any pending calendar call/trial dates. The JA will then send the parties 3-5 dates and times when the Court has availability. The parties should make every effort to accept the special set slots offered. Please do not reply to all and involve the JA in threads between counsel.

      If the parties are unavailable at the times offered by the Court, or if the requested hearing is for 4 hours or longer, the JA will issue an Order scheduling the matter on the Court's next Short Call Docket. The Short Call Docket will be heard at 10:00 A.M. on the day of the next Calendar Call docket. At that time, the parties will confirm their conflicts for the Court's next trial period, and will be on call for hearing on their Motion for that time period. Please see the AF Trial Docket for more information.

      Return to top

   2. Submission of Materials for Special Set Hearings

      The Court appreciates both E-Courtesy and hard copies of all materials in support of Specially Set Matters. (Please note: this is different from UMC hearings where only E-Courtesy is accepted.)

      Electronic copies should be submitted via E-courtesy on the Court's Online System

      Please provide hard copies to chambers by postal system (USPS, Fed-Express, UPS etc.) or hand delivered to the 1st floor drop-box. Please keep in mind that the Court's security procedures slow delivery, sometimes by an extra day or two beyond what may be expected, including materials left at the drop box. Where possible, the parties should meet and confer and submit one joint binder with all pertinent hard copy materials for the Court's consideration.

      All materials, both E-Courtesy and hard copies, should be submitted at least five (5) business days before each hearing, and should include: 1) the Notice of Hearing; 2) the Motion(s) to be heard; 3) Responses, Replies and other Opposition Memoranda; 4) a copy of the operative complaint (for Motions to Dismiss and Motions for Summary Judgment) and 5) key cases and/or exhibits (highlights are appreciated) that would assist the Court with resolving the issue.

      The Court does not accept courtesy copies of any documents for Special Set Hearings via email.

      While responsive memoranda are not required, they are highly appreciated and greatly cut down the length of hearings.

      All legal authority and visual aids should be shared with opposing counsel prior to the hearing. The Court will consider adjourning the hearing or sanctioning any parties who do not give adequate prior notice of these materials to opposing parties and the Court.

      Return to top

   3. Evidentiary Special Set Hearings

      Parties must notify the JA at the time of scheduling if a Special Set Hearing will be evidentiary in nature. Parties must coordinate the pre-hearing exchange of witness lists, exhibit lists, evidence and, if necessary, the taking of depositions. If there are any pre-hearing issues, please set the matter for hearing on the Court's UMC docket so they can resolved prior to the scheduled hearing date.

      In fairness to all parties and to prevent Due Process concerns, absent good cause or agreement of the parties, any evidentiary materials not provided to all other parties and the Court at least three (3) days in advance of the hearing will not be considered by the Court. Of course, all parties shall make best efforts to provide evidentiary materials well in advance of this deadline. The Court may consider adjourning the hearing or sanctioning any parties who do not give adequate prior notice to opposing parties and the Court.

      1. Exhibits

         All exhibits must be premarked, in hard copy, in accordance with the instructions of the Clerk and Comptroller. Evidence - Civil: Pre-Marking Guidelines  (mypalmbeachclerk.com).

      If witnesses are appearing remotely, counsel must be able to use Zoom adeptly for evidence presentation, impeachment, and refreshing recollection.

   4. Canceling Special Set Hearings

      Because of the volume of cases in the Division, Special Set Hearing time is at a premium. All Special Set Hearings are set by Court Order (not by Notice of Hearing) and cannot be canceled except by further Court Order, unless: 1) the matter is settled (with an agreed order submitted to the Court); 2) the Motion is withdrawn (with a copy of the notice of withdrawal furnished to the Court); 3) or the parties are seeking a continuance more than three (3) weeks prior to the hearing. In those instances, the parties may advise the Court via email of the cancelation and will be directed to file a Notice Canceling the Hearing. All other requests for cancelation or continuance of a Special Set hearing are via Motion and must be set for hearing on the UMC docket.

      Return to top

6. Case Management Conferences/DCM CMC

   Division AF does not utilize the DCM Case Management Conference on the online scheduling portal. Parties may schedule a Case Management Conference on the UMC docket or, if more time is needed, as a Special Set Hearing.

   Consistent with the DCMO's, no less than ten (10) days in advance of the DCM Case Management Conference the parties must file with the Clerk of Court a Joint Status Report that: 1. Concisely updates the Court on the status of the case, 2. Identifies pending motions and other matters the Court needs to address, and 3. If applicable, provides a proposed revised pretrial schedule. The parties must upload the Joint Status report at least 7 days in advance of a DCM Case Management Conference through the e-courtesy feature of the Circuit's Online Scheduling System. The parties are to be prepared at the DCM Case Management Conference to address the topics listed in Rule 1.200(a) and for the Court, at its discretion, to hear or set for hearing any pending motions.

Return to top

III. Calendar Call and Trial/Short Call Dockets

Calendar Call dockets are held approximately every six weeks on Wednesday mornings at 9:00 A.M. REMOTELY (via the Zoom link and Guidelines on the Division AF Home Page)

Calendar Call and Trial Short Call Docket Dates are set forth on the Division AF's Home Page.

For Division AF, the Case Management Conference and Calendar Call date in the DCMO is the Calendar Call date. Please note that, absent Court order setting otherwise, all parties are expected to be trial ready by Calendar Call.

1. Calendar Call Guidelines

   At Calendar Call, counsel should be prepared to advise the Court that they are trial ready, which means that the parties have 1) attended mediation; 2) filed a joint pretrial stipulation with exhibit and witness lists attached; and 3) set or have already had heard all pending Motions that need to be heard prior to trial. Counsel must also be prepared to confirm whether the case is jury or non-jury, and to advise the Court of the number of days anticipated for trial and the number of potential jurors requested for the venire. Unless an enlarged panel has previously been requested, the maximum is 31.

   In addition, all counsel should be prepared to advise the Court of any counsel conflicts during the trial period. These are limited to 1) trials and arbitrations set for a date certain in another court; 2) pre-paid vacations; 3) life events; and 4) personal or familial medical issues. The Court will not set the matter for trial on any attorney conflict dates. Counsel may also advise the Court of conflicts of litigants and witnesses, which will be noted as preferences.

   Return to top

2. Short Call Docket

   At 10:00 A.M. on days when the Court conducts its trial calendar call, the Court also will conduct a calendar call for Motions needing hearings of 4 hours or more, or Motions for which the parties have been unavailable for hearing on other dates offered by the Court. All parties should be prepared to advise the Court of counsel conflicts, as described above. These Motions will be added to the Court's Trial Docket. Please see the AF Trial Docket for more information.

   Return to top

3. Enlarged Jury Panels

   Requests for Jury Panels of more than 31 must be made as soon as the parties become aware of the need for an enlarged panel, and in all cases at least six months prior to the Calendar Call date. The requests must be made via Motion and scheduled for hearing on the Court's UMC docket or as part of a Case Management Conference.

Return to top

IV. Submission of Orders

1. General Guidelines - Formatting

   When submitting an Order in the Court's Online System, please fill in all fields, including the date of the hearing and a complete title of the order instead of just "Order" or "Final Judgment". If the field is left blank, it will be auto-filled with "Proposed Order" which makes it difficult for the Court to differentiate between orders.

   Proposed Orders submitted to the Court must not have any Law Firm location information or internal codes included in the Order (such as a footer, watermark or anywhere else on the proposed order). The Court cannot process such Orders and they will be rejected and returned unsigned.

   When uploading multiple orders, please upload each order individually. The Court cannot process multiple Orders in a single submission, and they will be rejected and returned unsigned.

   Orders uploaded as an attachment cannot be signed and processed and will be rejected and returned unsigned.

   If you are ordered to provide competing proposed orders, please utilize "Track Changes" if possible.

   If you are using "Track Changes" for anything other than competing proposed orders, be sure to accept all changes and stop tracking prior to submission. If you do not, the Court can see all of your changes and comments.

   All orders should include an accurate and complete service list.

   No order or judgment shall contain a signature page that does not include a portion of the text of the order or judgment. Please check and preview your documents before submitting your orders online and/or otherwise.

   The Court prefers Orders to be submitted in Times New Roman, 12 font, as that is the font most compatible with the Court's Online System.

   Please do not submit duplicate Orders to the Court's Online System, and do not submit hard copies of proposed Orders to the Court.

   Redaction of Confidential Information -- As of July 1, 2021 all filers of circuit civil, county civil, and small claims court documents are now solely responsible for ensuring that confidential information is redacted or is identified for redaction. Florida Rules of General Practice and Judicial Administration (floridabar.org) Rule 2.420.

   Return to top

2. Agreed Orders

   If a Motion is resolved prior to hearing, an Agreed or Unopposed Order must be submitted via the Court's Online System. The Order must say "Agreed (or Unopposed) Order on (Title of Motion)". Please include as attachments in the Court's Online System 1) a cover letter (as a supporting document) to the Judge indicating that all parties have reviewed and agreed to the language of the proposed Agreed Order; and 2) the Motion at issue.

   Return to top

3. Orders Submitted Following a Hearing

   If the Court directs an attorney to prepare and submit an Order after a hearing, the Order must state the date the hearing was held and must include the Court's factual findings and legal conclusions as well as the Court's rulings. This provides the Court and the parties a record of the basis for the ruling. Where possible, a copy of the transcript reflecting the Court's oral findings and rulings should be uploaded into the Court docket.

   All parties must have reviewed the Order before it is submitted to the Court's Online System.

   Unless otherwise ordered by the Court, all proposed orders shall be submitted within 72 hours of the hearing.

   Please include as attachments in the Court's Online System 1) a cover letter to the Judge indicating that all parties have reviewed and agreed to the language of the proposed Order; 2) the Motion and any opposition papers; and 3) a copy of the transcript of the Court's findings and rulings, if possible.

   If parties are not in agreement with the form of the Order, the specific disagreements must be noted in the cover letter to the Judge. Parties may submit competing Orders and the Judge will sign the Order which reflects the Court's ruling. Where possible, competing orders should utilize the track changes function to show the disagreements between the parties.

   PLEASE DO NOT SUBMIT A PROPOSED ORDER UNTIL AFTER THE HEARING HAS OCCURRED. Proposed Orders submitted prior to a hearing will be rejected and returned unsigned.

   Return to top

4. Final Order Formatting

   All final orders that may be filed in the public records require a 3 x 3 inch available space in the right upper hand corner; one inch margin on all sides of documents; and pages must be consecutively numbered. Florida Rules of General Practice and Judicial Administration (floridabar.org) Rule 2.520 The Palm Beach County Clerk and Comptroller's Office automatically records certain documents in the official records. The list of documents that the Clerk of Court's office automatically records in the public record (without charge) can be obtained from the Clerk of Court's office. Examples include verdicts, final judgments, notices of appeal and orders of dismissal. Any Final Orders that are non-compliant will be rejected and returned.

   Final Judgments in favor of plaintiffs should include the amount of recovery and contain the phrase "for which let execution issue."

   Final judgments in favor defendants should contain the phrase "plaintiff shall take nothing by this action and defendant shall go hence without day."

Return to top

V. Notices for Trial

Notices for Trial must be filed with the Clerk of Court via the Court's Online System, with a copy sent via email to the JA at CAD-DivisionAF@pbcgov.org, with all parties copied. The Notice should include whether the matter is jury or non-jury; the number of days expected for trial; the Calendar Call date previously set in the DCMO or otherwise by the Court; and the name, telephone number, mailing address and email address of each lawyer or self-represented party currently in the case.

Notices for Trial must be filed by the Plaintiff within ten (10) days of the case being at issue. The DCMO is not a substitute for a Notice For Trial.

Regardless of when the Notice for Trial is filed, the parties should expect the case to be set consistent with the expected trial dates in the DCMO. The parties should plan discovery and motion practice accordingly.

Return to top

VI. Settlement, Dismissal or Stay of Cases

If your case settles, is voluntarily dismissed, or stayed, and there are future hearings or a trial scheduled on the Court's docket, please immediately contact the JA via email at CAD-DivisionAF@pbcgov.org with all parties copied. This will allow the Court to free up hearing/trial time for other cases. Of course, that notification must be followed up by necessary and appropriate formal paperwork.

Dismissal papers must be uploaded to the Court's Online System within 30 days of settlement or the parties shall file a Motion reporting to the Court what is preventing the case from being closed out and when the parties anticipate case closure.

Return to top

VII. Motions and Memoranda of Law

1. Written Submissions – General Guidelines

   While the Court has no strict page limitation, Motions, Responses and incorporated Memoranda of law should rarely exceed 5 pages for UMC and 12 pages for Special Set matters.

   The most helpful Memoranda are those that tell the Court up front where you are going and why. Begin by advising the Court of the specific issues being raised, the relief sought, and the general basis for granting (or denying) the relief requested. Lead with your best point and argument. Be sure to present both factual and legal support for your position. Distinguish law and facts contrary to your claim, but concede insignificant and weak arguments. Organize your memoranda in a logical and easy to follow manner, using headings and sub-headings as appropriate and as "road signs" to indicate where you are headed. Your writing style should be clear, straightforward and concise. Use plain, simple language whenever possible. It is not necessary to string cite when a controlling decision will do just fine. There is also no need for anything more than a concise restatement of well known, black letter standards of review for Motions to Dismiss, Motions for Summary Judgment and the like. In addition to traditional formats, consider using modern presentation tools, including diagrams and flowcharting or outlining programs, to efficiently inform the Court of pertinent issues.

   Counsel is reminded that effective Motions and Responses are those that stay focused on the issues the Court must resolve, without distracting hyperbole or reference to out-of-court disputes between counsel.

   Return to top

2. Specific Motions

   Unless otherwise provided by law, the mere filing of a Motion does not stay the case, change case management deadlines, or provide the relief sought in the Motion. All Motions should be set for hearing either on the Court's UMC docket or as a Special Set Hearing within thirty (30) days of filing. The Motion should be scheduled for hearing at the earliest date that the Court and parties are available.

   1. Motions to Extend Time for Service

      All Motions to extend time to serve process shall be filed prior to the deadline for service and show the following for good cause:

      1. Legitimate efforts have been made to serve defendants;
      2. The circumstances preventing timely service;
      3. How the problem can be rectified; and
      4. The length of extension reasonably necessary.

      Return to top

   2. Discovery Disputes

      The Motion must clearly identify:

      1. The specific disputed request, response, objection or relevant excerpt from deposition testimony
      2. The basis for compelling, overruling or sustaining any objection
      3. Legal authority, preferably quoted and attached with highlights

      Please do not submit full requests and responses.

      Discovery Motions seeking to extend deadlines must be filed prior to the expiration of the deadline. The mere filing of a Motion does not extend any deadline.

      Please ensure that only those matters on which the parties have not reached agreement are presented to the Court.

      Return to top

   3. Ex-Parte Motions to Compel Discovery

      No hearing is necessary if the Motion is in compliance with newly amended Administrative Order 3.202. Please note the Administrative Order requires a good faith "attempt to resolve" the matter, defined as actual efforts to speak with counsel in person or via electronic means, not merely the exchange of emails or texts. When submitting the proposed order, please include as an attachment the Motion detailing efforts to comply with this requirement. Failure to include this information will result in the proposed order being rejected and returned unsigned.

      Return to top

   4. Stipulations for Substitution of Counsel

      Stipulations for substitution of counsel must comply with Florida Rules of General Practice and Judicial Administration (floridabar.org) Rule 2.505(e) and (f). The written consent of the client must be included. As long as there is no objection and the consent is attached, no hearing is necessary. When submitting the proposed order, please include as an attachment a copy of the signed stipulation and written client consent.

      Return to top

   5. Withdrawal of Counsel

      All Motions to Withdraw must be set for a UMC hearing, with proper notice to the client, in accordance with Florida Rules of General Practice and Judicial Administration (floridabar.org) Rule 2.505 (f) and (i), and all parties/attorneys. The Court strongly encourages counsel to ensure their clients attend the hearing so that the Court may advise them of the ramifications of the withdrawal of the counsel.

      Return to top

   6. Motions for Attorney Fee Contracts

      The Court does not grant Motions for Attorney Fee contracts without a hearing at which the client is present. See Mahany v. Wright's, 194 So.3d 399, 402 (2nd DCA 2016). Please set these matters for hearing on a UMC docket.

      Return to top

   7. Motions to Continue Trial

      The Court requires a hearing on all Motions that seek to remove a case from a currently scheduled trial docket, no matter how the Motion is styled, and regardless of whether the Motion is agreed or unopposed. The matter should be set for hearing on a UMC docket or, if the parties believe more time than allotted for a UMC matter is necessary, for a Special Set Hearing. The parties should be prepared to advise the Court with specificity of all discovery and other matters that are preventing the case from trial readiness.

      Motions for Continuance should be filed as soon as circumstances giving rise to the need for a continuance become known and only for good cause.

      The Court does not grant trial continuances without written client consent and compliance with Florida Rules of Civil Procedure (floridabar.org) Rule 1.460 and Florida Rules of General Practice and Judicial Administration (floridabar.org) Rule 2.545(e).

      Every Motion for a continuance must include a proposed Amended DCMO resetting each pretrial deadline that remains applicable and indicating the month the case can be ready for trial.

      Consistent with the DCMO's, absent unforeseeable, exigent circumstances, the failure to complete discovery is not grounds for a continuance.

      Return to top

   8. Motions for Judicial Default

      Motions for Judicial Default must be set for hearing with all defaulted parties noticed. To ensure Due Process, the Court will inquire about efforts made to notice the defaulted parties both of the Motion and of the hearing.

      Consistent with the DCMO's, if all defendants become defaulted, a Motion for Default Final Judgment along with supporting documentation must be filed within 30 days of the last default and set for hearing at the next available hearing time.

      Return to top

   9. Motions to Dismiss

      Consistent with the DCMO's, Motions to Dismiss and any other motions preventing the case from being at issue are to be filed expeditiously and set within five (5) days of filing, to be heard as soon as the Court and counsel are able.

      There is no need to spend much time and space discussing the general legal standard for a Motion to Dismiss unless the Motion raises a specific, unusual point. Both Motions and Responses should, however, include any legal precedent supporting the particular legal basis for your argument.

      Counsel is encouraged to meet and confer to determine if there can be an agreement to allow Leave to Amend rather than a hearing on a Motion to Dismiss.

      Return to top

   10. Motions for Summary Judgment

       Consistent with the DCMO's, Motions for Summary Judgment must be filed at least ninety (90) days prior to calendar call absent leave of Court.

       If you have a legitimate dispositive motion, however, the Court strongly encourages parties to file as soon as there is a properly developed supporting record.

       Absent leave of Court, Motions for Summary Judgment filed after the deadline will be denied. The issues can be raised as part of a Motion for Directed Verdict at trial.

       Florida Rules of Civil Procedure (floridabar.org) Rule 1.510, as amended in May 2021, requires the parties to cite specifically to the record. The Rule further states the Court need not consider materials not cited, and requires the non-moving party to respond in writing. Please read the Rule carefully and be sure to follow all requirements.

       All Motions for Summary Judgment should clearly state and separately reference each undisputed material fact to be relied upon, and the legal basis for summary judgment based upon those undisputed facts. There is no need to spend much time and space discussing the general legal standard for a Motion for Summary Judgment unless the Motion raises a specific, unusual point.

       All Responses to Motions for Summary Judgment should clearly state and separately reference any facts that are disputed, as well as the legal basis for denying relief based upon the facts alleged to be undisputed by the opposing party.

       Return to top

   11. Daubert Motions

       Any party seeking to exclude expert testimony under a Daubert analysis shall file a Motion with the Court specifically identifying the basis for the challenge. Consistent with the DCMO's, unless leave of Court is granted, all Daubert motions must be filed at least ninety (90) days prior to calendar call. Responsive memos shall be filed and provided with the motion to the Court at least ten (10) days in advance of hearing.

       Unless otherwise ordered by the Court or agreed to by the parties, all Daubert Motions will be subject to this Division's procedures for Evidentiary Special Set Hearings.

       Return to top

   12. Motions in Limine and Deposition Designations

       The Court will not entertain boilerplate, non case-specific Motions in Limine prior to trial. These include motions which do no more than require the Court and opposing counsel to follow the law, or seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument, or expressing personal beliefs. If these issues arise during trial, they may be raised contemporaneously via objection.

       All case-specific Motions in Limine as well as Objections to Deposition Designations shall be scheduled and heard prior to Calendar Call.

       Return to top

   13. Motions for Reconsideration, Clarification, Rehearing and New Trial

       In accordance with Local Rule No. 6, the parties shall NOT set Motions for Reconsideration, Clarification, Rehearing or New Trial for hearing unless directed to do so by the Court.

       All such Motions must be filed with the Court's Online System, with a copy sent via email to the JA, with all parties copied. The Court will then review the Motion and determine whether to rule on the Motion, order a Response or set the matter for hearing.

       Return to top

   14. Motions for Temporary Injunctions

       Temporary Injunctions should not be routinely filed as emergencies. Parties should file their Temporary Injunction with the Clerk of Court through ordinary course and send a courtesy copy with all exhibits/attachments to the JA. Unless the motion qualifies for ex parte relief, please be sure to copy all parties. The Court will review your motion and determine whether to rule on the Motion, order a Response or set the matter for hearing.

       Return to top

   15. Requests for Emergency Hearing

       In accordance with Administrative Order 3.206, the parties shall NOT set Motions for Emergency Hearing for hearing unless directed to do so by the Court.

       All such Motions must be filed with the Court's Online System, with a copy sent via email to the JA, with all parties copied. The Court will then review the Motion and determine whether the reasons set forth constitute an emergency. If the Court determines that the motion alleges a bona fide emergency, the Court will take whatever action it deems appropriate.

       Return to top

   16. Attorney Fee Motions and Hearings
       
       1. Entitlement
          Motions to determine entitlement to attorney's fees and costs may be set for hearing in the ordinary course in accordance with these instructions.
       2. Amount
          Once entitlement is determined, the Court will enter an Order setting pre-hearing procedures to determine the amount of attorney's fees and costs. The parties must follow all procedures set by the Court, including all meet and confer requirements, prior to setting the matter for hearing.

   Return to top