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DIVISION CV-E POLICIES AND PROCEDURES1 JUDGE BRUCE R. ANDERSON, JR. Fourth Judicial Circuit Court of the State of Florida Division CV-E Duval County Courthouse 501 W. Adams Street, Suite 7259 Jacksonville, Florida 32202 Paula Fields, Judicial Assistant Email: pfields@coj.net (904) 255-1258 Chambers 739 (904) 255-1636 (Telephonic Hearings Only) Division CV-E Website: HTTP://www.jud4.org/ex-parte-procedures-and-dates |
Rules of Court
Duval County, Division CV-E
CONTACT INFO
Footnotes
INTRODUCTION2
These policies and procedures have been revised in response to various legal developments since I was assigned to Division CV-E on January 1, 2020, including, but not limited to, the greater use of communication technology to participate in remote court proceedings, the amendments to Rule 1.510, various Florida Supreme Court Administrative Orders reemphasizing the trial court’s responsibility to actively case manage, and the anticipation of significant amendments to the Florida Rules of Court that will likely increase demands on trial court resources already stretched thin with duty obligations and hearing and jury trial responsibilities. These divisional policies and procedures are intended to streamline litigation, reduce the need for hearing time, avoid the unnecessary stress that arises during final trial preparations, and reduce the number of trial cases continued.
Judge Bruce Anderson
Authority
SECTION 1 | EX PARTE HEARING
B. Ex parte will be held from 9:00 a.m. to 10:00 a.m. on certain, identified dates. Ex parte dates are posted on the website above, as well as outside Chambers 739.
C. Given the nature of ex parte hearings, in-person appearances telephonic appearances and appearances via the Zoom videoconferencing platform (“Zoom”) will be allowed for both local and out-of-town counsel/parties pursuant to Rule 2.530, Fla. R. Jud. Admin.
D. Hybrid Zoom Ex Parte Hearings. The Court will permit ex parte hearings to be conducted in a hybrid remote manner, with some counsel/parties appearing in-person and other counsel/parties appearing via Zoom pursuant to Rule 2.530, Fla. R. Jud. Admin..
E. Hybrid Telephonic Ex Parte Hearings. In the event any counsel elect to attend ex parte in-person while other counsel/parties elect to attend telephonically, counsel must have a specific plan for the Court to either call a conference call-in number to reach all other counsel/parties or a direct dial phone number for the Court to call the counsel/party who shall be responsible for conferencing in any other counsel/parties electing to attend telephonically at the time of the commencement of the ex parte hearing. The brief time limits and format of ex parte hearings will not permit the Court to act as the phone operator to coordinate the connections, act as the “host” or otherwise connect counsel/parties together who separately call the Court’s hearing room to participate in ex parte hearings.
F. If any counsel, local and/or out-of-town counsel plan on attending the ex parte hearing by phone or by Zoom, please contact the Court to schedule a time-certain hearing and file a Notice of Hearing containing specific telephonic instructions or a Zoom invitation, identifying any parties/counsel appearing in-person at such hearing, and e-mail the Notice to the Court at pfields@coj.net.
G. All attorneys, parties, or other persons participating in or observing the ex parte hearing remotely through the use of communication technology shall comply with “The Florida Bar Recommended Best Practices for Remote Court Proceedings” that can be found on the Court's website.
SECTION 2 | SETTING CASE FOR TRIAL (JURY AND NON-JURY)
B. If the parties agree to set the case for trial via e-mail, the movant shall e-mail the Motion to Set and a fully completed Division CV-E Trial Set Memorandum to the Court. The Trial Set Memorandum form can be found on the Court's website. The movant’s enclosure e-mail to the Court shall copy all opposing counsel/parties and provide several trial dates agreed to by all counsel/parties. A list of all available Division CV-E trial dates can be found on the Court's website. The enclosure e-mail should also identify for the Court a mediator agreed to by all counsel/parties. In the event the parties are unable to agree to a mediator, then the enclosure e-mail should advise the Court that the parties were unable to agree to a mediator and provide a list of three (3) mediators for the Court to consider.
C. In the event the parties are unable to agree to a trial date, the movant may obtain ex parte dates from the Court's website and coordinate with opposing counsel which date is best for all parties. Ex parte hearings shall be coordinated between the parties and scheduled with the Court, if necessary, pursuant to the provisions for in-person, telephonic and/or remote appearances pursuant to Section I. supra.
D. The movant then must file a Notice of Ex Parte Hearing for the agreed-upon date. Courtesy copies of the uncontested Motion and Notice of Hearing do not need to be provided to the Court, unless any counsel plan on attending the ex parte hearing by phone or by Zoom pursuant to Section I. F. In that case counsel shall e-mail the Court courtesy copies of the Notice of Hearing, Motion to Set, and a fully completed Division CV-E Trial Set Memorandum.
E. At the ex parte hearing, the in-person movant must present to the Court a fully completed Division CV-E Trial Set Memorandum form. The form can be found on the Court's website and in Chambers. As noted on the form, please include telephone numbers and email addresses for counsel AND for e-filing. If the movant is appearing via telephone or Zoom, then the Trial Set Memorandum form shall be e-mailed to the Court.
F. The Movant shall be responsible for providing addressed, stamped envelopes for parties not receiving pleadings and orders via the e-Portal. Further, the Movant shall provide a blank, stamped envelope for the appointed mediator (if the mediator is not using e-Portal). Envelopes are not necessary for all individuals or entities using e-Portal.
G. The Court will prepare the Order Setting Case for Trial. For information purposes, the form Case Management Orders Setting Case for Jury Trial and Non-Jury Trial for Division CV-E can be found on the Court's website.
H. The parties must comply with the “Trial Conduct and Courtroom Decorum Policy” that can be found on the Court's website.
I. If a case settles, the parties must immediately contact the Court to have the case removed from the calendar/trial docket. In addition, the parties must comply with the Court’s “Procedures for Settlement or Dismissal of Cases” (See Section XV) infra.
SECTION 3 | SETTING HEARING FOR PENDING MOTION
B. The Judicial Assistant will “Reply to All” with available hearing dates/times. PLEASE NOTE: HEARING DATES/TIMES PROVIDED ARE NOT HELD AND MAY BE GIVEN TO OTHERS. HEARING DATES/TIMES ARE NOT SECURED UNTIL CONFIRMATION IS SENT FROM THE COURT.
C. For non-evidentiary hearings scheduled to take thirty (30) minutes or less, counsel shall be permitted to appear in-person, telephonically and/or via Zoom, regardless of whether they are local or out-of-town pursuant to Rule 2.530(b)(1), Fla. R. Gen. Prac. & Jud. Admin.
D. If counsel would like to attend a non-evidentiary hearing scheduled for thirty (30) minutes or less via telephone or Zoom, counsel may do so without further Order of the Court, pursuant to Rule 2.530(b)(1), Fla. R. Gen Prac. & Jud. Admin. Please notify the Court of counsel’s intention to appear telephonically or via Zoom at the time the hearing is scheduled and include all necessary information in the Notice of Hearing for the Court to dial into the conference call, direct dial counsel or log into the Zoom hearing room.
E. Should counsel desire to attend a non-evidentiary hearing scheduled for more than thirty (30) minutes via telephone or Zoom, counsel must seek leave of Court by filing a written Motion and providing a courtesy copy of the Motion setting forth good cause to grant the Motion pursuant to Rule 2.530, Fla. R Gen. Prac. &. Jud. Admin. and proposed consent Order to the Court via electronic mail. In the event all parties do not consent to use communication technology for a non-evidentiary hearing scheduled for more than thirty (30) minutes, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Rule 2.530, Fla. R. Gen. Prac. & Jud. Admin. to grant the motion and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the non-evidentiary hearing scheduled for more than thirty (30) minutes.
F. Should counsel desire to participate in an evidentiary hearing or trial and present testimony through telephone, Zoom, or other communication technology, regardless of the duration of the hearing, counsel must seek leave of Court by filing a written motion setting forth good cause to grant the motion pursuant to Rule 2.530(b)(2), Fla. R Gen. Prac. & Jud. Admin. and providing a courtesy copy of the Motion and a proposed Consent Order to the Court via electronic mail. In the event all parties do not consent to use communication technology for an evidentiary hearing, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Rule 2.530(b)(2), Fla. R. Gen. Prac. & Jud. Admin. to grant the motion and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the evidentiary hearing.
G. Telephonic appearance is a privilege. Counsel must call the Court’s Chambers at the number above promptly at the time of the telephonic hearing. If multiple attorneys will telephonically appear at a hearing, please have all counsel on the line prior to calling the Court’s chambers. Any difficulties may require the Court to not allow future telephonic appearances. If the telephone hearing is being held via a conference call-in number, the host shall dial-in no less than five (5) minutes before the hearing is scheduled to begin.
H. Zoom appearance is a privilege. Counsel hosting a zoom hearing shall promptly “start” the zoom meeting no less than five (5) minutes before the hearing is scheduled to begin. All non-hosting counsel/parties shall log in no less than five (5) minutes before the hearing is scheduled to begin. All attorneys, parties, witnesses, or other persons participating in or observing court proceedings remotely through the use of communication technology shall comply with “The Florida Bar Recommended Best Practices for Remote Court Proceedings” that can be found on the Court's website.
I. Courtesy copies: Courtesy copies (hard copies) of all Court filings pertaining to a motion set for a time certain scheduled hearing MUST be provided to the Court no later than ten (10) business days prior to the scheduled hearing or immediately if the hearing is scheduled within that time period. Courtesy copies are to be hand delivered with a cover letter or mailed with a cover letter. All opposing counsel/unrepresented parties must be copied with the letter and the enclosure(s), if the enclosure(s) not previously provided through the e-portal/service of process, and specify on letter. Not complying with the Court’s request for copies may result in the hearing being cancelled without notice.
J. Hearing Notebooks, Legal Memorandums and Citations: Any hearing notebooks, legal memorandums or briefs, along with hard copies of the significant cited authorities, must be provided to the Court at least ten (10) business days before the hearing, or immediately if the hearing is scheduled within that time period. Such item(s) are to be hand delivered with a cover letter or mailed with a cover letter. Please be sure to provide all opposing counsel with the same cover letter and item(s). The Court will attempt to review the motion(s) and the memorandums, and read the cases cited therein, prior to the hearing so that an immediate ruling may be rendered. Highlighting pertinent sections of case law is appreciated. Brevity is also appreciated. Case law and Memoranda provided to the Court less than ten (10) business days prior to the scheduled hearing or for the first time during the hearing may not (in the Court’s discretion) be considered. The Court, on occasion, may rule on motions without a hearing. Therefore, counsel are encouraged to timely file written argument supporting and opposing their positions with the Court.
K. Limitation on Hearings: All hearings related to dispositive motions and trial matters must be filed and heard prior to the pre-trial conference pursuant to the deadlines set forth in the Court’s Case Management Order Setting Case for Trial. Motions in Limine (MIL) are governed by Section XVIII infra. Motions for Summary Judgment (MSJ) are governed by Section XIV infra. NO HEARINGS DIRECTED TOWARDS MATTERS INVOLVING THE TRIAL, MSJ, OR MIL WILL BE HEARD DURING THE ACTUAL TRIAL PERIOD (absent unanticipated events occurring).
L. Meet and Confer Requirement: A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division CV-E and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; or to permit maintenance of a class action.
Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance (attached hereto as “Exhibit A” “First Option”) that the conference has occurred in the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.
The term “confer” requires a substantive conversation in person or by telephone in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.
Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference. If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the Certificate of Compliance the dates and times of the efforts made to contact opposing counsel (attached hereto as “Exhibit A” “Second Option”).
Counsel shall include in the Notice of Hearing the Certificate of Compliance certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.
Counsel who notices the hearing shall ensure that the court and the court’s judicial assistant are aware of any narrowing of the issues or other resolution as a result of the conference.
SECTION 4 | REQUEST FOR EMERGENCY HEARING
SECTION 5 | HEARING REQUIRING MORE THAN ONE (1) HOUR
SECTION 6 | CANCELLATION OF HEARING
B. DO NOT assume the hearing is automatically removed from the Court’s calendar. If you do not receive a telephone call or email confirming the cancellation, please try contacting the Judicial Assistant again. A Notice of Cancellation that has been e-filed with the Clerk is not sufficient notice of a cancellation. Cancellation of a hearing MUST be confirmed with and by the Court.
C. When a hearing on a motion to compel discovery or a motion for protective order has been placed on the Court’s calendar, the hearing may not be cancelled without the Court’s consent and an order or agreed order submitted to the Court ruling on said motion(s). See First Amended Administrative Order No. 88-2 on the Court's website.
SECTION 7 | MOTION TO COMPEL OR MOTION FOR SANCTIONS FOR FAILURE TO PRODUCE DISCOVERY AND MOTION FOR PROTECTIVE ORDER
(2) The Florida Bar Creed of Professionalism;
(3) The Florida Bar Ideals and Goals of Professionalism;
(4) The Rules Regulating The Florida Bar;
(5) the decisions of the Florida Supreme Court and
(6) the applicable code of conduct and standing orders promulgated by the Fourth Judicial Circuit and Division CV-E
Once a Motion to Compel or a Motion for Sanctions is scheduled on the Court’s calendar, it will not be removed for any reason, even if agreed to by counsel for the parties. See First Amended Administrative Order No. 88-2 on the Court's website. The only exception is if the case is completely resolved and settled by the parties.
All discovery motions and motions to compel must be set for hearing to bring the matter to the Court’s attention. The mere filing of a motion is insufficient. Any motions filed but not set for hearing will be considered abandoned. All such discovery motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action. See Fla. R. Civ. P. 1.380(a)(2) and the “Meet and Confer Requirement” (See Section III. L.) supra for motion hearings.
The filing of a Motion for Protective Order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested. The Court will make itself available for immediate hearings on said motions where the motion could not have been filed and heard in the due course of discovery. Where necessary, and when possible, the Court will hear and, if possible, rule by telephone on motions or substantive objections that occur during depositions where a failure to do so would require the stopping of a deposition and the resetting of same depending on the Court’s ruling.
SECTION 8 | COMPULSORY MEDICAL EXAMINATIONS (CME)
SECTION 9 | ELECTRONICALLY STORED INFORMATION DISCOVERY (ESI)
SECTION 10 | DISCLOSURE OF PROTECTED HEALTH INFORMATION
SECTION 11 | POST-ACCIDENT SURVEILLANCE VIDEO
It is also well-established that although the existence of the surveillance must be disclosed upon request whether or not it will be used at trial, the content of the surveillance is discoverable only if it will be used at trial for substantive, corroborative, or impeachment purposes. Thus, the contents of post-accident surveillance video not intended to be presented at trial are considered attorney work product and subject to protection, not discoverable unless a showing of extraordinary circumstances can be made. See Dodson, 390 So.2d at 707-08; Huet, 912 So.2d at 340-41; and Hunt, 239 So.3d at 177-78.
The type of post-accident surveillance video at issue in Dodson of a purportedly injured plaintiff taken after the accident occurred characterized by the Florida Supreme Court as work product should be distinguished from a static, permanent store security surveillance video of the accident itself which is generally considered non-work product, discoverable under the Rules of Civil Procedure, which are designed to “prevent the use of surprise, trickery, bluff and legal gymnastics.” Target Corporation v. Vogel, 41 So.3d 962, 963 (Fla. 4th DCA 2010) quoting Surf Drugs v. Vermette, 236 So.2d 108, 111 (Fla. 1970).
The Florida Supreme Court in Dodson held that judges have discretion to order the depositions of parties to be conducted before requiring production of post-accident surveillance video that is going to be used at trial. Dodson, 390 So.2d at 708. Post-Dodson, a bright line rule has been established that such surveillance video need not be produced until the surveilling party has had the opportunity to depose the subject of the video. Hankerson v. Wiley, 154 So.3d 511 (Fla. 4th DCA 2015).
Generally, post-accident surveillance video that is going to be used at trial is subject to discovery and may not be used as a last-minute surprise at trial. Therefore, late or surprise disclosures of such surveillance videos are discouraged and disfavored as such tactics frequently lead to, at best, otherwise unnecessary and inefficient extensions of the Court’s existing pretrial deadlines or at worst trial continuances resulting in the Court failing to manage a case to its presumptively reasonable time period for the completion of cases in the trial courts of this state. See Rules 2.250 and 2.545, Fla. R. Gen. Prac. & Jud. Admin. In order to permit adequate time to incorporate the disclosure of such surveillance videos into the natural flow of the fact and expert discovery proceedings and other pretrial deadlines in the Court’s Case Management Order Setting Case for Jury Trial and Pretrial Conference and Requiring Matters to be Completed Prior to Pretrial Conference the surveilling party must disclose such post-accident surveillance videos, together with a written disclosure filed with the Court containing the names and business addresses of each person (i.e., videographer, private investigator) involved in conducting the surveillance and obtaining the surveillance videos together with a brief description of the nature of their involvement, and produce such unedited surveillance video to opposing counsel, or the opposing party if pro se, no later than ONE HUNDRED EIGHTY (180) DAYS prior to the Pretrial Conference.
SECTION 12 | GUIDELINES REGARDING PRIVILEGE LOGS AND IN CAMERA REVIEW PROCEDURES
SECTION 13 | PROCEDURES FOR SCHEDULING F.S. 90.702 ( DAUBERT) TYPE HEARINGS
SECTION 14 | PROCEDURES FOR PLEADING, SCHEDULING AND HEARING SUMMARY JUDGMENT MOTIONS
SECTION 15 | PROCEDURES FOR SETTLEMENT/DISMISSAL OF CASES
SECTION 16 | MINOR’S SETTLEMENT
SECTION 17 | ATTORNEY’S FEES AND COSTS
SECTION 18 | MOTIONS IN LIMINE (MIL)
B. All case specific MIL shall be filed, served, noticed, and heard or agreed to by the parties no later than the deadline set forth in the case management order or the order setting case for jury trial. The MIL shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies.3 Opposing counsel shall have five (5) business days to file a written response if they wish. Courtesy copies of such MIL, Notices of Hearing, written response(s), hearing notebooks, legal memorandums and citations are governed by Sections III I. and J. supra.
C. The Court may summarily rule on any MIL not written with particularity as described above. Any MIL not timely filed and/or not discussed by counsel at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.
D. The party filing the MIL will prepare the proposed order on any contested hearing reflecting the Court’s rulings(s). All counsel is reminded that rulings on MIL are non-final orders subject to modification during trial as evidence is presented.
Footnotes
(“Motions in Limine can serve an important function in streamlining a trial. The excessive use of them, however, can clog the docket and become a trap. Boilerplate motions in limine filed early in a case have dramatically increased since the amendment of section 90.104, Florida Statutes in 2003. This amendment modified the rule requiring a contemporaneous objection to preserve an objection to the admission of evidence on appeal…. Civil litigants now attempt to obtain blanket rulings well in advance of trial on every conceivable reason to object to evidence at trial, whether or not those matters apply to the facts of the case. Therefore, when the trial is held later, litigants believe that they do not have to object at all, and appellate issues will still be preserved. Trial judges may be put in the position of having to sua sponte strike evidence or hazard an appellate reversal with the requirement of a new trial…. Trial judges do not have to consider such motions well in advance of trial. Many times, they should not rule in advance. Evidentiary issues often depend upon the context in which they are raised or the other evidence which is admitted or developed through discovery. Where evidence excluded by a prior order in limine is admitted inadvertently, simply because it was not pointed out to the trial court that the evidence violated the order, this provides an appealable issue and an opportunity for a new trial, even though the error could have been easily corrected had it been pointed out by the parties. To prevent that from occurring in this case, the trial judge astutely required the parties to object to any evidence sought to be excluded. Because the Plaintiff did not object, this issue was not preserved for appeal”).
SECTION 19 | EMERGENCY MOTION/MOTION FOR REHEARING/MOTION FOR NEW TRIAL
SECTION 20 | PROPOSED ORDERS WHEN THE COURT MAKES A RULING
2. All orders must describe, in the caption, the subject and ruling of the court, i.e. “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.” See Fla. R. Civ. P. 1.100(c)(1).
3. If there is an unrepresented party involved in the case not using e-Portal, the proposed Order must be submitted to the Court in writing, with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal. Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal;
4. If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Microsoft Word format; and
5. The proposed Order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
6. If the parties are unable to agree on the form of the order that accurately reflects the Court’s ruling, both sides shall present their respective proposed orders to the court for consideration within seven (7) days of the hearing with copies to opposing counsel. The party objecting to the proposed order shall also present a “redline” or “blackline” version, in Microsoft Word format, of the proposed order to the Court, together with a transcript of the hearing if a Court Reporter was requested by any party. The purpose of providing the Court with a “redline” or “blackline” version, in Microsoft Word format, of the proposed order is to allow the Court to compare the versions of the competing proposed orders to consider and comprehend what has been changed, revised or added. Copies of any such “redline” or “blackline’ version of the proposed order and hearing transcript shall be provided to opposing counsel/unrepresented party.
7. If you want to know if a specific order has been signed by the Judge, you should first check the Clerk of Court’s records system to confirm it has been docketed as the Judicial Assistant is unable to track the signing of a specific order.
2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
SECTION 21 | PROPOSED ORDERS WITHOUT A HEARING
B. If counsel does not have an email address for an unrepresented party, counsel must mail or hand-deliver the proposed Order, cover letter and all attachments to the Court consistent with the instructions above. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope for that party.
C. All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order, and must describe in the caption, the subject and ruling of the court, i.e., “Agreed Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.” See Fla. R. Civ. P. 1.100(c)(2).
D. The proposed Order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
E. If you want to know if a specific order has been signed by the Judge, you should first check the Clerk of Court’s records system to confirm it has been docketed as the Judicial Assistant is unable to track the signing of a specific order.
SECTION 22 | PROPOSED ORDERS AFTER COURT TAKES MATTER UNDER ADVISEMENT
2. generally, the Court will establish a reasonable deadline for filing the proposed orders within 7 days following the hearing;
3. a courtesy copy of the proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;
4. not as an additional written argument or legal briefing requirement, but to provide counsel an opportunity to plead any exceptions or objections to the form of opposing counsel’s proposed orders (i.e., citing materials not in the record or citing to materials in the record, but not previously cited in the factual positions supporting the motion/response; findings not based on the record testimony/evidence), generally the Court will establish a reasonable deadline for filing the exceptions/objections pleading within 5 days following the filing of the proposed orders;
5. a courtesy copy of any such filed exceptions/objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as the filing of the same.
SECTION 23 | JURY TRIAL DEADLINES
SECTION 24 | NON-JURY TRIAL DEADLINES
SECTION 25 | MEDIATION
SECTION 26 | WITHDRAWAL OF COUNSEL
SECTION 27 | EX PARTE PERSONAL COMMUNICATIONS/CORRESPONDENCE
EXHIBIT A
CERTIFICATE OF COMPLIANCE
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter had a substantive conversation in person or by telephone with opposing counsel in a good faith effort to resolve this motion before the motion was noticed for hearing but the parties were unable to reach an agreement.| /s/ | |
| Counsel for the party who noticed the matter for hearing. |
CERTIFICATE OF COMPLIANCE
I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact opposing counsel in person or by telephone on:2. ______(Date)________________ at _____(Time)______; and
3. ______(Date)________________ at _____(Time)______;
| /s/ | |
| Counsel for the party who noticed the matter for hearing. |
You might need to reference it during your pursuit of justice.
For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
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