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Rules of Court
Duval County, Division CV-H
SECTION 0 | INTRODUCTION
SECTION 1 | EX-PARTE HOURS
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SECTION 2 | SETTING MATTERS FOR TRIAL (JURY AND NON-JURY)
(ii) the proposed trial week(s).
(ii) the proposed trial week(s).
In either event, the Court will then prepare and e-file the Trial Order.
If the case settles, the parties shall immediately notify the Court so that it may be removed from the trial calendar.
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SECTION 3 | SCHEDULING HEARINGS
Once a hearing time is set, no party may add or notice additional matters for that time without the express consent of all parties.
If the parties cancel a hearing, the parties shall immediately file a Notice of Cancellation and e-mail the Notice to the Judicial Assistant. It is imperative the Court have the opportunity to repost the hearing time for use in other cases.
Any party seeking to appear telephonically for a hearing shall move the Court for permission at the time the hearing is requested. Telephonic appearances are a privilege, not a right. Attendance by telephone is usually permitted in non-evidentiary hearings of 30 minutes or less. The Court may deny telephonic appearances if there is a history of problems or issues that impede the Court’s scheduled hearings. If permission to appear telephonically is granted, the counsel attending telephonically shall comply with Rule 2.530 of the Florida Rules of Judicial Administration and make all necessary arrangements in advance with the Judicial Assistant to be on the phone and ready to proceed at the scheduled hearing time. If more than one person is appearing telephonically, the parties are responsible for making arrangements in advance so that only one line is calling into the Court at the time of hearing.
The Court’s hearing schedule has very little, and sometimes no time in-between hearings. Please arrive early and allow plenty of time for parking. Failure to timely appear for a hearing may result in the motion being denied (if moving party) or the motion being heard without you (if the non-moving party). Moreover, the Court will enforce the time limits set for each hearing. Any matters not resolved during the schedule hearing time will have to be re-scheduled or decided after an opportunity for written briefing.
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SECTION 4 | USE OF SPECIAL MAGISTRATES
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SECTION 5 | COURTESY COPIES
Motions, pleadings and memoranda may be provided by e-mail as well as U.S. Mail or hand delivery. Any binders containing case law shall be received by the Court at least 5 days prior to the hearing, with copies provided to all other parties at the same time. Failure to abide by these terms may result in the hearing being canceled by the Court without notice.
The Court encourages all parties to work together where possible to submit one copy of the supporting materials necessary for the Court’s consideration.
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SECTION 6 | MOTIONS FOR REHEARING, NEW TRIAL OR EMERGENCY MOTIONS
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SECTION 7 | CERTAIN MOTIONS TO BE DECIDED WITHOUT HEARING
(ii) Motions for Judgment on the Pleading;
(iii) Motions to Strike;
(iv) Motions for Leave to Amend (except ones seeking to plead punitive damages); and
(v) Motions for Extension / Enlargement of Time to Respond.
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SECTION 8 | DISCOVERY DISPUTES
Prior to filing a Motion to Compel the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute. The Court does not believe this is merely a “box to check” before filing such a motion. Indeed, the Court fully expects that the description of the good faith conferral may be the lengthiest part of the Motion to Compel. If, for any reason, the moving party is unable to confer with counsel for the non-moving party, there should be a detailed description in the motion of all actions taken by the moving party to confer. The good faith requirement imposes the obligation upon all counsel to promptly reply to a ‘meet-and-confer’ request and to provide availability for that meeting.
Once a Motion to Compel or Motion for Sanctions is scheduled on the Court’s calendar, it will only be removed if the case is completely resolved and settled by the parties.
Florida law does not provide for “General Objections.” Any objections to discovery requests must be specific and detailed. Discovery responses listing “General Objections” will be stricken and subject to monetary sanctions.
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SECTION 9 | PROPOSED ORDERS FOLLOWING HEARINGS
2. If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Microsoft Word format; and
3. 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.
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.
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SECTION 10 | TRIAL TECHNOLOGY
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Here's the current version.
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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