Motions may NOT be set for hearing unless authorized by the Court. The clerk’s office does not serve a copy of the motion to the judge or judge’s chambers. An electronic copy of the motion with a cover letter and proposed order, must be submitted to be considered. In many cases, a response may be required.
(b) Motions to Continue Trial. Pursuant to the Uniform Pretrial Order, continuances will only be considered for good cause on motion prior to calendar call. Any requests for continuances (including agreed motions) must be placed on UMC at least seven (7) days prior to calendar call. Client consent must also be filed in advance of the scheduled hearing. Also, please comply with Fla. R. Civ. P. 1.460 and Fla. R. Jud. Adm. 2.545(e) regarding party consent. If the case is continued the parties will be notified of the new calendar call date. If the case was previously mediated and neither party wishes to return to mediation please so indicate in your cover letter to the court enclosing the new Uniform Trial Order. If a case is settled prior to the trial date, the scheduling party MUST immediately notify our office.
(c) Motions to Withdraw. Even with consent, the client must be present on Zoom for the motion to withdraw regardless if it’s a individual or a corporation. In the body of the proposed order granting withdrawal please include the client’s address, email address and phone number.
If the client is not an individual please include a statement that the entity must be represented by counsel who MUST file an appearance within 20 days from the date of this order or a default may be entered.
(e) Motions for Approval of Minor Settlement. The motion MUST be set for a special set hearing before being ruled upon. The Court reviews all motions/responses. Any responses must be uploaded to supporting documents before the hearing.
(f) Ex parte Motions. Please submit “proposed” orders online through the CMS workbench. A copy of the ex parte motion must be attached for the judge to review.
(g) Summary Judgment. Pursuant to the recently amended Florida Rule of Civil Procedure 1.510(a)- A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought.
The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.
Rule 1.510(c)(1) - A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
By way of example:
2. John Smith owns Green Acres. (Exhibit 2)
Admitted that Green Acres is located at 123 Main Street. (Exhibit Denied that the property is vacant. (Exhibit 5)2. John Smith owns Green Acres. (Exhibit 2)
Denied as phrased. Admitted that the last recorded deed to Green Acres names John Smith. (Exhibit 2)
Remember, Rule 1.510(b), requires the motion be served at least 40 days before the time fixed for the hearing, and Rule 1.510(5) requires nonmovant to serve a response at least 20 days before the time fixed for the hearing.
