Judge Florence Taylor Barner
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Ex Parte Motion, Non Evidentiary Motion
- With Prepared Order
Motion For Rehearing, Motion For Reconsideration
- 1 copy • Upon Filing
Motion To Tax Costs
- Mail • Upon Filing
Motion To Withdraw As Attorney, Consent To Withdrawal, Proposed Order
- Mail • With Consent To Withdrawal
Adjournments
- Before filing a Motion for Continuance, the moving party must first contact the opposing party to determine whether they object.
Request must include
Communication
Chambers
Phone
Chambers
Phone
Page & Word Limits1 rule
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Please upload a copy of the notice, and a copy the motion - 15 pages max including footnotes and endnotes (along with any accompanying memoranda, cases or other supporting authorities - maximum of 8 in any binder) to CMS, no later than five (5) business days prior to the scheduled hearing date.
Summary: For special set hearings, the motion is limited to a maximum of 15 pages including footnotes and endnotes.
Motion
15 pages
Document Format Requirements1 rule
The quote is in the court's document. The summary is not checked yet.Important?
Please upload a copy of the notice, and a copy the motion - 15 pages max including footnotes and endnotes (along with any accompanying memoranda, cases or other supporting authorities - maximum of 8 in any binder) to CMS, no later than five (5) business days prior to the scheduled hearing date.
Summary: Accompanying memoranda, cases, and other supporting authorities for a special set hearing are limited to a maximum of 8 in any binder.
Document Filing Requirements13 rules
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If any attorney or pro se party submits to the court any filing or submission containing AI - generated content, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.
Summary: Any filing containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, with failure subjecting the filer to sanctions.
Document Type
Filing Containing Ai Generated Content
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IF LOCAL RULE 11 IS TRIGGERED, PLEASE USE THE STANDARD FORM ATTACHED HERETO. DO NOT ADD ANY ADDITIONAL LANGUAGE (e.g. waiver of privilege, etc.)
Summary: If Local Rule 11 is triggered, the standard form must be used without adding any additional language such as a waiver of privilege.
Document Type
Agreed Order Motion To Compel
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Your proposed order must contain the below language: FOR INDIVIDUALS: “ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____.” IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A “PRO-SE”. FOR CORPORATIONS, LLC'S, ETC. “IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS.”
Summary: A proposed order on withdrawal as attorney must contain the required language for individuals (future pleadings served on the former client) or for corporations (new counsel must appear within 20 days or default or striking of pleadings may result).
Document Type
Proposed Order Motion To Withdraw
The quote is in the court's document. The summary is not checked yet.Mandatory?
Please do not simply email teh Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission of a “Request for Emergency Relief.”
Summary: Emergency matters require compliance with Administrative Order 2021-51-CO, including submission of a 'Request for Emergency Relief'; simply emailing the court is not sufficient.
Document Type
Emergency Filing
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Stipulations for Substitution of Counsel or Motions for Substitution of Counsel shall be signed by both the former attorney and the new attorney taking the case over.
Summary: Stipulations or Motions for Substitution of Counsel must be signed by both the former attorney and the new attorney.
Document Type
Stipulation Or Motion For Substitution Of Counsel
The quote is in the court's document. The summary is not checked yet.Mandatory?
Orders on Motion for Writ of Garnishment - Proof of payment to the Clerk must be attached as a supporting document.
Summary: Orders on motions for writ of garnishment must have proof of payment to the Clerk attached as a supporting document.
Document Type
Order On Motion For Writ Of Garnishment
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The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies “I have reviewed the court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
Summary: Substitution of counsel requires the client's written consent and a certification by new counsel that they have reviewed the docket, spoken with all counsel of record, and are aware of all pending hearings, depositions, and deadlines.
Document Type
Motion For Substitution Of Counsel
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The Motion for Continuance must be filed with a proposed order, sufficient copies to conform and self-addressed, stamped envelopes.
Summary: A Motion for Continuance must be filed with a proposed order, sufficient conforming copies, and self-addressed stamped envelopes.
Document Type
Motion For Continuance
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The party requesting relief shall furnish the Court a prepared order and sufficient copies with self-addressed, stamped envelopes for all parties.
Summary: On ex-parte matters or non-evidentiary motions heard on the motion calendar, the requesting party must furnish the Court a prepared order.
Document Type
Ex Parte Or Non Evidentiary Motion
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PARTIES MAY NOT SUBMIT “AGREED” ORDERS ATTEMPTING TO CONTINUE COURT-ORDERED HEARINGS. SEE ABOVE FOR CONTINUANCES.
Summary: Parties may not submit 'agreed' orders attempting to continue court-ordered hearings; the continuance procedure must be used instead.
Document Type
Agreed Order
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When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.
Summary: A Motion to Withdraw as Attorney of Record must include the client's contact information, including address and email address if any, within the text of the motion.
Document Type
Motion To Withdraw As Attorney
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Please note on your Notice of Hearing, “Set Unilaterally Pursuant to Judge Barner's Procedures”.
Summary: A Notice of Hearing set unilaterally must state 'Set Unilaterally Pursuant to Judge Barner's Procedures'.
Document Type
Notice Of Hearing
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A MEMORANDUM OF LAW SHALL BE INCORPORATED INTO THE MOTION FOR REHEARING AND/OR RECONSIDERATION WITH THE LEGAL BASIS FOR THE COURT TO GRANT THE RELIEF REQUESTED.
Summary: A Motion for Rehearing and/or Reconsideration must incorporate a memorandum of law setting out the legal basis for granting the requested relief.
Document Type
Motion For Rehearing
Filing & Service rules
Electronic Filing Rules
Substitution of counsel filings must be e-filed, and a proposed Order of Substitution of Counsel may be uploaded electronically through E-order.
Stipulations for Substitution of Counsel or Motions to Substitute Counsel must be e-filed and a proposed Order of Substitution of Counsel may be uploaded electronically through E-order.
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Page 1 | Substitution of Counsel
All hearings must be scheduled through the court's online scheduling system, and no receipt is issued when scheduling a hearing.
ON-LINE SCHEDULING IS REQUIRED FOR ALL HEARINGS. Please see “Online Scheduling” at www.17th.flcourts.org. THERE IS NO LONGER ANY RECEIPT WHEN SCHEDULING HEARINGS.
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Page 1 | Hearing Procedures
Agreed orders in motions to compel discovery must be submitted electronically.
AGREED ORDERS MUST BE SUBMITTED ELECTRONICALLY.
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Page 1 | Motions to Compel Discovery
Motions and all supporting affidavits must be e-filed and docketed before a proposed e-order may be submitted via CMS.
Motions and all supporting affidavits must be e-filed and docketed prior to submitting a proposed e-order via CMS.
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Page 1 | Upload Proposed Orders
A copy of the motion must be uploaded before the motion calendar hearing begins.
Please upload a copy of the motion prior to the commencement of the hearing.
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Page 1 | Motion Calendar
If all parties agree to a continuance, an agreed order must be submitted electronically for the Judge's review.
If the continuance is AGREED to by all parties, please submit an agreed order electronically.
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Page 1 | Motion for Continuance
Proposed orders are submitted to Judge Barner electronically through the e-orders program.
Judge Barner participates in the e-orders program. Please follow the link below to determine how this is done: http.//www.17th.flcourts.org/index.php/self-help/eorders.
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Page 1 | Upload Proposed Orders
If all clients consent to withdrawal, no hearing is required and counsel must instead e-file a Consent to Withdrawal signed by all clients.
If your client or client(s) consent to your withdrawal, you do not need to set your Motion to Withdraw as Attorney of Record for a hearing. Instead, please e-file a Consent to Withdrawal (signed by all clients you wish to withdraw from), and send to the Judicial Assistant a copy of the Motion to Withdraw as Attorney of Record, the Consent to Withdrawal and adequate copies of a proposed order, and address stamped envelopes for all parties including your client(s).
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Page 1 | Motions to Withdraw as Attorney for Record
Filing Timing and Cure Windows
For special set hearings, the notice, motion, and supporting authorities must be uploaded to CMS no later than five business days before the hearing, failing which the hearing may be reset.
Please upload a copy of the notice, and a copy the motion - 15 pages max including footnotes and endnotes (along with any accompanying memoranda, cases or other supporting authorities - maximum of 8 in any binder) to CMS, no later than five (5) business days prior to the scheduled hearing date. Failure to do so may cause your hearing to be reset.
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Page 1 | Special Set Hearings
All orders must be submitted to the division within 48 hours after a hearing.
ALL ORDERS MUST BE SUBMITTED TO THE DIVISION WITHIN 48 HOURS AFTER A HEARING
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Page 1 | Hearing Procedures
Service and Proof of Service Rules
The client must be served with the Motion to Withdraw and Notice of Hearing, and the certificate of service for both documents must include the client's name and contact information.
You are also required to serve on your client a copy of the Motion to Withdraw as Attorney of Record and a Notice of Hearing. You must include your client's name and contact information in the certificate of service for both the Motion to Withdraw as Attorney of Record and Notice of Hearing.
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Page 1 | Motions to Withdraw as Attorney for Record
Motions for new trial must be served no later than ten days after the return of the verdict in a jury action or the filing of the judgment in a non-jury action.
All motions must be served not later than ten (10) days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.
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Page 1 | Motions for New Trial
Courtesy Copy Requirements
A Notice for Trial must be filed with the Clerk of Court and a copy mailed to the Judicial Assistant.
When filing a “Notice for Trial”, you MUST file the original with the Clerk of Court and mail a copy to the JA.
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Page 1 | Notice for Trial
Upon filing a Motion for Rehearing and/or Reconsideration, the filing party must provide a courtesy copy to the division judge along with stamped envelopes addressed to all parties.
UPON THE FILING OF A MOTION FOR REHEARING AND/OR RECONSIDERATION WITH THE CLERK OF COURT, THE FILING PARTY SHALL PROVIDE A COURTESY COPY TO THE DIVISION JUDGE ALONG WITH STAMPED ENVELOPES ADDRESSED TO ALL PARTIES
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Page 1 | Motions for Re-Hearing
Copies of the Notice of Hearing, the motion, and any related pleadings or discovery must be in the Judicial Assistant's hands five working days before the hearing, with originals filed with the Clerk.
Copies of the Notice of Hearing, the Motion, and any pleadings or discovery to which the Motion is addressed shall be in the hands of the Judicial assistant five (5) five working days in advance of the hearing. Originals to be filed with the Clerk.
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Page 1 | Motion Calendar
Attorneys must send their Motion to Tax Costs and Award Attorney's Fees to the judge's chambers along with self-addressed stamped envelopes for all parties.
Attorneys must send to the Judge's chambers their Motion to Tax Costs and Award Attorney's Fees, along with self-addressed stamped envelopes for all parties.
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Page 1 | Motion for Attorney's Fees and Tax Costs
The party requesting relief on an ex-parte or non-evidentiary motion must provide sufficient copies of the prepared order with self-addressed stamped envelopes for all parties.
The party requesting relief shall furnish the Court a prepared order and sufficient copies with self-addressed, stamped envelopes for all parties.
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Page 1 | Motion Calendar
When a case resolves, a Notice of Settlement or Notice of Voluntary Dismissal must be filed with the clerk and a copy showing the e-filing number emailed to the division email as soon as possible.
However, we expect that if your case does resolve, as a professional courtesy to the court, a Notice of Settlement/Notice of Voluntary Dismissal shall be filed with the clerk, and copy with the e-filing number on it emailed to the Division email as soon as possible, so that we can properly manage the rest of our docket.
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Page 1 | Notice for Trial
On a consent withdrawal, counsel must send the Judicial Assistant copies of the Motion to Withdraw, the Consent to Withdrawal, adequate copies of a proposed order, and addressed stamped envelopes for all parties including the client(s).
If your client or client(s) consent to your withdrawal, you do not need to set your Motion to Withdraw as Attorney of Record for a hearing. Instead, please e-file a Consent to Withdrawal (signed by all clients you wish to withdraw from), and send to the Judicial Assistant a copy of the Motion to Withdraw as Attorney of Record, the Consent to Withdrawal and adequate copies of a proposed order, and address stamped envelopes for all parties including your client(s).
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Page 1 | Motions to Withdraw as Attorney for Record
Pre-Motion Conference Requirements
All parties must confer and attempt in good faith to resolve the issues before scheduling any hearing.
All parties must confer prior to scheduling the hearing and in good faith attempt to reach a resolution of the issues.
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Page 1 | Hearing Procedures
Before setting a motion to compel discovery for hearing, both parties must make a bona fide, item-by-item effort to resolve each contested matter.
Prior to setting Motions to Compel on the docket, Judge Barner requires both parties to make a bona fide effort to resolve each contested matter, on an item by item basis, prior to the matter being set for hearing.
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Page 1 | Motions to Compel Discovery
If opposing counsel does not respond within two full days of good-faith contact, the hearing may be set unilaterally.
If you tried in good faith to coordinate a hearing, and have not received a response from opposing counsel within two full days of your contact, you may set the hearing unilaterally.
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Page 1 | Non-Responsive Attorneys
Adjournment & Extension Requirements
Before filing a Motion for Continuance, the moving party must first contact the opposing party to determine whether they object.
First, you must contact the opposing party to see if they have any objection.
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Page 1 | Motion for Continuance
Chambers Communication Rules
Landlord tenant/unlawful detainer hearings must be set through chambers and are held on Thursdays.
Landlord Tenant/Unlawful Detainer must be set through chambers (hearings are held on Thursdays)
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Page 1 | Hearings That Cannot Be Scheduled Online
Court staff will not engage in ex-parte communications or relay ex-parte information or messages to the judge, and parties must not ask court personnel to do so.
The Court staff will not have ex-parte communications with anyone and is not permitted to relay ex-parte information to the Judge. Please do not ask this Court's Judicial Assistant or other court personnel to communicate any message to the judge.
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Page 1 | Ex-Parte Communications
If the parties cannot agree on a hearing date or length, all persons responsible for scheduling must join a conference call with the Judicial Assistant to schedule the hearing.
If the parties cannot agree on a date or the length of the hearing, then all persons responsible for scheduling such hearing for each party must participate in a conference call to the Court's Judicial Assistant in order to schedule the hearing.
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Page 1 | Special Set Hearings
To have a matter heard in person at the courthouse instead of Zoom, parties must email the division (copying the other side) at least five days before the hearing.
If you prefer to have your matter addressed at the courthouse, please email us (copy the other side), at div54@17th.flcourts.org with your request, at least five days before the hearing.
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Page 1 | Zoom Info
Hearing cancellations must be made online, and same-day or next-day cancellations additionally require a phone call to the Judicial Assistant.
If you are cancelling the hearing, please be sure to cancel it on the on-line. If you are cancelling a hearing that is scheduled for the same or next day, please call the JA as well.
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Page 1 | Motion Calendar
Parties must consult the division procedures before calling chambers, and the chambers office is closed between 12:00 p.m. and 1:30 p.m. daily.
Please before calling, refer to the procedures for answers to many of your questions. The office is closed between 12:00 p.m. and 1:30 p.m. daily.
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Page 1 | Telephone Calls to Chambers
After complying with the Preliminary Order, the moving attorney must contact the Judicial Assistant to obtain special set hearing time on a motion to tax costs or award attorney's fees.
Once the attorneys have complied with the Preliminary Order and are ready for a special set hearing, the moving attorney must contact the Judicial Assistant to obtain special set hearing time.
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Page 1 | Motion for Attorney's Fees and Tax Costs