Judge Daniel J. Kanner
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Court-wide- 1 copy
Motion
Court-wide- 1 copy • Email • Upon Filing
Motion For Rehearing
Court-wide- 1 copy • Email • Upon Filing
Notice Of Change Of Plea
Court-wide- 1 copy • Email • Upon Filing
Communication
Chambers
Phone
Chambers
Document Filing Requirements10 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
When filing a "Notice for Trial", you MUST file the original with the Clerk of Court and mail or deliver a copy of the "Notice for Trial" along with stamped self-addressed envelopes for all parties to the Judge's Judicial Assistant.
Summary: A Notice for Trial must be filed with the Clerk and a copy, with stamped self-addressed envelopes for all parties, mailed or delivered to the Judge's Judicial Assistant.
Document Type
Notice For Trial
The quote is in the court's document. The summary is not checked yet.Mandatory?
Stipulations shall be executed by both the former attorney and the new Attorney and must be compliant with Florida Rule of Judicial Administration 2.505(e)(2).
Summary: Stipulations of substitution of counsel must be executed by both the former and new attorney and comply with Fla. R. Jud. Admin. 2.505(e)(2).
Document Type
Stipulation Of Substitution Of Counsel
The quote is in the court's document. The summary is not checked yet.Mandatory?
Please note that submission of a motion to invoke the rules and waive appearance does NOT excuse appearance at the Pretrial Conference unless the Court has actually entered the order. TO AVOID DELAY, PLEASE PROVIDE THE ORDER, DIRECTLY TO THE COURT NOT THE CLERK.
Summary: Filing a motion to invoke the rules and waive appearance does not excuse appearance at the pretrial conference unless the order has actually been entered, and the order should be provided directly to the Court, not the Clerk.
Document Type
Motion To Invoke Rules And Waive Appearance
The quote is in the court's document. The summary is not checked yet.Mandatory?
All Orders on withdrawal must have the name and address of your former client for service of further pleadings. Florida Rule of Judicial Administration 2.505(f).
Summary: All attorney withdrawal orders must include the name and address of the former client for service of further pleadings.
Document Type
Order On Attorney Withdrawal
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any and all Orders submitted to the Judge in hard copy must be accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties.
Summary: Hard copy orders submitted to the Judge must be accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties.
Document Type
Hard Copy Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
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: Proposed orders without substitution of counsel for a corporate party must include the warning that the corporation must retain new counsel within 20 days or risk default or striking of pleadings.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
IF THERE IS NOT A SUBSTITUTION OF COUNSEL , ALL PROPOSED ORDERS MUST INCLUDE A PARAGRAPH THAT STATES: 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".
Summary: Where there is no substitution of counsel, all proposed orders must include the required paragraph directing that future pleadings for the withdrawn individual party be served on the former client, who may then appear pro se.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Judge Kanner requires a uniform order for that purpose. Proposed orders submitted which are not in compliance will not be entered. The required form is attached to these instructions.
Summary: Requests to invoke the rules and waive appearance in small claims cases require the judge's uniform order form; non-compliant proposed orders will not be entered.
Requirement
Document requirement
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Judge's Judicial Assistant is not permitted to schedule any emergency hearings without approval by the Judge. In order to obtain a hearing time for an "Emergency Hearing", you must provide the Judge's Office with a copy of the motion and other supporting documentation, along with a cover letter advising how much time is requested for the hearing – taking into account the amount of time that may be required by all potential parties.
Summary: To obtain an emergency hearing, the moving party must give the Judge's Office the motion, supporting documentation, and a cover letter stating the time requested; the Judicial Assistant cannot schedule emergency hearings without the Judge's approval.
Document Type
Emergency Hearing Request
The quote is in the court's document. The summary is not checked yet.Mandatory?
Motion must have the client's signed consent attached. Otherwise, you must set the motion on the motion calendar, certify that a copy of the motion and notice of hearing was provided to your client at the last known address.
Summary: A motion to withdraw as attorney must have the client's signed consent attached; otherwise it must be set on the motion calendar with certification that the motion and notice of hearing were provided to the client at the last known address.
Document Type
Motion To Withdraw As Attorney
Filing & Service rules
Electronic Filing Rules
Judge Kanner prefers that agreed orders, proposed orders, compel orders, and orders invoking the rules be submitted electronically via CMS.
Judge Kanner prefers that Agreed Orders/Proposed Orders/Compel Orders/Orders Invoking the Rules of Civil Procedure be submitted via CMS (electronically).
The quote is in the court's document. The summary is not checked yet.
Page 1 | Agreed Orders/Proposed Orders/Compel Orders /Orders Invoking Rules of Civil Procedure
Pre-Motion Conference Requirements
All parties must confer and attempt in good faith to resolve the issues before scheduling a special set 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 | Special Set Hearings Procedure
Adjournment & Extension Requirements
Posted special set hearings may only be cancelled by the parties with a written stipulation of agreement on the merits or with court approval.
Hearings that have been posted to the Special Set Docket may only be cancelled by parties if an agreement on the merits has been reached and the parties have entered into a written stipulation, or with court approval (Local Rule 11).
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Page 1 | Special Set Hearings Procedure
Agreed continuances are submitted as e-orders; if opposed, a hearing must be set under Fla. R. Jud. Admin. 2.545(e), and submitting an agreed order does not guarantee the continuance will be granted.
If the continuance is agreed to by all parties, please submit an agreed order to the Judge as an e-order. If the opposing side objects to the continuance, it will be necessary to set a hearing on the Motion. Florida Rule of Judicial Administration 2.545(e). The submitting of an Agreed Order does not guarantee that the Court will agree to the continuance.
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Page 1 | Motions for Continuance
Chambers Communication Rules
Parties must notify the judge's office immediately if a special set hearing matter settles or a new date is needed.
If the matter settles, or you need to obtain a new date, you must notify the judge's office immediately.
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Page 1 | Special Set Hearings Procedure
For non-jury trials, trial evidence must be uploaded to the Division email at least two days before trial.
NON JURY TRIALS - Evidence to use at Trial must be uploaded to the Division email at least two days prior to trial. (div55@17th.flcourts.org)
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Page 1 | Notices for Trial
Special set hearings longer than 30 minutes must be scheduled through Judge Kanner's Judicial Assistant.
All special set hearings greater than 30 minutes must be set through Judge Kanner's Judicial Assistant.
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Page 1 | Special Set Hearings Procedure
If the parties cannot agree on a hearing date or length, all scheduling persons for each party 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 Procedure
Attorneys must send motions to tax costs and award attorney's fees to chambers, and after complying with the preliminary order, the moving attorney must contact the Judicial Assistant to obtain a special set hearing time.
Attorneys must send to the Judge's chambers their Motion to Tax Costs and Award Attorney's Fees. Once the Judge receives it, he will enter an Order Preliminary to hearing on Motion to Tax Costs and Award Attorneys Fees. Once the attorneys comply with the order and are ready for a special set hearing, the moving attorney must contact the Judge's Judicial Assistant to obtain a special set hearing time.
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Page 1 | Motions for Attorney's Fees and Tax Costs
Parties may not ask the Judicial Assistant or other court personnel to relay messages or information to the judge, as this constitutes prohibited ex parte communication.
EX-PARTE COMMUNICATIONS: Please do not ask this Court's Judicial Assistant or other court personnel to communicate any message to the judge. This is prohibited ex-parte communication. The Court's staff is not permitted to relay ex parte information to the judge.
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Page 1 | Telephone Calls to Chambers
Counsel should call chambers only after first reading all of the division's published procedures.
Please only call the Court's chambers after you have read all of the procedures contained on this page.
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Page 1 | Telephone Calls to Chambers
Parties must notify the Court by email or phone as soon as possible if a case set for trial resolves.
If your case resolves after being set for trial, please notify the Court via email or phone, as soon as possible, so as to allow other cases to use that time.
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Page 1 | Notices for Trial