Fourth Judicial Circuit of Florida, Clay, Duval and Nassau Counties Filing Rules

When the parties agree by email to set the case for trial, the movant must include a fully completed Division CV-E Trial Set Memorandum in the email to the Judicial Assistant.

After filing a motion to set a family case for trial or hearing, counsel or pro se parties must coordinate an ex parte date and email the judicial assistant a completed trial-set memorandum and courtesy copies of the motion and notice of hearing as one PDF.

The Joint Pre-Trial Stipulation must identify any proposed pleading amendments.

After a hearing date and time are agreed upon, the moving party must prepare the notice of hearing.

To set a case for trial, the requesting party must file a Motion to Set Case for Trial, complete a Trial Set Memorandum, agree on a trial date, and email the motion, memorandum, and agreed date to the judicial assistant.

All parties must be copied on emails to the judicial office unless an ex parte communication is legally authorized.

Attorneys and self-represented litigants must use Form 2.603 whenever their electronic-service email account changes.

An attorney requesting a hearing must email the Judicial Assistant and copy any other attorneys.

When the Judicial Assistant is absent for more than one day, an automatic reply to received emails provides further instructions for the request.

Telephonic or Zoom appearances do not require court permission for non-evidentiary motion hearings lasting 30 minutes or less.

All discovery responses must be supplemented within five days after supplementation is triggered under Florida Rule of Civil Procedure 1.280(g).

Ordinary Daubert motions or objections must be filed and served at least 45 days before the pretrial conference.

Expert-related motions and objections must be filed and served at least 60 days before trial begins.

The pretrial stipulation must be submitted three days before the pretrial conference.

Counsel must request a remote appearance no later than five days before the hearing.

The party presenting the proposed order must provide addressed, stamped envelopes for parties not using e-Portal.

An ex parte emergency motion must explain why notice should not be given; otherwise, proof of service on the other party is required.

A notice of hearing must be filed and served immediately after hearing time is reserved.

If counsel lacks an email address for an unrepresented party, counsel must mail or hand-deliver the proposed order and cover letter to the court.

Counsel must mail copies of the conformed order to the parties when the party lacks an email designation.

When voluminous TIFF production is anticipated, the parties must meet and confer about making the production reasonably usable by the requesting party.

Exhibits must be submitted in paper format, sufficient copies must be provided for the Court and each party, and each exhibit must use the specified party-label format.

Documentary exhibits must be submitted to the Court Clerk in paper format.

Submissions of 25 pages or fewer should be emailed for hearings conducted through Zoom.

Voluminous courtesy copies must be placed on a flash drive and delivered to the court for destruction because they have already been filed with the clerk.

One courtesy copy of the proposed orders must be emailed to the Judicial Assistant in Word format by the proposed-order filing deadline.

Courtesy copies of case law are required for evidentiary proceedings, with specified exceptions for certain motions, petitions, memoranda, and other filings governed by applicable procedural rules.

The party filing the motion must provide a copy for review by U.S. Mail, hand delivery, or e-mail when the motion is filed.

Courtesy copies of motions and memoranda should be delivered at least one week before the scheduled hearing.

Optional courtesy hard copies may be provided by U.S. mail, FedEx, UPS, or hand delivery.

The parties may jointly submit a Trial Set Memorandum and proposed trial order through the e-portal at least 14 days before the case management conference to request cancellation of that conference.

The jury trial set memorandum must be fully completed, identify the desired mediator and trial date, and be emailed to the judge’s judicial assistant with the motion to set trial.

The Notice of Hearing should be electronically filed and served as soon as possible after hearing time is reserved.

An order admitting an original will and any simultaneous orders must be mailed or hand-delivered to the clerk and must not be emailed.

A motion to set a case for trial or a notice for trial must be filed electronically.

Rescheduling, cancellation, extension, or postponement requests must rest on reasonably legitimate reasons and must not be sought solely for delay or unfair advantage.

A continuance motion must be written and filed before the Final Pretrial Conference, state that counsel conferred with opposing counsel, include opposing counsel’s position, comply with Florida Rule of Criminal Procedure 3.190(f), and establish good cause.

A party seeking to reschedule mediation for an emergency, serious illness, or other unexpected event must give the Family Mediation Unit at least two business days' notice unless notice is impossible.

A set hearing may not be cancelled without the Court’s consent.

Continuances are disfavored and may be granted only when good cause is shown.

A pre-filing conferral must involve a substantive, good-faith conversation in person, by telephone, or through communication technology; an exchange of ultimatums is insufficient, and any assertion of failed conferral must detail at least three attempts during the preceding month.

Except for the listed motion types, counsel must meet and confer before a hearing on a motion in Circuit Civil Division B can be scheduled.

Before filing a motion to compel discovery, the moving party must confer in good faith with the non-moving party to attempt to resolve the dispute.

Parties must meet and confer before filing any motion.

A hearing on a non-emergency motion will not be scheduled until the motion is filed and opposing counsel has had a reasonable time to review it.

Counsel are encouraged to timely file written argument supporting and opposing their positions.

Emailed exhibits should be bundled into one PDF or otherwise consolidated into as few PDF files as possible.

The court encourages parties, where possible, to coordinate and submit one copy of supporting materials.

The parties may attach the plaintiff’s and defendant’s trial witness lists to the joint pre-trial stipulation as exhibits.

A motion to cancel sale, including an emergency motion, must be submitted as early as possible to permit adequate review and action.

A party filing protected health information obtained by subpoena, discovery, or under a qualified protective order must identify it to the Circuit Court Clerk for sealing; a separate sealing order is not required.

The judicial feedback form becomes a confidential document owned by the evaluated judge after evaluating counsel completes and transmits it.

The non-movant’s “Additional Facts” may not exceed 5 pages, in addition to the 10-page limit for the opponent’s Statement of Material Facts.

Each party must pay one-half of the mediation costs in advance of or at the start of mediation unless the court orders otherwise.

The court permits junior counsel to handle appropriate hearings, providing experience and helping move the case along.