CASE NUMBER:
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,IN AND FOR MIAMI-DADE COUNTY, FLORIDA
PROBATE DIVISION
IN RE: ______
Case No. ______
Section ______/ O-3
ORDER SETTING CAUSE FOR NON-JURY TRIAL & PRETRIAL INSTRUCTIONS
THIS CAUSE is set for non-jury trial before the undersigned Judge in Chambers in the Lawson E. Thomas Courthouse Center, 175 Northwest 1st Avenue, 11th Floor, Miami, Florida, 33128, commencing on ______, 2016 at __:___ _.m. for a period of ______.
ALL ATTORNEYS AND/OR PRO SE PARTIES should be thoroughly familiar with the cause and prepared to consider and determine such matters as are set forth in Rule 1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this order may result in sanctions, including, dismissing the action, striking the pleadings, limiting proof or witnesses or taking any other appropriate action. It is further ORDERED and ADJUDGED as follows:
1. The parties shall take all reasonable and necessary measures to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Civil Procedure 1.330 and 1.460 and Judicial Administration Rules 2.250, and 2.545.
2. The following shall be done no later than forty-five days before the non-jury trial date set forth above:
(a) Parties shall furnish opposing counsel with a written list containing the names and addresses of all witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and only those witnesses listed shall be permitted to testify; further, regarding expert testimony, each party shall furnish all information required by Rule 1.280. Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial.
(b) A written list identifying all exhibits may be offered in evidence. Copies of witnesses and exhibit lists shall be timely filed with the Clerk of the Court.
(c) All exhibits to be offered in evidence at trial shall be made available to opposing counsel for examination and initialing.
(d) All plaintiffs/petitioners medical evaluations and other examinations, pursuant to Florida Civil Procedure Rule 1.360, shall have been completed.
3. The following shall be done at least ten days before the non-jury trial date set forth above:
(a) All pretrial motions, deposition notices for use at trial and/or discovery matters or proceedings related thereto. Counsel must undertake, initiate and/or complete all discovery in such a manner as to comply with the time limitations set forth herein. No further discovery procedures or depositions for preservations of testimony shall be allowed without leave of court or court approved written agreement of counsel.
(b) COUNSEL IS ORDERED TO MEET WITH A VIEW TOWARD EXHAUSTING ALL EFFORTS TO REACH A SETTLEMENT.
4. COUNSEL SHALL IMMEDIATELY NOTIFY THIS COURT IN THE EVENT OF SETTLEMENT AND SUBMIT A STIPULATION AND ORDER OF DISMISSAL FULLY EXECUTED OR FULL SETTLEMENT OF ALL PARTIES PRESENT SHALL BE PUT ON THE RECORD. A PARTIAL SETTLEMENT MAY NOT BE SUBMITTED BUT MUST BE SCHEDULED BEFORE THE COURT NO LATER THAN 10 DAYS PRIOR TO THE TRIAL.
Order Setting Cause for Non-Jury Trial & Pretrial Instructions Page 2 of 2
CASE NUMBER:
5. Mediation is mandatory and must be scheduled and completed, and the report submitted no later than ten days prior to the date of the trial.
6. This trial date is reserved. Any motions for continuance must be heard no later than 10 days before the trial date, and the aforementioned limitation(s) and provision(s) shall apply to the new trial date.
The above procedures are set forth in the best interest of judicial economy and the proper scheduling for counsel.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this ______day of ______, 20__.
______
Circuit Judge
CC: All Parties of Record
“If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 N.W. 1st Avenue, Suite 2702, Miami, Florida 33128, Telephone (305) 349-7175; TDD (305) 349-7174, or via Fax at (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.”
Order Setting Cause for Non-Jury Trial & Pretrial Instructions Page 2 of 2