IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT



IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT

IN AND FOR OKEECHOBEE COUNTY, FLORIDA

CASE NO.

Plaintiff,

vs.

Defendants.

__________________________________/

CIVIL SAMPLE CASE MANAGEMENT/PRE-TRIAL ORDER

THIS MATTER came before the Court on ________________________, 2017 for

a Case Management Conference and the following persons having been ordered to appear:

Counsel for the Plaintiff ( appeared ( did not appear ( N/A

The Plaintiff ( appeared ( did not appear

Counsel for the Defendant (s) ( appeared ( did not appear ( N/A

The Defendant(s) ( appeared ( did not appear

IT IS HEREBY ORDERED THAT:

STIPULATIONS

The parties have stipulated to the following matters:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

The stipulations are accepted by the Court and shall not be subject to further litigation without an order of Court on good cause shown. The parties are bound by these stipulations.

SETTING THE CASE FOR A TRIAL DATE

_____ Upon completion of the pre-trial statement, with a copy to the Court, either party may notice the case for status conference on a Uniform Motion Calendar (limited to ten minutes per case). If the parties advise that they cannot reach a settlement and that a trial is requested, the Court will then review the filed pre-trial statement of the parties, as outlined above. If the Court is satisfied that the pre-trial statement is complete, and it otherwise appears that the parties are in compliance with this Order, the Court will then set a trial date. Do not file a Notice for Trial as this will prompt the court to issue a standard pre-trial order which will have other deadlines. If that should happen, the deadlines and other requirements of this order will still prevail. Dispositive motions and motions in limine must be filed sufficiently before trial to allow time for hearing before trial.

OR:

DOCKET CALL

_____ The docket call is set on ___________________________, 20____, at ______ o’clock A.M./P.M. _______________hour/days are reserved for docket.

OR:

TRIAL DATE

_____ Trial is set on ___________________________, 20____, at ______ o’clock A.M./P.M. _______________hour/days are reserved for trial.

MEDIATION

( ) Mediation has been completed, and resulted in an impasse.

( ) The parties shall attend and complete mediation by ________________________

The cost of mediation shall be divided equally by the parties.

DISCLOSURE OF WITNESSES

______ The names and addresses of all potential fact witnesses, and a summary of the nature of their testimony, must be disclosed by each party to all other parties by _______________ .

The name and address of each expert witnesses whom the party expects to call as an expert witness at trial, along with a curriculum vitae, and a statement of the subject matter on which the expert is to expected to testify, the substance and facts and opinions to which the expert is to expected to testify and a summary of the grounds for each opinion, must be disclosed by the Plaintiff(s) to all opposing parties by ___________________ and must be disclosed by the Defendant(s) to all opposing parties within 60 days thereafter. All expert witnesses must be made available for depositions prior to the discovery cutoff date or they will not be permitted to testify, absent good cause shown.

DISCOVERY AND REQUIRED FILINGS

____ All interrogatories and requests to produce or inspect shall be served within 20 ____ days.

All depositions shall be concluded by ___________________________.

The parties shall file the following documents by ____________________________________ :

_____________________________________________________________________________

_____________________________________________________________________________

____ All discovery must be completed by ___________________________ from this Order, absent agreement for later discovery specifically stated in the joint pre-trial statement, or by order of the Court for good cause shown.

PRE-TRIAL MEETING

_____ Counsel for all parties and pro se parties must communicate directly by _____________:

a. Discuss settlement.

b. Stipulate to as many facts and issues as possible.

c. Prepare a pre-trial statement in accordance with Paragraph 9.

d. Examine all exhibits and documents which may be offered into evidence.

e. Counsel must make available to opposing counsel and pro se parties, those portions of depositions they intend to introduce at trial in lieu of live testimony, and opposing counsel and pro se parties must note in the pre-trial statement all objections which require resolution by the Court.

PRE-TRIAL STATEMENT

_____ It is the duty of counsel for the Plaintiff to see that the pre-trial statement is executed by all parties, and filed with the Clerk by __________________________. All parties MUST cooperate to complete accomplish this requirement. The pre-trial statement must contain the following paragraphs:

a. A concise statement describing the facts of the case in an impartial, easily understandable manner

b. A statement of agreements and stipulated facts which require no proof at trial.

c. A statement of all issues of law and fact for determination at trial.

d. A specification of the relief claimed by each party.

e. A statement of estimated trial time.

f. An identification of unusual issues, either evidentiary or procedural, that are expected to arise during trial.

g. A list of the witnesses who may be called at trial with their addresses, and a brief statement outlining the nature of each witness' testimony. Expert witnesses must be designated as such with a brief statement outlining the nature of the expertise and the opinion testimony to be offered. Witnesses not listed may not be called at trial. Expert witnesses are limited to no more than two in any one expert field. The Court may make other rulings or limitations on witnesses, including experts, as the nature of the case and justice requires.

h. A list of all exhibits which may be introduced at trial, itemized as indicated below. Counsel must note a waiver of objection for those exhibits where there is no good faith basis to object to the exhibit. All exhibits must be marked and filed with the Clerk prior to trial as follows:

1. a list of all exhibits to be admitted in evidence by the Plaintiff without objection by the Defendant(s);

2. a list of all exhibits to be admitted in evidence by the Defendant(s) without objection by the Plaintiff;

3. a list of all other exhibits of the Plaintiff, that are objected to by the Defendant(s), noting the specific evidentiary objections and the reasons therefore on the pre-trial statement;

4. a list of all other exhibits of the Defendant(s), that are objected to by the Plaintiff, noting the specific evidentiary objections and the reasons therefore on the pre-trial statement.

Exhibits not listed will not be admitted at trial. Parties may not "reserve all objections” in the pre-trial statement. Each party must prepare in advance of trial and furnish to the courtroom clerk at the time of commencement of trial, a typed list of all of his or her exhibits containing a brief description of each.

ONLY in cases in which there is one or more pro se parties: If for any reason a joint pre-trial statement is not timely executed by all counsel and pro se parties, each counsel and each pro se party must file and serve separate pre-trial statements with a statement of why the joint statement was not executed. Each party will have ten (10) days from receipt of the other party’s unilateral trial statement to make specific objections to each exhibit, including the basis of the objection. Failure to object within that time will constitute a waiver to the admissibility of those exhibits.

UNIQUE OR PARAMOUNT QUESTIONS OF LAW

_____ No later than _____________________________, counsel for the parties must provide the Court with a memorandum of law, addressing any paramount or unique legal issues which may reasonably be anticipated to arise during the trial. Copies of legal authority are appreciated, but not required. In this case, the attorneys have already advised the Court that ___________________________________________________________________________

Each memorandum shall cite and attach the statutory and appellate authority relied upon to support their respective positions. The memorandum may be very brief, but should be based on complete and thorough research, and copied to the Court and opposing counsel.

Other:

COURT REPORTER

In absence of agreement otherwise, the Petitioner (person seeking relief) is required to retain a court reporter for trial. Failure to provide a transcript for an appeal is likely to prevent a successful appeal. Failure to provide a court reporter may be grounds for cancellation of the trial, and may be considered as grounds for sanctions.

COMPLIANCE REQUIRED

Relief from a provision in the order, or need a modification of it, may be requested upon stipulated motion or at any Uniform Motion Calendar hearing.

Any failure on the part of any party to act in good faith or failure to comply with this pre-trial order should be reported to the Court by the filing of a "Suggestion of Non-compliance with Case Management/Pre-trial Order", and must be set in a timely manner for a hearing by the reporting party. Uniform Motion Calendar hearings may be used. A copy of the Suggestion of Non-compliance must be served on all counsel/pro se parties and a copy must be sent to the Court.

SANCTIONS

Failure to comply with the other terms of this Order will also result in sanctions being imposed, including, but not limited to attorney's fees, costs, striking of pleadings, default or dismissal. This Order will be strictly enforced as a means to maintain judicial efficiency in the face of an ever-rising number of family law cases filed in this state.

CASE DISPOSITIONS

If at any time after the entry of this order this case is dismissed or results in a completed settlement, counsel must immediately notify this Court's Judicial Assistant to remove the case from the trial date. Due to the volume of cases pending, counsel should not assume that the submission of a copy of the dismissal or the settlement paperwork would satisfy this requirement. Counsel must make the notification by telephone or brief letter. Counsel must expeditiously file all paperwork necessary to close the case.

ORDERED at Okeechobee, Okeechobee County, Florida, on ______ ____ , 20 .

LAURIE E. BUCHANAN, CIRCUIT JUDGE

Copies furnished to:

NOTICE TO PERSONS WITH DISABILITIES

ENGLISH:

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 Court Administration, 250 NW Country Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4370 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.

SPANISH:

Si usted es una persona discapacitada que necesita algún tipo de adecuación para poder participar de este procedimiento, usted tiene derecho a que se le ayude hasta cierto punto y sin costo alguno. Por favor comuníquese con Court Administration, 250 NW Country Club Drive, Suite 217, Port St. Lucie, Fl. 34986, (772) 807-4370, al menos 7 días antes de su fecha de comparecencia o inmediatamente después de haber recibido esta notificación si faltan menos de 7 días para su cita en el tribunal. Si tiene discapacidad auditiva o de habla, llame al 711.

KREYOL:

Si ou se yon moun ki andikape epi ou bezwen nenpòt akomodasyon pou ou ka patisipe nan pwosè sa-a, ou gen dwa, san ou pa gen pou-ou peye anyen, pou yo ba-ou yon seri de asistans. Tanpri kontakte Administrasyon Tribunal-la, 250 NW Country Club Drive, Suite 217, Port St. Lucie FL 34986, (772) 807-4370 omwen 7 jou alavans jou ou gen pou-ou parèt nan tribunal-la, ouswa imedyatman kote ou resevwa notifikasyon-an si ke li mwens ke 7 jou; si ou

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