Uniform Order Setting Adversary Proceeding For Trial And Pre-Trial (Non-Jury)

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY PROBATE, TRUST AND GUARDIANSHIP DIVISION IN RE: CASE NO. Petitioner(s), vs. DIVISION A Respondent(s). _______________________________/ UNIFORM ORDER SETTING ADVERSARY PROCEEDING FOR TRIAL AND PRE-TRIAL (NON-JURY TRIAL) (Revised May 1, 2008) This cause being at issue and the Court being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. That the above entitled cause is hereby set for NON-JURY TRIAL for the 2. following days and times: from __________(a.m.)(p.m.) to __________ (a.m.)(p.m.) on _____________________________________________________________________________. 2. That a PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable ________________________, Circuit Judge , Room , George Edgecomb Courthouse , 800 E. Twiggs Street _______ , Tampa, FL 33602 , on _________________ at _____________, pursuant to Rule 1.200, Florida Rules of Civil Procedure. 3. At least 90 days before the Pre-Trial Conference, counsel for the Plaintiff shall furnish to counsel for the Defendant and file directly with the Clerk, a list of the names and addresses of all witnesses who are expected to testify at the trial of this cause, including experts. At least 70 days before the Pre-Trial Conference, counsel for the Defendant shall furnish to counsel for Plaintiff, and file directly with the Clerk, a list of names and addresses of all witnesses that are expected to testify at the trial of this cause, including experts and rebuttal Revised May 1, 2008 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com witnesses. Each party's witness list shall specifically designate all expert witnesses and with respect to each expert witness each party shall disclose the expert's area of expertise, and serve a copy of each expert's reports or answers to expert interrogatories. In the absence of answers to expert interrogatories or an expert report, a party shall provide a summary of the testimony the expert is expected to provide. 4. That the attorneys for all parties are directed to meet together by agreement, initiated by counsel for the Plaintiff, no later than 7 days before the Pre-Trial Conference to: a) b) Mark all exhibits for identification; Prepare an exhibit list for the Clerk and Court (actual exhibits and documentation evidence shall be available for inspection at this time); c) Stipulate to the admission into evidence or list specific objections, if any, to each proposed exhibit; d) Stipulate as to any matter of fact and law about which there is no issue to avoid unnecessary proof; e) Review all depositions which are to be offered for any purpose other than impeachment to resolve objections to the portions to be offered in evidence; f. g) prove; h) Discuss and complete any other matters which may simplify the issues or Discuss the possibility of settlement; Submit an itemized statement of special damages Plaintiff expects to aid in the speedy disposition of this action, its Pre-Trial Conference and Trial. i) Draft one Pre-Trial Conference Order (using the form located at the Court website www.fljud13.org ), signed by all participating counsel, that shall be submitted directly to the Court at least 3 days prior to the Pre-Trial Conference. In the event the parties are unable to agree on any matter in the Pre-Trial Conference Order, the matter will be resolved at the PreTrial Conference. Revised May 1, 2008 Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 5. All motions shall be filed prior to the Pre-Trial Conference. All motions, except motions in limine, not heard by the Pre-Trial Conference shall be deemed abandoned. 6. Counsel shall complete all discovery, including independent medical examinations, at least 15 days prior to the first day of trial. Discovery conducted after this time period shall only be permitted on the order of the Court for good cause shown. 7. The case shall be mediated or arbitrated prior to the Pre-Trial Conference unless waived by the Court. 8. Counsel shall be prepared to negotiate settlement at the Pre-Trial Conference and have full authority to settle the case or have available at the conference a party or representative who does have full authority to settle. 9. That in order for the full purpose of the Pre-Trial procedures to be accomplished, each party shall be represented at all meetings and hearings herein described by an attorney and party or agent who will participate in the trial of the cause and a person who is vested with full authority to make admissions and disclosures of fact and to bind his or her clients by agreements in respect to all matters pertaining to the trial of the cause and the Pre-Trial Conference. 10. Failure to comply with the requirements of this Order shall subject counsel and the parties to such sanctions as the Court shall determine just and proper under the circumstances. 11. The parties shall do all things reasonable and necessary 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 Rules Civil Procedure. 12. Counsel shall immediately notify this Court in the event of settlement and submit a stipulation for an Order of Dismissal and a Final Disposition form. Counsel shall likewise notify the Court in the event the parties wish to avail themselves of the "Voluntary Trial Resolution" provisions of Chapter 44, Florida Statutes. 13. No later than 7 days prior to the Pre-Trial Conference the attorneys for all parties shall notify the Court's Business Center (CBC) (813 272-5520) as to any audio-visual equipment Revised May 1, 2008 Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com or other multi-media technology they intend to reserve for use at trial, as indicated in paragraph 22 of the UNIFORM PRE-TRIAL CONFERENCE ORDER. 14. No later than 7 days prior to the Pre-Trial Conference the attorneys for all parties shall, if desired, secure the services of a court reporter for trial. 15. All provisions of this order that require compliance by counsel are likewise applicable to any party appearing pro se. 16. _________________________________________________________________ ____________________________________________________________________________ DONE AND ORDERED in Chambers at Tampa, Hillsborough County, Florida, this ______ day of ______________, 20 _____. _________