Standard PIP Pre-Trial Order Div I Or J

IN THE THIRTEENTH JUDICIAL CIRCUIT COURT FOR HILLSBOROUGH COUNTY, FLORIDA COUNTY DIVISION COUNTY CIVIL MEDIATION PROGRAM , Plaintiff(s) vs. Case No.: Division: "I" or "J " , Defendant(s) ____________________________/ STANDARD PIP PRE-TRIAL ORDER THIS CAUSE having come on for Pretrial Conference on and the Court having heard argument of counsel and otherwise fully advised in the premise and the law, it is: RESPONSIVE PLEADING DUE ORDERED and ADJUDGED that Defendant shall have twenty (20) days from the date of the Pretrial Hearing to file a responsive pleading; it is further; FLORIDA RULES OF CIVIL PROCEDURE TO APPLY TO THIS ACTION ORDERED and ADJUDGED that all Rules of the Florida Rules of Civil Procedure except for F.R.C.P. 1.442 shall apply to the prosecution of the case, and that counsel for either party may bring a separate motion to this Court for determination of the applicability of Rule 1.442 to this proceeding; it is further; DISCOVERY SERVED WITH THE COMPLAINT (if any) ORDERED and ADJUDGED that the Defendant will have thirty (30) days from the date of the Court's entry of this Order in which to respond to Plaintiff's discovery served with the Complaint, if any, it is further; MEDIATION BETWEEN THE PARTIES American LegalNet, Inc. www.FormsWorkflow.com ORDERED and ADJUDGED that the parties shall schedule a Mediation of this matter within forty (40) days from the date of the pre-trial conference for resolution of this case, pursuant to Section 44.102, Florida Statutes (2005) et. seq., and Rule 1.750 Florida Rules of Civil Procedure (2005). All parties, or their designated representative possessing settlement authority, are required to attend the Mediation Conference, which shall be conducted by a mediator certified by the State and appointed by the County Civil Diversion Program. If a party requests to appear by telephone, all parties must agree and written evidence of such, along with written statement showing good cause why the party should not appear in person, must be furnished to the mediation program no later than ten days from the date of this order. If there is not consent from all parties, the party desiring to appear by telephone shall have ten days from the date of this order to file a motion requesting telephone appearance. Mediation Program must be notified in writing of motion hearing and result. Fax (813)-301-3706. Failure of any party to comply with the terms of this Order may result in involuntary dismissal, default judgement or other appropriate sanctions including a monetary assessment as provided by the Florida Rules of Civil Procedure; it is further; Ordered that, in the event the case settles prior to mediation, it shall be the responsibility of the plaintiff, or his/her/its representative, to notify Mediation & Diversion of the settlement of the matter, and the cancellation of the mediation. NON-BINDING ARBITRATION IF CASE DOES NOT RESOLVE AT MEDIATION It appearing on the pleadings that the above-captioned cause is a contested civil action which is appropriate for court-annexed nonbinding arbitration; it is hereby, ORDERED and ADJUDGED that if the matter does not settle before or at Mediation, the parties will then schedule and conduct Non-binding arbitration of this matter to be completed within seventy-five (75) days from the date of the mediation. IT IS FURTHER ORDERED that the parties are referred to nonbinding arbitration for resolution of this cause, pursuant to rule 1.820, Florida Rules of Civil Procedure, section 44.103, Florida Statutes (1997), and in accordance with Administrative Order 98-106. MOREOVER, American LegalNet, Inc. www.FormsWorkflow.com 1. At the mediation, unless otherwise ordered by the court, the parties shall present in writing to the Circuit Civil Diversion Program (the Program) their choice of whether to use a single court-certified arbitrator or panel of three courtcertified arbitrators and the name(s) chosen to preside over the referred matter. If the parties agree to use a panel, the plaintiff and defendant shall each select their choice of arbitrator and submit same to the Program office. In the case of multiple plaintiffs or defendants, each side shall mutually agree upon their choice of arbitrator. The parties are cautioned that their choice of arbitrator shall be considered an impartial member of the panel and must in no event be considered an advocate of that party's position. Further, there shall be no ex parte communication with any arbitrator with respect to substantive issues of the case. Within five (5) days of their designation by the parties, those two chosen arbitrators will choose by agreement the third arbitrator. The parties have the right to object to the third arbitrator by submitting their objection in writing to the Program office within five (5) days of the selection. If a party objects to the selection of the third arbitrator, another selection shall be made in the same prescribed manner. The three arbitrators will in turn agree as to who shall serve as chief arbitrator. If the parties elect to use a single arbitrator, they must agree upon a selection. Arbitrators shall be members of the Florida Bar, except where otherwise agreed in writing by the parties, and any chief arbitrator shall have been an active member of the Florida Bar for at least five (5) years (Fl. Rule 11.010). If the parties cannot agree whether to use a panel or single arbitrator, unless otherwise ordered a single arbitrator will be appointed by the court. If the parties do not indicate their choice of arbitrator(s) within the time limits set forth herein, the court will appoint. In any event the Program office will issue a notice indicating the designated arbitrator(s) as well as the time and place of the arbitration hearing as provided infra. 2. If the parties do not exercise their option to pre-schedule the hearing (within 10 days after the mediation conference), the option is forfeited, and a date will be set without consulting the parties and same will be enforced by the Court. 3. All parties, including non-counsel representatives of corporate parties with full authority to settle the matter, must attend the arbitration hearing. If an insurance company is involved in the matter, whether or not it is a named party, it shall send a representative with full and absolute authority to resolve the matter for an amount which is the lesser of the policy limits or the most recent demand of the adverse party. Parties may be repres