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Uniform Order Setting Cause For Trial And Pre-Trial (Jury Trial) - Florida
| Uniform Order Setting Cause For Trial And Pre-Trial (Jury Trial) Form. This is a Florida form and can be used in Civil Hillsborough Local County . |
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY GENERAL CIVIL DIVISION ____________________________ ____________________________, Plaintiff(s), CASE NO.:______________________ vs. DIVISION: _____________________ ____________________________ ____________________________. Defendant(s). _________________________________/ UNIFORM ORDER SETTING CAUSE FOR TRIAL AND PRE-TRIAL (JURY TRIAL) (Revised April 25, 2012) This cause being at issue and the Court being otherwise fully advised in the premises, it is hereby, ORDERED AND ADJUDGED as follows: 1. The above-entitled cause is hereby set for JURY TRIAL during the week(s) of ______________________________________, commencing at ________________, or as soon thereafter as the cause may be heard. 2. A PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable ____________________________, Circuit Judge, George Edgecomb Courthouse, 800 E. Twiggs Street, Room _______, Tampa, FL 33602, on ___________________________, at _________ AM / PM, pursuant to Rule 1.200, Florida Rules of Civil Procedure. 3. At least 120 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, including expert witnesses and rebuttal witnesses, who are expected to testify at the trial of this cause. At least 90 days before the Pre-Trial Conference, counsel for the Page 1 American LegalNet, Inc. www.FormsWorkFlow.com Defendant shall furnish to counsel for Plaintiff, and file directly with the Clerk, a list of names and addresses of all witnesses, including expert witnesses and rebuttal witnesses, who are expected to testify at the trial of this cause. 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. With respect to each disclosed expert witness, the disclosing party shall provide to all other parties, not less than five (5) proposed deposition dates. 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. Counsel shall complete all discovery, including compulsory medical examinations, at least 30 days prior to the Pre-Trial Conference. Discovery conducted after this time period is strongly disfavored and shall be permitted by order of the Court only under exceptional circumstances. 5. All dispositive motions and all Frye challenges shall be filed not later than 45 days before the Pre-Trial Conference and must be scheduled for hearing prior to the Pre-Trial Conference. All other motions shall be filed and heard prior to the Pre-Trial Conference. All motions other than motions in limine not heard before the Pre-Trial Conference shall be deemed abandoned. Motions in limine shall be filed not less than 30 days prior to the trial and shall be scheduled for hearing on or before the Friday before trial. Objections raised in depositions expected to be introduced at trial shall be filed with the Court prior to the Pre-Trial Conference. Those objections shall be scheduled for hearing on or before the Friday before trial. 6. The attorneys for all parties are directed to meet together by agreement initiated by counsel for the Plaintiff, no later than 10 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); Page 2 American LegalNet, Inc. www.FormsWorkFlow.com 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) h) Discuss the possibility of settlement; Submit an itemized statement of special damages Plaintiff expects to prove; Discuss and complete any other matters which may simplify the issues or aid in the speedy disposition of this action, its Pre-Trial Conference and Trial; i) Draft one Pre-Trial Conference Order (using the form order 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 a matter in the Pre-Trial Conference Order, the matter will be resolved at the Pre-Trial Conference. 7. The parties shall submit the cause to mediation or arbitration which shall be completed 30 days prior to the Pre-Trial Conference unless waived by the Court. 8. Instructions and verdict forms shall be submitted to the Court no later than the Pretrial Conference. Each instruction shall be on a separate sheet of paper. Counsel shall confer prior to trial as to any agreement they can reach on the instructions and verdict forms and advise the court at the Pretrial Conference. In order that the Court may provide the jury with a set of written jury instructions for consideration during deliberations, the parties shall provide the Court at trial a clean copy of the requested instructions for each juror and alternate and a proposed verdict form (not numbered and with no designation as to the requesting party or citations to supporting authority). 9. 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. Page 3 American LegalNet, Inc. www.FormsWorkFlow.com 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 of Civil Procedure. 12. Counsel shall immediately notify this Court in the event of settlement, and submit a stipulation fo
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