In the Circuit Court of The

Total Page:16

File Type:pdf, Size:1020Kb

In the Circuit Court of The

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY FLORIDA

PLAINTIFF DEFENDANT CASE # DIV

FORECLOSURE UNIFORM ORDER SETTING CAUSE FOR NON-JURY TRIAL, and TRIAL INSTRUCTIONS

ATTORNEY TRYING CASE MUST APPEAR. If unrepresented, the party must appear. FAILURE TO APPEAR WILL RESULT IN STRIKING OF PLEADINGS, AND DISMISSAL OF CASE OR ENTRY OF DEFAULT. THE COURT ALSO HEREBY NOTICES THE TIME OF TRIAL.

THIS CAUSE is set for Non-Jury Trial before the Presiding Judge in Courtroom ______of the ______Courthouse, located at: ______.

DATE or as soon thereafter as the same may be heard.

NO MOTIONS FOR CONTINUANCE WILL BE HEARD AT TRIAL.

All attorneys should be thoroughly familiar with the cause and prepared to consider and determine such matters as are set forth in Rule 1.200, Fla. R. Civ. P. (2010). Accordingly, said notice further constitutes your notice of pretrial and case management conference. 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 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. See Rule 1.300. 2. The following shall be done no later than TWENTY (20) days prior to trial date set forth above: (a) Parties shall furnish opposing counsel with the names and addresses of all expert witnesses to be called at trial and all information regarding expert testimony that is required by Rule 1.280(4)(A). Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial. Information furnished pursuant to this paragraph shall be timely filed with the Clerk of the Court. (b) All exhibits to be offered in evidence at trial shall be made available to opposing counsel for examination and initialing.

3. The following shall be done no later than FIFTEEN (15) days prior to the trial date set forth above: (a) Parties shall furnish opposing counsel with a written list containing the names and addresses of all non-expert witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and only those witnesses listed shall be permitted to testify. A written list identifying all exhibits intended to be offered shall also be furnished to opposing counsel and only those exhibits may be offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of the Court. (b) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or proceedings related thereto shall have been completed. Attorneys are admonished to 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 preservation of testimony shall be allowed without specific leave of Court or Court- approved written agreement of counsel. (c) Counsel shall 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 for and Order of Dismissal. Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement.

5. In the event the Trial of this matter is continued, then each time limitation and provision contained above shall apply as to the new trial date.

DONE AND ORDERED this __ day of ____, 201_.

______Circuit Judge

Electronic copy furnished to any below listed recipient(s) by facsimile/e-mail whose information is/are CORRECTLY FORMATTED and listed herein Served upon: Attached service list

“ If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Miami-Dade County Court's ADA Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL 33128, Telephone numbers (305) 349-7175; TDD (305) 349-7174, FAX (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.”

Recommended publications