IN THE COURTS OF THE FIRST JTJDICIAL CIRCUITOF THE STATE OF FLORIDA

ADMINISTRATIVE ORDER NO. 2O2I.I2

RE: CIVIL CASE MANAGEMENT PLAN _ MANDATORY REVIEW OFCIVI CASBS AND SUBMISSION OF CASE MANAGEMENTORDERS

WHEREAS' the Florida Supreme Court has issued Administrative Order 20-23,Amendment 12, which directs that each chiefjudge should issue anadministrative order requiring presiding judges to actively manage civil cases;and

WHEREAS, the Florida Supreme Court has further directed that each circuitmaximize the timely resolution of civil matters, and requires that attorneysand judges strictly observe and comply with Florida Rule of General Practiceand Judicial Administration 2.545; and

WHEREAS, AOSC 20-23, Amendment 12, sets forth specific provisions for civilcase management and resolution which are applicable to the existing backlogof civil cases, which are addressed herein by the undersigned in order tofacilitate the timely, fair, and effective resolution of civil cases;

NOW, THEREFORE, pursuant to the authority of the Chief Judge, under section43.26, Florida Statutes, and Florida Rule of General Practice and JudicialAdmini stration 2.2 I 5 (b);

IT IS HERBBY ORDERED:

1. The case management procedures outlined below must be followed in actionsto which the Florida Rules of Civil Procedure apply, as identified in FloridaRule of Civil Procedure 1.010. As prescribed by AOSC 20-23, Amendment12, this also applies to cases proceeding "under one or more of the FloridaRules of Civil Procedure pursuant to Florida Small Claims Rule 7.020(c) itthe deadline for the trial date specified in Florida Small Claims Rule 7.090(d)no longer applies." Per AOSC 20-23, Amendmerfi 12, the case managementprocedures outlined below do not apply in cases proceeding under section51.011, Florida Statutes, post-judgment proceedings, and writs filed pursuantto Fla.R.Civ.P. 1.630.

2. Each judge presiding in civil cases subject to this order shall review each ofthe civil cases pending in his or her division to determine whether the case iscomplex, streamlined, or general. These categories are defined as follows:

a. "Complex" cases are actions that have been or may be designated by courtorder as complex under Fla.R.Civ.P. 1.201. Upon such designation, such

an action should proceed as provided in the rule.b. 'ostreamlined" cases are those cases meeting most or all of the following

criteria, or as otherwise determined by the presiding judge: few parties;

non-complex issues related to liability and damages; few anticipatedpretrial motions; a limited need for discovery; few wifiresses; minimaldocumentary evidence; no demand for jury trial and/or an anticipated triallength of less than two days.

c. "General" cases are all other civil cases.

A case management order must be issued for each pending and newly filedstreamlined or general civil case. Each case management order must includethe following:

a. Deadlines for service of complaints, service under extensions, and theaddition of new parties;

b. Deadlines by which fact and expert discovery shall be complete;c. Deadlines by which all objections to pleadings and pretrial motions shall

be resolved;d. A deadline by which mediation shall have occurred;e. A projected date of trial;f. A statement that the deadlines included will be strictly enforced; andg. A statement that a firm trial date will be ordered when the case is at issue

pursuant to Fla.R.Civ.P. 1 .44A.

If a streamlined or general civil case is subject to dismissal for a lack ofprosecution under Fla.R.Civ .P. 1.420(e), a case management order is requiredonly if the court determines that the action should remain pending. If theaction remains pending, the case management order should be issued no laterthan 30 days after such determination is made by the presiding judge.

In cases subject to a statutory stay or moratorium preventing the prosecutionof the case, the case management order should be issued in accord with thefollowing deadlines:

.,J.

4.

5.

6.

a. For cases filed on or after April 30, 2021, the case management ordershould be issued within 45 days after the stay or moratorium ends, orwithin 30 days after service of the complaint on the last of all nameddefendants, whichever date is later.

b. For cases filed before April 30, 202l,the case management order shouldbe issued by December 3 , 2021 , within 45 days after the stay ormoratorium ends, or within 30 days a{ter service of the complaint on thelast of all named defendants, whichever date is later. The case

management order shall include each of the items prescribed above inparagraph 3, including the projected date oftrial, ifthe trial has not yetoccurred or a trial date has not yet been specified by separate order.

In cases that are not subject to a statutory stay or moratorium, the case

management order should be issued in accord with the following deadlines:

a. For cases filed on or alter April 30, 2021, the case management order shallbe issued within 30 days after service of the complaint on the last of allnamed defendants.

b. For cases filed before April 30, 2021,the case management order shall beissued by December 3,2021. The case management order shall includeeach ofthe items prescribed above in paragraph 3, including the projecteddate oftrial, if the trial has not yet occurred or a trial date has not yet been

specified by separate order.

Plaintiff (if self-represented) or Plaintiff s counsel should file a Notice ofFinal Service when the last named defendant has been served with thecomplaint to notiff the presiding judge that service is complete and that thecase management order may be prepared.

For all existing and newly filed cases, the presiding judge will automaticallygenerate a standard case management order containing deadlines incompliance with this order. Should any party desire to alter the initial case

management order, an amended case management order meeting the timerequirements outlined in this order may be prepared and stipulated to by theparties. The proposed order should be submitted for final approval by thepresiding judge. The required form for the agreement is included as

7.

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9.

Attachment A. A sample case management order is included as AttachmentB.

The following periods are applicable to the deadlines to be included in casemanagement orders for streamlined cases:

a. Deadlines for service of complaints, service under extensions, and theaddition of new parlies: Service should be made within 120 days of thefiling of the complaint unless the presiding judge grants an extension. Theextension shall not exceed a time period beyond 240 days from the date offiling of the complaint.

b. Deadlines to complete fact and expert discovery: Discovery should becomplete within 270 days after the complaint is filed.

c. Deadline for objections to pleadings and resolution of pretrial motions:Objections to pleadings and pretrial motions should be resolved within 45days of filing and prior to the pretrial conference.

d. Deadline for mediation: Mediation should be completed within 270 daysafter the complaint is filed.

e. Projected Trial Date: Trial dates should be set within 12 months of theliling of the complaint.

The following periods are applicable to the deadlines to be included in casemanagement orders for general cases (unless otherwise ordered based ongood cause):

a. Deadlines for service of complaints, seryice under extensions, and theaddition of new parties: Service should be made within 120 days of thefiling of the complaint unless the presiding judge grants an extension. Theextension shall not exceed a time period beyond 240 days from the date offiling of the complaint.

b. Deadlines to complete fact and expert discovery: Discovery should becomplete within 450 days after the complaint is filed.

10.

c. Deadlines for objections to pleadings and resolution of pretrial motions:Objections to pleadings and pretrial motions should be resolved within 45days of filing and prior to the pretrial conference.

d. Deadlines for mediation: Mediation should be completed within 450 daysafter the complaint is filed.

e. Projected Trial Date: Trial dates should be set within l8 months of thefiling of the complaint.

1 I . All judges are directed to strictly comply with Florida Rule of GeneralPractice and Judicial Administration2.545(a), (b), and (e), whichrespectively require judges to conclude litigation as soon as it is reasonablyand justly possible to do so, to take charge of all cases at an early stage, andto control the progress ofthe case thereafter until it is determined, and toapply a firm continuance policy allowing continuances only for good causeshown.

12. Attomeys are also reminded that they must strictly comply with Florida Ruleof General Practice and Judicial Administration2.545(a), which requireslawyers to conclude litigation as soon as it is reasonably and justly possibleto do so, and that the pandemic alone is not a basis for a lawyer's failure toprepare a case for trial or otherwise actively manage a case.

13. The procedures set forth herein do not supplant any existing rule, statute, orlaw, nor should they be construed as granting any rights not already providedfor by rule, statute, or law. To the extent that any provision of this Order maybe conskued as being in conflict with any rule, statute, or law, the rule,statute, or law shall prevail.

14. This order is effective April 30, 2021 .

DONE AND ORDERED this 30'h day of April,202l.

JO MILLER{Y^lt"

CHIE JUDGE

Copies of Administrative Order No. 2021-12 furnished to:

All Judges, First Judicial CircuitRobin Wright, Trial Court AdministratorWilliam Eddins, State Attorney, First Judicial CircuitBruce Miller, Public Defender, First Judicial CircuitAll Clerks of Court, First Judicial CircuitCandice Brower, Office of Criminal Conflict and Civil Regional CounselJustice Administration CommissionCraig Waters, Florida Supreme CourtFor Broadcast by: Escambia-Santa Rosa Bar AssociationFor Broadcast by: Okaloosa Bar AssociationFor Broadcast by: Walton County Bar AssociationFor Posting at www.FirstJudicialCircuit.org

IN THE COLTNTY COURT IN AND FOR Clhoose an item. COLTNTY, FLORIDA

IN THE CIRCUIT COURT OF THE FIRST ruDICIAL CIRCUITIN AND FOR C-hoosc an i1cnr. COUNTY, FLORIDA

Case Number: Click or tap here to enter text.Division: Click or tap here to enter text.

Click or tap here to enter text.Plaintiff,

v.

Click or tap here to enter text.Defendant.

I

ATTACHMENT A

CIVIL CASE MANAGEMENT PLAN

I. Case Track Assignment (check one): Case disposition times for all case tracks have beenestablished in accordance with Florida Rule of General Practice and Judicial Administration2.2s0(a)(1)(B).

tr Streamlined Track (Case resolved within 12 months without a jury trial).

n General Track (Case resolved within 18 months with or without a jury trial).

n Complex Track (Case resolved pursuant to Florida Rule of Civil Procedure 1.201,with or without a jury trial).

il. Case Deadlines and Events:

Deadline or Event Party (if applicable) Date

Deadlines for service of complaints, service under extensions, and the additionof new parties

Click or tap tcr

enter a date.

Deadlines to complete fact and expert discovery

Plaintif(s): CIen

ck or tap toer a date.

Defendant(s):Cien

ck or tap toer a date.

Deadlines for all objections to pleadings and pretrial motions to be resolvedClick or tap toenter a date.

Deadline for mediation to have occurredClick or tap toenter a date.

Projected date of trial (a firm trial date will be ordered by the presiding judge I c:ti.t* sr rap rtr

when the case is at issue ptnsuant to Florida Rule of Civil Procedure 1.440) I enter a clare.

III. Trial Information

Estimated Length of Trial (specifu the number of trial days)Click or tap hereto enter text.

Identification of Jury or Non-Jury Trial flJury TrialE Non-Jury Trial

The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwiseagreed to by the parties and approved by the Court. The Court will consider a request to approvechanges to these deadlines upon a showing of good cause by either party based on matters arisingfrom an emergency nature or unavailability. However, once the Civil Case Management Planhasbeen approved by the Court, procrastination in completing discovery or the unavailability of counselwill not constitute good cause for a change to these deadlines. The failure to abide by these deadlinesmay result in sanctions.

IV. SIGNATURE OF COUNSELruNREPRESENTED PARTIES IF SUBMITTED ASAGREED UPON PLAN

PlaintiflsAddress:

Phone:

Fax:

E-mail:

Fla Bar #:

CounselClick

Click

Click

Click

C'lick

Phone:

Fax:

or tap here to enter text.

or tap here to enter text.

or tap here to enter text.

or tap here to enter text.

or tap here to enter text.

Defendant's CounselAddress: Click or tap here to enter texr

Click or tap here to enter text.

Click or tap here to enter text.

Plaintiff (if unrepresented)Address: Click clr tap hero to enter

Phone: Click or tap here to enter

E-mail: Click or tap here to enter text.

Fla Bar #: Click or tap here to enter text.

Defendant (if unrepresented)Address: Click or tap here to enter text.

Phone: Click or tap here to enter text.

text.

text.

n IN THE COUNTY COURT IN AND FOR Choose an item. COLINTY, FLORIDA

tr IN THE CIRCUIT COURT OF THE FIRST ruDICIAL CIRCUITIN AND FOR C'hoose an item. COUNTY, FLORIDA

Case Number: Cllick or tap here to enter text.Division: Click or tap here to enter text.

Click or tap here to enter text.Plaintiff,

v.

ATTACHMENT BClick or tap here to enter text.Defendant.

CIVIL CASE MANAGEMENT ORDER

THE COURT having reviewed the attached Civil Case Management Plan, incorporatedherein, and finding it to be satisfactory, it is now

ORDERED that all parties shall abide by the terms of the attached Civil Case ManagementPlan.

DONE and ORDERED in Choose an itenr., Clioosc an i1em. County, Florida.

County Judge/Circuit Judge

Copies:Attomeys of RecordUnrepresented Parties