LeAnn Mackey-Barnes

It is anticipated attorneys with cases before the court are familiar with Florida Rules of Civil Procedure 1.280 – 1.390 , relating to discovery. Prior to filing a motion related to a discovery dispute/non-dispositive motion, the parties are required to confer pursuant to Rule 1.202, Fla. R. Civ. P ., and to attempt to resolve the issue(s) without the court’s intervention in good faith. Upon the filing of a discovery motion, the parties may forward proposed order to the court via Florida E-Filing Portal . Each party opposing any written motion or other application shall file and serve, within twenty (20) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested. Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default or for the Court to construe that there is no objection to the motion. If a party has no objection to a motion and does not intend to file a responsive memorandum, counsel should file a written notice with the Clerk of the Court so indicating. If the served parties response they may forward a proposed order. If you do not receive a response from the court within two (2) weeks of filing your discovery motion, please email the court at mackey-barneshearings@circuit5.org to inquire about the status of the hearing. Replies . If upon receipt of an opposing memorandum, counsel determines further argument of his client’s position is required, counsel shall file a reply within five (5) days of the receipt of opposing memorandum. The only way to avoid the motion being set for hearing is to not file the motion. Hearings set on the Compel Docket may only be cancelled by either: (1) the parties filing a written stipulation indicating the issues raised in the motion have been resolved, or (2) the moving party filing a written Withdrawal of the motion. Signe It is not necessary to file a “Motion to Withdraw Motion to Compel” or forward a proposed order. At the hearing, attorney’s fees may be awarded pursuant to Florida Rules of Civil Procedure 1.380(a)(4) . Parties and counsel may attend the hearings in person, or via Zoom Proposed Orders / Judgments PROPOSED ORDERS/JUDGMENTS: