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35 verbatim mandatory provisions from ECAD 2015-14 (Vacates ECAD 2015-10) Referrals to the General Magistrate in Foreclosure Cases.
First Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• All open, newly opened, and re-opened residential mortgage foreclosure cases shall be assigned to Division “W_.” The Clerk shall insert the present general jurisdiction, circuit civil division alpha designator after the “W” designation as follows: • Residential mortgage foreclosure cases assigned to Division “A” shall be designated as “WA.” Residential mortgage foreclosure cases assigned to Division “C” shall be designated as “WC. • Residential mortgage foreclosure cases assigned to Division “D” shall be designated as “WD. • Residential mortgage foreclosure cases assigned to Division “E” shall be designated as “WE.” Residential mortgage foreclosure cases assigned to Division “F” shall be designated as “WF.” Residential mortgage foreclosure cases assigned to Division “J” shall be designated as “WJ.” Residential mortgage foreclosure cases assigned to Division “K” shall be designated as “WK.” Residential mortgage foreclosure cases assigned to Division “N” shall be designated as “WN.” 3. • If one of the above-referenced divisions is no longer designated a circuit civil division, it shall be excluded from this directive until it is once again designated a circuit civil division. 4. • Pursuant to Administrative Order No. 2015-59, effective January 4, 2016 Division “C” shall become a full General Jurisdiction division and Division “D” shall become a General Criminal division. • Therefore, effective January 4, 2016 any foreclosure case assigned to Division “C” shall, effective January 4, 2016, be reassigned to Division “D.” 5. • In any open, newly opened, and re-opened residential mortgage foreclosure cases assigned to Division “W_” in which no previous order of referral to the General Magistrate has been entered, the Clerk shall immediately issue the attached Order of Referral to General Magistrate. 6. • If an objection to the Order of Referral to General Magistrate is filed, the Clerk shall immediately assign the matter back to the associated general jurisdiction division. 7. • In any case in which constructive service has been utilized, the Magistrate shall have the discretion to refer the case back to the associated general jurisdiction division. 8. • In any case in which a hearing lasting longer than one hour is required, the Magistrate shall have the discretion to refer the case back to the associated general jurisdiction division. 9. • In any case in which the Magistrate refers the case back to the associated general jurisdiction division, the Magistrate shall immediately provide written notification to the Clerk for reassignment to the associated general jurisdiction division. 10. • All orders stemming from the Magistrate’s recommendations and all final judgments shall be forwarded by the Magistrate to the judge of the associated general jurisdiction division. 11. • As the Magistrate does not have the authority to enter substantive orders, all routine motions (such as motions to substitute counsel and motions to extend time) and expedited motions (such as motions to cancel sale and motions for stay of execution) shall be forwarded by the Magistrate to the judge of the associated general jurisdiction division. 12. • The judge of the associated general jurisdiction division shall have the discretion to refer any routine motion that needs a hearing or any expedited motion that is not in need of expedited attention back to the Magistrate to handle. 13. • The Clerk shall immediately issue the attached Pre-Trial Order on all newly opened and re-opened residential mortgage foreclosure cases assigned to Division “W_.” 14. • All open and re-opened and newly filed non-residential and commercial mortgage foreclosure cases shall be assigned in random, equal order to the general jurisdiction, circuit civil divisions. 15. • The Magistrate is authorized to administer oaths and conduct hearings, which may include taking of evidence, and shall file a report and recommendations that contain findings of fact, conclusions of law, and the name of the court reporter, if any. • Plaintiff or Plaintiff’s counsel shall provide a copy to any defendant who has not filed a notice of email address. • Mortgage Foreclosure Case PRE-TRIAL ORDER Pursuant to Administrative Order 2015-24 for the First Judicial Circuit, State of Florida, this case shall be governed by the time frames set forth herein. • These times frames are established by the Court and shall not be deviated from by the parties without prior court approval. • Upon the filing of all mortgage foreclosure actions, the Clerk of Court shall attach a copy of this Pre-trial Order to the original process or summons and the copy of the Complaint for service upon all defendants. • At the same time, the Clerk of Court shall additionally serve a copy of this order on Plaintiff’s attorney by e-service at the e-mail address furnished to the Clerk by Plaintiff’s attorney. • In the event the Plaintiff is pro se, the Clerk shall mail a copy of this order to the Plaintiff at the address set forth in the Complaint. 2. • All discovery conducted on behalf of all parties shall be completed within one hundred twenty (120) days from date of service of this order. 3. • A Motion to Dismiss, if any, shall be filed within twenty (20) days from date of service of this order or service of any Counter-Claim. • Said motion shall be heard within thirty (30) days of filing the motion. • All other motions directed at the pleading or service of process shall be filed within twenty (20) days from the date of this order or service of any Counter-Claim. • Said motion shall be heard within thirty (30) days of filing the motion. 4. • All other pre-trial motions, including a Motion for Summary Judgment shall be filed and heard within one hundred eighty (180) days from date of service of this order. 5. • A Final Hearing shall be scheduled and heard no more than two hundred forty (240) days from date of service of this order. 6. • The time frames set forth herein shall not be extended without prior court order. 7. • At the time a Motion for Summary Judgment is heard, Plaintiff’s counsel (or local counsel appearing on behalf of Plaintiff) shall be prepared to provide the Court with all necessary documents (packet) for entry of a Final Judgment. • Nothing contained herein shall affect the procedure required by §702.10, Florida Statutes, regarding an Order to Show Cause. • All proposed Orders to Show Cause shall comply with the requirements of §702.10(a), Florida Statutes.
All open, newly opened, and re-opened residential mortgage foreclosure cases shall be assigned to Division “W_.” The Clerk shall insert the present general jurisdiction, circuit civil division alpha designator after the “W” designation as follows:
Reviewer note: Document sha256: 96809d81e3d83f275d4c6bda60de84b8269e6a9be0e6c252ad414e88668b6be2 (99602 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.