Twentieth Cir. — ADVANCE_DEADLINE: Deadlines

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Requirement

Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. • is due each and every year on or before _(month)______, _(day)__, which represents 90 days following the last day of my anniversary month. For example, if I am appointed on January 1, my annual reports are due on or before April 30 each year. I understand that if I am a public or professional guardian, I must register annually with the Office of Public and Professional Guardians pursuant to F.S. §744.2002, and must comply with all requirements Florida Probate Rules and Part II of Chapter 744 of the Florida Statutes. I will not permanently relocate the Ward’s residence, to Lee County, Hendry County, Charlotte County, or Glades County locations (20th Judicial Circuit) without providing written notice to the Court, my attorney and the Court Guardianship Monitor within fifteen (15) days of the relocation. Written notice shall contain the reason for the relocation, how long and Ward will reside in the new County, and the address of the new residence, and any changes to telephone numbers. See F.S. §744.1098(2) I will not permanently relocate the Ward’s residence to a county outside of the 20th Judicial Circuit without an order of this Court, granting permission for such relocation, pursuant to F.S. §744.1098(1). Further, if I am requesting to move the Ward to another state, I will comply with all statutes and rules governing procedures for foreign guardianships. I understand that relocation of any kind outside of Collier County requires my attorney to file a Motion for Change of Venue, pursuant to F.S. §744.1097(4). • If the Court gives me the authority to use the financial assets of the Ward for the benefit of the Ward, I will strictly comply with any limitations the Court places on the use of said funds. I also agree to keep all written records necessary to provide accountings that are required by law. If the Ward’s assets are placed into a restricted account, I will not attempt to gain access to the funds in said account unless the Court authorizes me, in writing, to withdraw said funds to pay expenses of the Ward, or the Court authorizes me to be reimbursed for the Ward’s expenses that I had previously paid with my own funds. I acknowledge that willful failure to comply with the above requirements (which specifically includes the failure to comply in a timely fashion) may subject me to penalties for contempt of Court, and may result in my removal as guardian and the imposition of other sanctions that are provided for by law. I acknowledge that if I fail to appear for a mandatory Court appearance, I may be subject to sanctions, including finding of contempt or the issuance of a bench warrant for my arrest, and I may be held in custody until a bond may be set. I acknowledge that if I am arrested, I may be held in jail up to 48 hours before a hearing is held. I also acknowledge that my failure to appear may result in additional sanctions. I further acknowledge that if I am removed as Guardian, I must file the final accounting within twenty (20) days of removal, and remaining final reports within forty-five (45) days of removal. I will comply with the requirements of F.S. §744.441, entitled “Powers of guardian upon court approval” and I understand that the actions below require an Order of this Court before I may act. If I have questions, I will contact my attorney for guidance. Powers of guardian upon court approval.—After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report may: • I, _____________________, acknowledge that I was appointed as the Guardian Advocate/Guardian for _ , on _ , 20 , and I understand that I must sign this form and provide it to the court. I agree to comply with statutory and court requirements and understand that I am responsible for preparing reports and/or plans. I will ensure that they are filed with the court and that copies are provided to all interested persons. Acknowledgment of Responsibilities: I am responsible for providing the court with any changes in my mailing address, email address and telephone number by filing a Notice of Change of Contact Information within five (5) business days of said change. I am responsible for maintaining support documentation for all receipts into the accounts and all disbursements out of the accounts under my control for the entire duration of my appointment as Guardian Advocate/Guardian. Support documentation includes bank statements and check copies, credit card statements and receipts, sales receipts, and other such forms of proof that supports my reports. I understand that the court or any interested person may request copies at any time. If funds must be placed into a restricted account, I understand that any withdrawals require a court order before I make any withdrawals. • I am responsible for maintaining support documentation for all receipts into the accounts and all disbursements out of the accounts under my control for the entire duration of my appointment as Guardian Advocate/Guardian. Support documentation includes bank statements and check copies, credit card statements and receipts, sales receipts, and other such forms of proof that supports my reports. I understand that the court or any interested person may request copies at any time. If funds must be placed into a restricted account, I understand that any withdrawals require a court order before I make any withdrawals. ( ) a. Acknowledgement of deposit of funds must be filed with the court as documentation that the funds were deposited, within 45 days or by . ( ) b. All requests for withdrawal must be made in writing by submitting a Petition to Withdraw funds before I withdraw funds. ( ) c. A reporting of funds is due on and every year thereafter on such day and month, unless I am notified by the court that I do not have to do so. • If service has not been effectuated as of the date of this Court Ordered Case Management Plan, the Plaintiff shall serve the Defendant(s) a copy of this with its Summons and Complaint. DONE AND ORDERED in Chambers at Punta Gorda, Charlotte County, Florida If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. Mandatory Status Conference | Pre-Trial Conference | • If service has not been effectuated as of the date of this Court Ordered Case Management Plan, the Plaintiff shall serve the Defendant(s) a copy of this with its Summons and Complaint. DONE AND ORDERED in Chambers in Chambers at, Punta Gorda, Charlotte County, Florida If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. DEADLINE OR EVENT | DATE Service of Complaint | • (b) Resolution of Dispositive Motions, Summary Judgment Motions, and Daubert Motions | DEADLINE OR EVENT | DATE Completion of Alternative Dispute Resolution | Mediation: Must be completed 30 days prior to the Pretrial Conference. Pre-Trial Motions or Other Matters (Including Motions in Limine & Deposition Designations) | Filed Prior to Pre-Trial Conference • I. DEADLINE FOR COURT ORDERED CASE MANAGEMENT PLAN A. A Court Ordered Case Management Plan must be entered no later than 120 days after the action comm ences. In accordance w ith Florida Rule of Civi l Procedure l .200(i), the form case management plans for streamlined and general circuit civil • deemed abandoned and denied. 6. Disclosure of Fact Witness 120 Days Prior to Trial 7. Disclosure of Expert Witness 150 Day Prior to Trial • 6. Disclosure of Fact Witness 120 Days Prior to Trial 7. Disclosure of Expert Witness 150 Day Prior to Trial 8. Completion of Fact Discovery I 00 Days Prior to Trial • 7. Disclosure of Expert Witness 150 Day Prior to Trial 8. Completion of Fact Discovery I 00 Days Prior to Trial 9. Completion of Expert Discovery I 00 Days Prior to Trial • 8. Completion of Fact Discovery I 00 Days Prior to Trial 9. Completion of Expert Discovery I 00 Days Prior to Trial 1Oa. Filing and Service of Dispositive Motions, Summary 90 Days Prior to Trial • 9. Completion of Expert Discovery I 00 Days Prior to Trial 1Oa. Filing and Service of Dispositive Motions, Summary 90 Days Prior to Trial Judgment and Daubert Motions • Judgment and Daubert Motions I 0 Days Prior to Pre- lOb. All Dispositive Motions, Summary Judgment and Daubert Trial Conference Motions heard • Heard Prior to Docket Sounding 13. Filing of Witness and Exhibit List 30 Day Prior to Pre- ,,.1 kJl'i'C <-;-'!"'=" Trial ~<¥,";. ~ • provision of certain assistance. Please contact , whose office is located at and whose telephone number is _ _ __ _ 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. • denied. 6. Disclosure of Fact Witness 120 Days Prior to Trial 7. Disclosure of Expert Witness 160 Days Ptior to Trial • 7. Disclosure of Expert Witness 160 Days Ptior to Trial 8. Completion of Fact Discovery I 00 Days Prior to Trial 9. Completion of Expert Discovery • 9. Completion of Expert Discovery I 00 Days Prior to Trial 1Oa. Filing and Service of Dispositive Motions, Summary 90 Days Prior to Trial • I 00 Days Prior to Trial 1Oa. Filing and Service of Dispositive Motions, Summary 90 Days Prior to Trial Judgment and Daubert Motions • Judgment and Daubert Motions l 0 Days Prior to Pre- lOb. All Dispositive Motions, Summary Judgment and Daubert Trial Conference Motions heard • 11 Sounding 13. Filing of Witness and Exhibit List 30 Days Prior to Pr~ •.~ Trial <.. , • provision of certain assistance. Please contact , whose office is located at and whose telephone number is _ _ _ __ 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. • Complaint or Joinder 4. Adding New Parties or Amending Complai nt 180 Days Prior to Trial 1 (Motions must be filed sufficiently in ad va nce to be heard prior to the d eadlin e.) • denied. 6. Disclosure of Fact Witnesses 150 Days Prior to Trial 7. Disclosure of Expert Witnesses 150 Days Prior to Trial • 150 Days Prior to Trial 7. Disclosure of Expert Witnesses 150 Days Prior to Trial 8. Completion of Fact Discovery • 8. Completion of Fact Discovery I 00 Days Prior to Trial 9. Completion of Expert Discovery l 00 Days Prior to Trial • I 00 Days Prior to Trial 9. Completion of Expert Discovery l 00 Days Prior to Trial 10. (a) Filing and Service of Dispositive Motions Summary 100 Days Prior to Trial • 9. Completion of Expert Discovery l 00 Days Prior to Trial 10. (a) Filing and Service of Dispositive Motions Summary 100 Days Prior to Trial Judgment Motions, and Daubert Motions • Judgment Motions, and Daubert Motions 10 Days Prior to Pre- (b) Resolution of Dispositive Motions, Summary Judgment Trial Conference2 Motions, and Daubert Motions • Docket Sounding3 13. Filing of Witness a nd Exhibit List 30 Day Prior to Pre- Trial Conference 14. Projected Tria l Period 365-4 5 days from • Borrower Opt-in. Upon receipt of the summons and notice, the Borrower may file a responsive pleading within twenty (20) days, in accordance with -• G'!ll • and file a responsive pleading, and if the Borrower would like to paiiicipate w (.:;;) in early mediation, the Borrower shall, within twenty (20) days of service of the summons and notice: • proposed Order of Referral to Mediation in the form of Exhibit 4. If each of the requirements is not met within twenty (20) days after the summons was served, opt-in to the HMP will be deemed incomplete and ineffective, and the case will proceed accordingly. • To participate in the Homestead Mediation Program, the borrower must provide all the following documents within 20 days after you were served the summons: • File with the Clerk a written response to the Complaint, with a copy to Plaintiffs attorney. • File with the Clerk a completed and signed Homestead Mediation Program Opt-In Form, • Program (I-IMP), and meet the eligibility requirements. To ensure a meaningful mediation session I/we also agree to provide all of the following documentation within 20 days of service of the summons and notice. D File with the Clerk a written response to the Complaint, with a copy to • provision of certain assistance. Please contact whose office is located in , Florida _ _ _. and whose telephone number is l_J , at least 7 days before your scheduled appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or • matter is not resolved under Section HJ.C, the Panel may elect to (i) contact the lawyer either by telephone, in-person or by letter. (ii) describe the alleged noncompliance or enclose the written referral form, and (iii) request a response from the subject lawyer to be provided within 30 days. The subj ect lawyer's response shall be provided by the Panel to the complainant. Upon receipt of the response, the Panel shall consider the referral and response. The Panel may thereafter contact the subject lawyer and the • educate the lawyer about the noncompliance and hopefully avoid other or similar conduct in the future which does not comply with the Standards. It is recommended that the entire review process be accomplished within 90 days from the date that the alleged conduct was referred by the complainant to the Panel; however, failure to adhere to this recommended time limit is not fatal to the re ferral. • OD the exhibit and OD the index. 5. At least five (5) business days before an evidentiary hearing is to be conducted by remote means, each counsel/party shall exchange with each other, and shall file with the clerk, all evidence and demonstrative aids sought to be introduced. All exhibits • 6. Counsel/parties shall provide a copy of exhibits to be utilized at the hearing to the presiding judge at least five (5) business days prior to the hearing. Counsel and self- represented parties shall contact the judge's office regarding this requirement to confirm proper submission procedure (for example, hard copies or electronic • Circuit Judges announcing the vacancy, and any Judge who desires the vacancy must notify the Chief Judge of such desire no later than ten (10) days following the written notice. All Judges within the circuit may bid on filling the vacancy. The Judge with the most seniority who seeks to • At Felony Arraignment, after entry of initial plea, the judge will set a date for a mandatory Case Management Conference to be held within 45 to 60 days. Generally, standard cases will be set within 45 days and complex cases at 60 days. IV. Case Track Designations and Time Goals • At the Case Management Conference, time to disposition goals is established, consistent with Florida Rules of Court (Fla. R. Jud. Admin. 2.085) as follows: • 80% of Expedited "A" cases to be disposed within 180 days • 80% of Standard "B" cases to be disposed within 240 days • 80% of Complex "C" cases to be disposed within 360 days • Florida Rules of Court (Fla. R. Jud. Admin. 2.085) as follows: • 80% of Expedited "A" cases to be disposed within 180 days • 80% of Standard "B" cases to be disposed within 240 days • 80% of Complex "C" cases to be disposed within 360 days • • 80% of Expedited "A" cases to be disposed within 180 days • 80% of Standard "B" cases to be disposed within 240 days • 80% of Complex "C" cases to be disposed within 360 days The following goals are established for the Felony case management program: • evaluate the case and meaningfully participate in the Case Management Conference. 15 Days prior to the Case Management Conference, counsel shall confer and have completed the following: • Initial discovery exchange • • Estimated time for Trial. The clerk shall set a mandatory PRETRIAL CONFERENCE date to occur within 120 days of arraignment for an "A" track case and 165 days of arraignment for a "B" track case (120 days on "B'' track case without a waiver of speedy trial). • The Scheduling Order shall also state a tentative TRIAL month and year based upon the case track to occur within 180 days of arraignment for "A" track cases (150 days on "A" track cases without a waiver of speedy trial) and 200 days of arraignment for "B" track cases (175 days on "B" track cases without a waiver of speedy trial). • No continuances for lack of time for discovery or depositions· will be approved unless received 30 days prior to scheduled date and only granted for extraordinary reasons. All requests for a continuance shall be in submitted in a filed, written motion to the trial judge or his designee. • Qases not reaching a Plea Agreement at the Pretrial Conference will be immegiately set for a Trial Call, date to occur within 45 days=. with a Trial certain date follq~iD;g within the nex;t 14 days. • Trial dates will only be set on cases ready for trial. Trial dates will be set at the Pretrial Conference to occur within 45 days of the date of the Pretrial Conference. In order to maintain trial certainty, a reasonable number of cases will be set for trial on every • No continuance of the trial date will be granted on basis of discovery or witness unavailability. Requests for continuance to another date within the Trial Cycle will be considered if received within 15 days of the Trial Notice provided at the Pretrial Conference. Requests for continuance made after 15 days from Notice of Trial date will only be considered for extraordinary circumstances. • In the interest of the efficient administration of justice and in consideration of the court's docket, as well as opposing parties' or their counsel's time and expense, it is incumbent upon the parties and their counsel to notify promptly the court and all interested parties of an objection or substantial dispute which will affect the court's ability to proceed with a scheduled hearing. c. Notice Requirement of Section 744.3031(2), F.S. and Rule 5.648(b), Fla. Prob. R. Part III “(2) Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.” 8. Court Reporters The court will not provide court reporters for hearings. If an attorney or unrepresented interested person wishes to have a court reporter present during any hearing, it is that attorney's or unrepresented interested person's responsibility to contact a court reporter to arrange for the presence of such reporter. However, all guardianship hearings are electronically recorded by the Court. A party may request an electronic certified copy of the proceeding on CD, at that party's expense, and may then have the recording transcribed, at that party's expense. Media request forms, procedures, and fees, and a list of approved transcriptionists are available on the Court's website, www.ca.cjis20.org, or by calling the Court's Electronic Court Reporting Department at 239-533-8207. • 9. Proposed Orders a. Electronic Submission Proposed Orders related to Petitions for ETG must be submitted electronically in Microsoft Word format to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the ETG hearing. Full instructions may be found on the Court’s website in ‘Procedures’ under the Emergency Temporary Guardianship section. b. Description of the E-mail Counsel shall ensure that the subject line of the E-mail is flagged so that the • The title of every proposed order submitted must contain the subject matter of the pleading or motion upon which the ruling is made and must fairly apprise the reader of the action being ordered. Phrasing such as "order granting ... " or "order denying ... " is preferred over "order on". d. Objections Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge or magistrate must immediately notify the judge's office via E-mail (preferably) or telephone. If the objection notification is made by E-mail, the opposing attorney or party must be copied on the E-mail message. The objecting attorney or party must submit an alternative proposed order or report at least one hour prior to the hearing on the ETG. 10. Notice of Change of Emergency Temporary Guardian's Contact Information An emergency temporary guardian must promptly advise the court, via written notice filed with the Clerk with copies to all parties in each case in which the ETG has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. • Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge or magistrate must immediately notify the judge's office via E-mail (preferably) or telephone. If the objection notification is made by E-mail, the opposing attorney or party must be copied on the E-mail message. The objecting attorney or party must submit an alternative proposed order or report at least one hour prior to the hearing on the ETG. 10. Notice of Change of Emergency Temporary Guardian's Contact Information An emergency temporary guardian must promptly advise the court, via written notice filed with the Clerk with copies to all parties in each case in which the ETG has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. 11. Order of Appointment of Emergency Temporary Guardian Every order appointing an emergency temporary guardian submitted to the court for entry must include the following language: • The guardian is directed to read and become familiar with the Best Practices for Guardianship Cases in Charlotte County, Florida and, further, to comply with such Best Practices. A failure to comply may result in contempt proceedings and/or other appropriate sanctions. 12. Acknowledgment of Responsibilities of Guardian All non-professional guardians and guardian advocates shall review and sign the court's Acknowledgment of Responsibilities of Guardian. The Acknowledgment can be found on the Court’s website and shall be filed with the clerk within 5 days of the guardian’s appointment. 13. Emergency Temporary Guardian Reports Every ETG must file an initial guardianship report (initial plan and verified inventory), as required by Sections 744.362, 744.363, and 744.365, F.S.s, within the statutory time frame, unless waived by the court. • All reports must include the guardian's signature, current address, current telephone number with area code, and E-mail address. Additionally, all reports must include the signature of the attorney of record, the attorney's current address, current telephone number with area code, E-mail address, and Florida Bar number. All reports must be signed under penalties of perjury. If the reports cannot be filed in the time required by law, a motion for extension of time must be filed within the respective time period. Reports must not be filed prior to the end of the applicable reporting period. After the clerk's report is viewable in the clerk's system, counsel for the guardian should submit a proposed order approving the annual guardianship plan and/or accounting in accordance with the e-mail submission requirements outlined in E-Mail Submission Guidelines for Certain Proposed Orders in Incapacity/Guardianship, Emergency Temporary Guardianship and Guardian Advocate Cases. Audit fees must be paid to the clerk in accordance with Sections 744.365 and 744.3678, F.S. 14. Reports when ETG and Permanent Guardian are the Same When the ETG is appointed successor guardian of person and/or property, Section 744.3031(9)(c) and (d), F.S. provide that the report must satisfy the requirements of the initial report for a guardian of the person and/or property as stated in Section 744.362, F.S. The Court will only require an initial guardianship report (initial plan and/or verified inventory) for the ETG reporting period plus the permanent guardian's annual reporting period, due within sixty (60) days from the issuance of the permanent Letters of Guardianship. 15. Effective Date These Best Practices are effective immediately upon approval by the Judge assigned to the Charlotte County Probate/Guardianship Division as set forth below. • A person who is being considered for appointment or is appointed as a guardian advocate need not be represented by an attorney unless required by law of the court or if the guardian advocate is delegated any rights regarding property other than the right to be the representative payee for government benefits. Section 393.12(2)(b), F.S. and Fla. Prob. R. 5.030(a) Part III. However, although not represented by an attorney, the guardian advocate will be held fully responsible and accountable for following the guardianship laws, rules and procedures. c. Appointment of Counsel to Alleged Person with Developmental Disabilities Within 3 days after a petition has been filed, the court shall appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate. The person with a developmental disability may substitute his or her own attorney for the attorney appointed by the court. Section 393.12(5), F.S. d. Notice Requirement Notice of the filing of the petition must be given to the person with a developmental disability, verbally and in writing in the language of the person and in English. Notice must also be given to the next of kin of the person with a developmental disability as defined in Chapter 744, a health care surrogate designated pursuant to an advance directive under Chapter 765, an agent under a durable power of attorney, and such other persons as the court may direct. A copy of the petition to appoint a guardian advocate must be served with the notice. • If any hearing is cancelled or rescheduled, the attorney or unrepresented interested person setting the hearing is responsible for notifying the judge's judicial assistant and the opposing counselor(s) or interested person(s) of the cancellation as soon as possible. All notices of hearing must state the length of the time reserved on the judge's calendar for the hearing and specify the matters to be heard. A notice indicating the hearing will be on "all pending motions" is not authorized. The matter to be heard must be set out with particularity. There will be no cross-noticing on hearing times unless the opposing counsel or opposing interested person contacts the judge's office and determines whether the docket will accommodate hearing additional matters at the same time. 6. Notice of Change of Guardian Advocate's Contact Information A guardian advocate must promptly advise the court, via written notice filed with the Clerk in each case in which the guardian advocate has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. 7. Order of Appointment of Guardian Advocate Every order appointing a guardian advocate submitted to the court for entry must include the following language: • The guardian advocate is directed to read and become familiar with the Policies and Procedures for Guardian Advocacy Cases in Charlotte County, Florida and, further, to comply with such Policies and Procedures. The failure to comply may result in contempt proceedings and/or other appropriate sanctions. 8. Acknowledgment of Responsibilities All guardian advocates shall review and sign the court's Acknowledgment of Responsibilities. The Acknowledgment form can be found on the Court’s website in ‘Forms’ under the Guardian Advocate section. It shall be filed with the Clerk within five (5) days of the Guardian Advocate’s appointment. 9. Initial and Annual Guardianship Advocate Reports a. Initial Reports • Every guardian advocate must file an initial guardianship report, as required by Sections 744.362, 744.363, and 744.365, Florida Statutes, within the statutory 60 day time frame, unless waived by the court. The reporting period for the initial plan will begin with the date that letters of guardian advocacy were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardian advocacy were signed. Upon approval of the initial guardian advocate report (plan and inventory, if applicable), counsel for the ward is no longer obligated to represent the ward pursuant to Section 744.362(2), Florida Statutes. After the clerk's report is viewable in the clerk's system, counsel for the guardian advocate, or if unrepresented, the guardian advocate, should electronically submit a proposed order approving the initial guardianship report. Such proposed order should state that counsel for the ward is discharged upon approval of the initial guardian advocacy report. The failure to file timely the initial guardianship report or to submit a proposed order granting same may result in the issuance of an order to show cause. b. Annual Reports A guardian advocate of the person must, thereafter, file the annual guardian advocacy plan as required by Sections 744.367 and 744.3675, Florida Statutes. Unless otherwise ordered, annual plans must be filed within 90 days after the last day of the anniversary month in which the letters of guardian advocacy were signed by the court, and must cover the coming fiscal year, ending on the last day in such anniversary month. The reporting period for the annual plan will begin on the first day of the first month following the month in which letters of guardian advocacy were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardian advocacy were signed. The plan must accurately indicate the time period covered so that there is no lapse between annual reporting periods, and the plan must be prospective to cover the upcoming year. If a ward is in a persistent vegetative condition and the guardian advocate wishes to use substantially the same plan as in previous years, then the guardian advocate must provide a reasonable basis for doing so. A guardian advocate of the property must file the annual guardian advocacy accounting as required by Sections 744.367 and 744.3678, Florida Statutes, on a fiscal-year basis unless otherwise ordered. Annual accountings must be filed on or before the first day of the fourth month after the end of the fiscal year, and must cover the preceding fiscal year. The fiscal year will be deemed to end on the last day of the anniversary month in which the letters of guardian advocacy were signed. Therefore, the reporting period for the first annual accounting will begin with the date that letters of guardian advocacy were entered and end on the last day of the anniversary month in which the letters of guardian advocacy were signed. Thereafter, the reporting period for all future accountings will begin on the first day of the first month following the month in which letters of guardian advocacy were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardian advocacy were signed. Annual accountings must include all property interests of the ward regardless of how the property is titled unless specifically exempted under Section 744.3678, Florida Statutes, and should be accompanied by copies of all bank statements for the ward's assets. All reports must include the guardian advocate's signature, current address, current telephone number with area code, and e-mail address. Additionally, all reports must include the signature of the attorney of record, if any, the attorney's current address, current telephone number with area code, e- mail address, and Florida Bar number. All reports must be signed under penalties of perjury. If the reports cannot be filed in the time required by law, a motion for extension of time must be filed within the respective time period. Reports must not be filed prior to the end of the applicable reporting period. After the clerk's report is viewable in the clerk's system, counsel for the guardian, or if unrepresented, the guardian advocate, should submit a proposed order approving the annual guardian advocacy plan and/or accounting in accordance with the e-mail submission requirements outlined in E-Mail Submission Guidelines for Certain Proposed Orders in Incapacity/Guardianship, Emergency Temporary Guardianship and Guardian Advocate Cases. • A guardian advocate may not be required to file an annual accounting under Section 744.3678, F.S. if the court determines that the person with a developmental disability receives income only from Social Security benefits and the guardian advocate is the person's representative payee for the benefits. Sections 393.12(10). 12. Extensions of Time Guardian advocates shall allow for sufficient time for the court to grant an extension before the time period has actually run - when it has already become a fait accompli. This should involve the filing of the petition requesting an extension at least ten (10) days prior to the actual running of any time period in question. 13. Court Reviews The Guardianship Audit Program, under the auspices of the Charlotte County Clerk of Court & Comptroller's Inspector General and Probate Departments, per Florida Statutes and internal Policies and Procedures, is utilized by the court to review filings and documentation related to guardian advocacy cases and report to the court based upon its reviews. The Clerk's Guardianship Audit Program staff will review: (a) initial reports; (b) annual plans; and (c) accountings as requested by the court. The above persons will be authorized to participate in guardian advocacy hearings, as requested by the court, to address issues related to their reviews. • Additionally, the court may select a number of guardian advocacy files for a comprehensive audit of all transactions. The audit may be conducted by a court monitor, the Clerk, the Clerk's Guardianship Audit Program staff, a general magistrate, or other court designee. 14. Change of A.D.D.P.'s Residence (See Section 744.1098(1), Florida Statutes & Rule 5.050, Fla. Prob. R. Part III) As the court has a keen interest in management of the A.D.D.P.'s care, the guardian advocate shall inform the court, in writing, if the A.D.D.P.'s residence changes to a new location within Charlotte County or to an adjacent county in accordance with Section 744.1098(2), Florida Statute, within fifteen (15) days of such change. And, in accordance with Section 744.1098(1), Florida Statutes, a guardian advocate may not, without prior court approval, change the residence of the A.D.D.P. to another state or to a non-adjacent county. To change a A.D.D.P.'s permanent residence to a county other than Charlotte County, the guardian advocate and the guardian's attorney, if any, must file all appropriate pleadings and proposed orders and obtain written authorization of the court before venue of the guardian advocacy case (and the permanent residence of the A.D.D.P.) is transferred to the court in the appropriate county. In fact, Rule 5.050, Fla. Prob. R. Part III - TRANSFER OF PROCEEDINGS provides: “(b) Change of Residence of A.D.D.P.. When the residence of an A.D.D.P. is changed to another county, the guardian of the person or the guardian advocate shall have the venue of the guardianship changed to the county of the acquired residence.” (emphasis added), Rule 5.050, Fla. Prob. R. Part III PERMISSION OF THE COURT MUST BE GRANTED IN ADVANCE OF THE PERMANENT RELOCATION OF THE A.D.D.P. OUTSIDE OF CHARLOTTE COUNTY AND ITS CONTIGUOUS COUNTIES. FAILURE OF THE GUARDIAN ADVOCATE TO COMPLY WITH THIS REQUIREMENT MAY SUBJECT THE GUARDIAN ADVOCATE TO PENALTIES FOR CONTEMPT OF COURT INCLUDING A FINE, INCARCERATION AND/OR REMOVAL AS GUARDIAN ADVOCATE. 15. Court Guardianship Monitoring Program • An Order Appointing Guardianship Monitor may be entered by the court on its own motion, or following an attorney request for referral to guardianship monitoring. Any specific investigation request outside the scope of the court guardianship monitor's normal course of duties requires court approval. The results of the court guardianship monitor's investigation will be reported directly to the court with service of the report on the parties. 16. Death of A.D.D.P. Within 30 days after the death of the A.D.D.P., the guardian advocate must file a suggestion of death. A certified copy of the A.D.D.P.'s death certificate must be applied for within 15 days of the A.D.D.P.'s death and filed immediately upon receipt. The guardian advocate of the property must file a final report in compliance with Section 744.527, Florida Statutes, and Florida Probate Rule 5.680, unless waived in writing by all necessary interested persons, and petition for discharge, unless extended by court order. Any objections to the final accounting or discharge are required to be filed in accordance with Florida Probate Rule 5.680. In most cases, the guardian advocacy case should be closed within four (4) to five (5) months from the date of the A.D.D.P.'s death. • 9. Hearings a. Non-Emergency Hearings Any petition, pleading, motion, or other document that is the subject of a hearing or a conference set before the court must be filed with the clerk no later than five business days before the matter is to be considered. A hearing on any such petition, pleading, motion, or other document not so filed may be postponed until another hearing is scheduled. Memoranda of law and courtesy copies of any case law to be presented at the hearing must be delivered to the judge's or magistrate's chambers at least 48 hours prior to the hearing, unless otherwise specified in the judge's or magistrate's guidelines. b. Emergency Hearings (excluding petitions to appoint emergency temporary guardian) Application for emergency relief in a case must be made to the presiding judge. Matters scheduled for hearing as an emergency shall be noticed and heard as the circumstances permit based upon judicial discretion. • In an adversary proceeding as defined by Florida Probate Rule 5.025, the following provisions apply: a. Case Management Conference All petitioners must schedule a case management conference within 60 days of commencing an adversary proceeding. All trials or final hearings of adversary proceedings must be set by the court entering a Uniform Order Setting Adversary Proceeding for Trial and Pretrial Conference (Nonjury). Once scheduled, a hearing may not be cancelled unilaterally by counsel. b. Military Service - Memorandum for Certificate of Military Service If a petitioner does not know whether the respondent is on active duty in a branch of the military service of the United States, the petitioner must complete a memorandum for certificate of military service substantially similar to the memorandum designated as Florida Family Law Rule of Procedure Form 12.912(a). • If a petitioner seeks a default judgment and the respondent has been properly served and has not responded to the petition, the petitioner must complete and file an affidavit of military service substantially similar to the affidavit designated as Florida Family Law Rule of Procedure Form 12.912(b). d. Motions to Compel-Order Without Hearing When a motion to compel complying with Florida Rule of Civil Procedure l.380(a)(2) alleges the absence of a response or objection to discovery and there has been no request for an extension of time to respond, the court, without a hearing, may enter an order requiring compliance with the original discovery request within 10 days of the signing of the order, provided no written showing of good cause has been filed by the non-movant. The movant or movant's attorney must submit to the presiding judge the proposed order by E-mail using the procedures set forth on the Court’s website. e. Motions to Set Case for Trial-Certificate by Attorney • 12. Orders and Reports and Recommendations a. Consultation with Opposing Counselor Party Unless the presiding judge or magistrate directs otherwise, prior to submitting a proposed order or report and recommendation ("report") for the court's consideration after a hearing, the counsel submitting the proposed order or report must consult with opposing counsel or unrepresented party within five days after the court's or magistrate's decision and make a genuine effort to agree on the language of the proposed order or report. b. Timely Submission All proposed orders and reports must be submitted to the court by the attorney directed to prepare the order or report within 5 business days after the court's decision or magistrate's recommendation unless the time for filing exceptions has not yet expired. • Unless the presiding judge or magistrate directs otherwise, prior to submitting a proposed order or report and recommendation ("report") for the court's consideration after a hearing, the counsel submitting the proposed order or report must consult with opposing counsel or unrepresented party within five days after the court's or magistrate's decision and make a genuine effort to agree on the language of the proposed order or report. b. Timely Submission All proposed orders and reports must be submitted to the court by the attorney directed to prepare the order or report within 5 business days after the court's decision or magistrate's recommendation unless the time for filing exceptions has not yet expired. c. Submission of Proposed Orders Unless the presiding judge or magistrate directs otherwise, the party or attorney who is requested to submit a proposed order or report will do so by submitting it to the presiding judge or magistrate electronically using the current procedures of the judge or magistrate. Prior to submitting a proposed order or report, the attorney must review the presiding judge's or magistrate's guidelines to determine that judge's or magistrate's format preference. Generally, for judge's orders the proposed order must be submitted in Microsoft Word format and e-mailed to cha-guardianship@ca.cjis20.org . Other requirements for electronic submission of proposed orders may be found on the Court’s website. • following: (1) a statement of the hearing date during which the subject matter of the order was argued before the court; (2) a statement that the matter was submitted ex parte; or (3) a statement that the matter was presented by stipulation. All proposed orders based on a stipulation must be submitted as a separate electronic document apart from the stipulation which clearly identifies the stipulation upon which it is based. A report submitted to a magistrate must contain a statement of the hearing date during which the subject matter of the report was argued before the court. f. Objections Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge or magistrate must immediately notify the judge's or magistrate's office via E-mail with the opposing attorney or party copied on the E-mail message (unless a pro se party has not provided an E-mail address). The objecting attorney or party must submit an alternative proposed order or report within five days of communicating the objection and provide a copy to all parties and interested persons. If an alternative proposed order or report has not been received by the court via E-mail within five days, the court will consider the objection withdrawn. 13. Notice of Change of Guardian's Contact Information In each case in which the guardian has been appointed and is serving the guardian must promptly advise the court of any change of his or her name, address, telephone number, or E-mail address, via written notice filed with the Clerk with a copy to all parties and interested persons. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. • Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge or magistrate must immediately notify the judge's or magistrate's office via E-mail with the opposing attorney or party copied on the E-mail message (unless a pro se party has not provided an E-mail address). The objecting attorney or party must submit an alternative proposed order or report within five days of communicating the objection and provide a copy to all parties and interested persons. If an alternative proposed order or report has not been received by the court via E-mail within five days, the court will consider the objection withdrawn. 13. Notice of Change of Guardian's Contact Information In each case in which the guardian has been appointed and is serving the guardian must promptly advise the court of any change of his or her name, address, telephone number, or E-mail address, via written notice filed with the Clerk with a copy to all parties and interested persons. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. 14. Substitution of Counsel and Resident Agent Any stipulation for the substitution of counsel for a guardian must be signed by the attorneys involved and by the guardian. If the former attorney is the designated resident agent for the guardian, then the former attorney should resign, and a new resident agent should be designated. This rule will not affect the right of a guardian to change attorneys, so long as notice is given to the former attorney. • The guardian is directed to read and become familiar with the Best Practices for Guardianship Cases in Charlotte County, Florida and, further, to comply with such Best Practices. A failure to comply may result in contempt proceedings and/or other appropriate sanctions. 18. Acknowledgment of Responsibilities of Guardian All non-professional guardians and guardian advocates shall review and sign the court's Acknowledgment of Responsibilities of Guardian. The Acknowledgment form can be found on the Court’s website in Forms under the Incapacity/Guardianship section. It shall be filed with the clerk within 5 days of the guardian’s appointment. 19. Initial and Annual Guardianship Reports Every guardian must file an initial guardianship report, as required by Sections 744.362, 744.363, and 744.365, F.S., within the statutory time frame, unless waived by the court. The reporting period for the initial plan will begin with the date that letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. Upon approval of the initial guardianship report (plan and inventory, if applicable), counsel for the ward is no longer obligated to represent the ward pursuant to Section 744.362(2), F.S. After the clerk's report is viewable in the clerk's system, counsel for the guardian shall electronically submit a proposed order approving the initial guardianship report. Such proposed order should state that counsel for the ward is discharged upon approval of the initial guardianship report. The failure to timely file the initial guardianship report or to submit a proposed order granting same may result in the issuance of an order to show cause. • Every guardian must file an initial guardianship report, as required by Sections 744.362, 744.363, and 744.365, F.S., within the statutory time frame, unless waived by the court. The reporting period for the initial plan will begin with the date that letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. Upon approval of the initial guardianship report (plan and inventory, if applicable), counsel for the ward is no longer obligated to represent the ward pursuant to Section 744.362(2), F.S. After the clerk's report is viewable in the clerk's system, counsel for the guardian shall electronically submit a proposed order approving the initial guardianship report. Such proposed order should state that counsel for the ward is discharged upon approval of the initial guardianship report. The failure to timely file the initial guardianship report or to submit a proposed order granting same may result in the issuance of an order to show cause. Guardian of the Person A guardian of the person must, thereafter, file the annual guardianship plan as required by Sections 744.367 and 744.3675, F.S. Unless otherwise ordered, annual plans must be filed within 90 days after the last day of the anniversary month in which the letters of guardianship were signed by the court, and must cover the coming fiscal year, ending on the last day in such anniversary month. The reporting period for the annual plan will begin on the first day of the first month following the month in which letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. The plan must accurately indicate the time period covered so that there is no lapse between annual reporting periods, and the plan must be prospective to cover the upcoming year. If a ward is in a persistent vegetative condition and the guardian wishes to use substantially the same plan as in previous years, then the guardian must provide a reasonable basis for doing so. Guardian of the Property A guardian of the property must file the annual guardianship accounting as required by Sections 744.367 and 744.3678, F.S., on a fiscal-year basis unless otherwise ordered. Annual accountings must be filed on or before the first day of the fourth month after the end of the fiscal year, and must cover the preceding fiscal year. The fiscal year will be deemed to end on the last day of the anniversary month in which the letters of guardianship were signed. Therefore, the reporting period for the first annual accounting will begin with the date that letters of guardianship were entered and end on the last day of the anniversary month in which the letters of guardianship were signed. Thereafter, the reporting period for all future accountings will begin on the first day of the first month following the month in which letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. Annual accountings must include all property interests of the ward regardless of how the property is titled unless specifically exempted under Section 744.3678, F.S., and should be accompanied by copies of all bank statements for the ward's cash assets. • Service of annual reports shall be in compliance with Rule 5.695, Fla. Prob. R. Part III. However, if the only right retained by the ward is the non-delegable right to vote, service on the ward of the initial and annual reports will not be required. 23. Reports when ETG and Permanent Guardian are the Same When the ETG is appointed successor guardian of person and/or property, Section 744.3031(9)(c) and (d), F.S. provide that the report must satisfy the requirements of the initial report for a guardian of the person and/or property as stated in §744.362, F.S. The Court will only require an initial guardianship report (initial plan and/or verified inventory) for the ETG period plus the permanent guardian's period, due within sixty (60) days from the issuance of the permanent Letters of Guardianship. 24. Extensions of Time Counsel and guardians shall allow for sufficient time for the court to grant an extension before the time period has actually run – when it has already become a fait accompli. This entails the filing of the petition at least ten (10) days prior to the actual running of any time period in question. • When the ETG is appointed successor guardian of person and/or property, Section 744.3031(9)(c) and (d), F.S. provide that the report must satisfy the requirements of the initial report for a guardian of the person and/or property as stated in §744.362, F.S. The Court will only require an initial guardianship report (initial plan and/or verified inventory) for the ETG period plus the permanent guardian's period, due within sixty (60) days from the issuance of the permanent Letters of Guardianship. 24. Extensions of Time Counsel and guardians shall allow for sufficient time for the court to grant an extension before the time period has actually run – when it has already become a fait accompli. This entails the filing of the petition at least ten (10) days prior to the actual running of any time period in question. 25. Medicaid Planning a. Petitions for Authorization • The Court believes it is prudent to again remind all attorneys and paralegals that secretarial and clerical work cannot be billed at a paralegal rate, and in fact, cannot be billed at all as it is considered in the attorney’s hourly rate. The Court remains open to and welcomes counsel to provide persuasive authority to the contrary. None has been provided to the Court during the now extended period of time that this legal principle has been applied by the Court, including up to the date of these Revised Best Practices. Non-compensable clerical duties may be documented; however, paralegal duties should be separated from clerical duties (separate line items). Furthermore, time spent performing paralegal duties that comingle clerical duties will be subject to the total time allotted for that event being excluded by the Court; therefore, it is incumbent upon counsel to clearly differentiate compensable paralegal work from non-compensable paralegal work or risk the entire entry being excluded from payment. A fee order entered without a hearing will not be final for twenty (20) days from the date of the Order. To pursue any excluded or reduced time, costs or rate reductions as determined by the Court, the moving party must within that time period file an objection and schedule a hearing or file a memorandum to demonstrate to the Court that the particulars of the case are such that the excluded items are justified. Any memorandum or objection and request for hearing must be filed within twenty (20) days from the date of the Order. Notice of an evidentiary hearing shall be filed and served upon any party who had not waived objections. Effective immediately, attorney fee petition proposed orders must be submitted to the Court through the cha-guardianship@ca.cjis20.org . Additionally, all other proposed orders must continue to be sent the cha-guardianship@ca.cjis20.org folder for processing by the Court’s Judicial Assistant. All inquiries, for example, a request to set a hearing, should be sent to the Court’s Judicial Assistant at patriciat@ca.cjis20.org . 29. Court Reviews • Additionally, the court may select a number of guardianship files for a comprehensive audit of all transactions. The audit may be conducted by a court monitor, the Clerk, the Clerk's Guardianship Audit Program staff, a general magistrate, or another court designee. 30. Requests for Notices and Copies of Pleadings In accordance with Florida Probate Rule 5.060, any interested person who desires notice may file a written request for notice of further proceedings. Such persons must indicate a current residence, post office address, and E-mail address. A new address designation must be filed within ten (10) days by the requesting person when any address changes occur. Any person filing a request for notice must also provide a copy of the request to the clerk for forwarding to the guardian's attorney or the guardian, if not represented by counsel and to all other interested persons. Thereafter, the interested person must receive notice of further proceedings and must receive copies of subsequent pleadings and papers, with the exception of guardianship reports, that are filed as long as such person remains an interested person. 31. Change of Ward's Residence As the court has a keen interest in management of the ward's care, the guardian shall inform the court, in writing, if the ward's residence changes to a new location within Charlotte County or to an adjacent county in accordance with Section 744.1098(2), F.S., within fifteen (15) days of such change. In accordance with Section 744.1098(1), F.S., a guardian may not, without prior court approval, change the residence of the ward to another state or to a non-adjacent county. Before a ward's permanent residence is changed to a county other than Charlotte County, the guardian and the guardian's attorney must have filed all appropriate pleadings and proposed orders to have venue of the guardianship case transferred to the court in the appropriate county and must have received a favorable written order of the court. In the past, there have been significant compliance issues with this requirement. In the future, the Court and the Court Guardianship Monitor will closely monitor compliance with this requirement and may pursue sanctions against any guardian who fails to comply with this procedure. • In accordance with Florida Probate Rule 5.060, any interested person who desires notice may file a written request for notice of further proceedings. Such persons must indicate a current residence, post office address, and E-mail address. A new address designation must be filed within ten (10) days by the requesting person when any address changes occur. Any person filing a request for notice must also provide a copy of the request to the clerk for forwarding to the guardian's attorney or the guardian, if not represented by counsel and to all other interested persons. Thereafter, the interested person must receive notice of further proceedings and must receive copies of subsequent pleadings and papers, with the exception of guardianship reports, that are filed as long as such person remains an interested person. 31. Change of Ward's Residence As the court has a keen interest in management of the ward's care, the guardian shall inform the court, in writing, if the ward's residence changes to a new location within Charlotte County or to an adjacent county in accordance with Section 744.1098(2), F.S., within fifteen (15) days of such change. In accordance with Section 744.1098(1), F.S., a guardian may not, without prior court approval, change the residence of the ward to another state or to a non-adjacent county. Before a ward's permanent residence is changed to a county other than Charlotte County, the guardian and the guardian's attorney must have filed all appropriate pleadings and proposed orders to have venue of the guardianship case transferred to the court in the appropriate county and must have received a favorable written order of the court. In the past, there have been significant compliance issues with this requirement. In the future, the Court and the Court Guardianship Monitor will closely monitor compliance with this requirement and may pursue sanctions against any guardian who fails to comply with this procedure. Additionally, Rule 5.050(b), Fla. Prob. R. Part III mandates that “when the residence of a ward is changed to another county, the guardian of the person or the guardian advocate shall have the venue of the guardianship changed to the county of the acquired residence” (emphasis added). • An Order Appointing Guardianship Monitor (“CGM”) may be entered by the court on its own motion, or following an attorney request for referral to guardianship monitoring. Any specific investigation request outside the scope of the CGM's normal course of duties requires court approval. The results of the CGM's investigation will be reported directly to the Court with service of the report on the parties. The individual who, when appointed, performs duties as a CGM is an employee of the Administrative Office of the Court. The majority of the CGM’s work will be in the nature of case manager and judicial assistant and may include support of other divisions such as Family and Civil. In those matters the Court Guardianship Monitor is acting as a member of the staff of the Administrative Office of the Court and communications between the CGM and the Court are not subject to disclosure pursuant to the rules governing the confidentiality of communications within the Judicial Branch. 33. Death of the Ward Within 30 days after the death of the ward, the guardian must file a suggestion of death. A certified copy of the ward's death certificate must be applied for within 15 days of the ward's death and filed immediately upon receipt. The guardian of the property must file a final report in compliance with Section 744.527, F.S., and Rule 5.680, Fla. R. Prob. Part III, unless waived in writing by all necessary interested persons, as well as a petition for discharge, unless extended by court order. Any objections to the final accounting or discharge are required to be filed in accordance with Rule 5.680, Fla. R. Prob. Part III. In most cases, the guardianship case should be closed within four (4) to five (5) months from the date of the ward's death. 34. Deposit into Clerk Registry When there are no known beneficiaries of the ward's estate, or known beneficiaries, after notice of death have not opened an estate on behalf of the ward, the final accounting shall be • A petition for a custody arrangement in a guardianship of the person for a minor child under Section 744.3021, Florida Statutes, requires the voluntary consent of all living parents, and must be accompanied by a UCCJEA Affidavit, Family Law Form 12.902(d). If the location of a living parent is unknown, sworn testimony must be elicited to establish same, including all efforts of diligent search and inquiry. If a guardianship of the person for a minor child is established and a parent later withdraws the consent, the parent must file a notarized notice of withdrawal of consent with the Clerk and serve the notice on all interested parties and the Court. The parent, guardian, or any interested person may afterwards file a petition for discharge of the guardian and termination of the guardianship. A hearing must be scheduled with the Court prior to the termination of guardianship. If the minor is the subject of a petition for adoption, counsel for the adoption petitioner must present to the adoption court an order terminating the guardianship of the person of the minor at the same time the final judgment of adoption is presented. The original of this order must be promptly filed with the Clerk, and a copy must be filed in the guardianship case. If the adoption is finalized in another circuit, a notice of adoption must be filed with the guardianship court within thirty (30) days following the adoption of the minor child along with a petition to terminate the guardianship of the person of the minor. A petition for guardianship of the property of a minor must be accompanied by an Acknowledgment of Proposed Guardian of a Minor's Property and Acknowledgment of Counsel for Proposed Guardian of a Minor's Property, which are also available on the Court’s website of the 20th Judicial Circuit. 3. Petition for Appointment of Minor Guardian; Contents • A petition seeking court approval of the settlement of a claim on behalf of a minor or incompetent must comply with Florida Probate Rule 5.636 and Sections 744.301, .3025, and .387, Florida Statutes. All settlements arising out of an action filed in civil court must be approved by the civil court judge having jurisdiction over the action. With respect to settlements reached prior to the filing of an action in civil court, the guardianship court will conduct a hearing to determine if the settlement is in the best interest of the minor and if the attorney's fees and costs are fair and reasonable. The parent, next friend or guardian, unless excused by the court must attend but the minor is not required to attend the hearing unless otherwise directed by the court. The attorney must have available for the court the most recent medical report of the treating physician in tort claims. In situations where approval of a settlement for less than the actual value of the claim is requested because of policy limits, evidence indicating the amount of insurance coverage must be produced at the hearing. If a guardian ad litem report is required based on the amount of the settlement or otherwise ordered by the court, a courtesy copy of the report must be provided to the court at least 48 hours prior to the hearing. As noted above, in accordance with Section 744.3025, F.S. and Rule 5.636(d) Fla. Prob. R. Part III, in cases involving a minor in which the gross settlement exceeds $15,000, the Court may appoint a guardian ad litem to represent the minor's interests if the Court believes a guardian ad litem is necessary to protect the minor's interest. In cases involving a minor in which the gross settlement equals or exceeds $50,000, the Court is required to appoint a guardian ad litem to represent the minor's interest. In cases requiring the appointment of a guardian ad litem or where a guardian ad litem is otherwise requested, a petition for appointment of guardian ad litem must be filed and a proposed order granting same may be submitted to the Court for entry without a hearing. 10. Mandatory Depository • 14. Proposed Orders a. Electronic Submission Proposed Orders related to Guardianship of Minor petitions must be submitted electronically in Microsoft Word format to the Court with copies via E-mail to opposing counsel, if any, at least 24 hours prior to the Guardianship of Minor hearing as provided for in the following instructions and on the Court's website in Procedures under the Guardianship of Minors section. b. Description of the E-mail Counsel shall ensure that the subject line of the E-mail is flagged so that the • The title of every proposed order submitted must contain the subject matter of the pleading or motion upon which the ruling is made and must fairly apprise the reader of the action being ordered. Phrasing such as "order granting ... " or "order denying ... " is preferred over "order on". d. Objections Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge must immediately notify the judge's office via E-mail (preferably) or telephone. If the objection notification is made by E-mail, the opposing attorney or party must be copied on the E-mail message. The objecting attorney or party must submit an alternative proposed order or report at least one hour prior to the hearing. 15. Notice of Change of Guardian's Contact Information A guardian must promptly advise the court, via written notice filed with the Clerk with copies to all parties in each case in which the guardian has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. • Any attorney or party who objects to the entry of a proposed order or report which has been submitted to the presiding judge must immediately notify the judge's office via E-mail (preferably) or telephone. If the objection notification is made by E-mail, the opposing attorney or party must be copied on the E-mail message. The objecting attorney or party must submit an alternative proposed order or report at least one hour prior to the hearing. 15. Notice of Change of Guardian's Contact Information A guardian must promptly advise the court, via written notice filed with the Clerk with copies to all parties in each case in which the guardian has been appointed and is serving, of any change of his or her name, address, telephone number, or E-mail address. Notice should be filed with the Clerk within ten (10) days of such change and must list the case number. 16. Order of Appointment of Guardian of Minor Every order appointing a guardian of minor submitted to the court for entry must include the following language: • The guardian is directed to read and become familiar with the Best Practices for Guardianship of Minor Cases in Charlotte County, Florida and, further, to comply with such Best Practices. A failure to comply may result in contempt proceedings and/or other appropriate sanctions. 17. Acknowledgment of Responsibilities of Guardian All guardians of minor shall review and sign the court's Acknowledgment of Responsibilities of Guardian. The Acknowledgment can be found on the Court’s website under “forms” and shall be filed with the clerk within 5 days of the guardian’s appointment. 18. Initial and Annual Guardianship Reports Every guardian must file an initial guardianship report, as required by Sections 744.362, 744.363, and 744.365, Florida Statutes, within the sixty day statutory time frame, unless waived by the court. The reporting period for the initial plan will begin with the date that letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. Upon approval of the initial guardianship report (plan and inventory, if applicable), counsel for the ward is no longer obligated to represent the ward pursuant to Section 744.362(2), Florida Statutes. After the clerk's report is viewable in the clerk's system, counsel for the guardian should electronically submit a proposed order approving the initial guardianship report. Such proposed order should state that counsel for the ward is discharged upon approval of the initial guardianship report. The failure to file timely the initial guardianship report or to submit a proposed order granting same may result in the issuance of an order to show cause. • 18. Initial and Annual Guardianship Reports Every guardian must file an initial guardianship report, as required by Sections 744.362, 744.363, and 744.365, Florida Statutes, within the sixty day statutory time frame, unless waived by the court. The reporting period for the initial plan will begin with the date that letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. Upon approval of the initial guardianship report (plan and inventory, if applicable), counsel for the ward is no longer obligated to represent the ward pursuant to Section 744.362(2), Florida Statutes. After the clerk's report is viewable in the clerk's system, counsel for the guardian should electronically submit a proposed order approving the initial guardianship report. Such proposed order should state that counsel for the ward is discharged upon approval of the initial guardianship report. The failure to file timely the initial guardianship report or to submit a proposed order granting same may result in the issuance of an order to show cause. A guardian of the person must, thereafter, file the annual guardianship plan as required by Sections 744.367 and 744.3675, Florida Statutes. Unless otherwise ordered, annual plans must be filed within 90 days after the last day of the anniversary month in which the letters of guardianship were signed by the court, and must cover the coming fiscal year, ending on the last day in such anniversary month. The reporting period for the annual plan will begin on the first day of the first month following the month in which letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. The plan must accurately indicate the time period covered so that there is no lapse between annual reporting periods, and the plan must be prospective to cover the upcoming year. If a ward is in a persistent vegetative condition and the guardian wishes to use substantially the same plan as in previous years, then the guardian must provide a reasonable basis for doing so. A guardian of the property must file the annual guardianship accounting as required by Sections 744.367 and 744.3678, Florida Statutes, on a fiscal-year basis unless otherwise ordered. Annual accountings must be filed on or before the first day of the fourth month after the end of the fiscal year, and must cover the preceding fiscal year. The fiscal year will be deemed to end on the last day of the anniversary month in which the letters of guardianship were signed. Therefore, the reporting period for the first annual accounting will begin with the date that letters of guardianship were entered and end on the last day of the anniversary month in which the letters of guardianship were signed. Thereafter, the reporting period for all future accountings will begin on the first day of the first month following the month in which letters of guardianship were signed by the court and end the following year, on the last day of the anniversary month in which the letters of guardianship were signed. Annual accountings must include all property interests of the ward regardless of how the property is titled unless specifically exempted under Section 744.3678, Florida Statutes, and should be accompanied by copies of all bank statements for the ward's assets. All reports must include the guardian's signature, current address, current telephone number with area code, and e-mail address. Additionally, all reports must include the signature of the attorney of record, the attorney's current address, current telephone number with area code, e- mail address, and Florida Bar number. All reports must be signed under penalties of perjury. If the reports cannot be filed in the time required by law, a motion for extension of time must be filed within the respective time period. Reports must not be filed prior to the end of the applicable reporting period. After the clerk's report is viewable in the clerk's system, counsel for the guardian should submit a proposed order approving the annual guardianship plan and/or accounting in accordance with the e-mail submission requirements outlined in E-Mail Submission Guidelines for Certain Proposed Orders in Incapacity/Guardianship, Emergency Temporary Guardianship and Guardian Advocate Cases. Audit fees must be paid to the clerk in accordance with Sections 744.365 and 744.3678, Florida Statutes. • Under the appropriate circumstances, the guardian may use the simplified accounting procedures under Section 744.3679, Florida Statutes, or file a verified petition clearly indicating the justification for the court to allow simplified plans or waive the requirement of annual accountings. If the court grants a petition to allow simplified plans, the guardian must use the court's approved form. 19. Change of Ward's Residence As the court has an interest in management of the ward's care, the guardian should inform the court, in writing, if the ward's residence changes to a new location within Charlotte County or to an adjacent county in accordance with Section 744.1098(2), Florida Statute, within 15 days of such change. In accordance with Section 744.1098(1), Florida Statutes, a guardian may not, without prior court approval, change the residence of the ward to another state or to a non-adjacent county. If a ward's permanent residence is changed to a county other than Charlotte County, the guardian and the guardian's attorney must file all appropriate pleadings and proposed orders to have venue of the guardianship case transferred to the court in the appropriate county. 20. Extensions of Time Counsel and guardians shall allow for sufficient time for the court to grant an extension before the time period has actually run - when it has already become a fait accompli. This should involve the filing of the petition at least ten (10) days prior to the actual running of any time period in question. • As the court has an interest in management of the ward's care, the guardian should inform the court, in writing, if the ward's residence changes to a new location within Charlotte County or to an adjacent county in accordance with Section 744.1098(2), Florida Statute, within 15 days of such change. In accordance with Section 744.1098(1), Florida Statutes, a guardian may not, without prior court approval, change the residence of the ward to another state or to a non-adjacent county. If a ward's permanent residence is changed to a county other than Charlotte County, the guardian and the guardian's attorney must file all appropriate pleadings and proposed orders to have venue of the guardianship case transferred to the court in the appropriate county. 20. Extensions of Time Counsel and guardians shall allow for sufficient time for the court to grant an extension before the time period has actually run - when it has already become a fait accompli. This should involve the filing of the petition at least ten (10) days prior to the actual running of any time period in question. 21. Court Reviews The Guardianship Audit Program, under the auspices of the Charlotte County Clerk of Court & Comptroller's Inspector General and Probate Departments, per Florida Statutes and internal Policies and Procedures, is utilized by the court to review filings and documentation related to guardianship cases and report to the court based upon its reviews. The Clerk's Guardianship Audit Program staff will review: (a) professional guardian files for annual statutory compliance; (b) guardians' petitions for fees and compensation; (c) initial reports; (d) annual plans; and (e) accountings as requested by the court. The above persons will be authorized to participate in guardianship hearings, as requested by the court, to address issues related to their reviews. • i. Dissolution of Marriage Proceedings:  Petitioner must complete within 45 days of the date of filing the petition.  Respondent must complete within 45 days after being served the •  Petitioner must complete within 45 days of the date of filing the petition.  Respondent must complete within 45 days after being served the petition. ii. Paternity Actions: • petition. ii. Paternity Actions:  Petitioner must complete the course within 45 days after the date of filing of the petition  Respondent must complete the course within 45 days – •  Petitioner must complete the course within 45 days after the date of filing of the petition  Respondent must complete the course within 45 days –  after an acknowledgment of paternity by that party, OR  After an adjudication of paternity of that party, • certain assistance. Please contact Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice • See: Fla.R.Jud. Admin. 2.530 (c). If the hearing is scheduled for more than 15 minutes, no telephone appearances are permitted. All telephone appearances must be scheduled through CourtCall at least seven (7) business days in advance of the scheduled hearing. • Please do not email or fax any requests to cancel a foreclosure sale. THE NEW PROCEDURE is: You may submit a Stipulated Order to Cancel Foreclosure Sale (at least 24 hours before the sale date) to the judge assigned to the case. If the motion is not stipulated, a party seeking to cancel a foreclosure sale shall file and serve on all parties a motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure. The motion • motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure. The motion shall be noticed for hearing, with service on all parties, with the senior foreclosure judge, at least five (5) business days before the hearing. The Clerk of Courts shall not cancel any foreclosure sale without the entry of an order canceling and resetting the sale except if a Petition for Bankruptcy has been filed in federal court. • 2. In the event that the non-moving party fails to provide the requested discovery, or fails to request an extension of time to respond to the discovery within seven (7) days of service of the motion, the moving party may submit an ex parte order to the court. • 3. In entering an ex parte order, the court may direct that the non-moving party comply with the outstanding discovery request within fifteen (15) days or such other time, within the discretion of the Court. The court may also, in its discretion, order the non-moving party pay costs and/or attorney’s fees, if • 7. If new counsel for Plaintiff/ Defendant is obtained, the new counsel must file a notice of appearance within 30 days of this Order and appear for the Status Conference scheduled for _________________by Zoom. If Plaintiff / Defendant or new counsel do not appear at the Status Conference, then this case will be dismissed without • assistance. Please contact Charles Rice, Administrative Services Manager, whose office is located at 3315 Tamiami Trail East, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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.” • Step by Step Through Small Claim Court ① Service must be completed at least 7 days prior to the Pretrial Conference (Rule 7.070) The case �ile must show when and how the service was completed. Note: If the defendant is not properly served, the Pretrial Conference will be canceled. The plaintiff will need to • Case Track Assignment: Expedited Track (Case to be resolved within 12 months of filing): (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) Standard Track (Case to be resolved within 18 months of filing): (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) • (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) Standard Track (Case to be resolved within 18 months of filing): (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) Complex Track (Case to be resolved within 2 years of filing): (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201) • Administrative Judge/County Judge DEADLINE OR EVENT | DATE Statement of Facts and/or Counterclaim(s) | 180 days prior to trial Identification of facts the parties believe to be disputed | 90 days prior to trial Identification of the issues of law to be decided by the Court | 90 days prior to trial • DEADLINE OR EVENT | DATE Statement of Facts and/or Counterclaim(s) | 180 days prior to trial Identification of facts the parties believe to be disputed | 90 days prior to trial Identification of the issues of law to be decided by the Court | 90 days prior to trial Motions to Add Parties or to Amend Pleadings | 180 days prior to trial • Statement of Facts and/or Counterclaim(s) | 180 days prior to trial Identification of facts the parties believe to be disputed | 90 days prior to trial Identification of the issues of law to be decided by the Court | 90 days prior to trial Motions to Add Parties or to Amend Pleadings | 180 days prior to trial Disclosure of Fact Witnesses | 180 days prior to trial • Identification of facts the parties believe to be disputed | 90 days prior to trial Identification of the issues of law to be decided by the Court | 90 days prior to trial Motions to Add Parties or to Amend Pleadings | 180 days prior to trial Disclosure of Fact Witnesses | 180 days prior to trial Disclosure of Expert Witnesses | 180 days prior to trial • Identification of the issues of law to be decided by the Court | 90 days prior to trial Motions to Add Parties or to Amend Pleadings | 180 days prior to trial Disclosure of Fact Witnesses | 180 days prior to trial Disclosure of Expert Witnesses | 180 days prior to trial Filing of Exhibit List | 60 days prior to trial • Motions to Add Parties or to Amend Pleadings | 180 days prior to trial Disclosure of Fact Witnesses | 180 days prior to trial Disclosure of Expert Witnesses | 180 days prior to trial Filing of Exhibit List | 60 days prior to trial DEADLINE OR EVENT | DATE • Disclosure of Fact Witnesses | 180 days prior to trial Disclosure of Expert Witnesses | 180 days prior to trial Filing of Exhibit List | 60 days prior to trial DEADLINE OR EVENT | DATE Expert Opinion Available to Opposing Party | 120 days prior to trial • Filing of Exhibit List | 60 days prior to trial DEADLINE OR EVENT | DATE Expert Opinion Available to Opposing Party | 120 days prior to trial Discovery Deadline for Expert Witnesses | 60 days prior to trial Completion of Alternative Dispute Resolution (ADR) | 60 days prior to trial, unless waived by the Court. • DEADLINE OR EVENT | DATE Expert Opinion Available to Opposing Party | 120 days prior to trial Discovery Deadline for Expert Witnesses | 60 days prior to trial Completion of Alternative Dispute Resolution (ADR) | 60 days prior to trial, unless waived by the Court. Deadline for Filing Dispositive Motions • Expert Opinion Available to Opposing Party | 120 days prior to trial Discovery Deadline for Expert Witnesses | 60 days prior to trial Completion of Alternative Dispute Resolution (ADR) | 60 days prior to trial, unless waived by the Court. Deadline for Filing Dispositive Motions (Court requires filing not later than 10 days prior to the pretrial conference) | 60 days prior to trial. Must be heard not later than 30 days prior to commencement of trial period. • Completion of Alternative Dispute Resolution (ADR) | 60 days prior to trial, unless waived by the Court. Deadline for Filing Dispositive Motions (Court requires filing not later than 10 days prior to the pretrial conference) | 60 days prior to trial. Must be heard not later than 30 days prior to commencement of trial period. Pretrial/Trial Conference Date | An Order will be issued by the Court scheduling the Pretrial/Trial Conference. Estimated Date the Case Will Be Prepared To Go To Trial. This is the estimated time the case should be ready for trial based on the Expedited Track and upon which all deadlines are based. | Expedited Track deadline is 12 months from date initial Complaint was filed. • for relief. 3. If a responsive pleading is filed within 10 days, disputing the allegations or raising objections, the matter must be set for hearing in the manner described at the top of this memo. • objections, the matter must be set for hearing in the manner described at the top of this memo. 4. If no responsive pleading is filed within 10 days then please submit a proposed order with cover letter indicating the 10 days have elapsed. The proposed order should reference the failure of the other side to respond within 10 days and grant the relief requested with • 4. If no responsive pleading is filed within 10 days then please submit a proposed order with cover letter indicating the 10 days have elapsed. The proposed order should reference the failure of the other side to respond within 10 days and grant the relief requested with language also granting entitlement to fees and reserving jurisdiction on the amount. It should also include a proposed timeline to provide the missing item(s). 20 days is • Mandatory Meeting Before Trial: The attorneys for the parties are directed to meet together by agreement, initiated by counsel for the Petitioner, no later than 10 days before trial to: • k) The parties shall attend and complete mediation prior to the trial date. The Petitioner is required to file with the Court no later than 48 hours prior to trial either: 1. A pre-trial stipulation listing the facts and evidence that are agreed upon and which is • what is submitted to the Clerk. If your hearing is in person, pleas bring the binder to court with you. If your hearing is via Zoom, please deliver the binder to the Judge’s mailbox in Court Administration no later than 48 hours before the hearing. The Clerk does not want binders submitted to it for evidence. It is the party’s responsibility to have the evidence properly filed. Please contact the Clerk of Court for further information at (239) 252-2646. • ☐ The judicial assistant strives to substantively respond to all inquiries within one business day. If the judicial assistant is unable to substantively respond within one business day, your message will be acknowledged as received with an indication of • issues giving rise to said hearing resolve, the party having requested hearing time is required to notify the Court and submit an agreed order as to the resolution at least 24 hours prior to the hearing date. • ☐ Cancellations are allowed through JACS up to seven (7) days prior to the hearing. Please contact the Judicial Assistant to cancel a hearing within six (6) days. ☐ The Judicial Assistant does not have the authority to • 8. Party being represented If you do not receive confirmation within 2 hours of placing your order and making payment, call (833) SCRIBES (727-4237) for assistance. • of the hearing and shall serve a copy on all parties entitled to notice of the proceeding. If attending a hearing by phone, you should call into the hearing at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, • If you are attending a hearing by video (by order), the hearing must be noticed accordingly. If attending a hearing by video, you should log-in into the hearing at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, • ☐ Should the issues giving rise to a scheduled hearing resolve, the party having requested hearing time is required to notify the Court and submit an agreed order as to the resolution at least 24 hours prior to the hearing date. • prior to the hearing date. ☐ Please allow at least one week to check the status of an Order. Prior to contacting the Judge’s Office, please review the Clerk’s Docket. • ☐ All attorneys and pro se litigants are required to exchange exhibits with the opposing party no later than 10 business days prior to the hearing/trial. • Exceptions to obtain a copy of the audio recording from Court Smart via Court Administration, transmit it to a Court Reporter to have it typed up and then file the transcript in the Court file no later than 3 business days prior to the Circuit Court’s hearing. At the hearing, the Court will ONLY be considering the transcript of the Magistrate’s hearing and legal argument. The Court will NOT generally consider any • C. Delinquent Reports: Section 744.3685 of the Florida Statutes REQUIRES the Court to issue an Order requiring a Guardian who fails to file a Report as required by Florida Statutes to file said Report within 15 days of the Order or show cause as to why he/she should not be compelled to do so or determined to be in contempt of Court. Fla.Stat.§744.3685(1)&(3)(2025) The Court is authorized to fine a Guardian and require that • Guardian-reporting that is delinquent. 5 The Court will be issuing Orders to Show Cause regarding these delinquencies and scheduling them for hearing. If the Reports are then filed no less than 2 business days prior to the scheduled-hearing, the Court will remove such Cases from its Guardianship-Delinquency-Docket. • determining the proceeding to be adversary, it must thereafter be conducted as an adversary proceeding. The order must require interested persons to serve written defenses, if any, within 20 days from the date of the order. [NOT required for Injunction proceedings.] It is not necessary to re-serve the petition except as ordered by the court. • 17 (4) A hearing is held within 15 days. (5) At the hearing, the Court hears testimony and considers evidence and then determines • A. If a Guardian fails to file a Report that the Guardian is required to file, the Court MUST issue an Order to Show Cause requiring the Guardian to file the Report within 15 days of the Order or show cause as to why he or she may not be compelled to do so and be held in contempt of court. Fla.Stat.§744.3685(1)(2025) Orders to Show Cause require the • Collier, requires the following: (1) A Notice MUST be filed in the Court file within 15 days of moving the Ward that reflects the change of residence. Fla.Stat.§744.1098(2)(2025) Just reflecting a new address in the Annual Plan is NOT sufficient and constitutes a violation of Florida • Guardianship-termination in the Florida/Collier County Court file in conformance with the requirements of Rule 5.670(f) of the Florida Probate Rules within 30 days from the later of the service-date on the receiving-State- Guardian or the first date of publication; Fla.Prob.R.5.670(b)-(h)(2025) • Guardian or the first date of publication; Fla.Prob.R.5.670(b)-(h)(2025) (d) If the objecting-interested-party files a Notice of Hearing within 90 days after filing his/her/their Objection, the Court must hear said Objection and rule on it. If no Notice of Hearing is filed within this 90-day-period, the • C. If a hearing is required and exigent circumstances exist, the Court is required to hold said hearing within 72 hours. 39 The Guardian is responsible for alerting the Judge’s office to the filing of a Petition for a Do Not Resuscitate Order and the necessity of a hearing. When contacting the Judge’s office for hearing time in this circumstance, inform the • the filing of a Petition for a Do Not Resuscitate Order and the necessity of a hearing. When contacting the Judge’s office for hearing time in this circumstance, inform the Judicial Assistant that this hearing must be held within 72 hours. 40 2. Section 744.4431 and Rule 5.631 set forth the pleading requirements for a Petition for a Do- • F. Notice of the filing of the Petition for Appointment of an Emergency Temporary Guardian and of the hearing on said Petition must be served on the Alleged Incapacitated Person and his/her attorney at least 24 hours prior to the hearing on said Petition commencing. Fla.Stat.§744.3031(2)(2025);Fla.Prob.R.5.648(b)(2025) • omission. Fla.Stat.§744.331(3)(f)(2025) (f) File a Report with the Clerk of Court within 15 days of his/her appointment with the AIP that must include: • 7. The Examining Committee Members are required to perform their examinations and file their Reports within 15 days of the date of their appointment.52 However, this time frame is often expanded to accommodate Wards and the Committee Members. The remedy for untimely evaluations and Report-filing would NOT be dismissal of the pending • (1) Florida Probate Rule 5.550(e)(3) requires that Objections to Examining Committee Reports be filed no later than 5 days prior to the adjudicatory hearing. These are evidentiary “objections” such as hearsay objections. These do NOT include bases of Motions to Strike Reports. Those should be filed immediately upon the filing of the • 5.645 of Florida Probate Rules. 2. Within 60 days of a Ward moving to Collier County, Florida, the Guardian must file an authenticated copy of the out-of-State-Order of Appointment with the Collier County Clerk’s Office attached to a Petition to Appoint Florida Guardian. • D. An attorney will be appointed for the alleged developmentally disabled person within 3 days of the filing of the Petition. Most of these alleged disabled persons do not own any assets and receive very little income. Therefore, the Court appoints Regional Counsel for whom neither the Ward, the Petitioner or the Guardian Advocate are required • one of these professionals to conduct an evaluation. Fla.Stat.§393.12(12)(2025) D. Counsel is appointed for the Ward within 3 days of the filing of the Suggestion. Fla.Stat.§393.12(12)(a)(2025). • E. The Court is required to schedule the Suggestion for hearing if Objections are filed to it within 20 days of its filing or if the evidentiary support for the Suggestion, indicates that restoration is not appropriate. Fla.Stat.§393.12(12)(d)(2025) • so it is advisable to confirm that the bank or other financial institution will accept such a designation. Fla.Stat.§69.031(4)(2025) The financial institution must file its acceptance or rejection of the designation within 15 days of when it becomes aware of this designation. Fla.Stat.§69.031(4)(2025) The Court, Collier Guardianship • 85 A. Within 20 days of being removed, the Removed-Guardian must file an Accounting, with service on the Successor Guardian and the Ward unless the Ward is a minor or has been determined to be 100% incapacitated. 138 • 2. ANNUAL REPORTS Within 90 days of the yearly anniversary of the last day of the month in which the Guardian’s Letters of Authority were signed by the Court, the Guardian must file an Annual Plan and Accounting every year. 155 The Clerk’s Office will send out reminders to • (b) The examination of the Ward by one of the above medical professionals must have occurred within 90 days of the filing of the Plan. 158 Guardians cannot use the same certificate over and over again. And, the Auditor and the Court DO SPOT forgeries. • other sanctions as provided by Section 744.3685 of the Florida Statutes. 161 Section 744.3685 provides that if a Guardian fails to file a required Report, the court SHALL order the Guardian to file it within 15 days. If the Guardian fails to do so, then the Court can find the Guardian in contempt and impose a fine on the Guardian that the Guardian is prohibited from paying from the Ward’s assets and income. A Guardian’s • Final Reports need only be filed “promptly.” 175 HOWEVER, the Court may impose some time limits. Expect the Court to schedule a Case Management hearing if no Final Report has been filed within 90 days of an event that would trigger such a Report. • contain the required information. The Clerk is NOT required to “approve” or "disapprove” these Plan-Reports. The Clerk reviews these Plans and files a Report in the Court file within 30 days after the Plan is filed. Attorneys or Guardians who are legally authorized to not be represented by an attorney, may then submit an Order Approving Plan to the Judge for signature. • all delinquent guardianship Reports and forwards such to Collier Guardianship Case Management Office. The Court is then REQUIRED to order such Guardians to file said Reports within 15 days after service of the Order or show cause as to why he/she/they may not be compelled to do so. 193 These Cases are schedule for a hearing on said Order to Show Cause which can be cancelled if the Guardian files the • regarding formal and informal service.) D. Any Objections to the Suggestion of Capacity must be filed within 20 days of service of the Notice. • resignation of the existing Guardian or Guardian Advocate. 218 B. A Standby Guardian must petition for confirmation of appointment no later than 20 days after he/she assumes the duties as Guardian. 219 • (1) If a Guardianship terminates because of the Ward’s death, the Guardian must file the Final Report within 45 days of being served Letters of Administration. (2) Other than the above 45-day-time-limit when a Ward has died, Guardian are only • hearing on the petition. “Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.”2 • §744.3031(2), F.S., “Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person's attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given.” • and letters, may no longer be handed in hard copy form to the Court or Clerk at the time of the hearing. These proposed orders must be submitted electronically to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the hearing as provided for the following instructions at the Court’s web page here: https://www.ca.cjis20.org/pdf/Charlotte/ElectronicSubmissionOrders_GeneralProbateGuardiansh • 2 “Within 3 days after a petition has been filed, the court must appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate. The person with a developmental disability may substitute his or her own attorney for the attorney appointed by the court.” Rule • and letters, may no longer be handed in hard copy form to the Court or Clerk at the time of the hearing. These proposed orders must be submitted electronically to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the hearing as provided for the following instructions at the Court’s web page here: • petitioner’s counsel will prepare the orders appointing the examining committee members1 and the order appointing attorney/elisor and submit same to the Court in time for the Court to E-sign and E-file the orders within five (5) days of the filing of the petition for determination of incapacity2. 4. Within two (2) days of the petitioner’s counsel receipt of the E-mail notice of the • and E-file the orders within five (5) days of the filing of the petition for determination of incapacity2. 4. Within two (2) days of the petitioner’s counsel receipt of the E-mail notice of the E-filing of the order appointing examining committee members and order appointing attorney/elisor, the Petitioner's counsel will do the following: • alleged incapacitated person. 7. The Clerk will continue to serve upon the examining committee members by U.S. Mail a certified copy of their orders of appointment within three (3) days of their appointment. The Court grants the petitioner's counsel permission to forward to the examining committee members by U.S. Mail or E-mail a copy of the Petition to Determine Incapacity so that the • IN CHARLOTTE COUNTY 1. Proposed orders that are entered after the incapacity and guardianship hearings including orders determining incapacity, orders appointing guardians, and other related orders and letters, may no longer be handed in hard copy form to the Court or Clerk at the time of the hearing. These proposed orders must be submitted electronically to the Court with copies via E-mail to counsel for the A.I.P. at least 24 hours prior to the hearing as provided for in the following instructions and on the Court’s website in Procedures under the Incapacity/Guardianship section. 2. Counsel shall ensure that the subject line of the E-mail is flagged so that the Court's Judicial Assistant can bring the proposed order(s) to the Court's attention prior to the hearing. Use all caps language and include the date and time of the upcoming hearing such as "***UPCOMING HEARING ON XX/XX/XXXX at YYYY a.m./p.m.***". Also include the normal case description that must be placed in the subject line of the E-mail. • If another party is non-responsive to your efforts to coordinate the scheduling of a hearing, and you have made at least 2 attempts, which attempts have been separated by at least 14 days, then you may request permission from the JA to have the matter scheduled unilaterally. If approved to do so, your Notice of Hearing should reflect that the matter was unilaterally scheduled with permission of the Court. •  If your hearing is being conducted via Zoom, and you wish to present evidence, you will need to forward the evidence (generally photographs, documents and the like) to the Court at least 5 days before your hearing AND send an identical copy to each other party in the case. You may forward this by mail, email or filesharing link (e.g. Dropbox). • All motions should comply with the appropriate Florida Rules of Procedure. Please submit your motions in a timely manner and pursuant to the Florida Rules of Procedure. This office does NOT accept certain motions within 48 hours prior to a scheduled hearing; these motions include motions to appear telephonically or Zoom videoconferencing and motions for continuance. • and passcodes for each type of proceeding. These Zoom codes are not published for security reasons. Please email the Judicial Assistant for a list of Judge Adams’s Zoom codes at least 48 hours prior to your hearing and/or to include in your notice of hearing. The Zoom App is available at no charge for all iOS (Apple) and Android • Administrative Orders in effect at the time of the hearing. All physical evidence should also be filed with the Clerk and emailed to the Court’s Judicial Assistant at jromanelli@ca.cjis20.org at least five (5) days prior to the court proceeding. No court interpreters will be available for Civil Division hearings. Should you require an interpreter, you should have one available with you. • All motions should comply with the appropriate Florida Rules of Procedure. Please submit your motions in a timely manner and pursuant to the Florida Rules of Procedure. This office does NOT accept certain motions within 48 hours prior to a scheduled hearing; these motions include motions to appear telephonically or via Zoom videoconferencing and motions for continuance unless specifically authorized • i. Dissolution of Marriage Proceedings: • Petitioner must complete within 45 days after filing the petition, and • Respondent must complete within 45 days after service of the petition. • i. Dissolution of Marriage Proceedings: • Petitioner must complete within 45 days after filing the petition, and • Respondent must complete within 45 days after service of the petition. ii. Paternity Actions: • ii. Paternity Actions: • Petitioner must complete the course within 45 days after filing the petition, and • Respondent must complete the course within 45 days after • an acknowledgment of paternity by that party, OR • ii. Paternity Actions: • Petitioner must complete the course within 45 days after filing the petition, and • Respondent must complete the course within 45 days after • an acknowledgment of paternity by that party, OR • an adjudication of paternity of that party, OR • Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice • participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties. o Timeliness: At least 5 business days prior to the scheduled court date for which the continuance is sought, barring exigent circumstances, a motion for continuance, with client consent, must be filed and a proposed order granting • days prior to any hearing so that the Court can consider the order and determine whether a hearing remains necessary. Post-hearing proposed orders must be submitted within 5 business days after any hearing. o Orders on Motions/Stipulations to Withdraw: Either a) upon stipulation/consent of counsel and the client or b) upon the Court granting a • • Submission Deadlines: o Although the Court will strive to consider all relevant materials in preparation for hearings, materials not timely filed at least 3 business days prior to the hearing may not make it to the Court file by the time the Court prepares for a hearing, and may not be reviewed by the Court. This may result in the Court • needing to reserve ruling or continue the hearing or otherwise may cause delays in resolution of matters. o The deadline is 3 business days before hearing: The parties must file all reply briefs, legal memoranda, case law, or materials a party wishes the Court to consider for the hearing no later than 3 business days before the hearing. • o The deadline is 3 business days before hearing: The parties must file all reply briefs, legal memoranda, case law, or materials a party wishes the Court to consider for the hearing no later than 3 business days before the hearing. o All materials must be filed: The Court does not need any hard-copy binders or emailed documents of pleadings or other filings. The Court will review the • o If your hearing is being conducted via Zoom, and you wish to present evidence, you will need to file the evidence (e.g., photographs, documents, etc.) with the Clerk at least 5 business days before your hearing, OR deliver an identical copy 10 • 10 to each other party in the case and to the Court at least 5 business days before the hearing. o Exhibits should be filed electronically via the Florida Courts E-Filing Portal • • Evidence for In Person Hearings: o You must deliver to each other party in the case an identical copy of the exhibits at least 5 business days before the trial or hearing. Exhibits must be brought to the trial or hearing, with sufficient copies for the Clerk, the Court, and each party to review during the hearing or trial. All exhibits must be pre-marked for • numbers or letters. For example, Petitioner Ex. #1. • Document Procedures: o Timeliness: At least 7 business days in advance of an evidentiary hearing, the parties must meet and confer by telephone or video conference to stipulate to as much as practicable regarding authenticity and admissibility and to agree on • • Motion to Strike Affirmative Defenses All motions must be set for hearing and heard within 60 days from filing the motion or the motion will be deemed abandoned and denied. • or last-minute withdrawal of such agreement, may be grounds for the assessment of fees and costs. No motions can be scheduled before the Magistrate within 90 days of the commencement of the trial period. All such motions must be heard by the Judge. • For hearings longer than one (1) hour, please submit your request in an email and attach the Motion upon which you are requesting a hearing. Please also mail in a copy to Judge Brodie’s Office no later than 7 days prior to the hearing. NO PIGGYBACKING OF MOTIONS: Once a motion is scheduled, subsequent motions • A Motion to Compel discovery in a civil action may be submitted to the Court without a hearing if the moving party has complied with the following procedures: • The moving party must serve the Motion on the opposing party at least seven (7) days prior to submission of the Order to the Court. • The Motion must include the following: • the discovery in an effort to secure the information or material without court action. - In the event that the non-moving party fails to provide the requested discovery, or fails to request an extension of time to respond to the discovery within seven (7) days of service of the Motion, the moving party may submit an order to the Court. - In entering the above Order, the Court may direct that the non-moving party comply with • of the Motion, the moving party may submit an order to the Court. - In entering the above Order, the Court may direct that the non-moving party comply with the outstanding discovery request within fifteen (15) days or such other time, within the discretion of the Court. The Court may also, in its discretion, order the non-moving party to pay costs and/or attorney-fees if appropriate. • Motions to Cancel Foreclosure Sales: The Procedure: • You may submit a Stipulated Order to Cancel Foreclosure Sale (at least 24 hours before the sale date – on a business day) to Judge Brodie. HOWEVER, a Stipulation does not guarantee that the Judge will cancel the sale. Stipulations that do not set forth good • a cross-noticed motion hearing without written consent of the parties/counsel. NOTE: IT TAKES THE CLERK’S OFFICE AT LEAST 48 HOURS TO PROCESS ANY FILED DOCUMENTS. • EXHIBITS TO BE USED IN ZOOM HEARINGS: • Please refer to Administrative Order 2.40. • Please forward all exhibits to the Judge’s Judicial Assistant via email 5 days prior to your court proceeding. All exhibits must be marked with an exhibit number or letter and you must provide an index. You must also provide paper copies to the Clerk’s Office 5 days prior to • • Please forward all exhibits to the Judge’s Judicial Assistant via email 5 days prior to your court proceeding. All exhibits must be marked with an exhibit number or letter and you must provide an index. You must also provide paper copies to the Clerk’s Office 5 days prior to the court proceeding. • You are required to forward to opposing counsel and any self-represented parties, copies of • COURT ORDERED CASE MANAGEMENT PLANS: Judge Brodie will issue a Case Management Plan no later than 120 days after the commencement of an action. Said Plan will have dates for a a Mandatory Status Conference, Pre- Trial Conference, Docket Sounding and a trial period. • MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be submitted at least seven (7) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11-inch paper, and shall also comply with the lettering and spacing • Continue Trial, all civil motions may be heard by the Magistrate assigned to your case upon agreement of attorneys and self-represented parties. However, no motions can be scheduled before the Magistrate within 90 days of the commencement of the trial period. All such motions must be heard by the Judge. The following motions SHOULD be heard by the Magistrate: •  Motion to Strike Affirmative Defenses All motions must be set for hearing and heard within 60 days from filing the motion or the motion may be deemed abandoned and denied. • days of service of the Motion, the moving party may submit an Order to the Court.  In entering the above Order, the Court may direct that the non-moving party comply with the outstanding discovery request within fifteen (15) days or such other time, within the discretion of the Court. The Court may also, in its discretion, order the non-moving party to pay costs and/or attorney fees if appropriate. • file and serve on all parties a Motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure. The Motion shall be noticed for hearing, with service on all parties, at least five (5) business days BEFORE the hearing.  The Clerk of Courts will not cancel any foreclosure sale without the entry of an Order canceling and resetting the sale except if a Petition for Bankruptcy has • CANCELLED HEARINGS IS APPRECIATED. NOTE: IT TAKES THE CLERK’S OFFICE AT LEAST 48 HOURS TO PROCESS ANY FILED DOCUMENTS. •  Please refer to Administrative Order 2.40.  Please forward all exhibits to the Judge’s Judicial Assistant via email 5 days prior to your court proceeding. All exhibits must be marked with an exhibit number or letter and you must provide an index. You must also provide paper copies to the Clerk’s Office 5 days • COURT ORDERED CASE MANAGEMENT PLANS: Judge Brown will issue a Case Management Plan no later than 120 days after the commencement of an action. Said Plan will have dates for a Mandatory Status Conference, Pre-Trial Conference, Docket Sounding and a trial period. • EXHIBITS • Parties are to e-file all exhibits in the Court file at least 72 hours before proceedings. • A copy of said exhibits are to be delivered or mailed directly to the Judge’s office • proceedings. • A copy of said exhibits are to be delivered or mailed directly to the Judge’s office no later than 48 hours prior to the proceeding. • Said exhibits are to be delivered to the Judge’s office in hard copy. No electronic deliveries will be accepted by the Judge’s office. • • The judicial assistant is not authorized to provide legal advice. The judicial assistant strives to substantively respond to all e-mail inquiries within one (1) business day. If the judicial assistant is unable to substantively respond within one (1) business day, your message will be acknowledged as received with an indication of • judicial assistant strives to substantively respond to all e-mail inquiries within one (1) business day. If the judicial assistant is unable to substantively respond within one (1) business day, your message will be acknowledged as received with an indication of when to expect a substantive response and alternate contact for •  Continuance Procedure: • A motion for continuance must be filed at least five (5) days prior to the scheduled court date. Continuances are disfavored and will be granted only upon good cause shown. Successive continuances •  Deadline for Submissions: • Courtesy copies must be submitted at least three (3) days prior to the scheduled hearing. • • The parties will exchange final exhibit lists of all photographs, documents and exhibits at least two (2) business days before the first day of the trial and will be limited thereby except for good cause. • presentation of their case, they are required to contact Charlotte County Court Administration IT Department at Charlottehelpdesk@ca.cjis20.org at least two (2) days prior to the commencement of trial. Do not assume technology is available without confirmation from our IT Department. • • Submission Deadlines: For Small Claims cases, all evidence must be provided to the other side at least ten (10) days prior to trial and a copy filed in the court file at least five (5) days prior to trial. It is the parties’ responsibility to ensure the Court can view any filings. Any photographs, • • Submission Deadlines: For Small Claims cases, all evidence must be provided to the other side at least ten (10) days prior to trial and a copy filed in the court file at least five (5) days prior to trial. It is the parties’ responsibility to ensure the Court can view any filings. Any photographs, audio, or video must be clear in the Court file, or a courtesy copy should • • Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five days prior to the scheduled court date, except for good cause shown. • Should a party or attorney wish to appear remotely at an otherwise “in-person” session, a Motion to Appear Remotely shall be filed within five (5) days of the hearing and a proposed order must be 3 • parties shall follow Fla. R. Gen. Prac. & Jud. Admin 2.530. The parties must Motion the Court with “reasonable” advanced notice allowing at least ten (10) days for any objections. The Motion/Notice shall be provided to all parties and shall include the specific form of communication technology to be used and • located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1771, 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, • payment of their own ZOOM fees (if any) and ensuring the hearing notice reflects the ZOOM attendance is planned with the confirmation information. If attending a hearing, you should log into ZOOM at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Also, please and remain quiet until your case is called. • advance. • In addition to the requisite good faith efforts to resolve a disputed issue prior to the filing of a motion, at least one day prior to any subsequently scheduled hearing, the party/attorney that noticed the hearing shall have an actual conversation with opposing party/attorney (in person or by telephone) to see if the matter can be resolved amicably. Should the matter resolve, a proper • appearance for docket sounding is mandatory. Lead counsel and any unrepresented party must attend in person. Parties must file notices of conflict at least seven (7) calendar days in advance of the docket sounding. At docket sounding, counsel and unrepresented parties must be prepared and • The movant may file a reply brief not to exceed 7 pages in length with pinpoint citations to the record within 10 days after service of the response. Any motion for a sur-reply is disfavored and should be made only in exceptional circumstances and with leave of the Court. • Courtesy Copies via Email – Digital Binders Parties may provide courtesy copies of documents they intend to use for the hearing. No later than five (5) days before the scheduled hearing, a courtesy copy in PDF format with bookmarks should be emailed to Chambers at Lee-Civil- DivisionI@ca.cjis20.org. In the email, please state the case number, identify the • Electronic Exhibit Binders At least one day before any trial or evidentiary hearing, each party must email or hand deliver an electronic exhibit binder to Judge Loukonen’s Chambers (Lee- Civil-DivisionI@ca.cjis20.org) that contains all individual exhibits and joint • • Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least three days prior to the scheduled court date. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial • Magistrate or last-minute withdrawal of such agreement, may be grounds for the assessment of fees and costs. No motions can be scheduled before the Magistrate within 90 days of the commencement of the trial period. All such motions must be heard by the Judge. • Motion to Compel discovery in a civil action may be submitted to the Court without a hearing if the moving party has complied with the following procedures: • The moving party must serve the Motion on the opposing party at least seven (7) days prior to submission of the Order to the Court. • The Motion must include the following: • discovery in an effort to secure the information or material without court action. - In the event that the non-moving party fails to provide the requested discovery, or fails to request an extension of time to respond to the discovery within seven (7) days of service of the Motion, the moving party may submit an order to the Court. - In entering the above Order, the Court may direct that the non-moving party comply with the • Motion, the moving party may submit an order to the Court. - In entering the above Order, the Court may direct that the non-moving party comply with the outstanding discovery request within fifteen (15) days or such other time, within the discretion of the Court. The Court may also, in its discretion, order the non-moving party to pay costs and/or attorney-fees if appropriate. • Motions to Cancel Foreclosure Sales: The Procedure: • You may submit a Stipulated Order to Cancel Foreclosure Sale (at least 24 hours before the sale date – on a business day) to Judge Mañalich. HOWEVER, a Stipulation does not guarantee that the Judge will cancel the sale. Stipulations that do not set forth good cause for • • If the Motion is not stipulated, a party seeking to cancel a foreclosure sale shall file and serve on all parties a Motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure. The Motion shall be noticed for hearing, with service on all parties, at least five (5) business days BEFORE the hearing. • The Clerk of Courts will not cancel any foreclosure sale without the entry of an order canceling • cancel a cross-noticed motion hearing without written consent of the parties/counsel. NOTE: IT TAKES THE CLERK’S OFFICE AT LEAST 48 HOURS TO PROCESS ANY FILED DOCUMENTS. • Motions, and Memoranda. You do not need to forward case law that is cited in your court filings. If you plan to rely on case law that is NOT cited in your court filings, you may mail in a hard copy 5 days prior to your hearing if you believe it is important for the Judge to read. Please forward proposed orders and judgments to the Judge’s Judicial Assistant AFTER the court proceeding, NOT before it. Please forward them through the e-portal in WORD format. • EXHIBITS TO BE USED IN ZOOM HEARINGS: • Please refer to Administrative Order 2.40. • You must provide paper copies to the Clerk’s Office 5 days prior to the court proceeding. All exhibits must be marked with an exhibit number or letter and you must provide an index. • You are required to forward to opposing counsel and any self-represented parties, copies of • COURT ORDERED CASE MANAGEMENT PLANS: Judge Mañalich will issue a Case Management Plan no later than 120 days after the commencement of an action. Said Plan will have dates for a Mandatory Status Conference, Pre- Trial Conference, Docket Sounding and a trial period. • Report in conformance with Rule 1.998 of the Rules of Civil Procedure. MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be submitted by mail at least seven (7) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11-inch paper, and shall also comply with the lettering and spacing • Practice and Judicial Administration 2.530 for non-criminal matters and Florida Rule of Criminal Procedure 3.116 for criminal matters. Requests for remote appearance must be made at least 24 hours before a hearing. • Continuance Procedure: Continuances are governed by Florida Rule of • and hear them. • Participants are encouraged to test Zoom before the hearing, including downloading the app at least one day before the hearing if using a tablet or phone. Click link to test Zoom: Http://zoom.us/test • arraignment judge will conduct a hearing at the conclusion of the arraignment docket. If the Public Defender has been appointed, a plea of not guilty will be entered and the defendant shall be instructed to contact the Public Defender’s office within ten (10) days to schedule an appointment to meet with the assigned attorney. • If the defendant intends to hire private counsel or is determined to be not indigent, the defendant will be advised by the State Attorney’s Office at the arraignment to promptly retain counsel and have that counsel file an appearance with the Clerk within ten (10) days. If the defendant intends to proceed pro se, the arraignment judge may conduct a Faretta hearing at the conclusion of the arraignment docket or set the hearing at another date and time on a motion or hearing docket of the • and Defense Counsel, if any, and the bondsman, if any. Not less than fifteen (15) days before the Case Management Conference, the State Attorney shall deliver or transmit to Defense Counsel, the following: • Party being represented If you do not receive conﬁrmation within 2 hours of placing your order and making payment, call (833) SCRIBES (727-4237)for assistance. • UNILATERAL SETTINGS If another party is non-responsive to your efforts to coordinate the scheduling of a hearing, and you have made at least 2 attempts, which attempts have been separated by at least 7 days, then you may request permission from the JA to have the matter scheduled unilaterally. If approved to do so, your Notice of Hearing should reflect that the matter was unilaterally scheduled with • * If your hearing is being conducted via Zoom, and you wish to present evidence, you will need to forward the evidence (generally photographs, documents and the like) to the Court at least 5 days before your hearing AND send an identical copy to each other party in the case. You may forward this by mail, email or filesharing link (e.g. Dropbox). • with a thumbprint from the Defendant. 25. The documenta�on for a plea in absen�a must be provided to the State no less than three days prior to the court appearance, so that the State may review and ascertain if it is in agreement to its form and substance. • • When will you hear back? o We try to respond to all questions within one business day. If we are unable to respond within one business day, we will let you know when to expect a response and alternate contact for • • When will you hear back? o We try to respond to all questions within one business day. If we are unable to respond within one business day, we will let you know when to expect a response and alternate contact for immediate assistance. • Zoom as agreed by the parties. o Objecting to Zoom or In-Person proceedings: You may file an objection in writing to the form of the hearing within 10 days of receiving the notice of hearing. The objection must state whether the other parties agree with the objection. When filing the • present evidence, you will need to file the evidence (generally photographs, documents and the like) with the Court at least five business days before your hearing, OR deliver an identical copy to each other party in the case and to the Court at least five business days before the hearing. • five business days before your hearing, OR deliver an identical copy to each other party in the case and to the Court at least five business days before the hearing. • Submission Method: o Exhibits should be submitted electronically via the Florida Courts • Circuit whose office is located at the Lee County Justice Center, 1700 Monroe St., Fort Myers, FL 33901, and whose telephone number is (239) 533-1771, 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 • Oversized Exhibits: Exhibits to be introduced which are larger than 8.5x11” may be used at trial, but shall be reduced. Reduced copies of exhibits will be retained by the Clerk, but oversized exhibits will be returned to counsel at the end of trial, unless otherwise directed by the Court. Any oversized items otherwise utilized as exhibits should be photographed and the photograph should be substituted for such items; the marked photograph should be provided at the close of the trial. Unless the Court permits otherwise, all exhibits shall be marked and exchanged at least five business days prior to Docket Sounding. Depositions: Original depositions may be filed with the Court Clerk during the trial, if they have not previously been e-filed. All depositions referred to during trial should be filed with the Clerk’s office or e-filed through the portal before the conclusion of the trial. • Depositions: Original depositions may be filed with the Court Clerk during the trial, if they have not previously been e-filed. All depositions referred to during trial should be filed with the Clerk’s office or e-filed through the portal before the conclusion of the trial. Courtroom Access/Set Up Prior To Trial: Please contact the Court Operations Facilities Department at 239-533-1771 or via courtoperationsfacilitieslee@ca.cjis20.org at least 3 days in advance to obtain access to the assigned courtroom if you have materials you would like to deliver prior to the start of trial. For Court Administration IT, please call 239-533-9105 Courtroom/ Deposition room Scheduling: COURTROOMREQUESTS-LEECOUNTY@CA.CJIS20.ORG *ADA Accommodations (7 days in advance or As Soon As Possible) https://www.ca.cjis20.org/Services/ADA/ • noticed to be heard prior to docket sounding may be deemed waived/withdrawn. All motions should be discussed between lead trial counsel by telephone, in person or by video-conference at least 48 hours prior to hearing.) • 16. DEPOSITION TRANSCRIPTS. Deposition designations must be made and discussed at least ten business days in advance of docket sounding. If the depositions or video depositions of witnesses will be used, are there stipulations as to which portions will be shown to the jury? • Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, 33901 and whose telephone number is (239) 533-1771, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing • NOTE: ANY PARTY REQUESTING JUDICIAL NOTICE MUST FOLLOW THE EVIDENCE CODE, Section 90.201-90.207, Florida Statutes. Do the Parties understand that the Court expects them to disclose the next day’s witnesses at the end of each court day? Yes No Trial Briefs are not required, however, do the parties understand that if you choose to submit them, courtesy copies must be emailed to Judge Pacheco at msouza@ca.cjis20.org at least three (3) business days before trial to allow adequate time for review? Yes No Have you reviewed and familiarized yourselves with Judge Pacheco’s Preferences and Procedures and Preferences for Jury Trial Exhibits, all of which can be found on Judge Pacheco’s page at https://www.ca.cjis20.org/About-The-Court/jud_profile.aspx?judge=pacheco Yes No • • Response to Inquiries: o We strive to respond to all inquiries within one business day. If we are unable to respond within one business day, we will let you know when to expect a response and provide alternate contact information • • Response to Inquiries: o We strive to respond to all inquiries within one business day. If we are unable to respond within one business day, we will let you know when to expect a response and provide alternate contact information for immediate assistance. • will read all timely filed relevant materials submitted in advance of the hearing. Please file all reply briefs or legal memoranda at least three business days before hearing. • Submission Deadlines: • • Submission Deadlines: o Must File Three Business Days Prior to Hearing. All reply briefs, legal memoranda, case law, or materials a party wishes the Court to consider for the hearing must be filed no later than three business • o If a Plaintiff appears to be entitled to Clerk’s default or final default judgment, but does not submit appropriate motions or proposed orders within 30 days, the Court may issue an order requiring Plaintiff to file disposition documents within 30 days. o If a Plaintiff in an eviction or unlawful detainer action for possession • judgment, but does not submit appropriate motions or proposed orders within 30 days, the Court may issue an order requiring Plaintiff to file disposition documents within 30 days. o If a Plaintiff in an eviction or unlawful detainer action for possession shows no activity for 30 days, the Court may issue an order • requiring a Plaintiff to confirm whether the Defendant remains in possession, and moving the case forward by filing disposition documents, within 30 days. 8 • o The Court strictly enforces Rule 1.170(j), requiring that Plaintiff makes service of the initial process and pleading on defendants within 120 days after filing of the initial pleading directed to that defendant. If Plaintiff fails to do so, the Court will order Plaintiff to effect service within 30 days of the order. Failure to do so will result • within 120 days after filing of the initial pleading directed to that defendant. If Plaintiff fails to do so, the Court will order Plaintiff to effect service within 30 days of the order. Failure to do so will result in the dismissal of the action without prejudice. • prior to the hearing. If possible, please send all documents in a single submission. If there are any pro se parties involved in your case, a copy of the pre-marked evidence shall be served on them, via US Mail, no later than ten (10) days prior to the hearing.  Please confer with all parties prior to the hearing to determine any stipulations as to the admission of evidence and documents. • • Deadline for Submissions: Courtesy copies must be electronically filed with the Clerk of the Court no later than three (3) business days before any evidentiary proceeding. F. EMERGENCY AND OTHER URGENT MATTERS • • Pre-Trial Motions: Absent good cause shown, all pre-trial motions must be filed no later than 2 days prior to the Calendar Call where the party announced “ready” for trial. The filing of “late motions” after this time period which cause the non-moving party to not be ready for trial, may result in the case being continued and the continuance charged against • copies of the jury instructions and verdict form(s): a set for opposing counsel, a set for the Court and a set for the Jury. The State should present a copy of their proposed jury instructions to opposing party at least one (1) day prior to the commencement of jury selection. Should the defense anticipate requesting any standard jury instructions not proposed by the State and not included within the State’s proposed jury instructions, the • J. ADA ACCOMMODATIONS: If ADA accommodations are required, please contact Court Administrative Service Manager, Jon Embury, within two (2) business days of the hearing at (941) 637-2281. • announce who you represent. • Participants are encouraged to test Zoom before the hearing, including downloading the app at least one day before the hearing if using a tablet or phone. Click link to test zoom: http://zoom.us/test • The Court will not provide technical support for Zoom participants or attendees. • Mandatory Meeting Before Trial: The attorneys for the parties are directed to meet together by agreement, initiated by counsel for the Petitioner, no later than 15 days before trial to: 1. Identify all exhibits and prepare a chronological exhibit list for use by the clerk and the Court at trial (actual exhibits and documentary evidence shall be available at this time). • Updated Financial Affidavits: Updated Financial Affidavits must be filed no later than 15 days prior to trial. Exhibits: • d. Your courtesy copy for the Court must be in paper format. Do not email your exhibits to the Judicial Assistant as we are unable to produce them in paper format. You must mail or hand-deliver the Court’s copy at least 5 business days in advance of a hearing or trial. STEPPARENT ADOPTIONS/ADOPTIONS OF ADULT: • ‭Requests to admit child hearsay under Florida Statute §90.803(23) must be made by‬ ‭motion and scheduled for hearing before a PTC or no later than 14 days before trial.‬ ‭The proponent must file and serve a Notice of Intent to Rely on the Hearsay Statement. The‬ • ‭The State must furnish the accused a written statement of the acts or offenses it intends to‬ ‭offer at trial, no fewer than‬‭10 days before trial‬‭. This notice is typically entitled "Notice of‬ ‭intent to offer similar fact evidence" or "Notice of intent to offer Williams Rule evidence".‬ • ‭A motion requesting the use of remote technology must be filed, heard, and granted at‬ ‭least five (5) business days before the court date. The corresponding Order must also be‬ ‭submitted to and executed by the Judge at least five (5) business days before the court‬ ‭date.‬ • ‭●‬ ‭File a notice of cancellation with notice to opposing counsel and the Judicial‬ ‭Assistant.‬ ‭●‬ ‭Contact the Judicial Assistant to cancel a hearing within seven (7) days of the‬ ‭hearing date.‬ • accompanied by a certificate of the movant’s counsel that the motion is made in good faith. 2. All Pretrial Motions must be filed and set for hearing at least 14 days before Trial. This timely filing is crucial to ensure the smooth progression of the trial process. • All pretrial motions, including motions to suppress or sever, must be filed and set for hearing before announcing ready for trial, and in no event less than 14 days before trial. If the case has been pending for more than 365 days, motions must be filed and set for hearing at • If the case has been pending for more than 365 days, motions must be filed and set for hearing at least 14 days before the next CMC or PTC. Sometimes counsel will wait until the last minute to file pretrial motions in old cases that have • set by the trial judge unless there is good cause for the delay or the state does not object. 4. Pretrial Objections to Audio or Video Evidence must be made at least 14 days Before Trial. • Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, FL 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are •  Continuance Procedure: • A motion for continuance must be filed at least five (5) days prior to the scheduled court date. Continuances are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due •  Deadline for Submissions: • Courtesy copies must be submitted at least three (5) days prior to the scheduled hearing. • • If the parties intend on utilizing the courtroom’s technology for presentation of their case, they are required to contact Charlotte County Court Administration IT Department at Charlottehelpdesk@ca.cjis20.org at least two (2) days prior to the commencement of trial. Do not assume technology is available without confirmation from our IT Department. • attend a hearing via ZOOM will be responsible for the payment of their own ZOOM fees (if any) and ensuring the hearing notice reflects the ZOOM attendance is planned. If attending a hearing, you should log into ZOOM at least five to ten minutes prior to the scheduled hearing time to ensure your timely appearance and to provide ample time to address connection problems, if any. Parties are to appear on screen with their name and case number. Also, please remain quiet until your case is called. • motions before the Senior Judge must be coordinated through Civil Case Management. The motion must be filed with the Clerk along with a copy e-mailed to LeeCircuitcivilcm@ca.cjis20.org. Civil Case Management will provide a hearing date within 3 business days of your request. The meeting ID is 682 771 4624. Use the following link to join from an electronic •  Please forward to the Judge’s office any documents that you would like Judge Shenko to review no later than 5 business days prior to the scheduled hearing.  Neither the Clerk’s Office nor the Judge’s Office will print documents longer than 20 • Motions and Motions in Limine, to Strike Witnesses, to Admit Child Hearsay and any others that are directed towards an evidentiary proceeding such as a Dependency or TPR trial, MUST be filed prior to Pre-Trial hearings for TPR trials and no later than 2 weeks before the first day of the trial period for Dependency Adjudicatory trials. Such Motions must be heard by the Court before the first day of the trial period on which the respective • TRIAL PROCEDURES  Attorneys MUST file Witness and Exhibit lists no later than 2 weeks prior to the first day of the trial period on which a respective case is scheduled. Except for the parents at issue, said Witness list must set forth the subject about which the witness is expected to testify • and if said Witness will be offering expert testimony.  Attorneys are expected to confer no later than 2 days BEFORE TRIAL and when possible, agree on admission of exhibits. • • Response to Inquiries: The judicial assistant is not authorized to provide legal advice. The judicial assistant strives to substantively respond to all e-mail inquiries within one (1) business day. If the judicial assistant is unable to substantively respond within one (1) business day is out of the office, your message will be acknowledged • Coordinator, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637- 2110, at least 7 days before your scheduled court appearance, or immediately on receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice • • Submission Deadlines: The court must receive all materials in paper form for the hearing no later than three business days before the hearing. • • Continuance Procedure: A request for continuance must be submitted at least five (5) days prior to the scheduled court date. Continuances are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of • • Deadline for Submissions: Proposed orders must be submitted within 10 days after any hearing. E. Courtesy Copies of Case Law and Other Documents • • Deadline for Submissions: Courtesy copies must be delivered to the court no later than three days before any evidentiary proceeding. • “in-person” session, a Motion to Appear Remotely shall be filed within five (5) days of the hearing and a proposed order must be provided to the Court through the eportal. o For evidentiary hearings, to request a remote appearance, the • COURTROOM TRIAL PROCEDURE • At least 5 days prior to the scheduled trail date, the parties/counsel shall contact Charlotte County Court Administration IT Support for any technology need or questions related to trial presentations at • • Hearing materials over 50 pages must be mailed or hand-delivered to the Court in hard copy at least 3 days prior to the scheduled hearing. • Statues, case law and any other legal authority should be highlighted and all • g) Other: Necessity of taking judicial notice: PENDING MOTIONS & MOTIONS IN LIMINE: (Motions not timely filed and noticed to be heard prior to docket sounding may be deemed waived/withdrawn. All motions should be discussed between lead trial counsel by telephone, in person or by video-conference at least 48 hours prior to hearing.) Settlement possibilities: Trial Date, Docket Sounding, and Conflicts. All parties and counsel must be ready to go to trial on day #1 of the trial period, regardless of position on the docket. The docket will proceed in the manner established at docket sounding – generally numerical order, unless time utilization can be enhanced or scheduling conflicts with other courts occur. In such instances, the sequencing of cases for trial may be adjusted by the Court. Prior to docket sounding, a notice of potential trial conflicts should be filed, including information for any other potentially conflicting case(s), including case style, case number, filing date, trial period, judge (with contact information/telephone number), whether such case has been continued previously or has been special set, etc. You are under obligation if/when you attend any pretrial conference and/or docket sounding for such other cases to advise the presiding judge of the pending trial of this case. LEAD TRIAL COUNSEL SHALL BE IN ATTENDANCE AT DOCKET SOUNDING. • Trial Date, Docket Sounding, and Conflicts. All parties and counsel must be ready to go to trial on day #1 of the trial period, regardless of position on the docket. The docket will proceed in the manner established at docket sounding – generally numerical order, unless time utilization can be enhanced or scheduling conflicts with other courts occur. In such instances, the sequencing of cases for trial may be adjusted by the Court. Prior to docket sounding, a notice of potential trial conflicts should be filed, including information for any other potentially conflicting case(s), including case style, case number, filing date, trial period, judge (with contact information/telephone number), whether such case has been continued previously or has been special set, etc. You are under obligation if/when you attend any pretrial conference and/or docket sounding for such other cases to advise the presiding judge of the pending trial of this case. LEAD TRIAL COUNSEL SHALL BE IN ATTENDANCE AT DOCKET SOUNDING. FABRE. Any Fabre defendant previously disclosed should be included on the proposed verdict form. DEPOSITION TRANSCRIPTS. Deposition designations must be made and discussed at least ten business days in advance of docket sounding. If the depositions or video depositions of witnesses will be used, are there stipulations as to which portions will be shown to the jury? YES NO If there are disagreements regarding the admissibility of any portion of a deposition transcript, such matters must be resolved prior to trial absent extraordinary circumstances. Any objections will be deemed waived if not addressed in advance. • NO If there are disagreements regarding the admissibility of any portion of a deposition transcript, such matters must be resolved prior to trial absent extraordinary circumstances. Any objections will be deemed waived if not addressed in advance. JURY INSTRUCTIONS & VERDICT FORM. Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding. All trial counsel and any pro-se parties are to meet in person or by video-conference at least 48 hours before docket sounding for this purpose. Any unresolved issues are subject to resolution at docket sounding or such other time as the Court may so designate. The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case. This paragraph shall not foreclose the right of each party to request modifications of the jury instructions and/or verdict form(s) based upon the evidentiary presentation at trial. Counsel/parties shall submit to the Court both an electronic version in Microsoft Word and a printed copy of the jury instructions and verdict form at docket sounding. Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion. EXHIBITS. Listed below are all proposed exhibits. ALL EXHIBITS SHALL BE MARKED AND EXCHANGED AT LEAST FIVE FULL BUSINESS DAYS PRIOR TO DOCKET SOUNDING. All composite exhibits shall be satisfactorily marked and bound before presentation to the Court. Exhibits to be introduced which are larger than 8 ½ x 11” may be used at trial, but if practicable, same shall be reduced to 8 ½ x 11”, and the reduced size copy shall be the exhibit retained by the Clerk in the court file. Oversized exhibits, if reduced, shall be returned to counsel for their retention at the end of the trial. COURT REPORTING/RECORD. The Court does not provide a Court Reporter. If a party wants a record of the proceedings, it is the responsibility of that party to arrange for such services sufficiently in advance of trial and at their own expense. • Circuit Court Judge AMERICANS WITH DISABILITIES ACT If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Brooke Dean, Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, 33901 and whose telephone number is (239) 533-1771, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing impaired, call 711. CERTIFICATE OF SERVICE Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, conformed copies have been mailed this ______day of _________, _____, to the following: • and noticed to be heard prior to docket sounding may be deemed waived/withdrawn. All motions should be discussed between lead trial counsel by telephone, in person or by video-conference at least 48 hours prior to hearing.) • fully discussed and submitted prior to docket sounding. All trial counsel and any pro-se parties are to meet in person or by video- conference at least 48 hours before docket sounding for this purpose. Any unresolved issues are subject to resolution at docket sounding or such other time as the Court may so designate. The submitted • matters referred by the Circuit Judges in the Civil Division (all CA cases). No motions can be scheduled before the Magistrate within 90 days of the commencement of the trial period. All such motions MUST be heard by the assigned Circuit Judge. • MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be RECEIVED BY THE MAGISTRATE’S OFFICE by (U.S. Regular Mail or Hand Delivered) at least five (5) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11 inch paper, and shall also comply with the lettering and spacing requirements of Rule. 9.210(9)(2), Rules of Appellate • Directions for ALL CIVIL (CA) Hearings Before the Civil Magistrate: - Effective Immediately: No motions can be scheduled before the Magistrate within 90 days of the commencement of the trial period. All such motions MUST be heard by the assigned Circuit Judge. • Please refer to Administrative Order 2.40  All exhibits must be RECEIVED BY THE MAGISTRATE’S OFFICE by (U.S. Regular Mail or Hand Delivered) via hard copy 5 days prior to your court proceeding. All exhibits must be marked with an exhibit number or letter and you must provide an index. • MEMORANDA: Written memoranda on lengthy or complex motions are not necessary but if supplied, they must be RECEIVED BY THE MAGISTRATE’S OFFICE by (U.S. Regular Mail or Hand Delivered) at least five (5) business days prior to the hearing. Memoranda or briefs to be considered by the Court for any hearing shall be limited to ten (10) pages in length on 8 1/2-by-11 inch paper, and shall also comply with the lettering and spacing requirements of Rule. 9.210(9)(2), • set of documents which consist only of pleadings in the court file. NOTE: It takes the Clerk’s Office at Least 48 Hours to process any filed documents. • 2. An Exhibit List and Witness List must be filed in the Court file. 3. For more than 10 Exhibits offered at the hearing. The parties must notify the Magistrate’s office at least 10 days in advance for a Clerk to be requested. 4. The parties shall meet to discuss the exhibits/evidence before the • 2. If there will be more than 10 Exhibits offered at the hearing (including both Petitioner and Respondent) the Party(ies) must notify the Magistrate’s office at least 10 days in advance so that a Clerk may be requested. • SUBMITTING ORDER OF REFERRAL AND NOTICE OF HEARING ORDERS OF REFERRAL MUST BE IN THE COURT FILE 10 DAYS PRIOR TO THE HEARING DATE. Once a date is confirmed by the Magistrate's office, an Order of Referral to Magistrate and Notice of Hearing (document links provided below) must be provided by the parties to the Magistrate's Assistant electronically via • Submit any prehearing supporting documents of 20 pages or more or any length document that contain color by hard copy to the mailroom at the attention of this office at least 2 days prior to hearing. Email the judicial assistant attachments of any black and white, prehearing supporting documents less than 20 pages. The judicial assistant will print and provide to the Magistrate prior to hearing. • Either party may file a motion to convert an in-person proceeding to a Zoom proceeding or to convert a Zoom proceeding to an in-person proceeding by filing the motion with the Clerk and forwarding a copy to the Court no later than 10 days prior to the hearing. The motion must state with specificity the grounds on which a party is requesting conversion. Failure to forward a copy of the motion to the Court on the same day it is filed will result in the denial of the • OATH TO SWEAR IN THE WITNESS AT THE WITNESS’S LOCATION. DOCUMENTATION TO SUPPORT THE INDIVIDUAL’S ABILITY TO ADMINISTER AN OATH (EX. NOTARY DOCUMENTAION) SHALL BE FILED IN THE COURT FILE 5 DAYS BEFORE THE TRIAL/HEARING.” • 17. DEPOSITION TRANSCRIPTS. Deposition designations must be made and discussed at least ten business days in advance of docket sounding. If the depositions or video depositions of witnesses will be used, are there stipulations as to which portions will be shown to the jury? • if reduced, shall be returned to counsel for their retention at the end of the trial. Parties must contact the Clerk of Court’s Office at 941- 637-2214 at least three (3) business days prior to trial to ensure that all exhibits will be properly marked prior to commencement of trial. • Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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 • Operations Division Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, 33901 and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing • in the absence of anything to the contrary, should email copies of any materials the participant intends to present to the court during the hearing to the court and opposing parties no later than 48 hours in advance of the hearing. 2.2. A court may allow a participant to share case law, documents, photos, or other • 3.2 DOCUMENT PROCEDURES 3.2.1. At least 7 calendar days in advance of an evidentiary hearing, the parties must exchange exhibit lists that specifically identify by Bates number potential exhibits to be used at the hearing. Within 5 calendar days in advance of the evidentiary hearing, the • 3.2.1. At least 7 calendar days in advance of an evidentiary hearing, the parties must exchange exhibit lists that specifically identify by Bates number potential exhibits to be used at the hearing. Within 5 calendar days in advance of the evidentiary hearing, the parties must meet and confer by telephone or video conference to stipulate to as much as practicable regarding authenticity and admissibility and to agree on the format and • (Updated 02-25-2021) 3.2.3. At least 2 calendar days before an evidentiary hearing, the parties shall file all evidence sought to be introduced pursuant to instructions provided by the court. The parties shall comply with the judge’s preferences and procedures, as well as any local • rules, regarding the form for marking exhibits and the means of submitting the exhibits to the court or clerk in advance of the hearing. The parties should seek to file all exhibits jointly, but in the absence of a joint filing, must file unilaterally at least 2 calendar days in advance. • 3.3 WITNESS PROCEDURES 3.3.1. At least 10 business days in advance of an evidentiary hearing, the parties shall exchange witness lists that include the witnesses’ names and, if known, email addresses and telephone numbers. The parties shall also identify any witness for whom an • required, and include the names of all interpreters on the witness list. Witness lists shall also be filed with the Court without the witnesses’ email addresses or phone numbers at least 10 business days in advance of an evidentiary hearing. 7 • Case Track Assignment: X Expedited Track (Case to be resolved within 12 months of filing): (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) _______ Standard Track (Case to be resolved within 18 months of filing): (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) • (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) _______ Standard Track (Case to be resolved within 18 months of filing): (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) _______ Complex Track (Case to be resolved within 2 years of filing): (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201) • certain assistance. Please contact Dawn Oliver, Administrative Services Manager, whose office is located at the Hendry County Courthouse, 25 E Hickpochee Ave., Labelle, FL 33935, and whose telephone number is (863)-675-5374, 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 PLACE AND TIME The hearing before the General Magistrate on these issues shall be held on: [DATE], 2019 at [TIME] a.m./p.m. at the Charlotte County Justice Center, 350 East Marion Avenue, 4th Floor, Punta Gorda, FL 33950. [LENGTH OF HEARING] (______) minutes have been reserved for this hearing. The time reserved for the hearing is to be split evenly by the parties. If either party requires additional time, that party must contact the Magistrate’s Assistant within 5 days of receipt of this Order. Counsel and/or Pro Se parties may contact the Administrative Office of the Courts, reception desk phone number 941-637-2281 no earlier than the Friday prior to hearing in order to find out the location of the courtroom where the hearing will be conducted. Any party wishing to object to the referral to the Magistrate must file a timely objection no later than the date of the scheduled hearing. The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall file a Report and Recommendation, that contains findings of fact, conclusions of law, the name of the court reporter. • The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall file a Report and Recommendation, that contains findings of fact, conclusions of law, the name of the court reporter. If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result in sanctions being imposed by the presiding Circuit Court Judge. REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE GENERAL MAGISTRATE SHALL BE BY EXCEPTIONS FILED WITHIN 10 DAYS AFTER IT IS SERVED, AS PROVIDED IN RULE 1.490(i), FLORIDA RULES OF CIVIL PROCEDURE. ANY PARTY MAY FILE CROSS-EXCEPTIONS WITHIN 5 DAYS FROM THE SERVICE OF THE EXCEPTIONS. IF NO EXCEPTIONS ARE TIMELY FILED, THE COURT SHALL TAKE APPROPRIATE ACTION ON THE REPORT. IF EXCEPTIONS ARE TIMELY FILED, THE COURT SHALL RESOLVE THE EXCEPTIONS AT A HEARING ON REASONABLE NOTICE. Any party filing exceptions will be required to provide the Court with a record sufficient to support the exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written transcript of the relevant proceedings. The record shall include the court file, designated portions of the transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the General Magistrate. The designated transcript portions must be delivered to the Court and all other parties at least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the proceeding before the General Magistrate prepared, that party must promptly file a notice designating the portions of the transcript that will be transcribed, and the other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider at the hearing. Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively, any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter is provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at that party’s expense, and may then have the recording transcribed, at that party’s expense. Providing the Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available on the Court’s website, www.ca.cjis20.org, or by calling the Court’s Electronic Court Reporting Department at 239-533-8207. • If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result in sanctions being imposed by the presiding Circuit Court Judge. REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE GENERAL MAGISTRATE SHALL BE BY EXCEPTIONS FILED WITHIN 10 DAYS AFTER IT IS SERVED, AS PROVIDED IN RULE 1.490(i), FLORIDA RULES OF CIVIL PROCEDURE. ANY PARTY MAY FILE CROSS-EXCEPTIONS WITHIN 5 DAYS FROM THE SERVICE OF THE EXCEPTIONS. IF NO EXCEPTIONS ARE TIMELY FILED, THE COURT SHALL TAKE APPROPRIATE ACTION ON THE REPORT. IF EXCEPTIONS ARE TIMELY FILED, THE COURT SHALL RESOLVE THE EXCEPTIONS AT A HEARING ON REASONABLE NOTICE. Any party filing exceptions will be required to provide the Court with a record sufficient to support the exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written transcript of the relevant proceedings. The record shall include the court file, designated portions of the transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the General Magistrate. The designated transcript portions must be delivered to the Court and all other parties at least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the proceeding before the General Magistrate prepared, that party must promptly file a notice designating the portions of the transcript that will be transcribed, and the other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider at the hearing. Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively, any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter is provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at that party’s expense, and may then have the recording transcribed, at that party’s expense. Providing the Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available on the Court’s website, www.ca.cjis20.org, or by calling the Court’s Electronic Court Reporting Department at 239-533-8207. DONE AND ORDERED in Chambers at Punta Gorda, Charlotte County, Florida. • Proper dress is required. Shorts, tank or halter tops, undershirts, and individuals wearing caps or hats are forbidden. The judges have the authority to ban persons not appropriately dressed from participating in the proceedings. AMERICANS WITH DISABILITIES ACT If you are a person with a disability who needs any accommodation in order to participate in this proceeding you are entitled, at no cost to you, to the provisions of certain assistance. Please contact Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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. [PLEASE REMOVE ANY RED DIRECTIVES BEFORE SUBMITTING AND REVIEW FORMATTING TO FIX ANY ODD, NATURAL PAGE BREAKS BY ADDING OR REMOVING ANY UNNECESSARY SPACES OR HARD RETURNS.] • appearance will not be allowed for evidentiary hearings or trials unless otherwise as indicated herein. Persons unable to participate through the Zoom teleconferencing app must inform the Court in writing electronically (via email) no later than 72 hours prior to the Zoom hearing. All attorneys and pro se litigants must contact the Judge’s office by e-mail no later than 2 weeks • electronically (via email) no later than 72 hours prior to the Zoom hearing. All attorneys and pro se litigants must contact the Judge’s office by e-mail no later than 2 weeks prior to their hearing to notify the Court’s Judicial Assistant of their e-mail address or telephone number. If a matter is scheduled for an appearance in less than 2 weeks time, contact with the Judge’s office must • responsible to provide the meeting code to clients, court reporters, witnesses, interpreters and all other individuals they wish to participate in the Zoom hearing. The Court will attempt to send Zoom hearing invitations to attorneys and pro se litigants no later than 24 hours prior to the hearing. If you do not receive a Zoom invitation at least 24 hours prior to the hearing, please contact the Court’s Judicial Assistant. • individuals they wish to participate in the Zoom hearing. The Court will attempt to send Zoom hearing invitations to attorneys and pro se litigants no later than 24 hours prior to the hearing. If you do not receive a Zoom invitation at least 24 hours prior to the hearing, please contact the Court’s Judicial Assistant. • If a participant is unable to download the Zoom app, the participant must contact the Judge’s office no later than 72 hours prior to the hearing to provide a phone number for the Court to call at the time of the hearing. Any participant requesting to appear by phone shall be available at the hearing time and for all time thereafter until contacted to allow for multiple hearings on the same meeting. • 1. Exhibits: All attorneys and pro se litigants are required to exchange exhibits with the opposing party no later than 10 days prior to the hearing/trial. In addition, no later than 10 days prior to the hearing/trial, the parties are required to confer for the purpose of stipulating, as much as practicable, to the authenticity and admissibility of any exhibit. If a party intends to present • Any party who objects to any exhibit being presented by an opposing party must file a written objection within 24 hours of the evidentiary conference as indicated above. If the Court determines that the objection cannot be addressed at the hearing/trial, the matter may be continued to resolve the issue. • 2. Witnesses: All attorneys and pro se litigants are required to exchange witness lists that include the witnesses’ names, email addresses, and telephone numbers no later than 10 days prior to the hearing/trial. • comply with the above requirements may result in the exclusion of evidence. 2. At least 5 business days before a hearing/trial, each counsel/party shall file with the clerk all demonstrative aids and evidence sought to be introduced. All exhibits must be pre-marked for identification and shall include an index listing all proposed exhibits with the exhibit numbers or • 1. In the event that an attorney or pro se litigant intends to present any physical exhibit which is incapable of being provided electronically, that attorney or pro se litigant must contact the Judge’s office no later than 1 week prior to the evidentiary hearing/trial in order to receive instructions on how such evidence will be presented at the hearing/trial and provided to the clerk. • 2. If a party intends to present physical exhibits which are incapable of being provided electronically, that party must provide a picture of the exhibit to the opposing party no later than 10 days prior to the hearing/trial. The 20th Judicial Circuit Court website contains the most up to date notices regarding the

Source of truth

is due each and every year on or before _(month)______, _(day)__, which represents 90 days following the last day of my anniversary month. For example, if I am appointed on January 1, my annual reports are due on or before April 30 each year. I understand that if I am a public or professional guardian, I must register annually with the Office of Public and Professional Guardians pursuant to F.S. §744.2002, and must comply with all requirements Florida Probate Rules and Part II of Chapter 744 of the Florida Statutes. I will not permanently relocate the Ward’s residence, to Lee County, Hendry County, Charlotte County, or Glades County locations (20th Judicial Circuit) without providing written notice to the Court, my attorney and the Court Guardianship Monitor within fifteen (15) days of the relocation. Written notice shall contain the reason for the relocation, how long and Ward will resi

Official source

Judge profile — Geoffrey H. Gentile (20th Circuit)

Source health

Healthy · checked July 24, 2026

Effective date

—

Last verified

July 24, 2026benchpath-completeness-2026-07-24

Reviewer note: Source sha256: e656a3432681d5c996ee6e734765d97ef25deaa629de75e2c97ee5478c1f2580, 1e3fbefba5abf8d53b4f02c06af66406660ae91dc9d19bbcbc5ee01741f58f72, 81e18be7e4e71e31f03acc746c7646ac56d3f10278aa5280652489c126d29aac, 0c6178293e47158cce9b1bfef8df67ef6ce9e7a22790856996987297f93fce07, 7fa9473f8d22dd380acba74dc979b3634209ae3745de4a52c5fa91298144ba57, ce0df61053017b11692f1dab21a6df337385a59ab2441adcd69bf7ff73fbe840, 50be5b18031fc9b3bed9398b71a23e038529e4fb5fac09a7207801b2bd8f76d3, 44752baf5fbf3815245454796f2349bf77fcd9aad7a7b9e7fae1102c6c20b0a9. Corpus categories: ADVANCE_DEADLINE. Published during the 2026-07-24 completeness pass.

Twentieth Cir. — ADVANCE_DEADLINE: Deadlines

Summary

Applies to

Requirement

Source of truth

Related rules

Summary Judgment Timing: 40 Days / 20 Days — Fla. R. Civ. P. 1.510

Computing Time — Fla. R. Gen. Prac. & Jud. Admin. 2.514

Set in 5 Days, Heard in 60 — or Deemed Abandoned — Division AG

Continuance Requests at Least 5 Days Before Court — Division T/KK2