Loading…
20 verbatim requirements from CV-E_Procedures for Setting Daubert Type Hearings.
Fourth Judicial Circuit (Duval, Clay, Nassau). Procedural information only; not legal advice.
Verbatim from https://www.jud4.org/getContentAsset/cc787211-0b35-4f0a-948b-c6c2eefb70d5/135b97c9-84fa-4e82-b956-0fbccec4aa1f/Procedures-for-Setting-Daubert-Type-Hearings.pdf?language=en, harvested 2026-07-25; whitespace normalised only. • Hearing time requested by Counsel for motions entitled “Daubert Motions”, matters related to Daubert or any other expert witness issues, or Motion(s) to Exclude Novel Opinion(s) of Expert(s) shall be treated as requests for a “Daubert Hearing” pursuant to Florida Statute • Hearings to determine the admissibility of opinion testimony by experts must be heard prior to the Pre-Trial Conference and can be time consuming. • However, the Court has discretion in whether a hearing is required and how to conduct any proceedings.3 The Court has the discretion to conduct a paper review only, a hearing with argument, an evidentiary hearing, or defer ruling until the time of trial. • Counsel for the parties shall familiarize themselves with all of the provisions of the Order Setting Case for Trial and Pre-Trial Conference and Requiring Matters to be • The Court shall consider the failure to do so a waiver.7 1 Daubert v. • A Daubert challenge shall not begin until a timely, proper, and facially sufficient motion is served. • Once timely raised, the Court as the gatekeeper “must determine whether the objection was sufficient to put opposing counsel on notice so as to have the opportunity to address any perceived defect in the expert’s testimony.”8 A proper Daubert motion must identify the source, substance, and methodology of the challenged testimony.9 If the motion is not supported by conflicting expert testimony and literature, the Court shall be justified in declining to hear the motion.10 “Daubert objections must be directed to specific opinion testimony and ‘state a basis for the objection beyond just stating [the party] was raising a • The expert must demonstrate knowledge “beyond the understanding of the average person.”12 A witness can be qualified as an expert by “knowledge, skill, experience, training, or education.” 13 b. • The Court, in performing its “gatekeeper” role of screening of such expert testimony, is required to analyze whether there is “too great an analytical gap between the data and the opinion proffered,”18 and may not accept opinion evidence that is connected to existing data only by the ipse dixit of the expert (i.e. “because I said so”).19 “‘Fit’ is not always obvious, and scientific validity for one purpose is not necessarily scientific validity for other, unrelated purposes.”20 8 See id.; • Daubert makes clear that the factors it mentions do not constitute a “definitive checklist or test.”22 The Daubert court emphasized that the “inquiry envisioned by Rule 702 is…a flexible one.”23 “It’s overarching subject is the scientific relevance and reliability-of the principles that underlie a proposed submission. • The focus, of course, must be on principles and methodology, not on the conclusions that they generate.”24 The U.S. • Counsel shall meet and confer pursuant to said “Meet and Confer” Requirements (Section III. • Exhibits “A” and “B” to “Division CV-E Policies and Procedures”) that the conference has occurred shall be included in the Notice of Hearing filed with the Court. • If the expert witness matter is not resolved at the meet and confer, the attorneys for the parties shall discuss and provide the Court the following basic information30 within a joint pre-evidentiary hearing stipulation31 for the Daubert hearing. a. a list of the experts that will be the subject of the hearing; b. a copy of the detailed resume or CV of each expert witness; c. the specific subject matter about which the witness is expected to testify; d. each opinion the expert is expected to provide at trial about which there is a challenge and for which a ruling is requested from this Court; e. the basis of each challenged opinion including the facts and data relied upon or that is absent; f. the principles and methodology used, or not utilized, to arrive at those challenged opinions; g. the peer review to which these methods have been subjected; and h. a good faith estimate be each party of the time each will need for their presentation as well as an estimate of the total amount of time needed for the entire hearing. • Counsel must prepare an appropriate proposed Order scheduling the evidentiary hearing on the • To facilitate this meet and confer process the parties must comply with Division CV-E Procedures for Scheduling and Hearing Motions Requiring • Each party shall provide the opposing counsel and file with the Court a list of any witnesses expected to be called at the Daubert hearing, including the challenged expert, and a short summary of their expected testimony and relevance to the expert witness issue(s) before the • Counsel shall comply with the governing provisions of the “Division CV-E • Counsel shall comply with the provisions of Sections III I. and J. of the “Division • The attorney preparing the proposed order, and all other counsel, shall comply with the provisions of Section XXII of the “Division CV-E Policies and
Hearing time requested by Counsel for motions entitled “Daubert Motions”, matters related to Daubert or any other expert witness issues, or Motion(s) to Exclude Novel Opinion(s) of Expert(s) shall be treated as requests for a “Daubert Hearing” pursuant to Florida Statute
Reviewer note: Document sha256: 46f8ff2b7230d791db98b0ed9367853486a7a67eb95d013625a8f77b7568169b. Extracted from the document's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.