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43 verbatim requirements on exhibits & evidence.
Eighth Judicial Circuit — DIVISION/CIRCUIT-WIDE - Civil only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. • AO 3.01(v4) Page A-iii Pretrial Orders Effective: August 9, 2019 Order Scheduling Pretrial Conference and Jury Trial retained experts, from whom a party expects to elicit opinion testimony regarding standard of care, c ausation, or any matter beyond the scope of a fact witness, shall also be identified as such. 5. EXHIBITS: No later than thirty (30) days before the Pretrial Conference, each party shall file and serve a schedule of all exhibits and documentary evidence that the party will offer during trial. 6. EXCLUSION OF EVIDENCE : No witnesses, documents, exhibits, experts or other evidence shall be permitted to testify or be admitted into evidence if not disclosed as required by the foregoing schedule, except by consent of the parties or order of the Court. 7. MEDIATION: The attorneys and parties will schedule , conduct, and conclude mediation on or before . 8. DISCOVERY: ALL DISCOVERY PROCEDURES ALLOWED BY THE FLORIDA RULES OF CIVIL PROCEDURE, INCLUDING THE TAKING OF ALL DEPOSITIONS FOR USE AT TRIAL, SHALL BE COMPLETED NO LATER THAN THIRTY (30) DAYS BEFORE THE PRETRIAL CONFERENCE. 9. ADMISSIBILITY CONFERENCE : No later than ten (10) days before the Pretrial Conference, the parties shall me et and exhibit to each other all documentary and tangible evidence, exhibits and visual aids to be used at trial, and shall specifically designate all portions of depositions intended to be offered or used at trial, and shall make a good faith effort to stipulate in writing as to the admissibility and use thereof. Stipulations may be conditioned on a showing at trial of such things as authenticity, relevance, foundation, and other predicates for admissibility. • AO 3.01(v4) Page A-iv Pretrial Orders Effective: August 9, 2019 Order Scheduling Pretrial Conference and Jury Trial 10. PLAINTIFF’S PRETRIAL STATEMENT : No late r than seven (7) days before the Pretrial Conference, Plaintiff(s) shall file and serve on all parties , and deliver a copy to the undersigned judge, a Pretrial Statement setting forth the following: (a) A short statement of the case and the facts on which Plaintiff bases the cause(s) of action; (b) An itemized statement of the special damages Plaintiff expects to prove; (c) If the Defendant has filed a counterclaim, Plaintiff will comply with Defendant's instructions 11(a) and 11(b); (d) A schedule of al l exhibits and documentary evidence Plaintiff will offer during the trial; (e) A complete list of witnesses to be used at trial, together with their current addresses and current telephone numbers; (f) All stipulations regarding the authenticity, admissi bility and use of exhibits and visual aids; (g) A memorandum of law particularly applicable to this case, with copies of cited authority; (h) Plaintiff's proposed jury instructions and verdict form. 11. DEFENDANT’S PRETRIAL STATEMENT : No later than seven (7) days before the Pretrial Conference, Defendant(s) shall file and serve a copy on all parties, and deliver a copy to the undersigned judge, a Pretrial Compliance setting forth the following: (a) A statement of the facts constituting Plaintiff's cause(s) of action, including damages, which Defendant will admit; (b) If Defendant has filed affirmative defenses, a statement of the facts on which Defendant bases such defenses; (c) If Defendant has filed a counterclaim or cross -claim, Defendant will comply with Plaintiff's instructions 10(a) and 10(b); • AO 3.01(v4) Page A-v Pretrial Orders Effective: August 9, 2019 Order Scheduling Pretrial Conference and Jury Trial (d) A schedule of all exhibits an d documentary evidence Defendant will offer during the trial; (e) A complete list of witnesses to be used at trial, together with their current addresses and current telephone numbers; (f) All stipulations regarding the authenticity, admissibility and use of exhibits and visual aids; (g) A memorandum of law particularly applicable to this case, with copies of cited authority; (h) Defendant's proposed jury instructions and verdict form. 12. MOTIONS: ALL MOTIONS MUST BE FILED AND HEARD PRIOR TO THE PRETRIAL CONFERENCE, INCLUDING, TO THE EXTENT PRACTICABLE, ALL MOTIONS IN LIMINE , OBJECTIONS TO DEPOSITIONS AND EXHIBITS, AND DAUBERT MOTIONS. Motions filed after the Pretrial Conference will not be considered if they are based on any matter known to the movant at the time of the Pretrial Conference or of which the movant could have known at that time through the exercise of reasonable diligence. 13. SETTLEMENT CONFERENCE: Within forty-eight (48) hours immediately before the Pretrial Conference, the parties shall meet or communicate via telephone and conduct good - faith settlement negotiations 14. OBJECTIONS TO EXHIBITS : At the Pretrial Conference, the parties shal l be fully prepared to advise the Court of the precise objection, if any, to each of the opposing party’s exhibits. 15. COMPLIANCE WITH SCHEDULE: The times for compliance with the schedule stated in this Order may be extended only for good cause shown upon timely application. • AO 3.01(v4) Page A-vi Pretrial Orders Effective: August 9, 2019 Order Scheduling Pretrial Conference and Jury Trial 16. TIME LIMIT FOR TRIAL : The time limits provided in this Order may be extended only for good cause shown upon timely application. 17. CANCELLATION: The trial shall not be canceled or postponed without a prior order of the Court for good cause shown. E ach party shall notify the Court immediately in the event the trial should be canceled because the case has settled. In order to cancel the trial, the Court may require the parties to submit a written acknowledgment of their settlement agreement, or to appear on the scheduled trial date and announce their settlement on the record. 18. BINDING EFFECT OF THIS ORDER : During trial, the parties will be bound in all particulars by this Order and the Pretrial Order to be entered follo wing the Pretrial Conference. Before being offered or used at trial , all depositions and exhibits shall be redacted or edited according to rulings made by the Court, including elimination of superfluous matter. 19. SANCTIONS: The failure of a party or a n attorney to comply with this Order shall subject that party or attorney to such sanctions as the Court shall determine to be just and proper under the circumstances , such as the sanctions provided for in Rule 1.200(c), Florida Rules of Civil Procedure. ORDERED in County, Florida, on . __________________________________ Circuit Judge I HEREBY CERTIFY that copies have been furnished by electronic transmission and/ or U.S. Mail to the following parties this day of , 201 . __________________________________ Judicial Assistant • AO 3.01 (v4) Page B-ii Pretrial Orders Effective: August 9, 2019 Pretrial Order Plaintiff shall have peremptory challenges and Defendant shall have peremptory challenges during selection of the principal jurors . Each party shall have peremptory challenges during selection of the alternate jurors. 4. ISSUES FOR TRIAL: [Recite the parties’ basic contentions with respect to the issues to be tried to include, for example, claims such as negligence, comparative negligenc e, breach of contract, other affirmative defenses, counterclaims, etc.] 5. STATEMENT OF THE CASE : The parties shall agree upon and submit to the Court , by noon on , a concise and neutral statement of the case which will be read to the prospective jurors by the judge at the beginning of jury selection. 6. EVIDENTIARY STIPULATIONS : [ For example, authenticity and waiver of need for records custodians, all medical records, etc.] 7. (Optional) AUTHENTICATION: All documentary evidence whi ch has been disclosed in accordance with the Order Scheduling Pretrial Conference and Jury Trial is deemed to be authentic, and no witness is required for authentication. 8. RULINGS ON MOTIONS IN LIMINE, OBJECTIONS TO DEPOSITIONS, ETC. : [Examples: All Mo tions in Limine were previously ruled upon/ The Motions in Limine that are currently pending were not timely set for hearing and may/may not be addressed by the trial judge if time permits.] 9. PRE-MARKING OF EXHIBITS : The parties shall pre -mark all exh ibits. Those exhibits which the parties agree are admissible shall be marked numerically in the anticipated order in which they will be introduced. Those exhibits which the parties do not agree are admissible shall be marked alphabetically for identificati on only. Lists of each party’s agreed exhibits “in • AO 3.01 (v4) Page B-iii Pretrial Orders Effective: August 9, 2019 Pretrial Order evidence” and exhibits marked “for identification only” shall be given to the clerk at the commencement of trial. 10. (Optional, if parties have been granted leave to submit after Pretrial Conference ): JURY INSTRUCTIONS: No later than each party shall submit proposed jury instructions and verdict forms to the Court and to all other parties, if they have not already done so. 11. ( Optional, if parties have been granted leave to do so after Pretrial Conference ): DEPOSITION TESTIMONY: Prior to the first day of the trial, the parties shall disclose to each other all deposition testimony, including page and line, which is intended to be read or shown to the jury, and all objections thereto shall be heard either before or after the ho urs when the jury is present. 12. WITNESSES: Prior to the first day of the trial, and at the end of each day of the trial, the appropriate party shall announce to the Court and to the opposing party the names of the witnesses who will be called to testify on the first or next day of the trial. 13. DOCUMENTS, ETC.: Prior to the first day of the trial, and at the end of each day of the trial, the appropriate party shall announce to the Court and to the opposing party the documents and other tangible evi dence which will be offered into evidence on the first or next day of the trial. 14. JUROR QUESTIONS AND NOTE TAKING : The jurors will/will not [select one ] be permitted to take notes during the course of the trial, and the appropriate instruction will b e given to them by the Court. [ Optional: In addition, t he parties agree that the jurors will not be invited to submit questions during the trial.] • AO 3.01(v3) Page A-iii Pretrial Orders Effective: November 8, 2018 Order Scheduling Pretrial Conference and Jury Trial retained experts, from whom a party expects to elicit opinion testimony regarding standard of care, c ausation, or any matter beyond the scope of a fact witness, shall also be identified as such. 5. EXHIBITS: No later than thirty (30) days before the Pretrial Conference, each party shall file and serve a schedule of all exhibits and documentary evidence that the party will offer during trial. 6. EXCLUSION OF EVIDENCE : No witnesses, documents, exhibits, experts or other evidence shall be permitted to testify or be admitted into evidence if not disclosed as required by the foregoing schedule, except by consent of the parties or order of the Court. 7. MEDIATION: The attorneys and parties will schedule , conduct, and conclude mediation on or before _________. 8. DISCOVERY: ALL DISCOVERY PROCEDURES ALLOWED BY THE FLORIDA RULES OF CIVIL PROCEDURE, INCLUDING THE TAKING OF ALL DEPOSITIONS FOR USE AT TRIAL, SHALL BE COMPLETED NO LATER THAN THIRTY (30) DAYS BEFORE THE PRETRIAL CONFERENCE. 9. ADMISSIBILITY CONFERENCE : No later than ten (10) days before the Pretrial Conference, the parties shall me et and exhibit to each other all documentary and tangible evidence, exhibits and visual aids to be used at trial, and shall specifically designate all portions of depositions intended to be offered or used at trial, and shall make a good faith effort to stipulate in writing as to the admissibility and use thereof. Stipulations may be conditioned on a showing at trial of such things as authenticity, relevance, foundation, and other predicates for admissibility. • AO 3.01(v3) Page A-iv Pretrial Orders Effective: November 8, 2018 Order Scheduling Pretrial Conference and Jury Trial 10. PLAINTIFF’S PRETRIAL STATEMENT : No late r than seven (7) days before the Pretrial Conference, Plaintiff(s) shall file and serve on all parties , and deliver a copy to the undersigned judge, a Pretrial Statement setting forth the following: (a) A short statement of the case and the facts on which Plaintiff bases the cause(s) of action; (b) An itemized statement of the special damages Plaintiff expects to prove; (c) If the Defendant has filed a counterclaim, Plaintiff will comply with Defendant's instructions 11(a) and 11(b); (d) A schedule of al l exhibits and documentary evidence Plaintiff will offer during the trial; (e) A complete list of witnesses to be used at trial, together with their current addresses and current telephone numbers; (f) All stipulations regarding the authenticity, admissi bility and use of exhibits and visual aids; (g) A memorandum of law particularly applicable to this case, with copies of cited authority; (h) Plaintiff's proposed jury instructions and verdict form. 11. DEFENDANT’S PRETRIAL STATEMENT : No later than seven (7) days before the Pretrial Conference, Defendant(s) shall file and serve a copy on all parties, and deliver a copy to the undersigned judge, a Pretrial Compliance setting forth the following: (a) A statement of the facts constituting Plaintiff's cause(s) of action, including damages, which Defendant will admit; (b) If Defendant has filed affirmative defenses, a statement of the facts on which Defendant bases such defenses; (c) If Defendant has filed a counterclaim or cross -claim, Defendant will comply with Plaintiff's instructions 10(a) and 10(b); • AO 3.01(v3) Page A-v Pretrial Orders Effective: November 8, 2018 Order Scheduling Pretrial Conference and Jury Trial (d) A schedule of all exhibits an d documentary evidence Defendant will offer during the trial; (e) A complete list of witnesses to be used at trial, together with their current addresses and current telephone numbers; (f) All stipulations regarding the authenticity, admissibility and use of exhibits and visual aids; (g) A memorandum of law particularly applicable to this case, with copies of cited authority; (h) Defendant's proposed jury instructions and verdict form. 12. MOTIONS: ALL MOTIONS MUST BE FILED AND HEARD PRIOR TO THE PRETRIAL CONFERENCE, INCLUDING, TO THE EXTENT PRACTICABLE, ALL MOTIONS IN LIMINE , OBJECTIONS TO DEPOSITIONS AND EXHIBITS, AND FRYE MOTIONS. Motions filed after the Pretrial Conference will not be considered if they are based on any matter known to the movant at the time of the Pretrial Conference or of which the movant could have known at that time through the exercise of reasonable diligence. 13. SETTLEMENT CONFERENCE: Within forty-eight (48) hours immediately before the Pretrial Conference, the parties shall meet or communicate via telephone and conduct good - faith settlement negotiations 14. OBJECTIONS TO EXHIBITS : At the Pretrial Conference, the parties shall b e fully prepared to advise the Court of the precise objection, if any, to each of the opposing party’s exhibits. 15. COMPLIANCE WITH SCHEDULE: The times for compliance with the schedule stated in this Order may be extended only for good cause shown upon timely application. • AO 3.01(v3) Page A-vi Pretrial Orders Effective: November 8, 2018 Order Scheduling Pretrial Conference and Jury Trial 16. TIME LIMIT FOR TRIAL : The time limits provided in this Order may be extended only for good cause shown upon timely application. 17. CANCELLATION: The trial shall not be canceled or postponed without a prior order of the Court for good cause shown. E ach party shall notify the Court immediately in the event the trial should be canceled because the case has settled. In order to cancel the trial, the Court may require the parties to submit a written acknowledgment of their settlement agreement, or to appear on the scheduled trial date and announce their settlement on the record. 18. BINDING EFFECT OF THIS ORDER : During trial, the parties will be bound in all particulars by this Order and the Pretrial Order to be entered followin g the Pretrial Conference. Before being offered or used at trial , all depositions and exhibits shall be redacted or edited according to rulings made by the Court, including elimination of superfluous matter. 19. SANCTIONS: The failure of a party or an a ttorney to comply with this Order shall subject that party or attorney to such sanctions as the Court shall determine to be just and proper under the circumstances , such as the sanctions provided for in Rule 1.200(c), Florida Rules of Civil Procedure. ORDERED in ______ County, Florida, on _______. __________________________________ Circuit Judge I HEREBY CERTIFY that copies have been furnished by electronic transmission and/ or U.S. Mail to the following parties this ______ day of _______, 201____. __________________________________ Judicial Assistant • AO 3.01 (v3) Page B-ii Pretrial Orders Effective: November 8, 2018 Pretrial Order Plaintiff shall have _____ peremptory challenges and Defendant shall have _____ peremptory challenges during selection of the principal jurors . Each party shall have _____ peremptory challenges during selection of the alternate jurors. 4. ISSUES FOR TRIAL: [Recite the parties’ basic contentions with respect to the issues to be tried to include, for example, claims such as negligence, comparative negligence, breach of contract, other affirmative defenses, counterclaims, etc.] 5. STATEMENT OF THE CASE : The parties shall agree upon and submit to the Court , by noon on _____, a concise and neutral statement of the case which will be read to the prospective jurors by the judge at the beginning of jury selection. 6. EVIDENTIARY STIPULATIONS : [ For example, authenticity and waiver of need for records custodians, all medical records, etc.] 7. (Optional) AUTHENTICATION: All documentary evidence which has been disclosed in accordance with the Order Scheduling Pretrial Conference and Jury Trial is deemed to be authentic, and no witness is required for authentication. 8. RULINGS ON MOTIONS IN LIMINE, OBJECTIONS TO DEPOSITIONS, ETC. : [Examples: All Motio ns in Limine were previously ruled upon/ The Motions in Limine that are currently pending were not timely set for hearing and may/may not be addressed by the trial judge if time permits.] 9. PRE-MARKING OF EXHIBITS : The parties shall pre -mark all exhibi ts. Those exhibits which the parties agree are admissible shall be marked numerically in the anticipated order in which they will be introduced. Those exhibits which the parties do not agree are admissible shall be marked alphabetically for identification only. Lists of each party’s agreed exhibits “in • AO 3.01 (v3) Page B-iii Pretrial Orders Effective: November 8, 2018 Pretrial Order evidence” and exhibits marked “for identification only” shall be given to the clerk at the commencement of trial. 10. (Optional, if parties have been granted leave to submit after Pretrial Conference ): JURY INSTRUCTIONS: No later than _____ each party shall submit proposed jury instructions and verdict forms to the Court and to all other parties, if they have not already done so. 11. ( Optional, if parties have been granted leave to do so after Pretrial Conference ): DEPOSITION TESTIMONY: Prior to the first day of the trial, the parties shall disclose to each other all deposition testimony, including page and line, which is intended to be read or shown to the jury, and all objections thereto shall be heard either before or after the ho urs when the jury is present. 12. WITNESSES: Prior to the first day of the trial, and at the end of each day of the trial, the appropriate party shall announce to the Court and to the opposing party the names of the witnesses who will be called to testify on the first or next day of the trial. 13. DOCUMENTS, ETC.: Prior to the first day of the trial, and at the end of each day of the trial, the appropriate party shall announce to the Court and to the opposing party the documents and other tangible evi dence which will be offered into evidence on the first or next day of the trial. 14. JUROR QUESTIONS AND NOTE TAKING : The jurors will/will not [select one ] be permitted to take notes during the course of the trial, and the appropriate instruction will b e given to them by the Court. [ Optional: In addition, t he parties agree that the jurors will not be invited to submit questions during the trial.] • AO 3.06 (v2) Page 1 Retention of Original Documents Filed in Civil Cases Effective: May 22, 2024 THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 3.06 RETENTION OF DOCUMENTS FILED IN CIVIL CASES In order to ensure that certain documents filed in civil cases are retained by the Clerk of Court in all counties within the Eighth Judicial Circuit; and WHEREAS, Florida Rule of Judicial Administration 2.525(c)(7) states that unless the Clerk is required to maintain a paper document, if the paper document has been converted to an electronic document by the Clerk, the paper document is no longer part of the official court file and may be removed and recycled; and WHEREAS, Florida Rule of Judicial Administration 2.430(b)(1) states that court records, except exhibits, that have been permanently recorded may be destroyed or otherwise disposed of by the Clerk at any time after a judgment has become final; and WHEREAS, Florida Rule of Judicial Administration 2.430(b)(2) states that any physical media submitted to the Clerk for the purpose of filing information contained in the media may be destroyed, retained, or otherwise disposed of by the Clerk once the contents of the media have been made a part of the court record; now, it is therefore ORDERED that: The Clerks of Court in the Eighth Judicial Circuit must retain all mortgages, notes, and lost note bonds filed in civil cases. The Clerk shall not destroy, return, or send any of these instruments to any person absent a specific order by the Court, unless otherwise provided in this order. Such documents may be disposed in the same manner as other filings 90 days after the property is sold or the appeal, if any, is finalized , after providing notice to the Plaintiff. If the Plaintiff requests the return of these documents, the Clerk may return them without further order of the Court. ORDERED ON this _______ day of May, 2024. Mark W. Moseley, Chief Judge 22nd • 2 of 83 Whereas, the Supreme Court of Florida has determin ed that mandatory mediation of homestead residential mortgage foreclosure actions prior to the matter being set for final hearing will facilitate the laudable goals of communication, facilitation, problem-solving between the parties with the emphasis on self- determination, the parties’ needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality. Referring these cases to mediation will also facilitate and provide a more efficient use of limited judicial and clerk resources in a court system that is already overburdened; and Whereas, the American Arbitration Association is a n independent, nonpartisan, nonprofit organization that has demonstrable ability to assist the courts with managing the large number of residential mortgage foreclosure actions that recently have been filed in the Eighth Judicial Circuit; and Whereas, the Eighth Judicial Circuit and the American Arbitration Association have entered into an Agreement for the purpose of achieving the goals of the Florida Supreme Court as described in AOSC09-54 and the goal of the Eighth Judicial Circuit to incorporate local resources to the fullest extent possible during implementation of this Order, including but not limited to: recruiting, training, certifying and assigning local mediators and staff from the Eighth Judicial Circuit; incorporating local resources of the Eighth Judicial Circuit; providing local or telephonic foreclosure counseling to reduce a transportation barrier that may prevent a borrower’s attendance; and scheduling and holding mediations in the county in the Circuit in which the borrower resides , with mediations to be held in each of the six counties of the Circuit to facilitate ease of attendance for the borrower. NOW, THEREFORE, IT IS ORDERED: Definitions As used in this Administrative Order, the followin g terms mean: “RMFM Program” (Residential Mortgage Foreclosure M ediation Program) means the mediation program managed by the American Arbitration Association to implement and carry out the intent of this Administrative Order. “The Program Manager” means the American Arbitrati on Association, qualified in accordance with parameters attached as Exhibit 13. Also referred to as the “Mediation Manager.” • 3 of 83 “Plaintiff” means the individual or entity filing to obtain a mortgage foreclosure on residential property. “Plaintiff’s representative” means the person who will appear at mediation who has full authority to settle without further consultation and resolve the foreclosure suit. “Borrower” means an individual named as a party in the foreclosure action who is a primary obligor on the promissory note which is secured by the mortgage being foreclosed. “Homestead residence” means a residential property for which a homestead real estate tax exemption was granted according to the certified rolls of the last assessment by the county property appraiser prior to the filing of the suit to foreclose the mortgage. “Form A” means the certifications required herein in the format of Exhibit 1 attached. “Plaintiff’s Disclosure for Mediation” means those documents requested by the borrower pursuant to paragraph 7 below. “Borrower’s Financial Disclosure for Mediation” me ans those documents described in Exhibit 5 attached. “Foreclosure counselor” means a counselor trained in advising persons of options available when facing a mortgage foreclosure, who has no criminal history of committing a felony or a crime of dishonesty, and who is certified by the United States Department of Housing and Urban Development (HUD) or National Foreclosure Mitigation Counseling Program (NFMC) as an agency experienced in mortgage delinquency and default resolution counseling. “Communication equipment” means a conference telephone or other electronic device that permits all those appearing or participating to hear and speak to each other, provided that all conversation of the participants is audible to all persons present. • 4 of 83 Scope 1. Residential Mortgage Foreclosures (Origination Subject to TILA). This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the Eighth Judicial Circuit in which the origination of the note and mortgage sued upon was subject to the provisions of the federal Truth in Lending Act, Regulation Z. However, compliance with this Administrative Order varies depending on whether the property secured by the mortgage is a homestead residence. Upon the effective date of this Administrative Order, all newly filed mortgage foreclosure actions filed against a homestead residence shall be referred to the RMFM Program unless the plaintiff and borrower agree in writing otherwise or unless pre-suit mediation was conducted in accordance to paragraph 23. The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Administrative Order. In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless the plaintiff and borrower agree in writing not to participate in the RMFM Program or the Program Manager files a notice of borrower nonparticipation. Upon the effective date of this Administrative Order, all newly filed residential mortgage foreclosure actions involving property that is not a homestead residence shall comply with the requirements of filing a Form A as required by paragraph 5 below and the requirements of paragraph 18 below (plaintiff’s certification as to settlement authority). At the discretion of the presiding judge, compliance with this Administrative Order may also be required for homestead residential mortgage foreclosure actions filed prior to the effective date of this Administrative Order, to residences which are not homestead residences, and any other residential foreclosure action the presiding judge deems appropriate. A party requesting that the case be sent to mediation with the RMFM Program at the discretion of the presiding judge shall make the request in format of Exhibit 3 attached. 2. Referral to Mediation. This Administrative Order constitutes a formal referral to mediation pursuant to the Florida Rules of Civil Procedure in actions involving a mortgage foreclosure of a homestead residence. The plaintiff and borrower are deemed to have stipulated to mediation by a • 5 of 83 mediator assigned by the Program Manager unless pursuant to rule 1.720(f), Florida Rules of Civil Procedure, the plaintiff and borrower file a written stipulation choosing not to participate in the RMFM Program. Referral to the RMFM Program is for administration and management of the mediation process and assignment of a Florida Supreme Court certified circuit civil mediator who has been trained in mediating residential mortgage foreclosure actions and who has agreed to be on the panel of available certified circuit civil mediators. Mediators used in the RMFM Program shall be trained in accordance with the standards stated in Exhibit 12 attached. Mediation through the RMFM Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida Rules for Certified and Court- Appointed Mediators. 3. Compliance Prior to Judgment. The parties must comply with this Administrative Order and the mediation process must be completed before the plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a notice of nonparticipation is filed by the Program Manager. 4. Delivery of Notice of RMFM Program with Summons. After the effective date of this Administrative Order, in all actions to foreclose a mortgage on residential property the clerk of court shall include with the summons to be served on each defendant a notice regarding managed mediation for homestead residences in the format of Exhibit 2 attached. The Program Manager shall provide to each clerk of court a sufficient number of copies of the notice to effectuate this paragraph. Procedure 5. Responsibilities of Plaintiff’s Counsel; Form A. When suit is filed, counsel for the plaintiff must file a completed Form A with the clerk of court. If the property is a homestead residence, all certifications in Form A must be filled out completely. Within one business day after Form A is filed with the clerk of court, counsel for plaintiff shall also electronically transmit a copy of Form A to the Program Manager along with the case number of the action and contact information for all of the parties. The contact information must include at a minimum the last known mailing address and phone number for each party. • 8 of 83 A history showing the application of all payments by the borrower during the life of the loan. A statement of the plaintiff’s position on the present net value of the mortgage loan. The most current appraisal of the property available to the plaintiff. The borrower must deliver a written request for such information to the Program Manager in the format of Exhibit 6 attached prior to the mediation session. The Program Manager shall promptly electronically transmit the request for information to plaintiff’s counsel. Plaintiff’s counsel is responsible for ensuring that the Plaintiff’s Disclosure for Mediation is electronically transmitted via a secure dedicated e-mail address or to the web-enabled information platform described in paragraph 8 below no later than three (3) business days before the mediation session. The Program Manager shall immediately deliver a copy of Plaintiff’s Disclosure for Mediation to the borrower. 8. Information to Be Provided on Web-Enabled Information Platform. All information to be provided to the Program Manager to advance the mediation process, such as Form A, Borrower’s Financial Disclosure for Mediation, Plaintiff’s Disclosure for Mediation, as well as the case number of the action and contact information for the parties, shall be submitted via a secure dedicated e-mail address or in a web-enabled information platform with XML data elements. 9. Nonparticipation by Borrower. If the borrower does not want to participate in the RMFM Program or if the Program Manager is unable to contact the borrower, the Program Manager shall file a notice of nonparticipation in the format of Exhibit 4 attached. In these cases, the notice of nonparticipation shall be filed no later than 45 days after the initial copy of Form A is filed with the court. If the borrower fails or refuses to cooperate with the Program Manager, the Program Manager shall file a notice of nonparticipation in the format of Exhibit 4 attached no later than 90 days after the initial copy of Form A is filed with the court, A copy of the notice of nonparticipation shall be served on the parties by the Program Manager. • 10 of 83 mediations shall be held in the Eighth Judicial Circuit and in the county in which the Borrower(s) reside on the date the mediation is scheduled. In the alternative, the Borrower shall choose a mediation county most convenient for the Borrower and the Program Manager shall make every reasonable accommodation necessary to honor the Borrower’s selection. Mediation sessions will be held at a suitable location(s) obtained by the Program Manager for mediation. Mediation shall be completed within the time requirements established by rule 1.710(a), Florida Rules of Civil Procedure. Mediation shall not be scheduled until the borrowe r has had an opportunity to meet with an approved foreclosure counselor. Mediation shall not be scheduled earlier than 30 days after the Borrower’s Financial Disclosure for Mediation has been transmitted to the plaintiff via a secure dedicated e-mail address or uploaded to the web-enabled information platform described in paragraph 8. Once the date, time, and place of the mediation se ssion have been scheduled by the Program Manager, the Program Manager shall promptly file with the clerk of court and serve on all parties a notice of the mediation session. 13. Attendance at Mediation. The following persons are required to be physically present at the mediation session: a plaintiff’s representative designated in the most recently filed Form A; plaintiff’s counsel; the borrower; and the borrower’s counsel of record, if any. However, unless the presiding judge requires otherwise, the plaintiff’s representative may appear at mediation through the use of communication equipment, if plaintiff files and serves at least five (5) days prior to the mediation a notice in the format of Exhibit 7 attached advising that the plaintiff’s representative will be attending through the use of communication equipment and designating the person who has full authority to sign any settlement agreement reached at the mediation. Plaintiff’s counsel may be designated as the person with full authority to sign the settlement agreement. At the time that the mediation is scheduled to physically commence, the Program Manager shall enter the mediation room prior to the commencement of the mediation conference and, prior to any discussion of the case in the presence of the mediator, take a written roll. That written roll will consist of a determination of the presence of the borrower; the borrower’s counsel of record, if any; the plaintiff’s lawyer; and the plaintiff’s representative with full authority to settle. Each party to the • 11 of 83 mediation, including the borrower and the plaintiff’s designated representative with full authority to settle, shall sign a written declaration on the written roll attached as Exhibit 15 certifying that the party will participate in mediation with good faith and full and honest disclosure. If the Program Manager determines that anyone is not present, that party shall be reported by the Program Manager as a non-appearance by that party on the written roll. If the Program Manager determines that the plaintiff’s representative present does not have full authority to settle, the Program Manager shall report that the plaintiff’s representative did not appear on the written roll as a representative with full settlement authority as required by this Administrative Order. If the Program Manager determines that a party does not certify good faith participation on the written roll call, the Program Manager shall report the failure to certify good faith participation on the written roll submitted to the Court. The written roll and communication of authority to the Program Manager is not a mediation communication. The authorization by this Administrative Order for the plaintiff’s representative to appear through the use of communication equipment is pursuant to rule 1.720(b), Florida Rules of Civil Procedure (court order may alter physical appearance requirement), and in recognition of the emergency situation created by the massive number of residential foreclosure cases being filed in this circuit and the impracticality of requiring physical attendance of a plaintiff’s representative at every mediation. Additional reasons for authorizing appearance through the use of communication equipment for mortgage foreclosure mediation include a number of protective factors that do not exist in other civil cases, namely the administration of the program by a program manager, pre-mediation counseling for the borrower, and required disclosure of information prior to mediation. The implementation of this Administrative Order shall not create any expectation that appearance through the use of communication equipment will be authorized in other civil cases. If the plaintiff’s representative attends mediation through the use of communication equipment, the person authorized by the plaintiff to sign a settlement agreement must be physically present at mediation. If the plaintiff’s representative attends mediation through the use of communication equipment, the plaintiff’s representative must remain on the communication equipment at all times during the entire mediation session. If the plaintiff’s representative attends through the use of communication equipment, and if the mediation results in an impasse, within five (5) days • 12 of 83 after the mediation session, the plaintiff’s representative shall file in the court file a certification in the format of Exhibit 8 attached as to whether the plaintiff’s representative attended mediation. If the mediation results in an impasse after the appearance of the plaintiff’s representative through the use of communication equipment, the failure to timely file the certification regarding attendance through the use of communication equipment shall be grounds to impose sanctions against the plaintiff, including requiring the physical appearance of the plaintiff’s representative at a second mediation, taxation of the costs of a second mediation to the plaintiff, or dismissal of the action. Junior lienholders may appear at mediation by a representative with full settlement authority. If a junior lienholder is a governmental entity comprised of an elected body, such junior lienholder may appear at mediation by a representative who has authority to recommend settlement to the governing body. Counsel for any junior lienholder may also attend the mediation. The participants physically attending mediation may consult on the telephone during the mediation with other persons as long as such consultation does not violate the provisions of sections 44.401-406, Florida Statutes. 14. Failure to Appear at Mediation. If either the plaintiff’s representative designated in the most recently filed Form A or the borrower fails to appear at a properly noticed mediation and the mediation does not occur, or when a mediation results in an impasse, the report of the mediator shall notify the presiding judge regarding who appeared at mediation without making further comment as to the reasons for an impasse. If the borrower fails to appear, or if the mediation results in an impasse with all required parties present, and if the borrower has been lawfully served with a copy of the complaint, and if the time for filing a responsive pleading has passed, the matter may proceed to a final hearing, summary judgment, or default final judgment in accordance with the rules of civil procedure without any further requirement to attend mediation. If plaintiff’s counsel or the plaintiff’s representative fails to appear, the court may dismiss the action without prejudice, order plaintiff’s counsel or the plaintiff’s representative’s to appear at mediation, or impose such other sanctions as the court deems appropriate including, but not limited to, attorney’s fees and costs if the borrower is represented by an attorney. If the borrower or borrower’s counsel of record fails to appear, the • 13 of 83 court may impose such other sanctions as the court deems appropriate, including, but not limited to, attorney’s fees and costs. 15. Written Settlement Agreement; Mediation Report. If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. Pursuant to rule 1.730(b), Florida Rules of Civil Procedure, if a partial or full settlement agreement is reached, the mediator shall report the existence of the signed or transcribed agreement to the court without comment within 10 days after completion of the mediation. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation. In the case of an impasse, the report shall advise the court who attended the mediation, and a copy of Form A or any amended Form A shall be attached to the report for the court to determine if at least one of the plaintiff’s representatives named in Form A appeared for mediation. The mediator’s report to the court shall be in the format of Exhibit 9 attached. 16. Mediation Communications. All mediation communications occurring as a result of this Administrative Order, including information provided to the Program Manager that is not filed with the court, shall be confidential and inadmissible in any subsequent legal proceeding pursuant to Chapter 44, Florida Statutes, the Florida Rules of Civil Procedure, and the Florida Rules for Certified and Court-Appointed Mediators, unless otherwise provided for by law or this Administrative Order. 17. Failure to Comply with Administrative Order. In all residential foreclosure actions, if a notice for trial, motion for default final judgment, or motion for summary judgment is filed with the clerk of court, no action will be taken by the court to set a final hearing or enter a summary or default final judgment until the requirements of this Administrative Order have been met. In cases involving a homestead residence, the presiding judge shall require that copies of either 1) the most recently filed Form A and the report of the mediator, or 2) the most recently filed Form A and the notice of borrower’s nonparticipation be sent to the presiding judge by the plaintiff or plaintiff’s counsel prior to setting a final hearing or delivered with the packet requesting a summary or default final judgment. • 14 of 83 For any instance of noncompliance or nonparticipation, the Program Manager may file a written motion stating with particularity the grounds for the motion and the relief or order sought. The failure of a party to fully comply with the provisions of this Administrative Order may result in the imposition of any sanctions available to the court, including dismissal of the cause of action without further notice. SANCTIONS: The plaintiff’s failure to comply with any of the provisions of this Administrative Order shall result in dismissal. If the case is dismissed, the plaintiff may be subject to additional filing fees and additional RMFM Program Fees. The Eighth Judicial Circuit will strictly adhere to this policy. 18. Mediation Not Required If Residence Is Not Homestead. If the plaintiff certifies in Form A that the property is NOT a homestead residence when suit is filed, plaintiff’s counsel must file and serve with the complaint a certification identifying the agent of plaintiff who has full authority to settle the case without further consultation. The certification shall be in the form of Exhibit 10 attached. If the plaintiff certifies in Form A that the property is NOT a homestead residence, the matter may proceed to a final hearing, summary judgment, or default final judgment in accordance with the rules of civil procedure without any further requirement to attend mediation, unless otherwise ordered by the presiding judge. RMFM Program Fees 19. RMFM Program Fees. The fee structure for the RMFM Program is based on the assumption that a successful mediation can be accomplished with one mediation session. Accordingly, pursuant to rule 1.720(g), Florida Rules of Civil Procedure, the reasonable program fees for the managed mediation, including foreclosure counseling, the mediator’s fee, and administration of the managed mediation program, is a total of no more than $750.00 payable as follows: • 16 of 83 prior to the scheduled mediation session, the plaintiff shall not be entitled to any refund of mediation fees. The total fees include the mediator’s fees and costs; the cost for the borrower to attend a foreclosure counseling session with an approved mortgage foreclosure counselor; and the cost to the Program Manager for administration of the managed mediation program which includes but is not limited to providing neutral meeting and caucus space, scheduling, telephone lines and instruments, infrastructure to support a web-enabled information platform, a secure dedicated email address or other secure system for information transmittal, the cost for a foreign language interpreter and other related expenses incurred in managing the foreclosure mediation program. Program Manager to Monitor Compliance and Satisfaction 20. Monitoring Compliance Concerning Certain Provisions of This Administrative Order, Satisfaction with RMFM Program, and Program Operation. The Program Manager shall be responsible for monitoring whether Form A has been filed in all residential foreclosure actions that commence after the effective date of this Administrative Order and whether the RMFM Program fees have been paid if the residence is a homestead residence. The Program Manager shall send compliance reports to the chief judge or the chief judge’s designee in the format and with the frequency required by the chief judge. The Program Manager may assist with enforcing compliance with this Administrative Order upon filing a written motion pursuant to rule 1.100(b), Florida Rules of Civil Procedure, stating with particularity the grounds therefor and the relief or order sought. Example orders are attached as Exhibit 11. The Program Manager shall also provide the chief judge with periodic reports as to whether plaintiffs and borrowers are satisfied with the RMFM Program. The Program Manager shall also provide the chief judge with reports with statistical information about the status of cases in the RMFM Program and RMFM Program finances in the format and with the frequency required by the chief judge. These reports include, but are not limited to: the frequency with which local mediators are assigned; an explanation when a non-local • 21 of 83 INDEX OF EXHIBITS 1. FORM A 2. NOTICE OF RMFM PROGRAM TO BE SERVED WITH SUMMONS 3. BORROWER’S REQUEST TO PARTICIPATE IN RMFM PROGRAM 4. NOTICE OF BORROWER’S NONPARTICIPATION 5. BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION 6. BORROWER’S REQUEST FOR PLAINTIFF’S DISCLOSURE FOR MEDIATION 7. PLAINTIFF’S NOTICE OF ATTENDING MEDIATION BY TELEPHONE 8. PLAINTIFF’S CERTIFICATION REGARDING ATTENDING MEDIATION BY TELEPHONE 9. MEDIATOR’S REPORT 10. CERTIFICATION REGARDING SETTLEMENT AUTHORITY (Residence Not Homestead) 11. ORDERS FOR REFERRALS, COMPLIANCE, AND ENFORCEMENT 12. MEDIATION TRAINING STANDARDS 13. PARAMETERS FOR MANAGED MEDIATION 14. RMFM PROGRAM FLOWCHART 15. WRITTEN ROLL CALL WITH CERTIFICATION OF GOOD FAITH PARTICIPATION • 25 of 83 EXHIBIT 2 NOTICE OF RMFM PROGRAM TO BE SERVED WITH SUMMONS EXHIBIT 2A: English language Notice of RMFM Program EXHIBIT 2B: Spanish language Notice of RMFM Program • 26 of 83 EXHIBIT 2A ENGLISH LANGUAGE NOTICE OF RMFM PROGRAM TO BE SERVED WITH SUMMONS • 28 of 83 EXHIBIT 2B SPANISH LANGUAGE NOTICE OF RMFM PROGRAM TO BE SERVED WITH SUMMONS • 30 of 83 EXHIBIT 3 BORROWER’S REQUEST TO PARTICIPATE IN RMFM PROGRAM • 35 of 83 EXHIBIT 5 BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION EXHIBIT 5A: LOAN MODIFICATION EXHIBIT 5B: SHORT SALE EXHIBIT 5C: DEED IN LIEU OF FORECLOSURE • 36 of 83 EXHIBIT 5A BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION (LOAN MODIFICATION) • 45 of 83 EXHIBIT 5B BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION (SHORT SALE) • 46 of 83 In addition to the FANNIE MAE HARDSHIP FORM 1021 in Exhibit 5A above, the following information must be uploaded into the web-enabled IT platform on behalf of the borrower: Signed purchase contract for the homestead residence Listing agreement for sale of the homestead residence Preliminary HUD-1 Written permission from the borrower authorizing the plaintiff or any agent of the plaintiff to speak with the real estate agent about the borrower’s loan Borrowers should be reminded that the sale MUST be an arm’s length transaction, and the property cannot be sold to anyone with close personal or business ties to the borrower. • 47 of 83 EXHIBIT 5C BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION (DEED IN LIEU OF FORECLOSURE) • 48 of 83 In addition to the FANNIE MAE HARDSHIP FORM 1021 in Exhibit 5A above, the following information must be uploaded into the web-enabled IT platform on behalf of the borrower: Current title search for the homestead residence • 49 of 83 EXHIBIT 6 BORROWER’S REQUEST FOR PLAINTIFF’S DISCLOSURE FOR MEDIATION IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ______________ COUNTY, FLORIDA ______________________________ Plaintiff(s), vs. ______________________________ Defendant(s). Case No(s).: _____________________ NOTICE OF BORROWER’S REQUEST FOR PLAINTIFF’S DISCLOSURE FOR MEDIATION _____________________, (printed name), as the borrower on the mortgage sued upon in this case, hereby requests the following information and disclosure from the plaintiff pursuant to Administrative Order 3.0954 entered in the Eighth Judicial Circuit (mark the information and documents requested) : ___ Documentary evidence the plaintiff is the owner an d holder in due course of the note and mortgage sued upon. ___ A history showing the application of all payments by the borrower during the life of the loan. ___ A statement of the plaintiff’s position on the pre sent net present value of the mortgage loan. ___ The most current appraisal of the property availab le to the plaintiff. Signed on ________________________, 20___. ______________________________ (Signature) [Certificate of Service on the parties] • 50 of 83 EXHIBIT 7 PLAINTIFF’S NOTICE OF ATTENDING MEDIATION THROUGH THE USE OF COMMUNICATION EQUIPMENT • 52 of 83 EXHIBIT 8 PLAINTIFF’S CERTIFICATION REGARDING ATTENDANCE AT MEDIATION THROUGH THE USE OF COMMUNICATION EQUIPMENT • 56 of 83 EXHIBIT 10 CERTIFICATION REGARDING SETTLEMENT AUTHORITY (RESIDENCE NOT HOMESTEAD) • 58 of 83 EXHIBIT 11 ORDERS FOR REFERRALS, COMPLIANCE, AND ENFORCEMENT • 60 of 83 Electronic Transmittal of Case Number and Borrower Contact Information ___ Plaintiff failed to electronically submit the c ase number and contact information to the borrower to the Program Manager using the approved web-based information platform. Failure to File and Serve Certification Regarding Settlement Authority ___ Plaintiff failed to file and serve the certific ation regarding the person or entity with full settlement authority where the residence is not homestead (Form Exhibit 9 attached to the Administrative Order). Attendance at Mediation ___ Plaintiff’s counsel failed to attend mediation. ___ Plaintiff’s representative designated in the mo st recent Form A filed in the court file failed to attend mediation. ___ Plaintiff’s agent with full authority to sign a settlement agreement failed to attend mediation. ___ Plaintiff’s agent with full authority to sign a settlement agreement failed to certify that the Plaintiff would participate in mediation in good faith and with full and honest disclosure. ___ Plaintiff’s representative failed to attend by telephone at all times during the mediation session. ___ After the mediation resulted in an impasse, pla intiff’s representative failed to file the certification regarding attendance at mediation by telephone at all times (Form Exhibit 7 attached to the Administrative Order). Failure to Transmit List of Required Documents and/or Information ____ Plaintiff failed to transmit list of required documents and/or information necessary to accomplish mediation or the goals of the Administrative Order. • 63 of 83 Failure to File and Serve Certification Regarding Settlement Authority ___ Within 10 days after the date of this order, Pl aintiff shall file and serve the certification regarding the person or entity with full settlement authority where the residence is not homestead (Form Exhibit 9 attached to the Administrative Order). Attendance at Mediation ___ Plaintiff’s counsel shall attend the next sched uled mediation in this case. ___ _____________________________ (Name) , as plaintiff’s representative designated in the most recent Form A filed in the court file, shall physically attend the next scheduled mediation in this case. ___ _____________________________ (Name) , as plaintiff’s agent with full authority to sign a settlement agreement shall attend the next scheduled mediation in this case. Dismissal ___ This case is dismissed without prejudice. Additional Sanctions ___ The court determines ________________________ i s entitled to an award of attorney’s fees and cost, the amount of which shall be determined at a subsequent hearing. __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ Signed on [date] [signature block for judge] [Certificate of Service] • 81 of 83 EXHIBIT 15 WRITTEN ROLL CALL WITH CERTIFICATION OF GOOD FAITH
AO 3.01(v4) Page A-iii Pretrial Orders Effective: August 9, 2019 Order Scheduling Pretrial Conference and Jury Trial retained experts, from whom a party expects to elicit opinion testimony regarding standard of care, c ausation, or any matter beyond the scope of a fact witness, shall also be identified as such. 5. EXHIBITS: No later than thirty (30) days before the Pretrial Conference, each party shall file and serve a schedule of all exhibits and documentary evidence that the party will offer during trial. 6. EXCLUSION OF EVIDENCE : No witnesses, documents, exhibits, experts or other evidence shall be permitted to testify or be admitted into evidence if not disclosed as required by the foregoing schedule, except by consent of the parties or order of the Court. 7. MEDIATION: The attorneys and parties will schedule , conduct, and conclude mediation on or before . 8. DISCOVERY: ALL DISCOVE
Reviewer note: Source sha256: b3c6f6b0efd270f8b09a5c664fe56fe98293251c18e9d27d4654ccd2b072a518, 8e90f16ddd80a41872d5cdea5b94b35d747695ed6f63f178907b95fcb6a7161e, fcab24603b64485beb24f448c9928b076c463a2d438af508f5f989eb9d7a175c, a682f808c320cfbe8f585891ccded4f24b100ff8791bf166c13f8ea0e7ec7614. Corpus categories: EXHIBITS, EXHIBITS | CASE_MANAGEMENT_OR_TRACK, EXHIBITS | FILING_OR_SERVICE. Operative status as recorded: CURRENT_DIRECTORY_CURRENT_VERSION, MEDIA_LIBRARY_ONLY_UNVERIFIED, RESCINDED_PUBLISHED_ARCHIVE. Published during the 2026-07-24 completeness pass.
Judge Sherman requires TWO identical bound hard-copy sets of pre-marked exhibits for evidentiary hearings at least 7 days out — and anything over 50 pages must arrive as bound hard copies by mail.
Judge Hafele: exhibits in chambers three days before any evidentiary proceeding, courtesy copies two days out, all hearing materials three business days ahead, and interpreter requests seven days in advance.
Judge Mullinax wants physical copies of all documents and exhibits for in-person hearings/trials provided five days in advance; orders in Word (no macros/columns/tabs) within 48 hours, final judgments with a 3-inch top-right margin.