THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA

 ADMINISTRATIVE ORDER NO. 3.400(C)
 

 FORM OF ORDER SETTING PRETRIAL CONFERENCE AND TRIAL


 


    Whereas, the circuit judges last reviewed the form of Order Scheduling Pretrial Conference and Jury Trial for use in civil cases on October 11, 1988, see Administrative Order No. 3.400(B).

    Whereas, the attached order has been updated to meet the current needs of judges in the Eighth Judicial Circuit and that the attached order reflects the procedures now in place.

     It is therefore

    ORDERED that the attached form is hereby adopted for use throughout the Eighth Judicial circuit as provided in Rule 1.200(c) of the Florida Rules of Civil Procedure.  The order is intended primarily for use in civil actions involving jury trials, but may be likewise used in cases involving non-jury trials.  The form has been promulgated as to content, but may be re-formatted as desired.

    ORDERED on April 3rd, 2000.
 

 /s/ ROBERT P. CATES, CHIEF JUDGE





IN THE CIRCUIT COURT OF FLORIDA, EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY
CIVIL ACTION



 Plaintiff(s),

CASE NO.  _____________
DIVISION  _____________
vs.
 

 Defendant(s).

_________________________________
 


ORDER SCHEDULING PRETRIAL CONFERENCE AND JURY TRIAL

    THIS ACTION is at issue in accordance with Rule 1.440 of the Florida Rules of Civil Procedure and is ready to be set for trial.  Therefore, it is,

    ADJUDGED that:

    1.  Trial counsel for the parties are directed to appear before the undersigned Judge, in Chambers, room                , Alachua County Courthouse, Gainesville, Florida, on                                                                  for a Pretrial Conference to be conducted under the provisions of Rule 1.200 of the Florida Rules of Civil Procedure. The time allotted for the conference is thirty (30) minutes.

    2.  This action is set on                                                                                         on the undersigned Judge's jury trial docket commencing at 9:00 A.M. or as soon thereafter as counsel may be heard.                    days have been reserved for trial of this action.

    3.  Not later than sixty days before the pretrial conference, each party shall file with the Clerk of this Court, and serve on opposing counsel, a complete list of non-expert witnesses not previously named who will be called at trial, together with their last known addresses and telephone numbers.

    4.  ALL DISCOVERY PROCEDURES ALLOWED BY THE RULES OF CIVIL PROCEDURE SHALL BE COMPLETED NOT LATER THAN 30 DAYS PRIOR TO PRETRIAL CONFERENCE  AS WELL AS  THE TAKING OF ALL DEPOSITIONS FOR USE AT TRIAL.

    5.  Plaintiffs shall disclose the names and addresses of retained expert witnesses to be used at trial, together with said witnesses curricula vitae and a reasonable description of said witnesses anticipated testimony no later than                                                       .

    6.  Defendants shall disclose the names and addresses of retained expert witnesses to be used at trial, together with said witnesses curricula vitae and a reasonable description of said witnesses anticipated testimony no later than                                .

    7.  Plaintiffs shall make their retained experts available for deposition at a mutually agreed upon time and place no later than                                                      .

    8.  Defendants shall make their retained experts available for deposition at a mutually agreed upon time and place no later than                                                      .

    9.  Plaintiffs shall disclose the names and addresses of rebuttal expert witnesses to be used at trial, together with said witnesses curricula vitae and a reasonable description of said witnesses no later than                                                                    .

    10.  The parties will schedule this case for mediation on or before                                                     .

    11. No witnesses, documents, exhibits, experts or other evidence shall be called or introduced respectively, if not disclosed as required by the foregoing schedule except by consent of the parties or order of the Court.

    12.  Not later than seven (7) days before the Pretrial Conference, Plaintiff shall file with the Clerk of the Court, and serve a copy on opposing counsel, the following:

(a) A short statement of the case and the facts on which Plaintiff bases his cause 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 6(a) and 6(b);
(d) A schedule of all exhibits and documentary evidence Plaintiff will offer during trial (actual exhibits and documentary evidence will be available at the conference);
(e) A memorandum of law particularly applicable to this case, with citations including statutes and copy of ordinances, which are to be relied upon.
(f) Plaintiff's proposed jury instructions.
 13.  Not later than seven (7) days before the Pretrial Conference, Defendant shall file with the Clerk
of the Court, and serve a copy on opposing counsel, the following:
(a) A statement of the facts constituting Plaintiff's cause 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 5(a) and 5(b);
(d) A schedule of all exhibits and documentary evidence Defendant will offer during trial (actual exhibits and documentary evidence will be available at the conference);
(e) A memorandum of law particularly applicable to this case, with citations including statutes and copy of ordinances, which are to be relied upon.
(f) Defendant's proposed jury instructions.
    14.  Not later than ten (10) days before the Pretrial Conference, counsel shall meet personally and exhibit to each other all documentary and tangible evidence intended to be offered at trial, and shall make a good faith effort to stipulate in writing, as to the admissibility thereof.  The stipulation may be conditioned upon such things as authenticity, relevance, predicate, etc.
 Counsel shall be fully prepared to advise the Court at Pretrial Conference of the precise objection, if any, to each of the opposing party's exhibits and jury instructions.

    15.  All motions must be filed and heard prior to the Pretrial Conference.

    16.  Within forty-eight (48) hours immediately prior to the Pretrial Conference, trial counsel shall meet or communicate via telephone to discuss settlement.  Counsel will be prepared to negotiate settlement at the Pretrial Conference, and shall have full authority to settle the case or have available at the conference a party or representative who does have authority to settle.

    17.  The time limits provided in this Order may be extended only for good cause shown upon timely application.

    18.  Each attorney of record shall notify the Court immediately in the event this case is settled.

    19.  During trial, the parties will be bound in all particulars by this Order and the Pretrial Order to be entered following the conference.

    20.  Failure of counsel to comply with this Order shall subject counsel to such sanctions as the Court shall determine to be just and proper under the circumstances.

ORDERED on                                                       .
 

    ____________________________________

                                                                               Circuit Judge
 

 CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail or hand delivery, this _____ day of                           , _____, to:
 
 


___________________________________

                                                                                  Judicial Assistant