Florida Regulations 60Q-6.115

From Wcc
Revision as of 10:02, 25 April 2008 by 10.10.11.190 (Talk) (New page: Florida > Regulations === § 60Q-6.115 MOTION PRACTICE=== <table border="0" width="95%"> <tr> <td width="80%" va...)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Florida > Regulations

§ 60Q-6.115 MOTION PRACTICE

(1) All motions shall be in writing unless made on the record during a hearing and shall fully state the relief requested and the grounds relied upon.

(2) Prior to filing any motion, the movant shall personally confer with the opposing party or parties or, if represented, their attorneys of record to attempt to amicably resolve the subject matter of the motion. All motions shall include a statement that the movant has personally conferred or has used good-faith efforts to confer with all other parties or, if represented, their attorneys of record and shall state whether any party has an objection to the motion.

(3) If the motion cannot be amicably resolved, does not require the taking of evidence, and does not require more than ten minutes to argue, the movant shall notice the motion to be heard on the judge's motion calendar. The movant shall coordinate the motion hearing with the other parties or, if represented, their attorneys of record but not with the judge's office. The motion shall be served at that time; however, the motion shall not be filed with the judge until three days before the motion calendar on which it has been set. No written response to the motion is necessary. The movant shall bring to the motion calendar a proposed order, which allows the judge to mark that the motion is granted or denied, together with stamped envelopes for mailing the order to the parties.

(4) For other motions which have not been amicably resolved, the movant shall file the motion, which shall include a statement as to whether a hearing on the motion is necessary and, if so, the basis for requesting a hearing. The other parties may, within seven days of service of the written motion, file a response in opposition, which shall include a statement as to whether a hearing on the motion is necessary and, if so, the basis for requesting a hearing. Unless the judge determines that a hearing is necessary based upon the statements in the motion and/or response as to why a hearing is necessary, written motions will normally be disposed of without a hearing. Motion hearings may be conducted either in person or telephonically as the judge deems necessary.

(5) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall state good cause for the request.

(6) Motions to expedite discovery or the final hearing shall set forth good cause and shall be served by facsimile transmission, hand delivery, or overnight delivery. Any opposition to the motion must be filed within four days from the date of the motion.

Specific Authority 440.25(4)(h), 440.45 (1)(a), (4) FS.

Law Implemented 440.25(4)(h), 440.45 (1)(a), (4) FS.

History--New 2-23-03.