Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

CV-2021-023-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: CASE MANAGEMENT OF CIVIL CASES

Ref: CV-2021-023-SC

WHEREAS, the Supreme Court of Florida has directed chief judges to issue administrative orders related to the active management of civil cases;

NOW THEREFORE, I, RAUL A. ZAMBRANO, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:

    1. Each judge presiding over civil cases1 is to strictly comply with Rule 2.545, Fla. R. Gen. Prac. & Jud. Admin. Specifically, he/she must manage his/her docket in such a manner so as to (a) conclude litigation as soon as it is reasonably and justly possible to do so, (b) take charge of cases at an early stage and control the progress of the case thereafter until it is determined, and (c) apply a firm continuance policy allowing continuances only for good cause.

 

    1. All civil cases will initially receive a presumptive designation of (a) “General,” cases in which a trial by jury is demanded, or (b) “Streamlined,” all other cases. Cases subsequently designated as “Complex” under Rule 1.201, Fla. R. Civ. P., are exempted from the requirements of this Order and will proceed in accordance with the Rule.

 

    1. For “General” and “Streamlined” cases filed on or before April 30, 2021, the plaintiff is required to serve the case management order (a copy of which is attached hereto as Exhibit A) on all other parties and file a notice of service with the Clerk within thirty (30) days of the date of its issuance, except as hereinafter provided.

 

    1. For “General” and “Streamlined” cases filed after April 30, 2021, the plaintiff is required to serve the case management order (a copy of which is attached hereto as Exhibit A) on all other parties together with service of process or in the manner prescribed in Fla. R. Civ. P. 1.080.

 

    1. Judges presiding over civil cases are to review each case to determine whether there is sufficient cause to depart from the presumptive case designation as identified herein.

 

    1. In reviewing each case, the presiding judge should consider the number of parties, the complexity of issues relating to liability and damages, the number of anticipated pretrial motions, the extensiveness of anticipated discovery, the number of witnesses, the amount of documentary evidence, the anticipated length of trial, as well as any other factor deemed relevant by the presiding judge.

 

    1. Case management orders issued in “General” and “Streamlined” cases must establish deadlines for the following actions or events to occur no later than the maximum allowable time periods indicated below:
      Action or Event General Streamlined
      Service of complaint Later of 120 days from filing or issuance of CMO Later of 120 days from filing or issuance of CMO
      Service under extensions Later of 210 days from filing or issuance of CMO Later of 210 days from filing or issuance of CMO
      Adding new parties Later of 90 days from filing or issuance of CMO Later of 90 days from filing or issuance of CMO
      Objections to pleadings 20 days from service 20 days from service
      Disclosure of expert witnesses 75 days before docket sounding for parties seeking affirmative relief; 60 days before docket sounding for parties not seeking affirmative relief 75 days before docket sounding for parties seeking affirmative relief; 60 days before docket sounding for parties not seeking affirmative relief
      Disclosure of fact witnesses 60 days before docket sounding 60 days before docket sounding
      Service of written discovery requests 45 days before docket sounding 45 days before docket sounding
      All other discovery to be completed 10 days before docket sounding 10 days before docket sounding
      Pretrial motions to be filed 30 days before trial 30 days before trial
      Mediation completed and report filed Prior to docket sounding Prior to docket sounding
      Projected docket sounding and trial date 18 months from filing 12 months from filing

 

    1. In the event of a conflicting deadline between a case management order and a trial order, the deadline established in the trial order controls.

 

    1. Upon the filing of a motion establishing good cause and approval by the presiding judge, any case may be re-designated. Any motion for re-designation must be filed no later than 60 days after service of the complaint upon the last of all named defendants.

 

    1. A case management order is not required for any civil case in which a trial order has been issued that substantially incorporates the Seventh Judicial Circuit’s Uniform Pretrial Procedures in Civil Actions.

 

    1. A case management order is not required for any civil case that is subject to dismissal for lack of prosecution. If the case is not dismissed, a case management order is to be issued within 30 days after such determination.

 

    1. A case management order is not required for any civil case that is subject to a statutory stay or moratorium. A case management order is to be entered within 45 days of the lifting of the stay or moratorium or within 30 days of service of the complaint on the last of all named defendants, whichever date is later.

 

  1. Failure to comply with the terms of a case management order may result in sanctions against the offending party.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 28th day of April 2021.

/s/ Raul A. Zambrano
Raul A. Zambrano
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties