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Filing # 171729957 E-Filed 04/25/2023 11:13:50 AM
Bill Kinsaul, Clerk Bay County, Florida Deputy Clerk KM Trans # 1672936
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IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA
ADMINISTRATIVE ORDER 4 2021-00-06
RE: CIVIL CASE MANAGEMENT
WHEREAS AOSC 20-23, Amendment 12 directs chief judges to issue administrative
orders applicable to each county within the judicial circuit requiring the presiding judge to:
(1) actively manage civil cases, and (2) strictly comply with Fla. R. Jud. Admin. 2.545 (a),
(b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and
justly possible to do so, to take charge of all cases at an early stage and to control the progress of
the case thereafter until it is determined, and to apply a firm continuance policy allowing
continuances only for good cause shown,
NOW, THEREFORE, pursuant to AOSC 20-23 Amendment 12, the following civil
case management and resolution plan is directed.
1 Case Differentiation: The presiding judge of civil cases shall review each civil case to
determine whether it is complex, streamlined, or general.
Complex Cases are cases designated by court order as complex cases under Florida Rule
of Civil Procedure 1.201 and shall proceed as provided in the rule,
Streamlined Civil Cases are Non-Jury civil cases anticipated to have a trial length of less
than two days, and mot likely to: (a) involve numerous pretrial motions, or (b) pretrial
management of a large number of witnesses or a substantial amount of documentary
evidence,
General Civil cases include all cases that are not designated by order as complex or
streamlined.
2. Case Management Order:
a. A Standing Case Management Order in the form attached as ‘Exhibit A’ shall be
issued by the Clerk in each civil case filed on or after April 30, 2021. The Plaintiff
or Petitioner must serve a copy of the Standing Case Management Order with the
Summons and the Complaint/Petition.
Re: Civil Case Management 2021-00-06 Pagel
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A Standing Case Management Order substantially in the form attached as “Exhibit
A’ shall be issued by the Court in each civil case filed before April 30, 2021 by
December 3, 2021, unless otherwise provided by AOSC20-23, Amendment 12, or
the action is set for trial.
Each case management order shall specify the deadline for:
service of complaints and service under extensions
adding new parties
completion of discovery
resolution of motions and objections to pleadings
completion of mediation
Trial Dates: Each case management order shall also specify a projected trial date and indicate
that an order setting a firm trial date will be issued pursuant to Fla. R. Civ. Proc. 1.440 when the
case is at issue,
Other procedures and protocols: Case management orders may include other procedures and
protocols outlined in Fla. R. Civil Proc. 1.200 or otherwise aimed at maximizing the fair and just
resolution of civil cases.
Maximum deadlines and timelines established for streamlined and general civil cases shall be
consistent with Fla. R. Jud. Admin 2.250.
3. Rule 2.545 Case Management Compliance, Judges are to review Rule 2.250 and 2.545
and shall strictly comply with Fla. R. Jud. Admin. 2.545 (a), (b), and (e), which respectively
require judges to conclude litigation as soon as itis reasonably and justly possible to do so,
to take charge of all cases at an early stage and to control the progress of the case thereafter
until it is determined, and to apply a firm continuance policy allowing continuances only
for good cause shown,
The procedures and time standards set forth herein do not supplant any existing rule,
statute, or law.
This Administrative Order shall take effect April 30, 2021 and shall remain in effect until
further order of the Court.
DONE AND ORDERED in Chambers, at Panama City, Bay. unty, Florida, this 30"
day of April 2021.
CHRISTOPHER N, PATTERSON
CHIEF JUDGE To, A CERTIFIED TRUE COPY
f BILL KINSAUL CLERK
OFT {CIRCUIT COURT
Copy: Chair of the Workgroup on The Improved Resolution of Civil Cases 4s By. Oils.
Deputy Clerk
Re. Civil Case Management 2021-00-06 Page 2
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Niseos
IN THE CIRCUIT COURT IN AND FOR BAYCOUNTY
XXXX,
Plaintiff,
VS. Case No.: XXXX
Defendant.
Exhibit A
STANDING CIVIL CASE MANAGEMENT ORDER
THIS MATTER is before the court pursuant to Fla. R. Civil Proc. 1.200, Fla. R. Jud.
Admin. 2.545, and AOSC20-23, Amendment 12, and the court having determined that it is
necessary to establish certain deadlines and timelines to ensure the prompt processing and just
resolution of civil cases, issues the following case management order:
1. Case Differentiation.
Complex Cases: cases designated by court order as complex cases under Florida Rule of
Civil Procedure 1.201 shall proceed as provided in the rule.
Streamlined Civil Cases: Non-Jury civil cases anticipated to have a trial length of less
than two days, and not likely to: (a) involve numerous pretrial motions, or (b) pretrial
management of a large number of witnesses or a substantial amount of documentary
evidence may be designated as streamlined.
General Civil Cases: include all cases that are not designated by order as complex or
streamlined.
Civil cases shall be deemed “general civil cases” unless the presiding judge has entered a
separate order designating the civil case as complex or streamlined.
2. Timelines and deadlines for streamlined and general civil cases.
a. service of complaints and service under extensions ~ Plaintiff shall serve the initial
process and initial pleadings on a defendant within 120 days of filing the initial
pleadings directed to that defendant as provided by Fla. R. Civ. Proc 1.070. If
service of the initial process and pleadings is not made upon a defendant within 30
days after expiration of the initial 120 days, the action may be dismissed without
prejudice or the defendant dropped as a party unless a motion and statement of
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good cause are filed by the plaintiff, and the matter is heard by the court prior to
the expiration on the 30 days after the initial 120 days. The court may dismiss the
action or grant additional service time,
adding new parties - New parties may be added as provided by Fla. R. Civ. Proc.
1.250(c) and Rule 1.210(a), and on such terms as are just,
a Mediation - Mediation is required in all cases unless waived by the presiding judge
and shall be completed no later than the pretrial conference. The presiding judge
may issue a separate order of mediation directing completion of mediation by a
specified deadline. Plaintiff's counsel shall insure that all fees and costs of
mediation have been paid before distribution of any settlement proceeds, If the case
is to proceed to trial, these expenses shall be satisfied prior to the trial date. The
mediator shall provide the Court with a mediation report at least five (5) days before
the pre-trial conference, unless otherwise ordered by the Court. The discovery
process is not suspended by the court’s order of mediation.
Completion of discovery - Counsel shall complete all discovery. including
independent medical examinations, at least 30 days before the pretrial conference.
The conduct of discovery subsequent to the pretrial conference shall be permitted
only on Order of the Court for good cause shown,
Resolution of motions and objections to pleadings - ALL motions and objections
to pleadings, including motions-in-limine, shall have been filed, scheduled, and
heard prior to the pretrial conference. No motion will be heard at or after the pretrial
conference absent compelling circumstances and consent of the Court. All motions
not heard by the pretrial conference shall be deemed abandoned.
3. Trial Dates: Trials for streamlined and general civil cases are projected to occur
within the timeline established by Rule 2.250. Within sixty days of a notice of trial at issue, a
separate order setting trial will be issued by the presiding judge establishing a firm trial and pretrial
dates along with pretrial and trial instructions.
4. Service on Defendants: The Plaintiff or Petitioner must serve a copy of this
Standing Case Management Order with the Summons and the Complaint/Petition on any defendant
not served with process prior to the filing of this Order.
§. Cases Previously Scheduled for Trial: If this action is subject to a previously
entered Uniform Order Scheduling Trial (Bench or Jury), all dates and deadlines contained in the
Uniform Order Scheduling Trial shal! supersede any dates and deadlines contained in this Standing
Civil Case Management Order.
6 Rule 2.545, Rule 2.250, and Professional Obligation Compliance:
Lawyers and judges have a professional obligation to conclude litigation as soon as it is reasonably
and justly possible to do so. Accordingly, the deadlines and timelines established herein and in any
subsequent orders, and Rule 2.545 and Rule 2.250 will be strictly enforced.
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ORDERED in Panama City, Florida, this 30" day of April 2021.
pt 4
Jopin L. Fishel, 0, ‘Administrative Civil Judge
Page 3 of 3
Preview
Filing # 171729957 E-Filed 04/25/2023 11:13:50 AM Bill Kinsaul, Clerk Bay County, Florida Deputy Clerk KM Trans # 1672936 Sn 3 tobe coe IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ADMINISTRATIVE ORDER 4 2021-00-06 RE: CIVIL CASE MANAGEMENT WHEREAS AOSC 20-23, Amendment 12 directs chief judges to issue administrative orders applicable to each county within the judicial circuit requiring the presiding judge to: (1) actively manage civil cases, and (2) strictly comply with Fla. R. Jud. Admin. 2.545 (a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown, NOW, THEREFORE, pursuant to AOSC 20-23 Amendment 12, the following civil case management and resolution plan is directed. 1 Case Differentiation: The presiding judge of civil cases shall review each civil case to determine whether it is complex, streamlined, or general. Complex Cases are cases designated by court order as complex cases under Florida Rule of Civil Procedure 1.201 and shall proceed as provided in the rule, Streamlined Civil Cases are Non-Jury civil cases anticipated to have a trial length of less than two days, and mot likely to: (a) involve numerous pretrial motions, or (b) pretrial management of a large number of witnesses or a substantial amount of documentary evidence, General Civil cases include all cases that are not designated by order as complex or streamlined. 2. Case Management Order: a. A Standing Case Management Order in the form attached as ‘Exhibit A’ shall be issued by the Clerk in each civil case filed on or after April 30, 2021. The Plaintiff or Petitioner must serve a copy of the Standing Case Management Order with the Summons and the Complaint/Petition. Re: Civil Case Management 2021-00-06 Pagel Electronically File Jackson Case# 23000124CAAXMX 04/25/2023 10:13:50 AM File # 2021032271 BK: 4399 PG: 119, Pages: 2 of S A Standing Case Management Order substantially in the form attached as “Exhibit A’ shall be issued by the Court in each civil case filed before April 30, 2021 by December 3, 2021, unless otherwise provided by AOSC20-23, Amendment 12, or the action is set for trial. Each case management order shall specify the deadline for: service of complaints and service under extensions adding new parties completion of discovery resolution of motions and objections to pleadings completion of mediation Trial Dates: Each case management order shall also specify a projected trial date and indicate that an order setting a firm trial date will be issued pursuant to Fla. R. Civ. Proc. 1.440 when the case is at issue, Other procedures and protocols: Case management orders may include other procedures and protocols outlined in Fla. R. Civil Proc. 1.200 or otherwise aimed at maximizing the fair and just resolution of civil cases. Maximum deadlines and timelines established for streamlined and general civil cases shall be consistent with Fla. R. Jud. Admin 2.250. 3. Rule 2.545 Case Management Compliance, Judges are to review Rule 2.250 and 2.545 and shall strictly comply with Fla. R. Jud. Admin. 2.545 (a), (b), and (e), which respectively require judges to conclude litigation as soon as itis reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown, The procedures and time standards set forth herein do not supplant any existing rule, statute, or law. This Administrative Order shall take effect April 30, 2021 and shall remain in effect until further order of the Court. DONE AND ORDERED in Chambers, at Panama City, Bay. unty, Florida, this 30" day of April 2021. CHRISTOPHER N, PATTERSON CHIEF JUDGE To, A CERTIFIED TRUE COPY f BILL KINSAUL CLERK OFT {CIRCUIT COURT Copy: Chair of the Workgroup on The Improved Resolution of Civil Cases 4s By. Oils. Deputy Clerk Re. Civil Case Management 2021-00-06 Page 2 File # 2021032271 BK; 4399 PG: 120, Pages: 3 of S Niseos IN THE CIRCUIT COURT IN AND FOR BAYCOUNTY XXXX, Plaintiff, VS. Case No.: XXXX Defendant. Exhibit A STANDING CIVIL CASE MANAGEMENT ORDER THIS MATTER is before the court pursuant to Fla. R. Civil Proc. 1.200, Fla. R. Jud. Admin. 2.545, and AOSC20-23, Amendment 12, and the court having determined that it is necessary to establish certain deadlines and timelines to ensure the prompt processing and just resolution of civil cases, issues the following case management order: 1. Case Differentiation. Complex Cases: cases designated by court order as complex cases under Florida Rule of Civil Procedure 1.201 shall proceed as provided in the rule. Streamlined Civil Cases: Non-Jury civil cases anticipated to have a trial length of less than two days, and not likely to: (a) involve numerous pretrial motions, or (b) pretrial management of a large number of witnesses or a substantial amount of documentary evidence may be designated as streamlined. General Civil Cases: include all cases that are not designated by order as complex or streamlined. Civil cases shall be deemed “general civil cases” unless the presiding judge has entered a separate order designating the civil case as complex or streamlined. 2. Timelines and deadlines for streamlined and general civil cases. a. service of complaints and service under extensions ~ Plaintiff shall serve the initial process and initial pleadings on a defendant within 120 days of filing the initial pleadings directed to that defendant as provided by Fla. R. Civ. Proc 1.070. If service of the initial process and pleadings is not made upon a defendant within 30 days after expiration of the initial 120 days, the action may be dismissed without prejudice or the defendant dropped as a party unless a motion and statement of Page 1 of 3 File # 2021032271 BK: 4399 PG: 121, Pages: 4 of 5 good cause are filed by the plaintiff, and the matter is heard by the court prior to the expiration on the 30 days after the initial 120 days. The court may dismiss the action or grant additional service time, adding new parties - New parties may be added as provided by Fla. R. Civ. Proc. 1.250(c) and Rule 1.210(a), and on such terms as are just, a Mediation - Mediation is required in all cases unless waived by the presiding judge and shall be completed no later than the pretrial conference. The presiding judge may issue a separate order of mediation directing completion of mediation by a specified deadline. Plaintiff's counsel shall insure that all fees and costs of mediation have been paid before distribution of any settlement proceeds, If the case is to proceed to trial, these expenses shall be satisfied prior to the trial date. The mediator shall provide the Court with a mediation report at least five (5) days before the pre-trial conference, unless otherwise ordered by the Court. The discovery process is not suspended by the court’s order of mediation. Completion of discovery - Counsel shall complete all discovery. including independent medical examinations, at least 30 days before the pretrial conference. The conduct of discovery subsequent to the pretrial conference shall be permitted only on Order of the Court for good cause shown, Resolution of motions and objections to pleadings - ALL motions and objections to pleadings, including motions-in-limine, shall have been filed, scheduled, and heard prior to the pretrial conference. No motion will be heard at or after the pretrial conference absent compelling circumstances and consent of the Court. All motions not heard by the pretrial conference shall be deemed abandoned. 3. Trial Dates: Trials for streamlined and general civil cases are projected to occur within the timeline established by Rule 2.250. Within sixty days of a notice of trial at issue, a separate order setting trial will be issued by the presiding judge establishing a firm trial and pretrial dates along with pretrial and trial instructions. 4. Service on Defendants: The Plaintiff or Petitioner must serve a copy of this Standing Case Management Order with the Summons and the Complaint/Petition on any defendant not served with process prior to the filing of this Order. §. Cases Previously Scheduled for Trial: If this action is subject to a previously entered Uniform Order Scheduling Trial (Bench or Jury), all dates and deadlines contained in the Uniform Order Scheduling Trial shal! supersede any dates and deadlines contained in this Standing Civil Case Management Order. 6 Rule 2.545, Rule 2.250, and Professional Obligation Compliance: Lawyers and judges have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so. Accordingly, the deadlines and timelines established herein and in any subsequent orders, and Rule 2.545 and Rule 2.250 will be strictly enforced. Page 2 of 3 File # 2021032271 BK: 4399 PG: 122, Pages: 5 ofS ORDERED in Panama City, Florida, this 30" day of April 2021. pt 4 Jopin L. Fishel, 0, ‘Administrative Civil Judge Page 3 of 3