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Filing # 191800780 E-Filed 02/12/2024 08:02:45 PM
BATE A
IN THE FIFTH JUDICIAL CIRCUIT
IN AND FOR THE STATE OF FLORIDA
ADMINISTRATIVE ORDER: A-2021-13
ORDER ESTABLISHING AND IMPLEMENTING
DIFFERENTIATED ACTIVE CIVIL CASE
MANAGEMENT SYSTEM (“DACMS”)
WHEREAS, the Florida Supreme Court has determined that
Differentiated Active Civil Case Management (“DACMS”) is needed to
maximize the resolution of civil cases and have mandated same upon
the presiding judges of the Circuit and County Courts of the State of
Florida, and;
WHEREAS, the Florida Supreme Court recently issued
AOSC20-23, Amendment 10, as amended further by Amendments 11
and 12, which required the Chief Judge in accordance with Section
G thereof, to enter a local circuit-wide administrative order requiring
the presiding judge(s) for each civil case within the Circuit to actively
manage civil cases, and;
WHEREAS, it is in the best interest of the citizens of the Fifth
Judicial Circuit for the Court to develop innovative means to further
improve the fair, predictable, efficient, and timely disposition of civil
cases in the civil divisions of the Circuit and County Courts, and;
WHEREAS, the implementation of a Differentiated Active Civil
Case Management System is an innovative means to improve the
disposition of cases in the civil divisions of the Courts of the Fifth
Judicial Circuit, and;
WHEREAS, local compliance with the mandates of Florida
Supreme Court AOSC20-23, Amendment 10, Section G, as amended
in Amendments 11 and 12, is required, and;
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Electronically Filed Marion Case # 24CA000292AX 02/12/2024 08:02:45 PM
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WHEREAS, pursuant to the requirements of AOSC20-23, as
amended; the authority prescribed by Florida Rules of Judicial
Administration, Rule 2.215; for the purpose of promoting the efficient
administration of justice within the Fifth Judicial Circuit; and in
required compliance with administrative orders of the Florida
Supreme Court,
IT IS THEREFORE,
ADMINISTRATIVELY ORDERED as follows:
1, Each presiding judge for each civil case is hereby required to
actively manage civil cases in accord with this order and
attachments hereto. The term "civil case" means actions to
which the Florida Rules of Civil Procedure apply, as identified
in Florida Rule of Civil Procedure 1.010, and actions in which
the court has ordered that the action proceed under one or more
of the Florida Rules of Civil Procedure pursuant to Florida Small
Claims Rule 7.020(c) if the deadline for the trial date specified
in Florida Small Claims Rule 7.090(d) no longer applies in the
action. The term “civil case” does not include actions subject to
section 51.011, Florida Statutes (summary procedures by rule
or statute), post-judgment proceedings, and writs to which
Florida Rule of Civil Procedure 1.630 applies.
Accordingly, there is hereby established within the Fifth
Judicial Circuit a required Differentiated Active Civil Case
Management System (“DACMS”) applicable to all civil cases
for the implementation of enhanced case management
procedures and guidelines for the timely and efficient
processing of civil cases and reduction in the pending backlog
of civil cases.
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It is intended that the Differentiated Active Civil Case
Management System (“DACMS”) be implemented uniformly
within the Fifth Judicial Circuit to the extent referenced herein
which allows for continued usage of existing in use civil case
management order forms as may be necessary of modification
for compliance with the requirements herein. (See Page 13,
Paragraph 5).
4. Unless otherwise authorized by the assigned presiding judge
and also otherwise in compliance herewith and with the
requirements of the Florida Supreme Court, civil cases requiring
case management will proceed using a uniform case
management system otherwise known as Differentiated Active
Civil Case Management (“DACMS”).
A. DACMS (Differentiated Case Types):
(1) Each presiding Judge shall review cases assigned to
them to differentiate each case according to type (either
complex, streamlined, or general). Each civil case shall be
reviewed to determine whether the case is complex,
streamlined, or general using the following criteria:
a. Complex: Complex civil cases are actions that
have been or may be designated by court order as
complex under Florida Rule of Civil Procedure 1.201.
Upon such designation, the action shall proceed as
provided in the rule. Presumptive Complex cases are
as follows:
° Class Action Cases
° Environmental/Toxic Tort/ Mass Tort Litigation
e Anti-Trust/Securities Litigation
e Malpractice-Medical (or involving Wrongful
Death)
Nursing home negligence
pom
Other complex cases with extraordinary
number of parties, witnesses, experts, and
extensive or voluminous pretrial discovery
issues
Others as may be identified by the parties
and/or identified and determined by the
presiding judge pursuant to Florida Rule of Civil
Procedure 1.201
b. Streamlined: Streamlined civil cases shall be
identified based on criteria, including but not
necessarily limited to, the following: whether the
case involves only a few parties, non-complex issues
related to liability and damages, few anticipated
pretrial motions, limited need for discovery, few
witnesses, minimal documentary evidence, and an
anticipated trial length of less than two days
Presumptive streamlined cases are as follows
Residential and Commercial Foreclosure
Simple, two-party Collection /Indebtedness
Non-Jury cases
Uncontested cases
Others as may be identified by the parties
and/or identified and determined by the
presiding judge
Cc. General: Everything not designated complex or
streamlined, i.e., all other civil cases.
(2) Judicial review to differentiate cases shall be assisted
by the required filing by the Plaintiff and receipt by the
presiding judge of a Notice of Completion of Service of
Process (or non-completion as may be indicated
therein) and Case Status Report as required by
paragraph B of this section immediately below
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B. Notice(s) to Court: Notice shall be filed in all civil cases
as hereinabove defined and as provided below.
(1) Notice of Completion of Service of Process (or
non-completion as may be indicated therein) and Case
Status Report:
a In all circuit civil cases, county civil cases, and
small claims cases wherein the rules of civil
procedure have been ordered invoked, the Plaintiff
SHALL provide the presiding judge Notice that all
named parties have been served with process OR
have not been served in addition to other requested
information. Said Notice shall be in form
substantially similar to that attached to this order.
b Notice of Completion of Service of Process
(or non-completion as may be indicated therein)
and Case Status Report shall be filed with the court
and a copy submitted to the presiding judge by
emailing the notice to the judge’s judicial assistant.
Judicial assistant email addresses are available on
the Court’s website at
https: //www.circuit5.org/courts-judges,
c. Exception/CMO/Agreed Case Management
Plan. If a Case Management Order (“CMO”) as
referenced below that is in compliance herewith has
been previously entered, either pursuant to entry by
the presiding judge after prior review of the
applicable civil case OR prior entry of a CMO
adopting a stipulated Civil Case Management Plan by
the parties, then the filing of a Notice of Completion
of Service of Process and Case Status Report by the
Plaintiff shall NOT be required.
gon
¢ The parties may stipulate and agree to a CMO
in compliance with the requirements herein,
which must be submitted for final approval by
the presiding judge. If the parties are in
agreement, then a “Civil Case Management
Plan” in a form substantially similar to the
attachment hereto shall be submitted to the
Court for subsequent entry of a stipulated Case
Management Order (“CMO”) pursuant thereto
and adopting the Civil Case Management Plan.
(2) Time for Filing Notice of Completion of Service of
Process and Case Status Report:
a Cases filed on or after April 30, 2021 (“new”
cases): No later than ten (10) days after the date the
final defendant is served with process. If service on
all defendants has NOT been completed within 120
days of filing OR within any extension of time for
service of process, the Notice of Completion of Service
of Process and Case Status Report must be filed
within ten (10) days of the expiration of 120 days OR
the date of expiration of any extension for service.
b Cases filed before April 30, 2021 (‘existing”
cases):
i, If the 120 day time limit for Service of
Process has not expired pursuant to Florida
Rules of Civil Procedure, no later than ten (10)
days after the date the final defendant is served
with process. If service on all defendants has
NOT been completed within 120 days of filing
OR within any extension of time for service of
process, the Notice of Completion of Service of
Process and Case Status Report must be filed
within ten (10) days of the expiration of 120
days OR the date of expiration of any extension
for service.
ogni
ii. For any case filed 120 days or more prior
to April 30, 2021, and for which extension of
time for service of process has not been
requested or the time for service pursuant to
any extension has either expired or not expired,
Plaintiff must file the Notice of Completion of
Service and Case Status Report not later than
June 30, 2021*. (*to allow for substantially
enough time for judicial review and entry of
CMOs on “existing” civil cases by December 3,
2021, as administratively mandated by the
Florida Supreme Court and which is anticipated
to be voluminous and judicial labor intensive).
c. Cases subject to a statutory stay or a
moratorium preventing the prosecution of the case, a
Notice of Completion of Service of Process and Case
Status Report shall be filed by the Plaintiff within 10
days from the lifting of the stay or moratorium.
(3) Failure to file Notice of Completion of
Service/Extension/Prior CMO - Case Management
Conference Required.
a. For cases filed on or after April 30, 2021 (“new”
cases), a case_management conference shall be
scheduled by the presiding judge unless a Notice of
Completion of Service of Process and Case Status
Report or extension of time to serve process is filed
within the time periods specified above; OR a Case
Management Order (“CMO”) in compliance herewith
has been previously entered, either pursuant to entry
by the presiding judge after prior review of the
applicable civil case or prior entry of a CMO adopting
a stipulated Civil Case Management Plan by the
parties.
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b. For cases filed prior to April 30, 2021 (“existing”
cases), a case_ management conference shall be
scheduled by the presiding judge unless a Notice of
Completion of Service and Case Status Report or
extension of time to serve process is filed within the
time periods specified above; OR a Case Management
Order (“CMO”) in compliance herewith has been
previously entered, either pursuant to entry by the
presiding judge after prior review of the applicable
civil case OR prior entry of a CMO adopting a
stipulated Case Management Plan by the parties, has
been filed on or before June 30, 2021. If either the
120 day time period within which to serve process or
prior grant of extension for service has not expired as
of June 30, 2021, and service of process is not yet
otherwise indicated to be completed, the required
Notice of Completion of Service (or non-completion as
may be indicated therein) and Case Status Report
shall still be filed and Case Management Conference
may be deferred by the Court pending completion of
service of process for later scheduling if required.
DACMS CASE MANAGEMENT ORDER (“CMO”)
(1) Identification of Differentiated Case Type: The
Case Management Order will designate the differentiated
case type either Complex, Streamlined, or General.
(2) The presiding judge shall issue a Case Management
Order (“CMO”) for each streamlined and general civil case
that is substantially similar in form to the Case
Management Order(s) attached hereto OR in such form in
compliance with the requirements herein as may be
otherwise provided for below related to already in use
forms that must comply with the requirements of this
order, or modified and amended to comply with this order,
that at a minimum specifies deadlines for the following:
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a) Service of Complaints
b) Service of Complaints under extensions
¢) Addition of new parties
d) Completion of fact and expert discovery
e) Objection to case differentiation
All objections to pleadings
8) Resolution of all pre-trial motions
h) Occurrence of mediation
(3) The CMO shall also specify the projected date of trial
and indicate that deadlines established by the CMO shall
be strictly enforced by the Court unless good cause be
shown. Failure to comply with deadlines may subject the
parties to sanctions, including but not limited to, striking
of discovery, witnesses, evidence, pleadings, imposition of
attorney fees, and/or dismissal. The CMO shall also
further indicate that a firm trial date will be ordered by
the presiding judge when the case is at issue pursuant to
Florida Rule of Civil Procedure 1.440.
(4) Completion Periods: The Case Management Order
shall include maximum periods (unless otherwise ordered
based upon showing of good cause) within which all case
events must be completed. The below maximum periods
are based on whether the civil case is streamlined, general,
or small claims (rules invoked) and are consistent with the
time standards specified in Florida Rule of General
Practice and Judicial Administration 2.250(a)(1)(B) for the
completion of civil cases.
oor
Streamlined Case
General Case
Events Completion
Completion Periods
Periods:
Within 120 days of Within 120 days of
Service of
filing of the filing of the
Complaints
complaint complaint
If extension for If extension for
service granted then service granted then
Service under
within 240 days within 240 days
Extensions
from the date of from the date of
filing of complaint filing of complaint
If extension for If extension for
service granted then service granted then
Addition of
within 240 days within 240 days
new parties
from the date of from the date of
filing complaint filing complaint
Completion of
Within 270 days Within 450 days
Fact and
after the complaint after the complaint
Expert
is filed is filed
Discovery
Objection to
Case Within 30 days Within 30 days
Differentiation
Objections to Within 45 days of Within 45 days of
pleadings filing filing
Resolution of
Prior to pre-trial Prior to pre-trial
all pre-trial
conference conference
motions
Within 270 days Within 450 days
Mediations after the complaint after the complaint
is filed is filed
Trial 12 Months 18 months
Small Claims 180 days from filing 180 days from filing
{all Rules to trial and final to trial and final
invoked) disposition disposition
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(5) Issuance of CMOs/Time for Filing:
a. Complex Cases: A Case Management Order
shall be issued in compliance with Florida Rules of
Civil Procedure, Rule 1.200.
b. Streamlined or General Cases: If the
streamlined or general civil case is:
i, Subject to dismissal for a lack of
prosecution pursuant to Florida Rule of Civil
Procedure 1.420(e), acase management order is
required only if the court determines that the
action should remain pending and shall be
issued within 30 days after such determination.
ii. Subject to a_ statutory stay or a
moratorium preventing the prosecution of the
case, the Case Management Order shall be
issued in a case filed:
¢ On or after April 30, 2021, within 45 days
after the stay or the moratorium ends or
within 30 days after service of the complaint
on the last of all named defendants,
whichever date is later; or
Before April 30, 2021, by December 3, 2021,
or within 45 days after the stay or the
moratorium ends, or within 30 days after
service of the complaint on the last of all
named defendants, whichever date is later.
¢« The Case Management Order shall address
each required deadline and the projected
date for trial if such event has not yet
occurred in the case or has not yet been
specified by other court order.
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iii. Not subject to a statutory stay or a
moratorium, the Case Management Order shall
be issued in a case filed:
¢ On or after April 30, 2021, within 20 days
after the filing of the Notice of Completion of
Service of Process and Case Status Report,
but no later than 30 days after service of the
complaint on the last of all named
defendants; or
Before April 30, 2021, by December 3, 2021,
as administratively mandated by the Florida
Supreme Court.
The CMO shall address each required
deadline and the projected date for trial if
such event has not yet occurred in the case
or has not yet been specified by other court
order.
Cc Time for Filing CMO When Case Management
Conference Required. If a Case Management
Conference is required due to failure to file a Notice
of Completion of Service of Process and Case Status
Report or no extension of time for service of process
or no previously entered Case Management Order in
compliance herewith, the Case Management Order
(“CMO”) shall be filed within thirty (30) days of the
date of Case Management Conference unless it is a
case filed before April 30, 2021, in which case the
Case Management Order shall be filed no later than
December 3, 2021, as administratively mandated by
the Florida Supreme Court.
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Existing in-use Civil Case Management Orders. The
undersigned is aware that presiding judges on civil dockets may
already have in use various forms for CMOs, Pre-Trial Orders,
and the like which address deadlines and other requirements.
Such orders may be used in the discretion of the presiding judge
as long as the deadlines and requirements specified herein and
as set forth in and required by Florida Supreme Court AOSC20-
23, Amendment 10, Section G, as further amended by
Amendments 11 and 12, are complied with in any such existing
form orders. Such existing in use form orders may be modified
and/or amended to conform with the requirements herein so
that any such form orders remaining in use as may be
necessary of modification to comply herewith shall become
uniform to the extent required by this administrative order and
Florida Supreme Court AOSC20-23, Amendment 10, Section G,
as further amended by Amendments 11 and 12. The presiding
judge may wish to address additional issues in their individual
CMOs, other than those required by this order, and the
presiding judge shall be free to do so in their discretion.
6. It shall be noted that the forms attached hereto are intended as
models. Any updates or modifications shall be posted and
available for viewing on the Court's website at
http: //www.circuitS.org. It shall be the responsibility of all
parties to civil cases to check the website for the most recent
forms to be used in conjunction with the Differentiated Active
Civil Case Management System and procedures.
7. This administrative order and time standards set forth or as
may be additionally set forth or modified and approved by the
Chief Judge are intended to facilitate the timely, fair and
effective resolution of civil cases while ensuring the efficient use
of court resources. The procedures and time standards do not
supplant any existing rule, statute, or law. Nothing herein shall
be construed as granting any rights not already provided for by
rule, statute, or law.
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8. This Order shall become effective April 30, 2021, and applies to
all civil cases identified herein and within the Fifth Circuit. To
the extent that any provision of this Administrative Order may
be construed as being in conflict with any rule, statute, or law,
the rule, statute, or law shall prevail.
This Order may be subject to amendment, modification,
revision, or rescission as the circumstances may require.
10. This Administrative Order shall become a “Standing Order” in
all new and existing civil cases within the Fifth Circuit in a
manner as may be determined reasonable and appropriate by
the Court. All attorneys and parties to civil cases within the
Fifth Circuit shall comply herewith.
DONE AND ORDERED in chambers in Brooksville, Hernando
County, Florida, this 2474 day of April 2021.
(oui
2 lef
Chief Judge
Fifth Judicial Circuit
042621.Civil.Case.Mgmt.AO
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Filing # 191800780 E-Filed 02/12/2024 08:02:45 PM BATE A IN THE FIFTH JUDICIAL CIRCUIT IN AND FOR THE STATE OF FLORIDA ADMINISTRATIVE ORDER: A-2021-13 ORDER ESTABLISHING AND IMPLEMENTING DIFFERENTIATED ACTIVE CIVIL CASE MANAGEMENT SYSTEM (“DACMS”) WHEREAS, the Florida Supreme Court has determined that Differentiated Active Civil Case Management (“DACMS”) is needed to maximize the resolution of civil cases and have mandated same upon the presiding judges of the Circuit and County Courts of the State of Florida, and; WHEREAS, the Florida Supreme Court recently issued AOSC20-23, Amendment 10, as amended further by Amendments 11 and 12, which required the Chief Judge in accordance with Section G thereof, to enter a local circuit-wide administrative order requiring the presiding judge(s) for each civil case within the Circuit to actively manage civil cases, and; WHEREAS, it is in the best interest of the citizens of the Fifth Judicial Circuit for the Court to develop innovative means to further improve the fair, predictable, efficient, and timely disposition of civil cases in the civil divisions of the Circuit and County Courts, and; WHEREAS, the implementation of a Differentiated Active Civil Case Management System is an innovative means to improve the disposition of cases in the civil divisions of the Courts of the Fifth Judicial Circuit, and; WHEREAS, local compliance with the mandates of Florida Supreme Court AOSC20-23, Amendment 10, Section G, as amended in Amendments 11 and 12, is required, and; 1 Electronically Filed Marion Case # 24CA000292AX 02/12/2024 08:02:45 PM por WHEREAS, pursuant to the requirements of AOSC20-23, as amended; the authority prescribed by Florida Rules of Judicial Administration, Rule 2.215; for the purpose of promoting the efficient administration of justice within the Fifth Judicial Circuit; and in required compliance with administrative orders of the Florida Supreme Court, IT IS THEREFORE, ADMINISTRATIVELY ORDERED as follows: 1, Each presiding judge for each civil case is hereby required to actively manage civil cases in accord with this order and attachments hereto. The term "civil case" means actions to which the Florida Rules of Civil Procedure apply, as identified in Florida Rule of Civil Procedure 1.010, and actions in which the court has ordered that the action proceed under one or more of the Florida Rules of Civil Procedure pursuant to Florida Small Claims Rule 7.020(c) if the deadline for the trial date specified in Florida Small Claims Rule 7.090(d) no longer applies in the action. The term “civil case” does not include actions subject to section 51.011, Florida Statutes (summary procedures by rule or statute), post-judgment proceedings, and writs to which Florida Rule of Civil Procedure 1.630 applies. Accordingly, there is hereby established within the Fifth Judicial Circuit a required Differentiated Active Civil Case Management System (“DACMS”) applicable to all civil cases for the implementation of enhanced case management procedures and guidelines for the timely and efficient processing of civil cases and reduction in the pending backlog of civil cases. ae phd pe It is intended that the Differentiated Active Civil Case Management System (“DACMS”) be implemented uniformly within the Fifth Judicial Circuit to the extent referenced herein which allows for continued usage of existing in use civil case management order forms as may be necessary of modification for compliance with the requirements herein. (See Page 13, Paragraph 5). 4. Unless otherwise authorized by the assigned presiding judge and also otherwise in compliance herewith and with the requirements of the Florida Supreme Court, civil cases requiring case management will proceed using a uniform case management system otherwise known as Differentiated Active Civil Case Management (“DACMS”). A. DACMS (Differentiated Case Types): (1) Each presiding Judge shall review cases assigned to them to differentiate each case according to type (either complex, streamlined, or general). Each civil case shall be reviewed to determine whether the case is complex, streamlined, or general using the following criteria: a. Complex: Complex civil cases are actions that have been or may be designated by court order as complex under Florida Rule of Civil Procedure 1.201. Upon such designation, the action shall proceed as provided in the rule. Presumptive Complex cases are as follows: ° Class Action Cases ° Environmental/Toxic Tort/ Mass Tort Litigation e Anti-Trust/Securities Litigation e Malpractice-Medical (or involving Wrongful Death) Nursing home negligence pom Other complex cases with extraordinary number of parties, witnesses, experts, and extensive or voluminous pretrial discovery issues Others as may be identified by the parties and/or identified and determined by the presiding judge pursuant to Florida Rule of Civil Procedure 1.201 b. Streamlined: Streamlined civil cases shall be identified based on criteria, including but not necessarily limited to, the following: whether the case involves only a few parties, non-complex issues related to liability and damages, few anticipated pretrial motions, limited need for discovery, few witnesses, minimal documentary evidence, and an anticipated trial length of less than two days Presumptive streamlined cases are as follows Residential and Commercial Foreclosure Simple, two-party Collection /Indebtedness Non-Jury cases Uncontested cases Others as may be identified by the parties and/or identified and determined by the presiding judge Cc. General: Everything not designated complex or streamlined, i.e., all other civil cases. (2) Judicial review to differentiate cases shall be assisted by the required filing by the Plaintiff and receipt by the presiding judge of a Notice of Completion of Service of Process (or non-completion as may be indicated therein) and Case Status Report as required by paragraph B of this section immediately below po” B. Notice(s) to Court: Notice shall be filed in all civil cases as hereinabove defined and as provided below. (1) Notice of Completion of Service of Process (or non-completion as may be indicated therein) and Case Status Report: a In all circuit civil cases, county civil cases, and small claims cases wherein the rules of civil procedure have been ordered invoked, the Plaintiff SHALL provide the presiding judge Notice that all named parties have been served with process OR have not been served in addition to other requested information. Said Notice shall be in form substantially similar to that attached to this order. b Notice of Completion of Service of Process (or non-completion as may be indicated therein) and Case Status Report shall be filed with the court and a copy submitted to the presiding judge by emailing the notice to the judge’s judicial assistant. Judicial assistant email addresses are available on the Court’s website at https: //www.circuit5.org/courts-judges, c. Exception/CMO/Agreed Case Management Plan. If a Case Management Order (“CMO”) as referenced below that is in compliance herewith has been previously entered, either pursuant to entry by the presiding judge after prior review of the applicable civil case OR prior entry of a CMO adopting a stipulated Civil Case Management Plan by the parties, then the filing of a Notice of Completion of Service of Process and Case Status Report by the Plaintiff shall NOT be required. gon ¢ The parties may stipulate and agree to a CMO in compliance with the requirements herein, which must be submitted for final approval by the presiding judge. If the parties are in agreement, then a “Civil Case Management Plan” in a form substantially similar to the attachment hereto shall be submitted to the Court for subsequent entry of a stipulated Case Management Order (“CMO”) pursuant thereto and adopting the Civil Case Management Plan. (2) Time for Filing Notice of Completion of Service of Process and Case Status Report: a Cases filed on or after April 30, 2021 (“new” cases): No later than ten (10) days after the date the final defendant is served with process. If service on all defendants has NOT been completed within 120 days of filing OR within any extension of time for service of process, the Notice of Completion of Service of Process and Case Status Report must be filed within ten (10) days of the expiration of 120 days OR the date of expiration of any extension for service. b Cases filed before April 30, 2021 (‘existing” cases): i, If the 120 day time limit for Service of Process has not expired pursuant to Florida Rules of Civil Procedure, no later than ten (10) days after the date the final defendant is served with process. If service on all defendants has NOT been completed within 120 days of filing OR within any extension of time for service of process, the Notice of Completion of Service of Process and Case Status Report must be filed within ten (10) days of the expiration of 120 days OR the date of expiration of any extension for service. ogni ii. For any case filed 120 days or more prior to April 30, 2021, and for which extension of time for service of process has not been requested or the time for service pursuant to any extension has either expired or not expired, Plaintiff must file the Notice of Completion of Service and Case Status Report not later than June 30, 2021*. (*to allow for substantially enough time for judicial review and entry of CMOs on “existing” civil cases by December 3, 2021, as administratively mandated by the Florida Supreme Court and which is anticipated to be voluminous and judicial labor intensive). c. Cases subject to a statutory stay or a moratorium preventing the prosecution of the case, a Notice of Completion of Service of Process and Case Status Report shall be filed by the Plaintiff within 10 days from the lifting of the stay or moratorium. (3) Failure to file Notice of Completion of Service/Extension/Prior CMO - Case Management Conference Required. a. For cases filed on or after April 30, 2021 (“new” cases), a case_management conference shall be scheduled by the presiding judge unless a Notice of Completion of Service of Process and Case Status Report or extension of time to serve process is filed within the time periods specified above; OR a Case Management Order (“CMO”) in compliance herewith has been previously entered, either pursuant to entry by the presiding judge after prior review of the applicable civil case or prior entry of a CMO adopting a stipulated Civil Case Management Plan by the parties. yar b. For cases filed prior to April 30, 2021 (“existing” cases), a case_ management conference shall be scheduled by the presiding judge unless a Notice of Completion of Service and Case Status Report or extension of time to serve process is filed within the time periods specified above; OR a Case Management Order (“CMO”) in compliance herewith has been previously entered, either pursuant to entry by the presiding judge after prior review of the applicable civil case OR prior entry of a CMO adopting a stipulated Case Management Plan by the parties, has been filed on or before June 30, 2021. If either the 120 day time period within which to serve process or prior grant of extension for service has not expired as of June 30, 2021, and service of process is not yet otherwise indicated to be completed, the required Notice of Completion of Service (or non-completion as may be indicated therein) and Case Status Report shall still be filed and Case Management Conference may be deferred by the Court pending completion of service of process for later scheduling if required. DACMS CASE MANAGEMENT ORDER (“CMO”) (1) Identification of Differentiated Case Type: The Case Management Order will designate the differentiated case type either Complex, Streamlined, or General. (2) The presiding judge shall issue a Case Management Order (“CMO”) for each streamlined and general civil case that is substantially similar in form to the Case Management Order(s) attached hereto OR in such form in compliance with the requirements herein as may be otherwise provided for below related to already in use forms that must comply with the requirements of this order, or modified and amended to comply with this order, that at a minimum specifies deadlines for the following: 8 oon a) Service of Complaints b) Service of Complaints under extensions ¢) Addition of new parties d) Completion of fact and expert discovery e) Objection to case differentiation All objections to pleadings 8) Resolution of all pre-trial motions h) Occurrence of mediation (3) The CMO shall also specify the projected date of trial and indicate that deadlines established by the CMO shall be strictly enforced by the Court unless good cause be shown. Failure to comply with deadlines may subject the parties to sanctions, including but not limited to, striking of discovery, witnesses, evidence, pleadings, imposition of attorney fees, and/or dismissal. The CMO shall also further indicate that a firm trial date will be ordered by the presiding judge when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440. (4) Completion Periods: The Case Management Order shall include maximum periods (unless otherwise ordered based upon showing of good cause) within which all case events must be completed. The below maximum periods are based on whether the civil case is streamlined, general, or small claims (rules invoked) and are consistent with the time standards specified in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B) for the completion of civil cases. oor Streamlined Case General Case Events Completion Completion Periods Periods: Within 120 days of Within 120 days of Service of filing of the filing of the Complaints complaint complaint If extension for If extension for service granted then service granted then Service under within 240 days within 240 days Extensions from the date of from the date of filing of complaint filing of complaint If extension for If extension for service granted then service granted then Addition of within 240 days within 240 days new parties from the date of from the date of filing complaint filing complaint Completion of Within 270 days Within 450 days Fact and after the complaint after the complaint Expert is filed is filed Discovery Objection to Case Within 30 days Within 30 days Differentiation Objections to Within 45 days of Within 45 days of pleadings filing filing Resolution of Prior to pre-trial Prior to pre-trial all pre-trial conference conference motions Within 270 days Within 450 days Mediations after the complaint after the complaint is filed is filed Trial 12 Months 18 months Small Claims 180 days from filing 180 days from filing {all Rules to trial and final to trial and final invoked) disposition disposition 10 ont (5) Issuance of CMOs/Time for Filing: a. Complex Cases: A Case Management Order shall be issued in compliance with Florida Rules of Civil Procedure, Rule 1.200. b. Streamlined or General Cases: If the streamlined or general civil case is: i, Subject to dismissal for a lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e), acase management order is required only if the court determines that the action should remain pending and shall be issued within 30 days after such determination. ii. Subject to a_ statutory stay or a moratorium preventing the prosecution of the case, the Case Management Order shall be issued in a case filed: ¢ On or after April 30, 2021, within 45 days after the stay or the moratorium ends or within 30 days after service of the complaint on the last of all named defendants, whichever date is later; or Before April 30, 2021, by December 3, 2021, or within 45 days after the stay or the moratorium ends, or within 30 days after service of the complaint on the last of all named defendants, whichever date is later. ¢« The Case Management Order shall address each required deadline and the projected date for trial if such event has not yet occurred in the case or has not yet been specified by other court order. 11 go iii. Not subject to a statutory stay or a moratorium, the Case Management Order shall be issued in a case filed: ¢ On or after April 30, 2021, within 20 days after the filing of the Notice of Completion of Service of Process and Case Status Report, but no later than 30 days after service of the complaint on the last of all named defendants; or Before April 30, 2021, by December 3, 2021, as administratively mandated by the Florida Supreme Court. The CMO shall address each required deadline and the projected date for trial if such event has not yet occurred in the case or has not yet been specified by other court order. Cc Time for Filing CMO When Case Management Conference Required. If a Case Management Conference is required due to failure to file a Notice of Completion of Service of Process and Case Status Report or no extension of time for service of process or no previously entered Case Management Order in compliance herewith, the Case Management Order (“CMO”) shall be filed within thirty (30) days of the date of Case Management Conference unless it is a case filed before April 30, 2021, in which case the Case Management Order shall be filed no later than December 3, 2021, as administratively mandated by the Florida Supreme Court. 12 vor Existing in-use Civil Case Management Orders. The undersigned is aware that presiding judges on civil dockets may already have in use various forms for CMOs, Pre-Trial Orders, and the like which address deadlines and other requirements. Such orders may be used in the discretion of the presiding judge as long as the deadlines and requirements specified herein and as set forth in and required by Florida Supreme Court AOSC20- 23, Amendment 10, Section G, as further amended by Amendments 11 and 12, are complied with in any such existing form orders. Such existing in use form orders may be modified and/or amended to conform with the requirements herein so that any such form orders remaining in use as may be necessary of modification to comply herewith shall become uniform to the extent required by this administrative order and Florida Supreme Court AOSC20-23, Amendment 10, Section G, as further amended by Amendments 11 and 12. The presiding judge may wish to address additional issues in their individual CMOs, other than those required by this order, and the presiding judge shall be free to do so in their discretion. 6. It shall be noted that the forms attached hereto are intended as models. Any updates or modifications shall be posted and available for viewing on the Court's website at http: //www.circuitS.org. It shall be the responsibility of all parties to civil cases to check the website for the most recent forms to be used in conjunction with the Differentiated Active Civil Case Management System and procedures. 7. This administrative order and time standards set forth or as may be additionally set forth or modified and approved by the Chief Judge are intended to facilitate the timely, fair and effective resolution of civil cases while ensuring the efficient use of court resources. The procedures and time standards do not supplant any existing rule, statute, or law. Nothing herein shall be construed as granting any rights not already provided for by rule, statute, or law. 13 gt 8. This Order shall become effective April 30, 2021, and applies to all civil cases identified herein and within the Fifth Circuit. To the extent that any provision of this Administrative Order may be construed as being in conflict with any rule, statute, or law, the rule, statute, or law shall prevail. This Order may be subject to amendment, modification, revision, or rescission as the circumstances may require. 10. This Administrative Order shall become a “Standing Order” in all new and existing civil cases within the Fifth Circuit in a manner as may be determined reasonable and appropriate by the Court. All attorneys and parties to civil cases within the Fifth Circuit shall comply herewith. DONE AND ORDERED in chambers in Brooksville, Hernando County, Florida, this 2474 day of April 2021. (oui 2 lef Chief Judge Fifth Judicial Circuit 042621.Civil.Case.Mgmt.AO 14