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Filing # 195868644 E-Filed 04/10/2024 10:18:48 AM
ADMINISTRATIVE ORDER IN THE CIRCUIT COURT OF THE
NO. 2021-04-02 NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE AND OSCEOLA
COUNTIES, FLORIDA
AMENDED ORDER GOVERNING CIVIL CASE MANAGEMENT AND RESOLUTION
WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26,
Florida Statutes, the Chief Judge of each judicial circuit is charged with the authority and the power to
do everything necessary to promote the prompt and efficient administration of justice; and
WHEREAS, pursuant to the Chief Judge’s constitutional and statutory responsibility for
administrative supervision of the courts within the circuit and considering available resources, to create
and maintain an organization capable of effecting the efficient, prompt, and proper administration of
justice for the citizens of this State, the Chief Judge is required to exercise direction, see Fla. R. Gen.
Prac. & Jud. Admin. 2.215(b)(2), (b)(3); and
WHEREAS, on April 13, 2021, Chief Justice Charles T. Canady issued Administrative Order
No. AOSC20-23 (Amendment 12) 1, In Re: Comprehensive COVID-19 Emergency Measures for Florida
Trial Courts, requiring Chief Judges to issue an administrative order requiring the presiding judge for
each civil case 2 to actively manage civil cases in the manner set forth therein to maximize the resolution
of cases; and
1
Administrative Order No. AOSC20-23 terminated at 12:01 a.m. on June 21, 2021 and was replaced by
Administrative Order No. AOSC21-17.
2
As used in this Order, 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, but does not include actions subject to section 51.011,
Florida Statutes, post-judgment proceedings, and writs to which Florida Rule of Civil Procedure 1.630
applies. See Florida Rule of Civil Procedure 1.010 (stating that the Florida Rules of Civil Procedure
“apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and
county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of
Procedure, or the Small Claims Rules apply.”); Florida Small Claims Rule 7.020(c) (stating that “In any
particular action, the court may order that action to proceed under 1 or more additional Florida Rules of
Civil Procedure on application of any party or the stipulation of all parties or on the court's own
motion.”); Florida Small Claims Rule 7.090(d) (providing that the trial in a small claims action must be
set not more than 60 days from the date of the pretrial conference except as otherwise specified); Florida
Rule of Civil Procedure 1.630 (addressing actions for the issuance of writs of mandamus, prohibition,
quo warranto, and habeas corpus); and section 51.011, Florida Statutes (providing a summary procedure
for the resolution of certain actions when specified by statute or rule).
WHEREAS, the procedures established herein will improve the court’s ability as required by
Florida Rule of General Practice & Judicial Administration 2.545, to provide effective early and
continuous control of case processing to ensure fair and prompt resolution of disputes consistent with
the nature and complexity of the case and to respond to the growing number of commercial, business
and other economic based civil filings having a direct impact on economic recovery in the circuit; and
WHEREAS, these uniform procedures also provide for effective early judicial intervention and
management of complex cases consistent with Florida Rule of Civil Procedure 1.201 for managing
complex litigation and will reduce public costs of civil litigation through early identification and
expedited handling of relatively simple two-party cases to ensure prompt resolution of expedited
matters;
NOW, THEREFORE, I, Lisa T. Munyon, in order to facilitate the efficient operation of the
administration of justice, and pursuant to the authority vested in me as Chief Judge of the Ninth
Judicial Circuit of Florida under Florida Rule of General Practice and Judicial Administration 2.215,
hereby order that, effective immediately, unless otherwise provided herein, to continue until further
order, and superseding any provisions in prior Administrative Orders which may be inconsistent:
1. There is established in the Ninth Judicial Circuit a program for active, differentiated case
management of all civil cases, applicable to all currently filed civil cases and all newly filed civil cases
in the Circuit and County Courts.
2. Each civil case shall be reviewed by the Court to determine whether it is complex,
streamlined, or general. This Order does not apply to: (a) those cases assigned to Business Court
pursuant to Administrative Order(s) 2019-08-02 and 2004-03-04, as may be amended; (b) any civil case
designated as complex under Florida Rule of Civil Procedure 1.201; and (c) any civil case filed on or
before April 29, 2021 in which the Court has entered an order setting the case for pre-trial and/or trial, in
which event the dates and deadlines set forth therein shall govern the progress of the case.
a. 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.
b. Streamlined civil cases shall be identified based on the following criteria:
i. few parties
ii. non-complex issues related to liability and damages
iii. few anticipated pretrial motions
iv. limited need for discovery
v. few witnesses
vi. minimal documentary evidence
vii. anticipated trial length of less than two days
Page 2 of 24
viii. non-jury trial is sought by the parties
and have been identified according to the following case types and sub-types (consistent with
designation on the Initial Cover Sheet required at filing):
Circuit court: Ch. 718, Condominium Association Lawsuit, Any Constitutional
Challenge, Distress, Replevin, Any Foreclosure, and Any Other Real Property Actions
County court: Other Civil – Non Monetary, Any Replevin, Any Foreclosure,
Personal Injury Protection (and other first party insurance claims), and Small Claims (if the rules of civil
procedure have been invoked).
c. General civil cases are all civil cases other than complex cases and streamlined cases.
3. FOR CASES FILED ON OR AFTER APRIL 30, 2021: In consultation with the presiding
judges the Court has developed, for entry in each case filed on or after April 30, 2021, a Standing Case
Management Plan/Order for streamlined and general civil cases (attached as Exhibit “A” and Exhibit
“B” to this Order). Electronic versions of the Standing Case Management Plan/Order for streamlined
and general civil cases can be found under Quick Links on the home page for the Ninth Judicial Circuit,
the Miscellaneous category, and then the Civil Case Management tab.
The Standing Case Management Plan/Order specifies, at a minimum, the deadlines for service of
complaints, service under extensions, and adding new parties and the deadlines by which: fact and
expert discovery shall be completed; all objections to pleadings and pretrial motions shall be resolved;
and mediation shall have occurred. The Standing Case Management Plan/Order also specifies the
projected date of trial; indicates that the deadlines established in the order will be strictly enforced by the
court; and indicates 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.
The plaintiff shall, at the outset and based on the definitions in paragraph 2 above, determine the
applicable form of Standing Case Management Plan/Order (General or Streamlined). Plaintiff shall file
the applicable Standing Case Management Plan/Order in the case at the same time as the civil cover
sheet, complaint and summons(es). The Clerk of Court is directed not to issue summonses in any case
in which the Standing Case Management Plan/Order has not been filed. The Clerk of Court shall notify
the filer that the summons is not being accepted for filing until the Standing Case Management
Plan/Order has been filed. Any party serving an initial pleading (complaint, third-party complaint, etc.)
in the case shall serve a copy of the appropriate Standing Case Management Plan/Order together with
initial service of process to each defendant.
Parties seeking to have a case designated as complex shall initially file and serve the Standing
Case Management Plan/Order (General) and thereafter comply with Florida Rule of Civil Procedure
Rule 1.201(a) by filing an appropriate motion to declare the case complex.
4. FOR CASES FILED BEFORE APRIL 30, 2021: Except as noted below, for those cases
filed before April 30, 2021, the Court shall issue a Notice of Case Management Plan Requirement to the
parties in each case requiring the parties to meet and confer and agree upon a case management plan that
complies with the time standards as set forth in Florida Rule of General Practice and Judicial
Administration 2.545(a) and (b). Parties must use the applicable proposed Agreed Case Management
Page 3 of 24
Plan and Order (attached as Exhibit “C” and Exhibit “D” to this Order) and submit the completed case
management plan to the presiding judge for review and approval. Electronic versions of the Agreed
Case Management Plan and Order for streamlined and general civil cases can be found under Quick
Links on the home page for the Ninth Judicial Circuit, the Miscellaneous category, and then the Civil
Case Management tab.
The case management plan shall address each deadline identified under Paragraph 3 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. If the parties cannot reach an agreement, they shall submit their proposed case
management plans to the presiding judge who will either determine and order an appropriate plan, or set
a case management conference for no later than November 15, 2021.
For “civil cases” in the small claims or county court divisions, in which all parties are self-
represented, the Court shall issue, file and serve upon the parties the appropriate Case Management Plan
and Order applicable to the case. The Case Management Plan and Order must address each deadline
identified under Paragraph 3 and the projected date for trial and must be issued by December 3, 2021.
The parties shall comply with the terms and conditions of the Case Management Plan and Order.
5. If the streamlined or general civil case is:
a. Subject to dismissal for a lack of prosecution pursuant to Florida Rule of Civil
Procedure 1.420(e), a case 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.
b. 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:
i. 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
ii. Before April 30, 2021 - by December 3, 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. The case management order shall address each deadline identified
under Paragraph 3 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.
c. Not subject to a statutory stay or a moratorium, the case management order shall be
issued in a case filed:
i. On or after April 30, 2021 - within 30 days after service of the complaint on the
last of all named defendants; or
ii. Before April 30, 2021 - the case management order shall be issued by
December 3, 2021. The case management order shall address each deadline identified under Paragraph
3 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.
Page 4 of 24
6. 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, the following maximum periods within
which the deadlines required by Paragraph 3 of this Order and the projected date of trial shall be set in
the case management order are established:
a. Streamlined Cases – 12 months.
b. General Cases – 18 months.
7. All judges within the Circuit are directed to strictly comply with Florida Rule of General
Practice and Judicial Administration 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.
8. Counsel must strictly comply with Florida Rule of General Practice and Judicial
Administration 2.545(a), which requires lawyers to conclude litigation as soon as it is reasonably and
justly possible to do so, and that the pandemic alone is not a basis for a lawyer’s failure to prepare a case
for trial or otherwise actively manage a case.
25th of April, 2022.
DONE AND ORDERED at Orlando, Florida, this _____
_________________________
Lisa T. Munyon
Chief Judge
Copies provided to:
Clerk of Court, Orange County
Clerk of Court, Osceola County
General E-Mail Distribution List
http://www.ninthcircuit.org
Page 5 of 24
Exhibit “B”
IN THE COUNTY/CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT, IN
AND FOR ORANGE AND OSCEOLA
COUNTY, FLORIDA
IN RE: CIVIL CASE MANAGEMENT
PLAN AND ORDER
/
STANDING CASE MANAGEMENT PLAN/ORDER
(General Track)
PURSUANT TO In re: Comprehensive COVID-19 Emergency Measures for
Florida Trial Courts, Fla. Admin. Order No. AOSC20-23 (Amendment 12) 1 (April 13,
2021), and Ninth Judicial Circuit Court Administrative Order No. 2021-04-01
(collectively the “Case Management Administrative Orders”), this case is before the
Court for case management. Based on the case type of the initial filing in this case, the
Case Management Administrative Orders, and pursuant to Rule 2.545, Fla. R. Gen.
Prac. & Jud. Admin., the Court hereby establishes a case management plan. It is
hereby
ORDERED that:
1. COMPLIANCE WITH THIS CASE MANAGEMENT PLAN/ORDER: The
parties shall strictly comply with the terms of this Case Management Plan/Order, unless
otherwise ordered by the Court. FAILURE TO COMPLY WITH ALL REQUIREMENTS
OF THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS. If the parties
believe that an alternate plan is required or more appropriate, then the parties shall
meet, confer and agree on a plan that complies with the time standards set forth in Rule
2.250, Fla. R. Gen. Prac. & Jud. Admin. The parties may submit an agreed upon plan
to the division judge for consideration, or set the matter for a case management
conference.
2. ADDITIONAL NINTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES:
All counsel and unrepresented parties shall familiarize themselves and comply with the
requirements of the following: (i) Amended Administrative Order Establishing the
Ninth Judicial Circuit Court Circuit Civil Court Guidelines (AO 2012-03-01); (ii)
Amended Administrative Order Establishing the Ninth Judicial Circuit Courtroom
Decorum Policy (AO 2003-07-02) (iii) Amended Administrative Order Establishing
the Ninth Judicial Circuit Court County Civil Court Guidelines, Orange County
(AO2017-04-01) and (iv) any division-specific guidelines that may be applicable.
1 Administrative Order No. AOSC20-23 terminated at 12:01 a.m. on June 21, 2021 and was
replaced by Administrative Order No. AOSC21-17.
3. MODIFICATION OF THIS ORDER: The parties may not, individually or
by agreement, alter or extend the deadlines in this Order, or waive any of the provisions
of this Order. The provisions of this Order may be modified only upon motion/stipulation
and Court order in accordance with applicable law.
4. SERVICE OF THIS ORDER WITH INITIAL PROCESS: Pursuant to the
Case Management Orders, the Plaintiff shall file a copy of this Order in the case. Any
party serving an initial pleading (complaint, third-party complaint, etc.) in this case shall
serve a copy of this Order together with initial service of process.
CASE MANAGEMENT PLAN – GENERAL TRACK
Note: All dates are to be calculated from the date of filing of the initial complaint unless
otherwise noted.
Deadline for Service of Process: 120 days
Deadline for Service of Process extended 150 days, failing same, all unserved
if not accomplished within 120 days: defendants are dismissed without
prejudice
Deadline for Leave to Add Parties and Motions must be set for hearing and
Amend Pleadings: heard within 90 days from service on the
last defendant, or deemed abandoned
and denied
Motions to Dismiss, Motions for More Must be set for hearing and heard within
Definite Statement, Motions to Strike and 60 days from filing of the
any objections to the pleadings: motion/objection, or deemed abandoned
and denied. Non-movant shall timely
submit a proposed order in the event the
motion/objection is deemed abandoned
and denied
Deadline for Completion of Fact and 450 days
Expert Discovery: (additional disclosure and discovery
deadlines will be established by the
Uniform Order Setting Pre-Trial and Trial
in the case)
Pre-trial Motions, including Dispositive Must be filed no later than 15 days after
and Daubert Motions completion of discovery and heard no
later than 7 days prior to the pre-trial
conference, or deemed abandoned and
denied
Mediation/Alternative Dispute Resolution Within 30 days after completion of the
depositions of all parties, counsel shall
meet and confer regarding whether an
early mediation would be productive to
resolution of certain issues or the entire
case. A final mediation shall occur no
later than 30 days after completion of all
discovery
Approximate Pre-Trial Conference: 17 months
Actual Date to be set by Trial Order
Approximate Trial Date: 18 months
Actual date to be set by Trial Order
5. NOTICES FOR TRIAL: Within ten (10) days of the case being at issue as defined
by Rule 1.440, Fla. R. Civ. P., the Plaintiff shall confer with opposing counsel/party
regarding the anticipated length of trial and file a Notice for Trial. The Plaintiff shall
forward a copy of the Notice for Trial to the Judicial Assistant at the Division email
address noted on the Ninth Circuit website.
6. DISCOVERY: All counsel and unrepresented parties shall familiarize themselves
with the current edition of the Florida Handbook on Civil Discovery Practice and seek
to resolve discovery issues without court intervention whenever possible.
7. SETTLEMENT: The case will not be removed from the docket until all documents
necessary for closure of the case are filed with the Clerk and notification has been
provided to the judicial assistant. A notice of settlement is not sufficient to remove
the case from the trial docket.
DONE AND ORDERED in Orange/Osceola County, Florida.
___________________________________
Chief Judge
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact the ADA
Coordinator in your county at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days. If you are hearing
or voice impaired, call 711.
ORANGE COUNTY: Human Resources, Orange County Courthouse,
425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303
OSCEOLA COUNTY: Court Administration, Osceola County
Courthouse, 2 Courthouse Square, Suite 6300, Kissimmee, Florida,
(407) 742-2417
REV 04/29/2021
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Filing # 195868644 E-Filed 04/10/2024 10:18:48 AM ADMINISTRATIVE ORDER IN THE CIRCUIT COURT OF THE NO. 2021-04-02 NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA AMENDED ORDER GOVERNING CIVIL CASE MANAGEMENT AND RESOLUTION WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26, Florida Statutes, the Chief Judge of each judicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice; and WHEREAS, pursuant to the Chief Judge’s constitutional and statutory responsibility for administrative supervision of the courts within the circuit and considering available resources, to create and maintain an organization capable of effecting the efficient, prompt, and proper administration of justice for the citizens of this State, the Chief Judge is required to exercise direction, see Fla. R. Gen. Prac. & Jud. Admin. 2.215(b)(2), (b)(3); and WHEREAS, on April 13, 2021, Chief Justice Charles T. Canady issued Administrative Order No. AOSC20-23 (Amendment 12) 1, In Re: Comprehensive COVID-19 Emergency Measures for Florida Trial Courts, requiring Chief Judges to issue an administrative order requiring the presiding judge for each civil case 2 to actively manage civil cases in the manner set forth therein to maximize the resolution of cases; and 1 Administrative Order No. AOSC20-23 terminated at 12:01 a.m. on June 21, 2021 and was replaced by Administrative Order No. AOSC21-17. 2 As used in this Order, 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, but does not include actions subject to section 51.011, Florida Statutes, post-judgment proceedings, and writs to which Florida Rule of Civil Procedure 1.630 applies. See Florida Rule of Civil Procedure 1.010 (stating that the Florida Rules of Civil Procedure “apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply.”); Florida Small Claims Rule 7.020(c) (stating that “In any particular action, the court may order that action to proceed under 1 or more additional Florida Rules of Civil Procedure on application of any party or the stipulation of all parties or on the court's own motion.”); Florida Small Claims Rule 7.090(d) (providing that the trial in a small claims action must be set not more than 60 days from the date of the pretrial conference except as otherwise specified); Florida Rule of Civil Procedure 1.630 (addressing actions for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus); and section 51.011, Florida Statutes (providing a summary procedure for the resolution of certain actions when specified by statute or rule). WHEREAS, the procedures established herein will improve the court’s ability as required by Florida Rule of General Practice & Judicial Administration 2.545, to provide effective early and continuous control of case processing to ensure fair and prompt resolution of disputes consistent with the nature and complexity of the case and to respond to the growing number of commercial, business and other economic based civil filings having a direct impact on economic recovery in the circuit; and WHEREAS, these uniform procedures also provide for effective early judicial intervention and management of complex cases consistent with Florida Rule of Civil Procedure 1.201 for managing complex litigation and will reduce public costs of civil litigation through early identification and expedited handling of relatively simple two-party cases to ensure prompt resolution of expedited matters; NOW, THEREFORE, I, Lisa T. Munyon, in order to facilitate the efficient operation of the administration of justice, and pursuant to the authority vested in me as Chief Judge of the Ninth Judicial Circuit of Florida under Florida Rule of General Practice and Judicial Administration 2.215, hereby order that, effective immediately, unless otherwise provided herein, to continue until further order, and superseding any provisions in prior Administrative Orders which may be inconsistent: 1. There is established in the Ninth Judicial Circuit a program for active, differentiated case management of all civil cases, applicable to all currently filed civil cases and all newly filed civil cases in the Circuit and County Courts. 2. Each civil case shall be reviewed by the Court to determine whether it is complex, streamlined, or general. This Order does not apply to: (a) those cases assigned to Business Court pursuant to Administrative Order(s) 2019-08-02 and 2004-03-04, as may be amended; (b) any civil case designated as complex under Florida Rule of Civil Procedure 1.201; and (c) any civil case filed on or before April 29, 2021 in which the Court has entered an order setting the case for pre-trial and/or trial, in which event the dates and deadlines set forth therein shall govern the progress of the case. a. 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. b. Streamlined civil cases shall be identified based on the following criteria: i. few parties ii. non-complex issues related to liability and damages iii. few anticipated pretrial motions iv. limited need for discovery v. few witnesses vi. minimal documentary evidence vii. anticipated trial length of less than two days Page 2 of 24 viii. non-jury trial is sought by the parties and have been identified according to the following case types and sub-types (consistent with designation on the Initial Cover Sheet required at filing): Circuit court: Ch. 718, Condominium Association Lawsuit, Any Constitutional Challenge, Distress, Replevin, Any Foreclosure, and Any Other Real Property Actions County court: Other Civil – Non Monetary, Any Replevin, Any Foreclosure, Personal Injury Protection (and other first party insurance claims), and Small Claims (if the rules of civil procedure have been invoked). c. General civil cases are all civil cases other than complex cases and streamlined cases. 3. FOR CASES FILED ON OR AFTER APRIL 30, 2021: In consultation with the presiding judges the Court has developed, for entry in each case filed on or after April 30, 2021, a Standing Case Management Plan/Order for streamlined and general civil cases (attached as Exhibit “A” and Exhibit “B” to this Order). Electronic versions of the Standing Case Management Plan/Order for streamlined and general civil cases can be found under Quick Links on the home page for the Ninth Judicial Circuit, the Miscellaneous category, and then the Civil Case Management tab. The Standing Case Management Plan/Order specifies, at a minimum, the deadlines for service of complaints, service under extensions, and adding new parties and the deadlines by which: fact and expert discovery shall be completed; all objections to pleadings and pretrial motions shall be resolved; and mediation shall have occurred. The Standing Case Management Plan/Order also specifies the projected date of trial; indicates that the deadlines established in the order will be strictly enforced by the court; and indicates 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. The plaintiff shall, at the outset and based on the definitions in paragraph 2 above, determine the applicable form of Standing Case Management Plan/Order (General or Streamlined). Plaintiff shall file the applicable Standing Case Management Plan/Order in the case at the same time as the civil cover sheet, complaint and summons(es). The Clerk of Court is directed not to issue summonses in any case in which the Standing Case Management Plan/Order has not been filed. The Clerk of Court shall notify the filer that the summons is not being accepted for filing until the Standing Case Management Plan/Order has been filed. Any party serving an initial pleading (complaint, third-party complaint, etc.) in the case shall serve a copy of the appropriate Standing Case Management Plan/Order together with initial service of process to each defendant. Parties seeking to have a case designated as complex shall initially file and serve the Standing Case Management Plan/Order (General) and thereafter comply with Florida Rule of Civil Procedure Rule 1.201(a) by filing an appropriate motion to declare the case complex. 4. FOR CASES FILED BEFORE APRIL 30, 2021: Except as noted below, for those cases filed before April 30, 2021, the Court shall issue a Notice of Case Management Plan Requirement to the parties in each case requiring the parties to meet and confer and agree upon a case management plan that complies with the time standards as set forth in Florida Rule of General Practice and Judicial Administration 2.545(a) and (b). Parties must use the applicable proposed Agreed Case Management Page 3 of 24 Plan and Order (attached as Exhibit “C” and Exhibit “D” to this Order) and submit the completed case management plan to the presiding judge for review and approval. Electronic versions of the Agreed Case Management Plan and Order for streamlined and general civil cases can be found under Quick Links on the home page for the Ninth Judicial Circuit, the Miscellaneous category, and then the Civil Case Management tab. The case management plan shall address each deadline identified under Paragraph 3 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. If the parties cannot reach an agreement, they shall submit their proposed case management plans to the presiding judge who will either determine and order an appropriate plan, or set a case management conference for no later than November 15, 2021. For “civil cases” in the small claims or county court divisions, in which all parties are self- represented, the Court shall issue, file and serve upon the parties the appropriate Case Management Plan and Order applicable to the case. The Case Management Plan and Order must address each deadline identified under Paragraph 3 and the projected date for trial and must be issued by December 3, 2021. The parties shall comply with the terms and conditions of the Case Management Plan and Order. 5. If the streamlined or general civil case is: a. Subject to dismissal for a lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e), a case 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. b. 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: i. 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 ii. Before April 30, 2021 - by December 3, 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. The case management order shall address each deadline identified under Paragraph 3 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. c. Not subject to a statutory stay or a moratorium, the case management order shall be issued in a case filed: i. On or after April 30, 2021 - within 30 days after service of the complaint on the last of all named defendants; or ii. Before April 30, 2021 - the case management order shall be issued by December 3, 2021. The case management order shall address each deadline identified under Paragraph 3 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. Page 4 of 24 6. 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, the following maximum periods within which the deadlines required by Paragraph 3 of this Order and the projected date of trial shall be set in the case management order are established: a. Streamlined Cases – 12 months. b. General Cases – 18 months. 7. All judges within the Circuit are directed to strictly comply with Florida Rule of General Practice and Judicial Administration 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. 8. Counsel must strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly possible to do so, and that the pandemic alone is not a basis for a lawyer’s failure to prepare a case for trial or otherwise actively manage a case. 25th of April, 2022. DONE AND ORDERED at Orlando, Florida, this _____ _________________________ Lisa T. Munyon Chief Judge Copies provided to: Clerk of Court, Orange County Clerk of Court, Osceola County General E-Mail Distribution List http://www.ninthcircuit.org Page 5 of 24 Exhibit “B” IN THE COUNTY/CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTY, FLORIDA IN RE: CIVIL CASE MANAGEMENT PLAN AND ORDER / STANDING CASE MANAGEMENT PLAN/ORDER (General Track) PURSUANT TO In re: Comprehensive COVID-19 Emergency Measures for Florida Trial Courts, Fla. Admin. Order No. AOSC20-23 (Amendment 12) 1 (April 13, 2021), and Ninth Judicial Circuit Court Administrative Order No. 2021-04-01 (collectively the “Case Management Administrative Orders”), this case is before the Court for case management. Based on the case type of the initial filing in this case, the Case Management Administrative Orders, and pursuant to Rule 2.545, Fla. R. Gen. Prac. & Jud. Admin., the Court hereby establishes a case management plan. It is hereby ORDERED that: 1. COMPLIANCE WITH THIS CASE MANAGEMENT PLAN/ORDER: The parties shall strictly comply with the terms of this Case Management Plan/Order, unless otherwise ordered by the Court. FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS. If the parties believe that an alternate plan is required or more appropriate, then the parties shall meet, confer and agree on a plan that complies with the time standards set forth in Rule 2.250, Fla. R. Gen. Prac. & Jud. Admin. The parties may submit an agreed upon plan to the division judge for consideration, or set the matter for a case management conference. 2. ADDITIONAL NINTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES: All counsel and unrepresented parties shall familiarize themselves and comply with the requirements of the following: (i) Amended Administrative Order Establishing the Ninth Judicial Circuit Court Circuit Civil Court Guidelines (AO 2012-03-01); (ii) Amended Administrative Order Establishing the Ninth Judicial Circuit Courtroom Decorum Policy (AO 2003-07-02) (iii) Amended Administrative Order Establishing the Ninth Judicial Circuit Court County Civil Court Guidelines, Orange County (AO2017-04-01) and (iv) any division-specific guidelines that may be applicable. 1 Administrative Order No. AOSC20-23 terminated at 12:01 a.m. on June 21, 2021 and was replaced by Administrative Order No. AOSC21-17. 3. MODIFICATION OF THIS ORDER: The parties may not, individually or by agreement, alter or extend the deadlines in this Order, or waive any of the provisions of this Order. The provisions of this Order may be modified only upon motion/stipulation and Court order in accordance with applicable law. 4. SERVICE OF THIS ORDER WITH INITIAL PROCESS: Pursuant to the Case Management Orders, the Plaintiff shall file a copy of this Order in the case. Any party serving an initial pleading (complaint, third-party complaint, etc.) in this case shall serve a copy of this Order together with initial service of process. CASE MANAGEMENT PLAN – GENERAL TRACK Note: All dates are to be calculated from the date of filing of the initial complaint unless otherwise noted. Deadline for Service of Process: 120 days Deadline for Service of Process extended 150 days, failing same, all unserved if not accomplished within 120 days: defendants are dismissed without prejudice Deadline for Leave to Add Parties and Motions must be set for hearing and Amend Pleadings: heard within 90 days from service on the last defendant, or deemed abandoned and denied Motions to Dismiss, Motions for More Must be set for hearing and heard within Definite Statement, Motions to Strike and 60 days from filing of the any objections to the pleadings: motion/objection, or deemed abandoned and denied. Non-movant shall timely submit a proposed order in the event the motion/objection is deemed abandoned and denied Deadline for Completion of Fact and 450 days Expert Discovery: (additional disclosure and discovery deadlines will be established by the Uniform Order Setting Pre-Trial and Trial in the case) Pre-trial Motions, including Dispositive Must be filed no later than 15 days after and Daubert Motions completion of discovery and heard no later than 7 days prior to the pre-trial conference, or deemed abandoned and denied Mediation/Alternative Dispute Resolution Within 30 days after completion of the depositions of all parties, counsel shall meet and confer regarding whether an early mediation would be productive to resolution of certain issues or the entire case. A final mediation shall occur no later than 30 days after completion of all discovery Approximate Pre-Trial Conference: 17 months Actual Date to be set by Trial Order Approximate Trial Date: 18 months Actual date to be set by Trial Order 5. NOTICES FOR TRIAL: Within ten (10) days of the case being at issue as defined by Rule 1.440, Fla. R. Civ. P., the Plaintiff shall confer with opposing counsel/party regarding the anticipated length of trial and file a Notice for Trial. The Plaintiff shall forward a copy of the Notice for Trial to the Judicial Assistant at the Division email address noted on the Ninth Circuit website. 6. DISCOVERY: All counsel and unrepresented parties shall familiarize themselves with the current edition of the Florida Handbook on Civil Discovery Practice and seek to resolve discovery issues without court intervention whenever possible. 7. SETTLEMENT: The case will not be removed from the docket until all documents necessary for closure of the case are filed with the Clerk and notification has been provided to the judicial assistant. A notice of settlement is not sufficient to remove the case from the trial docket. DONE AND ORDERED in Orange/Osceola County, Florida. ___________________________________ Chief Judge If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator in your county at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 711. ORANGE COUNTY: Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303 OSCEOLA COUNTY: Court Administration, Osceola County Courthouse, 2 Courthouse Square, Suite 6300, Kissimmee, Florida, (407) 742-2417 REV 04/29/2021