On July 30, 2015 a
Court Motion,Standing Order
was filed
involving a dispute between
State Of Florida,
and
Flowers, Alphonso,
for Involuntary Civil Commitment of Sexually Violent Predators
in the District Court of Broward County.
Preview
4" FILED: BROWARD COUNTY. FL Howard C. Forman, CLERK 8/7/2015 11:58:44 AM.****
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. 15-13132 (07)
DIVISION 07- JUDGE TUTER
SEVENTEENTHJUDICIAL
CIRCUIT UNIFORM TRIAL ORDER
PETITIONS FOR
IN RE: THE COMMITMENT OF: INVOLUNTARY CIVIL
COMMITMENT OF SEXUALLY
ALPHONSO FLOWERS, VIOLENT PREDATORS
Respondent.
/
TRIAL DATE: SEPTEMBER 2N°, 2015 @ 9:30 AM
_X_JURY __NON-JURY
The court has determined this case is ready for trial pursuant to Fla. R. Civ. P. -S.V-P.
4.240. The case is set for trial before the undersigned Judge in Courtroom 970, Broward
County Courthouse, 201 S.E. 6t Street, Fort Lauderdale, Florida as stated above.
The following requirements are imposed on all parties by the Court:
L NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL - EXPERT WITNESSES
DISCLOSURE (Filed with the Clerk and served on all counsel) The parties shall furnish
opposing counsel with the names and addresses, along with complete and updated
curriculum vitae of all expert witnesses to be called at trial; and all information regarding
expert testimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnish opposing
counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of
taking their deposition. Both sides shall cooperate in the scheduling of such expert
depositions. By agreement counsel for Respondent may waive deposition discovery. of any
expert.
I. NO LATER THAN FIFTEEN (15) DAYS PRIOR TO TRIAL --MEDICAL EVALUATIONS:
All medical evaluations and other examinations pursuant to Fla. R. Civ. P. 1.360 shall have
been completed, unless counsel for the State and Respondent mutually agree to extend the
time.
Ul. NO LATER THAN FIFTEEN (15) DAYS PRIOR TO TRIAL: _ All final discovery shall have
been initiated. By agreement the State and counsel for Respondent may alter this time frame
if justice so requires.
Page 1 of 4
on’IV. FIVE(5) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery
depositions or testimony preserved by video of witnesses or experts to be used at trial,
shall have been completed. Any motions in limine, shall be filed and served upon
opposing counsel.
Vv. THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED
PARAGRAPHS: [A joint pretrial stipulation contemplates a single document. It requires
that all agreed matters be fully identified, and any disputed matters be specifically
delineated with respect to each :
1. Statement of the Facts: A concise, impartial statement of the facts of the case.
2. Stipulated Facts: A list of those facts that can be stipulated and require no proof at
the trial.
3. Statements of Disputed Law & Fact: Those issues of law and fact that are to be
tried.
4. Exhibit Lists: Each party shall separately list all exhibits they intend to introduce
into evidence. Each item shall be listed by number and description on a separate
schedule attached to the stipulation. Each exhibit shall be specifically described.
Generic descriptions of exhibits are subject to being stricken. Counsel shall initial each
other’s exhibit list and exhibits. All exhibits to be offered in evidence at trial shall
have been made available to opposing counsel for examination and initialing. Only
those exhibits listed and initialed may be offered in evidence. If any party objects to
the introduction of any such exhibit, such objection must be stated in the stipulation,
setting forth the grounds with specificity. Demonstrative exhibits (e.g. charts,
enlargements of exhibits) to be used at a jury trial must be displayed to all counsel
before being shown to the jury.
5. Witness Lists: Parties shall attach and furnish counsel with a written list in
alphabetical order containing the names and addresses of all witnesses (“rebuttal”,
“impeachment” or otherwise) intended to be called at trial. Only those witnesses
listed shall be permitted to testify. At trial, all parties shall be strictly limited to
witnesses properly and timely disclosed unless otherwise agreed to by the parties.
6. Jury Instructions: If the trial is a jury trial counsel shall identify all agreed upon
standard instructions and all special instructions. Any disputed jury instructions
shall be attached and identified as to the party that proposed the instruction. Copies
of all agreed upon instructions or disputed instructions shall be attached to the
stipulation, along with copies of supporting statutory citations and/or case law.
Page 2 of 47. Verdict Forms: The State shall prepare a verdict form consistent with rules of
procedure in involuntary civil commitment proceedings.
8. Peremptory Challenges: Three challenges per side shall be allowed unless good
cause shown or otherwise stipulated by the parties.
9. Pending Motions: Set forth a list of all pending motions with copies attached to the
pretrial stipulation. To the extent the court has time prior to commencement of the
trial; all pending motions will be heard or set for hearing at the above-noticed pre-
trial conference. All parties shall be fully prepared to present legal argument for all
pending motions at the pretrial conference.
10. Trial Estimate: Each party shall provide an estimate of the number of days of trial
for its side.
11. Daubert issues. All DAUBERT related issues involving any requests for hearings on
DAUBERT related evidence shall be noticed and heard - or agreed to by the parties - no
later than (30) days prior to the trial period. FAILURE TO DO SO SHALL CONSTITUTE
A WAIVER OF ANY DAUBERT RELATED EVIDENCE ISSUE. It is. within the
discretion of the Court to remove any case for trial with pending DAUBERT issues.
VI. NO LATER THAN FIVE (5) DAYS prior to the trial period set forth above the following
shall be completed or heard by the Court:
1. Depositions to preserve testimony of any witness, including experts, shall have been
completed;
2. MOTIONS IN LIMINE: All motions to exclude witnesses or evidence of other
motions directed to the conduct.of the trial for which grounds then exist must be in
writing and may be heard prior to commencement of the trial.
THE PARTIES ARE CAUTIONED REGARDING THE FOLLOWING
POLICIES OF THE COURT:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as
provided by the Florida Rules of Civil Procedure and Florida Rules of Civil Procedure for
Involuntary Committeemen of Sexually Violent Predators.
2. FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR FILE
DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF
THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING STRIKING OF
THE PLEADINGS.
Page 3 of 4The State Attorney’s Office shall be responsible to prepare appropriate orders to transfer
the Respondent to Broward County for trial and shall also be responsible to obtain a court
reporter for all proceedings.
Because of the unique issues involved in actions under Part V, Chapter 394 of the Florida
Statutes, the State Attorney and counsel for Respondent may agree to extend or modify
timelines in this order in the interest of justice and consistent with Chapter 394 and the
Florida Rules of Civil Procedure governing Petitions for Involuntary Commitment.
yi
Circuit Gort Judge
YV
ORDERED and ADJUDGED at Fort Lauderdale, Florida,
Copies furnished to counsel of record
Tara Sullivan, ASA, Rob Jakovich, APD
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 Diana Sobel, Room 470,
201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 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.
Page.4 of 4
Document Filed Date
August 07, 2015
Case Filing Date
July 30, 2015
Category
Involuntary Civil Commitment of Sexually Violent Predators
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Preview
4" FILED: BROWARD COUNTY. FL Howard C. Forman, CLERK 8/7/2015 11:58:44 AM.**** IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 15-13132 (07) DIVISION 07- JUDGE TUTER SEVENTEENTHJUDICIAL CIRCUIT UNIFORM TRIAL ORDER PETITIONS FOR IN RE: THE COMMITMENT OF: INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY ALPHONSO FLOWERS, VIOLENT PREDATORS Respondent. / TRIAL DATE: SEPTEMBER 2N°, 2015 @ 9:30 AM _X_JURY __NON-JURY The court has determined this case is ready for trial pursuant to Fla. R. Civ. P. -S.V-P. 4.240. The case is set for trial before the undersigned Judge in Courtroom 970, Broward County Courthouse, 201 S.E. 6t Street, Fort Lauderdale, Florida as stated above. The following requirements are imposed on all parties by the Court: L NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL - EXPERT WITNESSES DISCLOSURE (Filed with the Clerk and served on all counsel) The parties shall furnish opposing counsel with the names and addresses, along with complete and updated curriculum vitae of all expert witnesses to be called at trial; and all information regarding expert testimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnish opposing counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of taking their deposition. Both sides shall cooperate in the scheduling of such expert depositions. By agreement counsel for Respondent may waive deposition discovery. of any expert. I. NO LATER THAN FIFTEEN (15) DAYS PRIOR TO TRIAL --MEDICAL EVALUATIONS: All medical evaluations and other examinations pursuant to Fla. R. Civ. P. 1.360 shall have been completed, unless counsel for the State and Respondent mutually agree to extend the time. Ul. NO LATER THAN FIFTEEN (15) DAYS PRIOR TO TRIAL: _ All final discovery shall have been initiated. By agreement the State and counsel for Respondent may alter this time frame if justice so requires. Page 1 of 4 on’IV. FIVE(5) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery depositions or testimony preserved by video of witnesses or experts to be used at trial, shall have been completed. Any motions in limine, shall be filed and served upon opposing counsel. Vv. THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED PARAGRAPHS: [A joint pretrial stipulation contemplates a single document. It requires that all agreed matters be fully identified, and any disputed matters be specifically delineated with respect to each : 1. Statement of the Facts: A concise, impartial statement of the facts of the case. 2. Stipulated Facts: A list of those facts that can be stipulated and require no proof at the trial. 3. Statements of Disputed Law & Fact: Those issues of law and fact that are to be tried. 4. Exhibit Lists: Each party shall separately list all exhibits they intend to introduce into evidence. Each item shall be listed by number and description on a separate schedule attached to the stipulation. Each exhibit shall be specifically described. Generic descriptions of exhibits are subject to being stricken. Counsel shall initial each other’s exhibit list and exhibits. All exhibits to be offered in evidence at trial shall have been made available to opposing counsel for examination and initialing. Only those exhibits listed and initialed may be offered in evidence. If any party objects to the introduction of any such exhibit, such objection must be stated in the stipulation, setting forth the grounds with specificity. Demonstrative exhibits (e.g. charts, enlargements of exhibits) to be used at a jury trial must be displayed to all counsel before being shown to the jury. 5. Witness Lists: Parties shall attach and furnish counsel with a written list in alphabetical order containing the names and addresses of all witnesses (“rebuttal”, “impeachment” or otherwise) intended to be called at trial. Only those witnesses listed shall be permitted to testify. At trial, all parties shall be strictly limited to witnesses properly and timely disclosed unless otherwise agreed to by the parties. 6. Jury Instructions: If the trial is a jury trial counsel shall identify all agreed upon standard instructions and all special instructions. Any disputed jury instructions shall be attached and identified as to the party that proposed the instruction. Copies of all agreed upon instructions or disputed instructions shall be attached to the stipulation, along with copies of supporting statutory citations and/or case law. Page 2 of 47. Verdict Forms: The State shall prepare a verdict form consistent with rules of procedure in involuntary civil commitment proceedings. 8. Peremptory Challenges: Three challenges per side shall be allowed unless good cause shown or otherwise stipulated by the parties. 9. Pending Motions: Set forth a list of all pending motions with copies attached to the pretrial stipulation. To the extent the court has time prior to commencement of the trial; all pending motions will be heard or set for hearing at the above-noticed pre- trial conference. All parties shall be fully prepared to present legal argument for all pending motions at the pretrial conference. 10. Trial Estimate: Each party shall provide an estimate of the number of days of trial for its side. 11. Daubert issues. All DAUBERT related issues involving any requests for hearings on DAUBERT related evidence shall be noticed and heard - or agreed to by the parties - no later than (30) days prior to the trial period. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER OF ANY DAUBERT RELATED EVIDENCE ISSUE. It is. within the discretion of the Court to remove any case for trial with pending DAUBERT issues. VI. NO LATER THAN FIVE (5) DAYS prior to the trial period set forth above the following shall be completed or heard by the Court: 1. Depositions to preserve testimony of any witness, including experts, shall have been completed; 2. MOTIONS IN LIMINE: All motions to exclude witnesses or evidence of other motions directed to the conduct.of the trial for which grounds then exist must be in writing and may be heard prior to commencement of the trial. THE PARTIES ARE CAUTIONED REGARDING THE FOLLOWING POLICIES OF THE COURT: 1. The parties shall do all things reasonable and necessary to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure and Florida Rules of Civil Procedure for Involuntary Committeemen of Sexually Violent Predators. 2. FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING STRIKING OF THE PLEADINGS. Page 3 of 4The State Attorney’s Office shall be responsible to prepare appropriate orders to transfer the Respondent to Broward County for trial and shall also be responsible to obtain a court reporter for all proceedings. Because of the unique issues involved in actions under Part V, Chapter 394 of the Florida Statutes, the State Attorney and counsel for Respondent may agree to extend or modify timelines in this order in the interest of justice and consistent with Chapter 394 and the Florida Rules of Civil Procedure governing Petitions for Involuntary Commitment. yi Circuit Gort Judge YV ORDERED and ADJUDGED at Fort Lauderdale, Florida, Copies furnished to counsel of record Tara Sullivan, ASA, Rob Jakovich, APD 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 Diana Sobel, Room 470, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 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. Page.4 of 4