Fla. Admin. Code R. 60Q-6.115

Current through Reg. 50, No. 235-239, December 10, 2024

Section 60Q-6.115 - MOTION PRACTICE

(1) Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested. The judge may treat any request for relief from an unrepresented party as a motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the relief requested and the grounds relied upon. Any document referenced in any motion shall either have been filed prior to the motion or be attached to the motion.

(2) Except for motions to dismiss for lack of prosecution, prior to filing any motion, the movant shall personally confer with the opposing party or parties or, if represented, their attorneys of record to attempt to amicably resolve the subject matter of the motion. All motions shall include a statement that the movant has personally conferred or has used good-faith efforts to confer with all other parties or, if represented, their attorneys of record and shall state whether any party has an objection to the motion. Any motion filed without this certification shall be summarily denied.

(3) A motion which is unopposed shall state why an order is necessary to execute the parties' agreement and shall be accompanied by a proposed order which has a title describing the action to be taken. The motion and proposed order shall specify the relief being requested or ordered in reasonable detail and not merely by reference to any other document.

(4) If the motion has not been amicably resolved, the movant shall file the motion. When time allows, the other parties may, within 15 days of service of the written motion, file a response in opposition. Written motions may be ruled on by the judge before the expiration of the response period and provide for filing an objection to the order within 10 days of the order, or the judge shall rule after the response is filed or after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The judge may hold hearings on motions in his or her discretion. Any party seeking an evidentiary hearing on a motion shall plainly state so in the title of the motion.

(5) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall specifically describe the good cause for the request.

(6) Motions to expedite discovery or the final hearing shall set forth good cause and shall be served by electronic mail, facsimile, hand delivery, or overnight delivery. Any opposition to the motion must be filed within four days from the date the motion is served.

Fla. Admin. Code Ann. R. 60Q-6.115

Rulemaking Authority 440.25(4)(h), 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(h), 440.45(1)(a), (4) FS.

New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, Amended by Florida Register Volume 48, Number 021, February 1, 2022 effective 2/14/2022.

New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-14-22.