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Order Setting Cause For Trial And Pre-Trial (Complex Business Litigation Case) Form. This is a Florida form and can be use in Hillsborough Local County.
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Tags: Order Setting Cause For Trial And Pre-Trial (Complex Business Litigation Case), Florida Local County, Hillsborough
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
GENERAL CIVIL DIVISION
CASE NO.
Plaintiff(s),
vs.
DIVISION L
Defendant(s).
ORDER SETTING CAUSE FOR TRIAL AND PRE-TRIAL
IN COMPLEX BUSINESS LITIGATION DIVISION “L”
(JURY TRIAL)
(Effective August 2007)
This cause being at issue and the Court being otherwise fully advised in the premises, it is
hereby,
ADJUDGED as follows:
1. The above entitled cause is hereby set for JURY TRIAL during the week(s) of
commencing at 8:30 a.m., or as soon thereafter as the
cause may be heard.
2. A PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable
Judge Richard A. Nielsen , Circuit Judge, George Edgecomb Courthouse, 800 E. Twiggs
Street, Room 524 , Tampa, FL 33602, on
at
,
pursuant to Rule 1.200, Florida Rules of Civil Procedure, to consider all matters suggested
therein and to simplify the issues to expedite the trial of this cause.
3. The parties shall fully and strictly comply with the Case Management Conference
Order (“CMC Order”) which has been or will be entered in this action. Specifically, the parties
shall disclose fact and expert witnesses and conclude discovery on or before the dates set in the
CMC Order.
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4. The attorneys for all parties are directed to meet together by agreement, initiated by
counsel for the Plaintiff, no later than fourteen (14) days before the Pre-Trial Conference, to:
a) Mark all exhibits for identification;
b) Prepare an exhibit list for the Clerk and Court (actual exhibits and
documentation evidence shall be available for inspection at this time);
c) Stipulate to the admission into evidence or list specific objections, if any, to
each proposed exhibit;
d) Stipulate as to any matter of fact and law about which there is no issue to
avoid unnecessary proof;
e) Review all depositions which are to be offered for any purpose other than
impeachment to resolve objections to the portions to be offered in evidence;
f) Discuss the possibility of settlement;
g) Submit an itemized statement of special damages Plaintiff expects to prove;
h) Discuss and complete any other matters which may simplify the issues or aid
in the speedy disposition of this action, its Pre-Trial Conference and Trial.
i) Draft one Pre-Trial Conference Order (using the form attached), signed by all
participating counsel, that shall be submitted directly to the Court at least three (3) days
prior to the Pre-Trial Conference. In the event the parties are unable to agree on any matter in
the Pre-Trial Conference Order, they shall leave the matter blank and same will be resolved at
the Pre-Trial Conference.
5. All motions including motions in limine shall be filed and heard prior to the Pre-Trial
Conference. All motions not heard prior to the Pre-Trial Conference shall be deemed
abandoned.
6. Any discovery conducted after the discovery cut off set in the CMC Order shall only
be permitted on order of the Court for good cause shown.
7. The case shall be mediated or arbitrated in accordance with the CMC Order.
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8. No later than the first day of trial, each party shall submit to the Court with a copy to
opposing counsel, written jury instructions and proposed verdict forms. Each jury instruction
shall be on a separate sheet of paper; shall be plainly marked with the name and case number;
shall contain citations of supporting authorities, if any; shall designate the party submitting the
instructions; and shall be numbered in sequence. Counsel shall confer prior to trial and attempt
to agree as to the jury instructions and verdict forms. This paragraph shall not foreclose the right
of each party to modify instructions up to and including the instruction conference at the close of
evidence. In order that the Court may provide the jury with a set of written jury instructions for
consideration during deliberations each party shall also provide the Court with a clean copy of
the requested instructions and proposed verdict form (not numbered and with no designation as
to the requesting party or citations to supporting authority). In addition, each party shall provide
the Court a CD-R disc containing all requested jury instructions and verdict forms in Word
format.
9. Counsel shall be prepared to negotiate settlement at the Pre-Trial Conference and have
full authority to settle the case or have available at the conference a party or representative who
does have full authority to settle.
10. In order for the full purpose of the Pre-Trial procedures to be accomplished, it is
directed that each party be represented at all meetings and hearings herein provided for by an
attorney and parties or agent who will participate in the trial of the cause and a person who is
vested with full authority to make admissions and disclosures of fact and to bind his or her
clients by agreements in respect to all matters pertaining to the trial of the cause and the Pre-Trial
Conference.
Failure to comply with the requirements of this Order shall subject counsel and the parties to
such sanctions as the Court shall determine just and proper under the circumstances.
12. 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 Civil Procedure.
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13. Counsel shall immediately notify this Court in the event of settlement and submit a
stipulation for an Order of Dismissal and a Final Disposition form. Counsel shall likewise notify
this Court in the event the parties wish to avail themselves of the “Trial Resolution Judge”
provisions of Chapter 44 of the Florida Statutes.
14. No later than 7 days prior to the Pre-Trial Conference the attorneys for all parties
shall notify the Court’s Business Center (CBC) (813 272-5520) as to any audio-visual equipment
or other multi-media technology they intend to reserve for use at trial. as indicated in paragraph
24 of the Uniform Pre-Trial Conference Order.
15. No later than 7 days prior to the Pre-Trial Conference the attorneys for all parties
shall, if desired, secure the services of a court reporter for trial.
16. All provisions of this order that require compliance by counsel are likewise applicable
to any party appearing pro se.
17.
ORDERED in chambers at Tampa, Hillsborough County, Florida, this
20
day of
.
CIRCUIT JUDGE
Copies Furnished To:
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