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Florida Business, Whistleblower, & Securities Lawyers / Blog / Business Litigation / Adoption and Implementation of Civil Differentiated Case Management Administrative Order 3.110 (“AO 3.110”) – Effective September 1, 2023

Adoption and Implementation of Civil Differentiated Case Management Administrative Order 3.110 (“AO 3.110”) – Effective September 1, 2023

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AO 3.110 replaces AO 3.107 – Adoption and Implementation of Civil Differentiated Case Management Plan for Cases Filed on or After April 30, 2021; and AO 3.108 – Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or Before April 29, 2021.

Cases filed after September 1, 2023 will be issued a Differentiated Case Management Order (“DCMO”) to be served with the summons and complaint.  Cases pending as of September 1, 2023 that do not have a case management plan or trial order will be issued a DCMO by the Court.  Any pending case with a DCMO or trial order previously issued by the Court shall strictly comply with the deadlines set by the Court in that order.  Parties shall have an affirmative obligation to notify the Court if a DCMO is not entered in a pending case within 90 days of September 1, 2023 by scheduling a DCM Conference.

The DCMO shall assign the case to one of three tracks and establish a pre-trial schedule and trial period.

General Track – Circuit Civil Jury cases – disposition within 18 months from filing

Streamlined Track – Circuit Civil Non-Jury and County Civil Jury cases – disposition within 12 months from filing

Expedited Track – County Civil Non-Jury and Foreclosure cases – disposition within 8 months from filing

Cases will not automatically be designated to the Complex Track – disposition within 24 months of filing – without a motion and Court Order.

DCMOs may be amended by stipulation or, if disputed, by submission of a motion that includes a proposed Amended DCMO.  In the case of disputed amendments, the moving party must set the motion for a DCM Conference.  If the parties agree to extend or shorten the pretrial deadlines, a Stipulated Amended DCMO may be submitted, as long as the amended deadlines do not prevent the case from being ready for trial by Calendar Call.  The Court will either accept the Stipulated Amended DCMO or set a DCM Conference.

Motions to Continue Trial shall include a proposed Amended DCMO and be set for DCM conference.

DCM Conferences will be set through the Court’s online scheduling system under DCM-Case Management Conference Scheduling or UMC at times set aside by the Division to which the case is assigned.

Failure to comply with the DCMO and timely prosecute the case may result in sanctions.

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