Florida Complex Construction Case Management Order

Category:
State:
Florida
Control #:
FL-T001ST
Format:
Word; 
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Description

This construciton Case Management Order (“CMO”) is to discourage wasteful pretrial activities, to reduce the costs of litigation, to assist the parties in resolving their disputes if possible, and to secure the just, speedy, and inexpensive determination of the action.

Florida Complex Construction Case Management Order is an order issued by the Supreme Court of Florida that requires parties involved in complex construction litigation cases to participate in pre-trial case management conferences. The purpose of the order is to encourage the parties to resolve their disputes through alternative dispute resolution (ADR) methods, such as mediation or arbitration. The order also sets deadlines for the parties to comply with the ADR process and outlines the procedures they must follow. There are two types of Florida Complex Construction Case Management Order: one for residential construction cases, and one for commercial construction cases. Both orders require the parties to, among other things, exchange information and documents related to the dispute, discuss settlement options, and attempt to resolve the dispute in an efficient and cost-effective manner.

Definition and meaning

The Florida Complex Construction Case Management Order is a legal document designed to manage complex construction litigation cases in Florida. This order helps streamline the judicial process in situations involving multiple parties and claims related to construction defects. It outlines guidelines for communication, deadlines, and procedures that all parties involved must follow to ensure a fair and efficient legal process.

How to complete a form

To complete the Florida Complex Construction Case Management Order, follow these steps:

  1. Fill in the case identification details, including the case number and the names of all parties involved.
  2. Designate lead counsel for each party, ensuring to provide accurate contact information.
  3. Follow the directive outlined in the order regarding document submissions, meeting deadlines, and maintaining proper communication among parties.
  4. Make sure to file electronically with the Clerk of Courts and notify all parties of any submissions.

Who should use this form

The Florida Complex Construction Case Management Order should be used by parties involved in complex construction litigation. This includes plaintiffs, defendants, and third-party defendants who are engaged in disputes related to construction defects. Legal representatives for these parties must also utilize the order to ensure compliance with court requirements and procedural laws.

Key components of the form

The Florida Complex Construction Case Management Order includes several key components:

  • General Purpose and Communication: This section outlines the intent of the order and establishes communication standards among parties.
  • Case Management Dates and Deadlines: Critical deadlines related to pleadings, document production, and case management conferences are detailed here.
  • Expert Discovery: Guidelines for expert disclosures and depositions are specified to facilitate a thorough understanding of testimony.
  • Mediation Procedures: Instructions regarding mediation appointments and attendance requirements ensure all parties comply with dispute resolution processes.

Common mistakes to avoid when using this form

When using the Florida Complex Construction Case Management Order, avoid these common mistakes:

  • Filing documents improperly or failing to serve other parties, which can lead to procedural delays.
  • Ignoring deadlines for document production and disclosures, resulting in sanctions or adverse rulings.
  • Neglecting to communicate changes in representation or contact information, which can hinder case management.
  • Not utilizing the established channels for electronic filing and notification as required by the court.

What to expect during notarization or witnessing

Although notarization may not be required for the Florida Complex Construction Case Management Order, when dealing with documents in construction litigation, you may need to have certain affidavits or other documents notarized. During the notarization process, you can expect the following:

  1. The notary will verify your identity through proper identification.
  2. You will need to sign the document in the presence of the notary.
  3. The notarization process will include the notary affixing their seal, affirming the legitimacy of the document.
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FAQ

A Motion for Order to Show Cause asks the court for specific relief. The relief being requested can relate to many areas of family law. When a party files a Motion for Order to Show Cause, the court sets a hearing date for the parties to argue the matter before a family law judge.

Case Management is a procedure used to monitor and move the Family Court Cases through the court system in a timely and efficient manner while ensuring compliance with statutory requirements.

The Judge enters a Case Management Order at the conclusion of the conference. Temporary orders. While the divorce is pending, pendente lite motions may be filed whereby a request is made of the Judge to address issues such as child custody and temporary support.

A pretrial conference or case management is a hearing scheduled several weeks after the arraignment. This conference informs the court on the status of the case and allows for the prosecution and defense to schedule a trial date.

The Case Management Conference is an initial hearing where the judge, the attorneys, and the parties meet to discuss the issues involved in the case. The whole purpose is to get your case moving forward. The judge will want to find out what issues you agree on and what you are not in agreement about.

A case management conference (CMC) is when both sides, the lawyers (if any), and the judge meet to talk about how to handle the case. Most civil cases have a CMC and it usually happens between 120 and 180 days from filing of the lawsuit.

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Florida Complex Construction Case Management Order