Rule 9.740 Completion of Mediation

This rule was published on July 18, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
(a) No Agreement. If the parties do not reach an agreement as a result of mediation, the mediator shall report, within 10 days, the lack of an agreement to the court without comment or recommendation. 

(b) Agreement. If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. Within 10 days thereafter, the mediator shall file a report with the court on a form approved by the court. 

Rule 9.730 Appointment and Compensation of the Mediator

This rule was published on July 18, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
(a) Appointment by Agreement. Within 10 days of the court order of referral, the parties may file a stipulation with the court designating a mediator certified as an appellate mediator pursuant to rule 10.100(f), Florida Rules for Certified and Court-Appointed Mediators. Unless otherwise agreed to by the parties, the mediator shall be licensed to practice law in any United States jurisdiction. 

(b) Appointment by Court. If the parties cannot agree upon a mediator within 10 days of the order of referral, the appellant shall notify the court immediately and the court shall appoint a certified appellate mediator selected by such procedure as is designated by administrative order. The court shall appoint a certified appellate mediator who is licensed to practice law in any United States jurisdiction, unless otherwise requested upon agreement of the parties. 

(c) Disqualification of Mediator. Any party may move to enter an order disqualifying a mediator for good cause. Such a motion to disqualify shall be filed within a reasonable time, not to exceed 10 days after discovery of the facts constituting the grounds for the motion, and shall be promptly presented to the court for an immediate ruling. If the court rules that a mediator is disqualified from a case, an order shall be entered setting forth the name of a qualified replacement. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending. 

(d) Substitute Mediator. If a mediator agreed upon by the parties or appointed by the court cannot serve, a substitute mediator may be agreed upon or appointed in the same manner as the original mediator. 

(e) Compensation of a Court-Selected Mediator. If the court selects the mediator pursuant to subdivision (b), the mediator shall be compensated at the hourly rate set by the court in the referral order or applicable administrative order. Unless otherwise agreed, the compensation of the mediator should be prorated among the named parties.

Rule 9.720 Mediation Procedures

This rule was published on July 18, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
(a) Appearance. If a party to mediation is a public entity required to conduct its business pursuant to chapter 286, Florida Statutes, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. Otherwise, unless changed by order of the court, a party is deemed to appear at a mediation conference if the following persons are physically present or appear electronically upon agreement of the parties: 

(1) The party or its representative having full authority to settle without further consultation. 
(2) The party’s trial or appellate counsel of record, if any. If a party has more than one counsel, the appearance of only one counsel is required. 
(3) A representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle without further consultation. 

(b) Sanctions. If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon motion of a party or upon its own motion, may impose sanctions, including, but not limited to, any or all of the following, against the party failing to appear: 

(1) An award of mediator and attorney fees and other costs or monetary sanctions. 
(2) The striking of briefs. 
(3) Elimination of oral argument. 
(4) Dismissal or summary affirmance. 

(c) Scheduling and Adjournments. Consistent with the time frames established in rule 9.700(c) and after consulting with the parties, the mediator shall set the initial conference date. The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. The mediator shall notify the parties in writing of the date, time, and place of any mediation conference, except no further notification is required for parties present at an adjourned mediation conference. 

(d) Control of Procedures. The mediator shall at all times be in control of the procedures to be followed in the mediation. 

(e) Communication with Parties. The mediator may meet and consult privately with any party or parties or their counsel. Counsel shall be permitted to communicate privately with their clients. 

Rule 9.710 Eligibility for Mediation

This rule was published on July 18, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
Any case filed may be referred to mediation at the discretion of the court, but under no circumstances may the following categories of actions be referred: 

(a) Criminal and post-conviction cases. 
(b) Habeas corpus and extraordinary writs. 
(c) Civil or criminal contempt. 
(d) Involuntary civil commitments of sexually violent predators. 
(e) Collateral criminal cases. 
(f) Other matters as may be specified by administrative order. 

Rule 9.700 Mediation Rules

This rule was published on July 18, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
(a) Applicability. Rules 9.700 – 9.740 apply to all appellate courts, including circuit courts exercising jurisdiction under rule 9.030(c), district courts of appeal, and the Supreme Court of Florida. 

(b) Referral. The court, upon its own motion or upon motion of a party, may refer a case to mediation at any time. Such motion from a party shall contain a certificate that the movant has consulted opposing counsel or unrepresented party and that the movant is authorized to represent that opposing counsel or unrepresented party: 

(1) has no objection; 
(2) objects and cites the specific reasons for objection; or 
(3) will promptly file an objection. 

(c) Time Frames for Mediation. The first mediation conference shall be commenced within 45 days of referral by the court, unless the parties agree to postpone mediation until after the period for filing briefs has expired. The mediation shall be completed within 30 days of the first mediation conference. These times may be modified by order of the court. 

(d) Tolling of Times. Unless otherwise ordered, or upon agreement of the parties to postpone mediation until after the expiration of time for filing the appellate briefs, all times under these rules for the processing of cases shall be tolled for the period of time from the referral of a case to mediation until mediation ends pursuant to section 44.404, Florida Statutes. The court, by administrative order, may provide for additional tolling of deadlines. A motion for mediation filed by a party within 30 days of the notice of appeal shall toll all deadlines under these rules until the motion is ruled upon by the court. 

(e) Motion to Dispense with Mediation. A motion to dispense with mediation may be served not later than 10 days after the discovery of the facts which constitute the grounds for the motion, if: 

(1) the order violates rule 9.710; or 
(2) other good cause is shown. 

Rule 9.410 Sanctions

This rule was published on July 5, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |

(a) Court’s Motion. After 10 days’ notice, on its own motion, the court may impose sanctions for any violation of these rules, or for the filing of any proceeding, motion, brief, or other paper that is frivolous or in bad faith. Such sanctions may include reprimand, contempt, striking of briefs or pleadings, dismissal of proceedings, costs, attorneys’ fees, or other sanctions.

(b) Motion by a Party.

(1) Applicability. Any contrary requirements in these rules notwithstanding, the following procedures apply to a party seeking an award of attorneys’ fees as a sanction against another party or its counsel pursuant to general law.

(2) Proof of Service. A motion seeking attorneys’ fees as a sanction shall include a certificate of service, pursuant to rule 9.420(d), and a certificate of filing, pursuant to subdivision (4) of this rule.

(3) Initial Service. A copy of a motion for attorneys’ fees as a sanction must initially be served only on the party against whom sanctions are sought. That motion shall be served no later than the time for serving any permitted response to a challenged paper or, if no response is permitted as of right, within 15 days after a challenged paper is served or a challenged claim, defense, contention, allegation, or denial is made at oral argument. A certificate of service that complies with rule 9.420(d) shall be taken as prima facie proof of the date of service. The certificate of filing should remain undated and unsigned.

(4) Filing and Final Service. If the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected within 21 days after service of the motion, the movant may file the motion for attorneys’ fees as a sanction, as referenced in subdivision (3), with the court (a) no later than the time for service of the reply brief, if applicable, or (b) no later than 30 days after service of the motion.

The movant shall serve upon all parties a copy of the motion filed with the court. A certificate of service of that copy which complies in substance with the form below shall be taken as prima facie proof of final service.

I certify that a copy of this previously served motion has been furnished to .....(court)..... by ..... hand delivery/mail/other delivery source..... and has been furnished to .....(name or names)..... by .....hand delivery/mail/other delivery source......


/s/__________________________
Attorney for .....(name of party).....
.....(address and phone number).....
Florida Bar No.:_______________

(5) Response. A party against whom sanctions are sought may serve 1 response to the motion within 10 days of the final service of the motion. The court may shorten or extend the time for response to the motion.

------ This rule was modified on June 24, 2010 by the Florida Supreme Court. ------
------ Click here to access the previous version of Rule 9.410 ------

Rule 9.400 Costs and Attorneys Fees

This rule was published on July 4, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
(a) Costs. Costs shall be taxed in favor of the prevailing party unless the court orders otherwise. Taxable costs shall include 
(1) fees for filing and service of process; 
(2) charges for preparation of the record; 
(3) bond premiums; and 
(4) other costs permitted by law. 
Costs shall be taxed by the lower tribunal on motion served within 30 days after issuance of the mandate. 
 
(b) Attorneys' Fees. With the exception of motions filed pursuant to rule 9.410(b), a motion for attorneys' fees may be served not later than the time for service of the reply brief and shall state the grounds on which recovery is sought. The assessment of attorneys' fees may be remanded to the lower tribunal. If attorneys' fees are assessed by the court, the lower tribunal may enforce payment. 
 
(c) Review. Review of orders rendered by the lower tribunal under this rule shall be by motion filed in the court within 30 days of renidition.


------ This rule was modified on June 24, 2010 by the Florida Supreme Court. ------
------ Click here to access the previous version of Rule 9.400 ------

Rule 9.300 MOTIONS

This rule was published on July 4, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |

(a) Contents of Motion; Response. Unless otherwise prescribed by these rules, an application for an order or other relief available under these rules shall be made by filing a motion therefor. The motion shall state the grounds on which it is based, the relief sought, argument in support thereof, and appropriate citations of authority. A motion for an extension of time shall, and other motions if appropriate may, contain a certificate that the movant's counsel has consulted opposing counsel and that the movant's counsel is authorized to represent that opposing counsel either has no objection or will promptly file an objection. A motion may be accompanied by an appendix, which may include affidavits and other appropriate supporting documents not contained in the record. With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 10 days of service of the motion. The court may shorten or extend the time for response to a motion. 

(b) Effect on Proceedings. Except as prescribed by subdivision (d) of this rule, service of a motion shall toll the time schedule of any proceeding in the court until disposition of the motion. An order granting an extension of time for any act shall automatically extend the time for all other acts that bear a time relation to it. An order granting an extension of time for preparation of the record, or the index to the record, or for filing of the transcript of proceedings, shall extend automatically, for a like period, the time for service of appellant's initial brief. A conformed copy of an order extending time shall be transmitted forthwith to the clerk of the lower tribunal until the record has been transmitted to the court. 


(c) Emergency Relief; Notice. A party seeking emergency relief shall, if practicable, give reasonable notice to all parties. 

(d) Motions Not Tolling Time. 

(1) Motions for post-trial release, rule 9.140(g). 

(2) Motions for stay pending appeal, rule 9.310. 

(3) Motions relating to oral argument, rule 9.320. 

(4) Motions relating to joinder and substitution of parties, rule 9.360. 

(5) Motions relating to amicus curiae, rule 9.370. 

(6) Motions relating to attorneys' fees on appeal, rule 9.400. 

(7) Motions relating to service, rule 9.420. 

(8) Motions relating to admission or withdrawal of attorneys, rule 9.440. 

(9) Motions relating to expediting the appeal. 

(10) All motions filed in the supreme court, unless accompanied by a separate request to toll time.
 

Florida Rules of Civil Procedure

This rule was published on June 11, 2010 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
If you are looking for the Florida Rules of Civil Procedure go to our sister site www.floridacivpro.com.

RULE 9.430 PROCEEDINGS BY INDIGENTS

This rule was published on November 27, 2009 | Case Citations(0) | By Brian Willis, Attorney | Print Printer |
(a) Appeals. A party who has the right to seek review by appeal without payment of costs shall, unless the court directs otherwise, file a signed application for determination of indigent status with the clerk of the lower tribunal, using an application form approved by the Supreme Court for use by circuit court clerks. The clerk of the lower tribunal's reasons for denying the application shall be stated in writing and are reviewable by the lower tribunal. Review of decisions by the lower tribunal shall be by motion filed in the court. 

(b) Original Proceedings. A party who seeks review by an original proceeding under rule 9.100 without the payment of costs shall, unless the court directs otherwise, file with the court a motion to proceed in forma pauperis. If the motion is granted, the party may proceed without further application to the court. 

(c) Incarcerated Parties. 

(1) Presumptions. In the absence of evidence to the contrary, an appellate court may, in its discretion, presume that 
(A) assertions in an application for determination of indigent status filed by an incarcerated party under this rule are true, and 
(B) in cases involving criminal or collateral criminal proceedings, an incarcerated party who has been declared indigent for purposes of proceedings in the lower tribunal remains indigent. 

(2) Non-Criminal Proceedings. Except in cases involving criminal or collateral proceedings, an application for determination of indigent status filed under this rule by a person who has been convicted of a crime and is incarcerated for that crime or who is being held in custody pending extradition or sentencing shall contain substantially the same information as required by an application form approved by the Supreme Court for use by circuit court clerks. The determination of whether the case involves an appeal from an original criminal or collateral proceeding depends on the substance of the issues raised and not on the form or title of the petition or complaint. In these non-criminal cases, the clerk of the lower tribunal shall require the party to make a partial prepayment of court costs or fees and to make continued partial payments until the full amount is paid.
(d) Parties in Juvenile Dependency and Termination of Parental Rights Cases; Presumption. In cases involving dependency or termination of parental rights, an appellate court may, in its discrestion, presume that any party who has been declared indigent for purposes of proceedings by the lower tribunal remains indigent, in the absence of evidence to the contrary.
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Brian Willis, Florida Lawyer, Business and Real Estate Attorney  Brian Willis
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