Active Case Management Comes to FL 9th Circuit

At today's Judicial Town Hall meeting held by Chief Judge Myers, the Ninth Judicial Circuit of Florida rolled out a new Administrative Order implementing a much more active case management rubric than this jurisdiction has ever known. Counsel will now be required to designate at the outset whether a civil case in county or circuit court is on a complex (per civil rule), streamlined (12 months), or general (18 months) track. Much like federal court, with track designation the court will then issue a Standing Case Management Order imposing deadlines intended to move the case to conclusion under prescribed timelines based on its type. The active case management program will not apply to cases assigned to: (a) Business Court; (b) any civil case designated as complex under Florida Rule of Civil Procedure 1.201; and (c) any civil cases filed on or before April 29, 2021. Existing cases in which the court has entered an order setting the case for pre-trial and/or trial will keep the dates and deadlines already set forth therein which shall govern the progress of those cases. With regard to dispute resolution, within 30 days after completion of the depositions of all parties, counsel shall meet and confer regarding whether an Early Mediation would be productive to resolution of certain issues or the entire case. A so-called Final Mediation shall occur no later than 30 days after completion of all discovery. The new program requires a plaintiff filing a case to include a standard case management plan with the complaint. Until a case management plan is filed by the plaintiff initiating a case, the Clerk will not issue a summons. See more in A.O. 2021-4 here-- https://www.ninthcircuit.org/sites/default/files/AO2021-04.pdf and forms found here-- https://www.ninthcircuit.org/civil-case-management

New Admin Order: Orange-Osceola Courts Opening

Please take note this morning that everyone entering the courthouses in Orlando and Kissimmee will be required to wear a mask and undergo a health screening with a temperature check before entering the building. Masks shall be worn in all public areas of the court facility, including courtrooms or hearing rooms, unless the Judge or Judicial officer authorizes its removal. Per the Administrative Order by Chief Judge Myers, all persons will be checked for their body temperature using an infrared or other non-contact temperature device before entrance to a court facility. Any person who registers a body temperature of 100.4 degrees or greater shall not be permitted to enter the court facility. In the event an individual refuses to undergo a health screening or temperature check, or refuses to wear a mask for entrance to the court facility, the security personnel or other person performing the health/temperature checks shall attempt to obtain and record the same information described above. Once the information is obtained, the information shall be provided to the appropriate Judge, Judicial Officer, Clerk, or other court facility occupant so that alternate arrangements can be made for the person, such as a remote appearance, rescheduling a hearing, or other measures, as necessary. In regard to civil proceedings, according to last week's judicial town hall meeting, remote hearings are still a priority and dispute resolution via electronic means is still encouraged during COVID-19. UPDATE: Court returned to Phase 1 restrictions due to spiking Coronavirus numbers June 23, 2020. See full order here- https://bit.ly/2yPCZLA

Small Claims ODR Pilot Begins

The Ninth Judicial Circuit Court of Florida begins its free Small Claims Online Dispute Resolution (ODR) program this month in Orange County. If both parties provide an email address on file with the court in a case that qualifies for ODR, the court will notify them of the availability to use ODR to resolve the case. The email will also provide instructions on how to register with the Online Dispute Resolution Center located at the custom domain found here-- https://flcourts09sc.modria.com. There, the plaintiff will answer some questions about the case. The court will then send the defendant an email. The defendant should review the information and provide a response. If a solution can't be found with the other person, either can ask for help from a real mediator (Surprise, AI not quite the end-all be-all yet!). A mediator is a certified specialist trained to help litigants in County Court reach a resolution. There is no longer a need to appear for a Pretrial Conference Mediation date if the parties reach a signed agreement using the Online Resolution Center. Timeliness matters in this process which must be completed at least 10 calendar days before the Pretrial Conference Mediation date. If parties do not complete the process by the deadline, they will need to appear for the assigned Pretrial Conference Mediation date. This process comes about via the court being an existing licensee of software like Odyssey from Tyler Technologies. Specifically, they are allowing the use and integration of Modria, which has a demonstrated record of resolving small dollar consumer cases in online commerce. I spoke to representatives of the public company last year and they plan to expand in other jurisdictions. See more here-- ow.ly/yJ5w50zu80h and https://tinyurl.com/yafdrm63

Orange County ODR Pilot Program

Today at the Orange County Bar Association's Judicial Relations Committee meeting, it was announced that Small Claims parties in the Ninth Judicial Circuit Court Court will soon be able to utilize an online dispute resolution (ODR) program for a total cost of $25. The vendor, Tyler Technologies, is already known to court administration because of its Odyssey case management system license. This add-on service uses Modria software which was acquired by Tyler after success demonstrated in resolving business to consumer e-commerce transactions. Chief Judge Myers said the first 1,396 mediation cases would be handled at no cost to the court. Since 1992, there has been a $15,000 limit on damages in civil suits filed on the county court level. With the recent bill signed by Governor DeSantis increasing the small claims amount in controversy limit to $30,000 come January 1, 2020, the county judges are preparing for how to handle more volume. The limit goes even higher-- to $50,000 by January 1, 2022. The $15,000 limit remains in place for cases filed before December 31, 2019. The plan, according to a representative at the Orange County Clerk's office, is to roll something out this fall. ODR is touted as helping individuals resolve legal cases without having to set foot in a courtroom. The concept is a simple back and forth online negotiation replaces the need to appear or take time off work to spend time in a government building. See legislation here-- https://bit.ly/2LnnAH7 and current programs here-- https://bit.ly/2JNvXbI