LeAnn Mackey-Barnes

SCHEDULING HEARINGS/REQUESTS:

E-mail requests to: mackey-barneshearings@circuit5.org (all scheduling is done via e-mail). The e-mail should be copied to all other parties in the action and include the case number, county where the case is pending, the name of the motion to be heard, along with a certificate of conferment in good faith and the total length of time requested.

Please provide the case name/number in the subject line & include within the message the title of the motion(s). You will then receive a list of available dates and times for the hearing.  Only upon each party’s agreement to a specific date and time should you send an e-mail to Deidre Townsend, (dtownsend@circuit5.org) confirming the selection of a date and time.  Hearing times are set on a first come, first served basis.

The coordinating party must provide the Court with a courtesy copy of the Notice of Hearing to finalize the hearing selection.

Motions must be filed with the Clerk and contain a certificate of conferring prior to the scheduling of a hearing.

In cases where the parties are unable to obtain agreement as to when a motion should be heard, the moving party shall file a motion, copied to opposing counsel, memorializing the interactions of the parties and the previously relayed dates and times proposed.  The Court will then select a date and time that allows for reasonable preparation while avoiding unnecessary delay for the parties or the case.  See Florida Rule of General Practice and Procedure 2.545.

Failure confer in good faith could lead to sanctions from this court.

SELF-REPRESENTED PARTIES:

When there is a self-represented party, coordination with the pro se party will not be required as long as there is time to notice the self-represented party regarding the hearing (at least 10 days).

All parties may appear in person at the Marion County Courthouse, 110 NW 1^st Ave., Courtroom 3C or via ZOOM.

Join Zoom Meeting

Meeting ID: 980 7827 9444

Passcode: 525315

TRIAL AND HEARING DOCUMENTATION:

Trial Notebooks, Case Law or any documentation that needs to be submitted to the court for consideration should be sent electronically, two days prior to the hearing, to this email address.

To Cancel a Hearing

TO CANCEL A HEARING OR TRIAL:

1. Only the party who set the hearing can cancel the hearing.
2. You must email the judicial assistant at dtownsend@circuit5.org to notify the Court of the cancellation and state the reason for cancellation.
3. If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.
4. You must also send a copy of the Notice of Cancellation to the Judge’s office, to one of the following:

Email – dtownsend@circuit5.org

To Continue a Hearing or Trial

1. You must email the judicial assistant at dtownsend@circuit5.org 
2. The proper motion must be filed with the Clerk’s office.
3. You must schedule a hearing on your motion or have consent from all parties to continue.  There is no guarantee the Court will continue the hearing or trial.
4. The JA will provide you with alternative dates and times to coordinate with the other party or parties, if appropriate.
5. You must prepare an Amended Notice of Hearing or Trial.

IN PERSON vs ZOOM HEARINGS

1. Small Claims Pretrial Conferences– All Small Claims Pretrial Conferences are IN PERSON in Courtroom 1 at the Marion County Courthouse (per Administrative Order M-2022-31-B). All parties will be referred immediately or within a two-week time period to IN PERSON mediation at the courthouse on that date if the case is not resolved at the pretrial conference.
2. Jury Trials will always be in person.
3. Non-Jury Trials and Civil Hearings other than Small Claims Pretrial Conferences– Judge Mackey-Barnes’ allows each party the option to appear in person in Courtroom 3C or to appear via ZOOM. It is not necessary to let the judge’s office know how you will appear. Any attorney preparing a notice of hearing should include the Zoom information on the notice.

Judge Mackey-Barnes’ Zoom information is:

Join Zoom Meeting

Meeting ID: 980 7827 9444

Passcode: 525315

ZOOM Etiquette

As described above, Judge Mackey-Barnes’ civil hearings will all be noticed to take place in person or via ZOOM. Anyone who does not wish to use ZOOM may appear in person in Courtroom 3C for any hearing (except small claims pretrial conference or jury trial or specifically noted).

The ability to appear at a court hearing can be very convenient for litigants and attorneys. In order to maintain decorum and efficiency, Judge Mackey-Barnes’ requires everyone to abide by the following:

1. Judge Mackey-Barnes will require that you turn your camera on.
2. Remember that you are in a courtroom, even if you are physically in another location. Please sit still and focus on the court hearing. Do not wander around. Do not eat, drink or smoke.
3. Dress appropriately for court. Attorneys should be dressed in professional attire, just as if they are appearing in a courtroom.
4. Eliminate distractions. Barking dogs, children, and ringing phones should not interrupt a court hearing.
5. DO NOT DRIVE WHILE ON ZOOM. If you must appear in a motor vehicle, that motor vehicle must be stationary.
6. Please MUTE yourself when your case is not being addressed.
7. If you will be appearing by ZOOM and have physical evidence to introduce in a hearing, you must provide the documents to the Judge’s office at least 2 days before the hearing. Documents may be mailed or dropped off at the courthouse.
8. Make sure that you have the appropriate equipment and Internet service well in advance of the hearing. It is YOUR responsibility to make sure that you can connect and communicate with the Court.
9. If you cannot abide by these instructions, or if you do not have the ability to connect to ZOOM, Judge Mackey-Barnes is in Courtroom 3C for hearings – you may appear in person.

1. It is anticipated attorneys with cases before the court are familiar with Florida Rules of Civil Procedure 1.280 – 1.390, relating to discovery.
2. Prior to filing a motion related to a discovery dispute/non-dispositive motion, the parties are required to confer pursuant to Rule 1.202, Fla. R. Civ. P., and to attempt to resolve the issue(s) without the court’s intervention in good faith.
3. Upon the filing of a discovery motion, the parties may forward proposed order to the court via Florida E-Filing Portal. Each party opposing any written motion or other application shall file and serve, within twenty (20) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested. Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default or for the Court to construe that there is no objection to the motion. If a party has no objection to a motion and does not intend to file a responsive memorandum, counsel should file a written notice with the Clerk of the Court so indicating. If the served parties response they may forward a proposed order. If you do not receive a response from the court within two (2) weeks of filing your discovery motion, please email the court at mackey-barneshearings@circuit5.org to inquire about the status of the hearing.
4. Replies. If upon receipt of an opposing memorandum, counsel determines further argument of his client’s position is required, counsel shall file a reply within five (5) days of the receipt of opposing memorandum.
5. The only way to avoid the motion being set for hearing is to not file the motion.
6. Hearings set on the Compel Docket may only be cancelled by either: (1) the parties filing a written stipulation indicating the issues raised in the motion have been resolved, or (2) the moving party filing a written Withdrawal of the motion. Signe It is not necessary to file a “Motion to Withdraw Motion to Compel” or forward a proposed order.
7. At the hearing, attorney’s fees may be awarded pursuant to Florida Rules of Civil Procedure 1.380(a)(4).
8. Parties and counsel may attend the hearings in person, or via Zoom

PROPOSED ORDERS/JUDGMENTS:

Proposed orders / judgments should be submitted through the Florida E-filing Portal (see the submitting proposed orders drop down and video). Please include a copy of the motion with any submission of orders, as it sometimes takes several days for e-filings to appear in the court file. To prevent duplicate submissions – please do not email the order if it is being provided to our office via the portal.

Sample proposed order

The Supreme Court of Florida has established guidelines for the prompt processing and resolution of civil cases. This Court has adopted a case management system to help meet those guidelines. In contested cases, the parties are required to participate in the case management system. The case management system requires early consultation and cooperation among the parties for the preparation and submission of an Agreed Case Management Plan and early involvement by the Court. The Agreed Case Management Plan requires the parties to identify a case track, confer in good faith and attempt to narrow the matters in controversy, identify the issues that require direct involvement by the Court, and establish a schedule for addressing those issues.

Unless all Defendants have been served and have been defaulted or dropped, an Agreed Case Management Plan must be filed on or before 120 days from the date of filing the initial complaint. A proposed Order Accepting Agreed Case Management Plan must then be submitted to the assigned judge. If the 1 Case Track options include Expedited, Streamlined, General, or Complex.

If all Defendants are served and defaulted or dropped, the Plaintiff shall file the appropriate documentation to pursue a Default Final Judgment within 120 days from filing the complaint. A Final Judgment shall then be entered, or the case set for final hearing, within 20 days.

Amendments to the Florida Rules of Civil Procedure Amendments Effective January 1, 2025

• Parties have a duty to confer before filing certain non-dispositive motions.
• Parties must exchange initial discovery disclosures.
• Parties have an ongoing duty to supplement initial discovery disclosures and responses.

Amended Rule 1.200 – Case Management; Pretrial Procedure

Key provisions

Within 120 days, case must be assigned to one of three tracks: streamlined, general, or complex (1.200(b)).

The Chief Judge of each circuit must enter an administrative order addressing certain case management requirements.

The court must issue a CMO that specifies the projected or actual trail period based on the case track assignment, consistent with administrative orders entered by the chief judge of that circuit.

The CMO must be issued “no later than 120 days after commencement of the action as provided in rule 1.050 or 30 days after service of the complaint on the last of all named defendants, whichever date comes first.” (1.200(d)(4))

CMO for streamlined and general cases must include at least nine specified deadlines (1.200(d)(2)) (service of complaints; service under extensions; adding parties; completing fact discovery and expert discovery; filing/serving MSJs; resolving objections to pleadings and pretrial motions; and completing ADR).

Court or parties may set Case Management Conferences.

If a party sets a CMC, it must also “identify the specific issues to be addressed” and “provide a list of all pending motions.”

At the CMC, court may elect to hear other pending motions. However, court cannot hear MSJs or motions requiring evidentiary hearings at the CMC.

Deadlines in a CMO “must be strictly enforced….” (1.200(e)(1)(emphasis added)) Deadlines in a case management order must be strictly enforced unless changed by court order. Parties may submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in the case management order. If extending an individual case management deadline may affect a subsequent deadline in the case management order, parties must seek an amendment of the case management order, rather than submitting a motion for extension of an individual deadline.

Motion to amend/extend a deadline, a CMO, or a trial period must specify:

• the basis of the need for the extension, including when the basis became known to the movant;
• whether the motion is opposed;
• the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties; and
• the action and specific dates for the action that will enable the movant to meet the proposed new deadline or projected trial period, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available.

Other provisions

Rule applies to most civil actions with 18 specific exceptions (such as review of administrative proceedings or actions to enforce an arbitration award). (1.200(a)(1)-(18))

“Complex” is defined by rule 1.201.

“Streamlined” cases reflect “some mutual knowledge about the underlying facts, have limited needs for discovery, well-established legal issues related to liability and damages, few anticipated dispositive pretrial motions, minimal documentary evidence” and anticipate trial of three days or less.

“General” cases are all others.

Attorneys appearing at CMCs must be prepared “on the pending matters,” “to make decisions about future progress and conduct” and to “make representations to the court and enter into binding agreements concerning motions, issues, and scheduling.” Attorney “must be prepared with all attorneys’ [representing that party] availability for future events.” (1.200(j)(3))

Rule 1.200(j)(6) sets forth a list of sanctions the court may impose for failure to attend a CMC.

Rule 1.200(k) sets forth eight categories the court will “consider and determine” at a pretrial conference.

Differences from Prior Rule

Prior rule is deleted and completely rewritten

Amended Rule 1.201 – Complex Litigation

Key Provisions

Court may (but is not required to) hold a hearing to determine whether to designate a case as “complex.”

Parties must notify the court immediately if a CMC or hearing time becomes unnecessary.

Court must issue a CMO within 10 days after the initial CMC.

New Rule 1.202 – Conferral Prior to Filing Motions

Before filing a non-dispositive motion, the movant “must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.” (1.202(a))

The end of the motion, above the signature block, must contain a certificate of conferral in the form set forth in the rule.

• Conferral not required where a party is pro se
• Conferral is not required for 14 enumerated types of motions (including MSJs and involuntary dismissal)

Amended Rule 1.280 – General Provisions Governing Discovery

Requires certain initial discovery disclosures “without awaiting a discovery request” within 60 days after service of the complaint, unless court orders a different time (1.280(a)(1)(A)-(D)), including:

(A) contact information and subject of information for individuals “likely to have discoverable information” for party’s claims or defenses;

(B) copies of documents in party’s possession, custody, or control, that party may use to support its claims or defenses;

(C) computation of each category of damages and supporting documents; and

(D) insurance policies that may be available

Under section (f)(1) (“Timing and Sequence of Discovery”), “[a] party may not seek discovery from any source before that party’s initial disclosure obligations are satisfied” except by stipulation or court order.

Incorporates the proportionality language of Fed. R. Civ. P. 26(b)(1) into the scope of discovery subdivision:

• “Proportional” means: “considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.”
• The “proportionality” issue may be controversial. Judge Labarga has dissented, in part, on the basis that the state court judges do not have the resources (such as multiple law clerks) that the federal court judges have to timely consider proportionality objections, which might require evidentiary hearings. See In re Amendments, 2024 WL 49835666 at * 3. Judge Labarga also criticized that it will be difficult for practitioners to get hearing time to consider proportionality objections without impairing CMO deadlines “given the strict deadlines mandated by these amendments….” Id. at * 4.

Imposes a duty to supplement discovery, including interrogatories, requests for production, or requests for admission. (1.280(g))

• Duty to supplement is triggered “if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing” or “as ordered by the court.” 5

Other Provisions

Claims/Actions listed in rule 1.200(a) are exempt from initial discovery disclosure.

Protective Orders may designate not only time or place of discovery but also “the allocation of expenses.”

Adds subsection (k) (“Signing Disclosures and Discovery Requests; Responses; and Objections”) requiring all discovery to be signed by an attorney and providing that the signature certifies the completeness, correctness, and good faith nature of the responses.

• “No party has a duty to act on an unsigned disclosure, request, response, or objection until it is signed.”

Differences from Prior Rule

Prior rule did not have automatic, initial disclosures

Prior rule expressly had no duty to supplement

Amended Rule 1.340 – Interrogatories to Parties

Adds requirement that “grounds for objecting to an interrogatory must be stated with specificity, including the reasons. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.”

Court Commentary states that “[a]ny use of standard interrogatories must be adjusted for proportional discovery.”

Amended Rule 1.350 – Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Includes requirement to state with specificity the grounds for objecting to the request, including the reasons

“An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.”

Amended Rule 1.380 – Failure to Make Discovery; Sanctions

Adds that if a party fails to make the disclosure required by rule 1.280(a), any other party may move to compel disclosure and for appropriate sanctions.

Subsection (d) governs “failure to disclose or to supplement an earlier response” and provides for sanctions of barring party from using that information or witness for evidentiary purposes “unless the failure was substantially justified or is harmless” and provides for alternative sanctions.

Amended Rule 1.440 – Setting Action for Trial

Key Provisions

Case need not be “at issue” to set it for trial

• Rule provides: “The failure of the pleadings to be closed will not preclude the court from setting a case for trial.” (1.440(a))

Court must enter an order fixing the trial period 45 days before any projected trial period in a case management order.

Other Provisions

Rule allows for an earlier trial period than projected on a party’s motion or the court’s own initiative.

Differences from Prior Rule

There is no “notice of trial” required because the CMO will set a trial period.

• The prior language regarding serving a notice that the action is at issue and ready to be set for trial has been replaced with language allowing a party to serve a motion to set the action for trial (if the party is seeking an earlier date than the projected trial date)
• The moving party must serve a copy of the motion on the presiding judge when the motion is filed

Amended Rule 1.460 – Motions to Continue Trial

Key Provisions

“Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown.” (1.460(a)) (emphasis added)

Amended rule contains requirements for what must be included in a motion to continue:

(1) the basis of the need for the continuance, including when the basis became known to the movant;

(2) whether the motion is opposed;

(3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and

(4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties.

If a continuance is granted because of attorney or party’s dilatory conduct, court may impose sanctions.

Other Provisions

Motions to continue based on parental leave are governed by Fla. R. Jud. Admin. 2.570.

Amended Rule 1.510 – Summary Judgment

Key Provisions

Subsection (c)(5) amended to provide that nonmovant must serve a response “[n]o later than 40 days after service of the motion for summary judgment.”

Subsection (c)(6) amended to provide that the hearing must be set for a date “at least 10 days after the deadline for serving a response” absent stipulation or court order otherwise.

Differences from Prior Rule

Timing to file a MSJ is based on the deadlines specified in the CMO (previously, the motion had to be filed at least 40 days before the time fixed for hearing, which language has been deleted).

Timing to respond is based on the date the MSJ is served, not on the hearing date.

CASE RELATED QUESTIONS OR GENERAL INQUIRIES:

Email questions or submissions to: dtownsend@circuit5.org

Judge Mackey-Barnes’ Zoom Information:

Join Zoom Meeting

Meeting ID: 980 7827 9444

Passcode: 525315

• Form 1.977 Fact Information Sheet- Individual and Business
• Clerk of Court Civil Forms- Marion County
• The Florida Bar- Florida Rules of Court Procedure
• Sample Proposed Order