Erin Daly

CIVIL

1. Procedures (TBD)
2. Florida Supreme Court SC2023-0962 Opinion IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE.
3. Meet and Confer (TBD)

FAMILY

1. Administrative Order S-2008-03-A Re Standing Domestic Relations Court Order for Sumter County (and superseding S-2008-03)
2. Family Law Practice Standing Order – (TBD)

UFC

1. Administrative Order S-2008-22 -Establishing Policies and Procedures for Unified Family Court in Sumter County.

INJUNCTIONS

Judge Daly- Standing Order for Injunction Cases (TBD)

ZOOM PRACTICE

• Judge Daly- Zoom Procedures (TBD)
• The Florida Bar Best Practice for Remote Court Proceedings

 (OnceHub Scheduling) (OnceHub Instructions) – Call for anything over an hour

Civil – There are limits on what issues will be set for an in-person hearings, as the Court follows Motion Practice Procedures. You may request hearings on the following:

• Motion to Quash Service
• Motion to Amend Complaint to Include Punitive Damages
• Motion to Abate/Compel Arbitration
• Daubert (do not title as Motion in Limine)
• Motion for Summary Judgment (F.S.Ct. 2024-662)

Family – TBD

Juvenile Delinquency – TBD

MOTIONS TO CONTINUE

Motions to continue any previously set hearing must set forth specific grounds for the request, must include acknowledgement of client consent to bring forth a motion to continue a hearing and shall also include the position of opposing counsel as to the motion.  Each motion to continue will be reviewed on a case-by-case basis to determine whether the Court is able to rule on the face of the pleadings or whether a hearing is required.  The stipulation of opposing counsel does not guarantee the granting of a continuance.

As per Fl Civ Pro Rule 1.460, motions for continuance of a trial are disfavored and should rarely be granted and then only for good cause. Any motion to continue a trial must be filed within 14 days after the appearance of grounds to support the motion. Failure to promptly request a continuance after the appearance of good cause may be basis for denying the motion to continue. Any motion filed to continue a trial, even if agreed, must state with specificity: (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. A motion to continue a trial shall be in writing and signed by the client.

CONFLICTS

A party having a conflict with a hearing shall comply with Florida Rule of General Practice and Judicial Administration 2.550(c).

The Notice of Conflict shall contain at least the following information: the case number creating the conflicts with the county of the case and the name of the judge presiding over the other case.  This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.

CANCELLATIONS

Noticed hearings set by a party may only be cancelled with the approval of the Court. If you wish to cancel a previously scheduled hearing, you must email PBarto@circuit5.org and advise of the reason of the cancellation request. If approved by the Court, you will be required to file a notice of cancellation.

If the hearing is one that was set by the Court, it will only be cancelled through a voluntary dismissal, entry of a stipulation and order dismissing the cause of action, or an order from the Court.

Evidence may be sent by email attachment or by physical delivery to Judge Daly’s Chambers. Electronic exhibits should be in a commonly recognized format such as PDF or JPEG. Exhibits are to be named in a manner to make them easily located and shall be submitted as separate documents. The Court will take judicial notice of items already in the court file, so those items need not be provided.

Parties with a large number of exhibits can utilize Dropbox or a zip file to transmit large amounts of evidence to the court. Call Judicial Assistant Paula Barto to confirm sending any such executable file at (352) 569-6960. Parties must also include an evidence list of exhibits for identification with a short description, indicating where any evidence items are to be judicially noticed and where the requested information or document can be found.

Traditional Trial Binders are also accepted by chambers in lieu of or in addition to electronic submission of physical evidence.

Counsel and pro-se parties are directed to confer to maximize the use of stipulations. Failure to follow these directives may result in exclusion of your evidence.

Shelter Hearings

• If the shelter is continued, the proposed order continuing the hearing must be submitted to the Court the same day.
• All parties shall be advised that if they are unable to have a stable connection to appear via audio and visual means, they shall appear in the Courtroom in person.

Referral to the General Magistrate

The Court refers matters to the General Magistrates for consideration and/or hearings. It is important to note on any Notices of Hearing whether the matter will be heard with Judge Erin Daly, or General Magistrate Brenda Coleman.

In-custody parents 

For in-person hearings:

• If the inmate is in the Sumter County Jail, please email the information to the Judicial Assistant at least two (2) business days prior to the court hearing so that arrangements can be made to have the inmate transported.
• If the inmate is in the Department of Corrections, a Motion to Transport needs to be filed at least two (2) weeks prior to the court hearing. A proposed order shall be emailed to the Judicial Assistant.

For electronic hearings:

• If the inmate is in the Sumter County Jail, please email the information to the Judicial Assistant at least two (2) business days prior to the court hearing.
• If the inmate is in the Department of Corrections, the inmate’s attorney will be responsible for making arrangements with the facility for their client’s appearance.

Amended Motions

All amended motions shall state within the title what the amendment is.

Proposed Orders/Case Plans

• Proposed orders shall not be uploaded to the E-portal until after the motion has been filed with the Court. A courtesy copy of the proposed order shall be emailed to the Judicial Assistant. All parties must be included in the email that contains the proposed order. Be sure to include how much time is necessary for the matter to be heard if the motion is not stipulated and a hearing is required.
• All proposed orders need to be in ICMS Word format (.docx). Word 97 or PDF documents will not be accepted. The preferred font is Times New Roman 12 except where statutory requirements are necessary.
• Motions and proposed orders shall contain updated statutes.
• If the Court requests a proposed Order based on the rulings of a motion hearing, it shall be submitted in proper order form. Please do not submit form orders from Adjudicatory Hearings.
• Prior to submitting proposed orders to the Court, the parties must state whether they object to the entry of the order or if there is no objection. If all parties do not agree, a hearing will be set.
• All proposed orders must be sent at least two (2) business days prior to the hearing.
• Pretrial Compliance Statements must be filed at least 48 hours in advance of the hearing.
• Case Plans must be filed 72 hours prior to Disposition/Case Plan Acceptance hearings. §39.521(1)(a), Fla. Stat.

Hearings 

• Contested Case Plan Hearings – Any party who objects to DCF’s proposed case plan prior to a contested case plan acceptance hearing, must file written notice of their objections, together with citation to any supporting legal authority, at least ten days prior to the hearing.  DCF must file a written response, together with citation to any supporting legal authority, at least five days prior to the contested case plan acceptance hearing.  DCF will file an amended case plan at least three business days prior to the hearing if they agree the objection(s) merit modification to the case plan.
• Pretrial Conferences – At Pretrial Conference, be prepared to confirm that you are prepared for trial. Specifically, you have contacted all witnesses and confirmed their availability, and you are in possession of all documents you need to go forward with your matter on the date of trial. (i.e., Putative Father Registry Certificates)
• Adjudicatory Hearings – All documents must be e-filed prior to the hearing commencing where the parties plan to request that the Court take judicial notice of said document. The Clerk will not accept the documents from you for filing at the Adjudicatory Hearing, and the Court cannot accept the documents after a final hearing has concluded. (Please see §90.203, Fla. Stat.)
• At least five (5) days prior to any contested hearing, provide legal authority to the Court and exchange with other parties. If you are planning to utilize an expert witness, exchange CV’s.

Chapter 39 injunctions

• A non-offending parent is a party.
• All documents must be e-filed prior to the hearing commencing where the parties plan to request that the Court take judicial notice of said document. The Clerk will not accept the documents from you for filing at the Injunction Hearing, and the Court cannot accept the documents after a final hearing has concluded. (Please see §90.203, Fla. Stat.)

Emergency Motions

Emergency Motions must be filed by 5:00 p.m. to be considered for placement on the following day’s shelter docket. Please email your emergency motion to the judicial assistant at pbarto@circuit5.org so it can be reviewed to determine if it will be placed on the next shelter docket or if it will be set for another time.

1. Attorneys may appear in-person or via Zoom.
2. Zoom link will be the same link for each CJ docket –
   Join Zoom Meeting
   Meeting ID: 987 2072 9701
   Passcode: 507879
3. Interpreting Services must be requested in advance.
4. Setting hearings Procedures:
   1. File motion with clerk.
   2. Serve all parties
   3. Courtesy copy to JA PBarto@circuit5.org, email with request to be heard and how much time needed.
   4. Once determined if hearing is required, the Judicial Assistant will provide date to attorney.
   5. If no hearing is required, an order will be filed, or the moving party will be required to submit a proposed order through the portal.
      • See “Submitting Proposed Orders” section below
   6. If a hearing is required, the Court will contact the requesting attorney to do the notice of hearing for the next scheduled juvenile hearing date or other date as ordered by the Court.

Felony Drug Court

The Sumter County Felony Drug Court Program is a court supervised intensive and highly structured program consisting of both comprehensive out-patient treatment and case management supervision for non-violent offenders, under the leadership of Judge Erin Daly. Successful completion of this 4-phase program can result in criminal charges being dropped.

• Sumter County Felony Drug Court Brochure
• Sumter County Felony Drug Court Participant Application

Misdemeanor Drug Court

The Sumter County Misdemeanor Drug Court Program is also a court supervised, highly structured program under the leadership of Judge Daly. The program includes, but is not limited to, regular court appearances, case management supervision; random drug screens, group/individual substance abuse counseling or approved substance abuse educational program. The length of this 3-phase program is generally less than felony drug court and can also result in your misdemeanor charges being dropped.

• Sumter County Misdemeanor Drug Court Participant Application

Veteran’s Court

The Sumter County Veterans Court program is a court supervised intensive and highly structured program, under the leadership of Judge Daly. The length of this 4-phase program is normally under 12 months in length.

The Sumter County Veterans Court is a special division of the Sumter County Court system. This Court supervised program for eligible Veterans in Sumter County who have a mental illness, substance abuse, or other mental health condition related to their military service, who need treatment and other services, and who choose to participate in the Veterans Court instead of having their case proceed through the regular court process.

The Mission of the Sumter County Veterans Court is to promote public safety while supporting eligible veterans and their families through a coordinated effort among veteran’s services, community services and the Court to leave no eligible veteran behind.

• Sumter County Veteran’s Treatment Court Participant Application
• Sumter County Veteran’s Treatment Court Mentor Application

• Fifth Judicial Circuit- Standing Order on Zoom Trials
• The Florida Bar Best Practice for Remote Court Proceedings

All trials and evidentiary hearings will be held in person at the Sumter County Judicial Center, 215 East McCollum Ave, Courtroom B, Bushnell, Florida, unless otherwise ordered by the court. The court recognizes the value of video conference technology and efficiencies that are found in court-conference technology in keeping dockets moving and the convenience in allowing litigants their day in court. The court also recognizes and appreciates the importance of in-person court in many situations.

Requests to participate via telephone or Zoom shall be submitted by filing a motion with the clerk, with a courtesy copy emailed to the JA PBarto@circuit5.org, and proposed order uploaded to the portal, no later than 3 business days before the scheduled event. The motion and order should indicate which party is requesting the remote appearance or if it is stipulated by the parties. Telephonic appearances for case management and status hearings in civil matters (CA cases) will be conducted through “CourtCall.” A proposed order for telephonic appearances should include the CourtCall information. Each party, including pro-se parties, must initiate their own call into CourtCall on the date and time of the scheduled hearing.

Zoom appearances are also permitted by the Court in family (DR) and civil (CA) case management, status conferences, and non-evidentiary hearings as a matter of course by timely request of any party. The court retains the discretion to direct any and all parties to appear in person unless otherwise precluded by statute or rule. Motions for appearance by Zoom in evidentiary matters must indicate that opposing counsel has been consulted and whether they stipulate or oppose the motion. Opposed motions for Zoom appearance are potentially subject to a telephone or Zoom hearing on the issue.

When the court permits the Zoom hearing, it is the responsibility of the attorney or pro-se party to ensure the Zoom link is provided to any witnesses to be called at the hearing and to the court reporter. Any evidence to be used at the hearing must be shared with the Court no later than 48 hours before the hearing. See “Evidence” tab on Judge Daly’s website for more information regarding submission of evidence. Failure to follow procedures on evidence can result in your evidence being excluded from consideration.

During Zoom hearings, the camera must remain active for the entire hearing. Turn off virtual backgrounds. If a participant is unable to have an active camera, the hearing should be held in-person or telephonically. Virtual hearings are only recorded when required by Florida law, and no party shall record the proceedings except the Court.

Ensure your Zoom name reflects your first and last name and any formal title. All parties are to be muted when not speaking or being addressed by the court. While testifying, do not communicate with anyone else or review any documents, reports, or notes without permission of the court. Attorneys appearing on behalf of a client at a virtual hearing are expected to dress and conduct themselves in the same manner as if in a traditional courtroom. Participants shall identify any other individuals present with them to the Court and opposing counsel.

The parties must comply with Fifth Judicial Circuit Administrative Order A-2021-58(IX) and, where not inconsistent, The Florida Bar Recommended Best Practice for Remote Court Proceedings. Attorneys must educate their clients and witnesses that Zoom court is the electronic version of the actual courtroom, and all rules of conduct apply, including no eating, smoking, driving, walking around, and other distracting behaviors.

Parties and attorneys may speak privately during a hearing by using the private Zoom chat or telling the court that they are texting on private phones. If any party wants to speak to counsel or vice versa, inform the court that a breakout room is requested for private communication. Otherwise, do not use electronic devices during the hearing.

All persons wishing to appear on Zoom are required to ensure they are in an environment that provides sufficient internet access and signal strength to participate and that their location is clear of all background noise. Counsel is encouraged to test their devices and practice using the technology prior to the hearing. If you have any technical issues, for example, if the screen freezes or you can’t hear someone, please let the court know immediately. If you can’t communicate any other way, you may use the chat to alert the court about what is happening. It is your responsibility to ensure you can connect and communicate with the Court.

Failure to comply with these provisions may result in the Court’s rescheduling of the hearing to be held in-person. If there are any questions about this order, please contact Judicial Assistant Paula Barto at PBarto@circuit5.org or call (352) 569-6960

Proposed orders shall be uploaded to the portal after the motion has been filed with the Sumter Clerk of Court and you have received confirmation the Clerk has docketed the motion and any supporting documents. Proposed orders submitted before the documents are in the court file will be returned to you with instructions to resubmit after the supporting documents have been properly placed on the docket for the Judge to review. When submitting your order/judgment through the E-filing Portal, it is recommended that you submit a cover letter as well to convey any necessary information to the Judge. Simple standard orders do not require a cover letter. Please be advised that if your order/judgment is rejected, the reason why it was rejected will be in a rejection note on the Portal. Once an order/judgment is rejected no further action will be taken until the submitting party corrects it and resubmits it.

See a tutorial video Submitting Proposed Orders Training 2024 on YouTube

Instructions for Creating Proposed Orders to Fifth Circuit Judiciary

Troubleshoot- Proposed Orders

Sample- Cover Letter

Sample- Proposed Order

E-Portal website

Service of copies of orders

It will be the submitting party or prevailing party’s responsibility to ensure orders are served upon any party not in the e-filing portal. Orders should contain the following language for service or something similar:

It is further ORDERED and ADJUDGED that within 5 days from the date of e-service of this Order/Judgment, the attorney submitting this Order/Judgment shall furnish a copy of this Order/Judgment to each self-represented party by U.S. Mail, first class, postage paid; and/or any other interested party not registered for electronic service through the Florida Courts E-filing Portal, and, file a certificate signed by that attorney that delivery of this Order/Judgment has been made as set forth herein.

If your proposed Final Judgment orders a Fact Information Sheet to be completed, you must serve that with a copy of the Final Judgment and include that it was served in your filed certificate.

Please note that orders and judgments that do not contain the proper language for service will be rejected with instructions to correct and resubmit.

Civil (Orders TBD)

1. Admin Order Establishing Circuit Court Civil Court Guidelines as to “Meet and Confer”
2. Admin Order re: Informing Clients when Seeking Continuance of Hearings or Trials
3. Admin Order Establishing Motion Practice Procedures for Civil Jury and Civil Non-Jury Docket
4. Motion in Limine Procedure Order for Civil Jury and Civil Non-Jury Docket
5. Administrative Order as to Summary Judgments

Family  

1. Administrative Order S-2008-03-A Re Standing Domestic Relations Court Order for Sumter County (and superseding S-2008-03)

UFC

1. Administrative Order S-2008-22 AO Establishing Policies and Procedures for Unified Family Court in Sumter County.

PROFESSIONALISM

Administrative Order A-2021-58-Administrative Order Adopting Ideals and Goals of Professionalism and Guidelines for Professional Conduct, Inclusive of Virtual/Zoom/Audio-Visual/Remote Court Proceedings.