Proposed orders that have been approved by opposing counsel or those that do not require approval must be submitted in PDF format through the Florida Courts E-Filing Portal.
Proposed orders following a hearing should be submitted within 5 days, but may be submitted within 10 days in some instances. See Admin. Order S-2024-046 para. 13(B). Failure to timely submit a proposed order may result in denial of the motion without prejudice or a rehearing. As required by paragraph 13 of Administrative Order S-2024-046, the party charged with submitting the order must consult with all parties within 3 days of the hearing and make a genuine effort to agree on the language of the proposed order.
Cover Letters. Proposed orders should be accompanied by a cover letter identifying the hearing date (if any) and stating whether all parties agree to the form of the order. It is not sufficient to state that the proposing party has not heard back from others, unless 5 days have elapsed without a response. The cover letter must affirmatively state whether the other parties object or do not object to the form of the order. Any party objecting to the form of an order must notify chambers immediately and submit a competing order within 3 days. (See below.)
Agreed orders. Proposed orders on agreed relief or relief sought jointly by the parties should begin with “Agreed Order” in the caption. The first paragraph of the order must state that the parties agree to the relief afforded by the order, and it must identify the stipulation or motion providing the basis for the relief. Except in rare circumstances, agreed orders that are not preceded by a motion or stipulation will be rejected. See also Admin. Order S-2024-046.
Competing proposed orders. If, following a hearing, the parties disagree about the form of an order, or the Court requests competing proposed orders, they may submit competing orders. Competing orders should be submitted in Word ™ format to the division email (circivdivk@fljud13.org) with the words “Competing Proposed Order” in the subject line. The email may briefly describe why the party’s proposed form is correct, but additional legal argument is prohibited. Transcripts or excerpts may be submitted, if appropriate. Competing proposed orders requested by the Judge should not be uploaded to the ePortal.
Proposed Orders NOT Agreed Upon by the Parties
Competing Orders - If parties do not agree with the form of the Order, each party may email the JA a proposed Order as a Word Document, along with a cover letter detailing the conflicting issues. The competing Order must be received within 3 days.
No Response - If after 5 days of service a response is not received by opposing counsel, a proposed Order, as a PDF, may be uploaded to the Florida ePortal, along with a cover letter detailing the service and no response, for Judge Marlewski’s consideration.
Proposed Orders Following a Hearing
A proposed agreed Order, along with a cover letter, should be uploaded, as a PDF, to the Florida ePortal within 5 days of the hearing unless otherwise directed by Judge Marlewski during the hearing. If the parties do not agree with the form of the Order, competing Orders, along with cover letters, must be sent to the JA, as Word Documents, within 5 days of the hearing unless otherwise directed by Judge Marlewski during the hearing.
Cover Letters
A cover letter must accompany each proposed Order and should state:
Title, filing date, and hearing date of Motion
Date the proposed Order was provided to opposing counsel
Opposing counsel agrees to the Order OR opposing counsel failed to respond after 5 days OR opposing counsel indicated they object and will be submitting a competing Order
If a party is pro se and does not have an email address associated with the case, the attorney will be responsible for mailing copies of the Order to pro se parties.
How to upload Orders to the E-Portal for Electronic Signature
MyFLCourtAccess.com
E-Portal Help Desk 850-577-4609