Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.115 - MOTION PRACTICE

Current through Reg. 50, No. 138; July 16, 2024
(1) Any request for
				an order or for other relief shall be by motion and shall have a title
				describing the relief requested. The judge may treat any request for relief
				from an unrepresented party as a motion. All motions shall be in writing unless
				made on the record during a hearing and shall fully state the relief requested
				and the grounds relied upon. Any document referenced in any motion shall either
				have been filed prior to the motion or be attached to the motion.
(2) Except for motions to dismiss for lack of
				prosecution, prior to filing any motion, the movant shall personally confer
				with the opposing party or parties or, if represented, their attorneys of
				record to attempt to amicably resolve the subject matter of the motion. All
				motions shall include a statement that the movant has personally conferred or
				has used good-faith efforts to confer with all other parties or, if
				represented, their attorneys of record and shall state whether any party has an
				objection to the motion. Any motion filed without this certification shall be
				summarily denied.
(3) A motion
				which is unopposed shall state why an order is necessary to execute the
				parties' agreement and shall be accompanied by a proposed order which has a
				title describing the action to be taken. The motion and proposed order shall
				specify the relief being requested or ordered in reasonable detail and not
				merely by reference to any other document.
(4) If the motion has not been amicably
				resolved, the movant shall file the motion. When time allows, the other parties
				may, within 15 days of service of the written motion, file a response in
				opposition. Written motions may be ruled on by the judge before the expiration
				of the response period and provide for filing an objection to the order within
				10 days of the order, or the judge shall rule after the response is filed or
				after the response period has expired, based on the motion, together with any
				supporting or opposing memoranda. The judge may hold hearings on motions in his
				or her discretion. Any party seeking an evidentiary hearing on a motion shall
				plainly state so in the title of the motion.
(5) Motions for extension of time shall be
				filed prior to the expiration of the deadline sought to be extended and shall
				specifically describe the good cause for the request.
(6) Motions to expedite discovery or the
				final hearing shall set forth good cause and shall be served by electronic
				mail, facsimile, hand delivery, or overnight delivery. Any opposition to the
				motion must be filed within four days from the date the motion is
				served.
Rulemaking Authority
					 440.25(4)(h),
					 440.45(1)(a),
					 (4) FS. Law Implemented
					 440.25(4)(h),
					 440.45(1)(a),
					 (4)
					 FS.
New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12,
					 2-14-22.