25 Jan What is a Case Management Conference in Florida Divorce?
Generally, a case management conference is a meeting where both parties, their respective lawyers, and a judge come together to discuss what will happen with a case. A case management conference under Fla. Fam. Law. R. P. 12.200 is a meeting that is held after the filing of the divorce. This conference is designed to take place at least 30 days after filing for a divorce, and it helps ensure that the divorce is proceeding in the manner it should. However, it can be held “any time after responsive pleadings or motions are due”.
During the case management conference, the judge checks in on the progress of the divorce process in order to ensure that both parties are following discovery rules – and generally helps to keep the litigation on track. If it is found that each party is not following procedure when it comes to the divorce, the court will give each of the spouses an order to follow all obligations by a certain time. In the state of Florida, during the Case Management Conference, the Court has the authority to:
(A) schedule or reschedule the service of motions, pleadings, and other documents;
(B) set or reset the time of trials, subject to rule 12.440;
(C) coordinate the progress of the action if complex litigation factors are present;
(D) limit, schedule, order, or expedite discovery;
(E) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts;
(F) schedule or hear motions related to admission or exclusion of evidence;
(G) pursue the possibilities of settlement;
(H) require filing of preliminary stipulations if issues can be narrowed;
(I) refer issues to a magistrate for findings of fact, if consent is obtained as provided in rules 12.490 and 12.492 and if no significant history of domestic, repeat, dating, or sexual violence, or stalking that would compromise the process is involved in the case;
(J) refer the parties to mediation if no significant history of domestic, repeat, dating, or sexual violence, or stalking that would compromise the mediation process is involved in the case and consider allocation of expenses related to the referral; or refer the parties to counseling if no significant history of domestic, repeat, dating, or sexual violence or stalking that would compromise the process is involved in the case and consider allocation of expenses related to the referral;
(K) coordinate voluntary binding arbitration consistent with Florida law if no significant history of domestic, repeat, dating, or sexual violence or stalking that would compromise the process is involved in the case;
(L) appoint court experts and allocate the expenses for the appointments;
(M) refer the cause for a parenting plan recommendation, social investigation and study, home study, or psychological evaluation and allocate the initial expense for that study;
(N) appoint an attorney or guardian ad litem for a minor child or children if required and allocate the expense of the appointment;
(O) schedule other conferences or determine other matters that may aid in the disposition of the action; and
(P) consider any agreements, objections, or form of production of electronically stored information.
At the end of the case management conference, the judge will make a decision about the case – whether it should move forward with another conference, go to mediation, or go to trial. As set forth above, some issues that can be decided at a case management conference are the scheduling of motions and pleadings, trial, and the disclosure of facts and expert witnesses. During the case management conference, the possibility of a settlement will probably also be discussed.
The case management conference can be a very beneficial meeting for all the parties involved in the divorce. It provides each party the opportunity to help prevent unnecessary waste of marital resources by providing them with a chance to have the judge help streamline the issues if the parties are not able to do this amongst themselves.