60Q-6.113. Pretrial Procedure

(1) A judge, on the judge’s own initiative or on the motion of any party, may conduct status conferences or pre-hearing conferences.

(2) The parties or, if represented, their attorneys of record shall confer and complete a written pretrial stipulation. The claimant or claimant’s counsel shall forward the pretrial stipulation to the employer/carrier or their counsel, if represented, no later than 14 calendar days prior to the pretrial hearing. The employer/carrier or their counsel shall complete their portion and return the pretrial stipulation to the claimant or claimant’s counsel, if represented, no later than seven calendar days prior to the pretrial hearing. The judge may excuse any party who has complied with filing their completed and signed portion of the pretrial stipulation from live or telephonic attendance at the pretrial hearing. The judge may cancel the pretrial hearing if the stipulation is timely filed. In pretrial stipulations and at any pretrial hearing, the parties shall:

(a) State the claims, defenses, and the date of filing of each petition for benefits to be adjudicated at the final hearing. Any claims that are ripe, due, and owing, and all available defenses not raised in the pretrial stipulation are waived unless thereafter amended by the judge for good cause shown. Any amendment, supplement, or other filing shall only be accepted if it clarifies the claims and/or defenses pled. Absent an agreement of the parties, in no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed, unless permitted by the judge for good cause shown. The failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense;

(b) State each party’s position regarding the date of accident, jurisdiction over the subject matter and over the parties, the injuries alleged; venue, and timely notice of the pretrial hearing and of the final hearing;

(c) Stipulate to such facts and the admissibility of documentary evidence as will avoid unnecessary proof;

(d) Identify all exhibits, including impeachment and rebuttal exhibits;

(e) Identify the names, addresses, and telephone numbers of all witnesses, including impeachment and rebuttal witnesses, and state whether the witnesses will testify in person, by telephone, or by deposition;

(f) Exchange all available written reports of experts to be offered at trial;

(g) Consider and determine such other matters as may aid in the disposition of the case; and

(h) Any affirmative defense or avoidance, including any defense raised pursuant to Sections 440.09(4)(a) and 440.105, F.S., must be raised with specificity, detailing the conduct giving rise to the defense or avoidance. Objections based upon lack of specificity shall be raised in a separate motion to strike the affirmative defense or avoidance filed within 14 days of the filing of the completed pretrial, or within 14 days of the filing of any amendment to the pretrial stating a new affirmative defense or avoidance. If a motion to strike an affirmative defense or avoidance for lack of specificity is granted, the party asserting the affirmative defense or avoidance may amend the pretrial within 10 days after the order granting the motion to strike. Failure to plead with specificity shall result in the striking of the defense.

(3) If for any reason the written pretrial stipulation is not completed by all parties or their counsel, if represented, as provided in subsection 60Q-6.113(2), F.A.C., each party shall file and serve separate proposed typewritten pretrial statements no later than two business days prior to the pretrial hearing.

(4) Unless good cause is shown, a party’s failure to cooperate in the preparation and filing of their portion of the joint pretrial stipulation shall result in the imposition of appropriate sanctions, including but not limited to the striking of claims and/or defenses.

(5) Where mediation has been waived by the Deputy Chief Judge, the parties shall file a pretrial stipulation that conforms to the requirements of subsection (2).

(6) Witness lists, exhibit lists, supplements, and amendments served, and exhibits exchanged less than 30 days before the final hearing must be approved by the judge or stipulated to by the parties. Any amendments and supplements to the pretrial stipulation must relate to claims and defenses pled in the initial pretrial stipulation. In no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed, unless permitted by the judge upon motion for good cause shown. The failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense.

(7) The judge shall record the pretrial hearing by stenographic or electronic means at the request of any party.

(8) No discovery shall be permitted within 10 calendar days of the final hearing absent prior approval by the judge for good cause shown or by agreement of the parties.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(2)-(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22.