Order Setting Cause For Non-jury Trial And Pretrial Instructions

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order Setting Cause For Non-jury Trial And Pretrial Instructions is a commonly used form within Florida. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Order Setting Cause For Non-jury Trial And Pretrial Instructions

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Setting Cause For Non-jury Trial And Pretrial Instructions:

• This form pertains to the State of Florida

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Florida’s Form O3 - Order Setting Cause For Non-jury Trial And Pretrial Instructions up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Florida form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Florida probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form O3, take a break, and then review. Probate and estate settlement processes in FL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form O3 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form O3 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order Setting Cause For Non-jury Trial And Pretrial Instructions to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Florida.

5 reasons you should submit O3 as quickly as possible:

1. The sooner you begin, the faster Florida can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Florida. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Florida is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Florida probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Florida probate clerk or court for exact answers regarding Form O3, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Setting Cause For Non-jury Trial And Pretrial Instructions is one of the many probate court forms available for download through Atticus.

It may also be available through some Florida probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Florida.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form O3 - Order Setting Cause For Non-jury Trial And Pretrial Instructions f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Florida probate court office.

Order Setting Cause For Non-jury Trial And Pretrial Instructions is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Florida-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Florida Form O3 - Order Setting Cause For Non-jury Trial And Pretrial Instructions. You can use this to get an idea of the context of the form and what type of information is needed.

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA PROBATE DIVISION IN RE: ______________________________________________________ Case No. __________________ Section __________________ O-3 ORDER SETTING CAUSE FOR NON-JURY TRIAL & PRETRIAL INSTRUCTIONS THIS CAUSE is set for non-jury trial before the undersigned Judge in Chambers in the Lawson E. Thomas Courthouse Center, 175 Northwest 1 st Avenue, 11 th Floor, Miami, Florida, 33128, commencing on ____________________, 2016 at __:___ _.m. for a period of ___________. ALL ATTORNEYS AND/OR PRO SE PARTIES should be thoroughly familiar with the cause and prepared to consider and determine such matters as are set forth in Rule 1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this order may result in sanctions, including, dismissing the action, striking the pleadings, limiting proof or witnesses or taking any other appropriate action. It is further ORDERED and ADJUDGED as follows: 1. The parties shall take all reasonable and necessary measures to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Civil Procedure 1.330 and 1.460 and Judicial Administration Rules 2.250, and 2.545. 2. The following shall be done no later than forty-five days before the non-jury trial date set forth above: (a) Parties shall furnish opposing counsel with a written list containing the names and addresses of all witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and only those witnesses listed shall be permitted to testify; further, regarding expert testimony, each party shall furnish all information required by Rule 1.280. Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial. (b) A written list identifying all exhibits may be offered in evidence. Copies of witnesses and exhibit lists shall be timely filed with the Clerk of the Court. (c) All exhibits to be offered in evidence at trial shall be made available to opposing counsel for examination and initialing. (d) All plaintiffs/petitioners medical evaluations and other examinations, pursuant to Florida Civil Procedure Rule 1.360, shall have been completed. 3. The following shall be done at least ten days before the non-jury trial date set forth above: (a) All pretrial motions, deposition notices for use at trial and/or discovery matters or proceedings related thereto. Counsel must undertake, initiate and/or complete all discovery in such a manner as to comply with the time limitations set forth herein. No further discovery procedures or depositions for preservations of testimony shall be allowed without CASE NUMBER: leave of court or court approved written agreement of counsel. (b) COUNSEL IS ORDERED TO MEET WITH A VIEW TOWARD EXHAUSTING ALL EFFORTS TO REACH A SETTLEMENT. 4. COUNSEL SHALL IMMEDIATELY NOTIFY THIS COURT IN THE EVENT OF SETTLEMENT AND SUBMIT A STIPULATION AND ORDER OF DISMISSAL FULLY EXECUTED OR FULL SETTLEMENT OF ALL PARTIES PRESENT SHALL BE PUT ON THE RECORD. A PARTIAL SETTLEMENT MAY NOT BE SUBMITTED BUT MUST BE SCHEDULED BEFORE THE COURT NO LATER THAN 10 DAYS PRIOR TO THE TRIAL. 5. Mediation is mandatory and must be scheduled and completed, and the report submitted no later than ten days prior to the date of the trial. 6. This trial date is reserved. Any motions for continuance must be heard no later than 10 days before the trial date, and the aforementioned limitation(s) and provision(s) shall apply to the new trial date. The above procedures are set forth in the best interest of judicial economy and the proper scheduling for counsel. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this ______ day of ________________________, 20__. ___________________________________ Circuit Judge CC: All Parties of Record “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 N.W. 1 st Avenue, Suite 2702, Miami, Florida 33128, Telephone (305) 349-7175; TDD (305) 349-7174, or via Fax at (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” Order Setting Cause for Non-Jury Trial & Pretrial InstructionsPage 2 of 2