Erin Daly

CIVIL

1. Judge Daly DCAMS and MPO– Standing Order
2. Administrative Order- A-2024-59– Order Establishing and Implementing Differentiated Active Civil Case Management System DACMS.
3. Florida Supreme Court SC2023-0962 Opinion IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE.
4. Judge Daly- Stipulated Case Management Plan  -Efile to clerk. The Stipulated CMP only is to be e-filed with the clerks. Please do not combine the CMP and the Order Approving the CMP as one document.
5. Order Approving Stipulated Civil Case Management Plan – Download the Order, add the Plaintiff(s), Defendant(s) and the Case number.  Please do not edit the formatting (codes) on this order.  Submit the Proposed Order to the Judiciary (court) via the E-portal.

GUARDIANSHIP

1. Hearing requests for Guardianship will be scheduled on Monday afternoons. Please see Requests for Hearings to book via OnceHub.

CIVIL-PROPERTY

1. Hearing requests for all Civil-Property will be scheduled on Tuesday mornings. Please see Requests for Hearings to book via OnceHub.

ZOOM PRACTICE

• • Judge Daly- Zoom Procedures 
  • The Florida Bar Best Practice for Remote Court Proceedings

USE OF ARTIFICIAL INTELLIGENCE IN THE COURTS

A-2026-13– In Re: The Use of Artificial Intelligence in Court Filings and Proceedings, Disclosure of AI Use, The Certification of AI Generated Information, and The Protection of Confidential Information.

PROFESSIONALISM
Administrative Order A-2021-58-Administrative Order Adopting Ideals and Goals of Professionalism and Guidelines for Professional Conduct, Inclusive of Virtual/Zoom/Audio-Visual/Remote Court Proceedings.

 (OnceHub Scheduling) (OnceHub Instructions) – For hearing request up to one hour please use the schedule a hearing button below. Follow the instructions in OnceHub when booking your request.  Zoom requests for hearings 30 minutes or less for non-evidentiary hearings will be provided a zoom link.  See the Zoom Appearances for further information.

*For Hearings after December 2025, review our Court Calendar prior to booking a hearing. *

WED-FRI, anytime

Monday afternoons, 1-4pm

Tuesday Mornings, 9am-12pm

For hearing times that exceed one hour, please send your request to pbarto@circuit5.org, cc: all parties.  You must include your case number in the subject line, the total amount of time being requested by all parties as well as the motion that is to be heard. The Judicial Assistant will respond with your hearing time as soon as possible. It is YOUR responsibility to do a Notice of Hearing. When preparing your notice of hearing, please include the docket number for the motion(s) that will be heard.

All Evidentiary Hearings will be scheduled in person unless otherwise ordered by the Court.

Exhibits:  Five days prior to any hearing, submit all evidence which you intend to rely on as pre-marked exhibits via PDF format to opposing counsel or pro se party and email to the Court at pbarto@circuit5.org.

Civil – There are limits on what issues will be set for an in-person hearings, as the Court follows Motion Practice Procedures. You may request hearings on the following:

• Motion to Quash Service
• Motion to Amend Complaint to Include Punitive Damages
• Motion to Abate/Compel Arbitration
• Daubert (do not title as Motion in Limine)
• Motion for Summary Judgment (F.S.Ct. 2024-662)

If your motion is not one of the five motions listed above, please see the instructions for submitting a proposed order.

MOTIONS TO CONTINUE

Motions to continue any previously set hearing must set forth specific grounds for the request, must include acknowledgement of client consent to bring forth a motion to continue a hearing and shall also include the position of opposing counsel as to the motion.  Each motion to continue will be reviewed on a case-by-case basis to determine whether the Court is able to rule on the face of the pleadings or whether a hearing is required.  The stipulation of opposing counsel does not guarantee the granting of a continuance.

As per Fl Civ Pro Rule 1.460, motions for continuance of a trial are disfavored and should rarely be granted and then only for good cause. Any motion to continue a trial must be filed within 14 days after the appearance of grounds to support the motion. Failure to promptly request a continuance after the appearance of good cause may be basis for denying the motion to continue. Any motion filed to continue a trial, even if agreed, must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and (4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties. A motion to continue a trial shall be in writing and signed by the client.

CONFLICTS

A party having a conflict with a hearing shall comply with Florida Rule of General Practice and Judicial Administration 2.550(c).

The Notice of Conflict shall contain at least the following information: the case number creating the conflicts with the county of the case and the name of the judge presiding over the other case.  This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.

CANCELLATIONS

Noticed hearings set by a party may only be cancelled with the approval of the Court. If you wish to cancel a previously scheduled hearing, you must email PBarto@circuit5.org and advise of the reason of the cancellation request. If approved by the Court, you will be required to file a notice of cancellation.

If the hearing is one that was set by the Court, it will only be cancelled through a voluntary dismissal, entry of a stipulation and order dismissing the cause of action, or an order from the Court.

Evidence may be sent by email attachment or by physical delivery to Judge Daly’s Chambers, at least five (5) days prior to the scheduled hearing. Electronic exhibits should be in a commonly recognized format such as PDF or JPEG. Exhibits are to be named in a manner to make them easily located and shall be submitted as separate documents. The Court will take judicial notice of items already in the court file, so those items need not be provided.

Parties with a large number of exhibits can utilize Dropbox or a zip file to transmit large amounts of evidence to the court. Call Judicial Assistant Paula Barto to confirm sending any such executable file at (352) 569-6960. Parties must also include an evidence list of exhibits for identification with a short description, indicating where any evidence items are to be judicially noticed and where the requested information or document can be found.

Traditional Trial Binders are also accepted by chambers in lieu of or in addition to electronic submission of physical evidence.

Counsel and pro-se parties are directed to confer to maximize the use of stipulations. Failure to follow these directives may result in exclusion of your evidence.

Felony Drug Court

The Sumter County Felony Drug Court Program is a court supervised intensive and highly structured program consisting of both comprehensive out-patient treatment and case management supervision for non-violent offenders, under the leadership of Judge Erin Daly. Successful completion of this 4-phase program can result in criminal charges being dropped.

• Sumter County Felony Drug Court Brochure
• Sumter County Felony Drug Court Participant Application

Misdemeanor Drug Court

The Sumter County Misdemeanor Drug Court Program is also a court supervised, highly structured program under the leadership of Judge Daly. The program includes, but is not limited to, regular court appearances, case management supervision; random drug screens, group/individual substance abuse counseling or approved substance abuse educational program. The length of this 3-phase program is generally less than felony drug court and can also result in your misdemeanor charges being dropped.

• Sumter County Misdemeanor Drug Court Participant Application

Veteran’s Court

The Sumter County Veterans Court program is a court supervised intensive and highly structured program, under the leadership of Judge Daly. The length of this 4-phase program is normally under 12 months in length.

The Sumter County Veterans Court is a special division of the Sumter County Court system. This Court supervised program for eligible Veterans in Sumter County who have a mental illness, substance abuse, or other mental health condition related to their military service, who need treatment and other services, and who choose to participate in the Veterans Court instead of having their case proceed through the regular court process.

The Mission of the Sumter County Veterans Court is to promote public safety while supporting eligible veterans and their families through a coordinated effort among veteran’s services, community services and the Court to leave no eligible veteran behind.

• Sumter County Veteran’s Treatment Court Participant Application
• Sumter County Veteran’s Treatment Court Mentor Application

• Judge Daly’s Standing Order on Zoom
• The Florida Bar Best Practice for Remote Court Proceedings
• Administrative Order No. A-2021-58– Administrative Order Adopting Ideals and Goals of Professionalism and Guidelines for Professional Conduct, Inclusive of Virtual/Zoom/Audio-Visual/Remote Court Proceedings

All trials and evidentiary hearings will be held in person at the Sumter County Judicial Center, 215 East McCollum Ave, Courtroom B, Bushnell, Florida, unless otherwise ordered.

While the Court recognizes the efficiency and convenience of video conferencing for certain proceedings, it also values in-person appearances where appropriate.

Requests to appear by Zoom must be made by motion filed with the Clerk, with a courtesy copy emailed to the Judicial Assistant at PBarto@circuit5.org and a proposed order uploaded to the portal, no later than five (5) business days before the scheduled event. The motion and proposed order must identify the requesting party or indicate whether the request is stipulated. Most appearances for civil (CA) case management and short status hearings can be conducted via Zoom. Proposed Zoom orders must leave space for the Court to insert the meeting link and access information. Each party, including pro se litigants, is responsible for joining the Zoom hearing at the scheduled time.

Zoom appearances are generally permitted in civil (CA) case management conferences, status conferences, and other non-evidentiary hearings and will be set by the Court or upon timely request. The Court retains discretion to require in-person attendance unless otherwise prohibited by law or rule. Motions to appear by Zoom for evidentiary hearings must confirm whether opposing counsel has been consulted and state their position. Opposed motions may be set for hearing.

When a Zoom appearance is permitted, the requesting attorney or pro se party must provide the Zoom link to all witnesses and the court reporter. All evidence must be submitted to the Court at least 48 hours before the hearing in accordance with the procedures outlined on Judge Daly’s website. Failure to comply may result in exclusion of the evidence.

During Zoom hearings, participants must keep their cameras on at all times and may not use virtual backgrounds. If a participant cannot appear by video, the matter should be conducted in person. Proceedings will be recorded only as required by law, and no party may record the proceedings without Court authorization. Display names must include full names and any professional title. Participants must remain muted unless speaking.

While testifying, participants may not communicate with others or review materials without Court permission. Attorneys must appear and conduct themselves as they would in a courtroom and ensure their clients and witnesses do the same. Participants must disclose anyone present with them during the hearing.

All participants must comply with Fifth Judicial Circuit Administrative Order A-2021-58(IX) and, where applicable, The Florida Bar’s Recommended Best Practices for Remote Court Proceedings. Prohibited behaviors include eating, smoking, driving, or engaging in other distractions.

Private attorney-client communication may occur through Zoom chat, text messaging, or by requesting a breakout room. Otherwise, electronic device use should be limited. Participants are responsible for ensuring a stable internet connection and a quiet environment, and are encouraged to test their equipment in advance. Any technical issues must be reported to the Court immediately.

Failure to comply with these procedures may result in the hearing being rescheduled for in-person appearance. For questions, contact Judicial Assistant Paula Barto at PBarto@circuit5.org or (352) 569-6960.

After a motion has been filed with the Sumter Clerk of Court and the filer has received confirmation the Clerk has docketed the motion and any supporting documents, all Proposed Orders must: be in WORD format; contain the case number, contain a proper certificate of service; conform to electronic filing requirements; be uploaded to the Court’s e-filing portal to the judiciary.

Sample- Proposed Order

E-Portal website

Any exhibits to proposed orders are to be filed with the Clerk and referenced in the proposed order with the docket number and name of exhibit in the proposed order.

Proposed orders must be submitted in plain text and language. NO text boxes, macros, formulas, Word field codes, cells, page breaks, line breaks or section breaks are to be included.

Every order must be uploaded as a separate document in the e-portal. Keep the formatting such that the Judge’s signature does not land on a page by itself.

If your system uses applications to generate bulk documents, check all hidden fields or special characters by clicking the “Show/Hide” button in Word to discover hidden characters like spaces, paragraph markers, or hidden tab marks.

Proposed orders submitted before the documents are in the court file will be rejected/returned to you with instructions to resubmit after the supporting documents have been docketed. Orders that are not correctly formatted will be rejected unsigned.

Please be advised that if your order/judgment is rejected unsigned, the reason why it was rejected will be in a rejection note on the Portal. Once an order/judgment is rejected no further action will be taken until the submitting party corrects it and resubmits it.

When submitting your order/judgment through the E-filing Portal, it is recommended that you submit a cover letter as well to convey any necessary information to the Judge. Simple standard orders do not require a cover letter.

Sample- Cover Letter

It will be the submitting party or prevailing party’s responsibility to ensure orders are served upon any party not in the e-filing portal.

If your proposed Final Judgment orders a Fact Information Sheet to be completed, you must serve that with a copy of the Final Judgment and include that it was served in your filed certificate.

Please note that orders and judgments that do not contain the proper language for service and correct codes in capital letters without spaces will be rejected with instructions to correct and resubmit.