Op-ed views and opinions expressed are solely those of the author.

TALLAHASSEE, Fla. – A Florida circuit judge moved an election challenge involving Lieutenant Governor Jared Collins, Secretary of State Cord Byrd, and candidate James Fishback onto an expedited track Tuesday, setting a two-day evidentiary hearing for July 21-22 while significantly narrowing the issues that will ultimately be decided.

The hearing itself did not address the merits of the residency dispute. Instead, the court focused on establishing a streamlined schedule designed to resolve the matter before election deadlines become more pressing.

At the outset, the judge emphasized the need for efficiency, instructing observers to remain muted and explaining that the proceeding was intended solely to address scheduling and case management among counsel for the three parties.

Hearing Set for July 21-22

After hearing competing proposals from the parties, the court scheduled the evidentiary hearing for July 21 and July 22.

Counsel for the plaintiff urged the court to hear the case as early as the following week, arguing that election-related deadlines warranted an expedited resolution. Counsel for Fishback requested slightly more time, explaining that additional documentary evidence still needed to be assembled and that witness testimony would play a significant role in the case.

The court ultimately selected July 21-22, noting that while the matter is expedited, all parties must have sufficient time to prepare.

The judge also made clear that the hearing dates are expected to remain firm.

“There is really almost no chance that we can continue that,” the court advised. “You will have to be ready to go.”

Formal Discovery has been eliminated.  One of the more significant procedural developments came when the judge asked whether any party believed formal discovery was necessary before trial.

All parties agreed that depositions and traditional discovery could be dispensed with.

Instead, the court ordered only limited pre-hearing disclosures.

Each side must exchange witness lists and exhibit lists no later than five days before the hearing.

The parties must also confer regarding documentary evidence before trial in an effort to resolve as many evidentiary objections as possible.

The judge specifically cautioned counsel against spending valuable courtroom time debating routine evidentiary matters that could be resolved through cooperation beforehand.

Perhaps the most consequential development involved a Joint Stipulation of Facts filed by the parties shortly before the hearing. Most facts are currently undisputed.

After clarifying confusion over which portions remained contested, the court formally accepted the stipulation while identifying only five disputed paragraphs that will require proof at trial.

Those disputed sections are: Paragraph 15, Paragraph 17, Paragraph 22, Paragraph 24 and Paragraph 25.

Every other factual statement contained in the Joint Stipulation is now treated as agreed upon by the parties.

By eliminating the need to prove uncontested facts, the court substantially narrowed the scope of the upcoming evidentiary hearing.

Plaintiff’s counsel also asked whether certain foundational witnesses could testify remotely for purposes of authenticating documents.

The court indicated that the hearing is expected to proceed in person.

However, the judge left open the possibility of remote testimony if a party files a motion demonstrating good cause for a material witness who cannot reasonably appear in person.

Throughout the hearing, the judge repeatedly emphasized the court’s objective of balancing efficiency with fairness.

After resolving scheduling, discovery, stipulations, and exhibit procedures, the court asked counsel whether there were any additional measures that would help create “as efficient a process and fair and thorough a process as possible.”

With no further requests from the parties, the judge concluded the proceeding, complimenting counsel on their written submissions and encouraging continued cooperation leading up to the July hearing.

When the parties return to court later this month, the focus will no longer be on scheduling. Instead, the evidentiary hearing will concentrate almost entirely on the limited factual disputes that remain after the parties’ extensive stipulations, allowing the court to address the legal questions at the heart of the election challenge on an expedited timetable.

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Maureen Steele

Maureen Steele is co-founder of the American Made Foundation is an organization that connects influential leaders and grassroots movements to drive real change.

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