FI Divisional News

Family Law Division "FI": E-mail: CAD-DivisionFI@pbcgov.org

Please check back frequently as this website is subject to change. 

EFFECTIVE IMMEDIATELY:

ALL MOTIONS MUST BE FILED PRIOR TO SUBMISSION TO THE COURT

NOTICES OF UNAVAILABILITY:

When setting special set hearings and trials Division FI shall consider previously filed Notices of Unavailability.  In reviewing the same, the Court will take into account all Court ordered events with case number annotated, scheduled CLE commitments, and pre-paid personal vacations.  The Court has discretion whether to consider other commitments including depositions and mediations that are not Court ordered.  The Court will not consider blanket statements of unavailability. It is counsel's responsibility to update and file Notices of Unavailability.

Uncontested Dissolutions via Zoom on UMC:

At least 48 hours prior to an uncontested dissolution final hearing and no sooner, Counsel shall upload via the OnLine System a copy of the proposed judgment in Word format which has been approved by the other party and includes the amount of child support, if applicable, and direction on same. All attachments (such as marital settlement agreement, child support guidelines) must be in PDF format. A cover letter or the comments must indicate the proposed final judgment has been approved. Additionally, attached to the proposed final judgment must be any agreements in PDF, proof of residency (DL or Witness Affidavit or Florida ID), a testimony form, and a final disposition form.

Failure to provide this information will result in the matter not being heard and the parties will be required to reset the matter.

Motions to Withdraw:

If your client has executed written consent with a designated email for service as required by the General Rules of Procedure and Judicial Administration, a hearing is not necessary.  You may submit the motion with executed consent and designated email with a proposed order granting the motion to withdraw, designating the client's email for future service, and directing the clerk to update the file. Otherwise, a hearing that notices the client must be set on UMC via the OLS system.

Zoom Meeting Information

Dial by your location:

• US Toll-free 877-835-5257
• US Toll-free 888-475-4499

If your Order Setting Hearing was filed before July 1, 2024 and has another Zoom link included. The Court will use the link on that order for your special set hearing.

Certificate of Service

Certificates of Service with the language "ALL PARTIES" is NOT accepted in this Division. CERTIFICATE OF SERVICE SHALL LIST EACH PARTY SERVED.

Proposed Orders

All proposed orders are to be submitted to the court for review no later than 48 hours following the hearing and no earlier than 48 hours prior to the hearing via OLS. The court does not use e-courtesy.

All proposed orders must be submitted through the OnLine System. In the notes/comments section you MUST indicate whether it is one of the following utilizing one of the formats and exact language below:

1. AGREED ORDER WITHOUT HEARING: [Name of Order / attached motion / agreement].
2. ORDER AFTER HEARING: Parties agree the order [Name of Order] accurately reflects the Court's ruling after the hearing on [DATE AND TIME OF HEARING].
3. PARTIES CANNOT AGREE ON A PROPOSED ORDER [DATE AND TIME OF HEARING]. Attached is the transcript. Each party has submitted their own order with an explanation distinguishing the difference between the two proposed orders. The parties (attorneys and clients) understand the parties have a duty to attempt to resolve any conflicts and accurately set forth the ruling made by the Court.
4. FUTURE PROPOSED ORDER FOR HEARING ON [DATE AND TIME OF HEARING]: Wife/Husband's Proposed Order that has been provided to opposing counsel.

Providing Documents to the Court for All Trials and Evidentiary Hearings

1. Case Law shall be sent by hard copy and received three (3) business days prior to the hearing. No more than three (3) cases per issue.
2. You must mark exhibits as follows:
   • Petitioner (Wife / Husband) or Respondent (Wife / Husband)
   • Case Number:
   • Date:
   • Exhibit Number:
   • Objection: Yes / No
   • Admitted: Yes / No
   • Received by Judge Rosemarie Scher
3. If the hearing is a remote/Zoom hearing, you must provide hard copies of all exhibits two (2) days prior to hearing to opposing party/counsel and to the Court.
4. If the event is in person and more than one hour, you must provide opposing counsel in writing the opportunity to review exhibits two (2) days prior to hearing and bring pre-marked exhibits to the event. Exhibits to not need to be submitted to the Court prior to the hearing.  This rule does not apply if the matter was set in less than 7 calendar days, is one hour or less, or is a Domestic Violence proceeding.
5. Any witness appearing via video will be sworn-in by the court. Out of state witnesses appearing remotely must agree to being sworn in by video / zoom. It is incumbent upon the proponent of the witness to confirm the witnesses agrees prior to the hearing.
6. Any witness appearing via telephone (no video) must have a notary public available to be sworn-in or have filed an Affidavit if a notary is not available.

Mail courtesy hard copies of documents larger than ten (10) pages in totality (ex.: motions, memorandum of law and legal authority) for Special Set Hearings to the Court for review in advance of all hearings two (2) business days prior to the scheduled hearing. Judge Scher will review all motions, memorandum of law and legal authority prior to all Special Set Hearings. Legal authority is to be limited to the best three cases per issue absent good cause and no string citations. Memorandums must not exceed ten (10) pages without good cause.

E-mail courtesy copies of documents less than 10 pages (ex.: motions, memorandum of law and legal authority) for Special Set Hearings to the Court for review in advance of all hearings 3 business days prior to the scheduled hearing. Judge Scher will review all motions, memorandum of law and legal authority prior to all Special Set Hearings. Legal authority is to be limited to the best three cases per issue absent good cause and no string citations. Memorandums must not exceed ten (10) pages without good cause.

Scheduling Hearings

Uniform Motion Calendar (UMC):

• Please schedule UMC hearing online through the OnLine Scheduling System. UMC hearings are not scheduled with the judicial assistant.
• UMC hearing in Division FI are held on Tuesday and Thursday at 8:45 a.m. - 9:30 a.m. and Wednesday at 3:30 p.m. - 4:15 p.m.
• UMC hearings must be coordinated with opposing counsel or pro se litigant (unless short notice is agreed by all parties).
• The Court will only allow a maximum of two (2) motions to be set on one case.
• Ten (10) minutes allotted (5 minutes per side).
• Uncontested final hearings in dissolution, paternity, name change and temporary custody cases (without interpreter) will be heard on UMC.
• Contested evidentiary hearings and temporary custody cases (with interpreter) will not be heard on UMC.

At this time, the Court is not requiring a copy of the Notice of Hearing and Motion to be mailed to Chambers prior to the prior to the UMC hearing. Please be sure the motion and Notice of Hearing is docketed to the case prior to the hearing so that the Court may review all documents prior to the hearing. The Notice of Hearing must include the Court's Zoom information as set forth above. 

The Judge will review all motions and proposed orders for UMC prior to the hearing. Accordingly, prior to the scheduled hearing, please upload the proposed order and any supporting documents or required attachments (in PDF format) through the online services system. Please only submit your proposed orders 48 hours prior to your hearing and no sooner.

All notices of cancellation are to be filed with the Clerk of Court. The party setting the event in the OnLine System is required to cancel the event in the OnLine System. There is a cut off on the scheduling program of 24 hours prior to the event. If you are not able to cancel the UMC event through the system, notify the Court at CAD-DivisionFI@pbcgov.org and attach a courtesy copy of the filed notice of cancellation.

No domestic violence matters may be set on the UMC unless directed by the Court. All motions are to be filed with the Clerk in the Domestic Violence Division. The motion will be forwarded to the Judge for review. The judicial assistant cannot cancel or change hearing dates/times. 

Uncontested Dissolutions of Marriage

Uncontested Dissolutions of Marriage require a hearing at UMC.  See instructions above. They may be conducted in person and/or hybrid as parties can choose to appear both by Zoom and in person. Parties appearing via Zoom must provide proper notice to all parties. The Courts static Zoom link is listed above.  The proposed final judgment must be submitted via OLS only in WORD format. Documents listed below must be attached to the proposed final judgment in PDF format:

1. The Final Disposition Form
2. Mediated Settlement Agreement (Only if it is to be merged with the Final Judgment)
3. Parenting Plan (Only if it is to be merged with the Final Judgment)
4. A copy of your client's driver's license - The driver's license issue date must demonstrate residency 6 months prior to filing of the petition.
5. A cover letter needs to specify that all parties, pro se or opposing counsel, have reviewed the Final Judgment and have no objection. Also, if there are children involved, the Final Judgment needs to incorporate specifics on child support (i.e. how much, how it is to be paid, & how often it is to be paid.)

Case Management Conferences: 

Parties frequently request a case management conference. Prior to setting a request for case management conference on UMC via OnLine System, the requesting party shall file a notice with all of the following identified by docket number when appropriate, and date of filing:

1. Indicate the docket numbers of the controlling pleadings;
2. Indicate the docket numbers of the responsive pleadings including any counter-petitions and answers;
3. If post judgment, identify the docket numbers of the referral to the Magistrate, timely Objection, and Order regarding the Objection;
4. Indicate the date mediation was attended AND what issues, if any, were resolved;
5. Indicate the docket numbers of both parties' Financial Affidavits and dates filed;
6. Indicate the docket numbers of both parties' social security numbers filed;
7. Indicate the docket numbers of both parties Notice of compliance with Mandatory Disclosure;
8. If children: indicate the docket numbers of each parties' certificate of completion of Parenting Course (NOTE: the person requesting case management MUST have completed course).
9. The requesting party must have a telephone or zoom conference with the other party's counsel to discuss and include in the motion any outstanding motions that have been filed and requests to be heard prior to trial and all matters set forth in Family Rule of Procedure 12.200.
10. Upon compliance of the above, counsel may coordinate a UMC via the OLS system and the Court will decide if additional case management conferences / pretrial conferences are required.

Requests for Trial Date:

When a case is at issue, file a Notice for Trial with a courtesy copy to Court including the following:

1. Indicate the docket numbers of the pleadings at issue ready to be tried with AMOUNT OF TIME REQUESTED;
2. Indicate the docket numbers of the responsive pleadings at issue ready to be tried including any counter-petitions and answers;
3. If post judgment, identify the docket numbers of the referral to the Magistrate, timely Objection, and Order regarding the Objection;
4. Indicate the date mediation was attended AND what issues, if any, were resolved;
5. Indicate the docket numbers of both parties' Financial Affidavits and dates filed;
6. Indicate the docket numbers of both parties' social security numbers filed;
7. Indicate the docket numbers of both parties Notice of compliance with Mandatory Disclosure;
8. If children: indicate the docket numbers of each parties' certificate of completion of Parenting Course (NOTE: the person requesting trial MUST have completed course).

Instructions for Special Set Hearings 

Family Division "FI" participates in the Online Scheduling for Special Set Hearings for hearings thirty (30) minutes. Once a date/time is selected, counsel will then submit a proposed Order Setting Hearing through the Online System for the Court's signature (not a Notice of Hearing filed with the Clerk of Court). If no times appear, please check the system regularly for new dates and times. As dates and times are available they are released into the online system.

Please email the Court's judicial assistant for special set hearings that require longer than 30 minutes. Submit requests to CAD-DivisionFI@pbcgov.org, copying the other parties, to obtain available dates and times to coordinate with the opposing party. In the email request, the party requesting the hearing will provide case number, complete style of the case, amount of time needed, the motion(s) to be heard including full title of the motion and filing date(s) of the motion(s) or docket entry number(s), if available. Please be advised the requests are logged and processed in order of administrative priority, statutory guidelines and date of receipt. Once all parties have coordinated in good faith and selected a date, the party requesting the hearing is to email the judicial assistant to verify that the date selected is still available. Once parties receive an email confirmation that the date and time is secured they may submit their Order Setting Hearing through the Online System for the Court's signature (not a Notice of Hearing filed with the Clerk of Court). Kindly be advised, delay in coordination and securing the date may result in losing the date.

The Court is cognizant that many evidentiary hearings cannot be handled remotely unless the parties can reach agreement on some of the procedural or evidentiary rules. Parties must have had a remote conference prior to the evidentiary hearing to discuss evidentiary and witness stipulations. If the parties have not complied with these instructions and a remote hearing may not be effectively conducted, the Court will discontinue the hearing and reset the hearing for an in-person hearing.

Please contact Judge Scher's office via email if you desire to schedule an evidentiary hearing of more than 30 minutes. If you believe that your case requires emergency action pursuant to Family Administrative Order 5.203-1/17, you should file the appropriate motion in writing.  DO NOT CONTACT THE COURT UNLESS YOUR MOTION HAS BEEN FILED WITH THE CLERK.

Contested Evidentiary Hearings and Dissolution Trials

For all trials:

A pre-trial stipulation must be filed no later than 2 business days prior to hearing with a courtesy copy submitted to the Court via email. If a joint stipulation cannot be reached, counsel must certify the attempts to obtain one, including that counsel provided the submitted unilateral proposed stipulation to opposing counsel at least 48 hours prior to submission to the Court with no response. Failure to comply with these requirements may result in your trail not being heard.

The stipulation must include the witnesses to be called, the agreed to issues, disputed issues with the relief requested by each party, disputed assets and liabilities (see below), proposed parenting plan, proposed child support guidelines.

Pursuant to Florida Statute Section 61.075 (3):

In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:

1. Clear identification of nonmarital assets and ownership interests;
2. Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;
3. Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
4. Any other findings necessary to advise the parties or the reviewing court of the trial court's rationale for the distribution of marital assets and allocation of liabilities.

Counsel must provide the Court a written numbered list of every disputed asset and liability with proposed value addressing all of the above no later than 2 business days prior to the hearing.

General Magistrate Referrals

Pursuant to FL. Fam. Law. R.P. 12.490 General Magistrates and Administrative Order 5.104, all post judgment and non-child support matters are to be referred to the General Magistrate. Pursuant to FL. Fam. Law. R.P. 12.491, for post judgment child support only no referral is necessary and the matter shall be heard by the child support hearing officer / General Magistrate.

Post judgment matters other than those dealing with child support, require an Order of Referral to Magistrate. The Order of Referral must include the date of filing of the motion, the specific Magistrate assigned, and the hearing room number of the Magistrate listed immediately above the style of the case.

Order of Referral to General Magistrates are to be sent directly to the Magistrates for review. Please see Administrative Order 5.104 regarding Appointment of Magistrates Please review the Magistrate's webpage for the instructions on submitting proposed orders via OnLine System, procedures for contacting that office and instructions for scheduling hearings with the magistrate.

Local Rule 4

The Court requires strict compliance with amended Local Rule 4. Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. See amended Local Rule 4.

If all parties agree, Judge Scher will rule on any motions based on the written pleadings and responses without the necessity of a hearing.

For questions regarding how to upload or schedule via OLS, go to the 15thcircuit.com, scroll to the bottom of the page and click on "CourtHelp4U".

Service by Publication

For information on the Court's requirements for Affidavits of Diligent Search and/or Service by Publication. Please go to the information page on the 15th Circuit website, Service by Publication Information Sheet and Court's Minimum Requirements..

Self-Represented Parties (Pro Se)

If you are a self-represented pro se party (with no attorney), you must contact the Family Court Case Manager for questions and procedural guidance regarding your case. Status inquiries should be made using the Family Case Inquiry system.

Child Custody Exchange Locations

Please take note that the Palm Beach Sheriff's Office has designated the neutral safe locations (a.k.a. "purple light" locations) for child custody exchanges pursuant to the Cassie Carli Law which went into effect on July 1, 2024. 

The locations are as follows:

District 1 - West Palm Beach - 3228 Gun Club Road, West Palm Beach, FL 33406

District 3 - North County - 8130 Jog Road, West Palm Beach, FL 33412

District 5 - Western Palm Beach County - 38840 State Road 80, Belle Glade, FL 33430-5617

District 7 - Boca Raton - 17901 State Road 7, Boca Raton, FL 33498

District 9 - Village of Royal Palm Beach - 11498 Okeechobee Blvd., Royal Palm Beach, FL 33411

Do Not Send Letters, Emails or Notes to the Court

The Court does not act on letters, notes or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court. All communication and/or documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.

*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifteenth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case. The Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court. The Court cannot ethically read or consider any other opinions or arguments about the case. Communications that do not meet these legal requirements cannot be forwarded to the Judges.