AI Divisional Instructions

Division AI - Judge G. Joseph Curley

Judicial Assistant Lucille Kilgallon
Courtroom 11C, Judge Daniel T.K. Hurley Courthouse
CAD-DivisionAI@pbcgov.org

Divisional Instructions

Sections II to XI of these Divisional Instructions provide updated information pursuant to the 2025 amendments to the Florida Rules of Civil Procedure and the 15th Judicial Circuit's Administrative Order 3.110 (as amended 12/24). Sections XII to XXVIII outline detailed procedural information relating to specific topics (e.g., definitions of the different types of hearings, how hearings are set and cancelled, and guidance regarding obtaining hearing time; instructions relating to submission of orders; requirements pertaining to specific motions, etc.). Answers to most general questions can be found therein.

For case-specific questions, the best way to contact the judicial assistant (JA) is via email at CAD-DivisionAI@pbcgov.org.

Table of Contents

I. General Practices and Procedures

Professionalism and Courtesy

Parties and counsel are expected to govern themselves at all times with a spirit of cooperation, professionalism and civility and to accommodate each other whenever reasonably possible and eliminate disputes by reasonable agreements.

The Court expects all counsel and self-represented parties to act in accordance with the professionalism standards of the Florida Supreme Court and the Florida Bar. These standards are set forth in the following:

1. the Florida Supreme Court and The Florida Bar Professionalism Expectations;
2. the Rules Regulating the Florida Bar;
3. the Florida Bar Creed of Professionalism; and
4. the Oath of Admission to the Florida Bar.

All counsel are reminded that the Oath they have taken includes the following:

I will maintain the respect due to courts of justice and judicial officers;

To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;

I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged.

Oath of Admission to The Florida Bar (excerpt)

Communication with Chambers

The judicial assistant is a dedicated public servant with a heavy workload. Please be sure to treat her courteously and respectfully as she works to assist you on your case.

Unless otherwise specifically directed by the Court, communication with chambers on case-related matters is limited to scheduling hearings and related issues. If the Court has directed the parties to send an email to chambers, please indicate in the email exactly what direction was given and when.

All communications must be via email to JA Lucille Kilgallon at CAD-DivisionAI@pbcgov.org, with all parties copied and otherwise in accord with the instructions on setting hearings set forth below. The Court does not accept ex parte communications via email or by telephone. The judicial assistant will direct anyone who contacts chambers ex parte to send an email with all parties copied.

All substantive issues are handled by the Court via motion. Please file a motion and do not contact the judicial assistant about any substantive matters.

II. Uniform Differentiated Case Management Order and Order Setting Trial (DCMO)

Pursuant to the 15th Judicial Circuit's Administrative Order 3.110 (as amended 12/24), at the time of filing cases that are not exempt under the administrative order will be automatically designated to one of three tracks—the General Track, the Streamlined Track or the Expedited Track—and will receive one of the three orders below:

1. Uniform Differentiated Case Management Order and Order Setting Trial (DCMGJT). The General Track is for JURY TRIALS, and time to disposition is within 18 months after service on the last defendant or 120 days after commencement of the action.
2. Uniform Differentiated Case Management Order and Order Setting Trial (DCMSNT). The Streamlined Track is for NON-JURY TRIALS, and time to disposition is within 12 months after service on the last defendant or 120 days after commencement of the action.
3. Uniform Differentiated Case Management Order and Order Setting Trial (DCMENT). The Expedited Track is for FORECLOSURE TRIALS, and time to disposition is within 12 months after service on the last defendant or 120 days after commencement of the action.
4. A fourth track, the Complex Track, contemplates disposition within 30 months after service on the last defendant or 120 days after commencement of the action. Cases will not be automatically designated as complex; a motion must be filed and a hearing set.

The DCMO is your trial order. Each of the DCMOs listed above contains a schedule with a calendar call date and pretrial deadlines. These are firm deadlines. The ways to modify these deadlines if necessary is addressed in section V. Cases must be ready for trial by the date of calendar call. See the table below for the trial docket that corresponds to the calendar call date in the DCMO.

IMPORTANT NOTE: Cases will be reassigned tracks only under very limited circumstances. Re-designation is not for merely modifying deadlines or obtaining continuances. See Part 4 of Administrative Order 3.110.

III. Calendar Call, and What to Expect at Calendar Call

In Division AI, Calendar Call is held in person in Courtroom 11C at 9:00 A.M. on the dates provided in the table below. The table also lists the corresponding trial docket for each calendar call. The first day of the trial docket is 10 days after calendar call.

2025

2026

In-person appearance at calendar call is strongly preferred. If a party wishes to appear via Zoom because of extenuating circumstances, a motion and order is required. Submit the proposed order on the Online Scheduling System and provide the motion as an attachment. If the motion is granted, the order approving the Zoom appearance will include procedures for calendar call and the Zoom information.

As required in the DCMO, parties are expected to be ready for trial at the time of calendar call. Ready for trial means that the parties have complied with all provisions of the case management order; have completed mediation; timely filed a joint pretrial stipulation with all exhibit and witness lists attached; and all motions have been heard or are set for hearing. Counsel must also be prepared to confirm whether the trial is jury or non-jury, and to advise the Court of the number of days anticipated for trial and the number of potential jurors requested for the venire. Unless an enlarged panel has previously been ordered by the Court after motion and a hearing, the maximum is 42.

The Court expects that counsel will have conferred prior to calendar call to discuss which weeks of the trial docket they, their clients, witnesses and experts will be available for trial. Conflicts recognized by the Court are limited to specially set trials and "Life before Law" personal attorney issues (pre-paid vacations, life events, medical issues). An appearing attorney must be prepared to advise the Court of all attorneys' availability for trial and future hearings as necessary, or those conflicts will not be recognized by the Court.

Any other lawyer conflicts, as well as witness and litigant conflicts, will be considered as preferences. Counsel shall be prepared to advise the Court of efforts made to preserve testimony, arrange for remote appearance, or otherwise resolve any witness or litigant appearance conflicts.

At calendar call, counsel will advise the Court of at least two (preferably three) weeks of the docket period that they will be available and ready for trial.

The trial docket will be posted on the website the week following calendar call. The number one case for each trial week will receive an order setting a trial date certain and a pretrial case management conference.

IMPORTANT NOTE: If your case has settled, please notify the Court immediately at CAD-DivisionAI@pbcgov.org, to allow us to give the backups as much advance notice as possible.

IV. Enlarged Jury Panels

Local rules and A.O. No. 2.402-12.21 require advance approval of the Chief Judge and Jury Office for jury panels exceeding 42 jurors. To ensure enough jurors are available, requests for enlarged jury panels must be resolved at least six (6) months before calendar call. The requests must be made via motion and scheduled for hearing on the Court's UMC docket or as part of a case management conference.

If the Court has not issued an order granting a motion for enlarged panel, the Court will not be able to accommodate a venire of more than 42 potential jurors.

Per the DCMO, failure to timely request an enlarged panel may result in Court-ordered sanctions, including a limitation on peremptory challenges.

V. DCM Case Management Conferences (DCM)

1. Scheduling

   DCM case management conferences are scheduled through the Circuit's Online Scheduling System under DCM—Case Management Conference Scheduling. In Division AI, DCM case management conferences are held on certain Mondays at 4:00 p.m. via Zoom. The available DCM conference timeslots are posted on the Online Scheduling System. Two Mondays are set aside each month for DCM conferences.

2. Procedures for Amending a DCMO

   Motions to amend the DCMO must include:

   1. the basis of the need for the extension, including when the basis became known to the movant;
   2. whether the motion is opposed;
   3. the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties;
   4. the action and specific dates for the action that will enable the movant to meet the proposed new deadline or projected trial period, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available. (See Rule 1.200 Fla. R. Civ. P.); and
   5. a proposed order with the motion which shows good cause (in detail) to grant the motion, the specific relief requested, and a statement of what, if any, additional discovery is allowed.

If a party wishes to discuss an amendment to the DCMO, and the amendment is either not agreed or will change the trial ready date (in effect, a motion for continuance) it is the Court's preference that such should be set as addressed in V (a) above and not on the UMC docket (unless exigent circumstances exist). DCM conference slots are specifically reserved for this purpose and will hopefully alleviate overcrowding on UMC. Motions to change a trial track and motions to designate a case as a complex case can be heard at a DCM conference or a case management conference (CMC).

If parties agree to change the deadlines in the DCMO, and the case remains ready for trial on the assigned calendar call date, they may do so by submitting an agreed order on the Online Scheduling System. A DCM case management conference is not necessary.

Refer to the 15th Circuit's Administrative Order 3.110 (amended 12/24) for complete information regarding amendments to Differentiated Case Management Orders.

IMPORTANT NOTE: DCM conference timeslots are for scheduling DCM case management conferences only. All other motions that are appropriate for UMC (i.e., non-evidentiary motions that can be handled in a total of 10 minutes or less) must be set on the Uniform Motion Calendar for hearing.

VI. Case Management Conferences (CMC)

Any party or the Court may set a CMC.

1. Scheduling

   The Court can set a case management conference, or the parties can notice one. Regardless of who does it, the notice must be "reasonable." Case management conferences are set online at any available UMC date at 8:30 a.m. on Tuesday, Wednesday or Thursday and are held via Zoom.

   If noticed by a party, the notice "must identify the specific issues to be addressed during the case management conference AND must also provide a list of all pending motions."

   The Court can set, or the parties can request, case management conferences as-needed or on an ongoing basis. The Court encourages this practice. The Court also encourages the parties to set a CMC to obtain hearing time should they be unable to secure time after reasonable efforts to do so.

2. Issues that may be addressed

   The Court can address any issue during the conference that could impact the case.

   On reasonable notice and if there is adequate time, the Court may require the parties to argue any pending motion on the list EXCEPT motions for summary judgment and anything needing an evidentiary hearing.

3. Preparation is required

   Parties must be prepared to talk about any motion on the list, to make decisions about the conduct of the case, and have authority to make binding representations on motions, issues and scheduling. Counsel are advised to have their calendars handy. The parties (as opposed to counsel), are not required to attend case management conferences unless the Court specifically orders such.

4. Failure to Coordinate–Scheduling Case Management Conferences Unilaterally

If a party is unable to coordinate a Special Set Hearing with all pertinent participants after at least six (6) attempts at least 48 hours apart over the course of at least two (2) weeks, the party may file a Notice of Hearing for Case Management Conference and unilaterally set a Case Management Conference on the Court's UMC docket.

Proof of attempts to coordinate is required. If a unilateral Case Management Conference is set that does not include proof of attempts to coordinate within these time frames, absent good cause the Court will not hear the matter.

The Notice of Hearing for Case Management Conference must comply with Rule 1.200. As such, it must identify the specific issues to be addressed during the Case Management Conference and must also provide a list of all pending motions, including any motions which were not able to be coordinated.

Failure of counsel or a self-represented party to attend a Case Management Conference may result in the Court dismissing the action, entering a default, striking the pleadings, limiting proof or witnesses, or taking any other appropriate action against the party failing to attend. Rule 1.200(j)(6)

VII. Trial Continuances

If a case cannot be ready for trial by the date set for calendar call despite all good faith efforts, a motion to continue trial must be set for a Differentiated Case Management (DCM) conference as described in the 15th Circuit's Administrative Order 3.110 (as amended 12/24). Absent exigent circumstances, it is the Court's preference that motions to continue trial should be set for a DCM conference rather than at UMC. Any motion to continue the trial must comply with Fla. R. Civ. P. (recently amended) Rule 1.460, including verifications signed by the client(s). Agreed or joint motions for continuance must also be set for hearing.

Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case.

Motions must be in writing unless made at a trial and, except for good cause shown, must be signed by the named party requesting the continuance.

Motions must be filed promptly after the appearance of good cause to support such motion. Failure to promptly request a continuance may be a basis for denying the motion to continue.

All motions for continuance, 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.

Every motion for a continuance must also include a proposed amended Differentiated Case Management Order (DCMO) resetting each pretrial deadline that remains applicable and indicating the date set for calendar call when the case can be ready for trial. You must use the calendar call dates found in the table in section II.

Examples of the three types of DCMOs can be found at Civil Differentiated Case Management Forms & Orders You can use the appropriate order as a template for your proposed amended scheduling order.

The parties must provide a proposed Order on the Motion for Continuance. The rules now require that the court state, either on the record or in a written order, the factual basis for the ruling. Accordingly, the proposed order must include the factual basis offered for the continuance. The proposed order must also suggest a new trial date or set a case management conference. Finally, the proposed order must reflect what further activity will or will not be permitted. See Rule 1.460.

The parties are reminded that the Court is empowered to take reasonable measures to allow a trial to go forward despite a failure to meet deadlines, take discovery or other issues. Such measures may include excluding experts or witnesses, limiting depositions, or requiring nighttime or weekend discovery, etc. The Court is also empowered to impose appropriate sanctions/remedial measures on the party that causes a continuance.

VIII. Rollover Cases

If your case is not reached on the scheduled docket, the case will be reset as soon as practicable or the Court will set a CMC to discuss rescheduling as soon as practicable. Unless the Court enters an order or the parties agree in writing otherwise, no additional discovery, witnesses or exhibits are allowed. The parties are required to be trial ready at the first docket.

IX. Motion Practice

1. For non-evidentiary contested matters, the parties are encouraged to submit such motions to the Court to address without a hearing. The parties may do so by letter to the judicial assistant enclosing all necessary papers and proposed orders, and stating the parties' agreement to allow the Court to rule on the papers without a hearing. This suggestion is made by the Court to allow hearing time to be used for those matters that need a hearing to be properly addressed by the Court.
2. If a party files a motion, it is required diligently to set it for a hearing. Should a party fail to do so, the Court may sua sponte rule that the motion is abandoned.
3. Despite the Court's best intentions, should the Court fail to enter an order after a hearing within 60 days, the Court asks that the parties send an inquiry/notice to the judicial assistant by email advising that the motion remains unresolved by the Court.

X. Notes re Discovery under Amended Rules

1. Discovery relates to pending claims and defenses—not for potential claims.
2. Proportionality applies to all discovery. Proportionality begins with relevance to pending claims and may no longer include everything that is relevant if not proportionate to needs of the case.
3. "Staged" or "staggered" discovery is encouraged. Discovery rulings are always without prejudice unless otherwise stated. Put simply, core discovery may go first and then, with evidence, fringe discovery may follow if proportionate to case needs.
4. Objections to discovery must be timely, specific and detailed or they are waived. The Court encourages setting objections for a hearing as opposed to motions with legal briefs in support and opposition that embellish on the objections.
5. Documents not subject to objection must be produced, even if objections are made to others.
6. Initial discovery disclosures are required in all cases filed after December 31, 2024. A party may not seek additional discovery until that party's initial disclosure obligations are satisfied. Rule 1.280(a), (k), (f)
7. Supplemental discovery is required in all pending cases, no matter when filed. Parties now have an ongoing duty to timely supplement and correct discovery. Rule 1.280(g), (k)
8. All discovery disclosures, requests, responses, and objections must be certified by an attorney or self-represented party. If a certification violates the Rule without substantial justification, the Court must impose sanctions. Rule 1.280(k)
9. If a discovery motion is granted/denied, the Court must award "reasonable expenses" to the prevailing party unless the Court finds substantial justification or other circumstances that make an award unjust. Rule 1.380(a)(4)
10. If a party fails to provide information or identify a witness as required by the discovery rules, the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In addition to or instead of this sanction, the court, on motion and after giving an opportunity to be heard: (1) may order payment of the reasonable expenses, including attorneys' fees, caused by the failure; (2) may inform the jury of the party's failure; and (3) may impose other appropriate sanctions. Rule 1.380(d)

XI. Mandatory Compliance with Conferral Rules

Meet and Confer Required Before Filing of Motions

In an effort to eliminate unnecessary hearings, mandatory compliance with Rule 1.202 and Local Rule No. 4 is strictly enforced. Before filing a non-dispositive motion, movants must confer with opposing parties in a good faith effort to resolve the issues raised in the motion.

As required under Rule 1.202, all hearing notices must include a certificate of conferral certifying that counsel for the movant has discussed the relief requested with opposing counsel, or certify that the opposing party did not respond describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion, or that the rules do not apply to their motion.

At the hearing, counsel who requested the hearing must be prepared to detail efforts made to speak to opposing counsel in a good faith effort to resolve or narrow the issues raised. As directed under Rule 1.202(d), the purposeful evasion of communication under the rules may result in an appropriate sanction.

The Court expects counsel to re-confer after all responses and replies have been filed, to ensure that only those issues which require Court resolution are set for hearing.

Failure to comply with the requirements of Rule 1.202 and Local Rule 4 may result in sanctions against the non-compliant party, including denial of the motion without prejudice. See Rule 1.202(d).

XII. Uniform Motion Calendar (UMC)

Uniform Motion Calendar ("UMC") hearings are held Tuesday, Wednesday and Thursday at 8:30 A.M. and are set on the Online Scheduling System (OLS). When scheduling a UMC hearing on OLS the hearing confirmation will include a Zoom link. Each party has the option to appear via Zoom or in the courtroom if they wish. The Court encourages new or inexperienced attorneys to use this as an opportunity to get comfortable with working in the courtroom and in person with the Court.

UMC is strictly for non-evidentiary motions that can be heard in a total of 10 minutes (5 minutes per side). Motions for attorney's fees, summary judgment, and any evidentiary matters are NOT appropriate for UMC and should be specially set for hearing.

IMPORTANT NOTE: Default Final Judgments and uncontested Motions for Summary Judgment may be set on the Uniform Motion Calendar.

Attorneys/pro se parties must first file a motion with the Clerk's office and give opposing side(s) at least five (5) business days' notice (unless the parties have agreed to the short notice). Attorneys should always attempt to clear a date chosen with opposing counsel. Mandatory compliance with Rule 1.202 and Local Rule No. 4 is strictly enforced. Attorneys are required to "make reasonable efforts to actually speak to one another and engage in reasonable compromises to resolve or narrow the disputes before seeking court intervention." Prior to filing (Rule 1.202(b)), the "attorney noticing the motion shall attempt to resolve the matter and shall certify to the Court the good faith attempt to resolve."

The Court reviews all motions prior to the hearing. A copy of the Notice of Hearing and the motion or other pertinent pleading must be sent to chambers at least three (3) days in advance, via regular U.S. Mail, express mail or delivered via courier. Per security protocols, submissions delivered via courier must be placed in the black box designated for judicial deliveries on the first floor of the courthouse. The judicial assistant is not permitted to accept hand-delivered materials at the glass doors.

Add-ons to UMC hearings are generally not allowed. If you are in need of a UMC hearing before a certain date and there are no open slots on the system, contact the judicial assistant at CAD-DivisionAI@pbcgov.org for permission to add the hearing. You will be provided with some options and directed to confer with the opposing parties for the date when all are available. File a notice of hearing and email a copy of the notice of hearing and motion to the Court at CAD-DivisionAI@pbcgov.org The judicial assistant will add the hearing to the UMC docket on the chosen date.

UMC hearings set through the judicial assistant as described in the paragraph above are not set or canceled using the online system. If cancelling such a UMC hearing, please advise chambers as soon as possible by sending an email to the Court at CAD-DivisionAI@pbcgov.org, with all parties copied.

Cancellation of UMC Hearings

Unless canceled, counsel and self-represented parties must be present in person or via Zoom at scheduled UMC hearings.

To cancel a hearing scheduled for UMC, the scheduling attorney's office must file a Notice of Cancellation. In addition, that attorney's office must log in to the 15th Judicial Circuit's Online Services, go to the UMC scheduling page (i.e., as if you were setting the hearing), and there will be an option to cancel it. If you receive a message that you are unable to cancel the hearing, you are in the wrong place. Please go back and follow the instructions above.

IMPORTANT NOTE: If a UMC hearing that has been scheduled is no longer necessary, please give your colleagues and the Court the courtesy of timely cancelling it. Follow the above instructions to cancel. This will free up the timeslot for another case.

XIII. Specially Set Hearings

Specially set hearings are available in blocks of 15 and 30 minutes and are scheduled via the Division AI online calendar through Online Services. Prior to scheduling a special set hearing online, you must (1) clear the hearing date and time with ALL parties, and (2) have previously filed your motion.

In Division AI, Fridays are set aside for special sets, and when dates are added to the OLS, the hearing times are taken very quickly. Timeslots are also added according to the Court's availability. There is no set schedule for the release of dates, so please check the system often. In the event a cancellation arises, the hearing time is released back into the system.

If you are unable to get hearing time through the OLS, send an email to CAD-DivisionAI@pbcgov.org with a copy of the motion and whether you are requesting 15 or 30 minutes. Provide some proposed dates and times when all counsel are available. Efforts will be made to set the hearing, usually at 8:00 a.m., 9:30 a.m. or 4:00 p.m. (4:00 p.m. is via Zoom only).

If you are setting a motion for summary judgment, please indicate the date the motion was filed and the earliest date on which the motion can be set for hearing pursuant to Rule 1.510 and/or stipulation of the parties.

If after taking the above steps parties are unable to agree to a time or suitable times have not been provided, set a case management conference (CMC) on the earliest UMC date to request a hearing. We will find time to ensure hearings occur within a reasonable timeframe. In your motion requesting the CMC, state the motions requiring hearing time, the amount of time needed for all parties, and any exigencies the Court should consider.

Detailed procedures regarding CMCs can be found in section V above. Counsel are directed to have their calendars handy so hearings can be set expeditiously.

IMPORTANT NOTE: For all hearings, each party has the option either to appear in person in the courtroom or via Zoom, EXCEPT hearings that start at 4:00 p.m. or later will be conducted via Zoom only. This will be stated in the order specially setting the hearing.

If a party is appearing in person in the courtroom, the court reporter must be present in the courtroom as well.

Orders Specially Setting Hearings

All specially set hearings are set by court order (not by Notice of Hearing). When the date is scheduled on the online system, a proposed order will be generated automatically, which will include a Zoom link. Once set by court order, changes to specially set hearings cannot be made unless (a) the parties are in agreement to change the matter(s) to be heard and (b) the hearing will still fit within the assigned timeframe. If these requirements have been met, send an email to the judicial assistant at CAD-DivisionAI@pbcgov.org requesting an amended order.

Cancellation of Specially Set Hearings

Because of the premium on special set hearing time due to the high volume of cases in this Division, special set hearings will not be canceled or continued except by Court Order.

Specially set hearings may be canceled only if the matter at issue has been resolved, the motion has been withdrawn, or the case has settled. If so, the movant shall, as soon as possible after resolution, upload an agreed order canceling the hearing, with a copy sent via email to the Court at CAD-DivisionAI@pbcgov.org. The agreed order must specify the basis upon which the hearing is being canceled, or it will be rejected.

Specially set hearings will not be reset or continued absent good cause. Good cause does not include a lack of due diligence. If the parties wish to reset a hearing prior to the scheduled date, they may make the request via motion which details the good cause for the continuance.

Any opposed motions for cancellation or continuance of a special set hearing must be set for hearing at UMC.

IMPORTANT NOTE: If a scheduled special set hearing is no longer needed, please contact the judicial assistant at CAD-DivisionAI@pbcgov.org as soon as possible so that the hearing may be removed. The hearing time will be returned back into the system for use by another case.

Materials in Support of Specially Set Matters

A copy of the motion, memorandum of law and case law must be sent directly to Judge Curley, via U.S. Mail, express mail or hand-delivered to the judicial drop box on the main floor of the courthouse, no later than five (5) days in advance of the scheduled hearing. Those portions of case law and documents to be considered by the Court should be appropriately tabbed and highlighted. Absent permission, the Court WILL NOT accept any courtesy copies of the foregoing via email. Any memorandum or materials provided to the Court shall be simultaneously sent to the opposing party.

Specially Set Motions Requiring Additional Time

If a case has multiple motions or if any of the parties believe that the hearing will take longer than 30 minutes, the moving party shall email a courtesy copy of the motion(s) with a cover letter to the Court indicating how much time is requested. If there are motions by multiple parties, designate one person to contact the Court. Judge Curley will review the motion(s) and determine how much time will be allotted.

Available dates/times will be provided by email. Please note that the timeslots offered will be first come, first served. As hearing time (especially for longer hearings) is at a premium, the Court expects that the parties will cooperate and make every effort to accept one of the timeslots provided. The party requesting the hearing or the designated person will be responsible for contacting the opposing parties and informing the Court via email at CAD-DivisionAI@pbcgov.org of the agreed-upon date and time. An order specially setting the hearing will then be generated.

Lengthy motions or matters requiring an evidentiary hearing in excess of two hours may be placed on a non-jury trial docket with a calendar call date.

XIV. Submission of Orders

Agreed Orders

If a motion is resolved prior to hearing, an agreed order must be submitted to the Court via Online Services. The order must say "Agreed Order on (Title of Motion)." Please include a cover letter (as a supporting document) to the judge indicating that all parties have reviewed and agreed to the language of the proposed agreed order. The cover letter stating agreement is important to ensure that the order is signed.

Orders are served to all parties registered to receive e-service. Documents submitted which require service to an unregistered or pro se party must indicate that the moving party is required to furnish the order via U.S. Mail.

Orders Submitted Following a Hearing

If the Court directs an attorney to prepare and submit an order after a hearing, the order must state the date the hearing was held. All parties must have reviewed the order before it is submitted through Online Services. Please include a cover letter (as a supporting document) stating that all parties have reviewed the order and are in agreement with the form of the order. If parties are not in agreement with the form of the order, that must be noted in the cover letter to the judge.

The judge may also direct parties to submit competing orders. Please include a cover letter (as a supporting document) stating that opposing counsel will also submit an order. Judge Curley will review and sign the order that reflects the Court's ruling.

E-Service for Proposed Orders

Orders are electronically served to all attorneys/parties that have registered their primary and secondary e-mail addresses with the 15th Circuit. Please ensure that you have registered with Online Services.

IMPORTANT NOTE: The filing of a "Notice of E-mail Designation" does not automatically register you for judicial e-service. You must register with the 15th Circuit's Online Services.

Documents submitted which require service to an unregistered or pro se party must indicate that the moving party is required to furnish the order via U.S. Mail.

XV. Updated Information Regarding Appearance by Zoom

For UMC hearings, specially set hearings of 15 or 30 minutes, evidentiary hearings and non-jury trials, each party has the option to appear either in person in the courtroom or via Zoom. UMC hearings will receive the Zoom link with their scheduling confirmation. Orders specially setting hearings and non-jury trials will include a Zoom link in the event that one or more parties wish to appear via Zoom. Please note the following exceptions:

1. All hearings scheduled to start at 4:00 p.m. or later, including special set hearings, DCM conferences and case management conferences, will be conducted electronically via Zoom only.
2. Calendar call is held in person in courtroom 11C at 9:00 a.m. on the assigned calendar call dates. If a party is unable to appear in person because of extenuating circumstances, a motion and order is required. Submit the order requesting appearance by Zoom at calendar call with a copy of the motion as an attachment on the Online Scheduling System. If the motion is granted, the order will include the procedures for calendar call and the Zoom information.
3. Jury trials are conducted in person; however, witnesses may appear remotely via Zoom.

XVI. Stipulations for Substitution of Counsel

Stipulations for substitution of counsel must comply with Fla. R. Jud. Admin 2.505(e) and (f). The written consent of the client must be included. As long as there is no objection and there is written client consent, a hearing is not necessary. Submit the order for signature by the judge via the Online Scheduling System and attach a copy of the signed stipulation and written client consent as supporting documents.

XVII. Withdrawal of Counsel

All motions to withdraw must be set for a UMC hearing, with proper notice to the client, in accordance with Fla. R. Jud. Admin. 2.505(f) and (i), and all parties/attorneys. The Court strongly encourages counsel to ensure that their clients attend the hearing so that the Court may advise them of the ramifications of the withdrawal of counsel.

XVIII. Ex-Parte Motions to Compel Discovery

No hearing is necessary if the motion is in compliance with Administrative Order 3.202. The moving attorney must submit the order for signature by the judge and provide a copy of the motion as an attachment via the Online Scheduling System.

XIX. Settlement or Dismissal of Cases

If the entire case has settled, please notify the Court immediately at CAD-DivisionAI@pbcgov.org. If the case is set for trial, please state the calendar call date. In the event that there may be specially set hearings already scheduled, let the Court know so the hearing time can be released. Please also cancel any UMCs using the directions in section XI. If a case management conference has been set by court order, notify the Court by email and the CMC will be cancelled.

IMPORTANT NOTE: A notice of settlement or a mediation report indicating agreement does not close the case. The notification must be followed up by necessary and appropriate formal paperwork. Submit orders of dismissal of cases through Online Services.

XX. Emergency Motions and Requests for Emergency Hearing

Pursuant to Administrative Order 3.206, the parties shall not set motions for emergency hearing online unless directed to do so by the Court. All such motions must be filed with the Clerk and a copy sent via email to CAD-DivisionAI@pbcgov.org with all parties copied. Judge Curley will review and decide whether the reasons set forth in a motion for emergency hearing constitute an emergency. If the judge determines that the motion does allege a true emergency, he will take whatever action he deems appropriate, including setting an expedited hearing or the entry of an ex-parte order if permissible and warranted under the law.

XXI. Rehearing or Relief-from-Judgment Motions

In accordance with Local Rule No. 6, the following post-judgment rehearing or relief motions may not be set for hearing online by the parties (unless directed to do so by the Court):

1. Motions for rehearing/reconsideration
2. Motions for clarification
3. Motions for new trial

File the motion with the Clerk and provide a copy with supporting authority via email to CAD-DivisionAI@pbcgov.org for review by Judge Curley. The judge will review the motion and determine whether to rule on the motion, order a response, or set the motion for hearing.

XXII. Daubert Motions

Any party seeking to exclude expert testimony under Daubert shall file a motion with the Court specifically identifying the basis for the challenge. Written responses to any Daubert motion are strongly encouraged and should be filed ten (10) days after the motion is filed.

Please be mindful of the court-ordered deadlines in the DCMO for disclosing experts and expert opinions, and for filing Daubert motions. As required under Rule 1.200(e) (1), deadlines in the DCMO are strictly enforced unless modified by the Court. Requests to extend the deadlines for the filing of Daubert motions must be filed prior to the deadlines and set for hearing. Failure to timely file a Daubert motion may constitute grounds for denial of the motion.

XXIII. Motions in Limine and Deposition Designations

The Court will not entertain boilerplate, non-case-specific motions in limine prior to trial. These include motions which do no more than require the Court and opposing counsel to follow the law, or seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument, or expressing personal beliefs. If these issues arise during trial, they may be raised contemporaneously via objection.

All case-specific motions in limine as well as objections to deposition designations shall be scheduled and heard in compliance with the deadlines in the DCMO, and prior to calendar call.

XXIV. Mandatory Compliance with Administrative Order 3.204-9/08 & Local Rule No. 3

The following documents must be in compliance with Supreme Court Order no. SC13-2384 amendments to Florida rule of judicial administration 2.520, which requires a 3 x 3 inch available space in the right upper hand corner; one inch margin on all sides of documents; and pages must be consecutively numbered.

1. All orders for dismissal and notices of voluntary dismissal
2. Final judgments (summary, default or consent)
3. Orders granting motion to amend final judgment
4. Amended final judgments
5. Orders vacating final judgments
6. Verdict forms
7. Any other closing documents

XXV. Self-Represented Litigants

Self-represented, pro se litigants are required to comply with all relevant procedural rules and substantive law as are attorneys, both in Court and in their written submissions to the Court. These include standards of professionalism and courtesy.

The judicial assistant is not permitted to give legal advice. Self-represented litigants may go to www.mypalmbeachclerk.com to seek information on locations of Self-Help Centers and other resources to assist with understanding the Court's procedures and obtaining proper forms and information on filing the proper motion.

Self-represented litigants may also contact Legal Aid of Palm Beach County (561) 655-8944 or the Palm Beach County Bar Association (561) 687-2800 for possible assistance with legal matters.

XXVI. Court Reporters

Court reporters are not provided by the Court for civil matters. It is up to the parties to arrange for court reporters, if they wish.

As required under the DCMO, the moving party shall be the party responsible for securing the presence of a court reporter. The moving party shall advise all parties in writing in advance of the hearing or trial of the arrangements made, if any, for the presence of a court reporter, or shall advise all parties in advance of the hearing or trial that the moving party has chosen not to obtain a court reporter.

The court reporter is required to file the "Court Reporter Appearance" form. See A.O. No. 2.504-1/25.

IMPORTANT NOTE: In the event that a party is appearing in person in the courtroom, the court reporter must be present in the courtroom as well.

XXVII. Interpreters

As required under the DCMO, any party needing the services of an interpreter, or calling a witness that may need the services of an interpreter, is responsible for ensuring a competent interpreter is present for any hearing or trial.

XXVIII. Next Generation Lawyers

Judge Curley has a strong commitment to supporting the development of our next generation of lawyers. The Court encourages parties and senior attorneys to allow less-experienced practitioners the opportunity to argue in court. Lead counsel should advise the Court prior to the beginning of a hearing if a lawyer of seven (7) or fewer years of experience will be arguing a matter. Ordinarily, only one lawyer for each party may argue at a hearing. In the event a less-experienced lawyer is presenting, the Court will allow multiple lawyers to argue on an issue.

CLE Presentations on Amended Florida Rules of Civil Procedure