Divisional Instructions
Division RE Standing Order:
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Standing Order on Ruling on the Papers |
DCM Information:
Please review A.O. 3.110, which outlines in detail the Civil Differentiated Case Management plan and procedures for the Fifteenth Judicial Circuit: Administrative Order 3.110.pdf.
For additional DCM information: Civil Differentiated Case Management Forms & Orders
Zoom Information:
The following Court events are held in person:*
- Evidentiary hearings
- Special set hearings for 30 minutes or longer
- Trials (jury and non-jury)
- Pre-trial conferences and mediations
- Calendar Call for Jury Trials
- Calendar Call set pursuant to a Streamlined Track/Jury Trial DCMSJT
- Claims of exemption
- Landlord/tenant eviction hearings and mediations
The following Court events are held by Zoom (Zoom Link) (https://zoom.us/j/7633959468):
- UMC hearings (10 min. or less)
- Special set, non-evidentiary hearings 15 minutes or less
- Any hearing set by the Court for Zoom
- Calendar Call/CMC set pursuant to an Expedited Track/Non-Jury Trial DCMET
*Records custodians may appear by Zoom for trial, using the above link. Otherwise, the Parties and Counsel may only appear by Zoom for these proceedings under extenuating circumstances, and upon motion and order. Please do not call or email the Judicial Assistant about Zoom without reading these instructions. If all parties agree, please 1) file an agreed motion citing the extenuating circumstance that requires Zoom appearance; and 2) upload a proposed order in sufficient time before the hearing.
When in doubt, to avoid confusion, please adhere to the most recent Notice of Hearing from the moving party or the Court.
Table of Contents
I. Proposed Orders
- All Proposed Orders must be submitted through Online Services (OLS). The Court is unable to accept paper orders or proposed orders by email.
- Select the applicable date of hearing under "scheduled event."
- Motions/affidavits must be docketed: Proposed orders may not be submitted to the Court until the supporting motion and/or affidavits have been docketed by the Clerk, unless an e-filed/stamped copy is attached. Filings take up to 3 days to be docketed, and the Court cannot review them until docketed. Any order that does not have a motion and/or affidavit on file (as applicable) will be deleted.
- Formatting required: Please "preview" the proposed order to ensure it is formatted correctly. Using macros, columns, or paragraph tabs is not compatible with the OLS system; please remove all special formatting when submitting. Strict compliance with the Rules of Judicial Administration is required. Proposed orders must have a 3-inch margin in the top-right corner for final judgments and other specified orders; accordingly, all case captions should be left-aligned.
- Attachments: E-filed motions, affidavits and/or supporting documents necessary for the Court's review must be uploaded as attachments to the proposed order. They must be e-filed and docketed prior to uploading the proposed order, unless an e-filed/stamped copy is attached.
- Orders from hearings: Orders from hearings that have already occurred must be uploaded within 48 hours after the hearing, unless the Court requested proposed findings of fact and law.
- Agreed orders: please indicate the order is agreed in the title and body of the order. If the form of the order is disputed, the submitting party must notify the Court of such disagreement in the comments.
- Ex parte orders: Any motion that has not been expressly agreed to by the opposing party requires a hearing to be set and noticed by the moving party. Except for default or ex parte motions allowed by rule, the Court will not enter proposed orders without a hearing or agreement of the parties.
- Please do not upload a proposed order unless one of the following is met: 1) it is agreed; 2) the hearing has already occurred; or 3) it is proper to be considered ex parte. Proposed orders not in compliance will not be considered.
- Envelopes must be delivered to the Court for mailing to any pro se parties.
- All proposed orders and cover letters must be copied to all opposing parties in the lawsuit.
II. Settlements
Parties shall either file a voluntary dismissal or must upload a proposed order approving settlement and dismissing the action, in order for the settlement to be approved and the case closed. If you have an upcoming hearing date, please notify the Court of the settlement. A "notice of settlement" does not close the file; a proposed order dismissing the action is required.
III. Hearings
- Standing Order on Motion Practice
The Court has implemented a Standing Order on Ruling on the Papers which governs the Court's ability to rule on most non-evidentiary pre-trial motions on the papers. Please carefully review the Order to ensure proper compliance.
- Online Scheduling through Online Services (OLS)
Please note: Use of the online scheduling system requires a user ID and password. This can be obtained by going to Online Scheduling System and clicking on "Register a New User" to create an account.
After confirming your hearing online, the Zoom link will be provided. The moving party shall provide notice of the Zoom information to all parties in the notice of hearing.
A Notice of Hearing must be filed with the Clerk and served on all parties, with the date and time of the hearing and the location (in person or Zoom link if applicable). Any hearing that does not have a Notice of Hearing on file and served on all parties will be cancelled. - Cancellations
Please cancel your hearing online to open a spot for other parties. If your cancellation is within forty-eight (48) hours of the hearing, please email a courtesy copy of your Notice of Cancellation to CAD-DivisionRE@pbcgov.org.
- DCM Conferences
DCM Conferences shall be set on the Court's UMC calendar.
- UMC's
UMC Hearings are scheduled through Online Services as follows:
- Mondays, Tuesdays and Wednesdays at 8:45 a.m.
UMC is strictly for non-evidentiary motions which can be heard in a total of 10 minutes (5 minutes per side).
Permitted at UMC: non-evidentiary motions, default final judgments, motions for summary disposition, and uncontested motions for summary judgment that can be heard in 10 minutes or less shall be set on the Uniform Motion Calendar. DCM Conferences may be set on the Court's UMC calendar. Permission of the Court is not required to set UMC's.
Not permitted at UMC: fees hearings, contested summary judgment motions, and any evidentiary matters are not appropriate for UMC and should be specially set for hearing.
Mandatory compliance with 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 scheduling, the "attorney noticing the motion shall attempt to resolve the matter and shall certify to the Court the good faith attempt to resolve."
Responses in Opposition:
All responses in opposition to a motion must be filed at least three (3) days prior to the hearing, and uploaded through e-courtesy. The Court cannot view a party's filings until docketed by the Clerk. Any response that is not timely filed and provided to the Court through e-courtesy may be deemed waived.
Courtesy copies:
The Court reviews all motions and supporting materials prior to the hearing. Please note that it takes up to three (3) days for filings to appear on the docket. Accordingly, at least three (3) business days in advance of the hearing, the parties shall submit courtesy copies of all relevant materials through e-courtesy on Online Scheduling (OLS).
Cancellations:
To cancel a hearing scheduled for UMC, login to Online Services and use Online Scheduling, select "Uniform Motion Calendar Scheduling" then select "Cancel Hearing" and follow the directions on the screen.
PLEASE BE CONSIDERATE AND CANCEL ONLINE ANY HEARING THAT IS NO LONGER NEEDED OR RESOLVED PRIOR TO THE HEARING DATE SO THAT OTHERS MAY SCHEDULE THEIR MOTIONS. - Special Set Hearings
Special Set hearings are available for 15-minute blocks of time through Online Scheduling via Online Services. The Court will open dates on the first of each month for hearing dates 30-60 days out.
*Please do not reserve special set hearing time for a motion that can be heard in 5-10 minutes. Such motions should be set on the Court's UMC docket.*
A party shall respond to a respond to a request to set a hearing within one (1) business day, unless out of the office. Any party may unilaterally set a hearing only if the opposing party does not respond after 3 good faith attempts have been made in accordance with Local Rule No. 4.
If the Court does not have hearing time that meets the availability of both parties after good faith attempts to schedule, the parties may email the Division and request hearing time.After confirming your hearing online, the Zoom link will be provided. The moving party shall provide notice of the Zoom information to all parties in the notice of hearing.
A Notice of Hearing must be filed with the Clerk and served on all parties, with the date and time of the hearing and the location (in person or Zoom link if applicable). Any hearing that does not have a Notice of Hearing on file and served on all parties will be cancelled.
Responses in Opposition:
All responses in opposition to a motion must be filed at least three (3) days prior to the hearing, and uploaded through e-courtesy. Any response that is not timely filed and provided to the Court through e-courtesy will be deemed waived.
Cancellations:
In order to cancel a Special Set Hearing, a Notice of Cancellation must be filed with the Clerk and a copy e-mailed to the Judicial Assistant (CAD-DivisionRE@pbcgov.org). Also, the Notice MUST note the reason for cancellation.
Courtesy copies:
The Court reviews all motions and supporting materials prior to the hearing. Please note that it takes up to three (3) days for filings to appear on the docket. Accordingly, at least three (3) business days in advance of the hearing, the parties shall submit courtesy copies of all relevant materials to Chambers as follows:
Option 1: mail or hand-deliver a printed courtesy copy of your Motion or Opposition, Notice of Hearing, exhibits, and relevant case law to Chambers. 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.
Option 2: parties may submit courtesy copies through e-courtesy on Online Scheduling (OLS). However, please submit all of your materials as one combined PDF with bookmarks (e-binder) if you are submitting numerous filings and/or case law. (When combining PDF's in Adobe, click "options" which will allow you to automatically create bookmarks using the file name of each PDF you are combining).
All courtesy copies and cover letters must be copied to all opposing parties in the lawsuit.
- Hearings Requiring More than Fifteen (15) Minutes
For hearings requiring more than fifteen (15) minutes, a scheduling request must be sent to CAD-DivisionRE@pbcgov.org. Prior to setting the hearing date and time, please make sure that ALL Motion(s) are filed and docketed with the Clerk of Court.
A courtesy copy of the Motion or Opposition, Notice of Hearing, exhibits, and relevant case law must be received by Chambers at least three (3) business days in advance of the hearing. *Alternatively, parties may submit courtesy copies through e-courtesy on Online Scheduling (OLS). However, please submit all of your materials as one combined PDF with bookmarks (e-binder) if you are submitting numerous filings and/or case law.
IV. Landlord/Tenant Cases
Evictions: all Plaintiffs/Landlords must file a motion requesting any relief or final judgment, prior to submitting a proposed order or judgment. Final judgments will not be granted without a motion on file with the Clerk and docketed. Please attach a copy of the motion when uploading a proposed order, as filings take up to 3 days to appear on the docket.
Residential final hearings and rent determination hearings are heard on Thursday mornings with mediation. These cases are set by the Court when the Court deems appropriate upon review of the file. Mediators are available at no charge to the parties.
All other eviction hearing requests may only be scheduled upon request to the Court, by uploading a proposed order.
V. Personal Injury Protection (PIP) cases:
All PIP matters shall follow the procedures for hearings as outlined herein.
PIP pre-trials are scheduled for 8:45 am on Thursday mornings. Currently, PIP pre-trials are automatically set by the Clerk for in-person appearance.
Any stipulation to waive the pre-trial conference must be filed with the Clerk and a proposed order uploaded to the Court at least three (3) days prior to pre-trial. Pre-trial is not waived unless the Court has signed the Order. If granted, either a case management conference or a jury trial will be automatically set by the Court. Accordingly, the parties do not need to submit agreed case management plans for small claims PIP cases.
VI. Small Claims Pre-trials
Pre-trial Conferences for Small Claims are set every Thursday at 9:00, 9:30 or 10:00 a.m. All small claims must go to mediation and mediators are provided. If not resolved, the case will be set for trial.
Pre-trial Conferences are held in person. Only served cases will be called. All non-served cases will be continued pending service. Plaintiff must file a Return of Non-Service and obtain a new summons from the Clerk. It is the parties' responsibility to determine whether service has been effected when deciding whether appearance is necessary.
Any stipulation to waive the pre-trial must be filed with the Clerk and presented to the Court by uploading a proposed order with a courtesy copy of the stipulation attached at least three (3) days prior to pre-trial. The Court does not receive notifications of all filings in all cases. Accordingly, pre-trial is not waived unless the Court has been presented a stipulation with a proposed order to set trial through the proposed order option in OLS.
VII. Motions for Attorney's Fees:
The Court utilizes a preliminary order with instructions to be followed in advance of the hearing. All Motions for Attorney's Fees and/or Costs shall attach a document detailing the time records and requested rate(s).
The moving party shall request a hearing date by contacting the Judicial Assistant by email at CAD-DivisionRE@pbcgov.org. The moving party must specifically identify the hearing as a fees hearing and request a preliminary order.
VIII. Trials
Trials are set by the Judicial Assistant upon request or upon the filing of a Notice for Trial once the case is at issue. An Order Setting Trial will be sent to both parties regarding mediation and uniform pretrial procedures. Any party who has not received an Order Setting Trial within seven (7) days of request or notice should email the Judicial Assistant or set a UMC status hearing on readiness for trial. Jury Trials will be set for a Mandatory Calendar Call/Case Management Conference.
If the case settles prior to the Trial date, please notify the Court as soon as possible by emailing CAD-DivisionRE@pbcgov.org. A written confirmation of the settlement agreement must be filed/uploaded with the Court with a copy to opposing party.
Cases set for calendar call CANNOT be continued with an Agreed Order. Any motions for continuance must be filed and set by the moving party in advance of the calendar call date.
IX. Communications with the Court
ALL COMMUNICATIONS WITH THE COURT MUST BE IN WRITING, filed with the Clerk and copied to all parties in the lawsuit. All parties must be copied on all communications with the Court, to all email addresses designated in the notice of appearance and email designation forms, including scheduling requests, proposed orders uploaded through OLS, and cover letters. Be sure to include the case number, case name, and your telephone number, the reason for said correspondence or documents being sent and, if the case is scheduled for a hearing or trial, include the date and time. Otherwise we will be unable to process your request.
Important Information.
Please do not email the Judicial Assistant about substantive court matters. All court proceedings must be heard in open court, with notice to the opposing party. Further, for scheduling and administrative matters, all parties must be copied on all communications with the Court.