DO’S AND DON’TS IN PALM BEACH COUNTY PROBATE DIVISIONS
8:45's - We don’t have any complaints about the way the 8:45 calendar has been operating. Generally, we don’t want to do things that require us to review a lot of records
or documents at 8:45. So if, for instance, you are seeking to have fees approved, unless notice to another party is required, we prefer that you submit those thru our offices so we can review them as time permits. This will not result in a delay. It is rare that we do not review and sign everything that comes into our offices on the same day. If there is a problem with a submission either our judicial assistants or case managers will call you or we will enter a written order outlining the deficiencies. Of course, if notice and a hearing are required then you should either set the matter on the 8:45 calendar or call the judicial assistant for a time.
Special set hearings - These are set by order. If you call for hearing time and our judicial assistant gives you several options, don’t just choose one and notice the hearing.
Once you and opposing counsel agree on the time, advise the judicial assistant by phone and send in the order setting, along with your envelopes. Submitting authority - Our office policy on special set hearings is to review the calendar two weeks in advance and make assignments to our staff attorney. This gives the staff attorney time to review the matter and prepare a memo and it gives us time to review counsel’s submissions and the memo. Our standing order on special sets, copy attached, requires that you submit your authority 10 days prior to the special set, that will get your authority the full attention of both the staff attorney and the judge.
It is helpful if you provide copies of your cases along with your memo. It is also helpful if you highlight the language you think is on point. Assume we will read the case facts and that portion of the opinion immediately before and after your highlighted portion.
Some lawyers like to bring authority to the hearing. That practice is bad for several reasons: First, it amounts to sandbagging the other side. Second, it does not allow us to
consider a competing position and can result in an erroneous ruling and; Third , it does not allow us to give your authority the time and attention you want us to give it as we plan on ruling from the bench at the end of the hearing. We try to rule from the bench because the time after the hearing is budgeted for other matters and a timely ruling allows you to move on with the case.
We think the expectation of authority 10 days before the hearing is reasonable. You should know the legal basis for your motion before you file it and if you are opposing a motion you should know the legal basis for your opposition. We are simply asking you to let us know what you should already know.
A comment about memos - Judge Cook recently received a late memo from a large law firm in a major case. The caption was 8 lines long and the first sentence was 18 lines long. Don’t do that. By the time he finished the caption and the first sentence his head was spinning. Ultimately he handed the memo to Ms. Wood, his staff attorney, and asked her to figure it out and let him know the point of the argument. She reported that while she was puzzling through the memo another staff attorney walked by, peeked in and asked her why she looked so miserable. Remember KISS. Also, keep your memos to 10 pages or less, double spaced. This is a trial court, not an appellate court.
Summary judgments - We have a standing order on summary judgments, copy attached, which will be sent out with every order setting a summary judgment hearing. The times in the order are consistent with the Summary Judgment Rule and the purpose of the order is to clearly identify, with record citation, both the undisputed and disputed facts. Once this is done, it’s much easier to make the factual and legal rulings contemplated by the summary judgment rule, especially those required by subsection (d) of 1.510.
Discovery - On discovery matters if you ask for attorney’s fees and prevail we will award them.
Notification of settlement - Lately, many cases have settled prior to trial, without the Attorney's office notifying us of the settlement. This is extremely wasteful of precious
docket time. Please notify the judicial assistant IMMEDIATELY upon settling a specially-set trial or motion. Hopefully, settlements will occur far enough ahead of time that we can assign the freed-up docket space to other eager litigants
