Judge Oftedal graduated from the University of Virginia in 1973 (B.S. Nuclear Engineering) and received his law degree from the University of Florida College of Law in 1973. Prior to being appointed to the Circuit Court in 1988 by Governor Martinez Judge Oftedal served as General Counsel to the Palm Beach County School Board.

Judge Oftedal formerly served as Chief Judge for the 15th Judicial Circuit. Other assignments include the Civil, Criminal, and Family divisions of the Court. He is actively involved as a faculty member of the Gerald T. Bennet Prosecutor/Public Defender Trial Training Program and as a volunteer in the Palm Beach County Youth Court. He is also a previous member of the statewide Family Steering Committee, the Jury Management Steering Committee and is a member of the statewide Judicial Mentor Program.

Memo on UMC Changes

Uniform Motion Calendar hearings for Division "FH" are held Mondays & Wednesdays at 8:30am - 9:30am. The following dates are suspended:

• September 9, 2010
• November 22-26, 2010
• December 20-31, 2010

HEARINGS:
Uniform Motion Calendar: Monday, Wednesday and Friday at 8:30 a.m.. All uncontested final hearings, etc. Attorney can set 10 minute hearings that do not require testimony. Attorney must first file the original notice of hearing with the Clerk’s office and giving opposing side at least four (4) working days notice. A copy of the notice
along with the motion or pleading to be heard must be forward to the JA. In order for the file to be pulled the JA must receive the notice a couple of days prior to the scheduled hearing. (If you are going to cancel or reset a hearing already noticed, please make sure you contact opposing counsel or pro se litigant to advise them of the cancellation. Attorneys should always try to clear date chosen with opposing counsel). Administrative Order 5.002

Note: Effective Monday, November 2, 2009 Judge Oftedal will no longer be holding Uniform Motion Calendar hearings on FRIDAYS for Family Division "FH"

Temporary Relief Hearing: Attorneys MUST COMPLETE MEDIATION prior to obtaining a hearing date and time for a Temporary Relief hearing. Once mediation has
been completed and the parties have not been able to reach an agreement, the parties(s) can contact the JA to obtain a hearing date and must coordinate the time and date with opposing attorney. The JA will try to get the attorney(s) a temporary relief hearing within
3 weeks. Administrative Order 5.006

Contempt Hearing: PRE-Judgment (on a temporary order) - JA will schedule the contempt hearing on the next available date. Counsel moving for hearing must coordinate time and date with opposing counsel. All Post-Judgment matters are heard by the Magistrate, unless an attorney files a written objection and an order is then entered referring the case back to the judge. JA will schedule the matter for the next available hearing date and time. Blanket objections to hearings before magistrate are NOT
permitted.

Motions that require 30 minute Hearing: PRE-Judgment Special Set Hearings by JA. These are motions that cannot be heard on the Uniform Motion Calendar because
they require testimony and more time then 10 minutes. Moving attorney shall contact the JA and the JA will give the moving attorney dates and times to coordinate with opposing counsel (unless the other side is Pro se). Once a date and time have been agreed to by the attorneys, the moving attorney’s office must call the JA to secure the date and time that the attorneys have agreed upon and then send a copy of the notice of hearing with attached motion and other pleadings to the opposing attorney or pro se litigant and a courtesy copy to the court. Administrative Order 5.005

ADOPTION HEARINGS: TPR or Final Hearings are set by the JA once all requirements have been met. When an attorney’s office calls the JA to get a date and
time for a hearing the JA will ask the attorney if they have received their Status Letter from the Law Clerk and ask if everything in the status letter has been complied with, if all has been complied with JA will then set hearing. If attorney has not received a status letter from the law clerk, the JA will take the case number, pull the file and let the Law Clerk review the file and prepare a Status Letter advising the attorney of what requirements need to be completed. Once the attorney has completed all the requirements requested, the moving attorney can contact the JA to schedule the matter for a hearing.

TRIALS: Moving party must file a Notice for Trial with their estimated time and self addressed stamped envelopes. The Court will then set a case management conference with the attorneys at least three weeks out requiring the counsel to appear and advise the Court of what needs to be done before the Court will give a trial date. If all matters have been taken care of, the Court will give the attorneys a trial date at the time of the status conference. If mediation and other matters still need to be completed, the Court will advise the attorneys to prepare and submit a status report within a time frame advising the court of what is still left to complete or if the case is ready to be set for trial. Trials are scheduled on Mondays, Wednesday, Thursday afternoons and Fridays. Administrative Order 5.008

MODIFICATIONS: These are ALL POST-Judgment and Attorney must refer them to the Magistrate. If the attorney objects to the matter being scheduled before the Magistrate, it is up to the attorney to file a written Objection to Magistrate. After the Magistrate has reviewed the objection and enters an Order Sustaining the Objection and
referring the matter back to the Judge, the JA will contact the attorneys to schedule the matter for a hearing before the judge. Administrative Order 5.022

CONTEMPT & ENFORCEMENT: POST-Judgment is referred to the Magistrate. If the attorney objects to the matter being scheduled before the Magistrate, it is up to the
attorney to file a written Objection to Magistrate. After the magistrate does an Order Sustaining the Objection and referring the matter back to the Judge, the JA will contact the attorneys to schedule the matter for a hearing before the judge.

EMERGENCY HEARINGS: Requests for emergency hearings are decided by the Judge. The movant must file a Motion for an Emergency hearing with the Clerk, the
Judge will review the Motion and decide if an emergency hearing is warranted, as defined in Administrative Order 2.004. If the Judge deems the matter is an emergency,
an order will be prepared advising the parties of a hearing date or time and the JA will contact the parties advising them of the hearing date and time also if the court sets in within a day or so of receiving the motion. Administrative Order 5.003

The attorneys shall not abuse filing Emergency Motions. When filing an Emergency Motion make sure the opposing side is also in receipt of the motion with any attachments.

MOTIONS TO COMPEL DISCOVERY: No hearing necessary attorney must submit the motion and order for signature to the Judge. Administrative Order 5.011

MOTIONS FOR REHEARING OR MOTIONS TO VACATE: Attorney shall file the original pleading with the Clerk and copy the Judge. The Judge shall either deny or
grant the motion or shall set the motion for a hearing. Local Rule No. 6

PREPARATION OF JUDGMENTS AND ORDERS: Administrative Order 5.013 This Administrative Order is the least complied with Order. Judge Oftedal requires some portion of text of the Order specific to the case be included on signature page. PLEASE NOTE to include the page, case number and style of case in the upper left-hand corner for orders more than one page The Order will be sent back to the moving attorney if the signature page of the order only includes the judge’s signature line and is not in compliance with Administrative order 5.013.

MOTIONS REQUIRING MORE THAN THIRTY (30) MINUTES – Attorney must forward to the Judge a cover letter requesting how much time will be needed and a copy
of the motion/pleading to be heard. If the Judge grants the request, the JA will contact counsel to coordinate a time and date with other counsel and/or pro se litigant. If Judge has any concerns about the length of time requested, JA will contact moving counsel and have him/her set the matter down for a status conference on the UMC docket so the Judge can address the matter with all counsel of record and/or pro se litigant(s).

Probate Ex Parte & Uniform Motion Calendar: Tuesdays and Thursdays at 8:30 a.m.. Attorneys opening new estates or guardianship matters must open case with clerk’s office first then meet with the Ruth Ann Kravetz, Ex Parte clerk who will review and make sure everything is in order. If there is an open case the moving attorney must first file the original notice of hearing with the Clerk’s office and giving opposing side at least four (4) working days notice. A copy of the notice along with the motion or pleading to be heard must be forward to the JA or the Ex Parte clerk. In order for the file to be pulled the JA or Ex Parte clerk must receive the notice a couple of days prior to the scheduled hearing. (If you are going to cancel or reset a hearing already noticed, please make sure you contact opposing counsel or pro se litigant to advise them of the cancellation. Attorneys should always try to clear date chosen with opposing counsel).Administrative Order 6.201-9/08 and Local Rule 4

Emergency Temporary Guardian Hearing and Incapacity Hearing: Attorneys MUST FILE the proper paperwork with the clerk’s office who will then forward the file(s) to the Court to review. Attorneys are not allowed to bring these types of cases on the Probate/Guardianship Ex Parte/UMC docket. If the ward is declared Indigent the attorney from Regional Counsel will be appointed to represent the Ward. If the Ward is not indigent, then the clerk will appoint the next attorney to be appointed from the Wheel and will advise the Court of who is been selected. The JA will contact the attorney appointed for the Ward to see when he/she will be able to go visit the Ward and set a hearing within 3 to 5 days if not sooner depending on the condition of the Ward. At the Emergency Temporary Guardian hearing counsel for the Petitioner will bring the proper orders for the Court to enter i.e. letters, order appointing emergency guardian. The JA will prepare the orders appointing examining committee, appointing attorney for the ward, order setting emergency hearing and order setting Incapacity hearing. The Incapacity hearing will be scheduled at least 30 days from the date of filing in order to allow the examining committee to meet with the Ward and prepare their reports. For the Incapacity hearing, the JA will prepare the order determining incapacity; order paying examining committee and order requiring education requirements of the guardian. ALL EMERGENCY TEMPORARY GUARDIAN HEARINGS AND INCAPACITY HEARINGS ARE TAPED. Administrative Order 6.301-9/08

MOTIONS REQUIRING MORE THAN THIRTY (30) MINUTES – Attorney must forward to the Judge a cover letter requesting how much time will be needed and a copy of the motion/pleading to be heard. If the Judge grants the request, the JA will contact counsel to coordinate a time and date with other counsel and/or pro se litigant. If Judge has any concerns about the length of time requested, JA will contact moving counsel and have him/her set the matter down for a status conference on the UMC docket so the Judge can address the matter with all counsel of record and/or pro se litigant(s).

MOTIONS THAT REQUIRE 30 MINUTE HEARING: Special Set Hearings by JA. These are motions that cannot be heard on the Uniform Motion Calendar because they require testimony and more time then 10 minutes. Moving attorney shall contact the JA and the JA will give the moving attorney dates and times to coordinate with opposing counsel (unless the other side is Pro se). Once a date and time have been agreed to by the attorneys, the moving attorney’s office must call the JA to secure the date and time that the attorneys have agreed upon and then send a copy of the notice of hearing with attached motion and other pleadings to the opposing attorney or pro se litigant and a courtesy copy to the court.

MOTIONS TO COMPEL DISCOVERY: No hearing necessary attorney must submit the motion and order for signature to the Judge.

MOTIONS FOR REHEARING OR MOTIONS TO VACATE: Attorney shall file the original pleading with the Clerk and copy the Judge. The Judge shall either deny or grant the motion or shall set the motion for a hearing. Local Rule No. 6

TRIALS: Moving party must file a Notice for Trial with their estimated time and self addressed stamped envelopes. The Court will then set a case management conference with the attorneys at least two to three weeks out requiring the counsel to appear and advise the Court of what needs to be done before the Court will give a trial date. The moving attorney shall bring self-addressed stamped envelopes at the case management conference so that the JA can prepare the order setting trial and mail out to all counsel and parties of record. If all matters have been taken care of, the Court will give the attorneys a trial date at the time of the status conference. If the parties request to attend mediation, mediation must be held prior to the trial. Trials are scheduled on Mondays, Tuesdays, Wednesdays, and Fridays.

PREPARATION OF JUDGMENTS AND ORDERS: This Administrative Order is the least complied with Order. Judge Oftedal requires some portion of text of the Order
specific to the case be included on signature page. PLEASE NOTE to include the page, case number and style of case in the upper left-hand corner for orders more than one page The Order will be sent back to the moving attorney if the signature page of the order only includes the judge’s signature line and is not in compliance with Administrative order 3.204-9/08.

GENERAL PROVISIONS – Assignment Criteria (Special provision): All cases for New Probate and Incapacity/Guardianship cases filed by privately retained counsel shall be assigned to the region reflecting the office address of the first attorney to petition the court for administration of the estate or the petition to determine incapacity. Venue in all incapacity and guardianship cases initiated by the Department of Children and Families or by an attorney hired to represent that agency shall be determined by the residence address of the alleged incapacitated person. Administrative order 6.202-9/08