Judge J Gillen
The Honorable Jeffrey Dana Gillen
Division: 
Circuit Civil "AE"

Judicial Assistant:
Mary Ellis

Phone:
(561) 355-6386

Room: 
9.1204

Courtroom Number: 
9A

Main Judicial Complex
205 N Dixie Highway
West Palm Beach, FL 33401

 

DIVISIONAL INSTRUCTIONS DIVISION "AE"

ON-LINE SCHEDULING: AL Uniform Motion Calendar [UMC] hearings, as well as 15 and 30 minute special-set hearings, including foreclosures. See more details below regarding scheduling.

NOTE: Due to the limited amount of hearing time available for special set hearings in Division AE, a case may only have one special set hearing scheduled on the court's on-line calendar, regardless of the party.  If more than one party attemtps to schedule a hearing on-line and there is already one hearing set on the case, the 2nd hearing will be cancelled.  Contact the judicial assistant for further information.         

E-SERVICE TO THE COURT: PLEASE READ CAREFULLY - NEW INSTRUCTIONS FOR SUBMISSION OF ORDERS/Judgments - DO NOT SUBMIT ORDERS TO THE DIVISIONAL CAD- they will be returned with the instructions to submit them through the on line services system.

Judge Gillen's division is using the NEW 15th Circuit Judicial Viewer System ("JVS"). Orders should be submitted through the online services system (in WORD FORMAT). DO NOT SUBMIT ORDERS IN ANTICIPATION OF A HEARING with the exception of agreed orders. DO NOT submit orders on matters which the court has not ruled. If the order being submitted is regarding a hearing held in open court, the date of the hearing must be included in the first sentence of the order. Judge Gillen will electronically sign the orders, so do not incude a signature line or a space for dating. Esigned orders will be eserved through state portal. Documents submitted which require service to a pro se party must indicate that the moving party is required to furnish the order via US Mail. Training videos have been posted on YouTube. Please open YouTube on the internet and search "15th circuit of Florida" for more information. Should you have questions concerning the system, email your questions and feedback to: CAD-WEB@pbcgov.org

Listed below are the only documents permitted to be eserved to the court through the divisional CAD (cad-divisionae@pbcgov.org) provided the following information appears in the subject line as indicated below. UNAUTHORIZED DOCUMENTS WILL BE DELETED. Contact the judicial assistant via telephone (561-355-6386 for instructions as to whether other documents may be e-served. Office communications are not handled via email in the division. You need to contact the judicial assistant via telephone. No proposed orders/judgments will be handled via the divisional CAD email as indicated above..

Notice to Set Trial; Notice of Settlement Jury Instructions are to be submitted as indicaed below:

Subject line: NOTICE TO SET TRIAL & Style of Case

Subject Line: NOTICE OF SETTLEMENT & Style of Case

Subject line: JURY INSTRUCTIONS & Style of Case and trial date (Only if the case is set #1 and requested by the court)

JUDICIAL eSERVICE: All orders will be served to registered parties via Judicial eService. Pro se parties that have not registered for judicial eservice will receive their orders via U.S. Mail. Counsel shall forward self-addressed envelopes for mailing to pro se parties. Whenever a lawyer or pro se party is no longer involved in the case, they shall immediately take all necessary steps to remove their email address from the Clerk's computerized file on the case.

CONDITION PRECEDENT TO SEEKING RELIEF FROM THE COURT:

*Prior to seeking relief from the court, the parties are professionally obligated to make a good-faith effort to resolve their differences on the issue. Therefore, in every motion seeking relief from the court---especially ex-parte---the movant shall expressly certify in the motion that they have made a good-faith effort to resolve the issues with opposing counsel prior to filing. The Court will return without signature proposed orders on motions which do not comply with this requirement. See Administrative Order 5.202-5/09, Loca Rule 4 and Rule 1.380(a)(2), Florida Rules of Civil Procedure.

ORDERS

*ALL RECORDED ORDERS/JUDGMENTS MUST PROVIDE A 3X3 SPACE IN THE UPPER RIGHT HAND CORNER. Please see Rule 2.520. See list of documents at the end of these divisional instructions but, if you have any question, contact the Clerk of Court for further information whether your document requires the 3x3 space.

*Orders/judgments must be submitted through the online service system as outlined above. Copies for pro se parties: see note below.

*If the Order being submitted is based on the Court's oral ruling after hearing, you must include the date of hearing in the body of the Order.

*The Judge will not sign any order that does not contain some text from the body of the order on the page on which the judge is intended to sign. The Court might return without signature proposed orders which do not comply with this requirement.

*Note: If the case involves a pro se party or parties who have not elected to receive service of documents by e-service, the moving party shall provide a copy of the conformed order to the pro se party or parties.

TELEPHONE APPEARANCES:

*All telephone appearances are to set up via Court Call. For telephone appearances, at least one party is required to appear in person at the hearing. All lawyers or persons wishing to appear via telephone are required to contact the judicial assistant for telephone procedures prior to contacting court call. All court call appearances must be made at least 2 full business days prior to the hearing date, to enable court call personnel to timely provide the court with the required court call documents. Failure to do so will require your attendance at the hearing in person. Please make your court call requests as soon as the hearing is set to avoid a personal appearance.Unfortunately when the judicial assistant is out of the office, court call appearances cannot be approved. Once the party has been approved for telephone appearance, the party shall contact Court Call directly at 888-882-6878. A witness may testify only in strict compliance with Fla. R. Jud. Admin. 2.530 and . Fla. R. Civ. P. 1.451(b).

 

RESIDENTIAL FORECLOSURE PROCEDURES:

**All pleadings/documents must clearly indicate that it is a "residential foreclosure" case under the case number.

**In cases where all parties are represented by attorneys, agreed orders & settlement orders may be emailed through the online services system for review pursuant to the court's divisional instructions regarding e-service to the court.

**In cases where there are self-represented (pro se) parties, all documents must be furnished to the court via U.S. Mail with self-addressed stamped envelopes for the pro se parties.

Note: Documents/Orders are only permitted to be e-mailed to pro se parties if the party has filed a Notice of Email designation with the Clerk of Court, otherwise all documents/orders must be mailed to pro se parties via U.S. Mail.

*RESIDENTIAL FORECLOSURE UMC: Scheduled online: Monday 8:00 a.m. - 8:30 a.m. - Tuesday - Thursdy 8:45 A.M. (See Local Rule No. 4 for UMC requirements under Forms & Orders) ALL UMC HEARINGS ARE SCHEDULED ON LINE. YOU NO LONGER NEED TO PROVIDE THE COURT WITH COPIES OFTHE NOTICE AND MOTION, THEY ARE TO BE ATTACHED WHEN SCHEDULED ON LINE. IF YOU CANCEL OR RESET THE HEARING,YOU MUST CANCEL THE HEARING ON THE ON LINE CALENDAR.

*Motions for Summary Final Judgment, unless based on a default, will not be heard on the UMC Calendar and must be specially set.

RESIDENTIAL FORECLOSURE TRIALS:

**Trials will be set in Division AE upon Plaintiff's filing of a Notice to Set Trial in Division AE. The notice shall indicate that the case is at issue and the amount of time requested. The court will e-serve the order to counsel for Plaintiff, who shall forward the order to all defendants and file the required Notice of Service.

**Trials will be set on the court's regular trial docket.

**Litigants are strongly urged not to request more than 8 hours for a residential foreclosure trial.

**You mail email your Notice to Set Trial as set forth below. Do not send envelopes. Plaintiff's counsel is responsposible for service of all trial orders. The notice must indicate it is a Residential Foreclosure under case number.

Subject line: NOTICE TO SET TRIAL & Style of Case

*RESIDENTIAL FORECLOSURE SPECIAL SET HEARINGS:

**For motions that require more than 10 minutes, the motion shall be scheduled on the court's on line calendar and coordinated with all appropriate parties. The hearings are set by order and the order is automatically uploaded to the court for signature. The order must contain the docket number of motion, or the order will be rejected. The judicial assistant is no longer scheduling the foreclosure hearings. If the hearing will take longer than 30 minues, you need to file a request to be placed on a trial docket, indicating the motion to be heard, the docket number of the motion and how much hearing time is requested. The judicial assistant will prepare an order setting the motion on the next avilable docket.

***************************************************************************************************************************

UNIFORM MOTION CALENDAR: Monday 8:00 a.m. - 8:30 a.m. & Tuesday - Thursday @ 8:45 am - See Local Rule No. 4 for UMC requirements under Forms & Orders:

SCHEDULED ON-LINE (If you re-schedule your hearing, be sure to cancel the first hearing on-line, so the date is re-opened.) YOU MAY ONLY SCHEDULE UMC HEARINGS ON THE DATES POSTED ON LINE. Also, be sure to review the suspension calendar. YOU NO LONGER NEED TO PROVIDE COPIES OF THE NOTICE AND MOTION TO THE COURT; HOWEVER PLEASE NOTE THAT IN ORDERFOR THE COURT TO PREPARE FOR THE HEARING ALL DOCUMENTS MUST BE TIMELY FILED. DOCKETING OF COURT DOCUMENTS CAN TAKE AT LEAST 2-3 DAYS TO BE DOCKETED.

*UMC Hearings that are ten (10) minutes or less (for all parties) are scheduled on-line. UMC hearings are held in Courtroom 9A. Five (5) business days notice to the opposing party(s) and the court is required.

*Notice of Cancelation: Remove your hearing from the on-line calendar.

*Motions for Summary Final Judgment, unless based on a default, will not be heard on the UMC Calendar and must be specially set.

SPECIAL SET HEARINGS (If the case is set on a trial docket, you may NOT set a hearing after the trial period begins):

*The hearing date must be coordinated with opposing counsel/party.

*All MOTIONS MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT PRIOR TO SPECIALLY SETTING A HEARING AND THE MOTION FILING DATE MUST APPEAR IN THE ORDER.

*All specially set hearings are scheduled on line and set by court order. The order is automatically uploaded through the system and the hearing cannot be cancelled. DO NOT DO A NOTICE.

*Special Set Hearings cannot be cancelled without a properly filed Motion to Continue and must be set for Hearing on the UMC calendar. If the matter is resolved more than 24 hours prior to the hearing, you may contact the judicial assistant for insructions to submit an order disposing of the issue(s). If the matter is resolved less than 24 hours prior to the hearing, the moving party shall present the order at scheduled hearing time.

*Hearings which the parties believe will take 15 minutes or 30 minutes are scheduled online. Go the 15th Circuit Website and click the Online Scheduling button and follow the directions.

*Note: After the Order Specially Setting Hearing has been entered, any supplemental documents for the Court's review will have to be forwarded via hard copy. DO NOT EMAIL THE DOCUMENTS. Motions to continue must be set for hearing on the UMC calendar. Do not forward agreed orders granting a continuance unless your motion to continue has been set and heard by the Court. The JA cannot cancel hearings.

*Note: If the case involves a pro se party or parties who have not elected to receive service of documents by e-service, the moving party shall provide a copy of the conformed order to the pro se party or parties.

*Note: If the issue(s) is resolved less than twenty-four (24) business hours prior to the scheduled hearing, the moving party shall appear before the court at the scheduled time of the hearing with their proposed order resolving the issue(s).

*For hearings that will take longer than 30 minutes:

**Hearings that require more than thirty (30) minutes: Submit in writing, via U.S. Mail, a Notice For Motion(s) To Be Placed On The Court's Next Available Docket. The Notice is to be efiled with the Clerk of Court. Do not send a letter. All motions must be filed and docketed with the clerk of court. The Notice shall indicate the motion or motions to be heard, the docket number for the motion(s) and the amount of hearing time requested.

UNIQUE MOTIONS/PETITIONS:

*Emergency motions: Pursuant to Administrative Order 3.206-1/09, Judge Gillen (or alternate judge during his absence) will decide whether the reasons set forth in a motion for emergency relief actually constitute an emergency. If the judge determines that the motion does allege a bona fide emergency, he will take whatever action he deems appropriate, including entry of an ex-parte order if permissible and warranted under the law. File your motion with the clerk of court and be sure to check the emergecy button on the clerk's website so the motion is processed timely.

*Rehearing or relief-from-judgment motions: Post-judgment rehearing or relief motions may NOT be set for hearing. File the original (which must state the date of hearing and docket number of any order from which relief is sought), with the clerk of court and provide a copy with supporting authority to the court. Also provide a proposed order with self-addressed stamped envelopes, to enable the court to serve the order by mail.

*Motion to Withdraw: Must include the forwarding information for the to-be-unrepresented party in the body of the Order. SET FOR UMC HEARING with notice to all parties.

*Ex-parte motions: The motion must contain a "separate certification signed by counsel" substantially similar to this: "I hereby certify that I have in good faith conferred or attempted to confer with the opposition in an effort to resolve the issue without resorting to court action."

*Substitution of counsel: Stipulations for counsel substitution must comply with Fla. R. Jud. Admin 2.505(e). When counsel substitution is for an individual as distinct from an entity, it is especially imperative that the substitution notice be accompanied by a consent signed by the client.

NOTICE TO SET TRIAL: Residential Foreclosure cases see instructions above.

*When a case is at issue and ready to be set for trial, e-serve a courtesy copy to the Court as follows:

cad-divisionae@pbcgov.org SUBJECT LINE: Notice to Set Trial & Style of Case

*In cases where all parties are represented by counsel, the notice shall contain each attorney's name and the Order will be provided to all registered parties via Judicial eService.

*In cases where one or more parties are NOT represented by an attorney, the notice shall contain the name and registered e-mail address for the attorney and the physical street address for the pro se party(s) Mail a copy of th Notice to Set Tria with a self-addressed stampd envelop for the pro se party and the Court will mal the trial order.

*Do not call the judicial assistant to inquire when the trial will be set. Trial dockets are generally eight (8) weeks long and the calendar call will be approximately 10 days prior to the first day of the trial docket.

*Prior to calendar call, counsel must have: (1) participated in mediation, (2) held a pretrial conference, (3) exchanged exhibit and witness lists, (4) agreed on the length of time the trial will take, including jury selection where applicable, (5) agreed on time periods during the upcoming trial docket when all counsel are available, (6) filed the pretrial stipulation, (7) collaborated on proposed jury instructions, providing trial clerk with a single copy, noting the parties' differences, if any, on any specific provision, (8) pre-marked the exhibits in accordance with instructions of the clerk and comptroller, and (9) scheduled for hearing prior to trial any motion in limine or other pretrial motion, if time is available.

Pretrial Conferences and Motions in Limine

*If, after the parties develop a pretrial stipulation, any party believes a pretrial conference will be in the interest of judicial economy, they should contact the judicial assistant to determine whether Judge Gillen will be able to specially-set a pretrial conference. Whether at a pretrial conference or at a hearing of more limited scope, in the interest of saving prospective juror or juror time and in an effort to focus the parties' evidence presentation prior to commencement of the trial, Judge Gillen will attempt to hear argument on motions in limine prior to the first day of trial.

*Any party seeking to exclude evidence under a Daubert analysis shall file a motion with the court specifically identifying the basis for the Daubert challenge. All Daubert motions shall be scheduled and heard prior to the commencement of the trial docket.

*In no event will Judge Gillen entertain unnecessary motions in limine which do no more than seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument or expressing personal beliefs.

SETTLEMENT:

*Immediately upon reaching a settlement, please notify the judicial assistant by telephone (561-355-6386) an email a copy of the Notice of Settlement as indicated above RE: Eservice to the court.

EXHIBITS:

*Special Set Hearings/Non-Jury matters: See Divisional Forms and Orders.

*Jury Trials: PRE-MARKING EXHIBITS. BEFORE TRIAL, each party shall contact the clerk for pre-marking instructions (561) 355-2986.

 

DOCUMENTS WHICH ARE RECORDED AND THEREFORE REQUIRE A 3"X3" EMPTY SPACE IN THE UPPER RIGHT HAND CORNER OF THE FRONT PAGE OF THE DOCUMENT:

AMENDED NOTICE OF APPEAL

DEFAULT FINAL JUDGMENT

FINAL JUDGMENT FORECLOSURE

FINAL JUDGMENT

JUDGMENT

NOTICE OF APPEAL

NOTICE OF CROSS APPEAL

NOTICE OF NON FINAL APPEAL

ORDER OF DISMISSAL

VERDICT

VACATE FINAL JUDGMENT & DISMISS

last updated: 10/04/2017