The Honorable Donald W. Hafele
| Division: |
Circuit Civil "AG"
Denise Van Vooren
| Room: |
Main Judicial Complex
205 N Dixie Highway
West Palm Beach, FL 33401
JUDGE DONALD W. HAFELE
Judicial Assistant - Denise Van Vooren (561) 355-6533
Judge Hafele does not conduct business by fax or receive e-mail. DIVISION AG DOES NOT ACCEPT EMAIL UNLESS SPECIFICALLY AUTHORIZED BY THE COURT OR THE JUDICIAL ASSISTANT. Pursuant to new Florida Rule of Judicial Administration 2.516(h)(1), Division AG will serve all orders by "email to all attorneys who have not been excused from e-mail service and to all parties not represented by an attorney who have designated an e-mail address for service."
. Submit all proposed orders by mail. Please be sure that both the email and mailing addresses are on the order. The court will only need copies and self-addressed, stamped envelopes for all attorneys who have been excused from e-mail service and to all parties not represented by an attorney who have not designated an e-mail address for service.
Jury trials are currently being scheduled in May, 2018 - July, 2018 and Non-Jury trials in May, 2018 -July, 2018 - Ma . Trials . .. cannot be continued by agreed order.
Uniform Motion Calendar:
Please note: Beginning October 23, 2017 Judge Hafele will begin holding motion calendar hearings on Mondays in Civil Division AG. Motion calendar hearings will be held Monday through Thursday at 8:45.
Monday through Thursday, 8:45 a.m. - 9:30 a.m. Uniform Motion Calendar is not scheduled through the online scheduling system. FORECLOSURE MATTERS CAN BE SET MONDAY THROUGH THURSDAY AT 8:45 A.M. (All UMC hearings are first come, first serve - sign in with deputy). UMC hearings are limited to 10 minutes (5 mins. per side). Scheduling is between the parties. Do not call the JA for scheduling on UMC. The Court does not keep a docket. Provide a courtesy copy of the notice of hearing and motion to Judge Hafele's office at least two (2) days prior to the hearing. Counsel MUST bring a copy of the notice of hearing and motion to Uniform Motion Calendar, along with a blank proposed Order (names and addresses of parties/counsel to receive copies must be noted on the Order, per local rules) with copies and addressed and stamped envelope (if parties are not registered for the eservice list). Motions for Summary Judgment wherein the attorney in good faith feels the motion is unopposed or involves a lay Defendant in a collecton matter can be set on the uniform motion calendar.
Telephone attendance at hearings: Appearance by telephone is permitted on the UMC. However, at least one party must appear in person to sign in. The attorney/party appearing by phone should provide opposing counsel/party the number at which he or she may receive a COLLECT or toll free call (if outside the 561, 954, 305 area codes) from the judge at the time of the hearing and opposing counsel shall provide same to the court deputy when signing in. Do not call the JA with the number. The judge will then call the attorney COLLECT or toll free (if outside the 561, 954, 305 area codes) when that case is called up for hearing. Telephone hearings are called last on the calendar.
The same procedure is to be followed for telephone attendance at special set hearings.
It is not necessary to obtain an order for court approval for telephone attendance at hearings 15 minutes or less. An Order is required, however, for telephone attendance at hearings over 15 minutes.
Specially set hearings of fifteen (15) and thirty (30) minutes are set ON-LINE and cannot be cancelled or continued by agreed order. Timeslots are in increments of fifteen (15) or thirty (30) minutes. Please note the following prior to scheduling on-line:
The Motion must be filed with the Clerk prior to scheduling hearing. The date and time must be cleared with all parties prior to accepting the date on-line, and only one hearing per case per hearing day is allowed. A copy of the Notice of Hearing*, along with a courtesy copy of the Motion being scheduled (and, if a Motion to Dismiss, a copy of the operative Complaint) shall be forwarded to the Judge's office within five days of obtaining the hearing date, and must note the 5 rules listed below somewhere on the notice.**
BE CAREFUL! Once a hearing is scheduled on-line, the JA cannot cancel it, move it, add to it, etc., FOR ANY REASON (i.e., oops, my attorney forgot to tell me he would be on vacation; I e-mailed opposing counsel and never heard back so I assumed the date was okay, but now I find out it's not.). If any changes need to be made to a scheduled hearing, a MOTION MUST BE FILED and SET FOR HEARING ON UNIFORM MOTION CALENDAR.
DO NOT BOOK A DATE FOR HEARING UNLESS IT HAS BEEN CLEARED WITH ALL COUNSEL/PARTIES.
PLEASE NOTE: An Order Setting Hearing is only required now if the matter being scheduled is a Final Hearing/Trial. For all other motions being scheduled, it is permissible (and preferrable) to submit a NOTICE OF HEARING. However, the Notice of Hearing MUST CONTAIN THE FOLLOWING LANGUAGE SOMEWHERE ON THE NOTICE: 1) The JA cannot cancel this hearing unless the issue is resolved; 2) No add-ons are permitted; 3) Any Memorandums submitted are limited to 10 double-spaced pages; 4) Any materials submitted are due at least 7 days prior to the hearing; and 5) The moving party is required to bring to the hearing a blank proposed Order with copies and envelopes. (These rules apply to special settings only - not UMC hearings.)
Also, if the hearing is an Evidenitary Hearing, same must be noted on the Notice, and all counsel must have agreed that the amount of time scheduled is appropriate.
Motions for Rehearing are not scheduled by the parties/attorneys. See local rules.
Only one hearing per case may be scheduled per hearing day.
*An Order Setting Hearing is required only if the matter being scheduled is a Final Hearing/Trial. Otherwise, a Notice of Hearing is permissible (and preferable).
If a hearing time of more than 30 minutes is being requested, file a Motion and set same for hearing on the Uniform Motion Calendar
**The following procedures must be noted on all Special Set (not UMC) Notices of Hearing and Orders Setting Hearing in Division AG:
1. The JA cannot cancel this hearing unless the issue is resolved.
2. No add-ons are permitted.
3. Any Memorandums submitted are limited to 10 double-spaced pages.
4. Any materials submitted are due at least 7 days prior to the hearing.
5. The moving party is required to bring to the hearing a blank proposed Order with copies and envelopes.
Memorandums of Law should be submitted with the Notice of Hearing or, if sent separately, denote the hearing date on the front page.
NO POST-HEARING SUBMITTALS WILL BE ACCEPTED UNLESS REQUESTED BY THE COURT.
Notices of Trial: File the original Notice with the Clerk and send a copy to the Judicial Assistant. The court will only need self-addressed, stamped envelopes for all parties not represented by an attorney who have not designated an e-mail address for service. .
Calendar Call: Attendance at Calendar Call is required. Telephone attendance is never permitted at Calendar Call. No motions of any kind will be heard at the time of Calendar Call.
last updated: 09/26/2017