The Honorable Joseph Marx
| Division: |
Circuit Civil "AN"
| Room: |
Main Judicial Complex
205 N Dixie Highway
West Palm Beach, FL 33401
"AN" Divisional Instructions
Uniform Motion Calendar (UMC):
Monday through Thursday, 8:45 a.m. – 9:30 a.m. on a first come, first serve basis (please sign in with the courtroom deputy). Scheduling is between the parties. UMC Hearings are not scheduled online, and is not scheduled with the Judicial Assistant. The Court expects strict compliance with Local Rule 4. Prior to setting a matter on the motion calendar, the party or attorney noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. UMC HEARINGS ARE NOT SCHEDULED THROUGH THE ONLINE SYSTEM.
Judge Marx will review all motions scheduled for UMC prior to the hearing. The original Motion and Notice of Hearing must be filed at least 5 working days in advance of the UMC hearing date, with the Clerk of Court, Civil Division, and a courtesy copy MUST be sent to opposing counsel and Judge Marx's Judicial Assistant (send to the Judicial Assistant via U.S. regular mail - courtesy copies must be sent U.S. regular mail, NOT e-mail). Be advised that the Judicial Assistant has no control of setting or resetting any Uniform Motion Calendar hearing. The attorney/moving party setting the hearing should ALWAYS clear the date chosen with opposing counsel/opposing party and immediately notify opposing counsel and/or the pro se party if the hearing is cancelled and/or reset. Please DO NOT CALL the Judicial Assistant to confirm if a Motion "has made" the UMC calendar, as the daily UMC calendar is determined by who signs in on the morning of the hearing date .
To set a telephonic appearance for a hearing that is presently set, the requesting counsel must file a Motion for Telephonic Appearance with the Clerk. A copy of the Motion and proposed Order Granting Telephonic Appearance shall be sent by U.S. regular mail. Please list all e-mail addresses of all counsel and parties on the proposed order and include a cover letter referencing the date of the hearing and whether opposing counsel has reviewed and approved the form of the proposed Order. If granted, requesting attorney will provide the phone number in the proposed order that the Court will call at the time of the hearing. Telephone hearings are called last on the calendar. THE COURT WILL NOT ACCEPT TELEPHONIC REQUESTS THE DAY BEFORE THE SCHEDULED HEARING.
Special Set Hearings:
Special set hearings must be set via the Division AN online calendar. The Court expects strict compliance with Local Rule 4. Hearing times are available in blocks of 15 and 30 minutes. Prior to scheduling a special set hearing online, you must have 1) agreed upon the date and time for the scheduled hearing with ALL parties, 2) have previously filed your Motion with the Clerk's office. Failure to comply with these procedures will result in cancellation of your hearing by the Court.
Any hearing that requires more than half an hour, please send your request to Judge Marx with the amount of time requesting for your motion and a copy of the motion. Judge Marx will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once Judge Marx has reviewed your motion.
All special set motions must be set by Court Order. Once set, the hearing may not be changed or canceled unless the matter is resolved, or by further Court Order. If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
Upon receipt of an online special set hearing date, the new JVS system will create a proposed order on your behalf. Please attach the Motion as a supporting document through the Online Scheduling System. If the total amount of pages exceed 10, please send via US mail (please allow time if sending via US mail) and include the confirmation page. The Judicial Assistant will email the signed Order on Special Set Hearing to all counsel/parties who have designated an email address for service once the underlying issue and confirmation is received. Judge Marx will review all motions, memoranda of law (either in support or opposition to the motion), and case authority in advance of all special set hearings. Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law, no later seven (7) days in advance of the hearing, and should designate the date and time of the hearing which they reference. Counsel/parties should mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel. Courtesy copies of motions, memoranda of law, and case authority should be sent by U.S. regular mail to the Court.
Appearance by telephone is permitted at special set hearings. The requesting counsel must file a Motion for Telephonic Appearance with the Clerk. A copy of the Motion and proposed Order Granting Telephonic Appearance shall be sent by U.S. regular mail to the Court. Please list all e-mail addresses of all counsel and parties on the proposed order and include a cover letter referencing the date of the hearing and whether opposing counsel has reviewed and approved the form of the proposed Order. If granted, requesting attorney will provide the name of the attorney and phone number in the proposed order that the Court will call at the time of the hearing.
File your original emergency motion with the Clerk of Court, Civil Division. The Clerk's office will then forward to Judge Marx, or an alternate Judge in his absence, for review and directive to determine whether an emergency hearing should be scheduled. DO NOT set an Emergency Motion for Hearing unless directed to do so by the Court's Judicial Assistant.
Division AN 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 email address for service.
To submit an order to the Court (WORD FORMAT), log on to the 15th Judicial Circuit website and click the online scheduling button. Click "continue to online scheduling application" and sign in, and follow the directions. Training videos have been posted on YouTube. Please open YouTube on the internet and search "15th judicial circuit of Florida" for more information. Should you have questions concerning the system, email your questions and feedback to CAD-WEB@pbcgov.org. The parties must be in complete agreement of the order to be submitted through the online scheduling system. Otherwise, if the parties are not in full agreement the order must be submitted by U.S. regular mail and indicate that multiple orders will be forthcoming from the same hearing.
NOTICES TO SET CAUSE FOR TRIAL: The moving party must file with the Clerk of Court, the original Notice for Trial with their estimated time of trial, and whether the case is to be set for a non-jury or jury trial. A courtesy copy of the Notice should be sent via U.S. regular mail to the Judicial Assistant for the setting of a trial date.
E Calendar Call will no longer be implemented in Division AN effective June 2017. All counsel must appear in person (no telephonic appearances allowed) in courtromm 10E on the day of Calendar Call.
last updated: 08/23/2017