The Honorable Kathleen J Kroll
Family Divisional Instructions
*** NEW ****
ONLINE SCHEDULING FOR UNIFORM MOTION CALENDAR
Uniform Motion Calendar ("UMC") hearings are held Tuesday, Wednesday and Thursday at 8:45 A.M. and are set through the Online Scheduling System at www.15thcircuit.com. Only non-evidentiary motions that DO NOT require testimony can be scheduled during UMC.
Judge Kroll will review all Motions, Memoranda of Law and legal authority in advance of UMC Hearings. Accordingly, please provide a courtesy copy of all materials for review in advance of all hearings. Courtesy copies of all UMC materials should be uploaded to the E-Courtesy system as indicated below.
You do not need to call the Judicial Assistant to schedule or cancel a UMC hearing.
Parties MUST comply with Local Rule No. 4* when scheduling matters on the UMC docket.
Attorney must first file the original motion and notice of hearing with the Clerk's office and give opposing side(s) at least five (5) working days' notice, unless short notice has been agreed on by the parties.
DO NOT mail courtesy hard copies of the UMC Notice of Hearing or Motions to the court.
Parties are required to bring to court: copies of the motion, notice of hearing and proposed order with sufficient copies and stamped/addressed envelopes for all parties not registered for e-service.
Cancellation of hearings. To cancel a hearing scheduled for UMC, the scheduling attorney's office must login to the www.15thcircuit.com Online Scheduling System, select "Uniform Motion Calendar Scheduling"; Select "Cancel Hearings" and follow the directions on the screen. Please do not call the Judicial Assistant to schedule or cancel a UMC hearing. As a courtesy please notify opposing counsel when cancelling a UMC hearing.
Click here to learn more about e-courtesy
STRICT COMPLIANCE WITH LOCAL RULE 4
Local Rule 4 has been amended and now requires attorneys to "make reasonable efforts to actually speak to one another" in a genuine effort to narrow disputes before seeking court intervention.
The certification requirement has also changed and provides only two options to be used without modification:
_____ Counsel has conferred with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised.
_____ Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so.
If you have not complied with these amended requirements, please reschedule your hearing.
UNCONTESTED DISSOLUTIONS OF MARRIAGE:
Can be heard at UMC provided the following occurs:
- Five (5) days in advance copies of notice of hearing, pertinent pleadings and documents are provided to Judge;
- Complete Testimony at Final Hearing and Final Disposition Forms must be completed;
- Confirm notice required by Fla. Fam. L.R.P. 12.440 and Fla. Stat. §61.19;
- Bring proof of residency Fla. Stat. §61.052(2);
- Verify all documents necessary are in court file (Fla. Stat. §§61.052(7), (8); 61.21(4). Fla. Fam. L.R.P. 12.285(d)(j);
- Provide a proposed final judgment with self-addressed stamped envelopes for each party, if not registered for e-service;
- Income Deduction Order or Income Withholding Order, if needed.
Please utilize the procedure above for scheduling matters on the UMC Docket.
SPECIAL SET HEARINGS:
- Motions must be filed and docketed with clerk before a matter will be scheduled for special set hearing.
- Attorney's office shall contact the Judicial Assistant by telephone for dates (several will be given)
- Person requesting hearing must confirm availability with opposing counsel or pro se litigant;
- Confirm date with Judicial Assistant as soon as possible to reserve the time – dates are not held;
- Send copy of Notice of Hearing, pleadings being heard, any memorandum of law; case law authority to the Judge's office;
- An Order is NOT required for a special set hearing; however a special set hearing cannot be cancelled unless the matter set for hearing is settled (with an agreed order presented to Court) or withdrawn;
TEMPORARY RELIEF HEARINGS:
Mediation must be completed before a temporary relief hearing will be scheduled. Following mediation, if parties are unable to reach an agreement, dates and times for temporary relief hearing can be obtained from the Judicial Assistant.
- Hearings are limited to thirty (30) minutes.
NOTICE TO SET CAUSE FOR TRIAL:
- Notice must include whether the final hearing is on original action or a subsequent action (Fla. Fam. L.R.P. 12 440 and Fla. R. Civ. P. 1.440(b)).
- The party filing the Notice shall provide the Court via cover letter with the following:
- A copy of the Notice for Trial;
- Copies of all current Notices of Unavailability for both sides;
- An estimated time for the final hearing and what the opposing party's position is on the same;
- Stamped envelopes for all parties.
Trials are set by Court order and cannot be cancelled or continued except by further order of the Court unless the matter is settled with an executed settlement agreement.
Proposed form of order should include cover letter or form cover sheet specifying the date of the hearing, verifying the proposed order has been sent to opposing party and whether the form of the order is agreed to by opposing party, sufficient copies of the proposed form of order and stamped, self-addressed stamped envelopes for mailing to all parties (A.O. 2.306-9/08 ).
Proposed Orders may be submitted via the divisional e-mail at CAD-DivisionFJ@pbcgov.org in WORD format.
All parties names and addresses must be included on the orders. Orders which are submitted without agreement should state why the other party does not agree and what efforts were made to reach agreement. Orders must be submitted within five (5) business days following the hearing; unless otherwise instructed by the Judge.
Agreed orders should in the title state they are agreed orders.
POST JUDGMENT -MODIFICATIONS, CONTEMPT & ENFORCEMENT
- All post-judgment matters are referred to the Magistrate;
- All child support post-judgment matters are heard by the Magistrate;
- Attorney or pro se litigant should send the proper Order of Referral to the Judge ;
- Attorney or pro se litigant may file an objection to the referral;
- If the objection to Magistrate is sustained, after the Order is docketed, counsel shall contact the Judicial Assistant to schedule the matter (A.O. 5.022);
- Pro Se litigants should contact the case manager to schedule the matter for hearing;
- When requesting a Final Hearing on a post-judgment Petition or Motion, please include the name of the pleading in your trial notice along with a copy of the pleading and Order Sustaining Objection to General Magistrate.
APPEARANCE BY TELEPHONE:
Attorneys and pro se parties may appear via telephone only via www.courtcall.com:
Contact Information for Attorneys and Self-Represented Litigants:
Attorneys may appear via telephone appearance unless otherwise ordered; no witness or party testimony shall be allowed via telephone appearance absent agreement by in writing by opposing party.
ADOPTION AND NAME CHANGES:
- All adoption and name change statutory requirements must be met before a final hearing will be set;
- Staff Attorneys review all adoption matters and the Case Manager reviews name change petitions;
- No hearings will be set until after the case has been reviewed;
- A status order from the Court may be issued to the parties;
- Following all requirements being met by the parties, the Judicial Assistant will contact the party to schedule a final hearing.
TEMPORARY AND CONCURRENT CUSTODY PROCEEDINGS
- Please review Administrative Order 5.111-6/17 which outlines the new procedures.
- To obtain a hearing on a Petition for Temporary or Concurrent Custody please submit your request to the Judge's office, in writing, either by U.S. mail or e-mail (email@example.com) including the completed Checklist, which is attached to Administrative Order 5.111-6/17.
last updated: 07/21/2017