The Honorable Kathleen J Kroll
*** NEW ****
ONLINE SCHEDULING FOR UNIFORM MOTION CALENDAR
Probate Uniform Motion Calendar ("UMC") hearings are held Tuesday 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.
EX-PARTE/UNIFORM MOTION CALENDAR/SPECIAL SET & TRIAL INSTRUCTIONS FOR PROBATE/GUARDIANSHIP
All appearing for ex-parte must call the clerk of court and provide their case details in order to be placed on the calendar, no later than the business day prior to the hearing by 12:00 noon. Please ensure that your petition, motion and supporting documents are filed and docketed prior to setting for hearing. If your file is not with the Ex-Parte Clerk you will have one of two options:
- Return on the next Ex-Parte day;
- Leave your paperwork with the Clerk, together with your stamped self-addressed envelope (if you need conformed copies) and your file will be processed together with motions received through the mail.
- ALL e-filed documents must be docketed prior to scheduling your case for Ex-Parte.
- When attending Ex-Parte, a copy of the Will must be e-filed, as it is a requirement for Ex-Parte case case management review.
NO FILES WILL BE PULLED THE MORNING OF EX-PARTE. Files ARE NOT required for UMC Hearings.
Examples of Ex-Parte and UMC Matters:
- Petition for Administration (with or without agreed order for PR Appointment)
- Petition to Authorize Sale (consents from all beneficiaries required)
- Petition for Summary Administration
- Petition to Extend Time
- Petition to Determine Heirs (Uncontested)
- Petition to Strike Claims
- Petition to Determine Homestead or Exempt Property
- Elective Share (Uncontested)
- Petition for Distribution
- Petition to Appoint Administrator ad Litem/Curator (uncontested)
- Motion to Intervene
- Motion for Instructions
- Motion to Compel
- Status Conference
- Motion for Protective Order
- Motion to Withdraw
- Motion for Continuance
- Motion for Default
- Agreed Orders (Except for PR Appointment - see above)
- Motion to Terminate or Limit Examinations
- Modification of Trust or Trust Complaints
The following motions WILL NOT be heard at Ex-Parte or UMC:
- Petition for Attorney, Guardian or Personal Representative Fees
- Petition to Approve Minor's Settlement
- Personal Representative or Guardian Discharge- (Mail in only, no special set unless contested)
- Appointment of Emergency Temporary Guardian
- Disposition of Personal Property Without Administration
- All Evidentiary Hearings
- Petition for appointment of guardians
SPECIAL SET HEARINGS:
- Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
- Person requesting hearing must confirm contact the Judicial Assistant, Rebecca Ricker, to obtain available dates and time for the hearings (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 tiem – dates are not held;
- Send copy of the Notice of Hearing, pleadings being heard, any memorandums 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 or withdrawn
- Failure to comply with these procedures will result in cancellation of your hearing by the Court.
- Any hearing that requires one (1) hour or more, please send your request to Judge Kroll with the amount of time requested for your motion and a copy of the motion. Judge Kroll 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 Kroll has reviewed the motion.
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.
FINGERPRINT-ELECTRONIC ONLY AND CREDIT REPORT FOR ALL GUARDIANS
Prior to the appointment of a Guardian, all propose guardians are required to submit to a level 2 criminal check and a credit report as required by Florida Statue 744.3135.
Professional guardians: if you are not currently in the clerk's data base must also comply. Once in the data base the records remain valid on file for two (2) years.
VISIT www.fdle.state.fl.us FOR A LIST OF LIVESCAN SERVICE PROVIDERS TO HAVE FINGERPRINT AND CRIMINAL CHECK DONE. The sheriff department is another option, see below.
You would need this - ORI number for electronic transmission to the clerk:
FL50063Z - professional guardians
FL050064Z- non professional guardians
ALL FEES MUST BE VERIFIED WITH THE SHERIFF DEPARTMENT
FINGERPRINTING – Palm Beach County Sheriff Departments:
345 South Congress Avenue, Delray Beach, FL 33445; Tel.# 561-688-4760
11498 Okeechobee Blvd, Royal Palm Beach, FL 33411; Tel.#561-790-5180
1937 Q North Military Trail, West Palm Beach, FL 33409; Tel.#561-688-3838
CREDIT CHECK CAN BE DONE WITH THE 3 MAJOR CREDIT BUREAUS:
Results should be e-filed with a notice of confidential filing within court file.