The Honorable Rosemarie Scher
| Division: |
Family "FH" / Probate "IH"
| Room: |
North County Courthouse
3188 PGA Blvd.
Palm Beach Gardens, FL 33410
UNIFORM MOTION CALENDAR (UMC):
UMC is heard Tuesday (Family & Probate), Wednesday, (Family) and Thursday, (Probate) – 8:30 a.m. – 9:30 a.m. Kindly be advised each side is allotted a total of five minutes for a total of ten minutes per UMC calendar. All UMC hearings shall be:
- Coordinated with opposing counsel, pro se litigant, and all parties with five (5) business days notice to all parties (unless short notice agreed by parties);
- Five (5) days prior to the hearing a courtesy copy of the notice of hearing, motion, relevant pleadings or orders, and case law (two case maximum) shall be provided to the judge;
- The first motion properly noticed for hearing will be heard. It is the Court's discretion as to whether any additional motions will be heard.
- At the time of the hearing, movant party is responsible to provide to the Court proposed Order with sufficient copies of proposed Order, stamped, self-addressed envelopes for all parties.
UNCONTESTED DISSOLUTIONS OF MARRIAGE:
Can be heard at UMC provided the following occurs:
Pursuant to Fl. Stat. 61.21 and Administrative Order 5.212 both parties must have attended a Parent Education and Family Stabilization Course prior to setting a final dissolution hearing with children (contested or uncontested)
- 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);
- Movant party verifies matter is at issue and 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);
- Confirm marital settlement agreement addressed all matters required to be considered Provide a proposed final judgment with self-addressed stamped envelopes for all parties Income deduction order if needed
- Pursuant to Fl.Stat. 61.21 and Administrative Order 5.212 both parties must have attended a Parent Education and Family Stablization Course prior to setting a final disoolution hearing with children (contested or uncontested).
TEMPORARY AND CONCURRENT CUSTODY PROCEEDINGS
1. Plese see Administrtive Order No. 5.111-6/17 -Checklist MUST BE COMPLETED before a hearing is set.
SPECIAL SET HEARINGS:
- Motions must be filed and docketed with clerk before a matter will be scheduled for special set hearing.
- Moving party shall call the Judicial Assistant for 3 proposed dates and co-ordinate with opposing counsel and call the Judicial Assistant to secure a date. Dates willl NOT be put "on hold".
- Order Setting Hearing: ** for Judge's signature and sufficient copies and self-addressed stamped envelopes must be included for all parties and Court.
- PIGGY BACKING a hearing is NOT ALLOWED and will not be heard.
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.
- Follow instructions for Special Set Hearings.
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)).
- A copy of the Notice for Trial, MUST INCLUDE Docket Entry numbers for Petition, Answer, Counter-Petition etc. on the NOTICE FOR TRIAL
- An estimated time for the final hearing and what the opposing party's position is on the same;
- Stamped envelopes for all parties.
sufficient copies and self-addressed 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).
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.
A proposed form of order of referral must be submitted to the Judge along with sufficient copies of the proposed order and stamped, self-addressed envelopes for mailing to all parties.
The signed order will be forwarded to the Magistrate for processing.
Attorney or pro-se litigant may file an objection to the referral.
The Magistrate reviews the objection and enters the Order sustaining the objection at which time the matter is referred back to the Judge and the party shall follow this Court's divisional instructions for special set hearings. (A.O. 5.022)
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.
last updated: 06/26/2017