The Honorable Jessica Ticktin
| Division: |
Family "FZ" / Probate "IZ"
South County Courthouse
Divisional Instructions - Probate Division
EX-PARTE/UNIFORM MOTION CALENDAR/SPECIAL SET & TRIAL INSTRUCTIONS FOR PROBATE/GUARDIANSHIP
Probate UMC & Ex-Parte calendar:
Division IZ is participating in E-Filing and E-mail Service. Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority to: CAD-DivisionIZ@pbcgov.org
Orders sent to the Court by email will be served to the parties by email ONLY. All orders must state a mailing and email address for each party for service. IF THE OPPOSING SIDE IS AN EMAIL EXCUSED ATTORNEY OR A PRO SE PARTY (unless pro se party has agreed to email service) YOU MUST ADVISE THE COURT IN WRITING THAT A HARD COPY OF THE ORDER MUST BE MAILED TO THAT PERSON.
*Probate Ex-Parte Calendar is held Tuesday & Thursday @ 8:45 a.m., in Courtroom 3. Uniform Motion Calendar (UMC) will be held on Tuesdays, Wednesdays, and Thursdays. The hearings are not scheduled with the Judicial Assistant. You may check Judge Ticktin's suspension calendar by clicking this link: http://15thcircuit.co.palm-beach.fl.us/web/judge-ticktin/suspension-calendar.
Judge Ticktin will review all motions scheduled for UMC prior to the hearing. Accordingly, please send a courtesy copy of the motion and notice of hearing for all UMC matters, containing the name and docket number of your motion, to the UMC website at: CAD-DivisionUMCFZ-IZ@pbcgov.org
*If you resolve your motion prior to the hearing date, please contact the Judicial Assistant and advise as quickly as possible.
*All files must be ordered for Ex-Parte by clicking on the following link: http//15thcircuit.co.palm-beach.fl.us/web/guest/courtdivision/probate/app or by going to the www.15thcircuit.com to order online. 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 filed through the mail.
All waivers, consents, renunciations and receipt of assets must be notarized.
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
- 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
- Motion to Intervene
- Motion for Instructions
- Motion to Compel
- Status Conference
- Motion for Protective Order
- 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 (Heard only on Wednesdays)
Matters brought before the court must be noticed 5 days prior to the hearing for in-state residence and 10 days for out-of-state residence. The Notice of Hearing must be e-filed and a courtesy copy sent to the Judicial Assistant.
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
- Appointment of Emergency Temporary Guardian
- Disposition of Personal Property Without Administration
- Modification of Trust or Trust Complaints - Heard only on Wednesdays
- 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 availability with opposing counsel or pro se litigant before contacting the Judicial Assistant, Manuela Morales, to schedule a special set hearing at 561-274-1420. Hearing times are available in blocks of 15 or 30 minutes. Upon receipt of a special set hearing date and time, send proposed Order Setting Hearing in Word format (See Divisional Forms and Orders) for Judge Ticktin's signature to CAD-DivisionIZ@pbcgov.org. Thereafter, the Judicial Assistant will scan and email the signed Order on Special Set Hearing to all counsel/parties.
- Special set hearings are set by Court order and cannot be cancelled except by further order of the Court unless the matter is settled (with an agreed order presented to Court) or withdrawn
- If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
- Submit your proposed Order in advance of the hearing and in Word format to CAD-DivisionIZ@pbcgov.org.
- 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 Ticktin with the amount of time requested for your motion and a copy of the motion. Judge Ticktin 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 Ticktin has reviewed the motion.
Judge Ticktin will review all motions, memoranda of law (10 pages maximum - 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 to the Court via the following email address: CAD-DivisionIZ@pbcgov.org, and designate the date and time of the hearing which they reference. Counsel/parties should highlight or otherwise mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel. If the documents exceed 10 pages total, please send a courtesy copy via US mail to the Court (please allow time if sending via US mail).
Appearance by telephone is permitted at special set hearings using CourtCall. CourtCall.com is the service provider used for the purposes of scheduling and appearing at a non-evidentiary hearing via telephone.
To set a telephonic appearance for a hearing that is presently set, please go to http://CourtCall.com and/or call 1-888-882-6878 and follow the instructions. No Motion or Order for telephone appearance is required, however, your opposing counsel/party must be aware that you are appearing via telephone. A witness may testify only in strict compliance with Fla. R. Jud. Admin. 2.530 and . Fla. R. Civ. P. 1.451(b). Please note, if you are a witness or are planning to give testimony in your case, you must have a notary public present with you for the purpose of confirming your identification, and/or to swear the witness.
FINGERPRINT-ELECTRONIC ONLY AND CREDIT REPORTS FOR ALL GUARDIANS
Prior to the appointment of a Guardian, all proposed guardians are required to submit to a level 2 criminal check and a credit report as required by Florida Statue 744.3131.
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:
FL050063Z - 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
11498 Okeechobee Blvd.
Royal Palm Beach, FL 33411
1937 Q North Military Trail
West Palm Beach, FL 33409
CREDIT CHECK CAN BE DONE WITH THE 3 MAJOR CREDIT BUREAUS- must include FICO score:
Results must be e-filed together with a notice of confidential filing within court file.
Motions for Emergency Hearing should be filed with the Clerk's eportal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Courtesy copies of Emergency Motions may be emailed to CAD-DivisionIZ@pbcgov.org. Judge Ticktin will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record.
NOTICE/MOTION TO SET CAUSE FOR TRIAL:
- Original notice/motion to set cause for trial filed with Clerk's office
- Please adhere to all instructions in A.O. 5.209-5/09
- JUDGE MUST RECEIVE A COURTESY COPY OF THE NOTICE FOR TRIAL.
- In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party
- Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
- You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
- The original notice must be filed with the Clerk. A courtesy copy should be emailed toICAD-DivisionIZ@pbcgov.org. Trial Orders are served via email to all parties registered for e-service.
- Continuances of trial require a hearing on Uniform Motion Calendar. CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready. Continuances will only be granted in cases of emergency.
- *Any party seeking to exclude expert testimony under a Daubert analysis pursuant to F.S. 90.702 shall file a motion with the court specifically identifying the basis for the Daubert challenge. All Daubert motions shall be scheduled and heard prior to the commencement of the trial.
SERVICE AND PREPARATION OF JUDGMENTS AND ORDERS:
- FINAL JUDGMENTS and Orders will be e-mailed to all parties or mailed if there are pro se litigants or attorneys without e-service.
- Administrative Order 5.204-5/09 requires that some portion of text of the Order be included on signature page.
- Proposed Final Judgments and/or Orders should be submitted by email to to CAD-DivisionIZ@pbcgov.org, in Word format or Rich Text Format, within ten (10) days following the hearing
- Remember to leave a 3x3 inch blank space in the upper right hand corner for recording
- Proposed order should include a cover letter specifying the date of the hearing