Divisional Instructions
UNIFORM MOTION CALENDAR: UMC are held Tuesday's and Thursday's at 9:00 a.m. and are limited to five minutes per case. (NO SUMMARY JUDGMENT, DAMAGES OR EVIDENTIARY HEARINGS WILL BE HEARD AT UMC). You must give the opposing side at least seven (7) business days notice of hearing. The original Motion and Notice of Hearing MUST be filed with the Clerk. A COURTESY COPY of the notice of hearing, motion and any legal authority should be mailed to and received by the judge’s office at least five (5) business days prior of the hearing. IF A COURTESY COPY OF THE NOTICE OF HEARING AND MOTION ARE NOT RECEIVED IN THE JUDGES OFFICE, THE CASE WILL NOT PUT ON THE DOCKET OR HEARD. Please bring with you the motion, notice of hearing and proposed order with sufficient copies and stamped/addressed envelopes FOR ALL PARTIES to the hearing. Parties are to sign up on the sign-in sheet outside the courtroom and will be taken on first come, first serve basis (unopposed motions will be taken first). If the issue is resolved or there is a conflict, you DO NOT need to call to cancel a UMC hearing. If no one appears at the hearing time, the Court assumes the issue was resolved or a conflict exists.
Phone appearances are limited in number during UMC, due to the availibility of one line in the courtroom. It is permitted, if there is no objection by the opposing parties, and with the approval of the Court. You will be asked then to provide the Court a seperate Motion and Order to appear by telephone. The Judicial Assistant will provide the telephone number at the time the hearing has been set. Only one paty in the case will be allowed to appear telephonically.
Division RD requires compliance with AO.3.603, before calling the Judicial Assistant to set any hearing (except continuances and extension of time), the parties must speak with each other an make a good faith attempt to resolve the matter without a hearing.
CANCELLATION OF HEARINGS:
Please call the Judicial Assistant prior to the scheduled special set hearing(s) to have it cancelled from the Judge's docket. Please follow up with a "NOTICE OF CANCELLATION OF HEARING" to be placed in the court file. This Notice may be mailed and filed with the Clerk. If the motion is ten (10) minutes or more, the Notice of Cancellation must note the reason for the cancellation with proper notice to opposing party. THERE WILL BE NO FAXING AND/OR E-MAILING OF CANCELLATION NOTICES.
EVICTION HEARINGS:
Eviction matters are SET BY THE COURT on an expedited basis upon receipt of the pleadings and hearings are held EVERY Wednesday at 9:00 a.m. and 10:00 a.m. Please read any orders carefully as they are self explanatory regarding deposits, mediation and the effect of failure to comply. The Court does NOT allow phone appearances at pretrials or non-jury trials. All parties must appear in person unless the Court has granted prior approval to appear by phone after proper motion has ben filed.
TELELPHONE HEARINGS:
In certain circumstances, telephonic hearings are permitted, if there is no objection by the opposing parties, and with the approval of the Court. You will be asked then to provide the Court a seperate Motion and Order to appear by telephone.The Judicial Assistant will provide the telephone number at the time the hearing and for (UMC Motion Calendar) is scheduled to be placed on the order granting telephonic hearing. Only one party in the case will be allowed to appear telephonically.
SPECIAL SET HEARINGS:
Specially set hearings of 10 minutes or more are set by calling the Judicial Assistant to obtain available dates and times for hearing. If there is an attorney on both sides, several dates will be given to the setting party so that the hearing time can be coordinated with the other side as a professional courtesy. If your case settles, is voluntarily dismissed, or stayed, and there are future hearings or trials scheduled with the Court, the parties shall contact the judicial assistant immediately to inform the judge's office to cancel all previously scheduled hearings/trials in order to freee the docket space for other hearings to be set and submit the appropriate paperwork to the Clerk's Office and copies to the judge's office.
COMMUNICATIONS WITH COURT AND AGREED ORDERS:
To check on the status of any submitted Order or paperwork to be signed by the Judge, call the County Civil Clerk's Office at (561.274.1588) and ask them to check the location of the file. If the file is checked out to the Judge, then it has not been signed, but please, give it a day or two then call back again the Clerk's Office. Conformed copies of orders are normally mailed the same day the Judge signs and dates it. All proposed Orders submitted to the Court MUST have sufficient copies and pre-addressed, stamped envelopes provided for EACH PARTY. If an order is submitted and it is an agreed order by all parties, the order should say "AGREED ORDER" on it. All proposed orders, final judgments,etc...submitted for the judge's signature should include a cover letter or cover sheet indicating the date the matter was heard, the original and enough copies for all parties involved in the case. PLEASE DO NOT send original documents or checks to the Judge's chambers. All original documents MUST be sent/filed with the Clerk of the Court. ALL MOTIONS FOR DIVISION "RD" must be filed and docketed with the Clerk of the Court prior to calling the Judge's Judicial Assistant for available hearing times. All communications with the Court must be IN WRITING, filed with the Clerk, and COPIES TO ALL PARTIES AND/OR THEIR COUNSEL. Be sure to include the case number, your address and current telephone number, proper documentation aid the correspondence or documents to be dispersed properly , and , if the case is scheduled for a hearing or trial , include the date and time of the hearing or trial.
EMERGENCY MOTIONS :
In accordance with Admnistrative Order 3.2006, the original EMERGENCY MOTIONS must be FILED WITH THE CLERK'S OFFICE. The Clerk will bring the motion up to the Judge and the judge will determine if the motion is a true emergency, the judicial assistant will set the matter for a hearing. It is of great importance to include your contact information on all Motions.
QUESTIONS AND ADVICE:
We cannot give you legal advice on how to proceed with your case. If you have questions of a legal nature, or questions concerning how to proceed, please contact or visit the Self Help Center in the South County Courthouse or any of the adjacent Courthouses. In addition, the Palm Beach information County Bar Association has available a Lawer Referral and Information Service. For information, please call 561.687.3266
Division RD encourages all to check the website for updates of changes in the divisional instructions and/or suspension dates.
Please remember, the Judicial Assistant cannot give legal advice.
Subject to Change.
