Divisional Instructions
UNIFORM MOTION CALENDAR (UMC):
HEARINGS START AT 8:45 A.M. AND ONLY THOSE CASES SIGNED-IN AT 8:45 WILL BE HEARD.
- Tuesday through Thursday – 8:45 a.m. – 9:30 a.m. (See A.O. 5.201-5/09)
- Ten (10) minutes allotted (5 minutes per side)
- Coordinated with opposing counsel or pro se litigant
- With five (5) business days notice to opposing counsel or pro se litigant
- Five (5) days prior to the hearing it is mandatory that a copy of the notice of hearing, motion being heard, supporting documentation and case law is served on Judge.
- Counsel and pro se litigant must bring to hearing:
- Proposed order granting/denying motion
- Sufficient copies of proposed order and sufficient stamped, self-addressed envelopes for each party
CANCELLING UMC HEARINGS:
- File original Notice of Cancellation with the Clerk and send a courtesy copy to the Judge.
- If cancelling a UMC hearing on short notice (24 hours or less before the hearing), please place a courtesy call to the Judicial Assistant advising of the cancellation in addition to filing a Notice of Cancellation.
UNCONTESTED DISSOLUTIONS OF MARRIAGE:
- May be heard at UMC
- Five (5) Business days in advance it is mandatory that copies of notice of hearing, pertinent pleadings and documents (i.e. Marital Settlement Agreement, Parenting Plan, Final Judgment, etc.) be delivered 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 at issue
- 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)
- Confirm marital settlement agreement addresses all matters required to be considered
- Provide a proposed final judgment with self-addressed stamped envelopes for each party
- Income Deduction Order, if needed
EXCEPTIONS TO REPORT OF MAGISTRATE:
- Exceptions must be filed within ten(10) days of service of Report (15 days if report is served by mail).
- A written transcript or an electronic transcript shall be served with exceptions and delivered to Judge's office.
- Not heairng will be scheduled unless order by the Court.
- The Court will rule on the papers filed and the transcript.
- Parties to provide Court proposed Order with copies and sufficient stamped, self-addressed envelopes for each party.
SPECIAL SET HEARINGS:
- Motions must be filed and docketed with clerk before a hearing can be set
- Contact Judicial Assistant for dates (several will be given)
- Contact Judicial Assistant to confirm date for hearing prior to sending Order
- Prepare Order Setting Hearing and send to Judge signature and sufficient copies and self-addressed stamped envelopes must be included for each party (Use form of Order Setting Hearing located under "Divisional Forms & Orders" section on webpage)
- Movant brings to the hearing: proposed order and sufficient copies and self-addressed stamped envelopes for each party
- Parties shall send pertinent court documents, memorandum of law to Court seven (7) days prior to hearing along with a cover letter with the case number, style of the case and date of hearing
- Specially set hearings are set by Court order and cannot be canceled except by further order of the Court unless the matter is settled (with an agreed order presented to Court) or the motion/petition is withdrawn
TEMPORARY RELIEF HEARINGS:
- Mediation specifically as to temporary relief issues must be complete after the petition is field before a temporary relief hearing will be scheduled
- Following mediation, if parties unable to reach an agreement, the Mediator's report must be filed and docketed before dates and times for temporary relief hearings can be obtained from Judicial Assistant
- Hearings are limited to thirty (30) minutes A.0. 5.207-5/09
- Follow instructions for Special Set Hearings
- Proposed Orders with findings must be delivered at the time of hearing in writable form using Microsoft Word along with sufficient stamped, self-addressed envelopes for each party.
NOTICE TO SET CAUSE FOR TRIAL:
- The pleadings must be "closed"
- Original notices to set cause for trial submitted to Clerk’s office with courtesy copy to the Judge
- Judge's courtesy copy of notice for trial must include sufficient stamped, self-addressed envelopes for all parties
- Notices must include specific matters to be tried and a realistic estimate of time necessary
- Please adhere to all instructions in A.O. 5.209-5/09
- Calendar Call will be held to schedule the specific date or dates.
- Attendance at Calendar Call in person is mandatory.
PROPOSED ORDERS:
- Proposed order should include a cover letter or form cover sheet specifying the date of the hearing, along with sufficient copies of the proposed order and stamped, self-addressed envelopes for mailing to all parties (A.O. 2.306-9/08)
- All parties names and addresses must be included on the orders
- Orders must be submitted within 48 hours following the hearing (if not delivered at hearing)
- Agreed orders should in the title state they are agreed orders
- Orders which are submitted without agreement should state why the other party does not agree
MODIFICATIONS:
- Attorney or pro se litigant may file an objection to the referral and send it to the Magistrate
- The Magistrate reviews the objection and enters the Order on the objection
- If Magistrate enters an order sustaining objection, matter is referred back to the Judge
- Attorney should contact the Judicial Assistant to schedule the matter (A.O. 5.022)
- Pro se litigants should contact the division case manager (561-355-4170) for assistance
POST JUDGMENT PETITION FOR FINAL HEARING:
- 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))
- Notice must include pleading to be heard by name, docket entry and filing date
CONTEMPT & ENFORCEMENT:
- All post-judgment matters are referred to the Magistrate
- A proposed 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 and send it to the Magistrate
- The Magistrate reviews the objection and enters the Order sustaining the objection at which time the matter is referred back to the Judge
- Attorney should contact the Judicial Assistant to schedule the matter (A.O. 5.022)
- Pro se litigants should contact the division case manager (561-355-4170) for assistance
APPEARANCE BY TELEPHONE:
- Notice to the Court should be given in writing five (5) business days in advance of hearing
- Judicial Assistant will contact party making request to provide telephone number
- No telephone hearings allowed for evidentiary hearings absent court order
- No telephonic appearance at Calendar Call
