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Divisional Instructions


I. HEARING SCHEDULE

A.    Uniform Motion Calendar (UMC):
Monday through Thursday at 8:45 a.m. (first come, first served).  Scheduling is between the parties.  Do not call the JA for scheduling on UMC.  The Court does not keep a docket and there is no need to advise of cancellations. MOTIONS FOR SUMMARY JUDGMENT MAY NOT BE SET ON UMC.

Please make sure to comply with the five (5) day notice requirement per the local rules on all UMC matters. Pro se litigants may provide courtesy copies of their UMC motions and notices of hearing to the Court via regular mail. Counsel should also bring a copy of the motion and notice of hearing to the UMC hearing, along with a blank proposed Order (names and addresses of parties/counsel to receive copies must be noted on the Order, per local rules), with copies and stamped envelopes for all parties.  

Telephone attendance at UMC hearings:  Appearance by telephone is permitted.   However, at least one party must appear in person to sign in.  The attorney/party appearing by phone should provide opposing counsel/party the number at which he or she may receive a COLLECT or toll free call (if outside of Palm Beach, Broward or Miami-Dade county) from the judge at the time of the hearing and opposing counsel shall provide the number to the judge.  Do not call the JA with the number.  The judge will then call the attorney when that case is called up for hearing.  Telephone hearings are called last on the calendar.

B.    Summary Judgment Hearings: EFFECTIVE JULY 1, 2010, MOTIONS FOR SUMMARY JUDGMENT IN RESIDENTIAL FORECLOSURE CASES MAY BE HEARD BEFORE A SENIOR JUDGE.  

Be advised of the following changes:

  • Only UNCONTESTED foreclosure Summary Judgment hearings will be heard during the MORNING hearings.
  • All CONTESTED foreclosure Summary Judgment hearings will be heard during the AFTERNOON hearings ONLY. UNCONTESTED foreclosure Summary Judgment hearings will also be heard during the afternoon.

Organize your scheduled Summary Judgment hearings accordingly.

Summary Judgment Hearings of up to thirty (30) minutes must be set via the Division AW online calendar.  Please email CAD-WEB@pbcgov.org Email Link to obtain a password for use of the online calendar.  Counsel are required to send a courtesy copy of the notices of hearing for summary judgment matters to the Court via email to the following email address:CAD-DivisionAW-Summaryjudgment@pbcgov.org Email Link.    Pro se litigants may provide copies of the notices of hearing via regular mail.  Each notice of hearing must be sent to the Court via email no later than ten (10) business days following the receipt of a hearing date.

Effective January 7, 2011, all cancellations of Summary Judgment hearings MUST be made via the online scheduling system at least (six) 6 days before your scheduled hearing.
 
Any cancellations of Summary Judgment hearings five (5) days or less prior to your scheduled hearing MUST be requested in-person by a Motion to the court during Uniform Motion Calendar (UMC).  Phone attendance is not permitted.
 

Please make sure that you have fully completed the Division “AW” Foreclosure Checklist prior to the Summary Judgment Hearing, see (Division “AW” Foreclosure Checklist).  In addition, Summary Judgment packets must include a copy of the Proposed Summary Judgment and copies and addressed envelopes for all parties. 

 At the time of the Summary Judgment Hearing, the Clerk's Office will require the following documents:  certificate of title and certificate of disbursements, along with envelopes.  Sale dates will be provided at the time of the hearing.  Plaintiff or Plaintiff’s attorney must prepare a Notice of Sale and send a copy to all parties on the case.  This step is not required to be conducted in the courtroom.  The original must be filed with the Clerk of Court. Notices of Sale may be emailed (dbrnospalmbeach@alm.com) or faxed (561-820-2077) to The Daily Business Review for publication.  Notices should include sale date, billing information, signature of Plaintiff or Plaintiff’s attorney, sale location (www.mypalmbeachclerk.clerkauction.com), time of sale (10:00 AM) and all other information as required by F.S. Section 45.031(2).

C.     Specially Set Hearings:
Special Set Hearings must be set via the Division AW online calendar.  Hearing times are available in blocks of 15, 30, and 60 minutes.  Prior to scheduling a special set hearing on-line, you must 1) clear the hearing date and time with ALL parties, and 2) have previously filed your Motion with the Clerk's office.  Failure to comply with these procedures will result in cancellation of your hearing by the Court.

All Specially Set Motions must be set by Court Order and cannot be canceled except by further Court Order, see sample order (Division AW  Order on Specially Set Motions).  An order to cancel a special set hearing is proper only if the motion to be heard has been resolved.  If you must request the cancellation of a specially set hearing and the motion has not been resolved, you must appear at 8:45 Uniform Motion Calendar prior to the hearing date to request the cancellation.  The Order Cancelling Specially Set Hearing must reflect the date and time the matter is set for hearing. 

Upon receipt of an on-line special set hearing date, please email your proposed Order on  Special Set Hearing to Division AW to the following email address:   CAD-DivisionAW-SpecialSetHearings@pbcgov.org Email Link.  Thereafter, the Judicial Assistant will scan and email the signed Order on Specially Set Hearing to the counsel/pro se party requesting the hearing.  The counsel/pro se party requesting the hearing is required to serve a copy of the signed Order on Specially Set Hearings upon all parties of record.

In advance of any hearing on a specially set matter, counsel/pro se parties must send their motions and memoranda of law (not to exceed ten (10) pages to the Court via regular mail or courier at least 5, but not more than 10, days prior to the scheduled hearing date.  Include on the top of the submission a signed copy of the Order Specially Setting Hearing. 

D.     ALL MOTIONS TO DISMISS AND MOTIONS TO QUASH MUST BE SET FOR HEARING DURING UNIFORM MOTION CALENDAR (UMC) WITHIN THIRTY (30) DAYS OF FILING THE MOTION
All Motions to Dismiss and Motions to Quash must be set for hearing within thirty (30) days of filing the Motion.  Upon review of a Court file if the Court determines that a party has failed to set a Motion to Dismiss or Motion to Quash for hearing within 30 days, the Court will set the matter for hearing during UMC.   

E.     EMERGENCY MOTIONS
Please file the Emergency Motion with the Clerk's office.  Further, if you are a pro se litigant, please note your telephone number or email address on the Emergency Motion.  This is of particular importance with regards to issues pertaining to Writs of Possession. Please submit along with the Emergency Motion an Order and a complete set of addressed and stamped envelopes, one for each party.

II.     Notices of Trial:
File the original Notice with the Clerk.  Send a copy to the Judicial Assistant along with the stamped envelopes for each party/counsel.

III.    Calendar Call/Trials:
Friday, 8:30 AM
Attendance at Calendar Call is required.  No motions will be heard at Calendar Call.  The trial period is for three weeks beginning ten (10) days after the date of the Calendar Call. 

 

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Judge hoy

The Honorable John J Hoy

Division: Foreclosure "AW"

Room: 

Courtroom:
4A

Main Judicial Complex
205 N Dixie Highway
West Palm Beach, FL 33401

Judical Assistant:
Irene Venoff
Phone Number:
(561) 355-7816