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Divisional Instructions


 

 

PROCEDURES FOR CIRCUIT CIVIL DIVISION “ AB”
HONORABLE JOHN S. KASTRENAKES
COURTROOM 11B
Karen Skodmin, Judicial Assistant
 Division email: cad-divisionab@pbcgov.org
 
UNIFORM MOTION CALENDAR (UMC)
**Please refer to Local Rule Number 4**
UMC hearings are held Monday through Thursday 8:45 to 9:30am, ten (10) minutes per case (five (5) minutes per side).  File your Notice of Hearing with the Clerk giving five (5) business days notice to the opposing party or parties (unless they agree to do a hearing on short notice). The UMC calendar is scheduled on a first come-first serve basis. You do not need to call the Judicial Assistant to schedule your hearing on the UMC calendar, nor does the Judge’s office keep a “calendar” for UMC hearings.   However Judge Kastrenakes reads all the submissions for UMC.  Counsel must  email the Judicial Assistant at / cad-divisionab@pbcgov.org , 1 day prior to the hearing to confirm your case is still proceeding or  to cancel (not to confirm with the JA  your case is on the calendar , no calendar is kept,).  If canceling an UMC hearing a notice of cancellation needs to be filed. All parties are required to bring a proposed Order on the Motion, sufficient number of copies for conforming, and pre-addressed stamped envelopes (one for each party) to the hearing.  
OPPOSED SUMMARY JUDGMENTS ARE NOT TO BE SET ON THE UMC DOCKET
THEY REQUIRE A SPECIAL SET HEARING TIME****
 
TELPHONIC HEARINGS
Telephonic Appearance at a Uniform Motion Calendar is permitted. However, one party must appear in person and have signed in for the hearing to take place. The request counsel shall file with the Clerk and provide the Court and opposing counsel a “Notice of Telephonic Appearance” containing the number to call and must be arranged in advance and in writing. A courtesy copy of the motion and notice must be submitted by mail to the judge’s office at least five (5) business days before hearing as the court reviews all motion calendar hearings prior to the hearing date.   On notices for telephonic appearance a toll-free number or number that will accept a collect call should be on the notice.
SPECIAL SET HEARINGS
Special Set Hearings(15-30 minutes): Online e-scheduling- Detailed instructions on utilizing the online calendaring are located on the website at www.15thcircuit.com/onlinescheduling.
Special Set hearings for 40 minutes (20 minutes per side) or more are set on Mondays through the Judicial Assistant (561-355-6550) and by order and cannot be canceled without a court order.  Appearances by phone will not be allowed for Special Set Hearings.  Motions must be filed and docketed before a hearing may be set.  Add-ons or Cross-Motions please email to cad-divisionab@pbcgov.org with your modification request and cc all other parties. There must be agreement between the parties to add the additional motion and/or to otherwise modify the hearing. Non-evidentiary hearings are limited to 40 minutes. Evidentiary hearings are limited to 3 hours before needing to be placed on the trial docket. All special set hearings orders must include the language “ a copy of all memoranda/case law shall be submitted directly to the court at least 5 business  days prior to the hearing with a cover letter stating the date and time of hearing.  Please provide a proposed order setting the hearing with copies and self-address, stamped envelopes for mailing to all parties along with an additional two (2) copies of the order setting hearing for the judge and a copy of the motion.
 
Movant’s citations of authority and Memoranda of Law(the original and one copy) should be mailed directly to the Judge’s office at least seven(7) business days prior to the hearing indicating the date and time of the hearing. The Clerk will not file the Memoranda in the court file without the permission of the Judge. 
FORECLOSURE HEARINGS
All foreclosure cases set for hearing in Division AB are required to have a complete Foreclosure Form submitted with their paperwork. The forms are available in the “Forms Orders”.
NOTICE TO SET CAUSE FOR TRIAL
All original notices to set cause for trial should be submitted directly to the clerk. Please send a copy of your notice along with sufficient self addressed stamped envelopes directly to the judge and please include complete and current contact information, i.e.: address, phone number, etc. in the copies furnished area of your notice, upon receipt of your notice the Judicial Assistant will prepare the Order Setting the Trial. Do not call the Judicial Assistant and ask when trials are being set.
Jury and Non-Jury dockets are usually eight (8) weeks long and docket call is generally ten (10) days prior to the docket. Trials will be Tuesday through Friday from 10:00 to 5:00pm. No motions are being heard during docket call. All parties must appear in person for docket call; no telephonic appearances will be permitted. If your case has settled that is scheduled for docket call, you must contact the Judicial Assistant and send the judges office something in writing advising as such. 
 
**IF A CASE HAS SETTLED PLEASE FAX A LETTER REGARDING SETTLEMENT TO THE COURT (561-656-7818)****
ALL CONTINUANCE OF TRIAL require a hearing on the Uniform Motion Calendar prior to Calendar Call.
-Prior to calendar call counsel must have
(a)          Conducted mediation
(b)          Conducted pretrial conference, exchanged exhibit and witness lists
(c)           Agreed on the length of the trial and  the specific weeks in the trial period that      
                all  counsel are available.
(d)          All pretrial motions and objections shall be scheduled to be heard prior to docket call.
(e)          All joint pretrial stipulations must be in the Court file prior to docket call.
(f)           Proposed Jury Instructions shall be submitted to the trial Clerk on the first day of Trial.
(g)          All exhibits must be pre-marked pursuant to the Clerk of the Court and Comptroller instructions.
 
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