15th Judicial Circuit Guest

Magistrate Kirigin's Divisional Instructions

Erika Ireland, Family Division "FY" Case Manager; Telephone: 1-(561)355-4170
Eddie Dionne, Family Division "FZ" Case Manager; Telephone: 1-(561)274-1436

Note: The caseload assignment at the South County Courthouse is shared by the General Magistrates working with both Circuit Court Family Division Judges in Family
Divisions "FY" and "FZ". The caseload reassignment is controlled by the first letter of the male party litigant's surname (i.e. last name). "A" through and including "K" of family divisions "FY" and "FZ" is assigned to General Magistrate Diane M. Kirigin with oddnumbered guardianship and mental health division cases being heard by Diane M. Kirigin ; and "L" through "Z" is assigned to General Magistrate Thomas Riley Baker, III, with even numbered guardianship and mental health cases being heard by General Magistrate Thomas R. Baker, III. General Magistrate Maxine Williams will be succeeding General Magistrate Thomas Riley Baker, III effective with rotation on January 20th, 2009.

Lois Flatley, Deputy Clerk, Mental Health Division;Telephone: 1-(561)-274-1589
Kay Odum, Auditor, Guardianship Divison; Telephone: 1-(561)-274-1532

1. Calendar:   
    A. Generally:
The General Magistrate's Family Division Calendar is generally held Monday through Friday weekly,
 
   B. Uniform Motion Calendar:
Uniform Motion Calendar occurs once per week on Tuesdays from 8:30 A.M. to 9:30 A.M. If a matter takes more than 5 minutes per side, it should be specially set and not
placed on the U.M.C. Calendar. No evidentiary matters are heard on the U,M.C, Calendar. The piggybacking of multiple Motions should be avoided at U.M.C, Please familiarize yourself with the attached UNIFORM MOTION CALENDAR PROCEDURES.

   C. Calendar Call and Non-Jury Trial Docket:
Calendar Call occurs once per month usually 10- 14 days prior to commencement of the one (1) week non-jury trial docket. Note: See 3.G. hereinafter.

   D. Miscellaneous Non-Family Division Calendar:
Please note, that because General Magistrates Kirigin and Baker are also obliged to provide assistance to Judge Phillips in guardianship and mental health Ddvision, their available Family Division Hearing times are somewhat limited by the following fixed times dedicated to non-family division cases:

Tuesdays at 10:00 A.M. for on-site Baker Act Involuntary Placement Hearings at the mental health facilities.

Wednesdays 8:30 A.M. to Noon - Marchman Act Docket {i.e, Substance Abuse} for General Magistrate Diane M. Kirigin with General Magistrate Thomas R Baker, III handling the P.M. Docket.

One day per month in odd- numbered months and one-half day per month in even-numbered months to Guardianship Docket.

The General Magistrates alternate "on-Call" to preside over emergency Baker Act Petitions for Involuntary Examination which are heard on a walk-in basis. These cases are given priority status by the Court and on occasion the General Magistrate may take a recess to interrupt an on-going hearing or trial to handle these emergent filings.

2. Child Support and Non~Child Support Matters:
    A. Child Support Matters:
The General Magistrates have inherent jurisdiction over child support establishment, enforcement and modification proceedings pursuant to Florida Family Law Rules Of
Procedure, Rule 12.491 and local Administrative Order {this includes items in the nature of health insurance for the parties' children, health care expense payment/reimbursement and child care as well as life insurance to secure same}. No Order of Referral to General Magistrate should issue as to a child support matter. IlJJ" Practice Pointer: However, pursuant to a recent case decision entitled Ferencz v. Ferencz, 897 So. 2d 558 (Fla. 2nd DCA 2005) if the subject matter referred is in the nature of child support and attorney's fees are sought, an Order of Referral to General Magistrate needs to issue. In such an instance, to avoid unnecessary Objection to an Order of Referral to General Magistrate, if attorney's fees are an issue, the Order of Referral to General Magistrate should state: "The attorney's fees component of this Motion (or Petition) is the sole subject of this Order of Referral to General Magistrate." IlJJ" Practice Pointer: A General Magistrate cannot preside over the issue of paternity if same is in dispute.

Counsel and/or staff should double check each court file and the C.S.E. Ledger before initiating child support enforcement/modification proceedings because in all case where D.O.R. is representing the child support recipient those cases are exclusively heard by this Circuit's Child Support Hearing Officers, the Hon. Joy B. Shearer, General Magistrate (561 )-355-1975 who handles even numbered cases and the Hon. Maxine Williams, General Magistrate (561 )355-1994 who handles odd numbered cases.

   B. NonMChild Support Matters:
All other items not otherwise identified as child support by Court order and/or theparties' marital settlement agreement require that the matter be referred via an Order of
Referral to General Magistrate pursuant to the Florida Family Law Rules, Rule 12.490. The Order must identify the General Magistrate by name and the matters being referred {by title and docket entry number, if possible}. In all cases involving Counsel, it is the Counsel's obligation to prepare the Order of Referral to General Magistrate and submit same to the Circuit Court for signature, not that of the General Magistrate.

   C. Objections to Orders of Referral to General Magistrate:
In order to facilitate the timely processing any Objection to Order of Referral to General Magistrate, the Objection should be furnished to the General Magistrate and it
should identify the Order of Referral to General Magistrate by date and docket entry number, as well as attach a copy of the Motion, Petition or other matter which is the subject of the Order of Referral to General Magistrate.

   D. "No Referral" List:
Be certain that prior to scheduling any Unified Family Court Hearing to check the "No Referral" List attached to ensure that the matter referred is appropriate for hearing by the General Magistrate.

      3. Scheduling, Continuances and Cancellations:

         A. U.M.C. Hearings.These hearings need to be noticed to opposing Counsel {if none, the opposing party} with a copy to the General Magistrate, but not co-ordinated with the J.A. {other than
checking the message regarding U.M.C. cancellations}.

       B. Evidentiary Motion Hearings:
Any telephonic request for evidentiary Motion Hearing must be immediately followed in writing, with a copy of the date and time-stamped Clerk's stamp attached,
together with a copy of the signed Order of Referral to General Magistrate, if one has issued. Beware that the General Magistrate may reschedule the hearing if after her review of the Motion it appears that the time estimate was inaccurate. Because of the reopening fees requirement imposed pursuant to Article V, Revision 7 funding no hearing will be scheduled without proof that the Motion has been filed with the Clerk of the Court. Upon receipt, the General Magistrate's J.A. will call you and co-ordinate a date and time for Hearing. Caution: If the General Magistrate's J.A. calls you and you fail to call back and respond after her 2 documented attempts to contact you, your Motion will be deemed abandoned and a Memo to the Clerk memorializing your failure to respond will be placed in the Court file without further action being taken by the General Magistrate.

' Practice Pointer: When scheduling a Hearing, please be realistic. If 2 Attorneys and testimony by each party are anticipated, don't say the Hearing will take 15 or 30
minutes when it will take 1 hour or so. Be courteous and give a realistic time estimate. This will avoid delays or the necessity of bringing the parties and Counsel back
for a continued hearing.

        C. Emergency Hearings:
If a matter is emergent, as defined by case law and the Circuit's Local Rules, then, by definition it is not appropriate for referral to General Magistrate but should be
referred to the presiding Circuit Judge for processing and immediate action. If the Circuit Judge deems same non-emergent and refers it to a General Magistrate it shall be set in the normal course.

        D. Non-Jury Trials:
A Non-Jury Trial will be scheduled by the General Magistrate as part of the case management process when a Notice of Readiness or Motion to Set Cause for Trial is
filed by counsel. Please be certain to include an accurate time estimate, any vacation ortrial conflicts, and two sets of pre-addressed, stamped return envelopes for each party. As for pro se Non-Jury Trials, same are scheduled in co-ordination with the Family Division "FZ" Case' Managers who advises the General Magistrate whether or not cases appear ripe for Non-Jury Trial. In addition, during the course of another matter when her review of the Court file reflects that the case is ripe for Non-Jury Trial, the General Magistrate may sua sponte schedule same for Non-Jury Trial. The General Magistrate will issue an Order Setting NonJury Trial, Setting Calendar Call and Directing Pre-trial Procedure in connection with all NonJury Trials.

        E, Continuances:
Any request for continuance must be in writing and co-signed by the Client and noticed for Hearing on the U.M.C. Calendar. Alternatively, if the continuance is agreed to
by opposing Counsel, a Stipulation signed by both Counsel and their Clients should be submitted together with an Order either: (a) assigning a new hearing or non-jury trial date; or, setting a Status Conference to revisit a reset date.

        F. Cancellations:
Cancellations may occur under either one of the following mechanisms: (1) by Agreed Order confirming that the matter has been resolved and the pending Motion or
Petition resolved or withdrawn; or (2) Notice of Cancellation confirming that the matter has been resolved and the pending Motion or Petition resolved or withdrawn. The Motion or Petition should be identified by title and docket entry number with the Hearing or Non-Jury Trial date and time reflected thereon.

       G. General Magistrate's "Global" Jurisdiction:
Once an action for non-jury trial or motion is referred to the General Magistrate all discovery issues, procedural motions/matters, motions in limine, etc., as well as any
motion for continuance is to be heard by the General Magistrate not the Circuit Judge. It is the function of the General Magistrate to alleviate and assist in the Circuit Judge(s) caseload, part and parcel of which is the global disposition of all ancillary motions/issues pertaining to the underlying action or motion previously referred.
  
    4. Telephonic Appearances:
The General Magistrate does not oppose any party or witness appearing telephonically as long as the other side stipulates to same in writing in advance of the
hearing or non-jury trial. However, the cost of the telephonic appearance, if long distance, will not be borne by the Court. If exhibits have to be identified or referenced during testimony the party or witness should have a facsimile machine available during the Hearing or NonJury Trial.

   5. Exhibits:
An appropriate number of exhibits for submission to the Court and for the opposing party should be copied and prepared in advance of hearing or non-jury trial. It is not the
obligation of the General Magistrate or her staff to provide photocopy services at hearing or non-jury trial.

   6. 'Pro Se Litigants:
Any Order or Notice Setting Hearing you prepare should have attached to it the form INSTRUCTIONS TO LITIGANTS/COUNSEL FOR CIVIL CONTEMPT/ENFORCEMENT
HEARINGS and NOTICE TO ALL PARTIES IN UNIFIED FAMILY COURT.

   7. Closure/Disposition of Motions And Modification Actions:
Any "Agreed Order" or "Agreed Judgment" disposing of a pending MOTION or SUPPLEMENTAL PETITION should in its title and the body thereof direct the Clerk of the
Circuit Court to report the MOTION or SUPPLEMENTAL PETITION as "CLOSED" for statistical reporting purposes. Likewise, a FINAL DISPOSITION form should accompany the closure of all modification actions.

   8. E~ceptions and Motions to Vacate:
      
       A. Exceptions:
The original Exceptions should be filed with the Clerk of the Circuit Court and a courtesy copy furnished to the General Magistrate for her reference, review, and corrections,
if any. If the General Magistrate does not think any action needs to be taken on the Exceptions, to correct or amend the Report, then she will submit a copy of the Exceptions, her Report and proposed Orderto the Judge for action, with a copy of the cover memo being furnished to the Counsel of record, and if none the opposing party. "Practice Pointer: Upon receipt of your copy of the Memo it is the Counsel's obligation to contact the presiding Judge to schedule the Exceptions Hearing. "Practice Pointer: Make certain that the Circuit Judge is furnished with either the Hearing transcript or C.D.ltape/transcript within the time frame in advance of the hearing pursuant to the Florida Family Law Rules Of Procedure, Rule 12.490. You can obtain the CD.ltape/transcript by contacting the Court Reporters Office at (561 )~355~37 45.

      B. Motions to Vacate:
The original Motion to Vacate should be filed with the Clerk of the Circuit Court and a courtesy copy furnished to the General Magistrate for her reference and review, and
corrections, if any. If the General Magistrate does not think any action needs to be taken on the Motion to Vacate, to correct or amend the Recommended Order, then she will submit a copy of the Motion to Vacate to the Judge for action, with a copy being furnished to the Counsel of record, and if none the opposing party. "Practice Pointer: Upon receipt of your copy of the Memo it is the Counsel's obligation to contact the presiding Judge to schedule the Motion to Vacate Hearing. "Practice Pointer: Make certain that the Circuit Judge is furnished with either the Hearing transcript or tape within the time frame in advance of the hearing pursuant to the Florida Family Law Rules Of Procedure, Rule 12.491.

   9. Facsimile Use:
On occasion for emergent or other reasons the General Magistrate will authorize the use of facsimile communication when in Court or through her Judicial Assistant. This
authorization is limited to the matter authorized only and for no other purpose and such authorization should not be abused.

   10. Notice to Payors:
Effective July 1st, 2005 the Clerk of the Circuit Court transferred the obligation for preparation of Notices to Payor. This is the document which is served on the obligor's
payor/employer, together with a copy of the controlling Income Deduction Order, to facilitate wage garnishment. Practice Pointer: When any Order establishing, modifying or
enforcing child support and/or alimony is going to be wage garnishment is going to be effectuated, it is the obligation of Counsel to prepare the Notice to Payor, to prepare the U.S, Postal Service form 3811 green card and postage to the Court (or General Magistrate) to sign and mail. Once the card is received by the obligor's payor/employer the proof of receipt {i.e. the signed form 3811 green card} should be filed with the Clerk of the Court to evidence service,

   11. Status Inquiries:
Do not have a party client or that person's spouse, significant other, parent or friend call to inquire about the status of a pending ruling or otherwise discuss the status of a Report or Recommended Order. No inquiry should be made by Counselor Counsel's staff as to the status of a matter earlier than 30 days from the date of hearing, unless the matter has been deemed emergent by the General Magistrate and a date in advance of 30 days for completion of the Report or Recommended Order has been promised by the General Magistrate.

12. Jranslators:
It is not the obligation of the Court to furnish a translator in any family division proceedings. Please be certain to make the appropriate arrangements in advance
of hearing or non-jury trial. The translator may not be a friend or family member but must be a Court certified translator.

1. If a Party wants to submit documents for the Court's consideration, then that Party shall bring TWO (2) COPIES of that document; one for the
Court and one for the other Party.

2. If a Party is seeking enforcement of child support, alimony, health insurance premiums, medical expense reimbursement, day care/summer camp costs, etc,
which are NOT paid through the State Disbursement Unit (SDU) in Tallahassee, then the Party seeking enforcement shall prepare a detailed organized, itemized,
and summarized statement for the Court and opposing party indicating the total of the items that has been paid, what has not been paid, and what if any reimbursement is due. Said Party shall also provide the Court and opposing party with a copy of the supporting bills, canceled checks, credit card receipts, etc. See # 1 above.

3. Each party shall bring a stamped envelope to the hearing.

4. Failure to follow these guidelines may in the General Magistrate's discretion result in the scheduled hearing being CONTINUED to the next available hearing date on the Court's calendar (which could be weeks or even months away).

The following are the policies of General Magistrate Diane M. Kirigin for the Unified Family Court in and for Palm Beach County Circuit Court, read them carefully
prior to your hearing or trial. ALL PARTIES ARE EXPECTED TO KNOW AND OBEY THESE POLICIES.

A. GENERAL COURTROOM CONDUCT AND BEHAVIOR

1. All Court proceedings shall be conducted with dignity, decorum, courtesy and civility.

2. THE USE OF CELLULAR TELEPHONES, PAGERS, IPODS, VIDEO AND VOICE RECORDING DEVICES, PDAS AND OTHER FORMS OF ELECTRONIC EQUIPMENT ARE PROHIBITED IN THE HEARING ROOMS. ALL CELLULAR TELEPHONES AND PAGERS MUST BE TURNED OFF PRIOR TO ENTERING THE HEARING ROOM. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE INITIATION OF CONTEMPT PROCEEDINGS AGAINST YOU BY THE COURT.

3. Dress appropriately. Court business is very important. Shorts, tank or halter tops, undershirts, and individuals wearing caps or hat are forbidden.
The presiding judicial officer has the authority to ban persons not appropriately dressed from participating in the proceedings before the Court.

4. a. Speaking. A Court proceeding is not a free-for-all where people can say whatever they want, whenever they feel like it. Parties do not speak unless they are directed by the presiding judicial officer or attorney to speak and then they should speak only to the presiding judicial officer or attorney. Except under certain limited circumstances, a party generally does not speak directly to the other party in Court.

b. Interruptions, sarcasm, insults, and unresponsiveness answers will not be tolerated.

c. Similarly, derogatory or disrespectful verbal or nonverbal expressions will not be tolerated. DO NOT start arguments with or threaten anyone, especially in the presence of the presiding judicial officer. A Judge has the authority to hold you in contempt or exclude anyone from the Hearing room who hinders the orderly conduct of business.

5. Disruptive Behaviors. While it is expected that parties may be upset when they come to Court, they are expected to keep their anger and other offensive behavior under control and conduct themselves in an appropriate manner.

B. CHILDREN IN COURT
Pursuant to Rule 12.407, of the Florida Family Law Rules of Procedure: "No minor child shall be deposed or brought to a deposition, to court to appear as a witness
or to attend a hearing, or be subpoenaed to appear at a hearing without the entry of a prior order of the court authorizing same, based on good cause shown unless in an
emergency situation."

C. APPEARING IN COURT WITHOUT AN ATTORNEY (PRO SE)
1. A Pro Se Litigant (a party without an attorney) is not entitled to special treatment or privileges, and must follow the same rules of procedure, evidence and ethical regulations that govern practicing attorneys.

2. The Court must treat a Pro Sa Litigant much the same way it treats an Attorney. Pro Se Litigants, although not expected to be as skilled and knowledgeable as Attorneys, are subject to the same rules and regulations as a 'party who has an attorney. Judicial officers are forbidden by law to act as attorneys for unrepresented parties. It is also unethical for judicial officers to give them special treatment. A judicial officer's judicial assistant or legal assistant is part of the judicial officer's office and he/she is forbidden from doing anything the judicial officer cannot do.

3. What Judges, General Magistrates, and Hearing Officers cannot do. Neither the judicial officer or the judicial or legal assistant can give a Pro Se Litigant legal advice, practice tips, or help in writing Court papers. Most questions regarding what to do or how to do it cannot be answered and should not be asked.

4. The Clerk of the Circuit Court has a Self-Service Center located at the Palm Beach County Judicial Complex, 205 N. Dixie Highway, Room 2.2200, West Palm Beach, FL 33401, and in the Clerk's offices at each annex or satellite location where you can purchase forms and can make an appointment to speak with an attorney who can answer some questions and offer legal guidance; however, the center's staff is neither your attorney, your legal advisor, nor your office support staff.

5. Contact with Judges, General Magistrate and Hearing Officers' offices. A Pro Se Litigant is authorized to contact the judicial officer's office by telephone on matters related to the Court's schedule and attendance in Court. There is no other authorized purpose to contact the judicial officer's office. Visiting the judicial officer's office is not permitted because it disrupts the working routine in the office. Judicial and legal assistants assist judicial officers. Itis not their duty to either listen to the parties about the facts of their case or their complaints, or give advice on what to do.

6. All requests to speak to the judicial officers on the telephone or have a private conference WILL BE REFUSED. Letters written to the judicial officers which offer or seek to discuss evidence in the case or attempt to influence the judicial officer's decisions in the case are strictly forbidden by ex parte rules governing verbal and written communication.

7. The role, function of, and limitations on General Magistrates is specifically described in Rule 12.490, Florida Family Law Rules of Procedure.

8. The role, function of, and limitations on Child Support Hearing Officers is specifically described in Rule 12.491, Florida Family Law Rules of Procedure.