AG Divisional Instructions

Coronavirus Update

Please see Administrative Order 12.515.7-01/2022 and Supreme Court AOSC21-17-Amendment-3 in response to COVID-19.

 

Important Notice

ALL 8:45 A.M. HEARINGS IN DIVISION AG WILL BE HELD VIA ZOOM AND NOTICED USING THE COURT'S ZOOM INSTRUCTIONS. When scheduling a Motion Calendar hearing on the Online Scheduling System, a Zoom link will be provided. Please include the Zoom information in place of Courtroom 10D on your Notices of Hearing for Uniform Motion Calendar hearings.

Meeting Link: Zoom Link
Meeting ID: 85056337361
Dial by your location:
  • US Toll-free 877-853-5257
  • US Toll-free 888-475-4499

 

Please email CAD-DivisionAG@pbcgov.org when contacting the JA and copy all parties.

 

  • Uniform Motion Calendar and non-evidentiary proceedings will continue via Zoom.

  • All hearings 30 minutes or less will be conducted by Zoom and the Zoom information should be included on the Notice of Hearing.   

  • To the extent possible, court reporters will also utilize a teleconference or video conference provider to cover hearings. The Court will administer the oath, or oaths are to be administered in accord with Chief Justice Canady's A.O.

  • Most hearings over 30 minutes, non-jury trials and jury trials will be held in the courtroom.

  • All Notices of Hearing and Orders Setting must include a version of Certificate of Good Faith to show proof of compliance with Local Rule 4. Any Notice of Hearing that does not include this language will have the hearing canceled.

  • All motion calendar hearings as well as special set hearing up to 30 minutes can be scheduled using the online services.

  • Please note that Division AG has made 15 minute and 30 minute special set timeslots available in September 2022. The Court will hold the parties to strict time limit as to the amount of time the hearing is set and noticed. Parties are limited to 1 time slot per day, per case, with 1 issue only being set.

  • PLEASE NOTE: The 15 minute Special Set hearing time available on Tuesdays, Wednesdays and Thursdays at 8:30 a.m., are limited to those case in compliance with the Case Management Plan. The case must be in compliance at the time of scheduling the hearing as well as at the time of the hearing. The first question the Court will ask of the parties before commencing the hearing will be of the case compliance status. If the case is not in compliance, the hearing WILL NOT go forward.

  • All hearings expected to exceed 30 minutes must be requested by motion and set on motion calendar(UMC).

  • All other procedures and requirements remain effective, including but not limited to compliance with Local Rule 4.

  • All papers upon which the parties intend to rely for their scheduled hearings must be filed with the court in advance of the hearing and submitted by regular mail, overnight mail or hand delivery to the court. The parties must submit all documents which they intend to reference during the hearing in sufficient time to have the materials at the received in Chambers NO LATER THAN 4 business days in advance of the hearing. Courtesy electronic copies do not replace the required hard copy of documents. the Judicial Assistant will NOT be printing documents for the parties unless otherwise ordered by the Judge. If the hard copy documents are not received on time, your hearing may be canceled.

  • If you have a valid reason why you cannot submit your document(s) by mail you may contact the court's Judicial Assistant, Lesley Restivo, at 561-355-3845 for direction.

  • For evidentiary hearings and non-jury trials, the parties should stipulate to the admissibility of evidence for which the admissibility is not reasonably contested. The parties shall provide copies of all intended exhibits, evidence or demonstratives to the Court by mail in advance of the hearing or trial.

 


As of January 28, 2020, division AG implemented the use of the 15th Judicial Circuit Online Services. Do not submit any orders in anticipation of a hearing. Orders should be submitted through Online Services, with a service list but without a date and signature line, as the orders will be signed and dated electronically and will be e-filed and e-served. If the order being submitted is regarding a hearing held in open court, the date of that hearing must be included in the first sentence of the order.

If a case is set for trial or calendar call any motion and order to withdraw as counsel must reference the trial or calendar call date. Trials cannot be continued by agreed order.

 

Uniform Motion Calendar (UMC)

Motion calendar hearings are held Monday through Thursday at 8:45 and are set through the online schedule system for bulk hearings.

Monday through Thursday, 8:45 a.m. - 9:30 a.m. Uniform Motion Calendar is scheduled through the online scheduling system. Do not use the special set hearing dates of 15 or 30 minutes for UMC hearings.  All UMC hearings are limited to 10 minutes (5 mins. per side). Only one motion/hearing per case may be scheduled per hearing day. Scheduling is between the parties. Do not call the JA for scheduling on UMC. The Court does not keep a docket.  Motions for Summary Judgment wherein the attorney in good faith feels the motion is unopposed or involves a lay Defendant in a collection matter can be set on the uniform motion calendar.

Please note that the Court will not entertain non case specific Motions in Limine.

 

Motions to Compel

Please segregate each interrogatory and production request with each response/objection immediately thereafter.

Specially set hearings of fifteen (15) and thirty (30) minutes are set ON-LINE and cannot be cancelled or continued by agreed order.

Please note the following prior to scheduling on-line:

The Motion must be filed with the Clerk prior to scheduling hearing. The date and time must be cleared with all parties prior to accepting the date on-line, and only one hearing per case per hearing day is allowed. A copy of the Notice of Hearing*, along with a courtesy copy of the Motion being scheduled (and, if a Motion to Dismiss, a copy of the operative Complaint) shall be forwarded to the Judge's office within five days of obtaining the hearing date, and must note the 5 rules listed below somewhere on the notice.**

BE CAREFUL! Once a hearing is scheduled on-line, the JA cannot cancel it, move it, add to it, etc., FOR ANY REASON (i.e., oops, my attorney forgot to tell me he would be on vacation; I e-mailed opposing counsel and never heard back so I assumed the date was okay, but now I find out it's not.). If any changes need to be made to a scheduled hearing, a MOTION MUST BE FILED and SET FOR HEARING ON UNIFORM MOTION CALENDAR.

Do not book a date for hearing unless it has been cleared with all counsel/parties.

Please note: An Order Setting Hearing is only required now if the matter being scheduled is a Final Hearing/Trial. For all other motions being scheduled, it is permissible (and preferrable) to submit a NOTICE OF HEARING. However, the Notice of Hearing MUST CONTAIN THE FOLLOWING LANGUAGE SOMEWHERE ON THE NOTICE:

1) The JA cannot cancel this hearing unless the issue is resolved;

2) No add-ons are permitted;

3) Any Memorandums submitted are limited to 10 double-spaced pages;

4) Any materials submitted are due at least 7 days prior to the hearing; and

5) The moving party is required to bring to the hearing a blank proposed Order with copies and envelopes. (These rules apply to special settings only - not UMC hearings.)

Also, if the hearing is an Evidenitary Hearing, same must be noted on the Notice, and all counsel must have agreed that the amount of time scheduled is appropriate.

Motions for Rehearing are not scheduled by the parties/attorneys. See local rules.

Only one hearing per case may be scheduled per hearing day.

*An Order Setting Hearing is required only if the matter being scheduled is a Final Hearing/Trial. Otherwise, a Notice of Hearing is permissible (and preferable).

If a hearing time of more than 30 minutes is being requested, file a Motion and set same for hearing on the Uniform Motion Calendar

The following procedures must be noted on all Special Set (not UMC) Notices of Hearing and Orders Setting Hearing in Division AG:

  1. The JA cannot cancel this hearing unless the issue is resolved.
  2. No add-ons are permitted.
  3. Any Memorandums submitted are limited to 10 double-spaced pages.
  4. Any materials submitted are due at least 7 days prior to the hearing.
  5. The moving party is required to bring to the hearing a blank proposed Order with copies and envelopes.

Memorandums of Law should be submitted with the Notice of Hearing or, if sent separately, denote the hearing date on the front page.

No post-hearing submittals will be accepted unless requested by the Court.

 

Proposed Orders/Final Judgments

All proposed Orders and Final Judgments submitted for the Judge's signature must say "Order on Motion (Title of Motion) or Final Judgment". All Orders/Final Judgments MUST be uploaded with cover letter and/ or supporting attachments through OLS, NOT via e-mail or U.S mail. This is a directive of the Supreme Court AOSC19-74 (Paper Orders are no longer accepted for signature by the Court).  

Please be sure to submit proposed orders electronically within 24 hrs. after the Court's ruling on the matter. The names and addresses of all persons receiving copies must appear in the Order or Final Judgment, pursuant to Administrative Order 2.306.

Do not submit Order prior to the hearing. All Orders must be submitted after the hearing.

Orders Submitted Following a Hearing

If the Court directs an attorney to prepare and submit an Order after a hearing, the Order must state the date the hearing was held. All parties must have reviewed the Order before it is submitted to the Court Online Services. Please include a cover letter (as a supporting document) stating that all parties have reviewed the Order and are in agreement with the form of the Order. If parties are not in agreement with the form of the Order, that must be noted in the cover letter to the Judge. Parties may submit competing Orders and the Judge will sign the Order which reflects the Court’s ruling.

Please note: Do not send duplicate Orders in the mail that have also been uploaded on the Online Scheduling System.

 

Settlement or Dismissal of Cases

If a case settles or is voluntarily dismissed and there are future hearings or a trial scheduled on the Court's docket, EMAIL the Judicial Assistant immediately at CAD-DivisionAG@pbcgov.org to inform her of same, to allow the Court to free up hearing/trial time for other cases. Of course, that notification must be followed up by necessary and appropriate formal paperwork. Submit Orders of Dismissal of Cases on the Online Scheduling System.

 

Depositions

In first party property damage cases the following protocol is expected.

Plaintiff's deposition shall be taken within 45 days after Defendant's answer has been filed. Defendant's field adjuster should be taken within 45 days after Defendant's and corporate representative deposition should be taken within 30 days following the field adjuster.

 

Notices of Trial

File the original Notice with the Clerk and send a copy to the Judicial Assistant. The court will only need self-addressed, stamped envelopes for all parties not represented by an attorney who have not designated an e-mail address for service.

 

Calendar Call

Division AG Calendar Call will be held via Zoom. Attendance at Calendar Call is required. No motions of any kind will be heard at the time of Calendar Call.


Foreclosure Cases

Trials

Notices of Foreclosure Trials must be filed with the Clerk's office. The Notice shall include the specific matters to be tried and an estimate of time needed for the trial. See Rule 1.440(b), Fla.R.Civ.Pro. The number of witnesses for each side should be included in the notice. See Rule 1.440(b), Fla.R.Civ.Pro. If there is an opposing counsel, counsels must confer as to the amount of time needed for trial. The agreement or lack of agreement as to the length of time shall be reflected on the Notice for Trial. Send a copy to the Judicial Assistant pursuant to the divisional instructions. The Judicial Assistant will forward all notices of trial requesting ninety (90) minutes or less to a case manager to issue a trial order for a docket to be heard by Senior Judges. Any requests for two hours or more shall be set for calendar call and heard by the Judge presiding in that division. Please review each trial order carefully. All motions for continuances of the trial shall be filed and noticed pursuant to the instructions on the Order Setting Trial prior to the trial date. Motions for Continuance will be heard in the division in which they are assigned. Senior Judges will not entertain motions for continuances on the day of trial.

All evidence for trial should be pre-marked.

 

Summary Judgment Hearings

Any Summary Judgment hearings that are contested and will take more than ten (10) minutes shall be set as a special set hearing in the assigned division and titled as a Contested Final Summary Judgment.

 

Fla.R.Civ.P. 1.510 as amended in May 2021 requires the Parties to cite particular parts of the record.  The rule further states the Court need not consider materials not cited, and the non-moving party must respond in writing. 

The Parties must each also provide a proposed order 10 DAYS PRIOR to the motion being heard.

Therefore after the parties comply with the Time to File a motion requirements of the rule, provide their hearing materials to the Court and submitted their proposed orders the motion can be set for a brief hearing.  The Court will be very prepared to conduct the required  hearing. The parties will be given 5 minutes per side during the UMC afterwards the Court will state on the record the reasons for granting or denying the motion.

IN THE ABSENCE OF EITHER PARTY, THE FAILURE TO APPEAR FOR A HEARING MAY RESULT IN THE COURT GRANTING OR DENYING THE MOTION FOR SUMMARY JUDGMENT

Once scheduled online (whether a Notice of Hearing has been issued or not), all summary judgment hearings must be cancelled by Court Order. YOU CAN NO LONGER CANCEL A SUMMARY JUDGMENT HEARING ONLINE.

To request a continuance or cancellation of a Summary Judgment hearing when 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 Canceling Summary Judgment hearing must reflect the date and time the matter is set for hearing. If there is an Agreed/Consent Final Summary Judgment, it should be entered on the Summary Judgment hearing date at the appropriate time.

Uncontested Summary Judgment

The following documents are required at an Uncontested Summary Judgment hearing:

  • Summary Judgment Foreclosure Checklist with adding machine tape attached
  • Notice of Hearing
  • Motion for Summary Judgment
  • Payment History
  • Affidavit of Indebtedness (including a loan payment history)
  • Affidavit of Attorney's Fees
  • Affidavit of Costs
  • Opposing affidavits (if any – see FRCP 1.510)
  • Original Note and Mortgage (or copies if already filed with the Clerk's office)
  • Final Judgment and Copies (tab the original for Judge's signature)
  • Final Disposition Form
  • If the Final Judgment is entered, the Clerk's office will need the Certificate of Title.

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. Notices of Sale may be emailed to the designated newspaper for publication. The original must be filed with the Clerk of Court. Notices should include sale date, billing information, signature of Plaintiff or Plaintiff's attorney, sale location (Palm Beach Clerk Auctions), time of sale (10:00 AM) and all other information as required by F.S. Section 45.031(2).

 

Motions for Disbursement of Surplus Funds

The party that filed the motion must set motions for Surplus Funds for hearing with notice to all parties. Sixty days from the issuance of the Certificate of Disbursement must elapse prior to any hearing being set. Any contested evidentiary hearings taking more than 10 minutes (five (5) minutes each side) should be set for a special set hearing, otherwise most Motions for Surplus can be scheduled for Uniform Motion Calendar pursuant to the divisional instructions.

 

Motions for Writ of Possession

All motions for Writ of Possession (to vacate premises) must be set at Uniform Motion Calendar with proof of proper and timely notice to all parties, including unknown tenants. Tenants who receive a Notice of Hearing for a Writ of Possession have the right to be present at the hearing and must attend if they are seeking an extension.