I. Uniform Motion Calendar
Uniform Motion Calendar ("UMC") hearings are held Tuesday, Wednesday and Thursday at 8:30 A.M. and are set on the Online Scheduling System through Online Services. UMC is held via Zoom, and when scheduling the hearing a Zoom link will be included in the hearing confirmation. Scheduling is between the parties. Please do not call the Judicial Assistant to schedule or cancel a UMC hearing.
UMC is strictly for non-evidentiary motions which can be heard in a total of 10 minutes (5 minutes per side). Motions for attorney's fees, summary judgment, and any evidentiary matters are NOT appropriate for UMC and should be specially set for hearing. Please Note: Default Final Judgments and uncontested Motions for Summary Judgment may be set on the Uniform Motion Calendar.
Attorneys/pro se parties must first file a motion with the Clerk's office and give opposing side(s) at least five (5) business days' notice (unless the parties have agreed to the short notice). Attorneys should always attempt to clear a date chosen with opposing counsel. Mandatory compliance with Local Rule #4 is strictly enforced. Attorneys are required to "make reasonable efforts to actually speak to one another and engage in reasonable compromises to resolve or narrow the disputes before seeking court intervention." Prior to scheduling, the “attorney noticing the motion shall attempt to resolve the matter and shall certify to the Court the good faith attempt to resolve.”
The Court reviews all motions prior to the hearing. A copy of the Notice of Hearing and the motion or other pertinent pleading must be sent to chambers at least three (3) days in advance, via regular U.S. mail, express mail or delivered via courier. Per security protocols, submissions delivered via courier must be placed in the black box designated for judicial deliveries on the first floor of the courthouse.
Cancellation of UMC Hearings
To cancel a hearing scheduled for UMC, the scheduling attorney's office must file a Notice of Cancellation. In addition, that attorney's office must log in to the 15th Judicial Circuit's Online Services, go to the UMC scheduling page (i.e., as if you were setting the hearing), and there will be an option to cancel it. If you receive a message that you are unable to cancel the hearing, you are in the wrong place. Please go back and follow the instructions above.
II. Specially Set Hearings
Specially Set Hearings are available in blocks of 15 and 30 minutes and must be scheduled via the Division AI online calendar through the Online Scheduling System through Online Services. Prior to scheduling a special set hearing online, you must (1) clear the hearing date and time with ALL parties, and (2) have previously filed your motion.
Important Note: For special set hearings, parties now have the option to appear in person in the courtroom or via Zoom. The order specially setting the hearing will contain a Zoom link in the event that one or both parties wish to appear remotely.
Orders Specially Setting Hearings
All specially set hearings are set by Court Order (not by Notice of Hearing) and cannot be canceled except by further Court Order, unless the matter is settled (with an agreed order submitted to the Court), or the motion is withdrawn (with a copy of the notice of withdrawal furnished to the Court). Any opposed motions for cancellation or continuance of a specially set hearing must be set on UMC. Once the date is scheduled on the online system, a proposed order will be generated automatically, which will include a Zoom link. You must include a copy of the motion as a supporting document.
Materials in Support of Specially Set Matters
A copy of the motion, memorandum of law and case law must be sent directly to Judge Curley, via U.S. mail, express mail or hand-delivered to the judicial drop box on the main floor of the courthouse, no later than five (5) days in advance of the scheduled hearing. Those portions of case law and documents to be considered by the Court should be appropriately tabbed and highlighted. Absent permission, the Court WILL NOT accept any courtesy copies of the foregoing via email. Any memorandum or materials provided to the Court shall be simultaneously sent to the opposing party.
Specially Set Motions Requiring Additional Time
If a case has multiple motions or if any of the parties believe that the hearing will take longer than 30 minutes, the moving party shall email a courtesy copy of the motion(s) with a cover letter to the Court indicating how much time is requested. Judge Curley will review the motion(s) and determine how much time will be allotted. Please be advised that lengthy motions or matters requiring an evidentiary hearing in excess of two hours will be placed on a non-jury trial docket with a calendar call date.
III. Submission of Orders
If a Motion is resolved prior to hearing, an Agreed Order must be submitted to the Court via Online Services. The Order must say "Agreed Order on (Title of Motion)." Please include a cover letter (as a supporting document) to the Judge indicating that all parties have reviewed and agreed to the language of the proposed Agreed Order. The names, email and mailing addresses of all persons receiving copies must appear in the Agreed Order, pursuant to Administrative Order 2.306. Documents submitted which require service to a pro se party must indicate that the moving party is required to furnish the order via US Mail.
Please note: Do not send duplicate Orders in the mail that have also been uploaded on the Online Scheduling System.
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 through 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 that reflects the Court’s ruling.
E-Service for Proposed Orders
Division AI electronically serves orders to attorneys/parties that have registered their primary and secondary e-mail addresses with the 15th Circuit. Please ensure that you have registered with Online Services. NOTE: THE FILING OF A "NOTICE OF E-MAIL DESIGNATION DOES NOT REGISTER YOU FOR JUDICIAL E-SERVICE. YOU MUST REGISTER WITH THE 15TH CIRCUIT'S ONLINE SERVICES.
Documents submitted which require service to a pro se party must indicate that the moving party is required to furnish the order via US Mail.
IV. Updated Information Regarding Appearance by Zoom
As a result of the COVID-19 pandemic, until further notice UMC hearings are being conducted remotely using the Zoom platform. When scheduling a UMC hearing on the Online Scheduling System, the hearing confirmation will include a Zoom link. For special set hearings of 15 and 30 minutes, lengthy evidentiary hearings, and non-jury trials, parties have the option to appear in person in the courtroom or remotely via Zoom.
Jury trials (including court-ordered pretrial case management conferences and jury selection) are conducted in person; however, witnesses may appear remotely via Zoom.
V. Stipulations for Substitution of Counsel
Stipulations for substitution of counsel must comply with Fla. R. Jud. Admin 2.505(e). The written consent of the client must be included. Submit the Order for signature by the Judge via the Online Scheduling System and attach a copy of the signed stipulation and written client consent.
VI. Withdrawal of Counsel
All Motions to Withdraw must be set for a UMC hearing, with proper notice to the client, in accordance with Fla. R. Jud. Admin. 2.505(f)(i), and all parties/attorneys.
VII. Ex-Parte Motions to Compel Discovery
No hearing is necessary if the Motion is in compliance with Administrative Order 3.202. The moving attorney must submit the order for signature by the Judge and a copy of the motion as an attachment via the Online Scheduling System.
VIII. 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, please immediately send an email notification to CAD-DivisionAI@pbcgov.org to allow the Court to free up valuable 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 through Online Services.
IX. Requests for Emergency Hearing
Pursuant to Administrative Order 3.206, Judge Curley will decide whether the reasons set forth in a motion for emergency hearing constitute an emergency. If the Judge determines that the motion does allege a bona fide emergency, he will take whatever action he deems appropriate, including entry of an ex-parte order if permissible and warranted under the law.
X. Notices to Set Cause for Trial
The original notice must be filed with the Clerk. The notice should include the name, telephone number, mailing address and email address of each lawyer or self-represented party in the case. If all parties are registered for E-service, it is not necessary to mail a notice of trial with envelopes to the Judge’s office. However, please provide a notice for trial with envelopes for any parties that are self-represented and are not registered for E-service.
Do not call the judicial assistant to inquire when the trial will be set. Jury and non-jury dockets are 8 weeks long and the docket call will be approximately 10 days prior to the first day of the trial docket. Judge Curley may conduct trials on Mondays through Fridays; however, you may be called to trial before an alternate judge.
Prior to calendar call, counsel must have: (1) participated in mediation, (2) held a pretrial conference, (3) exchanged exhibit and witness lists, (4) agreed on the length of time the trial will take, including jury selection where applicable, (5) agreed on time periods during the upcoming trial docket when all counsel are available, (6) filed the pretrial stipulation, (7) collaborated on proposed jury instructions, providing trial clerk with a single copy, noting the parties differences, if any, on any specific provision, (8) pre-marked the exhibits in accordance with instructions of the clerk and comptroller, and (9) scheduled for hearing prior to trial any motion in limine or other pretrial motion.
XI. Rehearing or Relief-from-Judgment Motions
Post-judgment rehearing or relief motions, including motions for rehearing/reconsideration, motions for clarification, and motions for new trial, may not be set for hearing online. File the original with the Clerk and provide a copy with supporting authority via U.S. mail for review by Judge Curley.
XII. Mandatory Compliance with Administrative Order 3.204-9/08 & Local Rule No. 3
All orders for dismissal, final judgments (summary, default or consent), amended final judgments, notices of voluntary dismissals, orders vacating final judgments, orders granting motion to amend final judgment, and any other closing documents must be in compliance with Supreme Court Order no. SC13-2384 amendments to Florida rule of judicial administration 2.520 requiring a 3 x 3 inch available space in the right upper hand corner; one inch margin on all sides of documents; and pages must be consecutively numbered.
XIII. Mandatory Compliance with Local Rule No. 4
The Court expects strict compliance with Local Rule 4.
Prior to setting a matter for hearing, the party or attorney noticing the motion/matter shall attempt to resolve the matter and shall certify the good faith attempt to resolve. All notices of hearing for matters scheduled for hearing shall set forth directly above the signature block, the below certifications without modification and shall designate with a check mark or other marking the specific certification which applies:
Counsel has conferred with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised.
Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so.