IA Divisional Instructions

Guardianship Notice of Delinquency and Contempt Hearing scheduled for July 29, 2022 at 10 a.m. Zoom Information

Topic: FRIDAY- DIV ID:  Guardianship CONTEMPT HEARINGS
Time: This is a recurring meeting Meet anytime

Join Zoom Meeting
https://us02web.zoom.us/j/82388343769?pwd=T09GeG90TU9tbUJaaUVQWGIrWlpQdz09

Meeting ID: 823 8834 3769
Passcode: 110529

One tap mobile
+19292056099,,82388343769#,,,,*110529# US (New York)
+13017158592,,82388343769#,,,,*110529# US (Washington DC)

Dial by your location
        +1 929 205 6099 US (New York)
        +1 301 715 8592 US (Washington DC)
        +1 312 626 6799 US (Chicago)
        +1 646 931 3860 US
        +1 669 900 6833 US (San Jose)
        +1 253 215 8782 US (Tacoma)
        +1 346 248 7799 US (Houston)
        +1 669 444 9171 US
        888 475 4499 US Toll-free
        877 853 5257 US Toll-free
Meeting ID: 823 8834 3769
Passcode: 110529
Find your local number: https://us02web.zoom.us/u/kbXWAkU4Wb

Join by SIP
82388343769@zoomcrc.com

 

DNR Suggestion- Should be filed as "EMERGENCY" Petition

Fla. Stat. 744.441(2) says: “the court must hold a preliminary hearing within 72 hours after the petition is filed, and:

  1. Rule on the relief requested immediately after the preliminary hearing; or
  2. Conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule”

All Agreed Orders and Proposed Orders shall be submitted through the Online Services System (OLS) and attached a Cover Letter indicating that all parties are in agreement of the Order submitted. 

Probate Update: *Notary requirements for waivers, consents and receipts are mandatory.   Disclaimers and Affidavit of Heirs also require a notary. 

NOTICE: DO NOT CUT AND PASTE ANY NOTARY STAMP AND/OR  SIGNATURE TO AN AMENDED DOCUMENT- THIS WILL NOT BE TOLERATED BY THE COURT 

UPDATE for Uniform Motion Calendar:

All Uniform Motion Calendar hearings will be conducted remotely.  No one will be present in the courtroom. This rule applies to pro se litigants and court reporters as well as attorneys.  In addition, only hearings that have been scheduled on the Online Scheduling System will go forward. 

Future notices of hearing must state that the hearing will be conducted via Zoom. This information must be included in your notice of hearing.  When joining the Zoom meeting please join with a personal link name.   All counsel please instruct your clients on how to join with a personal link name .

Zoom Meeting Information for UMC Docket

UMC hearings are held Tuesday, Wednesday and Thursday, 9:00 a.m. - 10:00 a.m.

Link to Zoom Meeting

Meeting ID: 854 1291 7208
Password: 651735

Non-evidentiary Hearings:

The parties are encouraged to submit their motions, responses, affidavits, etc., to the Court that they mutually agree the Court may address based solely upon the papers, and thereby waive oral argument.  All such requests should be mailed to Chambers.  Each side should prepare a proposed order to be submitted through the Online Services System (OLS) with notation that it is related to a disputed issue which the parties have agreed for the Court to review without a hearing.

Evidentiary Hearings:

The Court intends to handle evidentiary hearings by telephone or video whenever possible, however, this requires the highest level of professionalism and cooperation between opposing counsel and the parties.  No less than 72 hours prior to each hearing, the parties must exchange all proposed exhibits which they intend to reference during the hearing by email in .pdf format.  Each proposed exhibit must be pre-marked for identification to identify the exhibits numerically. 

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 e-evidence portal, no less than 72 hours in advance. 

For All Hearings:

All pleadings upon which the parties intend to rely for their scheduled hearings must be filed with the Court in advance of the hearing.  If the papers do not appear on the docket, the parties must submit all documents which they intend to reference during the hearing 48 hours in advance by providing hard copies by mail or Main Courthouse Drop Box.

UPDATE for Probate Ex-Parte Hearings:

Physical hearings for probate ex-parte have been suspended until further notice.  Counsel and parties seeking ex-parte relief should continue to submit documents to the Court via Online Services System (OLS) along with proposed orders.  The case will be reviewed in the order in which it is received. For expedited review, MUST submit a completed and correct Probate Checklist .


Probate

Ex-Parte/Uniform Motion Calendar/Special Set & Trial Instructions for Probate/Guardianship

Probate UMC & Ex-Parte Calendar:

IMPORTANT UPDATES:

A Restricted Depository is necessary for guardianship cases involving property/assets.

The Fifteenth Circuit has launched a new ex-parte calendaring app that will serve all probate divisions in South County, North County and West Palm Beach

Prior to first use, users must create an account in the Court's Online Services (current users can use their existing account).

The ex-parte calendaring application can also be accessed by clicking the following link for our Online Scheduling System through Online Services or by visiting www.15thcircuit and selecting "View All Web Applications" from within the Circuit Web Applications box"

Uniform Motion Calendar (UMC) is held on Tuesdays, Wednesdays, and Thursdays from 9:00 a.m. - 10:00 a.m. The hearings are not scheduled with the Judicial Assistant. The hearings are scheduled online using the UMC Online Scheduling Program. Accordingly, please send a courtesy copy of the motion and notice of hearing for all UMC matters, containing the name and docket number of your motion, by mail or Main Courthouse Dropbox. Judge Johnson will review all motions prior to the hearing.

Please send all proposed orders and judgments through the Online Scheduling System, and all courtesy copies of motions for special set hearings, memorandums, and case authority to be mailed to Chambers or Dropped in the Main Courthouse Dropbox.

If you resolve your motion prior to the hearing date, please contact the Judicial Assistant and advise as quickly as possible or send an email to CAD-DivisionIA@pbcgov.org.

All waivers, consents, renunciations and receipts of assets must be notarized.


Examples of Ex-Parte Matters:

Ex-Parte

  • Petition to Authorize Sale
  • Petition to Extend Time
  • Petition to Determine Heirs (Uncontested)
  • Petition to Strike Claims ( Uncontested)
  • Petition to Determine Homestead or Exempt Property
  • Elective Share (Uncontested)
  • Petition for Distribution
  • Petition to Appoint Administrator ad Litem/Curator

Matters brought before the court must be noticed 5 days prior to the hearing for in-state residence and 10 days for out-of-state residence. The Notice of Hearing must be e-filed and a courtesy copy sent to the Judicial Assistant by mail or dropped in the Main Courthouse Dropbox.

The following motions WILL NOT be heard at Ex-Parte or UMC:

  • Petition for Attorney, Guardian or Personal Representative Fees
  • Petition to Approve Minor's Settlement
  • Personal Representative or Guardian Discharge (Petition to Discharge)
  • Appointment of Emergency Temporary Guardian
  • Disposition of Personal Property Without Administration
  • All Evidentiary Hearings
  • Petitions for Summary Administration
  • Petition for Letters of Administration

Attorney/Guardian Fees

The Court must consider certain criteria's defined in FL 744.108 when reviewing attorney and Guardian fees: therefore, effective immediately, all fee petitions shall include the nature and value of the wards assets at  the time of filing ,the monthly income earned and the monthly expenses of the ward.

Proposed Orders

IA DIVISION CASES - All Proposed Orders shall be submitted via Online Scheduling System with a cover letter and motion/petition attached.  

For Attorney/Guardian fees in Guardianship matters, the Court must consider certain criteria set forth in FL 744.108 when reviewing fees.  Therefore, effective immediately, all fee petitions shall include the nature and value of the guardianship's assets at  the time of filing, the monthly income earned and the monthly expenses of the ward.

How Does It Work?

To Submit an Order:

As an example, below are the steps to submit an Order for Estate Summary Administration:

  • Log into the 15th Circuit's OLS;
  • In OLS, create the appropriate order one of three ways:
    1. Click on the "Submit Order From Template" button;
      • Select the Generic Order template, and type in the text of your order; or
    2. If you have previously drafted the order in Word offline, cut and paste the order text into the body of the Generic Order template.
      • Follow the instructions on the screen and complete.
      • Click "Submit" to send the order to the judge.
    3. In OLS, click the "Submit Proposed Order" button;
      • Browse your computer and select, then upload the order;
      • Review the document and make any format adjustments necessary prior to submission.
      • Follow the instructions on the screen to submit the order to the court.

To Submit a Digital Probate Checklist:

  • In OLS, click on the "Submit Order From Template" button;
  • Select the appropriate probate checklist from the dropdown menu.
  • Populate the checklist completely and accurately.
  • Follow the instructions on the screen and complete.
  • Click "Submit" to send the order to the judge.

We realize that the current paper process can cause delays in processing these orders, which impacts families at the worst time when they are dealing with the death of a loved one. Digital Checklists are intended to expedite the receiving, processing, filing and service of these orders.

For additional information on court provided digital training resources visit the Circuit's YouTube channel, CourtHelp4U.

You may also send an e-mail to CAD-WEB@pbcgov.org for assistance with submitting document onto the OLS

Specially Set Hearings

Special Set Hearings are scheduled by e-mail request  to the Judicial Assistant.

Probate cases please use cad-divisionia@pbcgov.org

When submitting a request:

The Moving Party shall email the divisional email and cc: all Parties on the case, ONCE, with the following information:

1. Name of the Case and Case number on the Subject line

2.  The Body of the email:

       List of the Title of the Motion(s) , date filed and docket number, requesting the hearing for

3. TOTAL time requesting for the motion

The Judicial Assistant will review your request and provide parties with dates and times the Court is available. Please DO NOT send multiple e-mails with the same request.

Motions may not be added to the time and date given.

If parties wish to hear related motions together, then an email must be sent to the Judicial Assistant with the same information requesting, indicated above, by ONE designated party and copied to ALL parties. The Judicial Assistant will review and will provide available date and times to make sure all Motions are heard by the Court in one date.

Please DO NOT send multiple e-mails with the same request.

For Special Set Hearings lasting more than 30 minutes, please mail a cover letter specifying the amount of time requested, a courtesy copy of the pleading, and any dates of unavailability. 

You CANNOT cancel a Special Set hearing once the hearing date and time has been secured. The ONLY way a special set hearing can be cancelled (absent an extreme emergency) is if the Motion has been RESOLVED and/or WITHDRAWN with Prejudice. The judicial assistant may cancel a special set hearing ONLY after the appropriate motions for continuation/ cancellation have been heard and Orders have been entered by the Court. If the special set motion has been resolved and/or withdrawn with prejudice, then you MUST E-MAIL the judicial assistant and request to cancel the special set hearing.

Local Rule 4

Strict compliance with amended Local Rule 4. Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. See amended Local Rule 4.

Self-Represented Parties (Pro Se)

If you are a self-represented pro se party (with no attorney), please contact the Probate Manager at 561-355-3954, for questions and guidance regarding your case.

To receive and serve court documents by email, please review Administrative Order 2.310 and complete and file a Notice of Designation of Email Address for E-Service.

Do Not Send Letters, Emails or Notes To The Court. The Court does not act on letters, notes or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court. All documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.

Fingerprinting-Electronic Only and Credit Reports for All Guardians

Prior to the appointment of a Guardian, all proposed guardians are required to submit to a Level 2 criminal background check and a credit report as required by Florida Statue 744.3135.

Professional guardians: if you are not currently in the clerk's database, you must also comply. Once in the database the records remain valid on file for two (2) years.

VISIT the FLORIDA DEPARTMENT OF LAW ENFORCEMENT WEBSITE FOR THE ENTIRE LIST OF LIVESCAN SERVICE PROVIDERS TO HAVE FINGERPRINT AND CRIMINAL CHECK DONE. Palm Beach Sheriff Department is another option for in state guardians, see special instructions for out of state guardians below.

You will need this ORI number for electronic transmission to the clerk: FL050063Z - professional guardians, FL050064Z- non professional guardians.

ALL FEES MUST BE VERIFIED WITH THE SHERIFF'S DEPARTMENT

FINGERPRINTING – Palm Beach County Sheriff's Departments:

14925 Cumberland Drive
Delray Beach, FL 33446
Tel.# 561-688-4760 or 561-688-4777

11498 Okeechobee Blvd.
Royal Palm Beach, FL 33411
Tel.# 561-790-5180 or 561-904-8290

1937 Q North Military Trail
West Palm Beach, FL 33409
Tel.# 561-688-3838 or 561-688-3839