RE Divisional Instructions

(Updated July 1, 2022)

Effective June 21, 2021 until further notice:

The following Court events are held by Zoom:

  • UMC hearings (10 min. or less)
  • Special set, non-evidentiary hearings 30 minutes or less
  • Case Management Conferences

The following Court events are held in person:

  • Evidentiary hearings
  • Special set hearings longer than 30 minutes
  • Trials and final hearings
  • Evictions
  • Pre-trial conferences
  • Calendar call (unless otherwise ordered in Order Setting Trial)*
  • Claims of exemption

    *Parties may only appear by Zoom for these proceedings upon motion and order. Please do not call or email the Judicial Assistant about Zoom without reading these instructions. If all parties agree, please 1) file an agreed motion citing the circumstance that requires Zoom appearance; and 2) upload a proposed order in sufficient time before the hearing.

When in doubt, to avoid confusion, please adhere to the most recent Notice of Hearing from the moving party or the Court.

Persons interested in listening to the Court events may contact the Court's Public Information Office, Debra Oats, at 561-355-4495 or 561-644-0054 to obtain an access line.

Table of Contents

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I. Proposed Orders

  1. All Proposed Orders must be submitted through Online Services (OLS). The Court is unable to accept paper orders.
  2. Select the applicable date of hearing under "scheduled event."
  3. Please "preview" the proposed order to ensure it is formatted correctly. Using macros, columns, or paragraph tabs is not compatible with the OLS system; please remove all special formatting when submitting.
  4. Any affidavits or supporting documents for the Court to review must be e-filed with the Clerk and then submitted as attachments to the order, as filings take up to 3 days to appear on the docket. (Or, submit the judgment after the supporting document(s) appear on the docket).
  5. Agreed orders: please indicate the order is agreed in the title and body of the order.
  6. Any motion that has not been expressly agreed to by the opposing party requires a hearing to be set and noticed by the moving party. Except for default or ex parte motions allowed by rule, the Court will not enter proposed orders without a hearing or agreement of the parties.
  7. Please do not upload a proposed order unless one of the following is met: 1) it is agreed; 2) the hearing has already occurred; or 3) it is proper to be considered ex parte. Proposed orders not in compliance will not be considered.
  8. Envelopes must be delivered to the Court for mailing to any pro se parties.

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II. Settlements

Parties shall either file a voluntary dismissal or must upload a proposed order approving settlement and dismissing the action, in order for the settlement to be approved and the case closed.

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III. Hearings

  1. Online Scheduling through Online Services(OLS)

    Please note: Use of the online scheduling system requires a user ID and password. This can be obtained by going to Online Scheduling System and clicking on "Register a New User" to create an account.

    Online Services

    After confirming your hearing online, the Zoom link will be provided. The moving party shall provide notice of the Zoom information to all parties in the notice of hearing.

  2. Cancellations

    Please cancel your hearing online to open a spot for other parties. If your cancellation is within forty-eight (48) hours of the hearing, please email a courtesy copy of your Notice of Cancellation to CAD-DivisionRE@pbcgov.org.

  3. UMC's

    UMC Hearings are scheduled through Online Services as follows:

    1. Mondays at 8:45 a.m. and 1:30 p.m.
    2. Tuesdays and Wednesdays at 8:45 a.m.

    UMC is strictly for non-evidentiary motions which can be heard in a total of 10 minutes (5 minutes per side). Fees hearings, contested 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. Permission of the Court is not required to set UMC's.

    Mandatory compliance with Local Rule No. 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.”

    Courtesy copies:

    The Court reviews all motions and supporting materials prior to the hearing. Please note that it takes up to three (3) days for filings to appear on the docket. Accordingly, at least three (3) business days in advance of the hearing, the parties shall submit courtesy copies of all relevant materials through e-courtesy on Online Scheduling (OLS).

    Cancellations:

    To cancel a hearing scheduled for UMC, login to Online Services and use Online Scheduling, select "Uniform Motion Calendar Scheduling" then select "Cancel Hearing" and follow the directions on the screen.

    PLEASE BE CONSIDERATE AND CANCEL ONLINE ANY HEARING THAT IS NO LONGER NEEDED OR RESOLVED PRIOR TO THE HEARING DATE SO THAT OTHERS MAY SCHEDULE THEIR MOTIONS.

  4. Special Set Hearings

    Special Set hearings are available for 15 minute and 30 minute blocks of time through Online Scheduling via Online Services. The Court will open dates approximately 60 days in advance.

    Any party may unilaterally set a hearing only if the opposing party does not respond after a good faith effort has been made in accordance with Local Rule No. 4.

    Courtesy copies:

    The Court reviews all motions and supporting materials prior to the hearing. Please note that it takes up to three (3) days for filings to appear on the docket. Accordingly, at least three (3) business days in advance of the hearing, the parties shall submit courtesy copies of all relevant materials to Chambers as follows:

    Option 1: mail or hand-deliver a printed courtesy copy of your Motion or Opposition, Notice of Hearing, exhibits, and relevant case law to Chambers. 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.

    Option 2: parties may submit courtesy copies through e-courtesy on Online Scheduling (OLS). However, please submit all of your materials as one combined PDF with bookmarks (e-binder) if you are submitting numerous filings and/or case law. (When combining PDF's in Adobe, click "options" which will allow you to automatically create bookmarks using the file name of each PDF you are combining).

    Cancellations

    In order to cancel a Special Set Hearing, a Notice of Cancellation must be filed with the Clerk and a copy e-mailed to the Judicial Assistant (CAD-DivisionRE@pbcgov.org). Also, the Notice MUST note the reason for cancellation.

  5. Hearings Requiring More than Thirty (30) Minutes

    For hearings requiring more than thirty (30) minutes, a scheduling request must be sent to CAD-DivisionRE@pbcgov.org. Prior to setting the hearing date and time, please make sure that ALL Motion(s) are filed and docketed with the Clerk of Court.

    A courtesy copy of the Motion or Opposition, Notice of Hearing, exhibits, and relevant case law must be mailed/hand-delivered and received by Chambers at least five (5) business days in advance of the hearing. *Alternatively, parties may submit courtesy copies through e-courtesy on Online Scheduling (OLS). However, please submit all of your materials as one combined PDF with bookmarks (e-binder) if you are submitting numerous filings and/or case law.

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IV. Landlord/Tenant Cases

Evictions: all Plaintiffs/Landlords must file a motion requesting any relief or judgment, prior to submitting a proposed order or judgment. Final judgments will not be granted without a motion on file with the Clerk. Please attach a stamped e-filed copy of the motion when uploading a proposed order, as filings take up to 3 days to appear on the docket.

Final hearings with mediation are heard on Thursday mornings. These cases are set by the Court when the Court determines that mediation is necessary. Mediators will be available at no charge to the parties.

For final hearings or other motions not set by the Court, the moving party shall schedule the hearing online through OLS (special set hearing only).

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V. Personal Injury Protection (PIP) cases:

All PIP matters shall follow the procedures for hearings as outlined herein.

PIP pre-trials are scheduled for 8:45 am on Thursday mornings. Currently, PIP pre-trials are automatically set by the Clerk for in-person appearance.

Any stipulation to invoke the rules and waive the pre-trial must be filed with the Clerk and a proposed order uploaded to the Court in the format found on the Forms and Orders page titled "Order Invoking the Rules of Civil Procedure," at least three (3) days prior to pre-trial. Pre-trial is not waived unless the Court has signed the Order. If granted, jury trial will be automatically set with a combined case management order. Accordingly, the parties do not need to submit agreed case management plans for small claims PIP cases.  

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VI. Small Claims Pre-trials

Pre-trial Conferences for Small Claims are set every Thursday at 9:00, 9:30 or 10:00 a.m. All small claims must go to mediation and mediators are provided. If not resolved, the case will be set for trial.

Pre-trial Conferences are held in person. Only served cases will be called. All non-served cases will be continued pending service. It is the parties' responsibility to determine whether service has been effected when deciding whether appearance is necessary.

Any stipulation to invoke the rules and waive the pre-trial must be filed with the Clerk and a proposed order uploaded to the Court in the format found on the Forms and Orders page titled "Order Invoking the Rules of Civil Procedure," at least three (3) days prior to pre-trial. Pre-trial is not waived unless the Court has signed the Order. If granted, trial will be automatically set with a combined case management order. Accordingly, the parties do not need to submit agreed case management plans for small claims cases.  

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VII. Motions for Attorney's Fees:

The Court utilizes a preliminary order with instructions to be followed in advance of the hearing. All Motions for Attorney's Fees and/or Costs shall attach a document detailing the time records and requested rate(s).

The moving party shall request a hearing date by contacting the Judicial Assistant by email at CAD-DivisionRE@pbcgov.org.

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VIII. Trials

Trials are set by the Judicial Assistant upon request or upon the filing of a Notice for Trial once the case is at issue. An Order Setting Trial will be sent to both parties regarding mediation and uniform pretrial procedures. Any party who has not received an Order Setting Trial within seven (7) days of request or notice should email the Judicial Assistant or set a UMC status hearing on readiness for trial. Jury Trials will be set for a Mandatory Calendar Call/Case Management Conference.

If the case settles prior to the Trial date please notify the Court as soon as possible by emailing CAD-DivisionRE@pbcgov.org. A written confirmation of the settlement agreement must be filed/uploaded with the Court with a copy to opposing party.

Cases set for calendar call CANNOT be continued with an Agreed Order. Any motions for continuance must be filed and set by the moving party in advance of the calendar call date.

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IX. Communications with the Court

ALL COMMUNICATIONS WITH THE COURT MUST BE IN WRITING, filed with the Clerk and copied to all parties in the lawsuit. Be sure to include the case number, case name, and your telephone number, the reason for said correspondence or documents being sent and, if the case is scheduled for a hearing or trial, include the date and time. Otherwise we will be unable to process your request.

*Important Information*

Please do not email the Judicial Assistant about substantive court matters. All court proceedings must be heard in open court, with notice to the opposing party. Further, for scheduling and administrative matters, all parties must be copied on all communications with the Court.

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