Reader Note: Please be advised that the reader of these pages should scroll down the entire page to ensure that he/she has reviewed all of the instructions indeed as it may appear on the front to only contain a minimum passage when actually there is more to the page than meets the initial viewing upon uploading these web pages. Also, please note bookmarks/hyperlinks located at the bottom right of each of the Judges' pages with additional information to view. Visit Division AD Instructions
IMPORTANT NOTICES
The hurricane season (in the Atlantic) is a period that typically runs from June 1 through November 1 (and may continue through November 30, 2022). Therefore, during the season, please be reminded of the Court's emergency hotline (561) 355-6744 to call for any updates issued as to court closures and the like.
Judge Goodman does not accept "E-Courtesy" of materials
- Materials less than 10 pages may be accepted via the division email at CAD-DivisionAD@pbcgov.org When submitting materials via electronic mail, please include the date and time of the hearing and/or the related matter to which the materials are intended to support.
- Materials in excess of 10 pages shall be submitted by U.S. Mail; or by courier service to the main courthouse to be deposited in the "Judges' Box" located on the first floor/main lobby of the Main Courthouse. When submitting materials to the Court, please include a cover sheet stating the date and time of the hearing (or matter) and mark accordingly. Case law and legal authorities must be tabbed with pertinent sections highlighted.
- Exhibits shall be clearly marked by a number label on the top right hand corner of the front of each exhibit, clearly identifying the case number and party prior to the hearing.
- Affidavits, verified pleadings, and other sworn documents submitted to the Court by mail or at a hearing must be original documents with original signatures. Documents that are related to hearings that are scheduled online must be timely filed and provided to the Court well in advance of the schedule hearing date.
Calendar Call: Calendar Call is conducted by the submission of a complete E-Calendar Call Form at the scheduled date of e-Calendar Call. At the scheduled date of Calendar Call, counsel/ parties shall confer, complete and submit one joint E-Calendar Call Form no later than the scheduled date of Calendar Call.
Changes to Redaction of Confidential Information Now in Effect
FYI: As of July 1, 2021 all filers of circuit civil, county civil and small claims court documents are now solely responsible for ensuring that confidential information is redacted or is identified for redaction. See the Florida Supreme Court amended Rule 2.420. See also Changes to Redaction of Confidential Information Now in Effect
E-Service Option for Service by Email
The Court sends copies of Court Orders (entered in your case) to the registered counsel/ parties of record at their designated and registered email addresses through the Court's online services. Unrepresented parties may be sent copies by U.S. Mail; however, self-addressed stamped envelopes for these unregistered parties should be provided by counsel and/or the pro se litigant submitting their proposed orders; in order to ensure the correct mailing address of and receipt by these persons (whose full name and mailing address shall also be included within the service list of the order). All parties are responsible for updating their email and mailing addresses with the Court; whether through the Clerk of Court and/or, if registered for e-service, through the Circuit Court's online services system. Unregistered parties, including pro se litigants, are encouraged to ensure that their mailing address is current in the court file, and those who have access to email are encouraged to consider an email designation to receive copies by email. Unregistered parties, including pro se litigants, may fill out and file with the Clerk the appropriate email designation form to select this option, which option may avoid any delay in receipt of these copies by U.S. mail. See Administrative Order 2.310 (Service by Email). See also our Court Technology Page
Circuit Civil Division AD Update:
All hearings scheduled in Circuit Civil Division AD are held in COURTROOM 9B
Uniform Motion Calendar Hearings in Division AD are held remotely via Zoom
When scheduling a Uniform Motion Calendar hearing through the Court's online services system or otherwise, counsel/parties shall include the following zoom instructions in the Notice of Hearing for all parties to be properly noticed of the following remote access instructions to join the Uniform Motion Calendar in this Circuit Civil Division AD:
Meeting Passcode: 191445
- US Toll-free 877-853-5257
- US Toll-free 888-475-4499
- Uniform Motion Calendar hearings are held remotely via zoom. Upon reserving your Uniform Motion Calendar hearing via the Court's online services system, a confirmation sheet will be generated with remote instructions via zoom. These remote instructions via zoom shall be included in the Notice of Hearing.
- UNIFORM MOTION CALENDAR: All UMC hearings are conducted remotely using zoom technology unless litigants request otherwise.
- A link to the zoom Meeting will be included within the hearing details online when the Uniform Motion Calendar hearing is scheduled online by registered users using the Court's online services system. Upon entering the Uniform Motion Calendar/ ZOOM meeting, please mute your audio (located at the bottom of your ZOOM screen) until your case is called by the Judge (at which time you will unmute your audio). All counsel/parties who scheduled their hearing on the Uniform Motion Calendar through the Court's online services system will be in attendance and will be waiting for their case to be called in the ordinary course of Uniform Motion Calendar. For further information on how to join ZOOM, you may view the following brief instructions. If any of the parties request that their Uniform Motion Calendar hearing be held otherwise, the parties shall send an email to CAD-DivisionAD@pbcgov.org (with copies to all counsel/parties of record) no later than 48 hours in advance of the hearing with detailed instructions including the access number and passcode that the parties have agreed to use to join the call during that Uniform Motion Calendar.
- Uniform Motion Calendar "UMC" hearings are held on Tuesday, Wednesday, and Thursday at 8:30 a.m. and must be coordinated among parties and scheduled online.
- Uniform Motion Calendar starts at 8:30 a.m. and ends at 9:30 a.m. UMC hearings will be called by the Judge in the order determined by the Judge. Out of courtesy, please mute your audio until your case is called. The timing of when the Judge will call your case cannot be determined; however, counsel/ parties shall wait remotely until such time the Court calls up the case and starts the hearing.
- The following matters SHALL NOT be noticed for UMC, but shall be specially set for hearing:
- Motions for Contempt
- Motions for Sanctions
- Motions for Attorneys' Fees
- Motions for Rehearing and/or Reconsideration (these motions are only set upon approval of the Court)
- Contested Motions for Summary Judgment
- Motions to Approve Settlement of Minor's Claim
- Any motions requiring evidence to be taken or findings to be made by the Court, unless expressly permitted herein
- Any hearing of any nature reasonably requiring more than five (5) minutes per side to argue.
- Uniform Motion Calendar ("UMC") hearings are held remotely via zoom. zoom meeting instructions to access UMC hearings can be viewed upon confirmation of your reservation and when registered parties schedule their UMC hearing(s) online.
- Upon scheduling a hearing on the Uniform Motion Calendar, you shall file your Notice of Hearing and send a copy of the Notice to the Court's Online Services System via "E-Courtesy" or by email to the Division at CAD-DivisionAD@pbcgov.org in advance of the hearing.
- Please include the full title of the motion(s) in the body of the notice. DO NOT attach motions and supplemental documents that exceed 10 pages as these items should be mailed to the Court by express or regular mail prior to the hearing. If cancelling a UMC hearing, please go online and cancel the hearing through the Online Scheduling System. Please file the Notice of Cancellation with the Clerk of Court and provide a courtesy copy of that notice to the parties and to the Court at CAD-DivisionAD@pbcgov.org for timely notice.
- If cancelling a UMC hearing, please go online and cancel the hearing through the Court's online scheduling/servicing system. If you are indeed cancelling your UMC hearing, please file the complement Notice of Cancellation with the Clerk of Court with copies of that Notice to the associated parties and the Court at CAD-DivisionAD@pbcgov.org for proper and timely notice.
- A link to the zoom Meeting will be included within the hearing details online when the Uniform Motion Calendar hearing is scheduled online by registered users using the Court's online services system. Upon entering the Uniform Motion Calendar/ ZOOM meeting, please mute your audio (located at the bottom of your ZOOM screen) until your case is called by the Judge (at which time you will unmute your audio). All counsel/parties who scheduled their hearing on the Uniform Motion Calendar through the Court's online services system will be in attendance and will be waiting for their case to be called in the ordinary course of Uniform Motion Calendar. For further information on how to join ZOOM, you may view the following brief instructions. If any of the parties request that their Uniform Motion Calendar hearing be held otherwise, the parties shall send an email to CAD-DivisionAD@pbcgov.org (with copies to all counsel/parties of record) no later than 48 hours in advance of the hearing with detailed instructions including the access number and passcode that the parties have agreed to use to join the call during that Uniform Motion Calendar.
- SPECIAL SET HEARINGS: All special set hearings shall be conducted remotely except evidentiary hearings (unless otherwise requested and/or determined by the Court upon setting the hearing).
- Non-Evidentiary Special Set Hearings will continue to be held remotely using zoom. zoom instructions will be included in the Order Specially Setting Hearing upon entry of the Court Order, which Order will set the specially set hearing date to calendar and which zoom instructions will be included in copies furnished.
- Evidentiary Special Set Hearings, Non-Jury Trial, and Jury Trials will be held in-person unless otherwise determined by the Court.
- HEARING TIME RESERVATIONS: Hearings are reserved on the Court's online calendar unless otherwise directed and permitted by the Court. All hearings are held remotely except evidentiary hearings and trials (unless otherwise determined by the Court). If parties agree to schedule the hearing remotely through zoom, the scheduling party may, when reserving online hearing time, select "Schedule Zoom Meeting for [the] Hearing" when prompted . However, if that option is not available at that time of the reservation, or when the Court provides a direct reservation outside of the Court's online calendar, the Court will enter the zoom information upon entry of the order setting the hearing.
- Remote hearings are held via zoom technology and remote access must be accessible by all parties and agreed to when reserving and scheduling special set hearing dates. If any of the parties are unable to access or use zoom technology, the parties shall immediately inform the Court upon submitting the proposed Order Specially Setting Hearing for entry. See also www.zoom.us.com. This requirement applies to pro se litigants as well as attorneys. Parties may seek out other vendors or utilize their own remote conference provider if they have one; however, will need to inform the Court at the time of the reservation and submission for setting to calendar. If teleconference provider does not automatically provide a dial-in number upon confirmation, the parties shall send an email 48 hours prior to the hearing time to CAD-DivisionAD@pbcgov.org including the dial-in number and passcode that the Court can use to join the call at the time of the hearing. The scheduling party is responsible for ensuring that all interested parties are able to join and have access to the hearing, including relevant remote access instructions: for example, the ZOOM meeting ID/password and/or other access information to be used for interested persons to join the hearing, giving extra attention and care to persons not registered with this Court's online services or otherwise able to join the hearing remotely.
- All motions/ papers 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 copies of all documents which they intend to reference during the hearing in advance by U.S. mail or by courier service. If materials are no more than 10 pages, copies may be forwarded via electronic mail to the Division email address at CAD-DivisionAD@pbcgov.org with copies to all parties, including the date and time of the hearing.
- 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 hard copies of all intended exhibits, evidence or demonstratives to the Court five (5) days in advance (unless otherwise determined by the Court). All exhibits should be pre-marked using the Circuit Civil pre-marking guidelines/ label template at www.mypalmbeachclerk.com on the first day of the hearing. The Court shall hold a pre-trial conference with all counsel to ensure the requirements expressed herein will be adhered to.
- Remote hearings are held via zoom technology and remote access must be accessible by all parties and agreed to when reserving and scheduling special set hearing dates. If any of the parties are unable to access or use zoom technology, the parties shall immediately inform the Court upon submitting the proposed Order Specially Setting Hearing for entry. See also www.zoom.us.com. This requirement applies to pro se litigants as well as attorneys. Parties may seek out other vendors or utilize their own remote conference provider if they have one; however, will need to inform the Court at the time of the reservation and submission for setting to calendar. If teleconference provider does not automatically provide a dial-in number upon confirmation, the parties shall send an email 48 hours prior to the hearing time to CAD-DivisionAD@pbcgov.org including the dial-in number and passcode that the Court can use to join the call at the time of the hearing. The scheduling party is responsible for ensuring that all interested parties are able to join and have access to the hearing, including relevant remote access instructions: for example, the ZOOM meeting ID/password and/or other access information to be used for interested persons to join the hearing, giving extra attention and care to persons not registered with this Court's online services or otherwise able to join the hearing remotely.
- If witnesses will be called to give testimony, the Court requires that such appearances be pre-arranged with appropriate instructions and protocols to join the hearing. Oaths for any evidentiary hearing or non-jury trial shall be administered remotely in accordance with Supreme Court Administrative Order AOSC20-106.
- Court reporters shall be informed of the appropriate technology to utilize in joining their assigned hearings for covering hearings/non-jury trials in this Court. The Court will administer the oath, or oaths are to be administered in accordance with Administrative Orders AOSC20-106.
- Prior to the hearing, parties are responsible for arranging court interpreter services, court reporting services, and any courtroom technology needs, if believed to be necessary for the hearing. See Administrative Orders 2.504 and 2.506. For more information see our Court Technology page.
- The parties are encouraged to submit any motions to the Court that they mutually agree the Court may address based solely upon the papers and thereby waive oral argument.
All hearings in Division AD take place in Courtroom 9B; unless otherwise directed by the Court.
For all hearings, the motion, any responsive pleadings and any case law for hearing(s) must be filed and docketed in the court file prior to scheduling with courtesy copies provided for the Court's review well in advance of the hearing.
Please check Circuit Civil Division AD's suspension calendar, including court holiday and suspension dates, prior to coordinating and setting any hearings in the Division as these calendars may be change from time to time.
Circuit Civil Division AD email address: CAD-DivisionAD@pbcgov.org
ALL COMMUNICATIONS TO THE COURT SHALL BE COPIED TO ALL COUNSEL/ PARTIES OF RECORD (including electronic and manual communication)
Formatting of Recorded Documents: All documents that need to be recorded in the public records (e.g. final judgments (consent final judgments, default final judgments, summary final judgments, and amended final judgments), orders of dismissal, voluntary dismissals, orders vacating final judgments, orders cancelling sales, orders setting aside, amending or vacating certificates of title, writs of garnishment) must comply with Rule of Judicial Administration 2.520 to accommodate recording space. These documents must have a 3" by 3" space at the top right hand corner on the first page and a 1" by 3" space at the top right hand corner of subsequent pages. Additionally, all documents filed with the Clerk of Court must have a 1" margin on all sides to accommodate the Clerk's date and time stamp
ALL RECORDED DOCUMENTS MUST PROVIDE A BLANK 3-INCH by 3-INCH SPACE ON THE TOP RIGHT HAND OF THE FIRST PAGE AND A BLANK 1-INCH by 3-INCH BLANK SPACE AT THE TOP-RIGHT HAND CORNER ON EACH SUBSEQUENT PAGE. The Clerk of Court will not accept documents for recording without this format in place. See Florida Rule of Judicial Administration 2.520. See Guidance and/or www.mypalmbeachclerk.com for further information. For your immediate reference, see also: sample of circuit civil documents that require space for recording by the Clerk of Court.
Pursuant to Florida Rule of Judicial Administration 2.520, court documents must have at least 1-inch margin, be in 12 point ADA accessible font, and the pages must be consecutively numbers.
Submission of Orders: The Court is moving towards a paperless system, thereby all orders are now required to be submitted electronically through the Court's Online Services system, unless otherwise directed by the Court. The Court's Online Services system requires a user ID/password to access the Court's online calendar and to utilize online scheduling and to utilize other online services. If you are interested in registering with the Court's Online Services system, please review the Online Services page.
Proposed Orders are submitted to the Court through the Court's online services system. If any of the parties are not registered with the Court for electronic service or submitted/ uploaded to the Court's Online Services system, please inform the Court upon submission, and provide a subsequent hard copy to the Court by U.S. Mail with self-addressed stamped envelopes for those parties who are not registered and are to be furnished with copies upon entry. All parties who are registered with the Court for electronic service, will receive electronic service to their registered email addresses upon entry of the Order. When uploading your proposed orders, please make sure that the order is in Microsoft Word format and is submitted separate from you cover letter and supporting documentation.
ALL ORDERS MUST INCLUDE THE COMPLETE MAILING ADDRESS AND EMAIL ADDRESS OF ALL PARTIES FOR SERVICE. See Administrative Order 2.306.
No order or judgment shall contain a signature page that does not include a portion of the text of the order or judgment. Please check and preview your documents before submitting your orders online and/or otherwise. See Administrative Order 3.204.
- All orders shall be submitted through the Court's Online Services system. If the order submitted is the result of a hearing, the date of the hearing and the parties in attendance must be included in the first sentence of the order. Do not file blank orders with the Clerk nor submit any blank orders in anticipation of an upcoming hearing. Please submit your orders in Microsoft Word format (if able). It is preferred that you do not use tables or macros.
- Order should be provided by the drafting attorney/party, either orally or in writing, to the opposing attorney/party for approval. In response, the opposing attorney/party should communicate promptly any objections to the drafting attorney/party. Upon submission, the drafting attorney/party should state whether the opposing attorney/party agrees or objects to the form of the order. See Palm Beach County Bar Associations' Standards for Professional Courtesy and Civility.
- All parties must be registered with Online Services and in full agreement to submitting court documents and orders via the online system. If any party is not registered with the Court's Online Services, court documents and orders must specify the complete name and mailing address of each person who is to receive copies to ensure that all non-registered parties are properly served.
- If the parties are submitting a proposed Order of Dismissal, Order Specially Setting Hearing, Ex Parte Orders, Orders of Substitution of Counsel, and/or other orders which require the Court to review additional documents, such shall be attached thereto (whether submitting the order online or by U.S. Mail). DO NOT SEND DUPLICATES-use only one of the delivery methods expressed above and in accordance with these division instructions.
- If you are a registered user of the Court's Online Services system, please upload your proposed orders separately in Microsoft Word format, and then select "attachments" to include your cover letter and other supporting documentation, if necessary. For information on the Court's Online Services system, see the Court Technology E-service Page. See also AD Divisional Instructions at "Submission of Orders".
- If there are pro se parties involved in the case and/or if any of the parties are not registered for online services/judicial e-service:
- you may mail a copy of your proposed order subsequent to your submission of that order to the Court's online services system to provide the Court with self-addressed stamped envelopes for copies to be furnished. Please ensure that the complete addresses of the pro se parties is listed in the service list for copies to be furnished; including reference as to whether self-addressed stamped envelopes have been sent to the Court for copies furnished or as to whether counsel will be mailing the copies.
Online Services: Pursuant to Florida Rule of Judicial Administration 2.516, all attorneys who have not been exempted by a rule of procedure or by an order of the court, must serve and accept court filings by email. It is important to note the differences between "E-filing" and "E-service(s)". "E-Filing" is the electronic filing of documents/pleadings with the Clerk, and "E-service" is either the mandatory electronic mailing of documents between attorneys or the electronic mailing of orders by judges with the Court. Attorneys must separately register with The 15th Judicial Circuit Court's Online Services system for "E-service(s)". Once registered, an individual must maintain his/her user profile with updated email addresses and/or other significant updates as necessary; particularly when counsel of record is no longer counsel of record. For more information on The 15th Judicial Circuit's online services system, see the Court Technology E-service Page; see also: Administration Order 2.310
The Court's Online Services system requires a user ID/password to access the Court's online calendar and to utilize online scheduling. If you are interested in registering with the Court's Online Services system, please review the Online Services page.
Scheduling of Special Set Hearings (15 minute and 30 minutes)
Scheduling of Special Set Hearings: Division AD utilizes the Court's Online Scheduling System for 15 minute and 30 minutes hearings. However, if counsel/ parties find there are absolutely no available dates online and believe the matter is timely, written requests for hearing time may be received at CAD-DivisionAD@pbcgov.org for the Court's consideration outside of the Court's online calendar. All e-mail requests for scheduling hearings shall be copied to all counsel/ parties of record and include the name of motion, the file date of the motion, the amount of time needed for reservation, and a short list of joint availability that all are seeking for reservation. If any counsel or party is not registered with the Court's online services/ scheduling system, then the written request should be sent manually by U.S. mail to the Court's attention (including the agreed to availability and dates and preferred timeframe requested for the hearing) with copy to all counsel/ parties of record (including complete e-mail addresses or mailing addresses of the respective parties).
Please be advised that the Online Scheduling System does not allow you to hold dates so you must be sure the date is coordinated with all parties prior to setting the hearing. ALL MOTIONS MUST BE TIMELY FILED AND DOCKETED WITH THE CLERK PRIOR TO SCHEDULING A HEARING [note: it may take 2-3 business days for motions/pleadings to be docketed by the Clerk of Court and thereby viewed by the Court] Please upload the Order Specially Setting Hearing online upon your reservation, including a separate copy of the underlying motion(s). Please include the title and file date of your motion and time reserved when scheduling, and include same in the order. The Court must receive the order and copy of the motion(s) with the complement confirmation sheet.
- Parties seeking hearing time must confirm availability with opposing parties (including pro se litigants) before setting the matter for hearing. Further, sufficient time should be reserved to permit a complete presentation by counsel for all parties and/or pro se litigants. See Palm Beach County Bar Association's Standards for Professional Courtesy and Civility.
- The online calendar/schedule does not allow you to hold dates so you must be sure the date is coordinated with all parties prior to setting the hearing. ALL MOTIONS MUST BE TIMELY FILED AND DOCKETED WITH THE CLERK PRIOR TO SCHEDULING A HEARING [note: it may take 2-3 business days for motions/pleadings to be docketed by the Clerk of Court and appear in the court file] Thereby, upon uploading your proposed Order Specially Setting Hearing online upon your reservation, you may include a separate copy of the underlying motion(s). Your proposed Order Specially Setting Hearing shall include the title and file date of your motion and time reserved when scheduling, and include same in the order. The Court must receive the order, a copy of the motion(s), and the complement confirmation sheet generated from your online reservation.
EXTENDED HEARING TIME/ MORE THAN 30 MINUTES: If you are seeking hearing time that exceed 30 minutes, parties' will need to make a written request to the Court, including the name and file date of the Motion(s), the amount of time needed for hearing, whether the hearing will be evidentiary or non-evidentiary, and perhaps a short list of joint availability within the timeframe that the parties' may be seeking to have the hearing. See Division Instructions.
If cancelling a Special Set Hearing, you may submit a proposed agreed order for the Court's consideration. Special Set Hearings are set by Court Order and cannot be cancelled except by further Court Order.
Limited Availability of Hearing Time for Special Set Hearings
Due to limited availability of hearing time for special set hearings, each case may take only one time slot per day. If more than one party attempts to schedule a hearing on the same case online and/or if there is already a hearing set on that case on that day, the second hearing may be cancelled by the Court. If there are no dates showing on the Court's online calendar, counsel may come before the Court during Uniform Motion Calendar to obtain a special set hearing date or submit a written request to the Court for added hearing time at CAD-DivisionAD@pbcgov.org, with copies to all counsel/parties of record, including the name of the motion(s), the file date of the motion(s), the amount of time needed for reservation, and a mutually agreeable timeframe when the parties would like to obtain a reservation. The Court determines all special set hearing dates and will determine whether additional availability will be provided. Upon the Court's determination on availability online or as otherwise determined by the Court, the judicial assistant will respond to these requests accordingly with instructions for setting the hearing to calendar.
Strict Compliance with Local Rule 4
Prior to setting a matter on the Uniform Motion Calendar and Special Set Hearings, counsel and/or parties noticing the matter shall attempt to resolve the matter and shall certify a good faith attempt to resolve the matter. All notices of hearing scheduled on the UMC Calendar shall set forth directly above the signature block, the below certifications without modification:
___ Movant's attorney has spoken in person or by telephone with the attorney(s) for 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.
___ Movant's attorney has attempted to speak in person or by telephone with the attorney(s) for all parties who may be affected by the relief sought in the motion.
___ One or more of the parties who may be affected by the motion are self-represented.
, and shall designate with a check or other marking next to the specific certification which applies.
Judge Goodman requires the above certifications as required by Local Rule 4 to be included in the order and notice. See Local Rule 4.
Materials in Excess of 10 pages: Judge Goodman reviews all motions, briefs, memoranda, case law and legal authority (including Responses and Rebuttals) prior to all hearings. Accordingly, please provide supporting materials to the Court for review at least 5 business days prior to the scheduled hearing. Courier deliveries and any hand-deliveries are only received at the information desk and/or in the "Judges' Box" located in the main lobby of the Main Courthouse. When depositing material in the "Judges' Box" or sending materials electronically or manually in support of hearings or otherwise, please include a cover sheet stating the date and time of the hearing (or matter) and mark accordingly. Case law and legal authorities must be tabbed with pertinent sections highlighted. All exhibits shall be clearly marked by a number label on the top right hand corner of the front of each exhibit, clearly identifying the case number and party prior to the hearing. All affidavits, verified pleadings, and other sworn documents submitted to the Court by mail or at a hearing must be original documents with original signatures. Documents that are related to hearings that are scheduled online must be timely filed and provided to the Court well in advance of the schedule hearing date.
Notices of Trial: When a case is "at issue", please file the Notice of Trial with the Clerk of Court and send a courtesy copy to: CAD-DivisionAD@pbcgov.org ONLY if all parties are registered for online services with the Court. Please ensure proper form, including estimated time for trial, whether the trial is to be by a jury or non-jury, and whether the trial is on the original action or a subsequent proceeding. See Fla.R.Civ.P. 1.440.
For parties who are not registered with the Court for online services, a copy of the Notice of Trial, including the self-addressed stamped envelopes of those persons not registered with the Court's online services must be mailed, should be mailed to the Court by U.S. Mail and not by e-mail. Further, all Notices of Trial must include the complete mailing address, email address, and telephone number for each party
NOTE: At this time, Circuit Civil Division AD has adopted an e-Calendar Call format; requiring trial counsel to only complete and submit on joint e-Calendar Call Form to CAD-DivisionAD@pbcgov.org no later than 4:00 p.m. on the scheduled date of e-Calendar Call.
Foreclosure Matters
Effective July 1, 2019: Section 45.031 and Section 45.032, Florida Statutes have been amended with corrective language as to Final Judgment, Publication of Sale, and Disbursement of Proceeds. See also Administrative Order 3.316-12/17.
All Motions to Cancel and/or Reschedule a Sale Date are set for hearing on UMC Calendar and must be set prior to the scheduled date of sale. See Administrative Order 3.301-5/21.
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 (i.e. palmbeach.realforeclose.com), time of sale (10:00 AM) and all other information as required by F.S. Section 45.031(2).
- All contested Summary Judgments must be specially set for hearing and scheduled online.
- Uncontested Summary Judgment motions are set online by utilizing the "Request an Uncontested Summary Judgment Hearing" button located on the Court's online services/scheduling page, and will be heard by an alternate judge.
- Default Summary Judgments may be set on the UMC Calendar.
The following packet of documents are typically required at an Uncontested Summary Judgment hearing:
- Notice of Hearing
- Motion for Summary Judgment
- Summary Judgment Foreclosure Checklist (including attachment of adding machine tape)
- Payment History
- Affidavit of Indebtedness (including loan payment history)
- Affidavit of Attorneys' Fees
- Affidavit of Costs
- Opposing Affidavits (if any) [see FRCP 1.510]
- Original Note and Mortgage (or copies thereof-if already filed with the Clerk's office)
- Final Judgment (format to comply with the requirements for recorded documents) [see sample document]
- Four sets of self-addressed and stamped envelopes with return address: Clerk & Comptroller, Palm Beach County, P.O. Box 4667, West Palm Beach, Florida 33402-4667
Motions for Disbursement of Surplus Funds must be set for hearing with notice to all parties.
IF COUNSEL REPRESENTS THE PARTY:
- Counsel who represents the party must set the Motion for Surplus Funds for hearing with proper notice to all parties. The Notice must contain the following language:
- If you have received this order setting hearing and you may be entitled to any surplus funds, you must file a Motion/Claim for Surplus with the Clerk within ten (10) days of the date of this order, and mail a copy to the undersigned Judge at the address above and provide notice to all parties. Your claim will be heard at the above date and time. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE A HOMEOWNER AND NOT REPRESENTED BY COUNSEL:
- A form entitled "OWNERS CLAIM FOR MORTGAGE FORECLOSURE SURPLUS" may be obtained from the Circuit Civil Division of the Clerk & Comptroller of Palm Beach County, Florida. This form can be found by electronic search at www.mypalmbeachclerk.com. This form MUST BE NOTARIZED and filed with the Clerk Comptroller of Palm Beach County prior to the scheduling a hearing. Upon receipt of the form, the Clerk will notify the presiding Judge's chambers and the Judge will set a hearing with notice to all parties.
Motions for Surplus Funds can be set for hearing on the Uniform Motion Calendar. However, any contested evidentiary hearings that will take more than 10 minutes (five minutes reserved for each side), should be set for a special set hearing (15 minutes or 30 minutes timeframe) pursuant to the divisional instructions on setting specially set hearings.
Appointment of Guardian Ad Litem/ Administrator Ad Litem is assigned by the Court using a wheel system for appointing pre-approved attorneys. DO NOT send any orders with names of attorneys who are not pre-approved attorneys. When preparing the Order, the section for appointment shall be blank for the Court to insert a name, address, and telephone number upon appointment.
Original Promissory Notes and Mortgages are routinely filed as exhibits in foreclosure trials, and Plaintiffs are usually required to either present the original promissory note (and mortgage) at trial, or if otherwise alleged in the Complaint, re-establish the lost note. If the original note (and mortgage) is in the Court file, please email CAD-DivisionAD@pbcgov.org at least 5 days prior to the trial date to notify the Court to make the request to the file clerk (for the Court file) in advance of the trial date. See also Administrative Order 3.311-04/12 regarding disposal of foreclosure trial exhibits.
Civil Differentiated Case Management Plans
At the direction of the Florida Supreme Court and the Fifteenth Judicial Circuit, Division AD will be implementing *Differentiated Case Plans, which plans apply to cases pending as of April 29, 2021 and cases filed on April 30, 2021 or later, and which requires parties to civil cases to confer and agree on a case track and certain management deadlines and model timeframes.
- In accordance with this directive, the DCM Agreed Case Management Plan and the DCM Order Approving Case Management Plan are filed as two separate documents in the Court file (hence two separate concurrent submissions to the Court for consideration and entry through the Court's online services system prior to processing). The DCM Agreed Case Management Plans shall be submitted to the Court in PDF format as a separate attachment from the proposed DCM Order Approving Case Management Plan. The DCM Order Approving Case Management Plan shall be submitted to the Court for entry in Microsoft Word format. See Administrative Order 3.107 and Administrative Order 3.108. See also AD Forms and Orders If you have any questions on Differentiated Case Plans after reviewing the posted directives and complement documents on Civil Differentiated Case Plans at www.15thcircuit.com/ announcements, you may direct your concerns and questions to CAD-CircuitcivilCM@pbcgov.org for further guidance from the office of the Office of the Fifteenth Judicial Circuit on implementing Civil Differentiated Case Plans per the direction of the Florida Supreme Court..
Judicial E-Service
Please note that the filing of a "Notice of E-Mail Designation" does not automatically register parties for Judicial E-Service. Persons must register his/her primary and secondary email addresses with the 15th Circuit through Online Services to participate in the Online Scheduling System and Judicial E-Service. Failure to register may result in orders being sent by default to (an) the email address on file with The Florida Bar. Do not add a party's email to documents if he/she is not registered for Online Services (e.g. pro se parties) unless he/she has opted in or registered with the Court for online services. If a party is not registered for online services/ judicial e-service, parties are required to submit all proposed orders via U.S. Mail with sufficient copies and self-addressed stamped envelopes for all parties to be properly served; unless that non-registered party has filed and registered a written designation for e-service of all court documents. See Administrative Order 2.310. If a party is no longer involved in the case, he/she shall immediately update his/her profile and follow the necessary steps to remove his/her email from the Clerk and the Court's systems.
Ex Parte Communication
The Court cannot and will not accept any ex parte communication/ personal correspondence on a case. If you have a matter to bring to the Court's attention, please file the proper Motion with the Clerk of Court, and provide/serve a copy of said Motion to all parties and/or counsel in the case. Pro Se Litigants may go to www.mypalmbeachclerk.com to seek information on locations of Self-Help Centers and other resources to assist him/her in understanding the Court's procedures and in obtaining proper forms and information on filing the proper motion.