AG Divisional Instructions

  • Please email CAD-DivisionAG@pbcgov.org when contacting the JA and copy all parties.
  • The Court requires Hard Copies (for every hearing) of motions and attachments (see below)
  • Division AG does not utilize e-courtesy
  • Every hearing is a case management conference.
  • Trials CANNOT be continued by an Agreed Order - the Motion MUST be set for hearing
  • Compliance with Local Rule 4 is mandatory.
  • The lack of civility and courtesy is not tolerated.
  • For Trials - the Court will only allow stenographers for purposes of transcribing/transcription

Remote Appearance

ALL REMOTE 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 by the Court. Please include the Zoom information in place of Courtroom 10D on your Notices of Hearing for Uniform Motion Calendar hearings.

Meeting Link: Join Zoom Meeting

(https://us02web.zoom.us/j/85056337361)

Meeting ID: 85056337361

Passcode: No passcode required

Dial by your location:

  1. US Toll-free 877-853-5257
  2. US Toll-free 888-475-4499

All hearings 30 minutes or less will be conducted by Zoom (unless otherwise directed by the Court) and the Zoom information should be included on the Notice of Hearing.

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

Scheduling hearings

Click the button below to Schedule online for Division AG

Online Services

Special Set Hearings (15 Min SS)

All 15 minute Special Set hearing times available are limited to those cases in compliance with the Case Management Order.

The case must be in compliance with the order 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 about case plan compliance. If the case is not in compliance, the hearing WILL NOT go forward.

Matters that are better suited for UMC should not be set during this "Special Set" time as it is discourteous to the parties that need special set hearing time. Discourtesy will not be tolerated and will be addressed with a commensurate response.

Uniform Motion Calendar (UMC)

Motion calendar hearings are held Via "Zoom" Monday through Thursday at 8:45 and are set through the online schedule system.

Scheduling is between the parties. Do not call the JA for scheduling on UMC as the system does not allow internal scheduling for the UMC docket.

Parties are limited to 1 time slot per day, per case, with 1 issue only being set.

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.

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 UMC hearings are limited to 10 minutes (5 mins. per side). Only one motion/hearing per case may be scheduled per hearing day.

Parties may schedule a Case Management Conference on the UMC docket.

Division AG does not utilize the DCM Conferences referenced on the DCM Trial Order on the online scheduling portal. Please schedule on the UMC docket.

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

The Court will not entertain boilerplate (non-case specific) Motions in Limine.

Cancellation of UMC Hearings

To cancel a hearing scheduled for UMC, the scheduling attorney's office must file a Notice of Cancellation and submit it to the Court via CAD-DivisionAG@pbcgov.org. In addition, that attorney's office must log in to the 15th Judicial Circuit's Online Scheduling System, select "Uniform Motion Calendar 'UMC' Scheduling;" select "Cancel Hearings" and follow the directions on the screen.

Courtesy Copies (Hard Copies Only)

All papers on which the parties will rely for their hearings must be received by the court (at the West Palm Beach Courthouse) at least 7 days prior to the hearing. Please consider the delay created waiting for the mail to arrive and pass security checks. This applies to each and every hearing, including UMC. Division AG does not utilize e-courtesy.

Courtesy electronic copies do not replace the required hard copy of documents.

The Judicial Assistant will NOT be printing, collating, and binding the documents for the parties.  The Judicial Assistant must help the judge on more mission critical operations.  If the hard copy documents are not received on time, your hearing will be canceled.

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

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.

Motions to Compel

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

Special Set Hearings

Division AG has fifteen (15) and thirty (30) minute special set timeslots available up to 60 days in the future. Special Set hearing times are released usually the last week of each month for the next month that is unopened. (Example: August is opened at the end of June)

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.

Specially set hearings of fifteen (15) and thirty (30) minutes can be scheduled using the online services and cannot be cancelled or continued by Agreed Order or Notice of Cancellation.

The only possible ways for a Special Set hearing to be cancelled are: 1) Case has settled; 2) Matter scheduled is withdrawn; 3) After hearing and granted by the Court to the cancellation of a Special Set hearing.

Once a hearing is scheduled on-line, the JA cannot cancel it, move it, add to it, etc., FOR ANY REASON (no exceptions). If any changes need to be made to a scheduled hearing, a MOTION MUST BE FILED and SET FOR HEARING ON UNIFORM MOTION CALENDAR.

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 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 4 rules listed below somewhere on the notice.

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 preferable) 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

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

If the hearing is an Evidentiary 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 / Reconsideration are not scheduled by the parties/attorneys. See local rules.

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

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

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. This is a directive of the Supreme Court AOSC19-74 (Paper Orders are no longer accepted for signature by the Court). Paper / Hard copy orders will not be accepted.

All Orders/Final Judgments MUST be uploaded with cover letter and/ or supporting attachments. DO NOT SUBMIT/UPLOAD MORE THAN ONCE. If an order was uploaded with an error, please contact the J.A. to notify of the erroneous uploaded order. The J.A. will be able to locate the order to delete and allow the parties to upload the correct order to avoid duplicate filings and/or filings of erroneous orders. Do no upload a duplicate order for lack of receiving a signed copy of a previously uploaded order. This creates confusion when trying to process orders and will result in unnecessary duplicate filings. Deleting an order in OLS DOES NOT remove the order from the Court's queue.

When uploading multiple orders, please upload each order individually. Orders uploaded as an attachment cannot be signed and processed.

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 an Order is uploaded without a cover letter, the Court will reject the Order.

After a hearing, unless otherwise directed at the hearing and 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.

Additionally, when submitting an Order in the OLS portal, please fill in all fields, especially the date of the hearing and a complete title of the order instead of just "Order or "Final Judgment". If the field is left blank, it will be auto-filled with " Proposed Order" which makes it more difficult for the Court to differentiate between multiple orders.

Do not submit any orders in anticipation of a hearing. Do not submit Orders prior to the hearing. All Orders must be submitted after the hearing.

The Moving party shall, confer with opposing counsel and submit proposed orders electronically within 48 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.

A cover letter is required (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, the SPECIFICS of the disagreement must be noted in the cover letter to the Judge. Parties may submit competing Orders and cover letters and the Judge will sign the Order which reflects the Court's ruling.

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

For "Order on Motion to Vacate the Final Judgment of Mortgage Foreclosure, Cancel Foreclosure Sale, Dismiss Action without Prejudice, Dissolve the Lis Pendens, and Release Original Documents" please upload the Order to the portal. If the sale date is within 2 weeks, please email the J.A. to alert as to the submitted pseudo time sensitive pending order.

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. If the case is on a trial docket, the case will not be removed from the trial docket until the JA receives a copy of the filed Notice of Settlement or Voluntary Dismissal.

That notification must be followed up by necessary and appropriate formal paperwork. Submit Orders of Dismissal of Cases on the Online Scheduling System. Cases will not be removed from the Trial Docket until a filed copy of the closing document (Notice of Settlement; Voluntary Dismissal; etc.) is received by the Judicial Assistant.

Depositions

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

  1. PLAINTIFF's DEPOSITION shall be taken within 45 days after Defendant's answer has been filed.
  2. Defendant's FIELD ADJUSTER DEPOSITION shall be taken within 45 days after Plaintiff's deposition
  3. Defendant's CORPORATE REPRESENTATIVE DEPOSITION shall be taken within 30 days after the Field Adjuster's deposition.

Notices of Trial

File the original Notice with the Clerk and send a copy to the Judicial Assistant.

Calendar Call

Division AG Calendar Call will be held via Zoom on the above posted link on the listed date at 9:00 a.m. Attendance at Calendar Call is required. No motions of any kind will be heard at the time of Calendar Call. The Trial Docket week assignments will be posted by end of day the Wednesday following Calendar Call, unless Monday or Tuesday is a holiday.

Please review the posted trial dockets on the Trial Docket page for the specific trial docket periods. Division AG has 10 week trial dockets.

Foreclosure Cases

Notices of Foreclosure Trials must be filed with the Clerk's office. The Notice shall include:

  1. the specific matters to be tried and an estimate of time needed for the trial. See Rule 1.440(b), Fla.R.Civ.Pro.
  2. 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.

The parties must 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. BATES STAMPS ARE ENCOURAGED.

Summary Judgment Hearings

Contested Summary Judgment

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

Because the hearing will be brief, the motion should be set on the Courts UMC.

The Court will review all the provided materials and 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.

All summary judgment hearings require a Court Order to cancel the hearing. ONCE IT IS SET ONLINE, YOU CAN NO LONGER CANCEL A SUMMARY JUDGMENT HEARING ONLINE (whether or not a Notice of Hearing has been issued).

To request a continuance or cancellation of a Summary Judgment hearing, you must appear at 8:45 Uniform Motion Calendar, prior to the hearing date.

Uncontested Summary Judgment

The Court requires the Plaintiff to appear in person for the hearing with the original documents.

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.

Motions to Withdraw

The moving party must also prepare the following three separate documents and are to be uploaded (after the motion hearing) individually with a cover letter:

  1. Order to Designate Email Address for Process of Service
  2. Order Setting a Case Management Conference
  3. Order Granting Withdrawal (if motion granted after hearing)

The withdrawing attorney shall list the former clients email address in the "Order to Designate Email Address for Process of Service" in compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516

The "Order Setting Case Management Conference" shall indicate that the newly unrepresented party must attend the hearing. The order shall also include the following language:

Failure to attend may result in the striking of pleadings or the case being dismissed, without prejudice, and closed without further notice from this Court for failure to comply with this order.

The "Order Setting Case Management Conference" shall indicate that the hearing will be held remotely with the information provided in the "Remote Appearance" section above.

Corporations are required to hire new counsel prior to the case management conference.

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.

Exhibits

Pre-mark all exhibits in accordance with the instructions of the Clerk and Comptroller. Civil Evidence Guidelines

Audio Visual Equipment Requests

The Judicial Assistant does not handle requests regarding Audio Visual equipment and other courtroom accommodations. These matters are handled by the Court Technology in coordination with the Court Room Deputy.

You are free to use outside vendors. Court Administration has some equipment available as well. Any requests for media equipment from the Court, please complete the Courtroom Media Request form and submit it to Court Technology at least 5 days prior to trial.

Emergency Motions/Request for Emergency Hearings

File your original emergency Motion with the Clerk of Court, Civil Division. The Clerk's Office will then forward to Judge Delgado, or an alternate Judge in his absence, for review and directive to determine whether an emergency hearing should be scheduled. DO NOT set an Emergency Motion for hearing unless directed to do so by the Court's Judicial Assistant.