Judicial Practices and Procedures
Last updated 10/21/2026
Contact Information
G. Joseph Curley, Judge
Lucille Kilgallon, Judicial Assistant
205 N. Dixie Highway, Suite
West Palm Beach, FL 33401
Zoom
Zoom Meeting ID: 88244742921
Zoom Join Link: Zoom Link
Zoom Dial-In Numbers: (877) 853-5257, (888) 475-4499
Table of Contents
Communications with the Judicial Office
Method of Communication:
- Division E-mail: CAD-DivisionAI@pbcgov.org
- The best way to contact the Judicial Assistant is via email to CAD-DivisionAI@pbcgov.org
- When the judicial assistant is out of the office, there will be an alternate contact for immediate assistance.
- All communications to the judicial office must be submitted by e-mail to CAD-DivisionAI@pbcgov.org, the dedicated divisional e-mail account. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 2026CA000111 – Smith v. Jones – 2-Hour Hearing Requested).
- Unless otherwise specifically directed by the Court, communication with chambers on case-related matters is limited to scheduling hearings and related issues.
- All communications must be via email to JA Lucille Kilgallon at CAD-DivisionAI@pbcgov.org, with all parties copied and otherwise in accord with the instructions on setting hearings set forth below. The Court does not accept ex parte communications via email or by telephone. The judicial assistant will direct anyone who contacts chambers ex parte to send an e-mail with all parties copied.
Ex parte Communications:
All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Unsolicited Communications:
Parties may only contact the judicial office in accordance with these practices and procedures. Unsolicited communications from non-parties will not be considered by the Court.
Do not include the court’s divisional e-mail on contentious, back-and-forth e-mail exchanges between parties. This type of communication will not be considered by the Court. Substantive matters are handled by properly filed motions and not via e-mail. If you are requested to remove the court’s e-mail address from your e-mail thread, please do so promptly.
E-Filing Portal Contact Information:
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused. Florida Rules of General Practice and Judicial Administration 2.516.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Florida Rules of General Practice and Judicial Administration 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
Response to Inquiries:
- The judicial assistant cannot give legal advice regarding how to proceed with your case. All substantive issues are handled by the Court via motion. Please file a motion and set the appropriate hearing. Do not contact the judicial assistant about any substantive matters.
- Unless otherwise specifically directed by the Court, communication with chambers on case-related matters is limited to scheduling hearings and related issues. If the Court has directed the parties to send an e-mail to chambers, please indicate in the e-mail exactly what direction was given and when.
- Self-represented (pro se) litigants are required to comply with all relevant procedural rules and substantive law as are attorneys, both in Court and in their written submissions to the Court. These include standards of professionalism and courtesy.
- Self-represented (pro se) parties needing assistance can contact the Self-Help Center at (561) 355-6781 located on the first floor of the Main West Palm Beach Courthouse or visit the self-service center in the clerk's office in the Satellite Courthouses.
- The Palm Beach County Bar Association has a lawyer referral and information service at 561-687-3266.
- Parties who qualify may be able to receive assistance from Legal Aid. Call (561) 655-8944 for information.
Other Communication Procedures:
Any e-mail sent to or from the judicial office may be a public record subject to disclosure.
Scheduling Procedures
Court Schedule:
Trials
In Division AI, trials are conducted Monday through Thursday. Fridays are reserved for special set hearings.
Pursuant to the 15th Judicial Circuit's Administrative Order 3.110 (as amended 12/24) at the time of filing cases that are not exempt under the administrative order will be automatically designated to one of three tracks. Cases will receive one of the three Uniform Differentiated Case Management Order and Order Setting Trial (DCM) orders below:
- The General Track (DCMGJT) is for JURY TRIALS. Time to disposition is within 18 months.
- The Streamlined Track (DCMSNT) is for NON-JURY TRIALS. Time to disposition is within 12 months.
- The Expedited Track (DCMENT) is for FORECLOSURE TRIALS. Time to disposition is within 12 months.
- The Complex Track. Cases will not be automatically designated as complex. A motion must be filed and set for hearing. The Court will determine if a case is eligible to be designated as complex. Time to disposition is within 30 months.
Cases will be reassigned tracks only under very limited circumstances. Re-designation is not for modifying deadlines or obtaining continuances. See Part 4 of Administrative Order 3.110.
THE DCM ORDER IS YOUR TRIAL ORDER. Notices for trial are not necessary.
Every DCMO contains a schedule with a calendar call date and pretrial deadlines. These are firm deadlines. Cases must be ready for trial by the calendar call date.
Deadlines may be modified by agreement of the parties with submission of an agreed case management order as long as the case remains on the same assigned trial docket.
If parties disagree about deadlines or the new deadlines take the case out of the assigned trial docket, a hearing must be set.
In Division AI, Calendar Call is held in person in Courtroom 11C at 9:00 A.M. on the dates listed in the table below. The table also lists the corresponding trial docket for each calendar call. The first day of the trial docket is 10 days after calendar call.
2026 Calendar Call Dates Trial type Docket Calendar Call JURY/NON-JURY SEPT 21—DEC 18, 2026 FRI, SEPT 11, 2026
9:00 A.M.
11C (in person)2027 Calendar Call Dates Trial type Docket Calendar Call JURY/NON-JURY JAN 4—FEB 26, 2027 FRI, DEC 18, 2026
9:00 A.M.
11C (in person)JURY/NON-JURY MAR 8—APRIL 30, 2027 FRI, FEB 26, 2027
9:00 A.M.
11C (in person)JURY/NON-JURYxx MAY 10—JULY 9, 2027 FRI, APR 30, 2027
9:00 A.M.
11C (in person)JURY/NON-JURY JULY 19—SEPT 10, 2027 FRI, JULY 9, 2027
9:00 A.M.
11C (in person)JURY/NON-JURY SEPT 20—DEC 17, 2027 FRI, SEPT 10, 2027
9:00 A.M.
11C (in person)2028 Calendar Call Dates Trial type Docket Calendar Call JURY/NON-JURY FRI DEC 17, 2027 JAN 3 - FEB 25 2028 JURY/NON-JURY FRI FEB 25, 2028 MARCH 6 - APRIL 28, 2028 JURY/NON-JURY FRI APRIL 28, 2028 MAY 8 - J ULY 7, 2028 JURY/NON-JURY FRI JULY 7, 2028 JULY 17 - SEPT 8, 2028 JURY/NON-JURY FRI SEPT 8, 2028 SEPT 18 - DEC 15, 2028 In-person appearance at calendar call is strongly preferred. If a party wishes to appear via Zoom because of extenuating circumstances, a motion and order is required.
Submit the proposed order on the Online Scheduling System and provide the motion as an attachment. If the motion is granted, the order approving the Zoom appearance will include procedures for calendar call and the Zoom information.
Under certain very limited circumstances, an E-calendar call form will take the place of the in-person calendar call. In that event, there will be no live appearance, either in person in the courtroom or via Zoom. An announcement will be posted on the Division AI website, and orders regarding calendar call will be issued in advance to all cases on the docket. An E-calendar call form will be attached to the order with instructions regarding its submission.
Cases are ordered to be ready for trial by the date of calendar call. Ready for trial means that:
- the parties have complied with all provisions of the case management order;
- have completed mediation;
- timely filed a joint pretrial stipulation with all exhibit and witness lists attached; and
- all motions have been heard or are set for hearing.
- Willful or grossly neglectful failure to appear ready for trial may result in dismissal or other sanctions (striking of witnesses, defenses, claims, jury trial, etc.).
At calendar call, counsel must be prepared to confirm whether the trial is jury or non-jury, to advise the Court of the number of days anticipated for trial, and the number of potential jurors requested for the venire. Unless an enlarged panel has previously been ordered by the Court after motion and a hearing, the maximum is 42 jurors.
Advance approval of the Chief Judge and Jury Office is necessary for jury panels exceeding 42 jurors. To ensure enough jurors are available, requests for enlarged jury panels must be resolved at least six (6) months before calendar call. The requests must be made via motion and scheduled for hearing on the Court's UMC docket or as part of a case management conference.
Without an order granting a motion for enlarged panel, a venire of more than 42 potential jurors may not be accommodated. Per the DCMO, failure to timely request an enlarged panel may result in court-ordered sanctions, including a limitation on peremptory challenges.
The Court expects that counsel will have conferred prior to calendar call to discuss which weeks of the trial docket that they, their clients, witnesses and experts will be available for trial. At calendar call, counsel will advise the Court of at least two (preferably three) weeks of the docket period that they will be available and ready for trial.
Conflicts recognized by the Court are limited to specially set trials and "Life before Law" personal attorney issues (i.e., pre-paid vacations, life events, medical issues). An appearing attorney must be prepared to advise the Court of all attorneys' availability for trial and future hearings as necessary, or those conflicts will not be recognized by the Court.
Any other lawyer conflicts, as well as witness and litigant conflicts, will be considered as preferences. Counsel shall be prepared to advise the Court of efforts made to preserve testimony, arrange for remote appearance, or otherwise resolve any witness or litigant appearance conflicts.
The trial docket will be posted on the website the week following calendar call (or E-calendar call if applicable). The number one case for each trial week will receive an order setting a trial date certain and a pretrial case management conference.
IMPORTANT NOTE: If your case has settled, please notify the Court immediately at CAD-DivisionAI@pbcgov.org, to allow us to give the backups as much advance notice as possible.
Uniform Motion Calendar (UMC)
UMC hearings are held Tuesday, Wednesday and Thursday at 8:30 A.M. and are set on the Online Scheduling System (OLS). The hearing confirmation will include a Zoom link.
UMC hearings are set and cancelled by the parties.
Each party has the option to appear via Zoom or in the courtroom if they wish.
UMC is for non-evidentiary motions that can be heard in a total of 10 minutes (5 minutes per side).
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 short notice). Attorneys should always attempt to clear a date chosen with opposing counsel.
The OLS will allow one motion only to be set. Add-ons to UMC hearings are generally not allowed. If you are in need of a UMC hearing before a certain date and there are no open slots on the system, contact the judicial assistant at CAD-DivisionAI@pbcgov.org for permission to add the hearing. You will be provided with some options and directed to confer with the opposing parties for the date when all are available. File a notice of hearing and email a copy of the notice of hearing and motion to the Court at CAD-DivisionAI@pbcgov.org The judicial assistant will add the hearing to the UMC docket on the chosen date.
UMC hearings set through the judicial assistant as described in the paragraph above are not set or canceled using the online system. If cancelling such a UMC hearing, please advise chambers as soon as possible by sending an email to the Court at CAD-DivisionAI@pbcgov.org, with all parties copied.
Motions for attorney's fees, summary judgment, and any evidentiary matters are NOT appropriate for UMC and should be specially set for hearing.
Default Final Judgments and uncontested Motions for Summary Judgment may be set on the Uniform Motion Calendar.
The Court reviews all motions prior to the hearing. The notice of hearing and the motion or other pertinent pleading must be sent to chambers in hard copy 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.
Unless canceled, counsel and self-represented parties must be present in person or via Zoom at scheduled 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.
If a UMC hearing that has been scheduled is no longer necessary, please give your colleagues and the Court the courtesy of timely cancelling it. Follow the above instructions to cancel. The Court will not need the time for preparation, and it will free up the timeslot for another case.
The Court encourages new or inexperienced attorneys to use UMC as an opportunity to get comfortable with working in the courtroom and in person with the Court.
Specially Set Hearings (15 and 30 minutes)
Specially Set Hearings are available in blocks of 15 and 30 minutes and are scheduled via the Division AI online calendar through Online Services. You must include a copy of the motion(s) as supporting documents.
Prior to scheduling a special set hearing online, you must
- clear the hearing date and time with ALL parties, and
- have previously filed your motion. Motions that have not been filed cannot be set for hearing.
All specially set hearings are set by Court Order (not by Notice of Hearing).
Once the date is scheduled on the online system, a proposed order will be generated automatically. Please insert the title(s) of the motion(s) in the MATTERS section of the order. If approved, the order setting the hearing will be signed.
Multiple hearings in the same case may not be set on the same date. Absent permission, only one hearing per case per day may be scheduled. Do not schedule or combine shorter hearings to make up one long hearing. Follow the directions below to obtain hearing time exceeding 30 minutes.
Specially set hearings cannot be canceled except by further Court Order, unless:
- the matter is resolved (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.
Specially Set Hearings 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.
Available dates/times will be provided. The party requesting the hearing will be responsible for conferring with the opposing parties and informing the court via one email to CAD-DivisionAI@pbcgov.org of the agreed-upon date and time. An order specially setting the hearing will then be generated.
Lengthy motions or matters requiring an evidentiary hearing in excess of two hours may be placed on a non-jury trial docket with a calendar call date.
Scheduling Hearings:
UMC hearings are set online using the Online Services. UMC hearings are limited to one motion. Parties are allowed five minutes per side. If parties wish to add or cross notice additional motions, they must contact the JA at CAD-DivisionAI@pbcgov.org for permission. If a hearing is needed prior to a certain date and there are no open timeslots, contact the JA at CAD-DivisionAI@pbcgov.org for instructions.
Special Set Hearings of 15 and 30 minutes are scheduled through Online Services after first clearing the date and time with all parties. In Division AI, most Fridays are set aside for special sets, and when dates are added to the OLS, the hearing times are taken very quickly. Timeslots are also added according to the Court's availability.
If you are setting a motion for summary judgment, please indicate the date the motion was filed and the earliest date on which the motion can be set for hearing pursuant to Rule 1.510 and/or stipulation of the parties.
Parties requesting hearings in excess of 30 minutes must contact the JA at CAD-DivisionAI@pbcgov.org and copy opposing counsel and any self-represented litigants. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 2026CA000111 – Smith v. Jones – 2-Hour Hearing Requested).
A new process is now available to make it easier and more efficient to obtain special set hearing time of 15 and 30 minutes. OLS users may now subscribe to multiple divisions and receive a notification the moment hearing time becomes available. Users may designate their preferences regarding how they receive notifications (e-mail or text message). A more complete description of how to register for and use the hearing time notification system can be found on the chart posted on the AI Divisional News page. A video with step-by-step directions will soon be available on the 15th Judicial Circuit’s YouTube channel CourtHelp4U.
If you are unable to get hearing time through the OLS, send an email to CAD-DivisionAI@pbcgov.org with a copy of the motion and whether you are requesting 15 or 30 minutes. Provide some proposed dates and times when all counsel are available. Efforts will be made to set the hearing on a Tuesday, Wednesday or Thursday, usually at 8:00 a.m., 9:30 a.m. or 4:00 p.m. (4:00 p.m. is via Zoom only).
Hearings are requested in the following sequence:
- By utilizing the Online Scheduling System and/or subscribing to the new hearing time notification system;
- By contacting the JA via CAD-DivisionAI@pbcgov.org and copying all parties with the request;
- If after taking the above steps parties are unable to agree to a time or suitable times have not been provided, set a case management conference (CMC) on the earliest UMC date to request a hearing. We will find time to ensure hearings occur within a reasonable timeframe. In your motion requesting the CMC, state the motions requiring hearing time, the amount of time needed for all parties, and any exigencies the Court should consider.
Counsel are directed to have their calendars handy so hearings can be set expeditiously. Except for summary judgment and evidentiary hearings, counsel that request hearing time at UMC are advised to be ready to hold the hearing the same day if the Court has free time.
For all hearings, each party has the option either to appear in person in the courtroom or via Zoom, EXCEPT hearings that start at 4:00 p.m. or later will be conducted via Zoom only. This will be stated in the order specially setting the hearing.
If a party is appearing in person in the courtroom, the court reporter must be present in the courtroom as well.
Notice of Hearing:
For UMCs, a notice of hearing must be filed and served immediately after reserving hearing time. The notice must contain the Court’s Zoom information:
- Zoom Meeting ID: 88244742921
- Zoom Join Link: https://us02web.zoom.us/j/88244742921
- Zoom Dial-In Numbers: 8778535257, 8884754499
Special set hearings are set by court order, not by notice of hearing. The order setting the hearing will contain the Zoom information. Hybrid hearings are allowed. Each party has the choice of appearing either live in the courtroom or via Zoom. If a party is appearing in person in the courtroom, the court reporter must be present in the courtroom as well.
If the hearing starts at 4:00 p.m. or later, Zoom appearance is the only option.
All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540. View ADA notice.
Submission Deadlines:
The Court must receive all materials for UMC hearings no later than three (3) days prior to the hearing. The materials must be sent in hard copy to the Judge’s office.
The Court must receive all materials in hard copy for special set hearings no later than five (5) days prior to the hearing, unless stated otherwise in the Order Specially Setting Hearing.
Order of Proceedings:
If a hearing has multiple motions, the parties should agree on the order in which they are to be heard. If the parties are unable to agree, motions will be heard in chronological order of filing, or at the Court’s discretion.
Continuance Procedure:
Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Motions for continuance must comply with Rule 1.200 and Rule 1.460, Florida Rules of Civil Procedure and state with specificity:
- the basis of the need for the continuance, including when the basis became known to the movant;
- whether the motion is opposed;
- the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and
- the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.
- Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Motions for continuance of trials, even if agreed, must be set for hearing on UMC. Written client consent must be included in the motion and a proposed order included with the motion setting forth the required modifications.
Cancelling Hearings:
If cancelling a UMC hearing, notify the judicial assistant via email as soon as possible (preferably at least the day before) so the judge does not spend time reviewing and preparing for the hearing. You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant, and cancel the hearing on the Online Scheduling System.
Special set hearings are scheduled and cancelled by court order only. An agreed order which resolves the matter must be uploaded to the OLS for the judge’s signature for the hearing to be cancelled.
The attorneys are encouraged to register for the soon to be implemented notification system that will advise by text or email (depending on the option chosen) when special set hearing times become available, either as the result of a cancellation or when new dates are added to the OLS.
Remote Appearance
Remote Appearance Procedure:
The court maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely, as provided by Florida Rule of General Practice and Judicial Administration 2.530.
For UMC hearings, specially set hearings of 15 or 30 minutes, evidentiary hearings and non-jury trials, each party has the option to appear either live in person in the courtroom or via Zoom. UMC hearings will receive the Zoom link with their scheduling confirmation. Orders specially setting hearings and non-jury trials will include a Zoom link in the event that one or more parties wish to appear via Zoom. Please note the following exceptions:
- All hearings scheduled to start at 4:00 p.m. or later, including special set hearings and case management conferences, will be conducted electronically via Zoom only.
- Calendar call is held in person in courtroom 11C at 9:00 a.m. on the assigned calendar call dates. If a party is unable to appear in person because of extenuating circumstances, a motion and order is required. Submit the order requesting appearance by Zoom at calendar call (with a copy of the motion as an attachment) on the Online Scheduling System. If the motion is granted, the order will include the procedures for calendar call and the Zoom information.
- Jury trials are conducted in person; however, witnesses may appear remotely via Zoom by agreement of counsel.
Platform Used:
The Court uses Zoom for remote appearances.
Platform Meeting ID#:
Zoom Join Link: Zoom link
Zoom Meeting ID: 88244742921
No password is requiredDial by your location:
US Toll-free (877) 853-5257
US Toll-free (888) 475-4499Requirements:
Any person appearing remotely must be in a private location that is quiet and free from distractions. Under no circumstances will a participant be permitted to appear remotely from a moving vehicle.
Any person appearing remotely must dress and behave professionally in the same manner as if physically present in the courtroom.
Any person appearing remotely must enable the person’s camera when joining the proceeding and keep the camera turned on until instructed otherwise by the court.
Any person appearing remotely must mute the person’s microphone when joining the proceeding and keep the microphone turned off until instructed otherwise by the court.
If a witness appears remotely, the party calling the witness must ensure the witness has a functioning camera and microphone and has tested the internet connection before the hearing. The oath will be administered in accordance with Florida Rule of General Practice and Judicial Administration 2.530.
Technology Needs:
In the event that a participant is having technical issues with a computer, there are dial-in numbers for appearance by telephone.
Zoom Dial-In Numbers: (877) 853-5257, (888) 475-4499 (toll-free)
You will be prompted to enter the Meeting ID number 882 4474 2921. No password is required.
Submission of Orders and Judgments
Format:
Agreed 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 cover letter stating agreement is important to ensure that the order is signed.
Orders are served to all parties registered to receive e-service. Documents submitted which require service to an unregistered or pro se party must indicate that the moving party is required to furnish the order via U.S. Mail.
Orders Submitted Following a Hearing
Absent Court direction otherwise, the movant shall prepare and submit the proposed order after obtaining the opposing parties’ comments or consent. 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.
The judge may also direct parties to submit competing orders. Please include a cover letter (as a supporting document) stating that opposing counsel will also submit an order. The judge will review and sign the order that reflects the Court's ruling.
Submission Method:
If a party is directed by the Court to submit a proposed order via email to the judicial assistant atCAD-DivisionAI@pbcgov.org, the order must be in Word format.
Do not submit proposed orders both on the OLS and via email. Unless directed otherwise, all proposed orders must be uploaded to OLS with a cover letter stating that all parties have reviewed the order and are in agreement with its form.
Deadline for Submissions:
Proposed orders must be submitted no later than the numbers of days directed by the judge at the hearing.
Permission of the Court and/or agreement of opposing counsel is required for extension of time to submit the proposed orders.
Courtesy Copies of Case Law and Other Documents
When Required:
Courtesy copies of documents for hearing must be submitted to the Court in hard copy in advance of the hearing at least five days in advance of special set hearings or three days in advance of UMC hearings unless directed otherwise by the Court.
For hearings on motions to dismiss, include a copy of the operative complaint. When setting hearings on discovery motions/objections to discovery, include a copy of the relevant discovery.
Unless an exception is made by the Court, all materials must be submitted in hard copy via U.S. or express mail or delivered by courier to the black box designated for judicial deliveries on the first floor of the courthouse. The judicial assistant is not permitted to accept materials at the glass doors. This is a breach of security protocols.
Emergency and Other Urgent Matters
Requirements:
Pursuant to Administrative Order 3.206, the parties shall not set motions for emergency hearing online unless directed to do so by the Court. All such motions must be filed with the Clerk and a copy sent via email to CAD-DivisionAI@pbcgov.org with all parties copied. Judge Curley will review and 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 true emergency, he will take whatever action he deems appropriate, including setting an expedited hearing or the entry of an ex-parte order if permissible and warranted under the law.
Scheduling:
If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the Court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.
Other Procedures Relating to Emergency and Other Urgent Matters:
When requesting emergency relief, a hearing may not be set if the judge does not grant one. Emergencies may be ruled on by the judge without a hearing.
Exhibits for Evidentiary Proceedings
Format:
Exhibits must be labeled and marked according to the Clerk’s specifications. View Civil Exhibit Label Template.
Exhibits may be uploaded to the Digital Evidence Portal for evidentiary hearings and non-jury trials. View Digital Evidence FAQs.
For evidentiary hearings and non-jury trials, the parties should stipulate to the admissibility of evidence for which the admissibility is not reasonably contested. Hard copies of the exhibits and a sequentially numbered Exhibit List shall be provided to the Court at least 48 hours in advance of the hearing.
All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk (unless previously uploaded to the Digital Evidence Portal), the court, and each party to review during the hearing or trial.
Pretrial Procedures and Conferences
Case Management Conference (CMC):
All parties may set a CMC when a case requires, and they are especially encouraged to do so when they are having ongoing difficulty scheduling matters. In cases where such difficulty exists, a case management conference may be set unilaterally with at least five business days’ notice. There are few excuses that the Court will accept should a party significantly delay setting a CMC to get hearing time. It is a 5-minute Zoom call…enough said.
The Court strongly encourages the early use of CMCs in more complex cases, multiple-party litigation, or any case that might benefit from court intervention.
The Court can set, or the parties can request, case management conferences as-needed or on an ongoing basis. The Court encourages this practice.
Unless excused by the court in advance, all CMCs are mandatory for attorneys and self-represented litigants. Parties represented by counsel are not required to appear at a CMC.
Scheduling
The Court can set a case management conference, or the parties can notice one. The notice must be "reasonable." Case management conferences are set online at any available UMC date at 8:30 a.m. on Tuesday, Wednesday or Thursday and are held via Zoom.
If noticed by a party, the notice "must identify the specific issues to be addressed during the case management conference AND must also provide a list of all pending motions."
Issues that may be addressed
The Court can address any issue during the conference that could impact the case.
On reasonable notice and if there is adequate time, the Court may require the parties to argue any pending motion on the list EXCEPT motions for summary judgment and anything needing an evidentiary hearing.
Preparation is required
Parties must be prepared to talk about any motion on the list, to make decisions about the conduct of the case, and have authority to make binding representations on motions, issues and scheduling. Counsel are advised to have their calendars handy. The parties (as opposed to counsel), are not required to attend case management conferences unless the Court specifically orders such.
The Notice of Hearing for Case Management Conference must comply with Rule 1.200. As such, it must identify the specific issues to be addressed during the Case Management Conference and must also provide a list of all pending motions, including any motions which were not able to be coordinated.
Failure of counsel or a self-represented party to attend a Case Management Conference may result in the Court dismissing the action, entering a default, striking the pleadings, limiting proof or witnesses, or taking any other appropriate action against the party failing to attend. Rule 1.200(j)(6).
Forms
Access:
Divisional Standing Orders and Forms can be found in the Divisional Forms and Orders tab on the Division AI website.
Florida Supreme Court approved forms are available in the back of the Rules of Civil Procedure. Use them. If they are good enough for the Supreme Court, they are good enough for this Court. (See, 1.900 et seq., Florida Rules of Civil Procedure).
Other Division Procedures
Motions Decided on Written Submissions
In an effort to conserve hearing time, a party in a civil action may choose to seek a ruling from the Court on a pretrial, non-evidentiary motion based on written submissions that do not necessitate a hearing before the Court.
A party is afforded due process on such matters when given an opportunity to present a legal memorandum, and then the Court may enter an order based upon written submissions without a noticed hearing and argument of counsel.
Motions that may be ruled on based on written submissions include but are not limited to:
- Motions to Strike
- Motions to Compel
- Motions to Dismiss
- Motions to Take Judicial Notice
- Motions to Stay
- Motions to Reschedule Mortgage Foreclosure Sale
- Motions for Continuance
- Motions for Disqualification
Please note: Motions for Summary Judgment may not be decided via the written submissions procedure.
Rollover Cases
If your case is not reached on the scheduled docket, the case will be reset as soon as practicable or the Court will set a CMC to discuss rescheduling as soon as practicable. Unless the Court enters an order or the parties agree in writing otherwise, no additional discovery, witnesses or exhibits are allowed. The parties are required to be trial ready at the first docket.
Motion Practice
For non-evidentiary contested matters, the parties are encouraged to submit such motions to the Court to address without a hearing. The parties may do so by letter to the judicial assistant enclosing all necessary papers and proposed orders, and stating the parties’ agreement to allow the Court to rule on the papers without a hearing. This suggestion is made by the Court to allow hearing time to be used for those matters that need a hearing to be properly addressed by the Court. If a party files a motion, it is required diligently to set it for a hearing. Should a party fail to do so, the Court may sua sponte rule that the motion is abandoned.
Despite the Court’s best intentions, should the Court fail to enter an order after a hearing within 60 days, the Court asks that the parties send an inquiry/notice to the judicial assistant by email advising that the motion remains unresolved by the Court.
Notes re Discovery under Amended Rules
- Discovery relates to pending claims and defenses &em; not for potential claims.
- Proportionality applies to all discovery. Proportionality begins with relevance to pending claims and may no longer include everything that is relevant if not proportionate to needs of the case.
- "Staged" or "staggered" discovery is encouraged. Discovery rulings are always without prejudice unless otherwise stated. Put simply, core discovery may go first and then, with evidence, fringe discovery may follow if proportionate to case needs.
- Objections to discovery must be timely, specific and detailed or they are waived. The Court encourages setting objections for a hearing as opposed to motions with legal briefs in support and opposition that embellish on the objections.
- Documents not subject to objection must be produced, even if objections are made to others.
- Initial discovery disclosures are required in all cases filed after December 31, 2024. A party may not seek additional discovery until that party’s initial disclosure obligations are satisfied. Rule 1.280(a),(k), (f)
- Supplemental discovery is required in all pending cases, no matter when filed. Parties now have an ongoing duty to timely supplement and correct discovery. Rule 1.280(g), (k)
- All discovery disclosures, requests, responses, and objections must be certified by an attorney or self-represented party. If a certification violates the Rule without substantial justification, the Court must impose sanctions. Rule 1.280(k)
- If a discovery motion is granted/denied, the Court must award “reasonable expenses” to the prevailing party unless the Court finds substantial justification or other circumstances that make an award unjust. Rule 1.380(a)(4)
- If a party fails to provide information or identify a witness as required by the discovery rules, the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In addition to or instead of this sanction, the court, on motion and after giving an opportunity to be heard: (1) may order payment of the reasonable expenses, including attorneys' fees, caused by the failure; (2) may inform the jury of the party's failure; and (3) may impose other appropriate sanctions. Rule 1.380(d)
Mandatory Compliance with Conferral Rules
Meet and Confer Required Before Filing of Motions
In an effort to eliminate unnecessary hearings, mandatory compliance with Rule 1.202 and Local Rule #4 (PDF) is strictly enforced. Before filing a non-dispositive motion, movants must confer with opposing parties in a good faith effort to resolve the issues raised in the motion.
As required under Rule 1.202, all hearing notices must include a certificate of conferral certifying that counsel for the movant has discussed the relief requested with opposing counsel, or certify that the opposing party did not respond describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion, or that the rules do not apply to their motion.
At the hearing, counsel who requested the hearing must be prepared to detail efforts made to speak to opposing counsel in a good faith effort to resolve or narrow the issues raised. As directed under Rule 1.202(d), the purposeful evasion of communication under the rules may result in an appropriate sanction.
The Court expects counsel to re-confer after all responses and replies have been filed, to ensure that only those issues which require Court resolution are set for hearing.
Failure to comply with the requirements of Rule 1.202 and Local Rule #4 (PDF) may result in sanctions against the non-compliant party, including denial of the motion without prejudice. See Rule 1.202(d).
Stipulations for Substitution of Counsel
Stipulations for substitution of counsel must comply with Florida Rules of General Practice and Judicial Administration 2.505(e) and (f). The written consent of the client must be included. As long as there is no objection and there is written client consent, a hearing is not necessary. 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 as supporting documents.
Withdrawal of Counsel
All motions to withdraw must be set for a UMC hearing, with proper notice to the client, in accordance with Florida Rules of General Practice and Judicial Administration 2.505(f) and (i), and all parties/attorneys. The Court strongly encourages counsel to ensure that their clients attend the hearing so that the Court may advise them of the ramifications of the withdrawal of counsel.
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 provide a copy of the motion as an attachment via the Online Scheduling System.
Settlement or Dismissal of Cases
If the entire case has settled, please notify the Court immediately at CAD-DivisionAI@pbcgov.org. If the case is set for trial, please state the calendar call date. In the event that there may be specially set hearings already scheduled, let the Court know so the hearing time can be released. Please also cancel any UMCs using the directions in section XI. If a case management conference has been set by court order, notify the Court by email and the CMC will be cancelled.
IMPORTANT NOTE: A notice of settlement or a mediation report indicating agreement does not close the case. The notification must be followed up by necessary and appropriate formal paperwork. Submit orders of dismissal of cases through Online Services.
Rehearing or Relief-from-Judgment Motions
In accordance with Local Rule No. 6, the following post-judgment rehearing or relief motions may not be set for hearing online by the parties (unless directed to do so by the Court):
- Motions for rehearing/reconsideration
- Motions for clarification
- Motions for new trial
File the motion with the Clerk and provide a copy with supporting authority via email to CAD-DivisionAI@pbcgov.org for review by Judge Curley. The judge will review the motion and determine whether to rule on the motion, order a response, or set the motion for hearing.
Daubert Motions
Any party seeking to exclude expert testimony under Daubert shall file a motion with the Court specifically identifying the basis for the challenge. Written responses to any Daubert motion are strongly encouraged and should be filed ten (10) days after the motion is filed.
Please be mindful of the court-ordered deadlines in the DCMO for disclosing experts and expert opinions, and for filing Daubert motions. As required under Rule 1.200(e) (1), deadlines in the DCMO are strictly enforced unless modified by the Court. Requests to extend the deadlines for the filing of Daubert motions must be filed prior to the deadlines and set for hearing. Failure to timely file a Daubert motion may constitute grounds for denial of the motion.
Motions in Limine and Deposition Designations
The Court will not entertain boilerplate, non-case-specific motions in limine prior to trial. These include motions which do no more than require the Court and opposing counsel to follow the law, or seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument, or expressing personal beliefs. If these issues arise during trial, they may be raised contemporaneously via objection.
All case-specific motions in limine as well as objections to deposition designations shall be scheduled and heard in compliance with the deadlines in the DCMO, and prior to calendar call.
Self-Represented Litigants
Self-represented, pro se litigants are required to comply with all relevant procedural rules and substantive law as are attorneys, both in Court and in their written submissions to the Court. These include standards of professionalism and courtesy.
The judicial assistant is not permitted to give legal advice. Self-represented litigants may go to the Palm Beach County Clerk's website to seek information on locations of Self-Help Centers and other resources to assist with understanding the Court's procedures and obtaining proper forms and information on filing the proper motion.
Self-represented litigants may also contact Legal Aid of Palm Beach County (561) 655-8944 or the Palm Beach County Bar Association (561) 687-2800 for possible assistance with legal matters.
ADA Accommodations:
If you need an ADA accommodation, please contact the ADA Coordinator at (561) 355-4380 or email ADA@pbcgov.org.
Information on ADA accommodations can be found on the Court's ADA Information page.
Court Reporters
Court reporters are not provided by the Court for civil matters. It is up to the parties to arrange for court reporters, if they wish.
As required under the DCMO, the moving party shall be the party responsible for securing the presence of a court reporter. The moving party shall advise all parties in writing in advance of the hearing or trial of the arrangements made, if any, for the presence of a court reporter, or shall advise all parties in advance of the hearing or trial that the moving party has chosen not to obtain a court reporter.
The court reporter is required to file the “Court Reporter Appearance” form. See Administrative Order 2.504-1/25.
IMPORTANT NOTE: In the event that a party is appearing in person in the courtroom, the court reporter must be present in the courtroom as well.
Interpreters
As required under the DCMO, any party needing the services of an interpreter, or calling a witness that may need the services of an interpreter, is responsible for ensuring a competent interpreter is present for any hearing or trial.
Next Generation Lawyers
Judge Curley has a strong commitment to supporting the development of our next generation of lawyers. The Court encourages parties and senior attorneys to allow less-experienced practitioners the opportunity to argue in court. Lead counsel should advise the Court prior to the beginning of a hearing if a lawyer of seven (7) or fewer years of experience will be arguing a matter. Ordinarily, only one lawyer for each party may argue at a hearing. In the event a less-experienced lawyer is presenting, the Court will allow multiple lawyers to argue on an issue.