AK Divisional Instructions

Divisional Instructions for Circuit Civil Division AK

Judge Paige H. Gillman Courtroom 10A

Divisional Email

Please Contact the Judicial Assistant via the Divisional Email Address CAD-DIVISIONAK@PBCGOV.ORG

Table of Contents

Online Scheduling

 Online Scheduling

Click Online Services. If already registered, insert the user name, password and case number and follow prompts to Div. AK section. If not registered, please follow prompts to set up an account.

ALL Uniform Motion Calendar [UMC] hearings and Special Set Hearings [15/30/45/60 minutes] are scheduled online (including foreclosures).

I. Uniform Motion Calendar and Mandatory Compliance with Rule 4

Uniform Motion Calendar ("UMC") hearings are set on the Online Scheduling System. Scheduling for UMCS is solely coordinated between the parties. Please do not call the Judicial Assistant to schedule or cancel a UMC hearing.

UMC is strictly for non-evidentiary motions which can be heard in a total of 10 minutes (5 minutes per side). FOR A SINGLE CASE - 1 UMC SLOT (MAX OF 2 MOTIONS/10 MINUTES TOTAL) IS PERMITTED. ALL Motions for Attorney's Fees, to Compel Better Answers, Summary Judgment, to Dismiss and any evidentiary matters are NOT appropriate for UMC and should be specially set for hearing. Please Note: Default Final Judgments and uncontested Motions for Summary Judgment may be set on the Uniform Motion Calendar.

Before scheduling, attorneys/pro se parties must first file a motion and notice of hearing with the Clerk's office and give opposing side(s) at least five (5) business days' notice, unless the parties have agreed to the short notice/short set a motion. Attorneys should always attempt to clear the date chosen with opposing counsel. Mandatory compliance with Local Rule 4 is strictly enforced. Specifically, attorneys are required to "make reasonable efforts to actually speak to one another and engage in reasonable compromises to resolve or narrow the disputes before seeking court intervention." Prior to scheduling, the “attorney noticing the motion shall attempt to resolve the matter and shall certify to the Court the good faith attempt to resolve.” If you do not comply with Local Rule 4, your hearing may be canceled.

For all hearings, the motion, any responsive pleadings and any case law for the hearing must either be filed and docketed in the court file or provided through e-Courtesy on the 15thcircuit.com five (5) days prior to the hearing for the Court's review for the hearing to go forward.

Please do not submit proposed orders in advance of the hearing on the Online Scheduling System.

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-DivisionAK@pbcgov.org. In addition, the scheduling party 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.

II. Specially Set Hearings

Specially Set Hearings are available in blocks of 15, 30, 45 and 60 minutes and must be scheduled via the Division AK online calendar through the Online Services. Prior to scheduling a special set hearing online, you must have previously filed your motion and you must clear the hearing date and time with ALL parties. All specially set hearings are scheduled online and set by court order only, the Order setting hearing will be automatically produced by on-line scheduling at the time the hearing is set on-line and sent to the Court. One (1) motion only may be scheduled at a 15 minute hearing. Two (2) motions can be scheduled at a 30 minute hearing. Three (3) motions can be scheduled at a 45 or 60 minute hearing. Please DO NOT stack hearing times on OLS to create a hearing slot that is more than 60 minutes.

Special set hearings of more than 60 minutes and ALL Motions for Attorney's Fees must be requested by emailing the Judicial Assistant at CAD-DivisionAK@pbcgov.org with all parties copied on your request.

Special Set dates for 15, 30, 45, and 60 minute hearings are uploaded onto OLS on the first working day of every month. The Court also reopens dates/times as agreed orders are signed on previously scheduled hearings. If no dates are available online, parties should continue checking for reopened dates and/or check back on the first working day of the following month. Any and all available dates/times are posted on and must be scheduled through OLS.

Orders Specially Setting Hearings

All specially set hearings are set by Court Order (not by Notice of Hearing, unless specifically directed otherwise by the Court or Judicial Assistant) and cannot be canceled except by further Court Order, unless the matter is settled (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). Once the date is scheduled on the online system, a proposed order will be generated automatically and submitted to the Judicial Assistant for review and signature. You must include a copy of the motion as a supporting document. Any motions for cancellation or continuance of a specially set hearing must be set on UMC.

Materials in Support of Specially Set Matters

ALL DOCUMENTS FOR HEARINGS AND NON-JURY TRIALS ARE TO BE SUBMITTED USING e-COURTESY ON THE 15THCIRCUIT.COM ONLINE SYSTEM IF LESS THAN 50 PAGES, OR HARD COPIES VIA MAIL IF MORE THAN 50 PAGES unless specifically directed by the Court or Judicial Assistant to submit them otherwise. Furthermore, any memorandum or materials provided to the Court shall be simultaneously sent to the opposing party. Hard-copies sent to the Court MUST be bound in a binder or folder.

For evidentiary matters, two identical but separate bound hard-copies of all exhibits/evidence pre-marked in accordance with the Clerk of Court's instruction must be sent to the Court's office at least five days before the hearing. The Court's office will provide one copy to the Clerk.

III. Submission of Orders

Agreed Orders

If a Motion is resolved prior to hearing, an Agreed Order must be submitted to the Court via the Online Scheduling System. 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 names, email and mailing addresses of all persons receiving copies must appear in the Agreed Order, pursuant to Administrative Order 2.306.

Please note: Do not send duplicate Orders in the mail or by email that have also been uploaded on the Online Scheduling System.

Orders Submitted Following a Hearing

If the Court directs an attorney to prepare and submit an Order after a hearing, the Order must state the date the hearing was held. All parties must have reviewed the Order before it is submitted on the Online Scheduling System. 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.

Competing Orders

Parties may submit competing Orders and the Judge will sign the Order reflecting the Court’s ruling. Competing Orders should be uploaded with a cover letter or a 'note' (an option in OLS) identifying it as a competing Order.

E-Service for Proposed Orders

Division AK electronically serves orders to attorneys/parties that have registered their primary and secondary e-mail addresses with the 15th Circuit. Please ensure that you have registered for judicial e-service.

NOTE: THE FILING OF A "NOTICE OF E-MAIL DESIGNATION DOES NOT REGISTER YOU FOR JUDICIAL E-SERVICE. YOU MUST REGISTER WITH THE 15TH CIRCUIT'S ONLINE SCHEDULING SERVICES. Failure to register may result in orders being sent by default to the email address on file with the Florida Bar.

Pursuant to Florida Rule of Judicial Administration 2.516(h)(1), Division AK will serve all orders by "email to all attorneys who have not been excused from e-mail service in writing and to all parties not represented by an attorney who have designated an e-mail address for service."

IV. Appearance by Telephone

Appearance by telephone for UMC hearings is permitted. A motion and order are required. (Not applicable during the current COVID-19 pandemic.)

Appearance by telephone for specially set hearings is discouraged unless otherwise noted in these instructions.

Any testimony by a person for whom appearance by telephone is sought, such as a witness, must be in strict compliance with Fla. R. Jud. Admin. 2.530, unless otherwise noted in these instructions.

V. Stipulations for Substitution of Counsel

Stipulations for substitution of counsel must comply with Fla. R. Jud. Admin 2.505(e). The written consent of the client must be included. 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.

VI. Withdrawal of Counsel

All Motions to Withdraw must be set for a UMC hearing, with proper notice to the client, in accordance with Fla. R. Jud. Admin. 2.505(f)(i), and all parties/attorneys.

VII. Ex-Parte Motions to Compel Discovery

For ex-parte motions to compel discovery, a hearing is not necessary if the Motion is in compliance with A.O. 3.202. The moving attorney must submit the Order for signature by the Judge and a copy of the motion as an attachment via the Online Scheduling System.

VIII. 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, please provide the Judicial Assistant with an courtesy copy of an e-filed Notice of Settlement or Dismissal immediately by email at CAD-DivisionAK@pbcgov.org to allow the Court to free up hearing/trial time for other cases. Please submit Orders of Dismissal of Cases on the Online Scheduling System.

IX. Requests for Emergency Hearing

Pursuant to Administrative Order 3.206, the Judge will decide whether the reasons set forth in a motion for emergency hearing constitute an actual emergency. If the Judge determines that the motion does allege a bona fide emergency, she will take whatever action deemed appropriate, including entry of an ex-parte order if permissible by law.

X. Notices to Set Cause for Trial

The original notice to set the cause for trial must be filed with the Clerk. The notice should include the name, telephone number, mailing address and email address of each lawyer or self-represented party in the case. Please email the copy of the Notice for trial to the judicial assistant or the case will not be set for trial.

XI. Rehearing or Relief-from-Judgment Motions

Post-judgment rehearing or relief motions, including motions for reconsideration, motions for clarification, and motions for new trial, may not be set for hearing online. Please file the original with the Clerk and provide a copy with supporting authority to the Judicial Assistant via email to be reviewed by the Judge.

XII. Mandatory Compliance with Administrative Order 3.204-9/08 & Local Rule No. 3

All orders for dismissal, final judgments (summary, default or consent), amended final judgments, notices of voluntary dismissals, orders vacating final judgments, orders granting motion to amend final judgment, and any other closing documents must be in compliance with Supreme Court Order no. SC13-2384 amendments to Florida rule of judicial administration 2.520 requiring a 3 x 3 inch available space in the right upper hand corner; one inch margin on all sides of documents; and pages must be consecutively numbered.

XIII. Ex-parte Personal Correspondence

Our office CANNOT and WILL NOT accept any ex-parte 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 copy all parties and/or counsel in the case with said Motion.