AN Divisional Instructions

Amended as of August 30, 2022

Division "AN" Zoom Information

Meeting Link: Zoom Meeting Link

 

Meeting ID: 9176 912 7947
Meeting Passcode: 670 26 091
Dial by your location:
  • US Toll-free 877-853-5257
  • US Toll-free 888-475-4499

Scheduling of Hearing in Division “AN”

All Case Management Conferences and Uniform Motion Calendar hearings in Division “AN”, no matter the type or length, shall take place via Zoom Conference, unless otherwise directed by the Court. Division “AN” utilizes the Online Scheduling System to set hearings of any type, which can be set for Uniform Motion Calendar (approximately 5 minutes per side), as well as, special set hearings for 15, 30 and/or 60 minute increments. If you are seeking a hearing time that exceeds 60 minutes, the requesting party shall make a written request to the court, including the name and file date of the Motion(s), the amount of time being requested, whether said hearing will be evidentiary in nature and a list of availability dates within the timeframe that the party seeks to have the hearing. Please send these written requests for hearing time in excess of 60 minutes to CAD-DivisionAN@pbcgov.org.

Online Services

NOTE: If any counsel, or party is not registered with the court's online scheduling system, than the written request shall be sent manually by U.S. mail to the court's attention with copy to all counsel/ parties of record.

Uniform Motion Calendar

Uniform Motion Calendar in Division “AN” is scheduled for every Tuesday, Wednesday and Thursday of every week, exclusive of legal holidays and the Court’s suspension dates. UMC begins promptly at 8:30 a.m. and will continue until 9:30 a.m. All UMC hearings are conducted remotely using zoom technology, unless litigants agree that in person appearance is necessary. A link to the zoom Meeting for Division “AN” MUST be included within the Notice Setting UMC Hearing.

Upon entering the UMC via ZOOM, please mute your audio (located at the bottom of your ZOOM screen) until your case is called by the Judge Kerner (at which time you will unmute your audio). All counsel/parties who scheduled their hearing on the UMC through the court's online scheduling system are expected to be in attendance and shall wait for their case to be called in the ordinary course of UMC. For further information on how to join ZOOM, you may view the following brief instructions.

The following matters SHALL NOT be noticed for UMC, but MUST be specially set for hearing:

  • Post-Judgment collection matters
  • Motions to Dismiss
  • 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.

If cancelling a UMC hearing is necessary, it is incumbent upon the movant to prepare and file a Notice of Cancellation with the Clerk of Court and provide a copy of the notice to all parties of record. Second, the parties MUST go online and cancel the hearing through the Online Scheduling System and kindly provide the Judge notice of the cancellation at CAD-DivisionAN@pbcgov.org.

Special Set Hearings

All special set hearings shall be conducted IN PERSON, unless a prior agreement is made between the parties and consent is given by the Court to appear at the Special Set Hearing via Zoom appearance.

The scheduling party shall be responsible for ensuring that all interested parties are able and have access to the Zoom hearing, including the ZOOM ID/password to be used to join the hearing, giving extra attention and care to persons not registered with this court's online scheduling system.

All motions, papers and/or case law upon which the parties intend to rely for their scheduled hearings must be filed with the court with a courtesy copy to the Judge care of his Judicial Assistant, at least 5 DAYS in advance of the special set hearing. ALL COMMUNICATIONS TO THE COURT SHALL BE COPIED TO ALL COUNSEL/ PARTIES OF RECORD (including electronic correspondence)

For evidentiary hearings and non-jury trials, the parties should stipulate to the admissibility of evidence for which the admissibility is not reasonably contested. Division “AN” participates in the electronic submission of litigants exhibits. If the parties are unable to utilize this technology, the party shall provide hard copies of all intended exhibits, evidence or demonstrative aids to the Court five (5) days in advance of trial (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.

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 trials shall be administered remotely in accordance with Supreme Court Administrative Order AOSC20-106.

Providing Judge Kerner with the Hearing Materials

All motions, responses, replies, briefs, memoranda and case law or other legal authority MUST be provided to the Judge’s Judicial Assistant, at least 5 business days prior to the scheduled special set hearing. A failure to timely provide the information to the court may result in a cancellation or delay of special set hearing.

Suspension Calendar

The Court's docket is suspended for the following dates: Suspension Calendar.

Submission of Proposed Orders

Proposed Orders 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. A failure to provide this contextual information to the Court may result in the deletion of the proposed Order without notice. Please submit your orders in Microsoft Word format. It is preferred that you do not use tables or macros.

All proposed orders shall be submitted through the Court's Online Services system. Proposed Orders should NEVER be uploaded, nor submitted to the Court prior to the scheduled hearing. Moreover, the submitting party may NOT SUBMIT duplicate copies of a proposed Order, absent the Court’s approval.

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).

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.

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 Order of the court.

Setting Your Case for 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-DivisionAN@pbcgov.org ONLY if all parties are registered for online services with the Court. Please ensure the Notice of Trial includes the 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.

If there are “pro se” parties involved in the case and/or if any of the parties are not registered for online scheduling system, you must mail a copy of the Notice of Trial including the self-addressed stamped envelopes for those parties to the Court by U.S. Mail (not by e-mail). Further, all Notices of Trial must include the mailing address, email address, and telephone number for each party.

Division “AN” is currently setting trials for the following docket period:

Trial Period: March 13, 2023 through May 5, 2023

In-Person Calendar Call: March 3, 2022

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 foreclosure 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 and all other information as required by F.S. Section 45.031(2).

All contested Summary Judgments in a Foreclosure Matter MUST be specially set for hearing.

Appointment of Guardian Ad Litem/ Administrator Ad Litem: The Court utilizes 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-DivisionAN@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 15th Judicial Circuit, Division “AN" 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 Plans shall be submitted to the Court in PDF format separate 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. 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). 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 15th Judicial Circuit on implementing Civil Differentiated Case Plans per the direction of the Florida Supreme Court.

Miscellaneous

Local Rule 4

The Court expects strict compliance with Local Rule 4. Prior to setting a matter for hearing, the party or attorney noticing the motion/matter shall attempt to resolve the matter and shall certify the good faith attempt to resolve. All notices of hearing for matters scheduled for hearing shall set forth directly above the signature block, the below certifications without modification and shall designate with a check mark or other marking the specific certification which applies:

Counsel has conferred with 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.

or

Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so.

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 on the Online Scheduling System, 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.

No Ex Parte Communications

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.

Changes to Redaction of Confidential Information Now in Effect

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.

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.