AO Divisional Instructions

IMPORTANT: The Court understands that not all cases are amenable to the standardized procedures, practices and schedules set forth in these divisional instructions and the Court's Uniform Order Setting Trial and Pre-Trial procedures and other forms. The parties are encouraged to propose alternatives if it will allow for a more efficient, cost effective and just resolution of your case. otherwise, you will be expected to follow the divisional instructions carefully.

TABLE OF CONTENTS


I. Parties without Counsel - Unrepresented, Pro Se

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.

For additional help, please contact the Palm Beach County Bar Association at  (561) 687-2800 or www.palmbeachbar.org/.

If you are unrepresented for financial reasons, you are encouraged to contact the Legal Aid Society of Palm Beach County 561-655-8944 or Toll-Free: 800-403-9353 or legalaidpbc.org.

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II. Communication to and from Chambers and Electronic Service

  1. E-Service

    Division AO electronically serves orders to those that have registered their primary and secondary e-mail addresses with the 15th Circuit. Important E-Service Information: To receive e-service YOU MUST REGISTER WITH THE 15TH CIRCUIT'S ONLINE SCHEDULING SERVICES here:

    Register/Login with E-Services

    Failure to register may result in orders being sent by default to the email address on file with the Florida Bar. See, Administrative Order 2.310. Please understand that the filing of an e-mail designation with the clerk's office is NOT registration with court administration for Judicial E-Service. Designations merely advises the other side of your email address.

    If registered for e-service and no longer involved in the case, you must remove yourselves from the clerk's system and State Portal. The Judicial Assistant is unable to do it for you.

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  2. Email

    Our Chambers only accepts e-mail when advanced permission is given by the Judge or Judicial Assistant. If you wish to e-mail chambers, please make the request in open court or by calling 561-355-2956.

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  3. Ex Parte Communications

    See also, Part IV.B of these instructions governing Ex Parte Motions.

    With limited exceptions, ex parte and personal correspondence with Chambers is prohibited. 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.

    Unless otherwise provided by law, all ex parte materials submitted to Chambers will be filed with the Clerk and served upon all parties and, if unauthorized, the party making the submission may be sanctioned.

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III. Hearings

  1. Good Faith Conferral Prior to Filing All Motions - Eliminating Unnecessary Hearings - Strict Compliance with Local Rule 4

    All counsel shall read and strictly adhere to Local Rule 4 that applies to All hearings. Particularly important is the REQUIREMENT for EVERY party setting a hearing to FIRST confer in a good faith effort to resolve the matter without the need for hearing. As set out in Local Rule 4, ALL hearing notices shall include a certificate of good faith effort to resolve the issue and avoid the need for a hearing.

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  2. Emergency Motions and Hearings

    DO NOT set an Emergency Motion for hearing unless directed to do so by the Court's Judicial Assistant. When an Emergency motion is filed, the Clerk of Court forwards it to Chambers or to an alternate Judge that is providing coverage. It is then determined how the Court will proceed and whether an emergency hearing will be scheduled.

    Emergency motions requiring no more than 10 minutes to resolve and Motions to set an Emergency Motion for hearing may be heard on the Uniform Motion Calendar.

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  3. Submission of Hearing Materials, Preparation and Conduct of Hearings:

    The Court reviews hearing materials in advance. Please keep that in mind when estimating the amount of hearing time you request. While responsive memoranda are not required for many motions, they are highly appreciated and greatly cut down the length of hearings.

    Division AO does not currently use e-Courtesy to receive materials. At least five (5) business days before each hearing, please provide hard copies to Chambers of: (1) the notice of hearing, (2) the motion to be heard, (3) opposition memoranda and (4) other materials that would assist the Court with resolving the issue. Do not submit proposed orders in advance.

    The Court does NOT need copies of every exhibit or cited legal authority. If, however, the motion turns upon some key cases or exhibits, copies with the relevant portions highlighted are appreciated.

    Hearing materials must be sent by a postal system (USPS, Fed-Express, UPS etc.) or hand delivered to the 1st floor drop-box. To save the time and expense of printing (hundreds of pages per week), the Court does not receive hearing materials through e-courtesy or email, absent prior permission. Please keep in mind that the Court's security procedures slow delivery, sometimes by an extra day or two beyond what may be expected, including materials left at the drop box.

    KEY POINT: Hearings are not the time to present new written materials to the Court. The time is best spent discussing the issues not reading materials. It is an opportunity to answer questions left open by the written materials. For that reason and in fairness to all parties, do not plan to rely upon anything that was not provided to the Court and all other parties in advance of the hearing, excepting perhaps visual aids designed to assist the Court's understanding of the arguments. Any visual aids should be shared with opposing counsel prior to the hearing. Do not start arguments by asking to approach with additional written materials or case law. The Courtroom Deputies are instructed not to accept them.

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  4. Setting and Cancelling Hearings:

    Hearings dates must ALWAYS be coordinated with the opposing party.

    Note: Please do not block time slots for matters not ready to be heard. Also, PLEASE give your colleagues and the Court the courtesy of timely cancelling when a hearing is no longer needed.

    To cancel a hearing scheduled for UMC, the scheduling attorney's office must file a Notice of Cancellation and 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.

    Absent agreement of the parties, once a hearing is set, Add-On Motions are NOT permitted. Add-on hearings at the Uniform Motion Calendar are highly disfavored.

    1. 10 Minute Hearings - Uniform Motion Calendar (UMC) - Online Scheduling  

      Unless suspended, the Court presides over a Uniform Motion Calendar (UMC) every Tuesday, Wednesday and Thursday from 8:30 to 9:30 a.m. Suspension Dates are provided online at the link on the right side of this web page.

      Only those matters that can be heard and decided in 10 minutes or less (5 minutes per side) are appropriate for the UMC. No evidentiary matters will be heard during the UMC.

      UMC HEARINGS MAY NOW BE SET THROUGH THE ONLINE SCHEDULING SYSTEM (Go to OLS). Please note the OLS system will not allow hearings be set on 5 days or less notice. If the motion requires more immediate attention, it must be set through a manual notice by agreement of the parties.

    2. UMC hearings are not scheduled through Chambers, but upon agreement of the parties. They are noticed by the parties and will be heard on a first come, first served basis as time allows. The Judicial Assistant (JA) has no control over the setting or resetting of any UMC matter hearing unless directed by the Court. Please do not call the JA about UMC's unless it is to advise you are running late.

      When you arrive for a UMC matter please sign-in with the Courtroom Deputy inside the Courtroom.

    3. 15-30 Minute Hearings Special Set Online

      Fifteen and thirty minute hearings can be specially set by parties using the 15th Judicial Circuit's Online Scheduling system. (Go to OLS), DO NOT SELECT MULTIPLE TIME SLOTS FOR YOUR MATTER. If a matter requires more than 30 minutes of hearing time, please refer to the next section of these instructions.

      The matter to be heard must be filed before it can be set online. Also, the setting shall be coordinated with all interested parties. Please note the OLS system will not allow hearings be set on 5 days or less notice. If the motion requires more immediate attention, it must be set through a manual notice by agreement of the parties.

    4. Unlike UMC hearings, a Court order is required to cancel a specially set hearing.

      If a special set motion has been resolved or a conflict arises with the hearing date and time, you must call the Judicial Assistant to cancel or reschedule the hearing. Please have the courtesy of doing so immediately so others may use the time slot.

    5. Hearings Anticipated to Exceed 30 Minutes

      Hearings longer than one half hour are specially set by the Court.

      Requests for such hearings should be sent by a postal service and should include:

      • The type of case and a very brief, concise summary of the matter(s) to be heard;
      • Copies of the motion to be heard along with any responses or replies;
      • Each parties' respective estimate of the amount of time needed; and
      • If there is a time by which the parties believe the matter needs to be heard and why.

      Upon review, the Judge will determine the amount of time to be allotted and either: (1) hold an informal, telephonic scheduling conference; (2) set a hearing, or (3) place the motion on a trial docket via Court Order.

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  5. Evidentiary Hearings

    For Attorney Fee hearings, See part VI.G, below.

    Requests for lengthy evidentiary hearings are processed the same as any other hearing  exceeding 30 minutes. See, Part II.D.3, herein, (the section immediately preceding this part).

    Absent advance approval, telephonic appearances are not allowed for evidentiary hearings and trials.

    All evidence for each evidentiary hearings and trial should be pre-marked in accordance with the Clerk's instructions found here.

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  6. Telephonic and Video Appearances

    The Court allows litigants to appear at non-evidentiary hearings remotely through telephonic or video conferencing. No motion or order is necessary. But, all parties must be notified in advance if any party will appear remotely.

    Counsel must be present at Calendar Calls and evidentiary proceedings (including all trials) absent prior Court approval. If allowed, any testimony by a person for whom appearance by telephone is sought must be in strict compliance with Fla. R. Jud. Admin. 2.530.

    To set a telephonic appearance, go to courtcall.com or call 1-888-882-6878 and make the appropriate arrangements at least 24 hours prior to hearing. You will be required to pay Courtcall's service fee. The Court does not set or participate in the fee and maintains no control over it.

    Division AO participates in the Fifteenth Circuit's Video Appearance Project for non-evidentiary hearings. Details concerning this project, participating vendors and training resources for interested parties can be found on the Circuit Civil Video Appearance Project page.

    Only video appearances using an approved service provider and an approved web-based solution will be allowed.

    Instructions for Scheduling a Video Appearance:

    1. Coordinate the video appearance through an approved service provider. View a list of approved video service providers and their contact information.
    2. Provide a back-up phone number for use to continue the hearing in the event of technical difficulties;
    3. Log into the Circuit's Online Services System ("OLS")
    4. Locate your hearing in OLS;
    5. Schedule the appearance via the Circuit's Online Services System ("OLS")
    6. Note: video appearances can only be scheduled for events listed in the OLS system.

    Direct any technical questions regarding videoconferences to CAD-WEB@PBCgov.org

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  7. 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.

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IV. Notices for Trial and Orders Setting Trial and Pretrial Scheduling

To determine when Civil Division AO is currently scheduling lengthy motions, non-jury trials and jury trials, please refer to the AO Trial Docket link at the right side of this page.

Within 30 days after a case is at issue, i.e. fully plead, the parties shall file a notice for trial, unless they feel that the case is not ready to be set. In that case, they shall appear for a case management conference within 30 additional days.

Each notice for trial shall include:

  1. Whether the trial will be jury or non-jury;
  2. Its estimated length;
  3. The date by which the parties expect the case to be ready for trial;
  4. The name, telephone number, mailing address and email address of each lawyer or self-represented party in the case.

The Court will set the case on the first docket following the date the parties anticipate being trial ready. The parties are welcome to also include with the Notice for Trial a proposed pre-trial scheduling order tailored to the case that sets all appropriate pre-trial deadlines, including a deadline for mediation. Otherwise, a uniform order will follow.

A courtesy copy of the Notice should be sent via U.S. regular mail to the Judicial Assistant for the setting of a trial date.

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V. Pretrial Conferences

If, after the parties develop a pretrial stipulation, any party believes a pretrial conference will be in the interest of judicial economy, they should contact the Judicial Assistant to determine whether Judge Nutt will be able to specially-set a pretrial conference. Whether at a pretrial conference or at a hearing of more limited scope, in the interest of saving prospective juror time and in an effort to limit the issues prior to trial, Judge Nutt endeavors to hear pre-trial motions and objections prior to trial.

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VI. Calendar Call and Trial Dockets

In person calendar or docket calls are held Fridays in advance of the Court's six week trial dockets. Telephonic appearances are not permitted at calendar call. Counsel with full knowledge and authority over the case are expected to appear.

No motions of any kind will be heard at Calendar Call.

Prior to calendar call, counsel must have:

  1. participated in mediation,
  2. held a pretrial conference,
  3. exchanged itemized exhibit and witness lists,
  4. estimated the length of time the trial will take, including jury selection where applicable,
  5. identified the time periods during the upcoming trial docket when everyone is available;
  6. filed the pretrial stipulation,
  7. resolved any pretrial motions, in limine and the like, or disputed depo designations.

At least 2 days before trial, counsel must:

  1. Provide Chambers with one set of proposed jury instructions. If any are disputed, provide each parties respective proposals and the legal grounds supporting them.
  2. Pre-mark the exhibits in accordance with instructions of the clerk and comptroller,
  3. Exchanged pre-marked trial exhibits with opposing counsel.

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VII. Motions and Memoranda of Law

  1. Writing

    The court has removed its strict page limitation, but implores Counsel to understand that Motions and Memoranda of law, incorporated or separate, should rarely exceed 10 pages. Given time constraints facing today's judiciary, modern presentation tools, including diagrams and flowcharting or outlining programs, can more pointedly and efficiently inform the Court beyond traditional memorandum formats.

    In all Memoranda, please identify the issues up front, let the Court know what the short answer is and succinctly present the legal and logical arguments. There is no need to waste space and time reiterating well known, black letter standards of review for motions to dismiss, for summary judgment and the like. Reminder: Division AO does not accept these items by e-mail.

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  2. Discovery Disputes

    For discovery motions, do not simply submit the full requests and full responses. The motion must clearly identify:

    1. The disputed request or response;
    2. The basis for compelling or overruling objections
    3. Legal authority quoted or attached with highlights.

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  3. Evidentiary Motions (in Limine, Daubert, etc. . . ) and Depo Designations

    The Court will not entertain unnecessary motions in limine such as ones which do no more than seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument, or expressing personal beliefs.

    All motions regarding specific evidence and objections to depo designations shall be scheduled and heard prior to Calendar Call.

    Any party seeking to exclude expert testimony under a Daubert analysis shall file a motion with the court specifically identifying the basis for the Daubert challenge. Responsive memos shall be filed and provided with the motion to the Court at least 10 days in advance of hearing.

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  4. Motions to Continue Trial

    Every Motion to Continue Trial, agreed or not, MUST be set for a hearing. In most instances, they can be handled on the Uniform Motion Calendar (UMC).

    All motions for a continuance must specifically identify the reason additional time is necessary and set forth the date by which the case will be ready for trial. The motion shall also include a pre-trial schedule setting deadlines for each task that remains to be completed for trial to proceed.

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  5. Motions for rehearing, clarification, rehearing and new trial

    DO NOT set motions for rehearing, clarification or new trial to be heard unless directed to do so by the Court.

    In accordance with Local Rule No. 6, copies of any motion for rehearing, clarification or reconsideration should be provided to Chambers, by U.S. regular mail, for the Judge's review and determination whether to order a response or set it for hearing.

    Motions for New Trial should be submitted in the same manner as described above, and the Judge will determine if a response or hearing is appropriate and, if so, the amount of time.

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  6. Ex Parte Motions

    IMPORTANT: Orders to Show Cause and Motions to Compel may, in some instances, be brought ex parte, however, they are NOT exempt from Rule 4 and every movant's obligation to confer in good faith in an effort to resolve the matter before setting a hearing. Asking a party to comply with their obligations is not itself a good faith effort to confer in an attempt to avoid filing what should be an unnecessary motion to compel compliance.

    The following motions with proposed orders may be submitted to Chambers ex parte but not without being served upon all parties:

    • Motions to Extend Time For Original Service of Summons
    • Motions for Order to Show Cause under Fla. Stat. § 702.10
    • Motions for Judicial Default
    • Motions for Substitution of Counsel (with proper client consent)
    • Motions to Withdraw as Counsel (with proper client consent)
    • Agreed Orders and Stipulations – with cover letter verifying agreement
    • Motions for Appointment of Attorney/Guardian Ad Litem
    • Plaintiff's Motion for Voluntary Dismissal
    • Motions for Assignment of Bid/Judgment - with assignment attached
    • Motions to Reset Foreclosure Sale after Bankruptcy- title of order must read as such
    • Plaintiff's Motion to Vacate Final Judgment and Dismiss the case
    • Motions to Amend Certificate of Title to Correct Scrivener's Error (not substantial amendment)- with motion attached
    • Motions to Compel Discovery pursuant to Admin Order 3.202-9/08

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  7. Attorney Fee Motions and Hearings
    • Entitlement

      Motions to determine entitlement to attorney's fees may be set for hearing in the ordinary course in accordance with these instructions.

    • Amount

      Motions to determine the amount of attorney's fees and costs to be awarded are resolved through standardized pre-hearing procedures that are set forth in the Division's standard Order Setting Pre-Hearing Procedures for Attorney Fee and Cost Claims, See, "Forms and Orders" link at on the top-right side of this web page.

      Once entitlement is determined, the parties' should notify the Court to enter the standard Order Setting Pre-Hearing Procedures for Attorney Fee and Cost Claims with any recommended modifications or appear for a case management conference to determine how to proceed.

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VIII. Proposed Orders and Final Judgments

  1. Agreed Orders

    If the parties resolve a dispute without hearing, an Agreed Order may be submitted (See, Part C below for how). The title must say "Agreed Order on [title of motions]." A transmittal letter shall confirm that all parties have reviewed the language of the order and are in agreement with its entry. The names and addresses of all parties receiving a copy of the agreed order must be included in it.

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  2. Orders After Hearings and Trials

    Counsel are asked to bring blank proposed orders to all hearings. There are also blank forms in the Courtroom. At the conclusion of each hearing the parties should prepare an order for immediate entry, unless ruling is reserved or directed otherwise.

    After a hearing, if a proposed order is requested, it should be submitted within 24 hours (unless additional time is granted) through the online system as described in Section VIII.C, below.

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  3. Online Submission of Orders

    Do not submit proposed orders in anticipation of a hearing or trial unless requested.

    Proposed Orders should be submitted in Word Format through the Online Services System by visiting the 15th Circuit Court's Online Services page and click the online scheduling button. DO NOT SUBMIT/UPLOAD MORE THAN ONCE. Orders submitted online do not need a date or signature line, as the orders will be signed and dated electronically. Training videos have been created and posted on our Online Services page found here. Should you have questions concerning the system, email questions and feedback to cad-web@pbcgov.org.

    The submitting party should verify that all parties have reviewed and agreed to the language of the proposed Order prior to uploading it. The names and addresses of all persons receiving copies must appear in the Order pursuant to Administrative Order 2.306 (PDF).

    DO NOT submit competing orders online. If the parties cannot agree upon the language of the order they may mail competing orders to Chambers with a cover letter noting the points of disagreement and identifies the differences between the orders or have their dispute heard on the uniform motion calendar.

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  4. Service of Orders

    Envelopes with postage are now only needed for parties not on e-service. Alternatively, an order involving pro-se parties or others not on e-service may indicate that the party submitting the Order will serve them with a copy of the Order immediately upon receipt, as long as service is accomplished in time so not to prejudice the party being served. The order shall then be served the same day it is entered.

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  5. Final Order Formatting:

    All final orders that may be filed in the public records require 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. Rule 2.520, Fla. R. Jud. Admin. The Palm Beach County Clerk and Comptroller's Office automatically records certain documents in the official records. The following are examples of documents that will be rejected and returned if non-compliant:

    • Amended Notice of Appeal
    • Amended Final Judgment
    • Default Final Judgement
    • Final Judgment of Foreclosure
    • Final Judgment
    • Judgment
    • Notice of Appeal
    • Notice of Cross Appeal
    • Notice of Non-Final Appeal
    • Order of Dismissal
    • Verdict
    • Vacate Final Judgment

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IX. Settlement, Dismissal or Stay Of Cases

If your case settles, is voluntarily dismissed, or stayed, and there are future hearings or a trial scheduled on the Court's docket, PLEASE NOTIFY THE COURT IMMEDIATELY, so the time can be freed-up for other matters.

Dismissal papers must be uploaded to the Court's JVS system within 30 days of settlement or the parties shall report to the Court what is preventing the case from being closed out and when the parties anticipate it can be.

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X. Foreclosures

  1. Foreclosure Trials

    Notices of Foreclosure Trials must be filed with the Clerk's office. The Notice shall include the specific matters to be tried and an estimate of time needed for the trial. See Rule 1.440(b), Fla.R.Civ.Pro. The number of witnesses for each side should be included in the notice. See Rule 1.440(b), Fla.R.Civ.Pro. The completed Trial Form must be attached to the courtesy copy. If there is an opposing counsel, you 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. 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 or may be referred if a senior judge is available. 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.

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  2. Uncontested Summary Judgement Hearings in Foreclosure Matters

    Plaintiff's Uncontested/Default Motions for Summary Judgment are set for hearing in front of senior judges. Hearings lasting up to ten (10) minutes can be set via the Summary Judgment online scheduling system. These should not be set for UMC as a separate block of time is set aside specifically for these hearings. Motions for Deficiency Judgment, Re-foreclosure, Quiet Title and Defendant's Motions for Summary Judgment are not appropriate for Uncontested Summary Judgment Hearings.

    Once scheduled online (whether a Notice of Hearing has been issued or not), all summary judgment hearings may only be cancelled by Court Order. YOU CAN NO LONGER CANCEL A SUMMARY JUDGMENT HEARING ONLINE. To request a continuance or cancellation of a Summary Judgment hearing when the motion has not been resolved, you must appear at 8:45 Uniform Motion Calendar, prior to the hearing date to request the cancellation. The Order Canceling Summary Judgment hearing must reflect the date and time the matter is set for hearing. If there is an Agreed/Consent Final Summary Judgment, it should be entered on the Summary Judgment hearing date at the appropriate time. IN THE ABSENCE OF EITHER PARTY, THE FAILURE TO APPEAR FOR A HEARING MAY RESULT IN THE COURT GRANTING OR DENYING THE MOTION FOR SUMMARY JUDGMENT. No paperwork should be submitted prior to the hearing but must be presented as listed below at the hearing.

    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
    • Four sets of self-addressed and stamped envelopes, sorted, with the return address of: Clerk & Comptroller Palm Beach County, P.O. Box 4667, West Palm Beach, Florida 33402-4667
    • 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 (i.e. www.mypalmbeachclerk.clerkauction.com), time of sale (10:00 AM) and all other information as required by F.S. Section 45.031(2).

    Any Summary Judgment hearings that are contested and will take more than ten (10) minutes shall be set as a special set hearing in the assigned division and titled as a Contested Final Summary Judgment.

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  3. Motions for Disbursement of Surplus Funds

    If counsel represents the party, counsel must set motions for Surplus Funds for hearing with notice to all parties. The Notice must contain the following language:

    If you have received this order setting hearing, and you may be entitled to any surplus funds, you must file a Motion/Claim for Surplus, with the Clerk, within ten (10) days of the date of this order and mail a copy to the undersigned Judge at the address above and notice to all parties. Your claim will be heard at the above date and time. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

    If you are a homeowner and not represented by counsel, a form can be found at www.mypalmbeachclerk.com. At the search bar enter OWNER'S CLAIM FOR MORTGAGE FORECLOSURE SURPLUS. This form must be notarized and filed with the Clerk and Comptroller. The Judge will set the hearing after the Clerk and Comptroller provides notice to the Judge's chambers and will notice all parties. 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.

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  4. 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.

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  5. Appointment of Guardian Ad Litem/Administrator Ad Litem

    The 15th Judicial Circuit uses a wheel system for appointments of approved attorneys. At the Forms and Orders link to the right side of this web page you will find a standard proposed order form to submit with your motion for appointment. The section for appointment is to be blank for the Court to insert a name, address and phone number of the next person on the wheel.

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