Welcome to Division FA Instructions

FAMILY DIVISION FA INSTRUCTIONS

Updated November 25th , 2024

 

UMC Hearing Link: 8:45AM

https://us02web.zoom.us/j/95533239894

Meeting ID:  955 3323 9894

 

Special Set Hearings Link

https://us02web.zoom.us/j/85933488195?pwd=TmN3b3kyRE93R0hGSlFmTEE1NGxlUT09

Meeting ID:  859 3348 8195

Passcode: 014367

 

Case Management Conference (CMC) FRIDAYS 9:30AM

https://us02web.zoom.us/j/88528727100?pwd=Nkw2M3NlWnJMdmlwbFJteSszVUNCdz09

Meeting ID:  885 2872 7100

Passcode: 663658

 

Hearings held by Zoom 

  • UMC (Uniform Motion Calendar) Hearings
  • Case Management
  • Lack of Prosecution hearings
  • Uncontested final hearings with Attorneys
  • Hearing time requests for Special Set hearings.
  • Special Set hearings Under 30 minutes in length

Online Scheduling for UMC hearings:  Click on the link Online Services and follow the directions. Click the Link Here: Online Services

 

Important Instructions for All Hearings

ATTIRE: ALL LITIGANTS are expected to dress professionally, even if the hearing is conducted by Zoom.

ALL evidence/exhibits should be mailed or hand delivered.

ALL In-person hearings: Physical exhibits must be pre-marked with Date, case number, exhibit number, check box or line “Admitted into Evidence Yes or No” and whether item comes from Respondent or Petitioner

ALL NOTICE OF HEARING(S) Must clearly state the title of Motion Hearing being heard and the Docket Entry

Proposed Orders: please send all proposed orders and final judgments via OLS no later than day  before the hearing. Courtesy copies of motions for UMC, special set hearings, memorandums, and case authority shall be printed and sent via US Mail or Carrier five (5) business days before hearing to avoid possible cancellation by the court.

I. Self-represented Litigants

  1. Self-represented litigants, MUST file an designated an email address. It is important for litigants not represented by counsel to fill out and file with the Clerk an email designation form [15thcircuit.com]. This will allow the Court to submit orders to the parties via email instead of sending by the U.S. Postal Service, which will greatly reduce the time for communication from the Court.
  2. Parties are to attend mediation prior to setting a case for trial. Please e-mail CAD-MediationRef@pbcgov.org or call 561-355-2739 to be connected to your mediator. See Mediation. After mediation, a final hearing can be set by filing a proper "Notice for Trial" or Request for Final Hearing. After review of the file confirming all requirements are met an "Order Setting Final Hearing" will be provided by email. To schedule a hearing on a Motion, proper notice to all parties is required. The Court may set a hearing on your motion if it is in compliance with the Rules by providing an Order with the hearing date and time by email.
  3. Family Case Managers provide procedural assistance to the self-represented litigants, not legal advice. Please do not share with Court staff any facts or details about your case or call to schedule, reschedule or cancel a hearing or other Court events. Any request from the Court must be in form of filing a proper motion with proper notice to all parties. See Florida Court's Website or any of the Self Help Centers at the Courthouse locations. FA Case Manager, Lisset Pino contact information is (561) 355-1773.
  4. Email communications with the Judicial Assistant are limited to scheduling matters. You must copy all parties on communications with the Court; no ex-parte communications will be considered. Please do not provide proposed orders, exhibits, or filings to the Court email. If you are making a request to the Court, you must file a motion, which shall be provided to all parties and upload the same as an exhibit with a proposed form order by OLS.
  5. In an emergency, you can contact chambers by email to the Judicial Assistant at CAD-DivisionFA@pbcgov.org, copy all parties and upload a proposed form order with a copy of your emergency motion as an exhibit by OLS.
  6. The following email address should be used for e-mail service to the Court regarding scheduling inquiries: CAD-DivisionFA@pbcgov.org and copy to all parties ONLY.
  7. Please do not submit any documents via "E-Courtesy."
  8. Please do not email or upload proposed notices of hearings to be signed by the Judge as you are required to file the same in the case docket.
  9. Do not provide copies of case law by attachment, but reference all legal authority in a proposed order by OLS. All proposed orders must be sent to the other side so they may agree or object to the same.
  10. Litigants must bring your own translator if you don’t speak English.
  11. If you have any questions regarding your adoption case, send an e-mail to centraladoptions@pbcgov.org.
  12. For questions regarding domestic violence matters please contact the Domestic Violence Division at (561) 355-4506. All hearings are set through the Clerk of Court.
  13. List of parenting course providers. from Florda Department of Children and Families.

Post Judgment and Child Support Matters

  • All post judgment and child support matters are to be referred or assigned to the General Magistrate.
  • Post judgment matters, other than those dealing with child support, require an Order of Referral to Magistrate.  The Order of Referral must include the date of filing, the specific Magistrate assigned, and the hearing room number of the Magistrate listed immediately above the style of the case.
  • Order of Referral to General Magistrates are to be sent directly to the Magistrates for review.  Please review the Magistrates Webpage for the instructions on submitting proposed Orders via OLS.
  • Please see Administrative Order 5.104 regarding Appointment of Magistrates Unified Family Court Cases.
  • Please visit the General Magistrates' page on the court's website for additional information regarding the Magistrates' instructions, phone numbers and procedures.
  • Order of Referral to General Magistrates are to be sent directly to the Magistrates for review. Please review the Magistrates Webpage for the instructions on submitting proposed orders via OLS.

Paternity and/or Dissolution Agreements

  • Paternity and/or Dissolution Agreements will need to be set for a final hearing on the UMC Calendar. The court will not adopt Paternity Agreements or Marital Settlement Agreements without the hearing. Both parties are expected to be in attendance.

Uniform Motion Calendar (UMC)

  • Follow the Admin Order 5.201-6/19 when setting your UMC hearings.
  • Tuesday through Thursday, 8:45 a.m. – 9:15 a.m., in Courtroom 6D. Scheduling is coordinated  between the parties. The hearings are not scheduled with the Judicial Assistant.
  • Attorneys can appear via Zoom.
  • The Court will only allow a maximum of 3 (three) motions in one given case to be set.
  • No contested evidentiary hearings which includes default final hearings.
  • Uncontested final hearings in dissolution, paternity and name change cases will be heard during UMC.
  • parties must give five days notice to opposing counsel or pro se litigant (unless short notice agreed by parties).
  • Judge Shull will review all motions scheduled for UMC prior to the hearing..
  • DO NOT SET TEMPORARY CUSTODY CASES ON UMC CALENDAR IT IS A SPECIAL SET HEARING.
  • PLEASE UPLOAD THE PROPOSED ORDER(S) THE DAY BEFORE THE UMC HEARING.

If you resolve your motion prior to the hearing date, please notify the Judicial Assistant via email, file notice of cancellation and send agreed order via the OLS ( Online Scheduling)

Uncontested Dissolutions of Marriage

  • Ensure ALL required documents are filed with the Clerk of Courts (Fla. Stat. §§61.052(7), (8); 61.21(4); Fla. Fam. L.R.P. 12.285(d)(j) before a hearing is scheduled.
  • Confirm notice required by Fla. Fam. L.R.P. 12.440 and Fla. Stat. §61.19
  • Upload proof of residency Fla. Stat. §61.052(2)
  • PLEASE UPLOAD THE PROPOSED ORDER(S) THE DAY BEFORE THE UMC HEARING.

Domestic Violence Hearings

No Domestic Violence matters may be set on the Uniform Motion Calendar. All motions are to be filed with the Clerk in the Domestic Violence Division. The motion will be forwarded to the Judge for review. The Judicial Assistant cannot cancel or change hearings. For questions regarding domestic violence matters you need to contact the Domestic Violence Division at 561-355-4506.

Special Set Hearings

The Judicial Assistant will special set hearings after the parties have attended a 5 minute status conference set by the parties on the UMC calendar. The parties must upload a proposed order setting the hearing. Hearing times for special set hearings are set in 15 minute increments for a maximum of 30 minutes per case per day. If there is a substantial need for more time the request must be made at a status conference on the UMC. Except for Temporary custody, ALL the motions in special set hearings,  must go to MEDIATION before the special set hearing occurs. This is Mandatory.

Special set hearings cannot be cancelled except by further order of the Court. Orders must be uploaded through OLS specifically stating good cause for the cancellation in the proposed form of order.

RE-Open cases ALL re-open pleadings must be referred to the General Magistrate. If the GM is objected to and the party askes the Court for a Special set hearing time at a UMC, the Motion to set must contain the re-opened pleading docket entry, the referral to Gen. Mag. Docket Entry and the Objection to the GM Docket entry. TO GET A SPECIAL SET HEARING IN A RE-OPEN CASE this procedure must be followed or the Court will deny the Special set hearing date.

Evidentiary Hearings

The Court intends to handle evidentiary hearings by video whenever possible, however, this will require the highest level of professionalism and cooperation between opposing counsel and parties.  No less than five days prior to each hearing, the parties must exchange all proposed exhibits which they intend to reference during the hearing. Each proposed exhibit must be pre-marked for identification to identify the exhibits numerically.

Temporary Relief Hearings

  • The Judicial Assistant will special set hearings after the parties have attended a 5 minute status conference set by the parties on the UMC calendar. The parties must upload a proposed form of order as indicated below in the motions section.
  • Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled Administrative Order 5.207.
  • Following mediation, if parties are unable to reach an agreement, temporary relief hearings may be set via the Division FA online calendar.
  • Hearings are limited to a total of thirty (30) minutes. Administrative Order 5.207 unless permission granted by the Court.
  • Follow instructions for Special Set Hearings
  • Notice of Unavailability are required to be filed on all cases.
  • If more time is needed, please email the JA and the court will consider the additional the request.

Emergency Motions

Motions for Emergency Hearing should be filed with the Clerk's e-portal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Judge Shull will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record. Please do not call the Judicial Assistant to bypass this process.

Notice/Motion to Set Cause For Trial

  • Original notice/motion to set cause for trial is filed with Clerk's office
  • Please adhere to all instructions in Administrative Order 5.209
  • Judge must receive a courtesy copy of the notice for trial and copies of all current Notice of Unavailability for both sides.
  • In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party
  • Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
  • The original notice must be filed with the Clerk. A courtesy copy should be emailed to CAD-DivisionFA@pbcgov.org. Trial Orders are served via email to all parties registered for e-service.
  • Notice of Unavailability are required to be filed on all cases.
  • Uniform Pre-Trial Procedure
    1. All parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses within forty-five (45) calendar days prior to the first date of trial.
    2. Within thirty (30) days prior to the first day of trial, the parties shall exchange lists of names and addresses of all rebuttal witnesses.
    3. In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties shall provide:
      1. the subject matter about which the expert is expected to testify;
      2. the substance of the facts and opinions to which the expert is expected to testify;
      3. a summary of the grounds for each opinion;
      4. a copy of any written reports issued by the expert regarding this case; and
      5. a copy of the expert's curriculum vitae.

Service and Preparation of Judgments And Orders

  • FINAL JUDGMENTS and Orders will be e-filed to all parties or mailed if there are pro se litigants or attorneys without e-service.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • All Final Judgments must have a 3X3 inch space on the top-right-hand corner for recording purposes.  The Clerk will not docket or record the Final Judgment without this space.
  • Proposed Final Judgments and/or Orders should be submitted via the OLS ( Online Scheduling), in Word format and PDF format for Attachments, within five (5) days following the hearing, if not before the hearing.
  • Proposed order should always  specify the date of the hearing.

Adoptions 

  • All adoption  statutory requirements must be met before a final hearing will be set. Termination of Parental Rights (TPR) Final Hearing requests must be put in writing to the Judge and are set by the Judicial Assistant once all requirements have been met
  • Staff Attorneys review all adoptions  (No hearings will be set until reviewed by Staff Attorney)
  • A status order from the Court may be issued to the parties
  • Following all requirements being met by the parties, the Judicial Assistant will contact the attorney/party(ies) to schedule a final hearing
  • If you have any questions regarding your adoption case, send an e-mail to: centraladoptions@pbcgov.org

Court Interpreters

Interpreters will use a headset system where the interpreter will interpret in real time so as not to impede the proceedings by stopping and waiting for the interpretor.

Self-Represented Parties (Pro Se)

If you are a self-represented litigant and wish to request a final hearing, you must first file a proper "Notice for Trial" or a Request for Final Hearing in your case. The Self-help service center 561-355-2962 on the first floor of the Main courthouse may assist you with the forms. Once the Notice for trial or request for final hearing has been filed your case will then be reviewed by the Court to ensure all requirements for a final hearing have been met. If your case is ready for a final hearing, you will receive an "Order Setting Final Hearing" via mail/email (if you have designated one). For a list of required documentation in each case, you may wish to visit the Florida Court's Website or any of the Self Help Centers at the Courthouse locations.

If you wish to schedule a hearing on a Motion, you must first file the Motion in your case with proper notice to all parties. The Court will review your Motion and if deemed appropriate, will schedule a hearing in your case. If so, you will receive an Order with the hearing date and time.

Please note the Family Case Managers provide procedural assistance to the self-represented litigants. However, they cannot provide any legal advice. Please do not call the case managers to share any facts or details about your case or to schedule, reschedule or cancel a hearing or other court events. The case managers do not have any authority to make decisions in your case. Any request from the Court must be in form of filing a proper motion with proper notice to all parties to avoid ex-parte communication.

Please note the Court does not act on letters, notes, or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, and send a copy to the opposing side.

Family Law Forms

Family law forms can be found on the Florida Supreme Court Family Law Forms Website.