Please refer to the Divisional News page for Divisional Instructions and procedures of General Magistrate during COVID-19 Pandemic.
Uniform Motion Calendar:
Uniform Motion Calendar will be held weekly on Wednesdays from 8:30 a.m. to 9:30 a.m. for non-evidentiary matters only. Please submit a copy of the Motion and Notice of Hearing to the Magistrate's office five business days prior to the hearing, via U.S. Mail or email CAD-DORA-K@pbcgov.org. At the commencement of a Uniform Motion Calendar hearing, counsel for the moving party must present to the Magistrate the following: a signed copy of the Order of Referral (if applicable), a copy of the Motion to be heard, a copy of the notice of hearing, a proposed order with the appropriate number of copies to be conformed, and self-addressed, stamped envelopes. Counsel or pro se parties will be limited to five minutes each to present argument for or against the matter to be heard.
Evidentiary Hearing:
First, file your motion with the Family Division, Clerk of Court.
Next, if any non-child support issues are framed by your Motion, then an Order of Referral to General Magistrate is required for all the non-child support issues (including attorney's fees). If necessary, please prepare an Order of Referral and submit the Order of Referral for signature to the appropriate Circuit Judge.
Upon your receipt of a signed copy of the Order of Referral, do not request a hearing date until after the expiration of the time to file an Objection to the Order of Referral.
After the expiration of the time to file an Objection to the Order of Referral, submit a letter or memo to the appropriate Magistrate requesting a hearing and setting forth the amount of time you wish to have reserved for the hearing. Please include a date-stamped (Clerk's stamp indicating original filed with the Clerk) copy of your Motion. For non-child support matters please include a copy of the signed Order of Referral to General Magistrate. Requests for hearings may be submitted via email at CAD-DORA-K@pbcgov.org.
After our office receives your written request for a hearing along with the Motion and signed Order of Referral (and upon the expiration of the objection period), an email or telephone call will be placed to your office to schedule a hearing at our earliest convenience. We will request that you place a conference call to opposing counsel's office so that the hearing date and time can be coordinated with both counsel. Thereafter, please prepare a Notice of Hearing and submit to our office. If it has been over 2 weeks and you have not been contacted by our office, please call to check the status of your hearing request.
Commitment Hearing:
First, file your Affidavit of Non Compliance and Motion for Commitment with the Clerk of Court. Then, submit a letter or memo to the appropriate Magistrate requesting a hearing and setting forth the amount of time you wish to have reserved for the hearing. Please include a date-stamped (Clerk's stamp indicating original filed with the Clerk) copy of your Motion.
After our office receives your written request for a hearing along with the Motion, a telephone call will be placed to your office to schedule a hearing at our earliest convenience. We will request that you place a conference call to opposing counsel's office so that the hearing date and time can be coordinated with both counsels. Thereafter, please prepare a Notice of Hearing and submit to our office.
Trial:
To schedule a trial upon a Petition for Modification, file your Notice to Set Cause for Non-Jury Trial with the Clerk of Court. Mail a date stamped copy of the Notice to Set Cause for Non Jury Trial, along with a copy of the signed Order of Referral, if necessary. Please remember to include self-addressed, stamped envelopes for all parties or attorneys. Within a reasonable time frame, you will receive an Order Setting Case for Status Conference.
Cancellation of a Hearing:
Prior to the date and time of the hearing, file a Notice of Withdrawal of the Motion scheduled for hearing or submit an Agreed Order disposing of the Motion scheduled for hearing. Our office must receive a copy of the Notice of Withdrawal or the Agreed Order Cancellation prior to the hearing. Only the party who sets the hearing may cancel the hearing.
At the Hearing or Trial:
Please bring two self-addressed stamped envelopes.
Please pre-mark all exhibits and exchange exhibits with opposing counsel.
We do not require that you bring a proposed Order or Report, whichever is appropriate, to the trial or hearing; however, the submission of a proposed Order or Report will be helpful to the timely resolution of the matter.