15th Judicial Circuit of Florida

Divisional Instructions and Procedures

CAD E-MAIL ADDRESS: CAD-SCHROOMD@PBCGOV.ORG

The Divisional Email Address is for limited communication as detailed below. Do NOT attempt to communicate with the Magistrate's Office by email for any reason, unless you are expressly authorized to do so by the General Magistrate or the Magistrate's Assistant. E-mails will only be accepted if approved by the General Magistrate or the Magistrate's Assistant. Under no circumstances should the divisional email be used for purposes of copying the Court on any email communications between counsel/parties on any matter not related to scheduling a hearing with the Court, unless expressly permitted by the Magistrate's Assistant.

Orders of Referral and Scope of Jurisdiction of the General Magistrate

All authorized matters in FX, IZ, and Even Case Numbers In FZ.

The assigned General Magistrate will solely preside over all matters related to a motion or petition which is referred without objection including, but not limited to, discovery matters; dismissal motions; continuances; motions for temporary relief; motions for child testimony; motions to appoint guardian ad litem; parenting coordinator; social investigations; motions to appear telephonically; and motions to withdraw.

If an amended motion or pleading is filed raising new substantive non-child support matters, an Amended Order of Referral is required.

"No Referral" List:

Prior to scheduling any Unified Family Court Hearing be certain to check the "No Referral" List contained in Administrative Order 5.104-5/09 (D)(2) to ensure that the matter referred is appropriate for hearing by the General Magistrate.

For Non-Child Support Matters

For non-child support matters, the General Magistrate may only hear cases where there is an Order of Referral. See Florida Family Law Rules of Procedure Rule 12.490. If the movant is represented by Counsel, it is Counsel's responsibility to submit an Order of Referral with the following:

The specific title of the pleading or motion;
The name of the party filing the motion or pleading;
The date the motion or pleading was filed; and
The assigned hearing room number listed immediately under the Case Number and Division.

For Child Support Matters Including Child-Related Expenses

For child support matters, including child-related expenses, an Order of Referral is NOT required under Rule 12.491 and should not be issued per Administrative Order 5.104. However, if Counsel is requesting attorney's fees, an Order of Referral must be submitted as to that issue alone. That Order of Referral must state that attorney's fees are the sole subject of the Order of Referral.

Objections to Order of Referral

Any objection to an Order of Referral to a General Magistrate shall be provided by the party filing the objection to the General Magistrate to whom the referral was made, or in the event of a preemptory objection, to the General Magistrate to whom the referral would have been made. The General Magistrate will prepare a proposed Order on the objection for the Circuit Judge who will rule upon the objection in writing. See Administrative Order 5.104.

Matters that Shall Not Be Referred to the General Magistrate

Please see Administrative Order 5.104(D)(2) to ensure that the matter referred is appropriate for hearing by the General Magistrate. View AO 5.104

Submission of Proposed Reports/Orders/Judgments

All proposed Orders, Judgments, and Orders of Referral must be submitted to the Magistrate via the Court's Online System (OLS) in WORD FORMAT. The same will NOT be accepted via email. Go to the website for the 15th Judicial Circuit and select "View All Web Applications," then "Online Services" and then enter your login.

Electronic Submission of Documentary Evidence (i.e. Exhibits)

If you wish to introduce documentary evidence to the General Magistrate in the form of exhibits at your hearing or Non-Jury Trial please comply with the following procedure.

Documentary evidence includes any papers, photographs, or other items that can reasonably be shared electronically.

If the documents comprising your exhibits total 10 pages or less, then submit at least 7 days prior to the hearing or Non-Jury Trial. Attorneys and self-represented parties shall submit the documents in electronic format to the General Magistrate's Office through the CAD-Box at CAD-SCHRoomD@pbcgov.org.

If the documents comprising your exhibits exceed 10 pages, then you must submit hard copies of the documents to the General Magistrate's office by mail at least 7 days prior to the hearing or Non-Jury Trial.

You must send these documents to the opposing party at the same time you submit same to the General Magistrate, in the same method as submitted to the General Magistrate. If the documents have not been submitted to the other party then the evidence will not be considered by the General Magistrate. Please be cautioned that the electronic submission of these documents is being permitted under the "emergency" process triggered by the Coronavirus Pandemic. Your submission of the documents to the General Magistrate does not guarantee the admissibility of same into evidence and each party is required to lay the appropriate foundation for the admissibility of each piece of evidence under the Florida Rules Of Evidence. Finally, you are cautioned that confidential information (such as Bank Accounts and Social Security Numbers, etc.) should be removed from documents provided to the Magistrate as required by Fla. R. Jud. Admin., Rule 2.420(d).

If the parties attempt to comply in good faith with these instructions governing the submission of documentary evidence but technological issues prevent a meaningful submission or review of the evidence through remote means, the General Magistrate may in her discretion may continue or reset the evidentiary hearing or Non-Jury Trial to ensure that due process is complied with.

Uniform Motion Calendar- UMC hearings (Scheduled online):

Uniform Motion Calendar hearings may be conducted by telephone or video-conferencing. The parties do not need to request the Court's approval to schedule a UMC hearing via zoom, they may do so by simply including the below Zoom information in your Notice of Hearing and a courtesy copy must be sent to the Magistrate via the Cad-email: CAD-SCHROOMD@PBCGOV.ORG.

Uniform Motion Calendar is held on Wednesdays from 8:45 a.m. If a matter takes more than 5 minutes per side or requires the presentation of evidence, then it should be specially set and not placed on the UMC Calendar. The piggybacking of multiple motions should be avoided.

The Magistrate is now using Online Scheduling for UMCs.

To access online services from the 15th Circuit Website's home page click View All Web Applications under Circuit Web Applications then click online services to begin using. Or click on the link below.

Online Services

Instructions for all UMC are as follows:

All UMC Hearings with parties represented by Counsel MUST be scheduled through Online Services (OLS).
UMC Hearings may be conducted either remotely via Zoom, in-person or hybrid (zoom and in-person). The Notice of Hearing MUST indicate which method will be utilized.
Uniform Motion Calendar will be held weekly, every WEDNESDAY at 8:45 AM
Parties shall ensure compliance with Administrative Order 5.201-6/19 prior to scheduling a hearing on UMC. View AO 5.201
Scheduling is solely between the parties and/or self-represented litigant. UMC hearings are not scheduled with the Magistrate's Assistant.
UMC hearings must be scheduled no less than five (5) business days prior to the hearing date (unless short notice is agreed by the parties and General Magistrate).
All UMC hearings must include the full name of the Motion being heard and the filing date of the Motion.
No evidentiary hearings will be heard on UMC.
The Magistrate reserves the right to cancel any UMC hearings that the Magistrate determines is not appropriate for UMC
Self-represented litigants may provide courtesy copies of their UMC motion(s) and notice of hearing to the Court via divisional email: CAD-SCHROOMD@PBCGOV.ORG, or US Mail.
If there is an urgent non-evidentiary matter, parties may also contact the Magistrate's Office to request a special set hearing.

UMC Zoom Meeting Information

Meeting Link: Zoom Link

Meeting ID: 819 0643 0757
Passcode: 112233

AUDIO ONLY: by calling:

US Toll-free 877-853-5257
US Toll-free 888-475-4499

When prompted enter, Meeting ID: 819 0643 0757; Passcode: 112233

Requests for Evidentiary Hearings and/or Trials

ALL EVIDENTIARY HEARINGS AND NON-JURY TRIALS ARE SET ONLY THROUGH THE MAGISTRATE'S ASSISTANT. DATES ARE NOT AVAILABLE VIA OLS.

All requests for special set hearings, evidentiary hearings and Non-Jury trials must be in writing and sent to the Magistrate's Office via email at CAD-SCHROOMD@PBCGOV.ORG. You must copy the opposing party or opposing counsel on your email request. Your Notice/Motion must be filed and docketed with the Clerk before hearing dates will be provided or will be set. Your written request must include the motion/petition to be heard with the date filed with the Clerk and a copy of said motion/petition, the estimation of time necessary to hear the matter and a copy of the Order of Referral, if necessary, and a copy of the notice of unavailability that has been filed with the court. The Magistrate's staff will make every effort to contact the parties to schedule a hearing. Please note that the Magistrate's Office may, from time to time and as the circumstances require, schedule hearings without coordinating it with the parties or their counsel.

Caution: If the General Magistrate's J.A. calls you and you fail to call back and respond after her second documented attempt to contact you, your Motion will be deemed abandoned and a Memo to the Clerk memorializing your failure to respond will be placed in the Court file without further action being taken by the General Magistrate.

Non-Jury Trials:

A Non-Jury Trial will be scheduled by the General Magistrate as part of the case management process when a Notice to Set Cause for Trial is filed by counsel. Please be certain to include an accurate time estimate, any vacation or trial conflicts, and two sets of pre-addressed, stamped return envelopes for each party. As for pro se Non-Jury Trials, same are scheduled in coordination with the Family Division "FX or, FZ" Case Managers that advise the General Magistrate whether-or-not cases appear ripe for Non-Jury Trial. In addition, during the course of another matter when review of the Court file reflects that the case is ripe for Non-Jury Trial, the General Magistrate may sua sponte schedule same for Non-Jury Trial. The General Magistrate will issue an Order Setting Final Hearing and Implementation of Uniform Pretrial Procedures in connection with all Non-Jury Trials.

Exhibits:

An appropriate number of exhibits for submission to the Court and for the opposing party should be copied and prepared in advance of hearing or non-jury trial. It is not the obligation of the General Magistrate or her staff to provide photocopy services at hearing or non-jury trial.

General Magistrate's "Global" Jurisdiction:

Once an action for non-jury trial or motion is referred to the General Magistrate all discovery issues, procedural motions/matters, motions in limine, etc., as well as any motion for continuance is to be heard by the General Magistrate not the Circuit Judge. It is the function of the General Magistrate to alleviate and assist in the Circuit Judge(s) caseload, part and parcel of which is the global disposition of all ancillary motions/issues pertaining to the underlying action or motion previously referred.

Emergency Hearings:

If a matter is emergent, as defined by case law and the Circuit's Local Rules, then, by definition it is not appropriate for referral to General Magistrate but should be referred to the presiding Circuit Judge for processing and immediate action. If the Circuit Judge deems same non-emergent and refers it to a General Magistrate it shall be set in the normal course.

Civil Contempt/Enforcement Hearings:

If a Party wants to submit documents at the time of the hearing for the Court's consideration, then that Party shall bring THREE (3) COPIES of that document; one for the Court and one for the other Party. If a Party is seeking enforcement of child support, alimony, health insurance premiums, medical expense reimbursement, day care/summer camp costs, etc, which are NOT paid through the State Disbursement Unit (SDU) in Tallahassee, then the Party seeking enforcement shall prepare a detailed organized, itemized, and summarized statement for the Court and opposing party indicating the total of the items that has been paid, what has not been paid, and what if any reimbursement is due. Said Party shall also provide the Court and opposing party with a copy of the supporting bills, canceled checks, credit card receipts, etc.

If the motion only involves child support, then each party shall bring a stamped envelope to the hearing. If the motion involves anything other than child support, then each party shall bring two stamped envelopes.

Notices of Hearing

All Notice of Hearings must include the ADA language pursuant to Administrative Order 2.207, and Review and Recording language per Florida Family Law Rules of Procedure Rule 12.490(d)(4) and (5). Matters shall be heard before General Magistrate Diane Kirigin, or her successor or alternative General Magistrate. If a special set hearing was requested and the matter is set to be heard via Zoom, please request the Zoom information from the Magistrate's Assistant to include in your Notice. Matters set to be heard in person shall take place at the South County Courthouse, 200 West Atlantic Avenue, Hearing Room# D, Delray Beach, Florida 33444. For Notices of Hearings on contempt motions, please include contempt language required by Florida Family Law Rules of Procedure Rule 12.615(b) and Florida Family Law Form 12.961.

Continuances

Cases will be continued only upon the filing of motion that has been signed by the party and set for hearing. The moving party must request a date from the Magistrate's Assistant via email at CAD-SCHROOMD@PBCGOV.ORG". However, if it is the first request for continuance and the continuance is agreed, then the moving party may file a stipulation signed by both counsel and their clients, and submit a proposed agreed order that includes a new hearing date on the matter, or status conference date to reset the motion hearing/final hearing date. All further requests for continuance will be considered only by motion and hearing.

Cancellations

Cancellations may occur under either one of the following mechanisms:

By submitting an Agreed Order that resolves the pending matter; or
By filing a Notice withdrawing the pending motion or by filing a Notice of Voluntary Dismissal of the pending petition.

A hearing may be cancelled by submission of an agreed order that resolves the pending matter, or the filing of a notice that the motion or petition has been withdrawn. A Notice of Cancellation should also be filed.

Language Interpreters

The Court does not furnish interpreters for non-DOR family division proceedings for a party or a witness. It is the party's responsibility to make arrangements before the hearing or trial. The interpreter cannot be a friend or family member and must be Court certified.

Service of Documents on Self-Represented Parties:

Unless the self-represented party has filed a Notice of Email Designation with the Court for electronic service, or the self-represented party had electronically filed pleadings with the Court via the E-filing Portal, the Court requires all documents to be furnished to self-represented parties via U.S. Mail.

Self-represented parties should immediately advise the Clerk of the Circuit Court of any changes in their address. Failure to update addresses in writing shall not serve as a lack of notice or due process defense.

Pro Se Litigants

Any Order or Notice Setting Hearing you prepare should have attached to it the form INSTRUCTIONS TO LITIGANTS/COUNSEL FOR CIVIL CONTEMPT/ENFORCEMENT HEARINGS and NOTICE TO ALL PARTIES IN UNIFIED FAMILY COURT.

Closure/Disposition of Motions And Modification Actions

Any "Agreed Order" or "Agreed Judgment" disposing of a pending MOTION or SUPPLEMENTAL PETITION should in its title and the body thereof direct the Clerk of the Circuit Court to report the MOTION or SUPPLEMENTAL PETITION as "CLOSED" for statistical reporting purposes. Likewise, a FINAL DISPOSITION form should accompany the closure of all modification actions.

Exceptions and Motions to Vacate

Exceptions

The original Exceptions should be filed with the Clerk of the Circuit Court and a courtesy copy furnished to the General Magistrate for her reference, review, and corrections, if any. If the General Magistrate does not think any action needs to be taken on the Exceptions, to correct or amend the Report, then she will submit a copy of the Exceptions, her Report and proposed Order to the Judge for action, along with a copy of the cover memo being furnished to the Counsel of record, and if none, the opposing party. Upon receipt of your copy of the Memo, it is the Counsel's obligation to contact the presiding Judge to schedule the Exceptions Hearing. Make certain that the Circuit Judge is furnished with either the Hearing transcript or C.D. tape/transcript within the timeframe in advance of the hearing pursuant to the Florida Family Law Rules Of Procedure, Rule 12.490. You can obtain the CD tape/transcript by contacting the Court Reporters Office at (561) 355-6526.

Motions to Vacate

The original Motion to Vacate should be filed with the Clerk of the Circuit Court and a courtesy copy furnished to the General Magistrate for her reference and review, and corrections, if any. If the General Magistrate does not think any action needs to be taken on the Motion to Vacate, to correct or amend the Recommended Order, then she will submit a copy of the Motion to Vacate to the Judge for action, with a copy being furnished to the Counsel of record, and if none the opposing party. Upon receipt of your copy of the Memo it is the Counsel's obligation to contact the presiding Judge to schedule the Motion to Vacate Hearing. Make certain that the Circuit Judge is furnished with either the Hearing transcript or tape within the timeframe in advance of the hearing pursuant to the Florida Family Law Rules of Procedure, Rule 12.491.

Facsimile Use

On occasion for emergent or other reasons the General Magistrate will authorize the use of facsimile communication when in Court or through her Judicial Assistant. This authorization is limited to the matter authorized only and for no other purpose and such authorization should not be abused.

Notice to Payors

Effective July 1st, 2005 the Clerk of the Circuit Court transferred the obligation for preparation of Notices to Payor. This is the document which is served on the obligor's payor/employer, together with a copy of the controlling Income Deduction Order, to facilitate wage garnishment. When any Order establishing, modifying or enforcing child support and/or alimony is going to be wage garnishment is going to be effectuated, it is the obligation of Counsel to prepare the Notice to Payor, to prepare the U.S, Postal Service form 3811 green card and postage to the Court (or General Magistrate) to sign and mail. Once the card is received by the obligor's payor/employer the proof of receipt {i.e. the signed form 3811 green card} should be filed with the Clerk of the Court to evidence service.

Status Inquiries

Do not have a party client or that person's spouse, significant other, parent or friend call to inquire about the status of a pending ruling or otherwise discuss the status of a Report or Recommended Order. No inquiry should be made by Counselor Counsel's staff as to the status of a matter earlier than 60 days from the date of hearing, unless the matter has been deemed emergent by the General Magistrate and a date in advance of 60 days for completion of the Report or Recommended Order has been promised by the General Magistrate.

General Courtroom Conduct and Behavior

All Court proceedings shall be conducted with dignity, decorum, courtesy and civility.
The use of cellular telephones, pagers, iPods, video and voice recording devices, PDAs and other forms of electronic equipment are prohibited in the hearing rooms. All cellular telephones and pagers must be turned off prior to entering the hearing room. Failure to comply with this order may result in the initiation of contempt proceedings against you by the Court.
Children in Court: Pursuant to Rule 12.407, of the Florida Family Law Rules of Procedure: "No minor child shall be deposed or brought to a deposition, to court to appear as a witness or to attend a hearing, or be subpoenaed to appear at a hearing without the entry of a prior order of the court authorizing same, based on good cause shown unless in an emergency situation."
The Clerk of the Circuit Court has a Self-Service Center located at the Palm Beach County Judicial Complex, 205 N. Dixie Highway, Room 2.2200, West Palm Beach, FL 33401, and in the Clerk's offices at each annex or satellite location where you can purchase forms and can make an appointment to speak with an attorney who can answer some questions and offer legal guidance; however, the center's staff is neither your attorney, your legal advisor, nor your office support staff.
Contact with Judges, General Magistrate and Hearing Officers' offices. A Pro Se Litigant is authorized to contact the judicial officer's office by telephone on matters related to the Court's schedule and attendance in Court. There is no other authorized purpose to contact the judicial officer's office. Visiting the judicial officer's office is not permitted because it disrupts the working routine in the office. Judicial and legal assistants assist judicial officers. It is not their duty to either listen to the parties about the facts of their case or their complaints, or give advice on what to do.
All requests to speak to the judicial officers on the telephone or have a private conference will be refused. Letters written to the judicial officers which offer or seek to discuss evidence in the case or attempt to influence the judicial officer's decisions in the case are strictly forbidden by ex parte rules governing verbal and written communication.
The role, function of, and limitations on General Magistrates is specifically described in Rule 12.490, Florida Family Law Rules of Procedure.
The role, function of, and limitations on Child Support Hearing Officers is specifically described in Rule 12.491, Florida Family Law Rules of Procedure.