V Divisional Instructions

Coronavirus Update

Please see Administrative Order 12.510 and Supreme Court Administrative Order AOSC20-15 in response to COVID-19.


E-Service

Judge Scher does participate in E-Service. The Court accepts Motions and Notice of Hearings via email in PDF format and Orders in Word Format. All emails must be sent to opposing counsel and indicate if the opposing objects or agrees to the proposed order. The Court will not accept any filing via email that is more than 15 pages long. If your motion is more than 15 pages you must mail it in.

Hearings

Effective immediately:  in preparation of all motion hearings, proposed orders must be submitted electronically prior to the hearing.  This includes Orders on Motions to Withdraw.

A Defendant's presence is required at ALL HEARINGS unless previously waived by the Court or by Court order and must be scheduled through the Court's Judicial Assistant. Please contact opposing counsel to see if the matter is agreed upon. If the parties still require a hearing, please email CAD-DivisionV@pbcgov.org and include the case number, the Defendant's name, the type of hearing needed and the amount of time needed.

All special set hearings (evidentiary hearings; hearings requiring testimony) requiring less than 15 minutes are set by emailing CAD-DivisionV@pbcgov.org to obtain available dates and times for hearing.

Motions requiring more than 15 minutes should be submitted to the Court with a cover letter or an email to the Court's divisional instructions stating how much time is requested for the Motion. The Judge will review and the motion and the judicial assistant will email the parties with available dates. Parties will be given several potential dates in order to coordinate with the other side. Once a date is agreed upon,moving party is to email the Judicial Assistant to set the date on the Judge's calendar. All motions be filed with the clerk of the court PRIOR to contacting the Judge's office for a hearing date. (Please do not send the original Notice of Hearing or original Motion to the Judge).

Please note that for all notices of Hearing, The American Disability Act Instructional Page must be either attached or included at the end of the notice.

Emergency Hearings

Requests or Motions for an Emergency Hearing are decided by the Judge. The Movant files a Motion for an Emergency Hearing with the Clerk of the Court. The Clerk will deliver the motion to the Judge's office and the Judge will then review the Motion and determine if it is a "true" emergency and if a hearing is warranted.

The term "emergency" encompasses the foregoing ex parte applications and other matters of extreme urgency, i.e., matters of life and death or instances of irreparable harm.  Pursuant to A.O. 4.101 only after the Emergency Motion has been filed with the Clerk of Court, counsel shall contact the Judicial Assistant prior to 4:00 p.m..

DEMAND FOR SPEEDY TRIAL and/or NOTICES OF EXPIRATION OF TIME FOR SPEEDY TRIAL

The Court shall be provided a courtesy copy of all FILED demands for speedy trial or notices of expiration of time for speedy trial. 

Proposed Orders - Submission of Orders as of 2-22-2021

In compliance with the Florida Supreme Court’s November 1, 2019 Administrative Order (AOSC 19-74), all orders shall be signed electronically by the court. Criminal Division “V” does not accept hard copies/emailed copies of Orders. Please submit your documents using the online services system for the Judge to review. All Orders for Criminal Division “V” must be submitted in Word format through the Online Scheduling (OLS) system. For further information, please review the procedures for submitting orders in the Division Instructions.

Submission of Orders as of 2-22-2021

Agreed Orders

Agreed Order must be submitted to the Court via the Online Scheduling System. The Order must say "Agreed Order on (Title of Motion)". Please copy and indicate that all parties have reviewed and agreed to the language of the proposed Agreed Order. The names, email and mailing addresses of all persons receiving copies must appear in the Agreed Order, pursuant to Administrative Order 2.306.

Please note: Do not send duplicate Orders in the mail or by email that have also been uploaded on the Online Scheduling System.

Orders Submitted Following a Hearing

If the Court directs an attorney to prepare and submit an Order after a hearing, the Order must state the date the hearing was held. All parties must have received and reviewed the Order before it is submitted on the Online Scheduling System. If parties are not in agreement with the form of the Order, that must be noted in the cover letter to the Judge.

E-Service for Proposed Orders

Criminal Division “V” electronically serves orders to attorneys/parties that have registered their primary and secondary e-mail addresses with the 15th Circuit. Please ensure that you have registered for judicial e-service.

NOTE: THE FILING OF A "NOTICE OF E-MAIL DESIGNATION DOES NOT REGISTER YOU FOR JUDICIAL E-SERVICE. YOU MUST REGISTER WITH THE 15TH CIRCUIT'S ONLINE SCHEDULING SERVICES. Failure to register may result in orders being sent by default to the email address on file with the Florida Bar.

Pursuant to Florida Rule of Judicial Administration 2.516(h)(1), Criminal Division “V” will serve all orders by "email to all attorneys who have not been excused from e-mail service in writing and to all parties not represented by an attorney who have designated an e-mail address for service."

All Motions to Declare Defendant Indigent for Costs with Private Counsel shall comply with A.O. 2.603

If you are including a Motion with your Proposed Order, only send the Judge's office a copy of the Motion. The original Motion must be filed with the Clerk.

Questions and Advice

We cannot give out legal advice on how to proceed with your case. If you have questions of a legal nature, or questions concerning how to proceed, please contact or visit the Self Help Center located on the First Floor, Room 1434 of the North County Government Center/Courthouse or on the Second Floor, Room 1.2500 of the Main Branch Courthouse located at 205 North Dixie Highway, West Palm Beach, FL 33401. In addition, the Palm Beach County Bar Association has available a Lawyer Referral and Information Service by calling 561-687-3266.