Personal Injury Protection (PIP) Procedure
Effective March 19, 2018
(Last updated 6/14/18)
In order to provide for a more unified approach and to effectuate a savings for the parties, their attorneys and the County Civil Bench in the form of judicial economy; the following changes will take effect beginning March 19, 2018. All small claims PIP cases in the Main Judicial Complex will be scheduled for a unified PIP pretrial docket. A similar procedure for cases filed in the South County Annex will become effective on April 6, 2018 with the first PIP pretrial conference docket occurring on May 1, 2018. Any PIP case filed in the South County Annex and scheduled for the May 1, 2018 PIP pretrial conference or any conference thereafter must comport with the following procedures. There will be no scheduling changes to the County Civil Pretrial Conference dockets in the North County and Belle Glade Annexes; however, the following procedures will still apply. The unified dockets will be presided over by a County Civil Judge on a rotating basis. Upon the completion of the pretrial conference or entry of an order approving stipulation on the Clerk’s docket, the matter shall revert to their original divisions. For all divisions the following policies shall be instituted:
Appearances at all pretrial conferences are mandatory for all parties. Exceptions to mandatory appearance at the pretrial conference are:
- An order approving an Agreed Waiver of Appearance at Pretrial Conference and Stipulation to Invoke the Rules of Civil Procedure has been signed by the Court and is reflected on the Clerk of Court’s docket; or
- By the Defendant where the docket does not affirm service of process;
- Failure to effectuate service or proof of non-service will not excuse the attendance by the Plaintiff or their counsel at the pretrial conference.
PIP Pretrial Conference Disposition Order:
Pretrial disposition sheets will no longer be used for PIP pretrial conferences. A PIP Pretrial Conference Disposition Order shall issue and be served electronically. View/download of the sample of the PIP Pretrial Conference Disposition order.
Agreed Waiver of Appearance at Pretrial Conference and Stipulation Invoking the Rules of Civil Procedure:
- Prior to submitting an Agreed Waiver of Appearance at Pretrial Conference and Stipulation Invoking the Rules of Civil Procedure through the dedicated portal, counsel for the defendant must file their Notice of Appearance with the Clerk of Court.
- Generic stipulations to waive appearance at the pretrial conference and to invoke the Rules of Civil Procedure will no longer be accepted unless it substantially complies with the following form. Submissions not substantially complying with the form provided or containing insertions or omissions not approved by the Court will be rejected and appearance at the pretrial conference will not be waived.
|Download PDF of the form.||Download Word document of the form.|
- Upon submission of the proposed Joint Waiver and Stipulation as instructed, the submitting party will be prompted to generate a proposed Order on Agreed Waiver of Appearance at Pretrial Conference and Stipulation to Invoke the Rules of Civil Procedure. The Court will review both submittals for compliance. Where applicable the proposed Order on Agreed Waiver of Appearance at Pretrial Conference and Stipulation to Invoke the Rules of Civil Procedure will be signed by the Court and will be served electronically. View/download a sample of the order. A scheduling order will also issue simultaneously.
- Effective March 19, 2018 in the Main Judicial Complex and April 6, 2018 in the South County Annex, any stipulation or waiver must be approved and made an order of the Court. No PIP case shall proceed under the Rules of Civil Procedure without signed judicial consent. It is no longer sufficient alone to file with the Clerk of Court any joint stipulation to invoke the Rules of Civil Procedure and to waive appearance at the pretrial conference.
- Submittals: View/download instructions for preparing and submitting the Agreed Waiver of Appearance at Pretrial Conference and Stipulation to Invoke the Rules of Civil Procedure. Do not file the Agreed Waiver with the Clerk of Court. Caution: Submissions other than a proposed Agreed Waiver will not be accepted. Any submissions for the Court to review in Chambers and arising from the normal course of litigation or as directed by the Judge should be submitted pursuant to division instructions.
PIP Scheduling Order:
The Court is instituting a uniform scheduling order. View/download a sample copy of the order.
- For cases with P1, P2, P3 and P4 types the following will apply:
The PIP Scheduling Order shall issue to coincide with an affirmative review of any proposed Agreed Waiver of Appearance at Pretrial Conference and Order Invoking the Rules of Civil Procedure.
- For cases with P5 type the following will apply:
The PIP Scheduling Order shall issue after an affirmative review for proof of service or responsive pleading.
- PIP cases pending before a county civil judge located at a satellite courthouse will not be transferred to a county civil division at the Central Courthouse until it is determined that the following criteria have been met:
- the case is at issue
- all pending motions have been heard (including motions for summary judgment)
- a compliant joint pretrial stipulation has been filed as specified in the PIP Scheduling Order.
- The Orders provided above may not be modified.
- All other matters should be brought before the Judge of the division to which the matter belongs and pursuant to the instructions provided on that division’s website.
Instructions & Tutorial for Submitting Agreed Waiver of Appearance at Pretrial Conference and Stipulation to Invoke the Rules of Civil Procedure:
- Login or register with the submission/scheduling portal.
- View video on "How to Register".
- A tutorial on "How to Upload PIP Documents" will be made available here as soon as it becomes available. Please check back regularly.
PIP dockets are provided below in PDF format as a courtesy. The dockets merely reflect the cases scheduled for that particular hearing event, they do not reflect the current status of the file or indicate if the event has been canceled. In order to check on your case status you will need to visit the Clerk of Court's website. Cases in red font indicate those files where orders to show cause have issued. Please check back for updates and future dockets.
|Docket Main 9-17-2018|
|Docket South 9-18-2018|
|Docket Main 9-24-2018|
|Docket South 9-25-2018|