Judge Michael Davis
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Court-wide- 1 copy
Motion
Court-wide- 1 copy • Email • Upon Filing
Motion For Rehearing
Court-wide- 1 copy • Email • Upon Filing
Notice Of Change Of Plea
Court-wide- 1 copy • Email • Upon Filing
Communication
Chambers
Clerk
Clerk
Phone
Clerk
Phone
Chambers
Document Format Requirements1 rule
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(Please ensure the Proposed Order is in Word Format and includes all parties in the email).
Summary: Proposed orders must be in Word format.
DOCX
Document Filing Requirements9 rules
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The client’s signature and consent is required in the motion.
Summary: A motion to withdraw must include the client's signature and consent.
Document Type
Motion To Withdraw
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All AGREED ORDERS must be submitted through CMS. The sender MUST certify the submitted order is in fact an agreed order, and must contain the date of the hearing and type of motion. The Court reserves the right to reject any Agreed Order and may set the matter for a hearing.
Summary: Agreed orders must be submitted through CMS with certification that the order is agreed, including the hearing date and motion type; the Court may reject any agreed order and disfavors agreed orders continuing trial or special set hearings.
Document Type
Agreed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
For judgments on liquidated damages, the Court requires proof of service, evidence of the debt, the complaint, and notice of hearing for entry of judgment. Orders uploaded to CMS for signature shall include the Motion in supporting documents.
Summary: Judgments on liquidated damages require proof of service, evidence of the debt, the complaint, and notice of hearing, and orders uploaded to CMS must include the motion in supporting documents.
Document Type
Judgment On Liquidated Damages
The quote is in the court's document. The summary is not checked yet.Mandatory?
The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.
Summary: The moving party must file a statement of material facts as a separate filing at the time of filing a motion for summary judgment.
Document Type
Motion For Summary Judgment
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In cases where exhibits will exceed (50) pages, the Court requires counsel for both sides to meet and confer prior to trial and go over non-disputed exhibits. All non-disputed exhibits shall be provided to the Court with cover pages identifying each exhibit. All undisputed exhibits shall be provided to the clerk of court on the first day of trial on a flash drive with each exhibit marked with a designated number for identifying purposes.
Summary: When trial exhibits exceed 50 pages, counsel must meet and confer pre-trial on non-disputed exhibits, provide them to the Court with identifying cover pages, and provide undisputed exhibits to the clerk on a flash drive on the first day of trial with designated exhibit numbers.
Document Type
Trial Exhibits
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If the motion is GRANTED, the attorney withdrawing must upload a Proposed Order and the Proposed Order must include a paragraph that says: ALL FUTURE CORRESPONDENCE FOR [PARTY] SHALL BE MAILED TO: [NAME, ADDRESS, PHONE NUMBER AND E-MAIL ADDRESS OF FORMER CLIENT]. IT IS VERY IMPORTANT TO OBTAIN AN EMAIL ADDRESS OF FORMER CLIENT
Summary: When a motion to withdraw is granted, the withdrawing attorney must upload a proposed order containing the required paragraph directing future correspondence to the former client's name, address, phone number, and email.
Document Type
Proposed Order On Motion To Withdraw
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The hearing to determine the amount of fees/costs to award shall not take place until all counsel file a certification with the Court that all discovery in connection with all fee/cost issues, has been completed.
Summary: No hearing on the amount of fees/costs may be held until all counsel file a certification that all fee/cost discovery is complete.
Document Type
Hearing On Attorney Fees
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If the client is not an individual, please include a statement that the entity must be represented by counsel who must file an appearance within 20 days from the date of this order or a default may be entered.
Summary: If the client is an entity, the proposed order on withdrawal must state that the entity must be represented by counsel who must file an appearance within 20 days or a default may be entered.
Document Type
Proposed Order On Motion To Withdraw
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When you file a Notice of Cancellation, the judge wants the notice to state the reason for the cancellation.
Summary: A Notice of Cancellation must state the reason for the cancellation.
Document Type
Notice Of Cancellation
Filing & Service rules
Electronic Filing Rules
Stipulations, mediation reports, or emails do not close the case; a Final Order of Dismissal or Notice of Voluntary Dismissal must be submitted through CMS for the Judge's signature as soon as practicable.
Parties are reminded that a STIPULATION OF DISMISSAL, MEDIATION REPORT, an EMAIL TO THE DIVISION, and other similar filings, DO NOT close the case. Therefore, a FINAL ORDER OF DISMISSAL, NOTICE OF VOLUNTARY DISMISSAL MUST be submitted through CMS for the Judge’s signature as soon as is practicable.
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Page 1 | Motions/Pleadings
Hard copies of motions must not be sent to the Division; all motion paperwork must be uploaded electronically through CMS 'Supporting Documents'.
DO NOT send hard copies of Motions to the Division, ALL paperwork needs to be uploaded electronically through CMS “Supporting Documents” NO HARD COPY OF THE PLEADINGS ARE REQUIRED.
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Page 1 | Hearing Procedures
All orders must be submitted electronically through the Local Broward Portal's CMS and go directly to the Judge, not the Judicial Assistant.
ALL ORDERS must be submitted electronically through the Local Broward Portal’s Court Management System (“CMS”). Please remember when you submit orders through CMS, the orders do not go to the Judicial Assistant, the orders go directly to the Judge.
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Page 1 | Submission Of Orders And Judgments
Videos for hearings must be uploaded to Dropbox, the shareable link copied into a PDF, and the PDF uploaded to CMS 'Supporting Documents' for the hearing.
Upload the video to Dropbox Make the link shareable Copy the link to a pdf document Upload the pdf to Supporting Documents for the hearing in CMS.
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Page 1 | Setting Case For Trial and Trial Procedures
Documents may be uploaded to CMS 'Supporting Documents' even without a scheduled hearing, as long as the uploader's name is on the service list.
Even if you have not scheduled the hearing, you can upload the documents through “SUPPORTING DOCUMENT” as long as your name is on the service list.
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Page 1 | Motions/Pleadings
Self-represented parties may register for CMS via the Pro Se Registration Form at www.17th.flcourts.org and, once accepted, can view and schedule hearings.
If you represent yourself you can register for CMS by going to: www.17th.flcourts.org. 1. Self Help 2. Court Management System Help 3. CMS Manuals 3. New User 4. Prose Registration Form Fill out the request form and, when accepted, you can view and schedule hearings.
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Page 1 | Self-Represented Parties
Filing Timing and Cure Windows
Within 15 days of receiving the movant's disclosures, the non-moving party must respond in writing to each line item of cost and fees, stating agreement or objections and providing expert information.
Within fifteen (15) days of receiving the movant's disclosures, the non-moving party shall respond in writing to each line item of cost and fees. The Response shall agree to each item in whole or in part, or state the legal and factual basis for any objection of the whole or part in question, provide the name, address and C.V. of their expert, and cite any supporting legal authority.
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Page 1 | Motions/Pleadings
Paperwork supporting a special set hearing request must be uploaded to CMS at least 5 days before the hearing.
REMEMBER to upload it at least 5 days before the hearing.
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Page 1 | Hearing Procedures
Motions in limine must be filed and served no later than 30 days before Calendar Call and scheduled for hearing before Calendar Call.
MOTIONS IN LIMINE MUST be filed and served no later than thirty (30) days prior to CALENDAR CALL and MUST be scheduled for hearing before CALENDAR CALL, see Uniform Trial Order, VII (c).
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Page 1 | Motions/Pleadings
Within 10 days of the order of entitlement to attorney's fees, the moving party must provide opposing counsel with all fee documentation, expert name/address/CV, and other supporting materials.
Within ten (10) days of issuing the Order of Entitlement to Attorney Fees, the moving party shall provide opposing counsel with a copy of all invoices, time records, canceled checks, records evidencing services rendered, the name, address and C.V. of their expert witness, and any other supporting documentation (which may be the entire file other than the records kept in the Court file and any transcripts) for the fees and costs requested.
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Page 1 | Motions/Pleadings
A party or counsel who does not return a written request to set a special set hearing within two business days entitles the moving party to pick a date and schedule the hearing.
ANY PARTY/COUNSEL WHO DOES NOT RETURN A WRITTEN REQUEST TO SET A SPECIAL SET HEARING WITHIN TWO (2) BUSINESS DAYS ENTITLES THE MOVING PARTY TO PICK A DATE AND SCHEDULE THE MATTER FOR A HEARING.
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Page 1 | Hearing Procedures
Daubert expert challenges must be filed and served no later than 45 days before Calendar Call and scheduled for hearing prior to Calendar Call.
EXPERT CHALLENGES (DAUBERT) MUST be filed and served no later than forty- five (45) days before CALENDAR CALL and MUST be scheduled for hearing prior to CALENDAR CALL, VII (b) (3).
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Page 1 | Motions/Pleadings
Within 15 days of receiving agreements, objections, and disclosures, the moving party must reply in writing to each objection.
Within fifteen (15) days of receipt of the agreements, objections and disclosures, the moving party shall reply in writing to each objection, either agreeing with the objection, or if not, citing any contrary legal authority.
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Page 1 | Motions/Pleadings
The agreed juror questionnaires must be provided one week prior to juror prequalification.
However, we need to have the questionnaires that the parties agreed to use one week prior to prequalification.
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Page 1 | Setting Case For Trial and Trial Procedures
Service and Proof of Service Rules
The non-moving party must serve a response to a summary judgment motion at least 20 days before the hearing.
Rule 1.510(5) requires the non movant to serve a response at least 20 days before the time fixed for the hearing.
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Page 1 | Motions/Pleadings
A motion for summary judgment must be served at least 40 days before the hearing (Rule 1.510(b)).
Rule 1.510(b), requires the motion be served at least 40 days before the time fixed for the hearing
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Page 1 | Motions/Pleadings
After an order granting withdrawal is entered, the withdrawing attorney must log on to the State Portal (myflcourtaccess.com) and permanently remove their name from the service list.
When an Order is granted on a Motion to Withdraw Attorney of Record, it is the attorney’s responsibility to log on to the State Portal and remove his name permanently from the service list https://myflcourtaccess.com/
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Page 1 | Removal of Parties From the State Portal
Sealing & Redaction Procedures
To file confidential pleadings, a party must schedule a UMC hearing so the judge issues an order notifying the clerk, then file a 'Notice of Confidential Information within Court Filing' marked 'See Judge's Order on file' with the documentation in the Clerk's Office.
If you wish to file confidential pleadings, you must schedule a hearing on UMC, inform the Judge what documents need to be confidential, then the judge will issue an order notifying the clerk's office. Please follow the procedures below: 1. Check the Clerk’s system to be sure that the Judge’s order is filed. 2. Go to the Attorneys Portal and look under forms for “Notice of Confidential Information within Court Filing”. 3. When locating the Notice, list the documentation to be sealed, and write on the Notice “See Judge’s Order on file” and then file the Notice of Confidential with the documentation in the Clerk’s Office. 4. If you need assistance you can call 954-831-5795.
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Page 1 | Motions/Pleadings
Filing Bundling Requirements
Add-ons to UMC or Special Set hearings require agreement of all parties, no more than two motions may be noticed per UMC, and an agreed add-on requires an Amended Notice of Hearing.
Parties cannot add-on to an existing UMC or Special Set hearing unless AGREED to by all parties. Add-ons will only be heard within the allotted time, both sides get equal time. No more than two motions may be noticed for a case on UMC. If the parties agree to have the motion added, file an Amended Notice of Hearing and notify the judge at the hearing that another motion is added to the hearing.
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Page 1 | Hearing Procedures
Pre-Motion Conference Requirements
Motions for summary judgment must be scheduled for hearing and heard prior to Calendar Call.
MOTIONS FOR SUMMARY JUDGMENT MUST be scheduled for hearing and heard prior to CALENDAR CALL, VII (d) (1).
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Page 1 | Motions/Pleadings
Unless a new lawyer is substituting, a motion to withdraw must be set for a UMC hearing with notice to all parties.
Unless a New Lawyer is substituting as attorney, a Motion to Withdraw must be set for a hearing on UMC, with notice to all parties.
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Page 1 | Motions/Pleadings
Cases are placed on the trial docket via a Status Conference on the Motion Calendar, or the parties may email div24@17th.flcourts.org to request a particular trial period.
TRIAL ORDERS: The parties are to schedule a Status Conference on Motion Calendar for the Court to place a case on a Trial Docket. Alternatively, the parties can agree to be placed on a trial period by emailing the court requesting a particular trial period. The email should be sent to div24@17th.flcourts.org.
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Page 1 | Setting Case For Trial and Trial Procedures
Adjournment & Extension Requirements
All motions to continue trial must be set for a UMC hearing, and witness issues alone are insufficient grounds to continue trial.
ALL motions to continue trial must be set for a hearing on UMC. Please Note: witness issues alone are insufficient grounds to continue trial.
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Page 1 | Motions/Pleadings
Chambers Communication Rules
Parties may not ask the Judicial Assistant or court personnel to relay messages to the Judge because that is prohibited ex-parte communication.
Please do not ask this Court’s Judicial Assistant or other court personnel to communicate any message to the Judge. This is prohibited ex-parte communication. The Court’s staff is not permitted to relay ex-parte information to the Judge.
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Page 1 | Miscellaneous
The noticing party must cancel the hearing both in the Online Scheduling System and by emailing div24@17th.flcourts.org a copy of the Notice of Cancellation; filing the notice alone is insufficient.
It is the responsibility of the NOTICING PARTY TO TIMELY CANCEL A HEARING through the Online Scheduling System and TIMELY NOTIFY THE COURT of a cancellation. Filing a Notice of Cancellation, without also canceling the Online Scheduling System, is insufficient; if you do not cancel the hearing online, that time will not be available online for others to schedule their hearings. The Court is not notified by the Clerk of Court! If a hearing is canceled, please send an email to div24@17th.flcourts.org, with the copy of the Notice of Cancellation.
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Page 1 | Hearing Procedures
True emergencies require following Administrative Order 2014-32-CIV and emailing Division 24 with 'URGENT // EMERGENCY' in the subject line for judge review.
ALL parties MUST follow Administrative Order, 2014-32-CIV. If you have a true emergency, please email Division 24 and write in the subject area URGENT // EMERGENCY. The email will be sent to the judge for review.
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Page 1 | Emergency And Other Urgent Matters
Per Administrative Order 2017-33-GEN, parties may not set a hearing on a motion for rehearing/reconsideration; the motion must be emailed to Div 24 and the Court decides whether to set a hearing.
ALL parties MUST follow Administrative Order, 2017-33-GEN. Parties may not set a hearing on a Motion for Rehearing/Reconsideration. Please submit the motion(s) by email to Div 24 as required and the Court will decide whether to set a hearing.
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Page 1 | Motions/Pleadings
If the parties agree, a Notice of Settlement may be emailed to the division to obtain a final order closing the case and canceling the scheduled hearing/calendar call.
If the parties agree to this Order, send a Notice of Settlement to notify the division by email and this will cancel the scheduled hearing.
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Page 1 | Motions/Pleadings
Parties may not call or email Judges, Judicial Assistants, or Staff Counsel about the status of filed documents in the Appellate Division; they must file an appropriate motion per Administrative Order 2019-06-GEN.
Phone calls to Judicial Assistants regarding the status of filed documents are inappropriate. It is for that reason that ALL parties are directed to review the Guidelines for Communications with the Appellate Division and to govern himself/herself accordingly. The Guidelines for Communications with the Appellate Division provides that parties shall not “call or email Judges, Judicial Assistants, or Staff Counsel.”
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Page 1 | Appellate Division
Documents for in camera inspection must be emailed to div24@17th.flcourts.org because uploading them to CMS would make them visible to the other side.
Submit your documents by email to div24@17th.flcourts.org. If you upload the documents to CMS, the other side can see it.
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Page 1 | Motions/Pleadings
Self-represented parties must make any request of the Judge by email and may not call the Judicial Assistant for advice on what to file or how to prepare anything.
If you represent yourself, any requests you are making of the Judge needs to be in EMAIL. The Judicial Assistant is not a lawyer and handles scheduling only, therefore, do not call and ask for advice on what to file or how to prepare anything.
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Page 1 | Self-Represented Parties
After a Final Order of Dismissal, Notice of Voluntary Dismissal, or Notice of Settlement is signed, a copy must be emailed to div24@17th.flcourts.org to remove the case from the docket.
When the Order is signed. Please send an email to div24@17th.flcourts.org with a copy of the Order to remove your case from the docket.
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Page 1 | Setting Case For Trial and Trial Procedures
Confidential paperwork for the judge to review must be submitted by email to div24@17th.flcourts.org.
CONFIDENTIAL PAPERWORK FOR THE JUDGE TO REVIEW: Submit your documents by email to div24@17th.flcourts.org.
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Page 1 | Motions/Pleadings
If the parties do not agree on the language of an order, the order must be emailed to Division 24 notifying the Court of the disagreement, with the proposed order and all parties included.
You must send the orders in the same email to Division 24 to the Judge notifying the Court that the parties DO NOT AGREE.
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Page 1 | Submission Of Orders And Judgments
Parties may not ask the judicial assistant to resolve scheduling disputes over unilaterally online hearings; such matters must be set on UMC.
DO NOT ask the judicial assistant to get involved in the scheduling of unilaterally online hearings. The CMS system was created so that both parties can coordinate the hearings. The judicial assistant is not an arbitrator of your scheduling disputes. Set a hearing on UMC.
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Page 1 | Hearing Procedures
The Judicial Assistant cannot give legal advice or explain how to proceed, so parties must review the division procedures before emailing her.
Please do not ask Judicial Assistant questions on how to proceed with the case, she is not allowed to give any legal advice Therefore, review the procedures carefully before emailing the Judicial Assistant.
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Page 1 | Communications With The Judicial Office
Special set hearings requesting more than 5 minutes require an email to Division 24 stating the time needed, with a copy of the motion, and all paperwork uploaded through CMS 'Supporting Documents'.
Send an email to Division 24 requesting a hearing time and be sure to indicate how much time is needed when sending the email. Email a copy of the motion along with the request for hearing, ALL paperwork needs to be uploaded electronically through CMS “Supporting Documents” - any questions please email chambers.
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Page 1 | Hearing Procedures
Parties must contact the Evidence Room at least 48 hours in advance to retrieve trial exhibits, contacting the Evidence Manager first, then the main Evidence Room number.
Please contact the Evidence Room at least 48 hours in advance of the date needed in order to retrieve exhibits from evidence. First, contact: Charles Hall, Evidence Manager at 954-831-5505. If unavailable, then contact the main number for the Evidence Room at 954-831-5539.
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Page 1 | Setting Case For Trial and Trial Procedures
Technical difficulties submitting orders or uploading documents to CMS should be reported by email to calendar@17th.flcourts.org for assistance.
CMS: if you encounter technical difficulties submitting an order or uploading documents to CMS, or any other problem please send an email to calendar@17th.flcourts.org for further assistance.
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Page 1 | Miscellaneous
Questions on civil matters must be emailed to CircuitCivileClerk@browardclerk.org, which is the only address through which questions will be answered.
For questions regarding any civil matters, please send an email to CircuitCivileClerk@browardclerk.org. Any questions will be answered through that email address only.
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Page 1 | Miscellaneous