Judge Kenneth L. Gillespie
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Exhibits, Evidence
- Hand Delivery • At In Person Hearing
Notice Of Readiness For Trial
- 1 copy • Email • Upon Filing
Motion
Court-wide- 1 copy • Email • Upon Filing
Adjournments
Court-wideRequest must include
Communication
Chambers
Phone
Court-wideChambers
Document Filing Requirements8 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties seeking to set the matter for Final Hearing/Trial must file a Notice of Readiness for Trial.
Summary: Parties seeking to set an adversarial matter for final hearing or trial must file a Notice of Readiness for Trial.
Document Type
Notice Of Readiness For Trial
The quote is in the court's document. The summary is not checked yet.Mandatory?
If an emergency matter arises, any party may request an emergency hearing be set forthwith to address the emergency. The motion shall be styled as an "Emergency" and the body of the motion shall be comprised of a detailed summary of the circumstances constituting the emergency. The emergency motion shall be verified and include a certification by counsel or any party filing such motion that the motion is an "emergency" and that counsel or any party is acting in good faith in seeking such relief.
Summary: Emergency motions must be styled as 'Emergency,' contain a detailed summary of the emergency circumstances, be verified, and include a good-faith certification by counsel or the filing party.
Document Type
Emergency Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
All parties are required to file a Notice of Hearing for any hearing set before the Court, and notice all parties. The automated notification is not sufficient.
Summary: All parties must file a Notice of Hearing for any hearing set before the Court.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
The submission of an order to either the CMS proposed order portal or agreed order portal shall be considered an affirmation that the matter is uncontested, that all interested parties have been served notice of the petition/motion to be ruled upon, and that no notification has been received that any interested party objects to the entry of the proposed/agreed order.
Summary: Submitting an order through a CMS portal constitutes an affirmation that the matter is uncontested, all interested parties were served notice, and no objection has been received.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
(d) The uncontested petition and/or motion and all required supporting documents with efiling reference numbers on the face of the document, shall be uploaded as supporting documents as "other attachments" to the submission of the proposed/agreed order. Failure to upload all necessary supporting documents may result in a proposed/agreed order being rejected.
Summary: The petition/motion and all required supporting documents with e-filing reference numbers must be uploaded as 'other attachments' to the proposed/agreed order submission, or the order may be rejected.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Appointment of Guardian(s): A Petition for Appointment of Guardian shall not be submitted to the Court for review unless the proposed guardian's credit and criminal investigation is completed, approved, and appears on the docket. If the proposed guardian's credit and criminal investigation is not approved, or if the Petition for Appointment of Guardian is contested, that matter shall be set for hearing.
Summary: Guardian appointment petitions cannot be submitted for review until the proposed guardian's credit and criminal investigation is completed, approved, and on the docket; if not approved or if contested, the matter must be set for hearing.
Document Type
Petition For Appointment Of Guardian
The quote is in the court's document. The summary is not checked yet.Important?
Please attach the Petition/Motion to be heard and the requested time needed for the hearing when emailing the judges' office.
Summary: Emails to the judges' office requesting a hearing must attach the petition/motion to be heard and state the requested hearing time.
Document Type
Hearing Request Email
The quote is in the court's document. The summary is not checked yet.Important?
IN PERSON PROCEEDINGS: Hard Copies should be brought to the Hearing, either previously marked or in preparation to be marked for evidence.
Summary: Hard copies of evidence must be brought to in-person hearings, either previously marked or ready to be marked for evidence.
Document Type
Exhibits
Filing & Service rules
Electronic Filing Rules
The moving party's attorney must submit proposed and agreed orders through the corresponding CMS portal or request a hearing; the Clerk no longer presents orders without hearing, and this requirement does not apply to pro se parties.
(c) Uncontested matters should be submitted to the assigned Division Judge using either the CMS proposed order portal or, where there is agreement of the parties, the CMS agreed order portal. The Broward County Clerk of Court will no longer present orders to the Court for entry without hearing. The attorney for the moving party shall have the responsibility of submitting proposed and agreed orders to the corresponding CMS portal, or request a hearing as outlined supra (this provision does not apply to parties appearing pro se).
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Submission of Proposed Orders and Agreed Orders Without Hearing
All agreed orders must be submitted electronically through the ePortal via CMS for the judge's electronic signature.
All Agreed Orders should be submitted electronically through the ePortal via CMS for the Judge's electronic signature.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Agreed Orders and Judgments
The Motion Calendar and Ex Parte dockets are eliminated; uncontested matters may be processed without a hearing through the court's CMS online portal.
(a) The Motion Calendar docket and the Ex Parte docket are hereby eliminated. All uncontested matters, which were formerly set for Motion Calendar hearing or on Ex Parte dockets, MAY be processed without hearing using the Seventeenth Judicial Circuit's online scheduling and court management system (CMS).
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Submission of Proposed Orders and Agreed Orders Without Hearing
Motions must be e-filed before the related agreed order is submitted, per Fla. R. Civ. P. 1.100(b).
All Motions must be e-filed prior to the submission of the Agreed Order per Fla. R. Civ. P 1.100(b).
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Agreed Orders and Judgments
Fifteen- and thirty-minute hearings must be scheduled through the Court Management System (CMS), and the Court does not hold motion calendar hearings.
All hearings set for fifteen (15) or thirty (30) minutes are set utilizing the Court Management System (CMS). Please note the Court does not have motion calendar hearings.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Special Set Hearings
The scheduling party must immediately cancel any unnecessary hearing or trial through CMS and file a Notice of Cancellation.
SHOULD ANY SCHEDULED HEARING OR TRIAL BECOME UNNECESSARY (REGARDLESS OF WHETHER THE MATTER IS SCHEDULED TO BE HEARD VIA A WEB-BASED VIDEO CONFERENCING PLATFORM OR IN PERSON), THE SCHEDULING PARTY SHALL IMMEDIATELY CANCEL THE HEARING OR TRIAL BY USING CMS, AND FILE A NOTICE OF CANCELLATION.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Cancellation of Scheduled Hearings or Trials
The Agreed Order Portal may not be used as a substitute for matters that are proper for ex parte hearings.
The Agreed Order Portal is not a substitute for matters proper for ex parte hearings.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Agreed Orders and Judgments
Attorney's fees, guardian's fees, and guardian appointment petitions may be submitted through the CMS proposed/agreed order portal, but a Petition for Approval of Minor's Settlement must be set for hearing.
(e) The following petitions (which were previously not to be considered as an Ex Parte matter) may now be presented to the Court through the Seventeenth Judicial Circuit's online scheduling and court management system (CMS) proposed or agreed order portal (a Petition for Approval of Minor's Settlement must be set for hearing): 1. Attorney's Fees and Costs 2. Guardian's Fees and Costs 3. Appointment of Guardian(s)
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Submission of Proposed Orders and Agreed Orders Without Hearing
Filing Timing and Cure Windows
Expert witnesses must be disclosed 10 days before the hearing.
If either party intends to call an expert witness, the expert shall be disclosed 10 days before the hearing.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Evidentiary Hearings and Non-Jury Trials
Parties must exchange witness and exhibit lists 5 days before evidentiary hearings unless otherwise ordered by the Court.
For all Evidentiary Hearings, unless otherwise ordered by the Court, the parties are expected that 5 days prior to the hearing, the parties shall exchange a witness list and exhibit list.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Evidentiary Hearings and Non-Jury Trials
The witness/exhibit exchange and expert disclosure deadlines may only be modified by order of the Court.
Any modification to the above time frames must be done per order of the Court.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Evidentiary Hearings and Non-Jury Trials
Service and Proof of Service Rules
All parties must be formally noticed of any hearing set before the Court; the automated CMS notification is not sufficient.
All parties are required to file a Notice of Hearing for any hearing set before the Court, and notice all parties. The automated notification is not sufficient.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Special Set Hearings
The canceling party is responsible for advising interested parties that the hearing or trial is canceled.
THE CANCELING PARTY IS RESPONSIBLE FOR ADVISING INTERESTED PARTIES THAT THE HEARING OR TRIAL IS CANCELED
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Cancellation of Scheduled Hearings or Trials
Courtesy Copy Requirements
Upon filing the Notice of Readiness for Trial, a courtesy copy must be emailed to the Judicial Assistant along with any notices of unavailability, with all parties cc'd.
Upon filing, a courtesy copy shall be sent to the Judicial Assistant, via email, along with any known notices of unavailability previously filed and all parties must be cc'd on this correspondence.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Evidentiary Hearings and Non-Jury Trials
A copy of the emergency motion must be delivered to the Judicial Assistant, and after-hours phone numbers for all counsel of record must be provided to the Court.
A copy of the motion shall be delivered to the Judicial Assistant and after hours phone numbers for all counsel of record shall be provided to the Court.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Emergency Hearings
Courtesy copies of evidence must be brought for all parties at in-person hearings.
Courtesy copies should be brought for all parties.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Procedures for Submitting Evidence In Person, Virtual, or Hybrid Proceedings - In Person Proceedings
Filing Bundling Requirements
In virtual proceedings, no evidence may be submitted to the Court before the hearing; evidence must be presented contemporaneously with the proceeding per Administrative Order 2022-37-Gen.
VIRTUAL PROCEEDINGS: Please follow Administrative Order 2022 - 37 - Gen. No Evidence should be submitted to the Court prior to the hearing. The Evidence should be presented contemporaneously with the proceeding, as would be if the Hearing was held IN-PERSON.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Procedures for Submitting Evidence In Person, Virtual, or Hybrid Proceedings - Virtual Proceedings
Correspondence and motions must not be transmitted together with the agreed order submission.
Notably, please do not electronically transmit any correspondence or motion with the Agreed Order.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Agreed Orders and Judgments
Pre-Motion Conference Requirements
Parties must hold a mandatory conference before proceeding, as required by Local Rule 10a.
A mandatory conference between parties is mandated pursuant to Local Rule 10a.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Mandatory Conference of Parties
Matters a party wishes to heard, whose contested status is unknown, or that the court instructs to set for hearing must be scheduled as special set hearings under Section III.
(b) If the moving party wishes to set a matter for hearing, is unaware whether a matter is contested or is otherwise instructed by the court to set the matter for hearing, a hearing shall be scheduled as a "special set hearing in accordance with Section III."
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Electronic Submission of Proposed Orders and Agreed Orders Without Hearing
All parties must comply with Local Rule 10A before any hearing, or the case may be reset.
All parties prior to any hearing shall be required to comply with Local Rule 10A, failure to comply may result in your case being reset.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Special Set Hearings
Parties must confer before the Pretrial Conference or Calendar Call and be prepared to address hearing length, number of witnesses, outstanding discovery, and pending motions.
At the Pretrial Conference or Calendar Call the parties should be prepared to address the length of time the final hearing requires, the number of witnesses to be called, the outstanding discovery, and any pending Motions. The parties should have conferred prior to the Pretrial Conference or Calendar Call to ensure efficiency.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Evidentiary Hearings and Non-Jury Trials
Chambers Communication Rules
Ex parte communications are prohibited; issues must be raised by motion filed with the Clerk with copies to all parties of record, and mere filing does not bring a matter before the Court.
In addition, the Code of Judicial Conduct prohibits judges from considering exparte (or one-sided) communications. As a result, any issue to be considered by the Court should be in the form of a Motion filed with the Clerk of Court and copies provided to all parties of record. Notably, the mere filing of a motion with the Clerk's Office does not place the matter before the Court.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Communications
Special set hearings, case management conferences, and status hearings longer than 30 minutes must be set by contacting the Judicial Assistant.
All special set hearings, case management conferences, and status hearings that are for more than thirty (30) minutes shall be set by contacting the judicial assistant.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Special Set Hearings
Hearings set through CMS must be cancelled by the party that set them; do not ask the Judicial Assistant to cancel them.
Please do not request the Court's Judicial Assistant to cancel any hearings set by the parties through CMS, as it should be done by the party that set the hearing.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Special Set Hearings
Parties may contact the Judicial Assistant for hearing times not listed in CMS.
For additional hearing times not listed in CMS, you can always contact the judicial assistant.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Special Set Hearings
Judicial Assistants, staff attorneys, and other court personnel may not discuss substantive case matters with parties or provide legal advice.
The Code of Judicial Conduct precludes Judicial Assistants, Staff Attorneys and other courtroom staff from speaking to parties about substantive matters in any case. Furthermore, the Judicial Assistant and other court personnel are not legally qualified to provide legal advice to anyone.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | Communications