Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Agreed order

Must include

proposed order

Do not send agreed orders without filing a motion and following division procedures.

Do not send agreed orders without filing a motion and following division procedures regarding the filing of motions.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

Motions to withdraw must be submitted via division email with Clerk's acceptance and proposed order.

Submit your motion to withdraw, a copy of the Clerk’s acceptance, and a proposed order via the division email at (div59@17th.flcourts.org).

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Applies to

Bondsman affidavit ?

If the notice of arraignment indicates “Bond Status” and/or “Mandatory Appearance.” The defendant shall be present and shall bring an affidavit from the bondsman accepting the change of charge and stating that the bondsman shall remain on the previous posted bond.

Summary: If the arraignment notice indicates Bond Status and/or Mandatory Appearance, the defendant must appear and bring a bondsman's affidavit accepting the change of charge and confirming the bondsman will remain on the posted bond.

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Applies to

Agreed motion

Must include

proposed order ?

All agreed motions must specifically state that the matter has been agreed to by the parties. An agreed motion does not need to be scheduled for hearing unless the Court deems it necessary. The motions must contain the language, “Agreed Motion” in it's heading. It shall be submitted to the Judicial Assistance with an order containing the language “Agreed Order” in the heading.

Summary: Agreed motions must state the parties' agreement, contain 'Agreed Motion' in the heading, and be submitted to the Judicial Assistant with an order containing 'Agreed Order' in the heading; no hearing is needed unless the Court requires one.

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Applies to

Agreed order

If the parties reach an agreement, an agreed order shall be submitted to the Court prior to, or at the time of the hearing.

Summary: When the parties agree to a cancellation or reset, an agreed order must be submitted to the Court before or at the time of the hearing.

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Applies to

Filing or pleading ?

Must include

ai disclosure ?

However, all filing, motion or other pleading that has been drafted, in whole or in part, with the assistance of generative artificial intelligence tool shall specifically identify the specific tool used in the drafting (including but not limited to Harvey AI; Lexis+ AI; AI.Law; Co-Counsel by Thomson Reuters; Drafting Assistant by Westlaw; ChatGPT by OpenAI; Claude AI by Anthropic; Microsoft Copilot; etc.)

Summary: Any filing, motion, or pleading drafted in whole or in part with generative AI must specifically identify the AI tool(s) used in the drafting.

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Applies to

Motion or pleading ?

Must include

ai disclosure ?

A motion and/or pleading drafted by a generative artificial intelligence tool shall include a certification that that all text was reviewed by an attorney for accuracy and that all citations and legal authorities have been verified as true and correct.

Summary: Motions or pleadings drafted with generative AI must include a certification that an attorney reviewed all text for accuracy and that all citations and legal authorities were verified as true and correct.

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Criminal cases

Applies to

Notice of hearing ?

The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.

Summary: The notice of hearing must state the hearing date, time, and length of time set aside.

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Criminal cases

Applies to

Notice of hearing

Hearings WILL NOT be set without a Notice of Hearing from the parties.

Summary: No hearing will be scheduled unless the parties file a Notice of Hearing.

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Criminal cases

Applies to

Unopposed motion

Must include

certificate of conference ?

All unopposed motions must contain a certification at the end of the motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) state whether the parties agree on the resolution of all or part of the motion.

Summary: Unopposed motions must end with a certification that the movant conferred with the opposing party and stating whether the parties agree on resolution of all or part of the motion.

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Criminal cases

Applies to

Unopposed motion

** UNOPPOSED Motions must contain the language "UNOPPOSED Motion" in the title of the motion.

Summary: Unopposed motions must include the words "UNOPPOSED Motion" in the motion's title.

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Criminal cases

Applies to

Motion for ROR or modification of pretrial release conditions ?

Motions for ROR or for Modification of Pretrial Release Conditions: You MUST first file your written motion with the Clerk of Court. This office does not accept ex-parte communication.

Summary: Motions for ROR or modification of pretrial release conditions must first be filed in writing with the Clerk of Court; ex-parte communication is not accepted.

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Criminal cases

Applies to

Agreed order

If the parties have reached an agreement, an agreed order resolving the matter shall be submitted to the office prior to the hearing. If an agreed order is not submitted prior to the hearing or has not been signed by the judge, parties are expected to attend.

Summary: If the parties agree, an agreed order must be submitted before the hearing, otherwise all parties are expected to attend.

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Criminal cases

Applies to

Agreed order

Proposed Agreed Orders shall be submitted with Agreed Motions and must contain the title "Agreed Order on…".

Summary: Proposed agreed orders must be submitted together with agreed motions.

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Criminal cases

Applies to

Negotiated plea

The Court expects that ALL terms of the negotiation will be complete prior to the setting of a change of plea or the entry of a negotiated plea. These terms include, but are not limited to, credit for time served, fines, restitution, costs and condition of probation.

Summary: All negotiated plea terms (credit for time served, fines, restitution, costs, probation conditions) must be complete before a change of plea is set or a negotiated plea is entered.

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Criminal cases

Applies to

Plea form and fingerprint card ?

If permitted to take place on Zoom, the Defendant must upload a fully executed and notarized plea form and an acceptable fingerprint card. These documents must be uploaded prior to the Zoom hearing on the change of plea.

Summary: For Zoom change-of-plea hearings, the defendant must upload a fully executed, notarized plea form and an acceptable fingerprint card before the hearing.

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Criminal cases

Applies to

Stipulation for substitution of counsel ?

Must include

proposed order

If not occurring ore tenus in open court with the defendant present, either counsel may submit the signed Stipulation, signed consent of defendant/client, and proposed order with the below referenced wording to the Division email address.

Summary: Substitution of counsel not done ore tenus requires submitting a signed stipulation, signed client consent, and proposed order to the Division email address.

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Criminal cases

Applies to

Stipulation for substitution of counsel ?

New counsel shall include in the Stipulation a certification stating, "I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions, and other deadlines that are set in this case."

Summary: New counsel's substitution stipulation must include the specified certification about reviewing the docket and speaking with all counsel of record.

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Criminal cases

Applies to

Notice of appearance

A Notice of Appearance filed by new counsel is NOT sufficient to request a hearing if another attorney is already designated of record. Accordingly, new counsel must verify via Odyssey/through the Clerk's Office that neither the PD or ORCC's offices, nor a private attorney, has been previously appointed/designated as counsel of record.

Summary: A notice of appearance alone is insufficient where counsel is already designated; new counsel must verify existing counsel of record via Odyssey or the Clerk's Office.

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Criminal cases

Applies to

Stipulation for substitution of counsel

New counsel substituting in shall have first secured a stipulation for substitution of counsel. The Court will not grant a substitution of counsel without a hearing unless the defendant's/client's written consent is obtained and reflected on the stipulation for substitution of counsel.

Summary: The court will not grant substitution of counsel without a hearing unless the defendant's written consent is obtained and reflected on the stipulation.

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Criminal cases

Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw: must include a certificate of service to all other parties and the Notice of Hearing must include the same.

Summary: Motions to withdraw (and their notices of hearing) must include a certificate of service on all other parties.

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Applies to

Notice of hearing

Once a date has been set, the attorney setting the hearing MUST file a Notice of hearing. Without a Notice of Hearing the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.

Summary: The attorney who sets a hearing must file a Notice of Hearing; without one the Court may not hear the matter unless the opposing party waives the notice requirement.

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Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must also include the same. The Court will not hear any Motion to Withdraw where the Defendant is not present and no proper notice has been provided.

Summary: Motions to Withdraw must include a certificate of service to the Defendant, and the Court will not hear the motion if the Defendant is absent and proper notice was not provided.

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Applies to

Notice of hearing

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must also include the same.

Summary: The Notice of Hearing on a Motion to Withdraw must also include a certificate of service to the Defendant.

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Applies to

Order

Orders submitted to said motions must contain the language, "Agreed Order," in the heading.

Summary: Orders submitted on agreed motions must contain the language "Agreed Order" in the heading.

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Applies to

Notice of hearing

The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be heard without a Notice of Hearing from the parties and a copy of the MOTION.

Summary: Notices of hearing must state the date, time, and length of the hearing, and hearings will not be heard without a Notice of Hearing and a copy of the motion.

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Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any motion to withdraw where the Defendant is not present and no proper notice was given.

Summary: Motions to withdraw must include a certificate of service to the Defendant (also reflected in the Notice of Hearing), and the Court will not hear the motion without the Defendant present and proper notice.

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Applies to

Agreed motion

Agreed Motions must contain a statement indicating the agreement.

Summary: Agreed motions must contain a statement indicating the parties' agreement.

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Applies to

Agreed motion

Agreed Motions must contain the language, "Agreed Motion" in the title.

Summary: Agreed motions must include the words "Agreed Motion" in the title.

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Applies to

Agreed order

Agreed Orders: submitted with Agreed Motions must contain the language "Agreed Order" in the heading.

Summary: Agreed orders submitted with agreed motions must include the words "Agreed Order" in the heading.

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Applies to

Notice of hearing ?

Must include

case number ?

Judicial Assistant shall be provided all case names and numbers requesting a Global Plea and they must be listed on the Notice Hearing in the header section.

Summary: For a Global Plea, all case names and numbers must be provided to the Judicial Assistant and listed in the header section of the Notice of Hearing.

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Civil cases

Applies to

Motion

Must include

ai disclosure ?

Broward County Administrative Order 2026-03-Gen requires the following language on all Motions written with artificial intelligence assistance: The undersigned hereby certifies that generative artificial intelligence was used in the preparation of this submission. The undersigned certifies that s/he has read and verified the accuracy of every citation to the law and/or the record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts, and legal analysis, and accepts full responsibility for the contents of this submission.

Summary: All motions drafted with generative AI assistance must include the required certification language verifying all citations and AI-drafted content, per Administrative Order 2026-03-Gen.

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Civil cases

Applies to

Notice of hearing

Must include

certificate of conference ?

Coordination with all parties regarding hearing dates and times is mandatory. The notice of hearing shall certify that all parties were consulted and agreed to the hearing time.

Summary: The notice of hearing must certify that all parties were consulted and agreed to the hearing time.

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Civil cases

Applies to

Motion to withdraw

Please set a hearing and Notice the Client, if an individual. Motions To Withdraw require the client's contact information, including email address, phone number, and physical address, within the text of the motion, as well as notice to the client.

Summary: Motions to withdraw must set a hearing, notice the client, and include the client's email address, phone number, and physical address within the text of the motion.

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Civil cases

Applies to

Motion to withdraw ?

Must include

proposed order

Please e-file a Consent to Withdraw signed by your client(s) along with a proposed Order which much include the following language: ALL FUTURE PLEADINGS FOR (INSERT FORMER CLIENT'S NAME(S) HERE), SHALL BE SERVED UPON (PUT NAME, ADDRESS, PHONE AND EMAIL ADDRESS OF FORMER CLIENT).

Summary: A motion to withdraw must be e-filed with a client-signed Consent to Withdraw and a proposed order containing the specified service-on-former-client language.

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Civil cases

Applies to

Order allowing withdrawal corporate client ?

If the party is a corporation, Florida law requires that the corporation be represented by an attorney. Please put the following language in an Order Allowing Withdrawal from a Corporate Client: ALL FUTURE PLEADINGS FOR (INSERT FORMER CORPORATE CLIENT'S NAME(S) HERE), SHALL BE SERVED UPON (PUT NAME, ADDRESS, PHONE AND EMAIL ADDRESS OF FORMER CORPORATE CLIENT). FAILURE TO TIMELY RETAIN NEW COUNSEL WITHIN TWENTY DAYS OF THIS DATE MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS.

Summary: An order allowing withdrawal from a corporate client must include the specified language warning that failure to retain new counsel within twenty days may result in default or striking of pleadings.

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Civil cases

Applies to

Non dispositive motion

Must include

certificate of conference ?

Good faith conferral is required prior to filing a non-dispositive motion and the motion must include a certificate of conferral. ("Good faith" means at least 2 attempts to confer).

Summary: Non-dispositive motions require good faith conferral (at least 2 attempts) before filing and must include a certificate of conferral.

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Civil cases

Applies to

Motion for summary judgment

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 summary judgment movant must file a statement of material facts as a separate filing at the time of filing the motion.

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Civil cases

Applies to

Certification

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: A fees/costs amount hearing will not be held until all counsel file a certification that all fee/cost discovery is complete.

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Civil cases

Applies to

Proposed order motion to withdraw ?

Must include

proposed order

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].

Summary: A granted motion to withdraw requires an uploaded proposed order containing the paragraph directing all future correspondence to the former client's name, address, phone number, and email.

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Civil cases

Applies to

Motion to withdraw ?

The client's signature and consent is required in the motion.

Summary: A motion to withdraw must include the client's signature and consent.

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Applies to

Courtesy copy pleading ?

Must include

certificate of service ?

You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party.

Summary: Courtesy copies provided to the Court must be accompanied by a certification that the pleading was simultaneously provided to the opposing party.

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Applies to

Financial affidavit

Anyone involved in a family law case where child support, alimony, or equitable distribution is at issue must file a financial affidavit. This includes cases involving dissolution of marriage, paternity, or support.

Summary: Parties in family cases involving child support, alimony, or equitable distribution must file a financial affidavit (short form under $50,000/year income; long form over $50,000/year).

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Applies to

Notice of hearing

All notices of hearing shall set forth the date and time of the hearing and the hearing location instructions and shall be filed with the Clerk of Courts.

Summary: Notices of hearing must state the date, time, and hearing location instructions and be filed with the Clerk of Courts.

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Applies to

Notice of hearing

If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing.

Summary: Notices of hearing for Zoom hearings must include the Zoom instructions.

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Applies to

Emergency motion

All emergency motions MUST include a certification by counsel or the party pro se that the motion qualifies under one of the above definitions AND is brought in good faith.

Summary: Emergency motions must include a certification that the motion meets an emergency definition and is brought in good faith.

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Applies to

Uccjea affidavit

A UCCJEA affidavit shall be filed and a copy of the affidavit shall be provided to the divisional judge.

Summary: A UCCJEA affidavit must be filed and a copy provided to the divisional judge with emergency motions.

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Applies to

Notice of hearing

To comply with the above good faith certification, every party scheduling a motion for a uniform motion calendar hearing shall execute the following certification in the body of the notice of hearing: I hereby certify that A) the movant has conferred or attempted to confer with all parties or self-represented parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion; and B) the issues in the motion may be heard and resolved by the court within five (5) minutes.

Summary: UMC notices of hearing must contain the prescribed good-faith conferral certification in the body of the notice.

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Applies to

Special set hearing request ?

After a Motion has been filed AND accepted by the Clerk's Office, please email your hearing request to the Judicial Assistant at Div44@17th.flcourts.org with the following information: A copy of the filed Motion to be special set (the motion must be stamped version showing when it was filed); The amount of time requested for the hearing; Whether the Motion is time-sensitive or entitled to statutory preference; Evidence of the parties' good faith attempt to resolve the matter. (The date of your communication with the opposing attorney or self- represented party, the manner of your communication, and the names of the individuals who participated in the communication); and An indication whether or not it will be an evidentiary hearing.

Summary: Special set hearing requests must be emailed to the Judicial Assistant after the motion is filed and accepted, and must include the stamped motion, time requested, time-sensitivity, good-faith conferral evidence, and whether the hearing is evidentiary.

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Applies to

Notice of hearing

Per Local Rule 10A all special set hearings shall contain the following language in the body of the notice of hearing: I hereby certify that I have made a good faith attempt to resolve this matter by having direct communication about the matter with all parties, prior to my noticing this motion for hearing. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging.

Summary: Special set notices of hearing must contain the Local Rule 10A good-faith conferral certification in the body of the notice.

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Applies to

Financial affidavit

The parties' Financial Affidavits must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: The parties' financial affidavits must be uploaded through the CMS portal under supporting documents for temporary relief hearings.

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Applies to

Mediation impasse report

No case shall proceed to trial unless and until a mediation impasse report is filed with the Clerk's Office.

Summary: No case may proceed to trial until a mediation impasse report is filed with the Clerk's Office.

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Applies to

Proposed order

All proposed orders should include the date of the hearing before this Court (and any other pertinent dates), the full name of the motion, and the date such motion was filed. Failure to include such information may result in this Court rejecting the proposed order.

Summary: Proposed orders must include the hearing date, the full name of the motion, and the motion's filing date or risk rejection.

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Applies to

Agreed proposed order

All AGREED proposed orders must include a verification that the proposed agreed order has been reviewed by the opposing party and the opposing party agrees with the proposed order or the proposed order shall be rejected. The verification may be in the body of the proposed order or attached through the CMS portal under SUPPORTING DOCUMENTS. Failure to include such verification will result in a rejection of the proposed agreed order.

Summary: Agreed proposed orders must include verification of the opposing party's review and agreement or they will be rejected.

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Applies to

Mediation referral order ?

If you are requesting an order for Court Mediation, please upload the Standard Mediation Order AND it must be accompanied by copies of the financial affidavits of both parties through the CMS portal under SUPPORTING DOCUMENTS for the Order of Referral to be issued by this Court.

Summary: Requests for Court Mediation orders must include the Standard Mediation Order plus both parties' financial affidavits uploaded via CMS supporting documents.

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Applies to

Substitution of counsel order ?

The proposed order must include: (1) the name of the law firm and/or attorney that is to be substituted as counsel of record, (2) the name of the party (Plaintiff/Defendant), and (3) the name of the law firm and/or attorney that is to be withdrawn as counsel and shall bear no further responsibility in the matter. The stipulation of counsel must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Substitution of counsel orders must name the incoming counsel, the party, and the withdrawing counsel, and the stipulation of counsel must be uploaded via CMS supporting documents.

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Applies to

Withdrawal of counsel order ?

The proposed order granting withdrawal must include: (1) the client's name; (2) the client's most recent physical and mailing addresses, e-mail address, and phone number; (3) advise the client they may retain new counsel at any time or proceed pro se; and advise the client they have a continuing obligation to keep their contact information up to date with the Clerk of Court.

Summary: Withdrawal orders must include the client's name and current contact information and advise the client of the right to retain new counsel or proceed pro se and the duty to keep contact information updated.

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Applies to

Withdrawal of counsel order ?

The client's verification of consent must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: The client's verification of written consent to withdrawal must be uploaded through the CMS portal under supporting documents.

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Applies to

Rucd request ?

Prior to requesting dissolution by affidavit, the following documents must be submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Before requesting a dissolution by affidavit (RUCD), a specified list of documents must be submitted through the CMS portal under supporting documents.

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Applies to

Proposed final judgment ?

The proposed order must contain the order title of: FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT or it will be rejected.

Summary: The RUCD proposed order must be titled FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT or it will be rejected.

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Applies to

Supplemental sworn affidavit rucd ?

This AFFIDAVIT must be signed and notarized. Failure to follow these procedures for Dissolution by Affidavit will result in the proposed order being rejected by the Court AND may result in the requirement of a final hearing.

Summary: The RUCD supplemental affidavit must be signed and notarized; failure to follow the procedures may cause rejection and a required final hearing.

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Applies to

Filing

Must include

ai disclosure ?

If any attorney or pro se party submits to the court any filing or submission containing AI-generated content, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.

Summary: Filings containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, or face sanctions.

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Civil cases

Applies to

Notice of hearing

Must include

notice of electronic filing ?

This Court requires all Notices of Hearing and Pleadings be uploaded to the hearing event set via CMS - Supporting Documents. Failure to comply with Local Rule 10A may result in your case not being heard. All cancellations must be done via the Court Management System (CMS) immediately by the scheduling party.

Summary: Notices of Hearing and Pleadings must be uploaded via CMS Supporting Documents, and cancellations must be made immediately via CMS by the scheduling party.

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Civil cases

Applies to

Notice of hearing ?

Must include

certificate of conference ?

MOVANT COUNSEL MUST CERTIFY THAT A GOOD FAITH ATTEMPT TO RESOLVE THE MATTER WAS MADE PRIOR TO NOTICING ANY MOTION FOR HEARING.

Summary: Counsel must certify a good faith attempt to resolve the matter before noticing any motion for hearing.

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Civil cases

Applies to

Notice of hearing

Must include

caption ?

The Notice of Hearing for the 8:45 A.M. Uniform Motion Calendar Monday through Thursday MUST contain the Court's ZOOM video conference information and NOT the Courthouse address.

Summary: UMC Notices of Hearing must include the Court's Zoom information, not the Courthouse address.

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Civil cases

Applies to

Joint pretrial stipulation

You must upload to the Calendar Call date via CMS the Joint Pretrial Stipulation, Joint Jury Instructions and Verdict Form prior to Calendar Call.

Summary: Joint Pretrial Stipulation, Joint Jury Instructions and Verdict Form must be uploaded via CMS before Calendar Call.

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Civil cases

Applies to

Agreed order

Must include

caption ?

AGREED ORDER: The word “AGREED” must be in the title and in the body of the Order being uploaded. An Agreed Order must have the following language: The parties have reviewed the Agreed Order and have no objection to the entry of the Order.

Summary: Agreed Orders must contain the word 'AGREED' in the title and body and specific consent language.

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Civil cases

Applies to

Proposed order

Must include

proposed order

PROPOSED ORDERS may be uploaded via CMS only AFTER a hearing and ruling by the Court on the motion at bar. The Proposed E-ORDER shall state the date the matter was heard.

Summary: Proposed orders may be uploaded via CMS only after a hearing and ruling, and must state the date the matter was heard.

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Civil cases

Applies to

Proposed order

Must include

proposed order

No Proposed Orders may be submitted in advance of any hearing or trial, any proposed Orders submitted in advance of a hearing WILL be considered EX PARTE communications and the party submitting such Order may be sanctioned.

Summary: Proposed orders submitted in advance of a hearing are treated as ex parte communications and may result in sanctions.

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Civil cases

Applies to

Motion for rehearing ?

Must include

proposed order

The moving party MUST submit via email and copying all parties the filed motion, transcript and proposed order to div03@17th.flcourts.org for the Court's consideration.

Summary: Motions for rehearing/reconsideration must be emailed to the Court with the filed motion, transcript, and proposed order, copying all parties.

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Civil cases

Applies to

Ex parte motion to compel discovery ?

Must include

proposed order

The filed motion and proposed order must be submitted via CMS Workbench for the Court's consideration.

Summary: Ex parte motions to compel discovery must be submitted via CMS Workbench with a proposed order.

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Civil cases

Applies to

Motion to withdraw

Must include

certificate of service ?

Unless a new lawyer is substituting, the Motion to Withdraw must be set for a hearing with notice to all parties including the client on the UMC docket via CMS.

Summary: Motions to withdraw (absent substitution) must be set for a UMC hearing with notice to all parties including the client.

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Civil cases

Applies to

Notice of hearing

Must include

certificate of conference ?

ALL parties utilizing the Court Management System (CMS) shall certify that they have consulted with all other parties in obtaining the hearing time in the Notice of Hearing pursuant to Local Rule 10A which governs the Uniform Motion Calendar, Special Set Hearings and Ex Parte Motions to Compel Discovery.

Summary: All parties using CMS must certify consultation with all other parties in obtaining hearing time per Local Rule 10A.

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Applies to

Hard copy order ?

Any and all Orders submitted to the Judge in hard copy must be accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties.

Summary: Hard copy orders submitted to the Judge must be accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties.

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Applies to

Notice for trial

When filing a "Notice for Trial", you MUST file the original with the Clerk of Court and mail or deliver a copy of the "Notice for Trial" along with stamped self-addressed envelopes for all parties to the Judge's Judicial Assistant.

Summary: A Notice for Trial must be filed with the Clerk and a copy, with stamped self-addressed envelopes for all parties, mailed or delivered to the Judge's Judicial Assistant.

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Applies to

Motion to invoke rules and waive appearance ?

Please note that submission of a motion to invoke the rules and waive appearance does NOT excuse appearance at the Pretrial Conference unless the Court has actually entered the order. TO AVOID DELAY, PLEASE PROVIDE THE ORDER, DIRECTLY TO THE COURT NOT THE CLERK.

Summary: Filing a motion to invoke the rules and waive appearance does not excuse appearance at the pretrial conference unless the order has actually been entered, and the order should be provided directly to the Court, not the Clerk.

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Judge Kanner requires a uniform order for that purpose. Proposed orders submitted which are not in compliance will not be entered. The required form is attached to these instructions.

Summary: Requests to invoke the rules and waive appearance in small claims cases require the judge's uniform order form; non-compliant proposed orders will not be entered.

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Applies to

Emergency hearing request ?

The Judge's Judicial Assistant is not permitted to schedule any emergency hearings without approval by the Judge. In order to obtain a hearing time for an "Emergency Hearing", you must provide the Judge's Office with a copy of the motion and other supporting documentation, along with a cover letter advising how much time is requested for the hearing – taking into account the amount of time that may be required by all potential parties.

Summary: To obtain an emergency hearing, the moving party must give the Judge's Office the motion, supporting documentation, and a cover letter stating the time requested; the Judicial Assistant cannot schedule emergency hearings without the Judge's approval.

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Applies to

Motion to withdraw as attorney ?

Motion must have the client's signed consent attached. Otherwise, you must set the motion on the motion calendar, certify that a copy of the motion and notice of hearing was provided to your client at the last known address.

Summary: A motion to withdraw as attorney must have the client's signed consent attached; otherwise it must be set on the motion calendar with certification that the motion and notice of hearing were provided to the client at the last known address.

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Applies to

Order on attorney withdrawal ?

All Orders on withdrawal must have the name and address of your former client for service of further pleadings. Florida Rule of Judicial Administration 2.505(f).

Summary: All attorney withdrawal orders must include the name and address of the former client for service of further pleadings.

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Applies to

Proposed order

IF THERE IS NOT A SUBSTITUTION OF COUNSEL , ALL PROPOSED ORDERS MUST INCLUDE A PARAGRAPH THAT STATES: FOR INDIVIDUALS: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____." IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A "PRO-SE".

Summary: Where there is no substitution of counsel, all proposed orders must include the required paragraph directing that future pleadings for the withdrawn individual party be served on the former client, who may then appear pro se.

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Applies to

Proposed order ?

FOR CORPORATIONS, LLC'S, ETC. "IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS."

Summary: Proposed orders without substitution of counsel for a corporate party must include the warning that the corporation must retain new counsel within 20 days or risk default or striking of pleadings.

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Applies to

Stipulation of substitution of counsel ?

Stipulations shall be executed by both the former attorney and the new Attorney and must be compliant with Florida Rule of Judicial Administration 2.505(e)(2).

Summary: Stipulations of substitution of counsel must be executed by both the former and new attorney and comply with Fla. R. Jud. Admin. 2.505(e)(2).

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Criminal cases

Applies to

Hearing request email ?

Must include

case number

Kindly send an email request via the division email with the opposing party copied and a copy of the e-filed motion to be heard to the Judicial Assistant, for a hearing, please also note the length of time needed for each side, (depending on the hearing) if witnesses will be involved and how many on each side. In the email request to the Judge's Office, kindly include the case number and the name of the defendant in the subject line.

Summary: Hearing requests must be emailed to the Judicial Assistant with the opposing party copied, the e-filed motion attached, estimated hearing time and witness information, and the case number and defendant name in the subject line.

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Criminal cases

Applies to

Agreed order

Must include

proposed order ?

For motions that do not require a hearing eg: Motions that are agreed upon by both parties. These Orders are submitted via email to the Judicial Assistant with the opposing side being copied and a copy of the motion and proposed agreed order attached.

Summary: Agreed orders on motions not requiring a hearing are submitted by email to the Judicial Assistant with the opposing side copied and the motion and proposed agreed order attached.

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Applies to

Notice of hearing

Please note on your Notice of Hearing, “Set Unilaterally Pursuant to Judge Barner's Procedures”.

Summary: A Notice of Hearing set unilaterally must state 'Set Unilaterally Pursuant to Judge Barner's Procedures'.

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Applies to

Filing containing ai generated content ?

Must include

ai disclosure ?

If any attorney or pro se party submits to the court any filing or submission containing AI - generated content, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.

Summary: Any filing containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, with failure subjecting the filer to sanctions.

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Applies to

Ex parte or non evidentiary motion ?

Must include

proposed order ?

The party requesting relief shall furnish the Court a prepared order and sufficient copies with self-addressed, stamped envelopes for all parties.

Summary: On ex-parte matters or non-evidentiary motions heard on the motion calendar, the requesting party must furnish the Court a prepared order.

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Applies to

Agreed order motion to compel ?

IF LOCAL RULE 11 IS TRIGGERED, PLEASE USE THE STANDARD FORM ATTACHED HERETO. DO NOT ADD ANY ADDITIONAL LANGUAGE (e.g. waiver of privilege, etc.)

Summary: If Local Rule 11 is triggered, the standard form must be used without adding any additional language such as a waiver of privilege.

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Applies to

Motion for continuance

Must include

proposed order

The Motion for Continuance must be filed with a proposed order, sufficient copies to conform and self-addressed, stamped envelopes.

Summary: A Motion for Continuance must be filed with a proposed order, sufficient conforming copies, and self-addressed stamped envelopes.

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Applies to

Emergency filing ?

Please do not simply email teh Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission of a “Request for Emergency Relief.”

Summary: Emergency matters require compliance with Administrative Order 2021-51-CO, including submission of a 'Request for Emergency Relief'; simply emailing the court is not sufficient.

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Applies to

Order on motion for writ of garnishment

Orders on Motion for Writ of Garnishment - Proof of payment to the Clerk must be attached as a supporting document.

Summary: Orders on motions for writ of garnishment must have proof of payment to the Clerk attached as a supporting document.

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Applies to

Agreed order

PARTIES MAY NOT SUBMIT “AGREED” ORDERS ATTEMPTING TO CONTINUE COURT-ORDERED HEARINGS. SEE ABOVE FOR CONTINUANCES.

Summary: Parties may not submit 'agreed' orders attempting to continue court-ordered hearings; the continuance procedure must be used instead.

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Applies to

Motion to withdraw as attorney

When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.

Summary: A Motion to Withdraw as Attorney of Record must include the client's contact information, including address and email address if any, within the text of the motion.

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Applies to

Proposed order motion to withdraw ?

Must include

proposed order

Your proposed order must contain the below language: FOR INDIVIDUALS: “ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____.” IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A “PRO-SE”. FOR CORPORATIONS, LLC'S, ETC. “IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS.”

Summary: A proposed order on withdrawal as attorney must contain the required language for individuals (future pleadings served on the former client) or for corporations (new counsel must appear within 20 days or default or striking of pleadings may result).

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Applies to

Stipulation or motion for substitution of counsel ?

Stipulations for Substitution of Counsel or Motions for Substitution of Counsel shall be signed by both the former attorney and the new attorney taking the case over.

Summary: Stipulations or Motions for Substitution of Counsel must be signed by both the former attorney and the new attorney.

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Applies to

Motion for substitution of counsel ?

The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies “I have reviewed the court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)

Summary: Substitution of counsel requires the client's written consent and a certification by new counsel that they have reviewed the docket, spoken with all counsel of record, and are aware of all pending hearings, depositions, and deadlines.

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Applies to

Motion for rehearing

A MEMORANDUM OF LAW SHALL BE INCORPORATED INTO THE MOTION FOR REHEARING AND/OR RECONSIDERATION WITH THE LEGAL BASIS FOR THE COURT TO GRANT THE RELIEF REQUESTED.

Summary: A Motion for Rehearing and/or Reconsideration must incorporate a memorandum of law setting out the legal basis for granting the requested relief.

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Applies to

Hearing request email ?

Must include

case number

Please send a new email to the Judicial Assistant for every hearing request. In the subject line or body of your email, please include your court case number and the defendant's full name and the title of the motion or request, along with the requested amount of time you will need for your hearing.

Summary: Each hearing request must be a new email that includes the court case number, the defendant's full name, the title of the motion or request, and the requested amount of hearing time.

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Applies to

Notice of hearing

Parties using CMS self-scheduling MUST certify in their notice of hearing that they have consulted with all relevant parties before scheduling and noticing the hearing.

Summary: A notice of hearing for a CMS self-scheduled hearing must certify that the party consulted with all relevant parties before scheduling and noticing the hearing.

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Applies to

Courtesy copy email ?

Must include

case number

Please include the following in your emailed request: Title of the motion The case number and defendant's name The amount of time being requested for the hearing Copies of case law may be emailed to the division or hard copies delivered to the reception desk on floor 4880

Summary: Emailed requests must include the title of the motion, the case number and defendant's name, and the amount of hearing time requested; case law copies may be emailed or hand-delivered to the reception desk on floor 4880.

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Applies to

Speedy trial waiver ?

A Defendant's waiver of a speedy trial must be made on the record with the Defendant present, or in writing signed by the Defendant under sworn affidavit, and notarized, then filed with the Broward County Clerk of Courts.

Summary: A speedy trial waiver must be made on the record with the defendant present, or in writing signed by the defendant under sworn affidavit and notarized, then filed with the Broward County Clerk of Courts.

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Applies to

Filing containing ai generated content ?

Must include

ai disclosure ?

If any attorney or pro se party submits any filing or submission containing AI-generated content to the court, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also include a certification that they have personally reviewed and verified the content's accuracy. Failing to include this certification or to comply with these verification requirements will be grounds for sanctions, as permitted by law.

Summary: Any filing containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, and failure to do so is grounds for sanctions.

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Applies to

Cover letter

However, the mere filing of a motion with the Clerk's Office does not bring the matter before the Judge. A copy must be provided to the Judge with a cover letter or email explaining how much time is necessary for the matter to be heard. The letter should also include information regarding whether evidence (i.e. – testimony) will need to be considered at the time of the hearing.

Summary: A copy of the motion must be provided to the Judge with a cover letter or email stating how much hearing time is needed and whether evidence (testimony) will need to be considered.

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Applies to

Motion

Must include

certificate of conference ?

At the end of any motion not agreed upon by the parties, counsel for the moving party shall certify either: (A) that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so; or (B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement, [2] but has been unable to reach the other parties or non-parties whose input is necessary. If certain of the issues have been resolved by agreement, the certification shall specify the issues so resolved and the issues remaining unresolved.

Summary: Any motion not agreed upon by the parties must include, at the end, a certification of good faith conferral (or reasonable efforts to confer, identified with specificity) and, where applicable, the issues resolved and those remaining unresolved.

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Applies to

Agreed order

Before submitting an order to the court as 'Agreed,' the office preparing the agreed order must provide an advance copy to the opposing side and confirm there is no objection to the form of the order prior to submitting it to the Judge.

Summary: Before submitting an 'Agreed' order, the preparing office must provide an advance copy to the opposing side and confirm there is no objection to the form of the order.

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Applies to

Agreed order ?

When submitting such an order, notification shall be given to the judge that the opposing side either agrees to the order and/ or has no objection/position to the relief being ordered. Such agreement can be indicated in either the title of the order and/ or the cover letter accompanying the submission.

Summary: Agreed order submissions must notify the judge that the opposing side agrees to the order and/or has no objection, indicated in the order's title and/or the accompanying cover letter.

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Applies to

Emergency motion

The emergency motion should be verified and include a certification by the lawyer or party filing such motion that the motion is an emergency and that the lawyer or party is acting in good faith in seeking such relief. [5]

Summary: Emergency motions must be verified and include a certification that the motion is an emergency and that the filing lawyer or party is acting in good faith.

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Applies to

Cover letter

The cover letter must note that the matter is requested to be heard on an emergency basis or it will not receive expedited consideration and review.

Summary: The cover letter accompanying an emergency motion must state that emergency hearing is requested, or the matter will not receive expedited consideration.

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Applies to

Any filed paper ?

Must include

ai disclosure ?

Any attorney or pro se party who used Artificial Intelligence (“AI”) in the preparation of the complaint, answer, motion, brief, or other paper filed with the court MUST disclose in a clear and plain factual statement that AI was used. The party MUST CERTIFY that every citation to the law or the record in the paper is accurate.

Summary: Any party who used AI in preparing a filed paper must disclose that use and certify the accuracy of all citations.

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Applies to

Exhibits

The Court does not review exhibits on cell phones or laptops. Hard copies must be brought to the hearing, or the Court will not consider them.

Summary: Exhibits must be provided in hard copy; the Court will not review exhibits on cell phones or laptops.

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Applies to

Default judgment ?

A non military affidavit must be filed and a copy submitted with proposed orders via CMS.

Summary: A non-military affidavit must be filed and submitted with proposed orders via CMS for default judgments.

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Applies to

Proposed order

Must include

proposed order

Do not upload proposed Orders unless the corresponding Motion and any supporting affidavits, etc. are reflected on the Clerk’s docket.

Summary: Proposed orders may not be uploaded unless the corresponding motion and supporting affidavits appear on the Clerk's docket.

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Applies to

Motion to withdraw

Must include

certificate of service

When filing a Motion to Withdraw as Attorney of Record, you are required to include the client’s contact information, including address and email address (if any) within the text of the motion. You are also required to serve on your client a copy of the Motion to Withdraw as Attorney of Record and a Notice of Hearing. You must include your client’s name and contact information in the certificate of service for both the Motion to Withdraw as Attorney of Record and Notice of Hearing.

Summary: Motions to withdraw must include the client's contact information, be served on the client with a Notice of Hearing, and include the client's name and contact information in the certificate of service.

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Applies to

Substitution of counsel

Must include

proposed order

Stipulations for Substitution of Counsel or Motions for Substitution of Counsel shall be signed by both the former attorney and the new attorney taking the case over. Stipulations for Substitution of Counsel or Motions to Substitute Counsel must be e-filed and a proposed Order of Substitution of Counsel may be uploaded electronically through E-order.

Summary: Substitution of counsel documents must be signed by both attorneys, e-filed, and accompanied by a proposed order uploaded through E-order.

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Civil cases

Applies to

Notice of hearing

UMC (EXCEPT THURSDAYS), CMCs, AND CALENDAR CALLS ARE CONDUCTED VIA ZOOM CONFERENCE. PLEASE ENSURE NOTICES OF HEARINGS INCLUDE THE ZOOM INFORMATION.

Summary: Notices of hearing for UMC (except Thursdays), CMCs, and calendar calls must include the Zoom conference information.

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Applies to

Motion

Must include

proposed order

When a motion is e-filed the Judge does not always receive a copy. If you file a motion that the Judge needs to see or act upon, you must provide a copy with a proposed order to the email provided above and to the opposing party.

Summary: A motion the Judge needs to see or act upon must be accompanied by a proposed order.

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Applies to

Motion to withdraw ?

Must include

proposed order

Prior to the hearing date, a proposed order must be emailed to the Judicial Assistant and must include a paragraph with the last known address of the Defendant.

Summary: Before the withdrawal hearing, a proposed order must be emailed to the Judicial Assistant and must include a paragraph with the Defendant's last known address.

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Applies to

Motion to continue

Must include

proposed order ?

All Motions to Continue Hearings must be efiled and a Proposed or Agreed Order emailed to the Judicial Assistant. Once the Judge reviews the motion and order, the parties will be informed of the ruling.

Summary: A proposed or agreed order must be emailed to the Judicial Assistant with motions to continue hearings, and the Court will inform the parties of the ruling after review.

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Applies to

Notice of hearing

Must include

certificate of conference ?

Parties using self-scheduling MUST certify they consulted with all other parties in obtaining the hearing time in the notice of hearing.

Summary: Self-scheduling parties must certify in the notice of hearing that they consulted all other parties on the hearing time.

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Applies to

Ex parte proposed order ?

Must include

proposed order

Any EX-PARTE ORDERS must be submitted as follows : Written Proposed Orders, correspondence and any other material to be considered by the Judge must be submitted directly to Chambers (via USMail, overnight delivery or hand-delivery) with courtesy copies to conform, return self-addressed stamped envelopes for all parties and a cover letter; package must be complete for a return.

Summary: Ex-parte orders and materials for the Judge must be submitted directly to chambers by U.S. mail, overnight, or hand-delivery with conformed courtesy copies, self-addressed stamped envelopes for all parties, and a cover letter.

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Applies to

Request for emergency relief

Please do not email the Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission “Request for Emergency Relief.” Hand-delivered to chambers for consideration.

Summary: Emergency matters require compliance with Administrative Order 2021-51-CO, including a 'Request for Emergency Relief' hand-delivered to chambers; do not email the Court about emergencies.

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Applies to

Motion to compel discovery ?

If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language.

Summary: For Local Rule 11 motions to compel discovery, use the standard attached form without adding any additional language.

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Applies to

Motion for substitution of counsel ?

The Court will not grant a substitution of counsel unless client’s written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings,depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)

Summary: Substitution of counsel requires the client's written consent and a new-counsel certification that they have reviewed the docket and are aware of all pending hearings, depositions, and deadlines.

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Applies to

Motion for continuance ?

All motions shall state whether speedy trial is or has been waived.

Summary: Continuance motions must state whether speedy trial is or has been waived.

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Applies to

Motion

Must include

proposed order

If you file a motion that the Judge needs to see or act upon, you must provide a copy with a proposed order to the email provided above and to the opposing party.

Summary: Motions submitted for the Judge to see or act upon must be accompanied by a proposed order.

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Applies to

Agreed motion ?

Must include

caption ?

All Motions that are agreed shall be titled "AGREED ORDER" and the title of the motion.

Summary: Agreed motions must be titled 'AGREED ORDER' together with the title of the motion.

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Applies to

Motion to withdraw

Must include

certificate of service

All Motions to Withdraw and Notice of Hearing must include: 1. Certificate of service to the Defendant; 2. Include the full address of where Notice is being sent to Defendant; 3. Manner of delivery (Email address, Physical Address and U.S. Mail, FedEx , UPS, etc. and/or Hand Delivery). The Court will not hear any Motion to Withdraw without proper notice.

Summary: Motions to withdraw and their notices of hearing must include a certificate of service to the defendant with the defendant's full address and manner of delivery, or the court will not hear the motion.

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Applies to

Notice of hearing ?

All matters noticed or ordered for a hearing or conference before a judge or quasi-judicial officer or court administration program shall contain, in boldface, 14- point Times New Roman or Courier font, the following: American with Disabilities Act (A.D.A). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification. If the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711.

Summary: All hearing and conference notices and orders must contain the prescribed ADA accommodation notice language.

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Applies to

Zoom hearing request ?

All requests for zoom must be accompanied by a Motion for Zoom, with the corresponding underlying motion. The request for zoom hearing and underlying motion shall be sent in advance to the opposing counsel.

Summary: Zoom hearing requests must be accompanied by a Motion for Zoom and the underlying motion, both of which must be sent in advance to opposing counsel.

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Applies to

Motion to continue

Must include

certificate of conference ?

Counsel is required to confer with opposing counsel prior to filing a Motion to Continue and must state on the Motion the results of the conferral.

Summary: Counsel must confer with opposing counsel before filing a Motion to Continue and state the results of the conferral on the Motion.

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Applies to

Notice of hearing

The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be set without a Notice of Hearing from the parties.

Summary: Notices of hearing must state the hearing date, time, and length of time set aside; hearings will not be set without a Notice of Hearing from the parties.

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Applies to

Motion for depositions ?

The motion must identify the witness to be deposed and the good cause for each witness to be deposed.

Summary: Deposition motions must identify each witness to be deposed and the good cause for each deposition.

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Applies to

Motion for depositions

Must include

certificate of conference ?

Counsel is required to confer with opposing counsel prior to filing a Motion for Depositions and must state on the Motion the results of the conferral.

Summary: Counsel must confer with opposing counsel before filing a Motion for Depositions and state the conferral results on the Motion.

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Applies to

Stipulation of substitution of counsel ?

Must include

proposed order

An executed Stipulation of Counsel must be e-filed. A copy of the e-filed Stipulation and a Proposed Order should be emailed to the Judicial Assistant.

Summary: An executed Stipulation of Substitution of Counsel must be e-filed, and a copy with a Proposed Order emailed to the Judicial Assistant.

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Applies to

Motion to withdraw

Must include

certificate of service

All Motions to Withdraw and Notice of Hearing must include: 1. Certificate of service to the Defendant; 2. Include the full address of where Notice is being sent to Defendant; 3. Manner of delivery (Email address, Physical address and U.S. Mail, FedEx, UPS, etc. and/or Hand Delivery). The Court will not hear any Motion to Withdraw without proper notice.

Summary: Motions to withdraw and notices of hearing must include a certificate of service to the defendant showing the defendant's full address and manner of delivery; the Court will not hear the motion without proper notice.

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Applies to

Unopposed motion

Must include

certificate of conference ?

Unopposed Motions: Must contain a certification at the end of the Motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) State whether the parties agree on the resolution of all or part of the Motion.

Summary: Unopposed motions must contain a certification at the end stating that the movant conferred with the opposing party and whether the parties agree on resolution.

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Applies to

Unopposed motion

** UNOPPOSED Motions must contain the language "Unopposed Motion" in the title of the Motion.

Summary: Unopposed motions must include the language 'Unopposed Motion' in the motion's title.

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Applies to

Motion to continue ?

Must include

proposed order

A Proposed Order must accompany the emailed copy sent to the Judicial Assistant.

Summary: A Proposed Order must accompany the emailed copy of a continuance motion sent to the Judicial Assistant.

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Applies to

Waiver of appearance

Defendants are required to appear in-person for any and all Calendar Call Hearings unless a properly executed Waiver Of Appearance is timely filed with the Clerk's Office.

Summary: Defendants must appear in person at all calendar call hearings unless a properly executed Waiver of Appearance is timely filed with the Clerk's Office.

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Applies to

Notice of hearing ?

American with Disabilities Act (A.D.A.). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, For Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711.

Summary: All hearing notices and orders must contain the prescribed ADA accommodation notice language, including the ADA Coordinator's contact information and the 7-day advance request instruction.

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Applies to

Change of plea documents ?

Defendant must upload a fully executed and notarized plea form. Additionally, Defendant must submit an acceptable fingerprint card when the plea is an adjudication. These must be uploaded prior to the Zoom hearing on the change of plea.

Summary: Defendants must upload a fully executed and notarized plea form, and an acceptable fingerprint card for adjudications, before the Zoom change-of-plea hearing.

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Applies to

Notice of hearing ?

The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.

Summary: The Notice of Hearing must state the hearing date, time, and length of time set aside, and hearings will not be set without a Notice of Hearing from the parties.

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Applies to

Unopposed motion ?

Must include

certificate of conference ?

Must contain a certification at the end of the Motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) State whether the parties agree on the resolution of all or part of the Motion.

Summary: Unopposed motions must contain a certification at the end stating that the movant conferred with the opposing party and whether the parties agree on resolution of all or part of the motion.

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Applies to

Unopposed motion

** UNOPPOSED Motions must contain the language "Unopposed Motion" in the title of the Motion.

Summary: Unopposed motions must include the language 'Unopposed Motion' in the title of the motion.

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Applies to

Agreed order

Submitted with Agreed Motions must contain the language "Agreed Order" in the heading and should be submitted with supporting documentation to the Court's CMS workbench or via email to divmq@17th.flcourts.org in PDF format.

Summary: Agreed orders submitted with agreed motions must contain the language 'Agreed Order' in the heading.

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Applies to

Motion for continuance ?

Must include

proposed order ?

Must be submitted to the Court with an attached Order on or before the Wednesday prior to the Calendar Call.

Summary: A motion for continuance must be submitted to the Court with an attached order.

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Civil cases

Applies to

Proposed order

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.

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Civil cases

Applies to

Proposed order ?

(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.

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Civil cases

Applies to

Petition for appointment of guardian

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.

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Civil cases

Applies to

Notice of hearing

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.

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Civil cases

Applies to

Notice of readiness for trial

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.

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Civil cases

Applies to

Emergency motion

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.

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Applies to

Physical evidence

Parties/counsel are required to present physical evidence, such as photographs and/or videos, as hard copies or on a USB drive at the time of the hearing. Showing the contents of a phone, laptop, or tablet, will not constitute the entry of evidence. Please be advised that e-mailing materials to the Judicial Assistant, uploading them to the docket or CMS, or filing them with the Clerk of the Courts is insufficient for purposes of entering evidence.

Summary: Physical evidence must be presented as hard copies or on a USB drive at the hearing; displaying devices or emailing/uploading materials does not constitute entry of evidence.

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Applies to

Financial affidavit

Each party involved in a family law case where child support, alimony, or equitable distribution is at issue must file a financial affidavit. This includes cases involving dissolution of marriage, paternity, or support.

Summary: Each party in cases involving child support, alimony, or equitable distribution must file a financial affidavit.

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Applies to

Certificate of conferral

Must include

certificate of conference ?

As of October 31, 2025, in accordance with Local Rule 10A and in compliance with Florida Rule of Civil Procedure 1.202, the parties are required to include a certificate of conferral stating the following prior to setting a hearing on a properly filed motion: "I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing counsel/party and [the opposing counsel/party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing counsel/party did not respond (describing with particularity the efforts undertaken to accomplish dialogue with the opposing counsel/party prior to filing the motion)]."

Summary: A certificate of conferral with specified language is required before setting a hearing on any properly filed motion; in Division 37 conferral means oral communication (in-person, video, or telephone), not just e-mail.

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Applies to

Notice of hearing ?

Must include

certificate of conference ?

NO HEARINGS WILL BE SET WITHOUT A CERTIFICATE OF CONFERRAL.

Summary: No hearing will be set without a certificate of conferral.

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Applies to

Notice of hearing

If, after making a good-faith effort to confer regarding a mutually agreeable hearing date and time, you do not receive a response from opposing counsel or the self-represented party within two (2) full business days of your communication, or you have made at least three (3) good-faith attempts to coordinate the hearing without successfully obtaining a mutually agreeable date and time, you may set the hearing unilaterally. The Notice of Hearing must state: "Set Unilaterally Pursuant to Judge Kanner's Procedures."

Summary: A hearing may be set unilaterally if no response is received within two full business days or after three good-faith attempts, and the Notice of Hearing must state 'Set Unilaterally Pursuant to Judge Kanner's Procedures.'

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Applies to

Notice of hearing

All notices of hearing shall set forth the date and time of the hearing and the hearing location instructions and shall be filed with the Clerk of the Courts. If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing.

Summary: Notices of hearing must state the date, time, and location (including Zoom instructions for Zoom hearings) and be filed with the Clerk.

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Applies to

Motion for remote appearance ?

Parties, counsel, and witnesses, however, are required to appear in-person when mandated by Division Procedures or when ordered by the Court. The parties may not stipulate or otherwise agree among themselves to appear via Zoom. If remote appearance is requested for any party, counsel, or witness, a motion must be properly filed and set on UMC pursuant to Local Rule 10(a) in advance of the hearing or trial.

Summary: Remote appearances require a properly filed motion set on UMC in advance; parties may not stipulate among themselves to appear via Zoom.

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Applies to

Emergency motion

All emergency motions MUST include a certification by counsel or the party pro se that the motion qualifies under one of the above definitions AND is brought in good faith.

Summary: Emergency motions must include a certification by counsel or the pro se party that the motion meets the emergency definitions and is brought in good faith.

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Applies to

Notice of readiness for trial

In the Notice of Readiness for Trial, please include the following: The approximate length of trial; The approximate number of witnesses to be called at trial; The approximate number of expert witnesses to be called at trial; The remaining disputed issues; and All necessary affidavits and certificates of compliance with mandatory disclosure have been filed.

Summary: The Notice of Readiness for Trial must include estimated trial length, witness and expert counts, remaining disputed issues, and confirmation that affidavits and mandatory disclosure certificates are filed.

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Applies to

Proposed order

All proposed orders must include all relevant factors the Court must evaluate pursuant to Florida Statutes and the specific findings made by the Court. Failure to include the statutory factors may result in this Court rejecting the proposed order.

Summary: Proposed orders must include all applicable statutory factors and the Court's specific findings or they may be rejected.

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Applies to

Agreed proposed order

All AGREED proposed orders must include a verification that the proposed agreed order has been reviewed by the opposing counsel/party and the opposing counsel/party agrees with the proposed order or the proposed order shall be rejected. The verification may be in the body of the proposed order or attached through the CMS portal under SUPPORTING DOCUMENTS (e.g., cover letter, e-mail, other correspondence indicating agreement). Failure to include such verification will result in a rejection of the proposed agreed order.

Summary: Agreed proposed orders must include verification of the opposing party's review and agreement (in the body or as a supporting document) or they will be rejected.

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Applies to

Proposed order

ALL proposed orders must contain the hearing date(s), the title of the motion(s) heard, the date such motion was filed, and any other pertinent date. Each exhibit referenced must be clearly identified for the Court. If a deposition, hearing, or trial transcript is referenced, a complete copy of the transcript must be filed in the Court record. Failure to include such information may result in this Court rejecting the proposed order.

Summary: Proposed orders must contain hearing date(s), motion title(s), motion filing date, other pertinent dates, clearly identified exhibits, and filed transcripts for any referenced depositions/hearings, or they may be rejected.

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Applies to

Proposed final judgment

In all cases involving minor children, any proposed final judgment shall also include a proposed parenting plan in substantial conformity with Florida Family Law Rules of Procedure Form 12.995(a), and, where applicable, child support guidelines worksheets and calculations pursuant to Florida law.

Summary: Proposed final judgments in cases with minor children must include a parenting plan conforming to Form 12.995(a) and, where applicable, child support guidelines worksheets and calculations.

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Applies to

Proposed final judgment

The proposed final judgment must include the date of the final hearing or it will be rejected.

Summary: Proposed final judgments must include the date of the final hearing or they will be rejected.

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Applies to

Foreign language document or exhibit ?

Any document or exhibit written in a language other than English must be accompanied by a complete English translation prepared and certified by a qualified translator. Foreign-language documents submitted without a certified English translation will not be considered by the Court and may not be admitted into evidence.

Summary: Non-English documents or exhibits must include a certified complete English translation or they will not be considered and may not be admitted into evidence.

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Applies to

Rucd final judgment submission ?

Prior to requesting dissolution by affidavit the following documents must be submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS.

Summary: RUCD requests require uploading the petition/counter-petition, answer or waiver, any default order, marital settlement agreement/parenting plan with worksheets, UCCJEA affidavits if children, financial affidavits, valid photo ID, and a signed and notarized Supplemental Sworn Affidavit via CMS supporting documents.

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Applies to

Proposed final judgment rucd ?

The proposed order must contain the order title of: FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT or it will be rejected.

Summary: The RUCD proposed order must be titled FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT or it will be rejected.

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Applies to

Motion for remote appearance ?

Must include

proposed order ?

Phone and /or Video Conference appearance may be permitted; however, the movant must e-file a written motion prior to the hearing and secure an order via the e-order service or directly to chambers permitting remote appearance.

Summary: Remote appearance requires the movant to e-file a written motion before the hearing and secure an order permitting remote appearance.

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Applies to

Hearing documentation ?

Must include

certificate of service ?

Pro Se / Non Represented Parties must email or mail a copy of all Documentation that is to be presented to the court for the Hearing to the Judicial Assistant at least five (5) business days prior to the scheduled hearing date and must include a certification that a copy was provided to the opposing party.

Summary: Pro se parties' hearing documentation must include a certification that a copy was provided to the opposing party.

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Applies to

Proposed order ?

A party may not submit an order through the online order system unless the form of the order has been approved by both parties.

Summary: An order may only be submitted through the online order system if both parties have approved its form.

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Applies to

Emergency motion ?

Please do not simply email the Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, Circuit and County Civil and Probate Emergency Matters, “including the submission of a “ Request for Emergency Relief.”

Summary: Emergency motions must comply with Administrative Order 2021-51-CO, including submission of a Request for Emergency Relief; a bare email claiming emergency is insufficient.

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Applies to

Motion for continuance ?

Must include

proposed order

A Motion must be filed. A proposed order must be uploaded.

Summary: A Motion for Continuance must be filed and a proposed order uploaded.

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Applies to

Request to invoke rules of small claims ?

Must include

proposed order

Judge Peffer requires a uniform order for this purpose submitted via the e-order system. Proposed orders submitted not in compliance will not be entered. The required form is attached to these instructions.

Summary: Requests to invoke the small claims rules require the required uniform order form submitted via the e-order system or the order will not be entered.

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Applies to

Motion to compel discovery local rule 11 ?

If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language (e.g., waiver of privilege, etc.) This division does not hear these motions.

Summary: When Local Rule 11 is triggered, parties must use the standard form without additional language, and this division does not hear those motions.

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Applies to

Motion for substitution of counsel ?

The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)

Summary: Substitution of counsel requires the client's written consent and a certification by new counsel that they reviewed the docket and spoke with all counsel of record.

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Applies to

Motion to withdraw as attorney

Must include

certificate of service

When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and e-mail address if any, within the text of the Motion. You are also required to serve on your client a copy of the Motion to Withdraw and a Notice of Hearing. You must include your client's name and contact information in the certificate of service for both the Motion to Withdraw and the Notice of Hearing.

Summary: A Motion to Withdraw must include the client's contact information in the motion text and in the certificate of service for both the motion and the notice of hearing.

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Applies to

Proposed order motion to withdraw ?

Your proposed order must include your client's contact information and indicate that your client has 30 days to retain new counsel and have counsel file a notice of appearance or your client shall be deemed to be proceeding pro-se unless the party must be represented per the rules of civil procedure.

Summary: The proposed order on a motion to withdraw must include the client's contact information and 30-day notice to retain new counsel or be deemed pro se.

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Applies to

Notice of hearing

It is mandatory that all parties consult with one another regarding their availability. However, if after three (3) reasonable good faith attempts were unsuccessful, a party may unilaterally set a hearing. Once the hearing has been set the Notice of Hearing must indicate that it is a Unilaterally Set hearing and please attach the correspondence supporting the attempts to coordinate the hearing.

Summary: After three unsuccessful good-faith attempts to coordinate, a party may unilaterally set a hearing, and the notice must be marked as unilaterally set with supporting correspondence attached.

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Applies to

Any filed paper ?

Must include

ai disclosure ?

If any attorney for a party or a pro se party has used Artificial Intelligence (AI) in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, assigned to Judge Peffer, MUST in a clear and plain factual statement, disclose that AI has been used in any way in the filing, and CERTIFY that each and every citation to the law or the record in the paper, has been verified as accurate, the order stated.

Summary: Any filing prepared with AI must include a clear factual disclosure of AI use and a certification that all citations to the law or record were verified as accurate.

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Applies to

Courtesy copy pleading ?

Must include

certificate of service ?

You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party.

Summary: Courtesy pleadings provided to the Court must include a certification that they were simultaneously provided to the opposing party.

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Applies to

Notice of hearing

Must include

certificate of conference ?

In accordance with Local Rule 10A, all special set hearings shall contain the following language in the body of the notice of hearing: I hereby certify that I have made a good faith attempt to resolve this matter by having direct communication about the matter with all parties, prior to my noticing this motion for hearing. In Division 41, direct communication means oral communication, which includes FaceTime, Zoom, and Telephone, not just e-mail.

Summary: Notices of special set hearings must contain the Local Rule 10A good-faith conferral certification, and direct communication means oral communication (FaceTime, Zoom, or telephone).

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Applies to

Notice of hearing

All notices of hearing shall set forth the date and time of the hearing and the hearing location instructions and shall be filed with the Clerk of Courts. If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing. This office does not require a copy of the Notice of Hearing, unless otherwise ordered by the Court.

Summary: Notices of hearing must state the date, time, and location instructions (including Zoom instructions), be filed with the Clerk, and no chambers copy is required.

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Applies to

Emergency motion

All emergency motions MUST include a certification by counsel or the party pro se that the motion qualifies under one of the above definitions AND is brought in good faith.

Summary: Emergency motions must include a certification that the motion meets the emergency definitions and is brought in good faith.

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Applies to

Mediation impasse report

No case shall be set for trial unless and until a mediation impasse report is filed with the Clerk's Office.

Summary: No case may be set for trial until a mediation impasse report is filed with the Clerk's Office.

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Applies to

Notice of readiness for trial

In the Notice of Readiness for Trial, please include the following: a. The approximate length of trial; b. The approximate number of witnesses to be called at trial; c. The approximate number of expert witnesses to be called at trial; d. The remaining disputed issues; and e. All necessary affidavits and certificates of compliance with mandatory disclosure have been filed.

Summary: The Notice of Readiness for Trial must state the approximate trial length, number of witnesses and expert witnesses, remaining disputed issues, and confirm required affidavits and disclosure certificates are filed.

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Applies to

Proposed order appointing guardian

Proposed Orders appointing guardians must include input from the Guardian ad Litem ("GAL") before submission, not just from the parties and their counsel.

Summary: Proposed orders appointing guardians must include input from the Guardian ad Litem before submission.

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Applies to

Proposed order

ALL proposed orders must contain the hearing date (if held), the title of the motion, and the date the motion was filed.

Summary: All proposed orders must contain the hearing date (if held), the motion title, and the motion filing date.

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Applies to

Agreed order

All AGREED proposed orders must include a verification that the proposed agreed order has been reviewed by the opposing party and the opposing party agrees with the proposed order or the proposed order shall be rejected.

Summary: Agreed proposed orders must include verification of opposing party review and agreement or they will be rejected.

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Applies to

Proposed order

ALL proposed orders must contain the hearing date(s), the title of the motion(s) heard, the date such motion was filed, and any other pertinent date.

Summary: All proposed orders must contain the hearing date(s), motion title(s), motion filing date, and any other pertinent dates.

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Applies to

Proposed order ?

If a deposition, hearing, or trial transcript is referenced, a complete copy of the transcript must be filed in the Court record.

Summary: Referenced deposition, hearing, or trial transcripts must be filed in full in the Court record.

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Applies to

Proposed order

All proposed orders must include all relevant factors the Court must evaluate pursuant to Florida Statutes and the specific findings made by the Court. Failure to include the statutory factors may result in this Court rejecting the proposed order.

Summary: Proposed orders must include all relevant statutory factors and the Court's specific findings or risk rejection.

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Applies to

Proposed final judgment ?

Once the hearing is concluded, please submit the Final Judgment through CMS and include the Driver's License as an attachment through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Final Judgments must be submitted through CMS with the Driver's License attached under SUPPORTING DOCUMENTS.

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Applies to

Proposed final judgment

All proposed final judgments must include all relevant factors the Court must evaluate pursuant to Florida Statutes and the specific findings made by the Court. Failure to include the statutory factors may result in this Court rejecting the proposed order.

Summary: Proposed final judgments must include all relevant statutory factors and the Court's specific findings or risk rejection.

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Applies to

Proposed final judgment

The proposed final judgment must include the date of the final hearing or it will be rejected.

Summary: Proposed final judgments must include the date of the final hearing or they will be rejected.

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Applies to

Mediation order request ?

If you are requesting an order for Court Mediation, please upload the Standard Mediation Order AND it must be accompanied by copies of the financial affidavits of both parties through the CMS portal under SUPPORTING DOCUMENTS for the Order of Referral to be issued by this Court.

Summary: Requests for Court Mediation orders must include the Standard Mediation Order plus both parties' financial affidavits via the CMS portal.

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Applies to

Agreed order substitution of counsel ?

Substitution of Counsel: If the attorneys have agreed to a substitution of counsel, the proposed order may be submitted as an Agreed Order through the CMS Workbench. The proposed order must include: (1) the name of the law firm and/or attorney that is to be substituted as counsel of record, (2) the name of the party (Plaintiff/Defendant), and (3) the name of the law firm and/or attorney that is to be withdrawn as counsel and shall bear no further responsibility in the matter. The stipulation of counsel must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Agreed substitution-of-counsel orders may be submitted via CMS Workbench and must identify the incoming counsel, the party, and the withdrawing counsel, with the stipulation uploaded as a supporting document.

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Applies to

Agreed order withdrawal of counsel ?

The proposed order granting withdrawal must include: (1) the client's name; (2) the client's most recent physical and mailing addresses, e-mail address, and phone number; (3) advise the client they may retain new counsel at any time or proceed pro se; and advise the client they have a continuing obligation to keep their contact information up-to-date with the Clerk of Court. The client's verification of consent must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Withdrawal orders with client consent must include the client's name, current contact information, advisories about new counsel and contact updates, plus the client's verification of consent uploaded via CMS.

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Applies to

Rucd submission ?

Prior to requesting dissolution by affidavit the following documents must be submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Dissolution-by-affidavit (RUCD) requests require a specified set of documents submitted through the CMS portal under SUPPORTING DOCUMENTS before the request.

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Applies to

Proposed final judgment dissolution by affidavit ?

The proposed order must contain the order title of: FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT or it will be rejected.

Summary: The RUCD proposed order must be titled 'FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT' or it will be rejected.

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Applies to

Notice of hearing

This link and conference meeting number will work for all Division 41 hearings/trials. This information must be included in all notices of hearing.

Summary: All notices of hearing must include the Division 41 Zoom link and Meeting ID.

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Applies to

Statement of material facts

The moving party shall file a statement of material facts as a separate filing from a motion for summary judgment.

Summary: The movant must file its statement of material facts as a separate filing from the motion for summary judgment.

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Applies to

Proposed exhibits

Prior to the hearing, the attorney who desires evidence must upload proposed exhibits as "Supporting Documents" for the hearing/motion through the CMS portal and if opposed, be prepared to lay a predicate for their admission in evidence. Use Bates numbers on all proposed exhibits so they can be identified for the court record.

Summary: Attorneys who want evidence considered at a hearing must upload proposed exhibits (with Bates numbers) as Supporting Documents through the CMS portal before the hearing.

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Applies to

Umc motion setting certification ?

Must include

local rule certificate, certificate of conference ?

To comply with the Local Rule 10(A), every party setting a motion for hearing shall execute the following certification: I hereby certify that, 1. I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing, and 2. The issues before the Court may be heard and resolved by the court within five (5) minutes.

Summary: Every party setting a motion for UMC hearing must execute a Local Rule 10(A) certification of good faith attempt to resolve and that the issue can be resolved within five minutes.

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Applies to

Motion

In a motion or petition for an order, the movant shall include a concise statement of the relief requested, a statement of the basis for the request and citation to legal authority, statutory and case law, in support of the motion.

Summary: Motions and petitions must include a concise statement of the relief requested, the basis for the request, and citation to statutory and case law.

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Applies to

Motion for relief from page limitation ?

A motion requesting relief from the page limitation shall not exceed two (2) pages, specify what efforts have been made to comply with the page limitation, specify the length of the proposed filing and do not include any attachments.

Summary: A motion for relief from the page limitation must specify efforts made to comply and the length of the proposed filing, and may not include attachments.

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Applies to

Statement of material facts ?

Each material fact in the statement that requires evidentiary support shall be set forth in an individually numbered paragraph and supported by a specific citation. This specific citation shall reference pages (and paragraph or line numbers, if applicable) of the cited exhibit(s). When a material fact requires evidentiary support, a general citation to an exhibit, without a page number or pincite, is not permitted.

Summary: Each material fact requiring evidentiary support must be in an individually numbered paragraph with a specific pincite to exhibit pages/paragraph/line numbers; general citations without pincites are not permitted.

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Applies to

Motion for rehearing ?

Must include

proposed order

The filed motion along with a proposed order MUST BE submitted electronically for the Court's consideration.

Summary: A proposed order must be submitted electronically along with the motion for rehearing/reconsideration.

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Applies to

Proposed order granting withdrawal

If you do not have client written consent in accordance with Fla. R. Jud. Adm. 2.505, please notice the client with both the motion and the notice of hearing. In the body of the proposed order granting withdrawal please include the client's address, email address and phone number. If the client is an individual please include the following language in the Order: Within 20 days client shall either retain new counsel who must file a Written Notice of Appearance with the Clerk of Court; or the client must file a written notice with the Clerk of Court advising that he or she will be representing himself or herself (pro se). If the client is a business entity please include the following language in the Order, (Name of Client) shall be represented by counsel who shall file a Written Notice of Appearance within 20 days of the date of the order.

Summary: A proposed order granting withdrawal must include the client's address, email and phone number plus prescribed language for individual clients (20 days to retain counsel or file pro se notice) and business entities (counsel to file notice of appearance within 20 days).

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Applies to

Exhibits

Each exhibit referenced in the motion for summary judgment and/or in the statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled. If a deposition transcript is referenced, a complete copy must be filed which includes all exhibits.

Summary: All exhibits referenced in a summary judgment motion or statement of material facts must be filed on the docket, with complete deposition transcripts including all exhibits.

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Applies to

Opposing statement of material facts

A responding party's opposing statement of material facts must specifically respond to each statement in the movant's statement by setting forth each of the individually numbered paragraphs contained in the movant's statement and after each paragraph, detail respondent's response or opposition.

Summary: The opposing statement of material facts must respond paragraph-by-paragraph to each individually numbered statement in the movant's statement.

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Applies to

Exhibits

Each exhibit referenced in the response to the motion for summary judgment and/or in the opposing statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled. If a deposition transcript is relied upon, a complete copy must be filed which includes all exhibits.

Summary: All exhibits referenced in the response or opposing statement of material facts must be filed on the docket, including complete deposition transcripts with all exhibits.

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Applies to

Motion for default final judgment

Motions for Default Final Judgment. A hearing may not be required if the Plaintiff has pleaded a specific dollar amount in the complaint. Please include a copy of that portion of the complaint that states the specific dollar amount with your AOI. If the Plaintiff is seeking any relief beyond well-pleaded liquidated damages, a hearing is required, Minkoff v. Caterpillar Financial Services Corp., 103 So.3d 1049 (Fla. 4th DCA 2013). Attorney fees and other unliquidated damages will require either an evidentiary or a summary judgment hearing.

Summary: For default final judgments, include the complaint portion stating the specific dollar amount with the AOI; a hearing is required if relief beyond well-pleaded liquidated damages (e.g., attorney fees or unliquidated damages) is sought.

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Applies to

Supporting documents upload ?

The online scheduling receipt; The notice of hearing; (Note: the Notice of Hearing must include information on ZOOM. Please do not notice any physical hearings in the courthouse at this time.) The motion together with all items to which the motion is directed. For motions to dismiss, include the complaint. For discovery motions, include the subject discovery.

Summary: Hearing uploads must include the online scheduling receipt, a notice of hearing containing Zoom information (no physical hearings may be noticed), and the motion with all items it is directed at, such as the complaint for motions to dismiss and the subject discovery for discovery motions.

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Applies to

Order after hearing

Orders After Hearing. The order reflects the court's ruling at a previous hearing and the language is agreed to by all parties. The order must contain the date of hearing and type of motion.

Summary: Orders after hearing must contain the date of the hearing and the type of motion.

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Applies to

Agreed order

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.

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Applies to

Motion for summary judgment

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.

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Applies to

Hearing on attorney fees ?

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.

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Applies to

Proposed order on motion to withdraw ?

Must include

proposed order

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.

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Applies to

Motion to withdraw ?

The client’s signature and consent is required in the motion.

Summary: A motion to withdraw must include the client's signature and consent.

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Applies to

Judgment on liquidated damages

Must include

certificate of service ?

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.

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Applies to

Trial exhibits ?

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.

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Applies to

Notice of hearing

The attorney scheduling the hearing is responsible for coordinating the date with opposing counsel as well as preparing and filing the required Notice of Hearing.

Summary: The attorney scheduling a CMS motion calendar hearing must coordinate the date with opposing counsel and prepare and file a Notice of Hearing.

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Applies to

Notice of hearing

Once a date has been set, the attorney setting the hearing must file a Notice of Hearing! Without a Notice of Hearing the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.

Summary: A Notice of Hearing must be filed once a special set hearing date is set, or the Court may not hear the matter unless the opposing party waives the notice requirement.

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Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any Motion to Withdraw where the Defendant is not present and no proper notice has been provided.

Summary: Motions to Withdraw must include a certificate of service to the Defendant (also included in the Notice of Hearing) or the Court will not hear the motion.

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Applies to

Agreed motion

Must include

caption ?

Agreed Motions must contain a statement indicating the agreement. Orders submitted to said motions must contain the language, “Agreed Order,” in the heading.

Summary: Agreed motions must state the agreement, and orders submitted on agreed motions must contain the language "Agreed Order" in the heading.

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Applies to

Motion for substitution of counsel ?

Must include

proposed order ?

Substitution of Counsel will only be granted where the prior attorney, the successor attorney, and the Defendant submit a written motion evidencing authorization and agreement to the substitution. Orders granting the substitution must be submitted to the Court with the motion. If there is no Defendant authorization the substitution will be denied. No substitution will be considered effective without an order of substitution executed by the Court.

Summary: Substitution of counsel requires a written motion showing authorization and agreement by the prior attorney, successor attorney, and Defendant, with the proposed order submitted with the motion.

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Applies to

Proposed order

Must include

judge name, case number ?

Proposed orders must be reviewed for correct style, case number, judge, jurisdiction, and date.

Summary: Proposed orders must be reviewed for correct style, case number, judge, jurisdiction, and date before submission.

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Applies to

Plea and sentencing documents ?

The Court requires that all forms, orders, and other documents related to plea and sentence be prepared and signed in advance of the hearing scheduled via CMS as a negotiated change of plea. Failure to be prepared at the time the matter is called on the motion calendar will result in deletion of the matter and the parties will need to reset when all forms and documents are complete.

Summary: All plea and sentencing forms, orders, and documents must be prepared and signed before the CMS-scheduled change of plea hearing, or the matter will be deleted and must be reset.

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Applies to

Notice of hearing ?

Must include

local rule certificate, certificate of conference ?

To comply with the Local Rule 10(A), every party setting a motion for hearing shall execute the following certification: I hereby certify that, 1. I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing, and 2. The issues before the Court may be heard and resolved by the court within five (5) minutes.

Summary: Every party setting a motion for UMC hearing must execute a Local Rule 10(A) certification of good-faith resolution attempt and 5-minute suitability.

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Applies to

Motion for summary judgment

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: A motion for summary judgment must be accompanied by a separately filed statement of material facts.

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Applies to

Default judgment ?

Must include

certificate of service ?

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; CMS orders must include the motion in supporting documents.

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Applies to

Proposed order

Must include

proposed order

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: Granted motions to withdraw require a Proposed Order containing the specified future-correspondence paragraph with the former client's contact information.

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Applies to

Motion to withdraw ?

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. The client's signature and consent is required in the motion.

Summary: Withdrawal orders for entity clients must state counsel must appear within 20 days or default may be entered; the motion to withdraw requires the client's signature and consent.

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Applies to

Default final judgment ?

Must include

certificate of service ?

When sending electronically to the Court, make sure all supporting documents are attached, i.e., motion, default and proof of service. (A clerk's default is insufficient).

Summary: Electronic submissions for default final judgment must attach all supporting documents: motion, default, and proof of service (a clerk's default is insufficient).

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Applies to

Default judgment ?

Must include

certificate of service ?

If you are seeking liquidated damages and do not believe an evidentiary hearing is necessary and for judgments on liquidated damages, the Court requires: (a.) Submission of Proof of Service, evidence of the debt with Affidavit, the Complaint and Final Judgment. (A clerk's default is insufficient)

Summary: Judgments on liquidated damages require submission of proof of service, affidavit evidence of the debt, the complaint, and final judgment; a clerk's default is insufficient.

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Applies to

Notice of hearing ?

Be sure to mention in the notice that the hearing will be held via ZOOM Video Conference due to the COVID-19 situation, please remove the Courthouse address and Courtroom number and please provide the "Join ZOOM Meeting" link, the meeting ID, and phone numbers, including the "how to find your local phone number" link if the individual cannot appear through ZOOM video.

Summary: Notices of hearing must state the hearing will be via Zoom, remove the courthouse address and courtroom number, and include the Zoom link, meeting ID, and phone numbers.

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Applies to

Agreed order ?

Must include

local rule certificate ?

The sender MUST certify the submitted order is agreed by selecting a specific category.

Summary: Agreed order submissions must certify agreement by selecting a specific category.

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Applies to

Agreed order ?

Orders After Hearing. The order must reflect the court's ruling at a previous hearing and the language is agreed to by all parties. The order must contain the date of hearing and type of motion.

Summary: Orders after hearing must reflect the court's ruling, be agreed to by all parties, and contain the hearing date and motion type.

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Applies to

Proposed order

All PROPOSED ORDERS must be submitted through CMS with a cover sheet stating the parties DO NOT AGREE.

Summary: Non-agreed proposed orders must be submitted through CMS with a cover sheet stating the parties do not agree.

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Civil cases

Applies to

Proposed order ?

The body of the order shall state the date the hearing was held.

Summary: The body of a proposed order must state the date the hearing was held.

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Civil cases

Applies to

Order of dismissal

For settled cases, the order of dismissal title must include the following language: "FINAL ORDER OF DISMISSAL AND CLOSING FILE" and be submitted with the form in Fla.R.Civ.P. 1.998.

Summary: Orders of dismissal for settled cases must be titled 'FINAL ORDER OF DISMISSAL AND CLOSING FILE' and submitted with the Fla.R.Civ.P. 1.998 form.

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Civil cases

Applies to

Emergency pleading ?

Must include

proposed order

Any pleading asserting the existence of an emergency shall be submitted by electronic mail to the Judicial Assistant (Div14@17th.flcourts.org), accompanied by a cover letter to the Court and a proposed order.

Summary: Emergency pleadings must be accompanied by a cover letter to the Court and a proposed order.

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Civil cases

Applies to

Emergency motion

Must include

local rule certificate ?

All emergency motions must include a certification by Counsel or the party pro se that the motion both qualifies under the above definitions and is brought in good faith.

Summary: Emergency motions must include a certification by counsel or the pro se party that the motion qualifies as an emergency and is brought in good faith.

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Civil cases

Applies to

Motion

All motions or applications for an order shall include a concise statement of the relief requested, a statement of the basis for the request, and citation to the legal authority in support thereof.

Summary: All motions must include a concise statement of the relief requested, the basis for the request, and citation to supporting legal authority.

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Civil cases

Applies to

Motion

Must include

certificate of conference ?

Prior to appearing before the Court, the parties shall discuss the issues raised in the pending motion, and both parties shall be prepared to certify they have made a good faith effort to resolve the issue or issues without intervention of the Court. Please note that pursuant to Local Rule 10-A, which the Court incorporates herein: "prior to setting any matter on . . . motion calendar, the party or parties noticing the motion shall attempt to resolve the matter by direct communication with all parties, and shall also certify a good faith attempt to resolve or narrow the issues contained in the motion. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging."

Summary: Before setting a motion on the motion calendar, the noticing party must attempt to resolve the issues by direct communication with all parties and certify a good-faith conferral effort (Local Rule 10-A).

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Civil cases

Applies to

Motion to compel

Must include

proposed order

When a motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. Movant shall submit a proposed order. However, a motion alleging merely inaccurate, incomplete, untimely, stale or otherwise defective responses to a demand for disclosure, always require a hearing with notice to the non-moving party.

Summary: Motions to compel alleging complete failure to respond may proceed ex parte with a submitted proposed order (compliance within 10 days); motions challenging defective responses always require a noticed hearing.

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Civil cases

Applies to

Proposed order granting withdrawal

In the body of the proposed order granting withdrawal, the client's name, physical and mailing addresses, email address, and phone number must be included. If counsel is appearing telephonically, an order may be submitted in advance.

Summary: The proposed order granting withdrawal must include the client's name, physical and mailing addresses, email address, and phone number in its body (and may be submitted in advance if counsel appears telephonically).

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Civil cases

Applies to

Motion for summary judgment

A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought. The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing. Fla.R.Civ.P. 1.510(a).

Summary: Summary judgment motions must identify each claim or defense at issue and be accompanied by a separately filed statement of material facts.

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Civil cases

Applies to

Proposed order

Any party submitting a proposed order shall provide an advance copy to the opposing party to confirm whether an objection to the proposed language exists; the submitting party must then certify that all parties agree to the language as an accurate statement of the Court's ruling and that the order does not otherwise require any further hearing prior to entry under either Florida law or the Rule of Procedure.

Summary: The submitting party must certify that all parties agree the proposed order accurately states the Court's ruling and requires no further hearing before entry.

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Applies to

Notice of hearing

When scheduling a remote hearing, you must include the below paragraphs including the ZOOM link in your Notice of Hearing.

Summary: A Notice of Hearing for a remote hearing must include the designated paragraphs, including the ZOOM link, meeting ID, and instructions for arranging in-person appearance.

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Applies to

Notice of unilaterally set hearing

The two (2) attempts shall be noted on the face of the Notice of Unilaterally Set Hearing.

Summary: The two documented coordination attempts must be noted on the face of the Notice of Unilaterally Set Hearing.

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Applies to

Exhibit list

An Exhibit List, containing a cover page with a brief description of each exhibit intended to be introduced at trial, with attached copies of all exhibits must be filed with the Clerk of Court by each party (with a copy served on the opposing party) no later than five (5) days prior to the evidentiary hearing/Trial date.

Summary: For ZOOM evidentiary hearings, each party must file an Exhibit List with a cover page briefly describing each exhibit and attached copies of all exhibits.

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Applies to

Proposed order motion to compel ?

The movant may submit a proposed e-order through CMS. The form of the order that must be used is attached to these procedures. Do not add any additional language to this form order (i.e. waiver of privilege, etc.).

Summary: For a Motion to Compel alleging complete failure to respond to discovery, the movant may submit a proposed e-order through CMS that must use the attached form order without adding any additional language.

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Applies to

Motion to withdraw as attorney of record

When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.

Summary: A Motion to Withdraw as Attorney of Record must include the client's contact information, including address and email address (if any), within the text of the motion.

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Applies to

Proposed order motion to withdraw ?

Your proposed order must contain the below language: For individuals: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____." IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A "PRO-SE" LITIGANT. For corporate entities: "IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS."

Summary: A proposed order on withdrawal by consent must contain the specified language for individual parties and the specified warning language for corporate entities.

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Applies to

Stipulation or motion to substitute counsel ?

Stipulations for Substitution of Counsel or Motions to Substitute Counsel shall be signed by both the former attorney and the new attorney taking the case over.

Summary: Stipulations or Motions to Substitute Counsel must be signed by both the former attorney and the new attorney taking over the case.

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Applies to

Divisional email ?

Must include

case number

All emails MUST INCLUDE IN THE SUBJECT LINE the case style, which includes the case number and party names. Please double check the case numbers to ensure that the number is correct and that you are emailing the correct Division. If the motion your are emailing is an emergency, please note that in the subject line.

Summary: Emails to the division must include the case style (case number and party names) in the subject line, and emergency motions must be noted in the subject line.

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Applies to

Proposed order granting withdrawal

In the body of the proposed order granting withdrawal please include the client's last known address, email address and phone number.

Summary: Proposed orders granting withdrawal must include the client's last known address, email address and phone number in the body.

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Applies to

Notice of hearing

Must include

certificate of conference ?

To comply with the above, every party or attorney setting a motion for hearing shall execute the following certification in the Notice of Hearing: I hereby certify that: A. I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing; and B. The issues before the Court may be heard and resolved by the Court within five (5) minutes.

Summary: Every notice of hearing must include a certification of good-faith attempt to resolve and that the matter can be heard within five minutes.

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Applies to

Special set hearing request ?

After your meet and conferral, please email your request, and you must copy all parties within the email, to Ms. Del Ponte at div33@17th.flcourts.org, along with a copy of the motion(s) with all the attachments, if applicable, you would like to set, and include the following information in your email: 1. Evidence of the parties' good faith attempt to resolve the matter. (The date of your communication with the opposing attorney or self- represented party, the manner of your communication, and the names of the individuals who participated in the communication) 2. A copy of the Motion to be special set 3. Whether the matter is time-sensitive or is entitled to statutory preference; 4. Is this an evidentiary hearing. 5. The amount of time requested by the moving party; 6. The amount of time requested by the non-moving party YOUR EMAIL WILL NOT BE RESPONDED TO IF ALL OF THIS INFORMATION IS NOT INCLUDED.

Summary: Special set hearing requests must be emailed copying all parties with the motion and six required items of information, or the email will not be answered.

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Applies to

Notice of hearing

Must include

certificate of conference ?

In accordance with Local Rule 10A, all special set hearings shall contain the following language in the body of the notice of hearing: I hereby certify that I have made a good faith attempt to resolve this matter by having direct communication about the matter with all parties, prior to my noticing this motion for hearing. In Division 33, direct communication means only oral communication, which includes FaceTime, Zoom, and Telephone, NOT E-MAIL.

Summary: Special set notices of hearing must contain the Local Rule 10A good-faith certification, and direct communication means oral communication only, not email.

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Applies to

Proposed order

You must upload an explanatory cover letter and every proposed order must state whether opposing counsel has agreed to the form and content.

Summary: Agreed orders must be uploaded with an explanatory cover letter, and every proposed order must state whether opposing counsel agreed to the form and content.

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Applies to

Mediation order

If you are requesting a Mediation order, you must send the Standard Mediation Order WITH BOTH parties’ financial affidavits.

Summary: Requests for mediation orders must include the Standard Mediation Order with both parties' financial affidavits.

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Applies to

Proposed order

All proposed orders should be accompanied by a cover letter indicating if the parties are in agreement to the form and substance of the proposed order. The Court DOES NOT hold orders pending objections longer than three (3) business days, so the cover letter must indicate when and how the proposed order was sent to the opposing party/counsel for review and certify the following: The opposing party/counsel is in agreement to the proposed order The specific objections of the opposing party/counsel That at least three (3) days have passed since the proposed order was sent to the opposing party and no objection has been received prior to the party submitting the order to the Court. Failure to include a cover letter and/or certification will result in the rejection of the proposed order.

Summary: Proposed orders must include a cover letter certifying agreement, objections, or that three days have passed without objection, or the order will be rejected.

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Applies to

Order granting motion to withdraw ?

All orders shall include the client’s last known address, telephone number (including area code) and e-mail address and the uploading attorney must affiliate the client’s email address with the case on CMS prior to uploading the proposed order for entry.

Summary: Orders granting withdrawal must include the client's last known address, phone number, and email, and the attorney must affiliate the client's email with the case on CMS before uploading.

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Applies to

Income deduction order

Please be advised that when submitting these orders, the Court requires written confirmation that both parties have reviewed and approved the Income Deduction Order/Income Withholding Order. The order will NOT be signed if there is no written confirmation provided.

Summary: Income Deduction/Withholding Orders require written confirmation that both parties reviewed and approved them, or the order will not be signed.

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Applies to

Request for hearing ?

Self-represented (or pro se) parties must file a request for a hearing either via email or in writing along with self-addressed stamped envelopes for all parties and send a copy of the request with the Motion to be heard to the Clerk of Courts.

Summary: Pro se parties must file hearing requests via email or in writing with self-addressed stamped envelopes for all parties and a copy of the request with the motion to the Clerk.

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Applies to

Dissolution by affidavit request ?

Prior to requesting dissolution by affidavit the following documents must be submitted to the Court as SUPPORTING DOCUMENTS in the CMS system.

Summary: Dissolution by affidavit requests require submission of specified supporting documents in CMS, including a proposed final order of dissolution.

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Applies to

Motion for continuance

Must include

proposed order ?

Motions for Continuance must be submitted to the Court with an attached order on or before the Thursday PRIOR to Calendar Call.

Summary: A motion for continuance must be submitted with an attached proposed order.

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Applies to

Notice of hearing ?

The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.

Summary: The notice of hearing must state the hearing date, time, and the length of time set aside.

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Applies to

Notice of hearing

Hearings WILL NOT be set without a Notice of Hearing from the parties and a copy of the MOTION.

Summary: Hearings will not be set unless the parties provide a notice of hearing and a copy of the motion.

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Applies to

Motion

All motions must clearly state the charges against the Defendant.

Summary: Every motion filed in Division FC must clearly state the charges against the Defendant.

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Applies to

Cms user agreement ?

You must submit your user agreement, which must be notarized, with a copy of the Driver's License to div07@17th.flcourts.org.

Summary: Self-represented litigants must submit a notarized user agreement with a copy of their driver's license to div07@17th.flcourts.org to obtain CMS access.

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Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same.

Summary: Motions to Withdraw, and their notices of hearing, must include a certificate of service to the Defendant.

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Applies to

Agreed motion

Must include

caption ?

Agreed Motions must contain a statement indicating the agreement. Agreed motions do not need to be scheduled for hearing unless the Court deems it necessary. Agreed Motions must contain the language, "Agreed Motion" in the title.

Summary: Agreed motions must be titled 'Agreed Motion' and contain a statement of the agreement, and need not be set for hearing unless the Court requires it.

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Applies to

Agreed order

Must include

caption ?

Agreed Orders: submitted with Agreed Motions must contain the language "Agreed Order" in the heading.

Summary: Agreed orders submitted with agreed motions must contain the words 'Agreed Order' in the heading.

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Applies to

Notice of hearing ?

All case names and numbers requesting a Negotiated Plea must be listed on the Notice Hearing in the header section.

Summary: The notice of hearing for a negotiated plea must list all requested case names and numbers in the header section.

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Applies to

Notice of hearing

ALL terms must be listed on the Notice of Hearing for EACH case. There shall be nothing left open for interpretation.

Summary: The notice of hearing must list ALL plea terms for each case with nothing left open for interpretation.

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Applies to

Notice of hearing ?

All case names and numbers requesting a Global Plea must be listed on the Notice Hearing in the header section.

Summary: The notice of hearing for a global plea must list all requested case names and numbers in the header section.

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Applies to

Notice of cancellation

Must include

certificate of service ?

If the motion is to be canceled, then a Notice of Cancellation of the hearing must be filed with proper notice to all interested parties.

Summary: Cancelling a motion hearing requires filing a Notice of Cancellation with proper notice to all interested parties.

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Applies to

Any filing ?

Must include

ai disclosure ?

When AI has been used or assisted in the use of preparation, researching, drafting pleadings, drafting documents, filing documents, and/or discovery requests, the document shall identify the specific tool used in such manner.

Summary: Documents prepared with AI assistance must identify the specific AI tool used.

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Applies to

Any filing ?

Must include

ai disclosure ?

Any attorney or pro se litigant submitting such a filing must include certification that they have personally reviewed and verified the content’s accuracy, specifically regarding factual statements, legal arguments, and case citations. All filings or submissions containing AI-generated content must must disclose the use of AI on the face of the document, pleading, and/or filing

Summary: Filings containing AI-generated content must include a certification of personal review and disclose AI use on the face of the document.

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Applies to

Any filing ?

Must include

ai disclosure ?

The undersigned hereby certifies that generative artificial was used to prepare this [TITLE OF DOCUMENT BEING FILED]. The specific generative artificial intelligence tool(s) used include [name of generative AI program(s)]. The undersigned has independently verified the accuracy of every citation to the law and/or record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts and legal analysis.

Summary: Required verbatim AI certification language for filings containing AI-generated content.

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Applies to

Exhibits

All exhibits presented at the final hearing/trial must be pre-marked for identification using LETTERS OF THE ALPHABET with the in-court clerk.

Summary: Exhibits for final hearing/trial must be pre-marked with letters of the alphabet with the in-court clerk.

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Applies to

Exhibits ?

All evidence MUST be provided to the In Court Clerk on a USB jump drive at the final hearing date.

Summary: All evidence must be provided to the in-court clerk on a USB jump drive at the final hearing.

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Applies to

Motion

Must include

certificate of conference ?

All motions MUST contain a Good Faith Certification in the body of the motion: I hereby certify that the movant has conferred or attempted to confer with all parties or self-represented parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion. Failure to include a Good Faith Certification will prevent the motion from being reviewed by the Court.

Summary: All motions must contain a Good Faith Certification in the body or the motion will not be reviewed.

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Applies to

Agreed order

Do not submit Agreed Orders without leave of Court to do so. Attorneys are NOT authorized to cancel hearings on the Court’s docket.

Summary: Agreed Orders require leave of Court and attorneys may not cancel hearings on the docket.

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Applies to

Emergency motion

All emergency motions shall be verified and shall include a certification by the attorney or self-represented litigant that the motion is an emergency and the attorney or self-represented litigant is acting in good faith in seeking such relief.

Summary: Emergency motions must be verified and include a good-faith emergency certification.

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Applies to

Proposed order granting withdrawal

In the body of the proposed order granting withdrawal, attorneys SHALL include the client’s mailing address, email address and phone number.

Summary: Proposed orders granting withdrawal must include the client's mailing address, email, and phone number.

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Applies to

Order granting withdrawal ?

Include the following language in the Order: “Within 5 days client shall either retain new counsel who must file a written Notice of Appearance with the Clerk of Court; or the client must file a written notice with the Clerk of Court advising that he or she will be proceeding as a self represented litigant. Failure to comply with this Order will create a presumption that the client no longer wishes to participate in this litigation and the Court may sua sponte, or upon motion by opposing counsel, impose sanctions against the client. Those sanctions may include striking pleadings, granting attorney’s fees and costs, the entry of a default judgment, dismissal of the action with prejudice and/or any sanctions deemed appropriate and just by the Court.”

Summary: Orders granting withdrawal must contain specified language requiring the client to retain new counsel or proceed pro se within 5 days, with sanctions for noncompliance.

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Applies to

Petition by affidavit for violation of injunction ?

If you want the court to address a violation of a Temporary or Final Injunction, you must inform the Domestic Violence Unit in the Clerk of Court’s office in Room 2140 so that the appropriate paperwork may be completed and filed with the Court.

Summary: To address an injunction violation, inform the Domestic Violence Unit in Room 2140 to complete and file the appropriate paperwork.

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Applies to

15 day return hearing

If a Unified Family Case is filed or re-opened after a Domestic Violence case has been filed, the Domestic Violence case will be transferred to the assigned Family Division at the scheduled 15-day return hearing. All parties MUST attend the 15-day return hearing.

Summary: All parties must attend the 15-day return hearing where the DV case is transferred to the Family Division.

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Applies to

Request for emergency relief

Please do not simply email the Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission of a “Request for Emergency Relief.”

Summary: Emergency matters must comply with AO 2021-51-CO, including submission of a 'Request for Emergency Relief'; a bare email stating an emergency is insufficient.

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Applies to

Request to invoke rules ?

Must include

proposed order

Judge DeLuca requires a uniform order for this purpose submitted via the e-order system. Proposed orders submitted not in compliance will not be entered.

Summary: Requests to invoke the rules in small claims cases must use the required uniform order form submitted via the e-order system; non-compliant proposed orders will not be entered.

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Applies to

Request for substitution of counsel ?

The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)

Summary: Substitution of counsel requires the client's written consent and a certification by new counsel that they have reviewed the docket and spoken with all counsel of record.

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Applies to

Motion for assistance scheduling deposition ?

DEPOSITIONS MAY NOT BE UNILATERALLY SET. If cooperation cannot be had, the party desiring to set a deposition should file a motion seeking assistance from the Court which lays out with specificity the efforts taken which still have failed to achieve an agreed date, time and location for the deposition. Any Motion to seek assistance of the Court for the scheduling of a deposition shall be set on Uniform Motion Calendar and may be set unilaterally.

Summary: Depositions may not be unilaterally set; a motion for court assistance must detail with specificity the failed efforts to agree on a date, time, and location, and is set on the Uniform Motion Calendar.

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Criminal cases

Applies to

Motion

You MUST first file your motion with the Clerk of Court.

Summary: For special set hearings of 15 minutes or longer, the motion must first be filed with the Clerk of Court.

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Criminal cases

Applies to

Victim request to modify or vacate no contact order ?

Must include

case number

The Judge must receive from the victim a written request (email is preferred to: divfv@17th.flcourts.org) to modify or drop a No Contact Order, which shall include the following information: a.) Case Number b.) Victim’s and Defendant’s phone numbers & email addresses c.) Be sure to include all reasons for a for request to modify or vacate the no contact order

Summary: A victim seeking to modify or vacate a No Contact Order must send a written request (email preferred) that includes the case number, both parties' phone numbers and email addresses, and all reasons for the request.

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Criminal cases

Applies to

Motion

You MUST first file your motion indicating your requested relief or motion for status hearing with the Clerk of Court. The moving party must coordinate with the opposing counsel/party prior to setting the hearing.

Summary: For motion calendar/status hearings, the motion must first be filed with the Clerk of Court and the moving party must coordinate with opposing counsel before setting the hearing.

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Criminal cases

Applies to

Notice of hearing

The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be set without a Notice of Hearing from the parties.

Summary: A notice of hearing stating the date, time, and length of the hearing is required; hearings will not be set without one.

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Criminal cases

Applies to

Proposed agreed order

Agreed Orders: Proposed Agreed Orders shall be submitted with Agreed Motions and must contain the title “Agreed Order on…”.

Summary: Proposed agreed orders must be submitted with agreed motions and titled 'Agreed Order on…'.

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Criminal cases

Applies to

Stipulation for substitution of counsel ?

Must include

proposed order

If not occurring ore tenus in open court with the defendant present, either counsel may submit the signed Stipulation, signed consent of defendant/client, and proposed order with the below referenced wording to the Division email address. New counsel shall include in the Stipulation a certification stating, "I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions, and other deadlines that are set in this case."

Summary: Substitution of counsel not done ore tenus requires submitting the signed stipulation, the defendant's signed consent, and a proposed order to the Division email, with new counsel's required certification included in the stipulation.

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Criminal cases

Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw: must include a certificate of service to all other parties and the Notice of Hearing must include the same. The Court will not hear any motion to withdraw where the Defendant/other parties are not properly noticed.

Summary: Motions to withdraw (and their notices of hearing) must include a certificate of service on all parties, or the Court will not hear the motion.

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Criminal cases

Applies to

Exhibits

All proposed exhibits (evidence) for trial or any evidentiary hearing shall be reviewed with the opposing counsel/party in advance of the scheduled trial/hearing date and pre-marked for admission with LETTERS, starting with “A.”

Summary: Proposed exhibits must be reviewed with opposing counsel in advance and pre-marked with letters starting with 'A'.

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Criminal cases

Applies to

Exhibits

All proposed exhibits (evidence) for trial shall be reviewed with the opposing counsel/party in advance of the scheduled trial and pre-marked for admission with LETTERS, starting with "A." If a party objects to any proposed exhibit, he/she shall file a motion in limine with respect to same prior to the trial and request a court hearing in advance of the trial from the Judicial Assistant.

Summary: For trials, proposed exhibits must be reviewed with opposing counsel in advance and pre-marked with letters starting with 'A', and exhibit objections must be filed as a motion in limine before trial with an advance hearing requested from the Judicial Assistant.

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Applies to

Notice of hearing

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Summary: All notices of hearing must contain the ADA notification required by Rule 2.540.

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Applies to

Email to judicial office ?

Must include

case number

The subject line must contain the case number, case name, and relevant matter

Summary: E-mails to the judicial office must have a subject line containing the case number, case name, and relevant matter.

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Applies to

Notice of hearing

A notice of hearing involving any remote appearance must list the Judges Zoom information.

Summary: Notices of hearing involving any remote appearance must list the Judge's Zoom information.

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Applies to

Notice of hearing

It is mandatory that all parties consult with one another regarding their availability. However, if after three (3) reasonable good faith attempts were unsuccessful, a party may unilaterally set a hearing. Once the hearing has been set the Notice of Hearing must indicate that it is a Unilaterally Set hearing and please attach the correspondence supporting the attempts to coordinate the hearing.

Summary: After three good-faith attempts to coordinate availability fail, a party may unilaterally set a hearing, and the notice of hearing must be designated 'Unilaterally Set' with the supporting correspondence attached.

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Applies to

Proposed order

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

Summary: Proposed orders must include a cover letter that either certifies all parties agree or identifies any party disagreement as to the order.

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Applies to

Emergency motion ?

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Summary: Emergency motions must set forth the issues to be resolved, the reasons an emergency hearing is necessary, and the amount of time needed for each party's presentation.

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Applies to

Notice of hearing

All motion calendar and special set hearings are on Zoom unless otherwise specified by the Court. Please make sure to include Judge Eves’s zoom link on all notice of hearings.

Summary: All motion calendar and special set hearings are held on Zoom, and every notice of hearing must include Judge Eves's Zoom link.

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Applies to

Notice of hearing

Without a Notice of Hearing, the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.

Summary: The Court may not hear a set matter without a Notice of Hearing unless the opposing party waives the notice requirement.

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Applies to

Agreed motion

Agreed Motions must contain a statement indicating the agreement.

Summary: Agreed motions must contain a statement indicating the parties' agreement.

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Applies to

Notice of hearing

Must include

certificate of service ?

The notice of hearing should certify that the other party has received notice via email.

Summary: The notice of hearing must certify that the other party received notice via email.

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Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any Motion to Withdraw where the Defendant is absent, and no proper notice has been provided.

Summary: Motions to Withdraw must include a certificate of service to the Defendant (also in the Notice of Hearing), and the Court will not hear the motion if the Defendant is absent without proper notice.

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Applies to

Proposed order ?

Orders submitted to say motions must include the language "Agreed Order" in the heading.

Summary: Orders submitted for agreed motions must include the language 'Agreed Order' in the heading.

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Applies to

Agreed motion

Agreed Motions must contain a motion indicating the agreement.

Summary: Agreed motions must contain a motion indicating the parties' agreement, and they need not be scheduled for hearing unless the Court determines it necessary.

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Civil cases

Applies to

Notice setting hearing

If you set a hearing via zoom, please use the following links for Division 56 and include the link in the Notice Setting Hearing:

Summary: A notice setting a Zoom hearing must include the Division 56 Zoom meeting link.

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Civil cases

Applies to

Agreed order ?

If applicable, please make sure the Order is titled 'Agreed' and state that the parties are in agreement in the body of the Order.

Summary: Agreed orders must be titled 'Agreed' and state in the body that the parties are in agreement.

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Civil cases

Applies to

Notice of cancellation

If a matter is canceled for any reason, please file a Notice of Cancellation and cancel the matter on the Court Management System. If you are unable to cancel on CMS, please email us at div56@17th.flcourts.org and ask us to do so for you. Please copy the other side on all emails to us. Please let any court reporter know of the cancellation. Please make sure that pro se parties are informed regarding cancellations.

Summary: When a matter is canceled, a Notice of Cancellation must be filed and the matter canceled on CMS (or chambers emailed if unable), and any court reporter and pro se parties must be informed.

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Civil cases

Applies to

Motion to compel discovery ?

If Local Rule 11 is triggered, please use the standard form attached.

Summary: Motions to compel discovery that trigger Local Rule 11 must use the court's standard form.

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Civil cases

Applies to

Notice for trial ?

Please indicate bench trial or trial by jury.

Summary: A Notice for Trial must indicate whether the case is set for a bench trial or a jury trial.

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Civil cases

Applies to

Jury questionnaire

When prequalifying jurors please DO NOT WRITE THE CASE STYLE OR CASE NUMBER, just title it JURY QUESTIONNAIRE

Summary: Jury questionnaires for prequalification must be titled only 'JURY QUESTIONNAIRE' without the case style or case number.

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Civil cases

Applies to

Agreed order

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.

Summary: The sender of an agreed order must certify it is in fact agreed, and the order must contain the date of the hearing and type of motion.

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Civil cases

Applies to

Notice of cancellation

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.

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Civil cases

Applies to

Motion for summary judgment ?

A party moving for Summary Judgment shall identify each claim or defense-or part of each claim or defense- on which summary judgment is sought.

Summary: A summary judgment movant must identify each claim or defense (or part of each) on which summary judgment is sought.

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Civil cases

Applies to

Judgment on liquidated damages

Must include

certificate of service ?

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.

Summary: Judgments on liquidated damages require proof of service, evidence of the debt, the complaint, and notice of hearing for entry of judgment.

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Civil cases

Applies to

Proposed order ?

Orders uploaded to CMS for signature shall include the Motion in supporting documents.

Summary: Orders uploaded to CMS for signature must include the motion in the supporting documents.

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Civil cases

Applies to

Proposed order motion to withdraw ?

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 withdrawing client is an entity, the proposed order must state that the entity must be represented by counsel who must file an appearance within 20 days or a default may be entered.

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Civil cases

Applies to

Exhibit worksheet

All parties will be required to complete the Clerk of Courts "Exhibit Worksheet" prior to closing arguments using the PDF included herein.

Summary: All parties must complete the Clerk of Courts' Exhibit Worksheet prior to closing arguments.

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Applies to

Notice of hearing

If you have tried in good faith to coordinate a hearing and have not received a response from opposing counsel within two (2) full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing: 'Set Unilaterally Pursuant to Judge Wigand's Procedures.'

Summary: If opposing counsel does not respond within two full business days, the movant may set the hearing unilaterally and must note 'Set Unilaterally Pursuant to Judge Wigand's Procedures' on the Notice of Hearing.

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Applies to

Temporary relief hearing request ?

When requesting a hearing for temporary support and temporary time-sharing matters, the parties must advise the Court if mediation has occurred and led to an impasse.

Summary: When requesting temporary support or time-sharing hearings, the parties must advise the Court whether mediation occurred and led to an impasse.

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Applies to

Proposed order

When uploading proposed orders to the CMS Workbench, please attach the motion and supporting documents through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Proposed orders uploaded to the CMS Workbench must be accompanied by the motion and supporting documents uploaded under SUPPORTING DOCUMENTS.

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Criminal cases

Applies to

Order judgment

Orders/Judgments for hearings held in Court are usually presented to the Clerk of Courts immediately after the hearing while in Court for the Judge to enter.

Summary: Orders and judgments from in-court hearings are presented to the Clerk immediately after the hearing.

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Applies to

Written waiver of client presence ?

If an attorney waives a client's presence for any hearing, a written waiver that complies with the rules should be filed with the clerk.

Summary: A written waiver complying with the rules must be filed with the clerk if an attorney waives a client's presence at a hearing.

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Applies to

Notice of cancellation

Parties should file a notice of cancellation if they have resolved the matter before the properly noticed hearing date.

Summary: Parties must file a notice of cancellation if the matter is resolved before the properly noticed hearing date.

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Applies to

Notice of hearing

Once the date is confirmed, a notice of hearing shall be completed by the moving party.

Summary: Once the hearing date is confirmed, the moving party must complete a notice of hearing.

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Applies to

Motion for deposition ?

Must include

proposed order ?

If the Assigned Assistant State Attorney has no objections, an AGREED ORDER shall be emailed to the Judicial Assistant for the Judge to review. If the ASA objects, a hearing shall be set.

Summary: If the ASA has no objections to a deposition motion, an agreed order must be emailed to the Judicial Assistant for review; if the ASA objects, a hearing must be set.

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Applies to

Notice of hearing

If the defendant is in - custody, please advise when scheduling via telephone or to our division email and include language in notice of hearing.

Summary: When the defendant is in custody, the party must advise the court when scheduling (by telephone or division email) and include that language in the notice of hearing.

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Applies to

Defendants request form

The Court is not permitted to engage in any ex-parte communication. Unrepresented parties should fill out a Defendants Request Form at the Clerk of Court's Office, for any request they would like the Judge to consider.

Summary: Unrepresented parties must submit a Defendants Request Form at the Clerk of Court's Office for any request they want the Judge to consider.

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Civil cases

Applies to

Hearing request email ?

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.

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Civil cases

Applies to

Exhibits ?

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.

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Applies to

Mandatory disclosure

The Mandatory Disclosure Rule of the Florida Family Law Rule of Procedure 12.285, requires that each party to a family law case provide certain documentation to the other party so that each will be fully informed about the financial circumstances of the other party.

Summary: Each party to a family law case must provide mandatory disclosure documentation to the other party under Rule 12.285.

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Applies to

Exhibits

Please pre-mark your trial/hearing exhibits using letter format (i.e., Petitioner's Exhibit A for identification XXX).

Summary: Trial and hearing exhibits must be pre-marked using letter format (e.g., Petitioner's Exhibit A).

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Applies to

Exhibits

Exhibits uploaded to CMS under SUPPORTING DOCUMENTS must include a descriptive name (i.e., Petitioner's Exhibit A: Affidavit of Boo Radley).

Summary: Exhibits uploaded to CMS supporting documents must include a descriptive name.

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Applies to

Temporary custody petition ?

The Petitioner(s) must provide proof that they are a Florida resident, either a valid Florida's driver's license or a corroborating witness affidavit. All relevant parties must provide a copy of a valid form of identification in advance of a final hearing. The moving party must file a copy of the minor child(ren)'s birth certificate with the petition.

Summary: Temporary custody petitioners must prove Florida residency, all relevant parties must provide valid ID before a final hearing, and the moving party must file the child's birth certificate with the petition.

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Applies to

Proposed order appointing guardian ad litem

Proposed Orders appointing Guardians Ad Litem must include input from the Guardian Ad Litem before submission, not just from the parties and their counsel.

Summary: Proposed orders appointing Guardians Ad Litem must include the GAL's input before submission.

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Applies to

Proposed final judgment

Once the hearing is concluded, please submit the proposed final judgment through CMS and include the Driver's License as an attachment through the CMS portal under SUPPORTING DOCUMENTS.

Summary: After the final hearing, the proposed final judgment must be submitted through CMS with the Driver's License attached as a supporting document.

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Applies to

Proposed final judgment paternity ?

In Paternity actions, if the parties have come to a full agreement, a proposed final judgment may be submitted through CMS without a hearing. Please include proof of the agreement as an attachment through the CMS portal under SUPPORTING DOCUMENTS, and, where applicable, child support guidelines worksheets and calculations pursuant to Florida law.

Summary: In paternity actions with full agreement, a proposed final judgment may be submitted through CMS without a hearing, with proof of the agreement and any child support worksheets attached.

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Applies to

Order of referral to mediation ?

If you are requesting an order for Court Mediation, please upload the Standard Mediation Form Order to the CMS Workbench. The parties' Financial Affidavits must be uploaded through the CMS portal under SUPPORTING DOCUMENTS for the Order of Referral to be issued by this Court. Please Note: The Court will not refer cases to Court Mediation if a default has been entered.

Summary: Court mediation requests require the Standard Mediation Form Order plus the parties' financial affidavits as supporting documents; cases with a default entered will not be referred to court mediation.

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Applies to

Proposed order substitution of counsel ?

The proposed order must include: (1) the name of the law firm and/or attorney that is to be substituted as counsel of record, (2) the name of the party (Plaintiff/Defendant), and (3) the name of the law firm and/or attorney that is to be withdrawn as counsel and shall bear no further responsibility in the matter. The stipulation of counsel must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Substitution of counsel orders must name the incoming counsel, the party, and the withdrawing counsel, with the stipulation uploaded as a CMS supporting document.

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Applies to

Proposed order withdrawal of counsel ?

The proposed order granting withdrawal must include: (1) the client's name; (2) the client's most recent physical and mailing addresses, e-mail address, and phone number; (3) advise the client they may retain new counsel at any time or proceed pro se; and advise the client they have a continuing obligation to keep their contact information up-to-date with the Clerk of the Courts. The client's verification of consent must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: Consented withdrawal orders must include the client's name and current contact information, advise the client about retaining counsel or proceeding pro se and updating contact info, with the client's verification of consent uploaded as a supporting document.

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Applies to

Notice of hearing

Please make sure to include Judge Peffer's zoom link on all notice of hearings.

Summary: All notices of hearing must include Judge Peffer's Zoom link.

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Applies to

Joint pretrial stipulation

If you are under a Trial order, please make sure the Joint Pretrial Stipulation is filed to the Courts before submitting readiness for Trial.

Summary: Parties under a trial order must file the Joint Pretrial Stipulation before submitting readiness for trial.

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Applies to

Agreed order

Must include

proposed order ?

If you reach an agreement, please file the Agreed Order. If the Judge signs the Order prior to the hearing, you do not need to appear. However, if it is not signed you must attend.

Summary: Upon agreement the parties must file an Agreed Order, and appearance is excused only if the Judge signs it before the hearing.

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Applies to

Proposed order

Must include

proposed order

If the parties cannot agree on the wording of an order each party shall submit their own proposed order to the Judge via email with a cover letter explaining the areas of disagreement in PDF/Word format. The Judge will then select whichever order she feels most accurately reflects her ruling or draft a separate order if needed.

Summary: If parties cannot agree on order wording, each party must email their own proposed order with a cover letter explaining the disagreements in PDF/Word format.

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Applies to

Notice of hearing

If you have tried in good faith to coordinate a hearing, and have not received a response from opposing counsel within two (2) full business days of your contact, the hearing may be set unilaterally. If you are unable to coordinate a date and time for a hearing after three (3) attempts, then the matter may be set unilaterally. Please note on your Notice of Hearing: "Set Unilaterally Pursuant To Judge Weiss' Procedures."

Summary: A hearing may be set unilaterally after no response within two full business days or after three attempted coordination attempts, and the Notice of Hearing must state 'Set Unilaterally Pursuant To Judge Weiss' Procedures.'

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Applies to

Notice of hearing

If you have tried in good faith to coordinate a hearing, and have not received a response from opposing counsel or pro se litigant within two (2) full business days of your contact, you may set the hearing unilaterally. If you are unable to coordinate a date and time for a hearing after three (3) attempts, you may set the hearing unilaterally. Please note on your Notice of Hearing: "Set Unilaterally Pursuant To Judge Weiss' Procedures."

Summary: UMC hearings may be set unilaterally after two full business days without response or three coordination attempts, and the Notice of Hearing must state 'Set Unilaterally Pursuant To Judge Weiss' Procedures.'

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Applies to

Notice of hearing

Once the parties agree on a date and time, and confirm the date/time with the Judicial Assistant, the movant shall file a Notice of Hearing. The Notice of Hearing should not be filed until the Judicial Assistant has confirmed the agreed date/time is confirmed on the docket. This division does not require a copy of the Notice of Hearing.

Summary: For special set hearings, the Notice of Hearing must not be filed until the Judicial Assistant confirms the agreed date/time on the docket; no chambers copy is required.

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Applies to

Temporary relief hearing submissions ?

Please upload the Order of Referral to Mediation (the parties may choose the Mediator) to the CMS Workbench. The parties' Financial Affidavits must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Summary: For temporary relief hearings, the Order of Referral to Mediation must be uploaded to the CMS Workbench and the parties' Financial Affidavits uploaded through the CMS portal.

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Applies to

Temporary custody hearing ?

The Petitioner(s) must provide proof that they are a Florida resident, either a valid Florida's driver's license or a corroborating witness affidavit.

Summary: Temporary custody petitioners must provide proof of Florida residency via valid Florida driver's license or corroborating witness affidavit.

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Applies to

Proposed order

When uploading proposed orders to the CMS Workbench, please attach the motion and supporting documents through the CMS portal under SUPPORTING DOCUMENTS. Please do not submit duplicate orders by mail or e-mail, unless otherwise directed by the Court. Please wait until after the hearing is held to upload orders, unless they are agreed orders.

Summary: Proposed order uploads must attach the motion and supporting documents via CMS, must not be duplicated by mail or email, and should only be uploaded after the hearing unless agreed.

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Applies to

Proposed order ?

Each exhibit referenced must be clearly identified for the Court.

Summary: Each exhibit referenced in a proposed order must be clearly identified for the Court.

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Applies to

Response

Each party opposing a motion or petition may file a response that includes citation to legal authority, statutory and case law in opposition to the request.

Summary: A party opposing a motion may file a response that includes citation to statutory and case law in opposition.

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Applies to

Quiet title partition filing ?

Quiet Title and Partition actions require an affidavit or certified copy of the deed upon which you rely.

Summary: Quiet Title and Partition actions require an affidavit or certified copy of the deed relied upon.

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Applies to

Motion

Must include

proposed order ?

Requests for phone hearings and/or appearances by phone will be addressed in accordance with Fla. R. Jud. Adm. 2.530. Please include with your motion an order indicating the name of the attorney who will be appearing via telephone for the hearing.

Summary: A motion requesting telephone appearance must include a proposed order indicating the name of the attorney who will appear by phone.

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Applies to

Settlement dismissal documents ?

If your case settles, please email Ms. Stitt immediately. Provide the Court with an e-filed copy of the Final Order of Dismissal, Notice Of Settlement or Notice of Voluntary Dismissal when appropriate.

Summary: Upon settlement, the parties must email Ms. Stitt immediately and provide an e-filed copy of the Final Order of Dismissal, Notice of Settlement, or Notice of Voluntary Dismissal when appropriate.

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Applies to

Notice of cancellation

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.

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Applies to

Proposed order on motion to withdraw ?

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.

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Applies to

Order

Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact or interpretations of the law will be prepared by the Court.

Summary: Parties seeking relief must prepare orders that require no findings of law or fact, while the Court prepares orders requiring factual findings or legal interpretation.

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Civil cases

Applies to

Proposed order granting withdrawal ?

If the client is not a natural person, please include a statement that the entity must be represented by counsel, who must file their appearance within twenty (20) days from the date of the order or a default may be entered.

Summary: If the client is not a natural person, the proposed withdrawal order must state that the entity must be represented by counsel, who must file an appearance within 20 days or a default may be entered.

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Civil cases

Applies to

Motion for summary judgment ?

Per Fla.R.Civ.P. 1.510(c)(1), a party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (a) citing to particular parts of materials in the record, including depositions, documents, ESI, affidavits, stipulations, admissions, interrogatory answers, or other materials; or (b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

Summary: Summary judgment factual assertions must be supported by citing particular parts of record materials or by showing no genuine dispute exists.

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Applies to

Notice of hearing

If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing.

Summary: Notices of hearing for Zoom hearings must include the Zoom instructions.

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Applies to

Notice of hearing

If you have tried in good faith to coordinate a hearing and have not received a response from opposing counsel within two (2) full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing: “Set Unilaterally Pursuant to Judge Achille’s Procedures.”

Summary: If opposing counsel does not respond within two full business days, the hearing may be set unilaterally with the required notation on the Notice of Hearing.