Judge Marlon J. Weiss
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Agreed Order
- Not Required
Courtesy copies
- At Least Two Business Days Before Hearing
- Not required
Emergency Motion
- 1 copy • Email • After Efiling And Acceptance
Exhibit List, Exhibits
- 1 copy • At Least Two Business Days Before Hearing
Adjournments
- Motions to continue a scheduled trial must be set on UMC at least five business days before trial and include the client's consent; exigent circumstances may waive this timeframe.
- Trials may be cancelled upon resolution with notice via the divisional email; motions to continue trial must be set on UMC at least five business days prior and include client consent.
Communication
Chambers
Intake Unit
Phone
Intake Unit
Phone
Chambers
Document Format Requirements6 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Parties/counsel are required to present physical evidence, such as photographs and/or videos, with 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.
Summary: Physical evidence must be presented at hearings as hard copies or on a USB drive; displaying it on a phone, laptop, or tablet does not constitute entry of evidence.
The quote is in the court's document. The summary is not checked yet.Important?
If the parties do not agree to the language of the proposed order, do not upload the proposed order through the CMS portal as an Agreed Order and do not submit competing orders by e-mail. Instead, please submit one red-lined order in Word document format to the Judicial Assistant.
Summary: When parties disagree on proposed order language, one red-lined order in Word format must be submitted to the Judicial Assistant instead of competing orders.
DOCX
The quote is in the court's document. The summary is not checked yet.Important?
Exhibits filed on the docket must be filed with a descriptive name (i.e., Petitioner's Exhibit A: Affidavit of Boo Radley).
Summary: Exhibits filed on the docket must be filed with a descriptive name.
The quote is in the court's document. The summary is not checked yet.Important?
If the parties do not agree to the language of the proposed order, pursuant to the court's oral pronouncement, the parties may submit one red-lined proposed order in Word document format in one e-mail to Div41@17th.flcourts.org. Where the parties do not agree on proposed language, that language shall be red-lined.
Summary: When parties disagree on proposed order language, they must submit one red-lined proposed order in Word format in one email, with disputed language red-lined.
DOCX
The quote is in the court's document. The summary is not checked yet.Important?
If the parties do not agree to the language in a proposed order, please submit one red-lined order in Word document format in ONE e-mail to the Judicial Assistant.
Summary: When parties disagree on proposed order language, one red-lined order in Word format must be submitted in a single email to the Judicial Assistant.
DOCX
The quote is in the court's document. The summary is not checked yet.Important?
Please pre-mark your trial exhibits using letter format (i.e., Petitioner's Exhibit A for identification XXX).
Summary: Trial exhibits must be pre-marked using letter format (e.g., Petitioner's Exhibit A).
Document Filing Requirements30 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
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).
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Emergency Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Final Judgment
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Agreed Order Withdrawal Of Counsel
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Courtesy Copy Pleading
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Rucd Submission
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Final Judgment
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Mediation Impasse Report
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Order Appointing Guardian
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Agreed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Mediation Order Request
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Notice Of Readiness For Trial
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Final Judgment Dissolution By Affidavit
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Proposed Final Judgment
The quote is in the court's document. The summary is not checked yet.Mandatory?
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.
Document Type
Agreed Order Substitution Of Counsel
The quote is in the court's document. The summary is not checked yet.Important?
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.
Document Type
Temporary Custody Hearing
The quote is in the court's document. The summary is not checked yet.Important?
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.'
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Important?
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.
Document Type
Temporary Relief Hearing Submissions
The quote is in the court's document. The summary is not checked yet.Important?
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.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Important?
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.'
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Important?
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.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Important?
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.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Note?
Once a motion calendar hearing has been set, please file your Notice of Hearing (this division does not require a copy of the Notice of Hearing).
Summary: Once a UMC hearing is set, the Notice of Hearing must be filed; the division does not require a chambers copy.
Document Type
Notice Of Hearing
We could not find this wording in the court's document. Open the source before relying on it.Mandatory?
The following affidavit must be signed and notarized and submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS. 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.
Machine summary and details
Summary: The RUCD Supplemental Sworn Affidavit must be signed and notarized and submitted via CMS; noncompliance results in rejection and possible requirement of a final hearing.
Document Type
Supplemental Affidavit Rucd
Filing & Service rules
Electronic Filing Rules
Motions for rehearing/reconsideration must be e-filed and accepted by the Clerk's Office within the time prescribed by Rules, Statute, or Law.
Any motion for rehearing/reconsideration must be e-filed and accepted by the Clerk's Office within the time prescribed by Rules, Statute, or Law.
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Page 1 | XII. REQUESTS FOR REHEARING/RECONSIDERATION
Competing orders are not accepted through the CMS Portal and must be emailed to the division email, unless otherwise directed.
Unless otherwise directed by the Court, competing orders will NOT be accepted through the CMS Portal and must be e-mailed to the division e-mail at Div41@17th.flcourts.org.
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Page 1 | VII. PROPOSED ORDERS AND PROPOSED FINAL JUDGMENTS - A. GENERALLY
Emergency motions must be e-filed and accepted by the Clerk's Office before being submitted to the Judge's office.
All emergency motions must be e-filed and accepted by the Clerk's Office prior to submitting to Judge Weiss' office.
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Page 1 | V. HEARINGS - B. EMERGENCY HEARINGS
Emergency motions must be e-filed with the Clerk's office, and the filer must then contact the Clerk with the electronic filing reference number for expedited processing.
All emergency motions must be e-filed with the Clerk's office. Once it has been e-filed, you must contact the Clerk's office with the electronic filing reference number so the Clerk's office may expeditiously process the filing. The Clerk's office will then bring a copy of the motion to the Court for review.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
Relief must be sought by filing a petition or motion with the Clerk, copying the opposing party, and sending a courtesy copy to the Court with certification of simultaneous service.
Should you seek relief, please file the appropriate petition or motion with the Clerk of Courts, copy the opposing party, and send a courtesy copy to the Court. You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
The Notice of Readiness for Trial must be e-filed and accepted, after which chambers must be contacted to coordinate trial dates (not via UMC).
A Notice of Readiness for Trial should be e-filed and accepted by the Clerk's Office and then chambers should be contacted to coordinate the trial dates. This matter should not be set for a hearing on the UMC docket.
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Page 1 | V. HEARINGS - L. TRIALS
Income Deduction/Withholding Orders must be submitted by email, and DVCE orders may not be uploaded through the CMS portal without leave of court.
Income Deduction Orders/Income Withholding orders must be submitted by e-mail because those orders become distorted and illegible when uploaded through the CMS portal. Also, DVCE cases/orders are not allowed to be uploaded through the CMS portal without leave of Court.
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Page 1 | VII. PROPOSED ORDERS - B. AGREED ORDERS
UMC hearings must be cancelled through CMS by the party who set the hearing, and all parties must be notified of the cancellation.
UMC hearings must be cancelled through CMS by the attorney/party who set the hearing. Counsel must ensure all parties are notified of the cancellation.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Division 41 does not accept competing orders unless otherwise ordered.
Division 41 does not accept competing orders, unless otherwise ordered by the Court.
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Page 1 | VII. PROPOSED ORDERS - C. COMPETING ORDERS
In paternity actions with full agreement, a proposed final judgment may be submitted through CMS without a hearing with proof of the agreement attached.
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.
The quote is in the court's document. The summary is not checked yet.
Page 1 | VII. PROPOSED ORDERS - F. PROPOSED FINAL JUDGMENTS
Proposed Orders are accepted through CMS Portal online submission following the Court's oral pronouncement.
Division 41 accepts Proposed Orders through online submission on the CMS Portal following an oral pronouncement of the Court's ruling.
The quote is in the court's document. The summary is not checked yet.
Page 1 | VII. PROPOSED ORDERS - E. PROPOSED ORDERS
Ex parte orders on motions to compel discovery may be submitted through the CMS portal with the motion uploaded under SUPPORTING DOCUMENTS.
Properly filed Ex Parte Orders on Motions to Compel Discovery may be submitted through the CMS portal, however, the motion must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.
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Page 1 | VII. PROPOSED ORDERS AND PROPOSED FINAL JUDGMENTS - A. GENERALLY
Agreed Orders are accepted through online CMS Portal submission; all other proposed orders may only be submitted to the CMS Workbench when directed by the Court.
Division 41 accepts Agreed Orders through online submission on the CMS Portal. All other proposed orders may only be submitted to the CMS Workbench when directed by the Court.
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Page 1 | VII. PROPOSED ORDERS - B. AGREED ORDERS
Self-represented parties may register for a free Florida Courts E-Filing Portal account to file and receive pleadings by email.
To register for a free Florida Courts E-Filing Portal account to file and receive court pleadings by email click HERE.
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Page 1 | III. PRO SE LITIGANTS (SELF-REPRESENTED PARTIES)
Filing Timing and Cure Windows
Proposed orders after special set hearings must be uploaded to the CMS Workbench within 10 days of the hearing.
Once the special set hearing has concluded, please upload the proposed order (after running it by the opposing party) to the Court's CMS Workbench within 10 days from the date of the hearing, unless otherwise ordered by the Court.
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Page 1 | V. HEARINGS - E. SPECIAL SET HEARINGS
All parties must file a Joint Pre-Trial Stipulation at least five business days before trial or the trial will be cancelled; unilateral stipulations are not accepted.
In accordance with the Uniform Trial Order, all parties, whether represented by counsel or appearing pro se, are REQUIRED to file a Joint Pre-Trial Stipulation within five (5) business days prior to the scheduled trial date. a. Failure to file a Joint Pre-Trial Stipulation in a timely manner will result in a CANCELLATION of the trial. b. Unilateral Pretrial "Stipulations" will not be accepted by the Court.
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Page 1 | V. HEARINGS - L. TRIALS
Proposed orders after UMC or CMC hearings are due on the CMS Workbench within two business days of the hearing.
Proposed orders following UMC or CMC hearings must be uploaded to the Court's CMS Workbench within two (2) business days from the date of the hearing, unless otherwise ordered by the Court.
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Page 1 | VII. PROPOSED ORDERS - D. DEADLINES FOR PROPOSED ORDERS
Proposed orders after UMC hearings must be uploaded to the CMS Workbench within two business days of the hearing.
Once the motion calendar hearing has concluded, please upload the proposed order (after conferring with the opposing party) to the Court's CMS Workbench within two (2) business days from the date of the hearing, unless otherwise ordered by the Court.
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Page 1 | V. HEARINGS - C. UNIFORM MOTION CALENDAR (UMC)
Parties must attend mediation at least five days before an evidentiary hearing on a temporary relief matter.
The parties must attend mediation five (5) days before an evidentiary hearing on a temporary relief matter.
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Page 1 | V. HEARINGS - G. TEMPORARY RELIEF HEARINGS
Witness and exhibit lists for evidentiary hearings must be filed and exchanged at least five business days before the hearing or the Court may strike the witness or exhibit.
Evidentiary hearings that require witness testimony or exhibits require the parties to file AND exchange such witness and exhibit lists no less than five (5) business days prior to the hearing. Failure to do so may result in the Court striking any witness or exhibit not filed and exchanged with the opposing party.
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Page 1 | V. HEARINGS - F. EVIDENTIARY HEARINGS
The notice of hearing and the motion must be uploaded through the CMS portal under SUPPORTING DOCUMENTS within 2 days of the matter being set or the hearing will be cancelled.
Once a matter has been set on the Court's docket, the notice of hearing and the motion being heard MUST be uploaded through the CMS portal under SUPPORTING DOCUMENTS within 2 days or the hearing will be cancelled without further notice.
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Page 1 | V. HEARINGS - A. GENERALLY
Proposed orders after case management conferences must be uploaded to the CMS Workbench within two business days of the hearing.
Once the hearing has concluded, please upload any proposed order (after running it by the opposing party) to the Court's CMS Workbench within two (2) business days from the date of the hearing.
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Page 1 | V. HEARINGS - H. CASE MANAGEMENT CONFERENCES
Proposed orders after Special Set Hearings or Trials are due within ten days of the hearing.
Proposed orders following Special Set Hearings or Trials must be submitted to the Court within ten (10) days from the date of the hearing, unless otherwise ordered by the Court.
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Page 1 | VII. PROPOSED ORDERS - D. DEADLINES FOR PROPOSED ORDERS
Rejections of proposed orders on CMS are communicated via a CMS Online Scheduling System message stating the deficiency.
If a proposed order is rejected on CMS, you will receive a message through CMS Online Scheduling System advising you of the deficiency.
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Page 1 | VII. PROPOSED ORDERS - E. PROPOSED ORDERS
A party may request a case management conference thirty days after a petition or complaint is filed.
A case management conference may be requested by a party thirty (30) days after a petition or complaint.
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Page 1 | V. HEARINGS - H. CASE MANAGEMENT CONFERENCES
Proposed orders and judgments must not be submitted before the final hearing concludes and the Court directs submission; early uploads will be rejected.
If you have a final hearing set before the Court, please do not submit proposed orders or proposed judgments until after the hearing has concluded and the Court has directed the parties to submit said Final Orders. PROPOSED FINAL ORDERS UPLOADED PRIOR TO THE HEARING WILL BE REJECTED.
We could not find this wording in the court's document. Open the source before relying on it.
Page 1 | VII. PROPOSED ORDERS - F. PROPOSED FINAL JUDGMENTS
Service and Proof of Service Rules
Attorneys must register the client's email with the State's e-Portal for e-service within two days of the withdrawal order being signed.
The attorney must register the client's e-mail with the State's e-Portal in order to receive notices, orders, and e-mail notifications and be included on the e-Service List within two (2) days of the Order being signed.
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Page 1 | VIII. SUBSTITUTION OR WITHDRAWAL OF COUNSEL - B. CONSENT OF WITHDRAWAL OF COUNSEL
Without written client consent, the client must be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.
If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.
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Page 1 | VIII. SUBSTITUTION OR WITHDRAWAL OF COUNSEL - C. WITHDRAWAL OF COUNSEL
Witness and exhibit lists must be exchanged with the opposing party no less than five business days before an evidentiary hearing.
Evidentiary hearings that require witness testimony or exhibits require the parties to file AND exchange such witness and exhibit lists no less than five (5) business days prior to the hearing.
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Page 1 | V. HEARINGS - F. EVIDENTIARY HEARINGS
Courtesy Copy Requirements
Responses the party wants Judge Weiss to review must be uploaded at least two business days before the hearing or they will not be read.
Any response to the motion you would like for Judge Weiss to review must be uploaded at least two business days prior to the hearing or it will not be read before the hearing.
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Page 1 | V. HEARINGS - A. GENERALLY
Pro se litigants seeking relief must file with the Clerk, copy the opposing party, and send the Court a courtesy copy with certification of simultaneous service.
Should you seek relief, please file the appropriate petition or motion with the Clerk of Courts, copy the opposing party and send a courtesy copy to the Court. You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party.
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Page 1 | III. PRO SE LITIGANTS (SELF-REPRESENTED PARTIES)
Copies of all properly filed Petitions for Relocation must be immediately emailed to the Division because the Court is not automatically notified by the Clerk.
The Court is NOT automatically notified by the Clerk's Office of filed Petitions for Relocation. As such, in order to comply with § 61.1003(10), Florida Statutes, a copy of all properly filed Petitions for Relocation must be IMMEDIATELY provided to the Court through the Divisional e-mail.
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Page 1 | V. HEARINGS - I. RELOCATION HEARINGS
A copy of an electronically filed emergency motion must be emailed to the division at div41@17th.flcourts.org.
Once e-filed and accepted, the Clerk's Office will present a copy to the Judge for review. If electronically filed, a copy of the motion MUST be e-mailed to the division at div41@17th.flcourts.org.
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Page 1 | V. HEARINGS - B. EMERGENCY HEARINGS
Courtesy copies of motions, responses, replies, and necessary documents must be submitted through CMS two days before the hearing or the hearing will be cancelled.
Failure to submit courtesy copies of motions, responses, replies, and necessary documents to the court through CMS two (2) days prior to the hearing will result in cancellation of the hearing without further notice.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Exhibit lists and pre-marked exhibits must be submitted to the Court through the CMS portal at least two business days before the hearing.
Courtesy Copies: the parties' exhibit lists and pre-marked exhibits shall be submitted to the Court at least two (2) business days prior to the hearing through the CMS portal under SUPPORTING DOCUMENTS.
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Page 1 | V. HEARINGS - F. EVIDENTIARY HEARINGS
After Clerk acceptance, a copy of the rehearing motion must be emailed to Judge Weiss with the case number, party names, and REHEARING/RELOCATION in the subject line.
Once the Clerk has accepted the motion, a copy of the motion must be sent to Judge Weiss by e-mail for consideration. The e-mail must include the case number, party names, and REHEARING/RELOCATION in the subject line. The Clerk's Office does not serve a copy of the motion to Judge Weiss or his chambers.
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Page 1 | XII. REQUESTS FOR REHEARING/RECONSIDERATION
Pleadings for the Judge's review must be provided via CMS portal, email, or chambers delivery before the hearing; courtesy copies are also accepted at the hearing.
Once a matter has been set on the Court's docket, any and all pleadings you would like for Judge Weiss to review should be either uploaded through the CMS portal under SUPPORTING DOCUMENTS, provided by e-mail, or delivered to chambers prior to the hearing. The Court will also accept courtesy copies at the hearing. Please remember to bring enough physical copies of evidence for the Clerk of Court.
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Page 1 | V. HEARINGS - A.2 COURTESY COPIES
A Notice of Voluntary Dismissal in a DVCE case must be set for hearing on the DV Docket and a copy sent to the Judicial Assistant to request a hearing date.
If a Petitioner files a Notice of Voluntary Dismissal in a domestic violence case (DVCE), the Notice must be set for a hearing on the Court's DV Docket. Please send a copy of the notice to the Judicial Assistant and request a hearing date and time.
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Page 1 | V. HEARINGS - D. DOMESTIC VIOLENCE HEARINGS
Do not mail or email copies of Agreed Orders to the Court.
Do not mail or e-mail copies of Agreed Orders to the Court.
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Page 1 | VII. PROPOSED ORDERS - B. AGREED ORDERS
Requests for temporary support or time-sharing hearings must include a copy of the notice of mediation.
When requesting a hearing for temporary support and temporary time-sharing matters, the parties must provide the Court with a copy of the notice of mediation.
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Page 1 | V. HEARINGS - G. TEMPORARY RELIEF HEARINGS
A courtesy copy of any filed petition or motion seeking relief must be sent to the Court.
Should you seek relief, please file the appropriate petition or motion with the Clerk of Courts, copy the opposing party, and send a courtesy copy to the Court.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
Timely objections to General Magistrate referral, with the filed motion and hearing request, must be submitted to the Court via the divisional email.
If a party timely objects to referral to the General Magistrate, a copy of the Objection, along with the filed motion, and hearing request, shall be submitted to the Court via the divisional e-mail.
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Page 1 | IX. REFERRALS TO GENERAL MAGISTRATE OR HEARING OFFICER
The division does not require a chambers copy of the Notice of Hearing for evidentiary hearings.
This division does not require a copy of the Notice of Hearing.
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Page 1 | V. HEARINGS - F. EVIDENTIARY HEARINGS
Adjournment & Extension Requirements
Parties cannot unilaterally cancel emergency hearings set by the Court.
Emergency Hearings set by the Court cannot be unilaterally cancelled by the parties.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
CMCs may only be continued by party agreement via an uploaded agreed order and emailed copy, or by a motion to continue set on UMC if there is no agreement.
CMC hearings may only be continued by agreement of the parties. If the parties agree to continue a case management conference, please upload the agreed order to the Court's CMS Workbench and e-mail a copy to the Judicial Assistant. If there is no agreement, a motion to continue must be set on UMC.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Trials may be cancelled upon resolution with notice via the divisional email; motions to continue trial must be set on UMC at least five business days prior and include client consent.
Trials may be cancelled upon resolution of the case, with notice to the Court through the divisional e-mail. Any motion to continue a scheduled trial, must be set on UMC at least five (5) business days prior to the scheduled trial date and must include the client's consent. This time frame may be waived by exigent circumstances.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Special set hearings may only be cancelled by the Court, by agreement with a proposed order, by joint motion for continuance, or by good cause/exigent circumstances in a filed motion heard on UMC.
Special Set hearings may only be cancelled by: a) the Court; b) by agreement of the parties and submission of a proposed order (the Judicial Assistant must be notified if an order has been entered so that she can cancel the hearing); c) by agreement of the parties in a joint motion for continuance; or d) a showing of good cause or exigent circumstances in a properly filed motion for continuance to be heard on UMC.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Continuances in Domestic Violence matters must be filed in writing; ore tenus motions and continuances by party agreement will not be entertained.
Motions to continue must be properly filed pursuant to the Rules of Procedure and this Court's Division Procedures. This Court will not entertain ore tenus motions to continue in Domestic Violence matters. Continuances will not be granted by agreement between the parties.
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Page 1 | V. HEARINGS - D. DOMESTIC VIOLENCE HEARINGS
Motions to continue a scheduled trial must be set on UMC at least five business days before trial and include the client's consent; exigent circumstances may waive this timeframe.
Any motion to continue a scheduled trial, must be set on UMC at least five (5) business days prior to the scheduled trial date and must include the client's consent. This time frame may be waived by exigent circumstances.
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Page 1 | V. HEARINGS - L. TRIALS
Court-scheduled CMCs cannot be cancelled or rescheduled without a prior court order; agreed continuances require an uploaded agreed order and emailed copy, otherwise a motion to continue must be set on UMC.
A case management conference scheduled by the Court may not be cancelled or rescheduled without prior Court Order. If the parties agree to continue a case management conference, please upload the agreed order to the Court's CMS Workbench and e-mail a copy of the signed order to the Judicial Assistant in order to cancel the hearing. If there is no agreement, a motion to continue must be set on UMC or sent to the Judge along with a blank order in Word format.
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Page 1 | V. HEARINGS - H. CASE MANAGEMENT CONFERENCES
Chambers Communication Rules
Emails to the Division regarding emergency motions must include the case number, party names, and EMERGENCY in the subject line.
Any e-mail to the Division must include the case number, party names, and EMERGENCY in the subject line.
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Page 1 | V. HEARINGS - B. EMERGENCY HEARINGS
Do not send letters, emails, or notes to the Court; the Court only acts on properly e-filed petitions and motions.
DO NOT SEND LETTERS, E-MAILS, OR NOTES TO THE COURT. The Court acts on petitions and motions which have been properly e-filed and accepted by the Clerk's Office. The Court cannot act on letters, e-mails, or notes sent to the Court.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
All correspondence with the Court must be in writing via the division email; do not call chambers to schedule hearings.
ALL correspondence with the Court shall be done in writing via the division e-mail: Div41@17th.flcourts.org. Please do not call the Court's chambers to schedule a hearing as you will be directed to make your request via e-mail.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
The Court provides interpreters only for Domestic Violence cases, for which the Judicial Assistant must be notified at least seven days before the hearing; appearing without a secured interpreter results in cancellation.
The Court will provide an interpreter for Domestic Violence cases only. For Domestic Violence cases, please notify the Judicial Assistant by phone or e-mail you require the services of an interpreter at least seven (7) days prior to your hearing. The parties are responsible for obtaining their own interpreters for all other matters. If you appear for a hearing without first securing the services of an interpreter, your hearing will be cancelled.
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Page 1 | XI. INTERPRETERS
Pro se litigants must not contact the Judicial Assistant and must instead contact the Case Management Unit by email or phone for assistance.
If you are a pro se litigant (which means you do not have an attorney and are representing yourself) please do not contact the Judicial Assistant. Instead, all self-represented parties may seek assistance by contacting our Case Management Unit via e-mail at ufchelp@17th.flcourts.org or by phone at 954-831-8532 for all questions and guidance regarding your case.
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Page 1 | III. PRO SE LITIGANTS (SELF-REPRESENTED PARTIES)
Pro se parties must include opposing party/counsel in all correspondence with the division.
When e-mailing this office, you must include the opposing party/counsel in all correspondence.
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Page 1 | III. PRO SE LITIGANTS (SELF-REPRESENTED PARTIES)
Special set hearing requests must be emailed to the Judicial Assistant with the motion and filing date, total time requested, time-sensitivity, evidence of conferral, and all parties' email addresses.
After the parties have conferred and a Motion has been filed, please e-mail your hearing request to the Judicial Assistant at Div41@17th.flcourts.org with the following information: a. A copy of the Motion to be special set and the DATE IT WAS FILED WITH THE CLERK. b. The total amount of time requested by both sides, which will be split evenly between the parties; c. Whether the Motion is time-sensitive or entitled to statutory preference; d. Evidence of the parties conferral; and e. Correct e-mail address for all parties.
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Page 1 | V. HEARINGS - E. SPECIAL SET HEARINGS
The Court is not automatically notified of emergency motion filings; all emergency motions must be emailed to the Division.
THE COURT IS NOT NOTIFIED OF THE FILING OF AN EMERGENCY MOTION. ALL EMERGENCY MOTIONS MUST BE E-MAILED TO THE DIVISION.
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Page 1 | V. HEARINGS - B. EMERGENCY HEARINGS
Ex parte or one-sided communications to Judge Weiss' office are prohibited and will be returned.
Judge Weiss' office MUST NOT be the recipient of any ex parte or one-sided communications. If Judge Weiss' office receives an ex parte communication or is inappropriately or improperly copied on communications, the correspondence or document will be returned.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
Filing a notice of cancellation does not automatically cancel a hearing; the Judicial Assistant must be notified.
Filing a notice of cancellation does not automatically cancel the hearing. PLEASE ENSURE YOU NOTIFY THE COURT BY CONTACTING THE JUDICIAL ASSISTANT.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Do not send multiple emails regarding the same hearing; duplicates cause delays.
DO NOT SEND MULTIPLE E-MAILS REGARDING THE SAME HEARING. This will result in delay in setting the hearing.
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Page 1 | V. HEARINGS - E. SPECIAL SET HEARINGS
Parties must notify the Court immediately if a settlement is reached so related hearings can be cancelled.
If a settlement is reached, please notify the Court IMMEDIATELY so hearings in all related matters can be cancelled.
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Page 1 | V. HEARINGS - A.1 ZOOM APPEARANCES
Cancelled special set hearings require emailing a Notice of Cancellation to div41@17th.flcourts.org as soon as reasonably possible.
If your special set is cancelled, please e-mail a Notice of Cancellation to div41@17th.flcourts.org. Please cancel as soon as is reasonably possible to allow other litigants to use that time.
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Page 1 | VI. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Emails to the division must have the case number and case style in the subject line and must not contain legal argument or substantive factual discussion to the Judicial Assistant.
E-mail is the most effective way to communicate with the Court. Please note: it is never appropriate to include legal argument or substantive discussion regarding facts of any case in e-mails to a Judicial Assistant. All e-mails to the division e-mail must have the CASE NUMBER and CASE STYLE in the SUBJECT LINE.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
Do not contact the Judicial Assistant to ask whether an order has been signed.
Please do not contact the Judicial Assistant to see if your order has been signed, the Court will review, enter, and conform orders as promptly as possible.
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Page 1 | VII. PROPOSED ORDERS AND PROPOSED FINAL JUDGMENTS - A. GENERALLY
Do not send multiple emails regarding the same case; respond within the same email thread.
DO NOT send multiple e-mails regarding the same case and please respond to the e-mails within the same e-mail thread. Multiple e-mail requests in the same case may result in a delayed response to your requests.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
Do not include the Division in party-to-party emails discussing scheduling.
DO NOT INCLUDE THE DIVISION IN E-MAILS BETWEEN THE PARTIES DISCUSSING SCHEDULING. This will result in delay in setting the hearing.
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Page 1 | V. HEARINGS - E. SPECIAL SET HEARINGS
All parties must be included in emails to the Court; hearing requests must include time needed and the date-stamped motion; do not copy the Court on non-scheduling emails.
Please ensure all parties are included in any e-mail communications with the Court. When requesting a hearing, the e-mail should include the amount of time needed and a copy of the relevant motion date-stamped by the Clerk's Office. Please do not copy the Court with any e-mails that are not related to scheduling.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
If a trial-setting matter settles, the Judicial Assistant must be emailed immediately.
If the matter set for trial settles, please e-mail the Judicial Assistant IMMEDIATELY.
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Page 1 | V. HEARINGS - L. TRIALS
The Court does not rule on emails; requests that should be motions must not be sent to the Judicial Assistant.
The Court does NOT rule on e-mails. Please do not contact the Judicial Assistant with requests that should be presented to the Court in the form of a properly filed motion.
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Page 1 | II. COMMUNICATIONS WITH THE COURT
Cancelling a self-set special set hearing requires emailing the Judicial Assistant a Notice of Cancellation.
If you are cancelling a Special Set Hearing that you set, please e-mail the Judicial Assistant a copy of a Notice of Cancellation.
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Page 1 | V. HEARINGS - E. SPECIAL SET HEARINGS
Chambers office hours are 8:30 a.m. to 5:00 p.m., closed for lunch from 12:00 p.m. to 1:30 p.m.
Office Hours: 8:30 a.m. to 5:00 p.m. The office is closed for lunch from 12:00 p.m. to 1:30 p.m.
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Page 1 | Division Procedures Header
Guardians Ad Litem may appear by Zoom without filing a motion but must give advance notice to the Judicial Assistant.
Guardians Ad Litem may appear via Zoom without the need to file a motion but must provide advance notice to the Judicial Assistant, unless otherwise ordered by the Court.
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Page 1 | V. HEARINGS - A.1 ZOOM APPEARANCES
Technical questions about the CMS Online Scheduling System or e-order submission should be emailed to the JIS Department at calendar@17th.flcourts.org.
If you have technical questions or need assistance with the CMS Online Scheduling System or with the submission of e-orders, please e-mail the JIS Department at: calendar@17th.flcourts.org
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Page 1 | XIV. ADDITIONAL INFORMATION