Judge Catalina Avalos
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Certificate
- Email • Contemporaneously With Motion Prior To Setting Hearing
Exhibit List, Exhibits
- At Least 3 Business Days Prior To Hearing
Motion, Brief, Memorandum Of Law
- Email • At Least 5 Business Days Prior To Hearing
Courtesy copies
Court-wide- 1 copy
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, unless waived for exigent circumstances.
Communication
Chambers
Clerk
Clerk
Phone
Clerk
Chambers
Chambers
Phone
Court-wideChambers
Document Format Requirements3 rules
Physical evidence must be presented as hard copies or on a USB drive at the hearing; displaying it on a device or e-mailing/uploading it does not constitute entry of 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.
When parties disagree on proposed order language, they must submit a single redlined order in Word document format via e-mail rather than uploading an agreed order or competing orders.
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 redlined order in Word document format via e-mail to the Judicial Assistant.
DOCX
IDO/IWO/QDRO orders should be submitted by e-mail rather than CMS upload because they can become distorted, and distorted orders will be rejected and must be resubmitted via e-mail.
Income Deduction Orders (IDO)/Income Withholding Orders (IWO)/Qualified Domestic Relations Orders (QDRO) should be submitted by e-mail as those orders can become distorted and illegible when uploaded through the CMS portal. If uploaded, please ensure any supporting documentation are attached through the CMS portal under SUPPORTING DOCUMENTS (e.g., cover letter, e-mail, other correspondence indicating agreement). If the formatting is distorted, the proposed order will be rejected and will have to be resubmitted via e-mail.
Document Filing Requirements25 rules
The Supplemental Affidavit for Remote Uncontested Dissolution must be signed and notarized, and failure to follow RUCD procedures results in rejection and may require a final hearing.
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.
Document Type
Supplemental Affidavit Remote Uncontested Dissolution
A proposed final judgment must include the date of the final hearing or it will be rejected.
The proposed final judgment must include the date of the final hearing or it will be rejected.
Document Type
Proposed Final Judgment
Proposed orders must include all relevant statutory factors and the Court's specific findings or risk rejection.
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.
Document Type
Proposed Order
All proposed orders must contain the hearing date(s), the title of the motion(s) heard, the motion filing date, and any other pertinent date.
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.
Document Type
Proposed Order
The Notice of Readiness for Trial must state the approximate trial length, number of witnesses and expert witnesses, remaining disputed issues, and that all affidavits and mandatory disclosure certificates have been filed.
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.
Document Type
Notice Of Readiness For Trial
Agreed proposed orders must include verification that the opposing counsel/party reviewed and agrees with the order, or the order will be rejected.
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.
Document Type
Agreed Order
Proposed orders appointing Guardians Ad Litem must include the Guardian Ad Litem's input before submission.
Proposed Orders appointing Guardians Ad Litem must include input from the Guardian Ad Litem before submission, not just from the parties and their counsel.
Document Type
Proposed Order Appointing Guardian Ad Litem
The parties' Financial Affidavits must be uploaded through the CMS portal under SUPPORTING DOCUMENTS for a Court Mediation Order of Referral to be issued.
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.
Document Type
Order Of Referral To Mediation
If a proposed order references a deposition, hearing, or trial transcript, a complete copy of the transcript must be filed in the Court record.
If a deposition, hearing, or trial transcript is referenced, a complete copy of the transcript must be filed in the Court record.
Document Type
Proposed Order
Proposed final judgments in cases involving minor children must include a proposed parenting plan substantially conforming to Form 12.995(a) and, where applicable, child support guidelines worksheets.
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.
Document Type
Proposed Final Judgment
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.
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.
Document Type
Emergency Motion
Before requesting dissolution by affidavit, petitioners must submit the required supporting documents (petition/answer, default order if applicable, marital settlement agreement/parenting plan with worksheets, UCCJEA affidavits if children, financial affidavits, valid ID, and a signed notarized supplemental affidavit) through the CMS portal.
Prior to requesting dissolution by affidavit the following documents must be submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS.
Document Type
Final Judgment Dissolution By Affidavit
Parties in family law cases involving child support, alimony, or equitable distribution must file a financial affidavit (short form if income is under $50,000 per year, long form if over).
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.
Document Type
Financial Affidavit
Temporary custody petitioners must prove Florida residency with a driver's license or corroborating affidavit, 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.
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.
Document Type
Temporary Custody Petition
Any pleading provided to the Court as a courtesy must be certified as simultaneously provided to the opposing party or counsel of record.
You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party or counsel of record.
Document Type
Courtesy Copy Pleading
Notices of hearing must state the date, time, and location instructions (including Zoom instructions for Zoom hearings) and be filed with the Clerk; the division does not require a copy of the 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. This office does not require a copy of the Notice of Hearing, unless otherwise ordered by the Court.
Document Type
Notice Of Hearing
The proposed RUCD order must be titled 'FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT' or it will be rejected.
The proposed order must contain the order title of: FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BY AFFIDAVIT or it will be rejected.
Document Type
Final Judgment Dissolution By Affidavit
Foreign-language documents or exhibits must include a complete certified English translation or they will not be considered and may not be admitted into evidence.
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.
Document Type
Foreign Language Document
A hearing may be set unilaterally if there is no response within two full business days or after three good-faith conferral attempts, and the Notice of Hearing must state 'Set Unilaterally Pursuant to Judge Avalos' Procedures.'
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 Avalos' Procedures."
Document Type
Notice Of Hearing
Parties must include a certificate of conferral in the prescribed form before setting a hearing on any properly filed motion.
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)]."
Document Type
Motion
Each party to a family law case must provide mandatory financial disclosure documentation to the other party under Florida Family Law Rule of Procedure 12.285.
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.
Document Type
Mandatory Disclosure
When available, an official transcript of the hearing/trial and the Court's oral pronouncement must be submitted with any proposed order.
When available, an official transcript of the hearing/trial and the Court's oral pronouncement shall be submitted with any proposed order.
Document Type
Proposed Order
When uploading proposed orders to the CMS Workbench, the motion and supporting documents must be attached under SUPPORTING DOCUMENTS.
When uploading proposed orders to the CMS Workbench, please attach the motion and supporting documents through the CMS portal under SUPPORTING DOCUMENTS.
Document Type
Proposed Order
After the final hearing, the proposed final judgment must be submitted through CMS with the Driver's License attached under SUPPORTING DOCUMENTS.
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.
Document Type
Proposed Final Judgment
Exhibits uploaded to CMS under SUPPORTING DOCUMENTS must include a descriptive name identifying the exhibit.
Exhibits uploaded to CMS under SUPPORTING DOCUMENTS must include a descriptive name (i.e., Petitioner's Exhibit A: Affidavit of Boo Radley).
Document Type
Exhibits
Filing & Service rules
Electronic Filing Rules
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 Avalos's office.
Page 1 | VII.E EMERGENCY HEARINGS
Motions for rehearing, reconsideration, or clarification 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/clarification must be e-filed and accepted by the Clerk's Office within the time prescribed by Rules, Statute, or Law.
Page 1 | XIV. REQUESTS FOR REHEARING/RECONSIDERATION
UMC hearings must be cancelled through CMS by the party who set the hearing, with notice to all parties including the Court.
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, including the Court.
Page 1 | VIII. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Agreed Orders may be submitted through the CMS Portal, but all other proposed orders may only be submitted to the CMS Workbench when the Court directs.
Division 38 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.
Page 1 | IX.B AGREED ORDERS
Only attorneys registered with the Court's CMS using Florida Bar credentials may schedule UMC hearings through the online scheduling system.
Only attorneys may schedule hearings on the Court's Uniform Motion Calendar through the Court's online scheduling system. Attorneys should follow the instructional video for setting a Motion Calendar hearing, available here: How to Set a Motion Calendar Hearing (Instructional Video). Attorneys must be registered with the Court's CMS using their Florida Bar credentials to access online scheduling.
Page 1 | VII.B UNIFORM MOTION CALENDAR (UMC)
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.
Page 1 | IX.A GENERALLY
Filing Timing and Cure Windows
Proposed final orders or judgments uploaded before the hearing will be rejected; they must be submitted only after the hearing concludes.
PROPOSED FINAL ORDERS/JUDGMENTS UPLOADED PRIOR TO THE HEARING WILL BE REJECTED.
Page 1 | IX.F PROPOSED FINAL JUDGMENTS
All parties must file a Joint Pre-Trial Stipulation at least five business days before trial, or the trial will be cancelled.
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. Failure to file a Joint Pre-Trial Stipulation in a timely manner will result in a CANCELLATION of the trial.
Page 1 | VII.K TRIALS
A Settlement Agreement or Notice of Impasse must be filed and e-mailed to the division no later than three days before the temporary relief hearing.
The parties are required to file a Settlement Agreement or Notice of Impasse no later than three (3) days prior to the scheduled hearing and must send the notice to the Division's e-mail address.
Page 1 | VII.H TEMPORARY RELIEF HEARINGS
Proposed orders from domestic violence hearings, including orders affecting related family cases, must be submitted within seven days of the hearing.
Proposed orders reflecting the Court's oral pronouncements issued at the domestic violence hearing, including orders affecting any related family case, shall be submitted within seven (7) days of the hearing.
Page 1 | VII.D DOMESTIC VIOLENCE HEARINGS
The Court will not enter agreed withdrawal orders on the eve of a scheduled hearing; such motions must be set for hearing with counsel and the party appearing.
Please Note: The Court will not enter agreed orders of withdrawal on the eve of a scheduled hearing. Any such motion must be set for hearing pursuant to Division Procedures and counsel and the party shall appear.
Page 1 | X.C Consent of Withdrawal of Counsel
For evidentiary hearings (except DV), witness lists, exhibit lists, and all exhibits must be filed and exchanged at least five business days before the hearing or the Court may strike the untimely witness or exhibit.
Except for hearings in the Court's Domestic Violence Division, for all evidentiary hearings requiring witness testimony or exhibits, the parties shall file with the Court and exchange with the opposing counsel/party their witness lists, exhibit lists, and copies of all exhibits no less than five (5) business days prior to the hearing. Failure to comply may result in the Court striking any witness or exhibit not timely filed with the Court and exchanged with the opposing counsel/party.
Page 1 | VII.G EVIDENTIARY HEARINGS
Proposed orders following UMC or CMC hearings must be uploaded to the CMS Workbench within two business days of the hearing after conferring with the opposing party.
Proposed orders following UMC or CMC hearings must be uploaded to the Court's CMS Workbench (after conferring with the opposing counsel/party) within two (2) business days from the date of the hearing, unless otherwise ordered by the Court.
Page 1 | IX.D DEADLINES FOR PROPOSED ORDERS
The Notice of Hearing for a special set matter must not be filed until the Judicial Assistant confirms the agreed date/time on the docket.
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.
Page 1 | VII.F SPECIAL SET HEARINGS
A party may request a case management conference thirty days after the petition or complaint is filed.
A case management conference may be requested by a party thirty (30) days after a petition or complaint.
Page 1 | VII.C CASE MANAGEMENT CONFERENCES
Service and Proof of Service Rules
The withdrawing attorney must register the client's e-mail with the State's e-Portal for e-service within two days of the order being signed.
The withdrawing 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.
Page 1 | X. SUBSTITUTION OR WITHDRAWAL OF COUNSEL
Proposed Orders of Referral uploaded to the CMS Workbench must include the General Magistrate/Hearing Officer as a recipient on the service list.
When uploading proposed Orders of Referral to the CMS Workbench, you must include the GM/HO as a recipient on the service list.
Page 1 | XI. REFERRALS TO GENERAL MAGISTRATE OR HEARING OFFICER
Courtesy Copy Requirements
Exhibit lists and pre-marked exhibits must be submitted to the Court at least three business days before the hearing via the CMS portal (or as hard copies for in-person hearings).
Courtesy Copies: the parties' exhibit lists and pre-marked exhibits shall be submitted to the Court at least three (3) business days prior to the hearing through the CMS portal under SUPPORTING DOCUMENTS, unless it is an in-person hearing and the parties may bring hard copies for the Court.
Page 1 | VII.G EVIDENTIARY HEARINGS
Pleadings, case law, and legal memoranda the party wants the Judge to review must be e-mailed or delivered to chambers at least five business days before the hearing or the hearing may be cancelled.
Once a matter has been set on the Court's docket, any and all pleadings you would like for Judge Avalos to review, including case law or legal memoranda, should be e-mailed or delivered to chambers at least five (5) business days prior to the hearing. Failure to do so may result in the cancellation of your hearing.
Page 1 | VII.A GENERALLY - Courtesy Copies
The certificate of conferral must be filed with the Clerk with a courtesy copy e-mailed to the division contemporaneously with the motion, and no hearings will be set without it.
The written certificate of conferral shall be filed with the Clerk of the Courts, with a courtesy copy provided contemporaneously with the motion to the Division e-mail prior to setting a hearing. NO HEARINGS WILL BE SET WITHOUT A CERTIFICATE OF CONFERRAL.
Page 1 | VII.A GENERALLY - Certificate of Conferral
Filing Bundling Requirements
Competing proposed orders are not accepted by Division 38 unless otherwise ordered by the Court.
Division 38 does not accept competing orders, unless otherwise ordered by the Court.
Page 1 | IX.C COMPETING ORDERS
Pre-Motion Conference Requirements
Guardians Ad Litem may appear by Zoom with advance notice, but any other remote appearance requires a motion filed and set on UMC in advance of the hearing or trial; parties may not stipulate to Zoom appearance.
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. 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.
Page 1 | VII.A GENERALLY - Zoom Appearances
No case may be set for trial until a mediation impasse report has been filed with the Clerk's Office.
No case shall be set for trial unless and until a mediation impasse report is filed with the Clerk's Office.
Page 1 | VII.K TRIALS
Temporary relief hearings may not be set unless the parties first attended mediation and reported an impasse, with the notice of mediation provided and mediation completed at least five days before the hearing.
"No temporary relief hearing shall be set unless the parties have first submitted to mediation and an impasse has been reported." Admin. Order No. 2026-06-UFC. 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 and mediation must be completed at least five (5) days prior to the hearing.
Page 1 | VII.H TEMPORARY RELIEF HEARINGS
UMC is unavailable for rehearing/clarification/reconsideration motions, motions to vacate reports and recommendations, or expedited-hearing motions, and discovery motions must be specially set and heard in-person with all parties attending.
UMC is not appropriate for motions for rehearing/clarification/reconsideration, motions to vacate reports and recommendations, or motions to set expedited hearings. As of October 31, 2025, discovery motions will no longer be heard on UMC and must be specially set pursuant to Division Procedures. Going forward, all discovery hearings shall be held IN-PERSON and all parties shall be in attendance.
Page 1 | VII.B UNIFORM MOTION CALENDAR (UMC)
Adjournment & Extension Requirements
Court-scheduled case management conferences may not be cancelled or rescheduled without a court order; continuances require an agreed order uploaded to CMS or, absent agreement, a motion to continue 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.
Page 1 | VII.C CASE MANAGEMENT CONFERENCES
Special set hearings may be cancelled only by the Court, by agreement with a proposed order, by joint motion, or upon good cause/exigency shown in a motion heard on UMC, with a Notice of Cancellation e-mailed to the division as soon as possible.
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. If your special set is cancelled, please e-mail a Notice of Cancellation to Div38@17th.flcourts.org. Please cancel as soon as is reasonably possible to allow other litigants to use that time.
Page 1 | VIII. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Domestic violence special set hearings may not be cancelled by agreement of the parties.
Special Set hearings may NOT be cancelled by agreement of the parties.
Page 1 | VII.D DOMESTIC VIOLENCE HEARINGS - Special Set Requests
Withdrawal or substitution of counsel does not stay the proceedings and cannot be a basis for continuance, rescheduling, or extension of any deadlines or pending motions.
The withdrawal or substitution of counsel shall not operate as a stay of the proceedings and will not delay the case. The withdrawal or substitution of counsel shall not serve as a basis for a continuance or rescheduling of any trial, hearing, or other matter, nor shall it extend any deadlines or pending motions in the case.
Page 1 | X.A SUBSTITUTION OR WITHDRAWAL OF COUNSEL - Generally
Motions to continue a scheduled trial must be set on UMC at least five business days before trial and include the client's consent, unless waived for exigent circumstances.
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.
Page 1 | VIII. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
Emergency hearings set by Court order may not be cancelled, continued, rescheduled, or expanded except by further Court order, and unavailable counsel must secure substitute or coverage counsel.
Hearings on emergency motions are specially set by Court Order and may not be cancelled, continued, rescheduled, or expanded to include additional matters except by further Order of the Court. If counsel of record is unavailable to appear, counsel is responsible for securing substitute or coverage counsel, absent prior authorization from the Court.
Page 1 | VII.E EMERGENCY HEARINGS
In domestic violence matters, continuances must be by properly filed motion (no ore tenus or agreement-based continuances), may not be heard on UMC, must be specially set on domestic violence days, and all hearings are in-person.
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. Motions to continue in DVCE cases may not be heard on UMC and must be specially set pursuant to Division Procedures on Domestic Violence days only. ALL hearings shall be held IN-PERSON.
Page 1 | VII.D DOMESTIC VIOLENCE HEARINGS - Motions to Continue
Chambers Communication Rules
All motions in domestic violence cases must be scheduled through the Judicial Assistant.
All motions in domestic violence cases must be scheduled through the Judicial Assistant.
Page 1 | VII.D DOMESTIC VIOLENCE HEARINGS - Special Set Requests
A party timely objecting to referral to the General Magistrate must submit the objection, the filed motion, and the hearing request to the Court via the division e-mail.
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 division e-mail.
Page 1 | XI. REFERRALS TO GENERAL MAGISTRATE OR HEARING OFFICER
A copy of every properly filed Petition for Relocation must be immediately e-mailed to the division with the case number, party names, and 'RELOCATION' in the subject line.
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 division e-mail. Failure to provide a copy and comply with this requirement may result in a delay in setting the petition for hearing. The e-mail must include the case number, party names, and RELOCATION in the subject line.
Page 1 | VII.I RELOCATION HEARINGS
In domestic violence cases, the need for an interpreter must be e-mailed to the Judicial Assistant at least seven days before the hearing.
For Domestic Violence cases, please notify the Judicial Assistant by e-mail that you require the services of an interpreter at least seven (7) days prior to your hearing.
Page 1 | XIII. INTERPRETERS/TRANSLATORS
Pro se litigants must include the opposing counsel/party in all correspondence with the division.
When e-mailing this office, you must include the opposing counsel/party in all correspondence.
Page 1 | III. PRO SE LITIGANTS (SELF-REPRESENTED PARTIES)
Parties may not use UMC to seek earlier hearing dates, send multiple or duplicative e-mails to the Judicial Assistant, or start a new e-mail thread for expedite requests.
The following practices are not permitted: Setting motions on the Court's Uniform Motion Calendar to seek an earlier hearing date from the Court. Sending multiple, disorganized, or duplicative e-mails to the Judicial Assistant. Initiating a new e-mail thread for a request to expedite a hearing.
Page 1 | VII.L REQUESTS FOR EXPEDITED HEARINGS
Every e-mail to the division e-mail must include the case number and case style in the subject line.
All e-mails to the division e-mail must have the CASE NUMBER and CASE STYLE in the SUBJECT LINE.
Page 1 | II. COMMUNICATIONS WITH THE COURT
Ex parte or one-sided communications are prohibited and will be returned, and parties may not ask Court staff to relay messages to the Judge.
Judge Avalos' office MUST NOT be the recipient of any ex parte or one-sided communications. If Judge Avalos' office receives an ex parte communication or is inappropriately or improperly copied on communications, the correspondence or document will be returned. Please do not ask any of the Court's staff to communicate any message to Judge Avalos.
Page 1 | II. COMMUNICATIONS WITH THE COURT
Special set hearing requests must be e-mailed to the Judicial Assistant with the motion and its filing date, total hearing time (divided equally between parties), time-sensitivity, evidence of conferral, and correct e-mail addresses for all parties.
After the parties have conferred and a Motion has been filed, please e-mail your hearing request to the Judicial Assistant at Div38@17th.flcourts.org with the following information: A copy of the Motion to be special set and the DATE IT WAS FILED WITH THE CLERK OF THE COURTS. The total amount of hearing time requested shall include the time required by both sides and will be divided equally between the parties unless otherwise ordered by the Court. The parties are responsible for monitoring and managing their allotted time to ensure that all arguments and presentations are completed within the scheduled hearing time; Whether the Motion is time-sensitive or entitled to statutory preference; Evidence of the parties conferral; and Correct e-mail address for all parties.
Page 1 | VII.F SPECIAL SET HEARINGS
Letters, e-mails, and notes may not be sent to the Court; relief must be sought through properly e-filed petitions or motions, with a courtesy copy sent to the Court and the opposing party copied.
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. In other words, the Court will not accept or address legal arguments, requests for relief, or other remarks submitted by e-mail. Should you seek relief, please file the appropriate petition or motion with the Clerk of the Courts, copy the opposing counsel/party, and send a courtesy copy to the Court.
Page 1 | II. COMMUNICATIONS WITH THE COURT
Filing a notice of cancellation does not automatically cancel a hearing; the Court must be notified by contacting the Judicial Assistant.
Filing a notice of cancellation does not automatically cancel the hearing. PLEASE ENSURE YOU NOTIFY THE COURT BY CONTACTING THE JUDICIAL ASSISTANT.
Page 1 | VIII. CANCELLATIONS/CONTINUANCES OF HEARINGS/TRIALS
All correspondence with the Court must be in writing via the division e-mail, and parties may not call chambers to schedule hearings.
ALL correspondence with the Court shall be done in writing via the division e-mail: Div38@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.
Page 1 | II. COMMUNICATIONS WITH THE COURT
A copy of every e-filed emergency motion must be e-mailed to the division with the case number, party names, and 'EMERGENCY' in the subject line, because the Court is not automatically notified of the filing.
If electronically filed, a copy of the motion MUST be e-mailed to the division at Div38@17th.flcourts.org. Any e-mail to the Division must include the case number, party names, and EMERGENCY in the subject line. THE COURT IS NOT NOTIFIED OF THE FILING OF AN EMERGENCY MOTION. ALL EMERGENCY MOTIONS MUST BE E-MAILED TO THE DIVISION.
Page 1 | VII.E EMERGENCY HEARINGS
Expedited hearing requests must be made in the original scheduling e-mail thread, include all parties and a certificate of conferral, and state the motion name, attached motion, current hearing date/time, reserved time, Zoom vs. in-person format, and any proposed reduced time.
Any request for an expedited hearing must be made by responding within the same e-mail thread that was originally used to set the hearing/trial. The e-mail must include all parties and/or counsel of record and a certificate of conferral. The request e-mail must clearly include all of the following: The name of the motion; A copy of the motion attached; The currently scheduled hearing date and time; The amount of time reserved for the hearing; Whether the hearing was set to be conducted via Zoom or in-person; and A statement as to whether the requesting party believes the hearing time can be reduced, and if so, the proposed reduced time.
Page 1 | VII.L REQUESTS FOR EXPEDITED HEARINGS
After the Clerk accepts a rehearing/reconsideration/clarification motion, a copy must be e-mailed to the Judge with the case number, party names, and 'REHEARING/RECONSIDERATION/CLARIFICATION' in the subject line.
Once the Clerk of the Courts has accepted the motion, a copy of the motion must be sent to Judge Avalos by e-mail for consideration. The e-mail must include the case number, party names, and REHEARING/RECONSIDERATION/CLARIFICATION in the subject line.
Page 1 | XIV. REQUESTS FOR REHEARING/RECONSIDERATION
All parties and counsel of record must be included in any e-mail communications with the Court.
Please ensure all parties and counsel of record are included in any e-mail communications with the Court.
Page 1 | II. COMMUNICATIONS WITH THE COURT
Pro se litigants may not contact the Judicial Assistant and must instead contact the Case Management Unit by e-mail or phone for assistance.
If you are a pro se litigant 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.
Page 1 | III. PRO SE LITIGANTS (SELF-REPRESENTED PARTIES)
The division may not be included in party-to-party scheduling e-mails, and multiple e-mails about the same hearing are prohibited because both cause delays.
DO NOT INCLUDE THE DIVISION IN E-MAILS BETWEEN THE PARTIES DISCUSSING SCHEDULING. This will result in delay in setting the hearing. DO NOT SEND MULTIPLE E-MAILS REGARDING THE SAME HEARING. This will result in delay in setting the hearing.
Page 1 | VII.F SPECIAL SET HEARINGS
A Notice of Voluntary Dismissal in a DVCE case must be set for hearing on the DV Docket, and a copy must be sent to the Judicial Assistant to request a hearing date and time.
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.
Page 1 | VII.D DOMESTIC VIOLENCE HEARINGS - Notice of Voluntary Dismissals
Hearing request e-mails should include the amount of time needed and a copy of the relevant date-stamped motion.
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.
Page 1 | II. COMMUNICATIONS WITH THE COURT
The Court may not be copied on e-mails unrelated to scheduling, including e-mails where parties are litigating with each other or disagreeing on dates/times.
Please do not copy the Court with any e-mails that are not related to scheduling. These include, but are not limited to, e-mails where counsel/parties are litigating with each other or disagreeing on dates/times.
Page 1 | II. COMMUNICATIONS WITH THE COURT
Parties may not contact the Judicial Assistant to inquire about order status; the Court will review, enter, and conform orders as promptly as possible.
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.
Page 1 | IX.A GENERALLY
Parties must not send multiple e-mails about the same case and must respond within the existing e-mail thread, as duplicate e-mails may delay responses.
DO NOT send multiple e-mails regarding the same case to the Court and please respond to the e-mails within the same existing e-mail thread. Multiple e-mail requests in the same case may result in a delayed response to your requests.
Page 1 | II. COMMUNICATIONS WITH THE COURT
Technical questions about the CMS Online Scheduling System or e-order submission should be e-mailed 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
Page 1 | XVI. ADDITIONAL INFORMATION