Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements
471 rules from official source documents
Required elements, certificates, and structural requirements for court documents. This page is scoped to Seventeenth Judicial Circuit of Florida, Broward County; use the court rules overview to switch categories without leaving this court.
- Applies to
- Motion
Every motion must include a concise statement of the relief requested, the basis for the request, and citation to supporting legal authority.
In a motion or other application for an order, the movant shall include a concise statement of the relief requested, a statement of the basis for the request and citation to legal authority in support of the request.
- Applies to
- Reply memorandum
Reply memoranda and further memoranda are prohibited unless the Court grants leave.
No party shall file any reply or further memorandum directed to the motion or response allowed in (a) and (b) unless the Court grants leave.
- Applies to
- Motion requesting relief from page limitation
A motion seeking relief from the page limits must state the efforts made to comply and the length of the proposed filing, and may not include attachments.
A motion requesting relief from the page limitation shall not exceed two (2) pages, specify what efforts have been made to comply with the page limitation, specify the length of the proposed filing and not include any attachments.
- Applies to
- Motion for summary judgment
A motion for summary judgment must identify each claim or defense (or part thereof) on which summary judgment is sought.
Civ. P. 1.510 (a ) a party moving for summary judgment shall identify each claim or defense - or part of each claim or defense on which summary judgment is sought.
- Applies to
- Motion for summary judgment
Summary judgment motions must be supported or opposed with a statement of material facts.
Pursuant to the Florida Supreme Court’s amendment to Florida Rule of Civil Procedure 1.510 effective May 1, 2021, parties moving for summary judgment must support or oppose the motion with a statement of material facts.
- Applies to
- Statement of material facts
The movant must file its statement of material facts as a separate filing from the summary judgment motion.
The moving party shall file a statement of material facts as a separate filing from a motion for summary judgment.
- Applies to
- Statement of material facts
Each material fact must be in an individually numbered paragraph with a specific pin-cite to page/paragraph/line numbers of the cited exhibit; general exhibit citations are not permitted.
Each material fact in the statement that requires evidentiary support shall be set forth in an individually numbered paragraph and supported by a specific citation. This specific citation shall reference pages (and paragraph or line numbers, if applicable) of the cited exhibit(s). When a material fact requires evidentiary support, a general citation to an exhibit, without a page number or pin-cite, is not permitted.
- Applies to
- Exhibits
Every exhibit referenced in a summary judgment motion or statement of material facts must be on the docket, and referenced deposition transcripts must be complete with all exhibits.
Each exhibit referenced in the motion for summary judgment and/or in the statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled. If a deposition transcript is referenced, a complete copy must be filed which includes all exhibits.
- Applies to
- Opposing statement of material facts
The opposing statement must repeat each numbered paragraph of the movant's statement and detail the response or opposition after each paragraph.
A responding party’s opposing statement of material facts must specifically respond to each statement in the movant’s statement by setting forth each of the individually numbered paragraphs contained in the movant’s statement and after each paragraph, detail respondent’s response or opposition.
- Applies to
- Exhibits
Every exhibit referenced in a summary judgment response or opposing statement must be on the docket, with complete deposition transcripts including all exhibits.
Each exhibit referenced in the response to the motion for summary judgment and/or in the opposing statement of material facts must be filed on the docket. Exhibits which have already been filed on the docket need not be refiled. If a deposition transcript is relied upon, a complete copy must be filed which includes all exhibits.
- Applies to
- Reply statement of facts
Reply statements of material facts are not permitted on summary judgment.
A reply statement of facts is not permitted.
- Applies to
- Motion for attorney fees
Motions for attorney fees and costs must state whether entitlement has been agreed to or determined, after which the Court will issue a scheduling order for the amount.
In your Motion, please state whether or not entitlement has been agreed to or determined. Once entitlement has been determined, the Court will issue a scheduling order regarding the determination of the amount. See s. 4 (f).
- Applies to
- Motion for default final judgment
Motions for default final judgment must attach the complaint portion stating the specific dollar amount with the AOI; a hearing may not be required if a specific dollar amount was pled.
A hearing may not be required if you have pled a specific dollar amount in the complaint. Please include a copy of that portion of the complaint that states the specific dollar amount with your AOI.
- Applies to
- Quiet title or partition action
Quiet title and partition actions must include an affidavit or certified copy of the deed relied upon.
Quiet Title and Partition actions require an affidavit or certified copy of the deed upon which you rely.
- Applies to
- Hearing supporting documents
Hearing supporting documents must include the motion and all related papers, plus the complaint for motions to dismiss and the discovery request (if not part of the response) for discovery matters.
Upload the motion and all related papers as Supporting Documents to the hearing. For motions to dismiss, include the complaint. For discovery matters, include the request if it is not part of the response.
- Applies to
- Order or judgment after hearing
Orders and judgments after hearing must state the date of hearing and the type of motion.
The order or judgment must contain the date of hearing and type of motion.
- Applies to
- Competing order
Competing orders must be accompanied by a cover letter, uploaded as a Supporting Document, stating that there are competing orders.
Please include a cover letter, as a Supporting Document, stating that there are competing orders.
- Applies to
- Discovery motion
For discovery extension-of-time requests, ex parte motions may not be used; the motion must be attached as a supporting document.
If there has been a request for an extension of time, an ex parte motion may not be utilized. Attach the motion as a supporting document.
- Applies to
- Divisional email
- Must include
- case number
Emails to the division must include the case style (case number and party names) in the subject line, and emergency motions must be noted in the subject line.
All emails MUST INCLUDE IN THE SUBJECT LINE the case style, which includes the case number and party names. Please double check the case numbers to ensure that the number is correct and that you are emailing the correct Division. If the motion your are emailing is an emergency, please note that in the subject line.
- Applies to
- Proposed order granting withdrawal
Proposed orders granting withdrawal must include the client's last known address, email address and phone number in the body.
In the body of the proposed order granting withdrawal please include the client's last known address, email address and phone number.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
Every notice of hearing must include a certification of good-faith attempt to resolve and that the matter can be heard within five minutes.
To comply with the above, every party or attorney setting a motion for hearing shall execute the following certification in the Notice of Hearing: I hereby certify that: A. I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing; and B. The issues before the Court may be heard and resolved by the Court within five (5) minutes.
- Applies to
- Special set hearing request
Special set hearing requests must be emailed copying all parties with the motion and six required items of information, or the email will not be answered.
After your meet and conferral, please email your request, and you must copy all parties within the email, to Ms. Del Ponte at div33@17th.flcourts.org, along with a copy of the motion(s) with all the attachments, if applicable, you would like to set, and include the following information in your email: 1. Evidence of the parties' good faith attempt to resolve the matter. (The date of your communication with the opposing attorney or self- represented party, the manner of your communication, and the names of the individuals who participated in the communication) 2. A copy of the Motion to be special set 3. Whether the matter is time-sensitive or is entitled to statutory preference; 4. Is this an evidentiary hearing. 5. The amount of time requested by the moving party; 6. The amount of time requested by the non-moving party YOUR EMAIL WILL NOT BE RESPONDED TO IF ALL OF THIS INFORMATION IS NOT INCLUDED.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
Special set notices of hearing must contain the Local Rule 10A good-faith certification, and direct communication means oral communication only, not email.
In accordance with Local Rule 10A, all special set hearings shall contain the following language in the body of the notice of hearing: I hereby certify that I have made a good faith attempt to resolve this matter by having direct communication about the matter with all parties, prior to my noticing this motion for hearing. In Division 33, direct communication means only oral communication, which includes FaceTime, Zoom, and Telephone, NOT E-MAIL.
- Applies to
- Proposed order
Agreed orders must be uploaded with an explanatory cover letter, and every proposed order must state whether opposing counsel agreed to the form and content.
You must upload an explanatory cover letter and every proposed order must state whether opposing counsel has agreed to the form and content.
- Applies to
- Mediation order
Requests for mediation orders must include the Standard Mediation Order with both parties' financial affidavits.
If you are requesting a Mediation order, you must send the Standard Mediation Order WITH BOTH parties’ financial affidavits.
- Applies to
- Proposed order
Proposed orders must include a cover letter certifying agreement, objections, or that three days have passed without objection, or the order will be rejected.
All proposed orders should be accompanied by a cover letter indicating if the parties are in agreement to the form and substance of the proposed order. The Court DOES NOT hold orders pending objections longer than three (3) business days, so the cover letter must indicate when and how the proposed order was sent to the opposing party/counsel for review and certify the following: The opposing party/counsel is in agreement to the proposed order The specific objections of the opposing party/counsel That at least three (3) days have passed since the proposed order was sent to the opposing party and no objection has been received prior to the party submitting the order to the Court. Failure to include a cover letter and/or certification will result in the rejection of the proposed order.
- Applies to
- Order granting motion to withdraw
Orders granting withdrawal must include the client's last known address, phone number, and email, and the attorney must affiliate the client's email with the case on CMS before uploading.
All orders shall include the client’s last known address, telephone number (including area code) and e-mail address and the uploading attorney must affiliate the client’s email address with the case on CMS prior to uploading the proposed order for entry.
- Applies to
- Income deduction order
Income Deduction/Withholding Orders require written confirmation that both parties reviewed and approved them, or the order will not be signed.
Please be advised that when submitting these orders, the Court requires written confirmation that both parties have reviewed and approved the Income Deduction Order/Income Withholding Order. The order will NOT be signed if there is no written confirmation provided.
- Applies to
- Request for hearing
Pro se parties must file hearing requests via email or in writing with self-addressed stamped envelopes for all parties and a copy of the request with the motion to the Clerk.
Self-represented (or pro se) parties must file a request for a hearing either via email or in writing along with self-addressed stamped envelopes for all parties and send a copy of the request with the Motion to be heard to the Clerk of Courts.
- Applies to
- Dissolution by affidavit request
Dissolution by affidavit requests require submission of specified supporting documents in CMS, including a proposed final order of dissolution.
Prior to requesting dissolution by affidavit the following documents must be submitted to the Court as SUPPORTING DOCUMENTS in the CMS system.
- Applies to
- Motion
For special set hearings of 15 minutes or longer, the motion must first be filed with the Clerk of Court.
You MUST first file your motion with the Clerk of Court.
- Applies to
- Victim request to modify or vacate no contact order
- Must include
- case number
A victim seeking to modify or vacate a No Contact Order must send a written request (email preferred) that includes the case number, both parties' phone numbers and email addresses, and all reasons for the request.
The Judge must receive from the victim a written request (email is preferred to: divfv@17th.flcourts.org) to modify or drop a No Contact Order, which shall include the following information: a.) Case Number b.) Victim’s and Defendant’s phone numbers & email addresses c.) Be sure to include all reasons for a for request to modify or vacate the no contact order
- Applies to
- Motion
For motion calendar/status hearings, the motion must first be filed with the Clerk of Court and the moving party must coordinate with opposing counsel before setting the hearing.
You MUST first file your motion indicating your requested relief or motion for status hearing with the Clerk of Court. The moving party must coordinate with the opposing counsel/party prior to setting the hearing.
- Applies to
- Notice of hearing
A notice of hearing stating the date, time, and length of the hearing is required; hearings will not be set without one.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be set without a Notice of Hearing from the parties.
- Applies to
- Proposed agreed order
Proposed agreed orders must be submitted with agreed motions and titled 'Agreed Order on…'.
Agreed Orders: Proposed Agreed Orders shall be submitted with Agreed Motions and must contain the title “Agreed Order on…”.
- Applies to
- Stipulation for substitution of counsel
- Must include
- proposed order
Substitution of counsel not done ore tenus requires submitting the signed stipulation, the defendant's signed consent, and a proposed order to the Division email, with new counsel's required certification included in the stipulation.
If not occurring ore tenus in open court with the defendant present, either counsel may submit the signed Stipulation, signed consent of defendant/client, and proposed order with the below referenced wording to the Division email address. New counsel shall include in the Stipulation a certification stating, "I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions, and other deadlines that are set in this case."
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw (and their notices of hearing) must include a certificate of service on all parties, or the Court will not hear the motion.
Motions to Withdraw: must include a certificate of service to all other parties and the Notice of Hearing must include the same. The Court will not hear any motion to withdraw where the Defendant/other parties are not properly noticed.
- Applies to
- Exhibits
Proposed exhibits must be reviewed with opposing counsel in advance and pre-marked with letters starting with 'A'.
All proposed exhibits (evidence) for trial or any evidentiary hearing shall be reviewed with the opposing counsel/party in advance of the scheduled trial/hearing date and pre-marked for admission with LETTERS, starting with “A.”
- Applies to
- Exhibits
For trials, proposed exhibits must be reviewed with opposing counsel in advance and pre-marked with letters starting with 'A', and exhibit objections must be filed as a motion in limine before trial with an advance hearing requested from the Judicial Assistant.
All proposed exhibits (evidence) for trial shall be reviewed with the opposing counsel/party in advance of the scheduled trial and pre-marked for admission with LETTERS, starting with "A." If a party objects to any proposed exhibit, he/she shall file a motion in limine with respect to same prior to the trial and request a court hearing in advance of the trial from the Judicial Assistant.
- Applies to
- Motion
For special set hearings of 15 minutes or longer, the motion must first be filed with the Clerk of Court.
You MUST first file your motion with the Clerk of Court.
- Applies to
- Victim request to modify or vacate no contact order
- Must include
- case number
A victim seeking to modify or vacate a No Contact Order must send a written request (email preferred) that includes the case number, both parties' phone numbers and email addresses, and all reasons for the request.
The Judge must receive from the victim a written request (email is preferred to: divfv@17th.flcourts.org) to modify or drop a No Contact Order, which shall include the following information: a.) Case Number b.) Victim’s and Defendant’s phone numbers & email addresses c.) Be sure to include all reasons for a for request to modify or vacate the no contact order
- Applies to
- Motion
For motion calendar/status hearings, the motion must first be filed with the Clerk of Court and the moving party must coordinate with opposing counsel before setting the hearing.
You MUST first file your motion indicating your requested relief or motion for status hearing with the Clerk of Court. The moving party must coordinate with the opposing counsel/party prior to setting the hearing.
- Applies to
- Notice of hearing
A notice of hearing stating the date, time, and length of the hearing is required; hearings will not be set without one.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be set without a Notice of Hearing from the parties.
- Applies to
- Proposed agreed order
Proposed agreed orders must be submitted with agreed motions and titled 'Agreed Order on…'.
Agreed Orders: Proposed Agreed Orders shall be submitted with Agreed Motions and must contain the title “Agreed Order on…”.
- Applies to
- Stipulation for substitution of counsel
- Must include
- proposed order
Substitution of counsel not done ore tenus requires submitting the signed stipulation, the defendant's signed consent, and a proposed order to the Division email, with new counsel's required certification included in the stipulation.
If not occurring ore tenus in open court with the defendant present, either counsel may submit the signed Stipulation, signed consent of defendant/client, and proposed order with the below referenced wording to the Division email address. New counsel shall include in the Stipulation a certification stating, "I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions, and other deadlines that are set in this case."
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw (and their notices of hearing) must include a certificate of service on all parties, or the Court will not hear the motion.
Motions to Withdraw: must include a certificate of service to all other parties and the Notice of Hearing must include the same. The Court will not hear any motion to withdraw where the Defendant/other parties are not properly noticed.
- Applies to
- Exhibits
Proposed exhibits must be reviewed with opposing counsel in advance and pre-marked with letters starting with 'A'.
All proposed exhibits (evidence) for trial or any evidentiary hearing shall be reviewed with the opposing counsel/party in advance of the scheduled trial/hearing date and pre-marked for admission with LETTERS, starting with “A.”
- Applies to
- Exhibits
For trials, proposed exhibits must be reviewed with opposing counsel in advance and pre-marked with letters starting with 'A', and exhibit objections must be filed as a motion in limine before trial with an advance hearing requested from the Judicial Assistant.
All proposed exhibits (evidence) for trial shall be reviewed with the opposing counsel/party in advance of the scheduled trial and pre-marked for admission with LETTERS, starting with "A." If a party objects to any proposed exhibit, he/she shall file a motion in limine with respect to same prior to the trial and request a court hearing in advance of the trial from the Judicial Assistant.
- Applies to
- Courtesy copy pleading
- Must include
- certificate of service
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.
- Applies to
- Mandatory disclosure
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.
- Applies to
- Financial 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.
- Applies to
- Motion
- Must include
- certificate of conference
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)]."
- Applies to
- Notice of hearing
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."
- Applies to
- Notice of hearing
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.
- Applies to
- 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.
- Applies to
- Emergency motion
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.
- Applies to
- Temporary custody petition
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.
- Applies to
- Notice of readiness for trial
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.
- Applies to
- Agreed order
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.
- Applies to
- Proposed order
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.
- Applies to
- Proposed order
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.
- Applies to
- Proposed final judgment
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.
- Applies to
- Proposed final judgment
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.
- Applies to
- Proposed order appointing guardian ad litem
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.
- Applies to
- Foreign language document
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.
- Applies to
- Final judgment dissolution by affidavit
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.
- Applies to
- Final judgment dissolution by affidavit
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.
- Applies to
- Supplemental affidavit remote uncontested dissolution
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.
- Applies to
- Order of referral to mediation
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.
- Applies to
- Notice of hearing
The Court may not hear a set matter without a Notice of Hearing unless the opposing party waives the notice requirement.
Without a Notice of Hearing, the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.
- Applies to
- Agreed motion
Agreed motions must contain a statement indicating the parties' agreement.
Agreed Motions must contain a statement indicating the agreement.
- Applies to
- Notice of hearing
- Must include
- certificate of service
The notice of hearing must certify that the other party received notice via email.
The notice of hearing should certify that the other party has received notice via email.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to Withdraw must include a certificate of service to the Defendant (also in the Notice of Hearing), and the Court will not hear the motion if the Defendant is absent without proper notice.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any Motion to Withdraw where the Defendant is absent, and no proper notice has been provided.
- Applies to
- Proposed order
Orders submitted for agreed motions must include the language 'Agreed Order' in the heading.
Orders submitted to say motions must include the language "Agreed Order" in the heading.
- Applies to
- Notice of hearing
A Notice of Hearing set unilaterally must state 'Set Unilaterally Pursuant to Judge Barner's Procedures'.
Please note on your Notice of Hearing, “Set Unilaterally Pursuant to Judge Barner's Procedures”.
- Applies to
- Filing containing ai generated content
- Must include
- ai disclosure
Any filing containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, with failure subjecting the filer to sanctions.
If any attorney or pro se party submits to the court any filing or submission containing AI - generated content, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.
- Applies to
- Ex parte or non evidentiary motion
- Must include
- proposed order
On ex-parte matters or non-evidentiary motions heard on the motion calendar, the requesting party must furnish the Court a prepared order.
The party requesting relief shall furnish the Court a prepared order and sufficient copies with self-addressed, stamped envelopes for all parties.
- Applies to
- Agreed order motion to compel
If Local Rule 11 is triggered, the standard form must be used without adding any additional language such as a waiver of privilege.
IF LOCAL RULE 11 IS TRIGGERED, PLEASE USE THE STANDARD FORM ATTACHED HERETO. DO NOT ADD ANY ADDITIONAL LANGUAGE (e.g. waiver of privilege, etc.)
- Applies to
- Motion for continuance
- Must include
- proposed order
A Motion for Continuance must be filed with a proposed order, sufficient conforming copies, and self-addressed stamped envelopes.
The Motion for Continuance must be filed with a proposed order, sufficient copies to conform and self-addressed, stamped envelopes.
- Applies to
- Emergency filing
Emergency matters require compliance with Administrative Order 2021-51-CO, including submission of a 'Request for Emergency Relief'; simply emailing the court is not sufficient.
Please do not simply email teh Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission of a “Request for Emergency Relief.”
- Applies to
- Order on motion for writ of garnishment
Orders on motions for writ of garnishment must have proof of payment to the Clerk attached as a supporting document.
Orders on Motion for Writ of Garnishment - Proof of payment to the Clerk must be attached as a supporting document.
- Applies to
- Agreed order
Parties may not submit 'agreed' orders attempting to continue court-ordered hearings; the continuance procedure must be used instead.
PARTIES MAY NOT SUBMIT “AGREED” ORDERS ATTEMPTING TO CONTINUE COURT-ORDERED HEARINGS. SEE ABOVE FOR CONTINUANCES.
- Applies to
- Motion to withdraw as attorney
A Motion to Withdraw as Attorney of Record must include the client's contact information, including address and email address if any, within the text of the motion.
When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.
- Applies to
- Proposed order motion to withdraw
- Must include
- proposed order
A proposed order on withdrawal as attorney must contain the required language for individuals (future pleadings served on the former client) or for corporations (new counsel must appear within 20 days or default or striking of pleadings may result).
Your proposed order must contain the below language: FOR INDIVIDUALS: “ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____.” IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A “PRO-SE”. FOR CORPORATIONS, LLC'S, ETC. “IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS.”
- Applies to
- Stipulation or motion for substitution of counsel
Stipulations or Motions for Substitution of Counsel must be signed by both the former attorney and the new attorney.
Stipulations for Substitution of Counsel or Motions for Substitution of Counsel shall be signed by both the former attorney and the new attorney taking the case over.
- Applies to
- Motion for substitution of counsel
Substitution of counsel requires the client's written consent and a certification by new counsel that they have reviewed the docket, spoken with all counsel of record, and are aware of all pending hearings, depositions, and deadlines.
The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies “I have reviewed the court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
- Applies to
- Motion for rehearing
A Motion for Rehearing and/or Reconsideration must incorporate a memorandum of law setting out the legal basis for granting the requested relief.
A MEMORANDUM OF LAW SHALL BE INCORPORATED INTO THE MOTION FOR REHEARING AND/OR RECONSIDERATION WITH THE LEGAL BASIS FOR THE COURT TO GRANT THE RELIEF REQUESTED.
- Applies to
- Motion
- Must include
- ai disclosure
All motions drafted with generative AI assistance must include the required certification language verifying all citations and AI-drafted content, per Administrative Order 2026-03-Gen.
Broward County Administrative Order 2026-03-Gen requires the following language on all Motions written with artificial intelligence assistance: The undersigned hereby certifies that generative artificial intelligence was used in the preparation of this submission. The undersigned certifies that s/he has read and verified the accuracy of every citation to the law and/or the record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts, and legal analysis, and accepts full responsibility for the contents of this submission.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
The notice of hearing must certify that all parties were consulted and agreed to the hearing time.
Coordination with all parties regarding hearing dates and times is mandatory. The notice of hearing shall certify that all parties were consulted and agreed to the hearing time.
- Applies to
- Motion to withdraw
Motions to withdraw must set a hearing, notice the client, and include the client's email address, phone number, and physical address within the text of the motion.
Please set a hearing and Notice the Client, if an individual. Motions To Withdraw require the client's contact information, including email address, phone number, and physical address, within the text of the motion, as well as notice to the client.
- Applies to
- Motion to withdraw
- Must include
- proposed order
A motion to withdraw must be e-filed with a client-signed Consent to Withdraw and a proposed order containing the specified service-on-former-client language.
Please e-file a Consent to Withdraw signed by your client(s) along with a proposed Order which much include the following language: ALL FUTURE PLEADINGS FOR (INSERT FORMER CLIENT'S NAME(S) HERE), SHALL BE SERVED UPON (PUT NAME, ADDRESS, PHONE AND EMAIL ADDRESS OF FORMER CLIENT).
- Applies to
- Order allowing withdrawal corporate client
An order allowing withdrawal from a corporate client must include the specified language warning that failure to retain new counsel within twenty days may result in default or striking of pleadings.
If the party is a corporation, Florida law requires that the corporation be represented by an attorney. Please put the following language in an Order Allowing Withdrawal from a Corporate Client: ALL FUTURE PLEADINGS FOR (INSERT FORMER CORPORATE CLIENT'S NAME(S) HERE), SHALL BE SERVED UPON (PUT NAME, ADDRESS, PHONE AND EMAIL ADDRESS OF FORMER CORPORATE CLIENT). FAILURE TO TIMELY RETAIN NEW COUNSEL WITHIN TWENTY DAYS OF THIS DATE MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS.
- Applies to
- Notice of hearing
Notices of hearing must state the date, time, and length of the hearing, and hearings will not be heard without a Notice of Hearing and a copy of the motion.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be heard without a Notice of Hearing from the parties and a copy of the MOTION.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw must include a certificate of service to the Defendant (also reflected in the Notice of Hearing), and the Court will not hear the motion without the Defendant present and proper notice.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any motion to withdraw where the Defendant is not present and no proper notice was given.
- Applies to
- Agreed motion
Agreed motions must contain a statement indicating the parties' agreement.
Agreed Motions must contain a statement indicating the agreement.
- Applies to
- Agreed motion
Agreed motions must include the words "Agreed Motion" in the title.
Agreed Motions must contain the language, "Agreed Motion" in the title.
- Applies to
- Agreed order
Agreed orders submitted with agreed motions must include the words "Agreed Order" in the heading.
Agreed Orders: submitted with Agreed Motions must contain the language "Agreed Order" in the heading.
- Applies to
- Notice of hearing
- Must include
- case number
For a Global Plea, all case names and numbers must be provided to the Judicial Assistant and listed in the header section of the Notice of Hearing.
Judicial Assistant shall be provided all case names and numbers requesting a Global Plea and they must be listed on the Notice Hearing in the header section.
- Applies to
- Notice of hearing
Notices of hearing must state the date, time, and length of the hearing, and hearings will not be heard without a Notice of Hearing and a copy of the motion.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be heard without a Notice of Hearing from the parties and a copy of the MOTION.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw must include a certificate of service to the Defendant (also reflected in the Notice of Hearing), and the Court will not hear the motion without the Defendant present and proper notice.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any motion to withdraw where the Defendant is not present and no proper notice was given.
- Applies to
- Agreed motion
Agreed motions must contain a statement indicating the parties' agreement.
Agreed Motions must contain a statement indicating the agreement.
- Applies to
- Agreed motion
Agreed motions must include the words "Agreed Motion" in the title.
Agreed Motions must contain the language, "Agreed Motion" in the title.
- Applies to
- Agreed order
Agreed orders submitted with agreed motions must include the words "Agreed Order" in the heading.
Agreed Orders: submitted with Agreed Motions must contain the language "Agreed Order" in the heading.
- Applies to
- Notice of hearing
- Must include
- case number
For a Global Plea, all case names and numbers must be provided to the Judicial Assistant and listed in the header section of the Notice of Hearing.
Judicial Assistant shall be provided all case names and numbers requesting a Global Plea and they must be listed on the Notice Hearing in the header section.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
Self-scheduling parties must certify in the notice of hearing that they consulted all other parties on the hearing time.
Parties using self-scheduling MUST certify they consulted with all other parties in obtaining the hearing time in the notice of hearing.
- Applies to
- Ex parte proposed order
- Must include
- proposed order
Ex-parte orders and materials for the Judge must be submitted directly to chambers by U.S. mail, overnight, or hand-delivery with conformed courtesy copies, self-addressed stamped envelopes for all parties, and a cover letter.
Any EX-PARTE ORDERS must be submitted as follows : Written Proposed Orders, correspondence and any other material to be considered by the Judge must be submitted directly to Chambers (via USMail, overnight delivery or hand-delivery) with courtesy copies to conform, return self-addressed stamped envelopes for all parties and a cover letter; package must be complete for a return.
- Applies to
- Request for emergency relief
Emergency matters require compliance with Administrative Order 2021-51-CO, including a 'Request for Emergency Relief' hand-delivered to chambers; do not email the Court about emergencies.
Please do not email the Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission “Request for Emergency Relief.” Hand-delivered to chambers for consideration.
- Applies to
- Motion to compel discovery
For Local Rule 11 motions to compel discovery, use the standard attached form without adding any additional language.
If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language.
- Applies to
- Motion for substitution of counsel
Substitution of counsel requires the client's written consent and a new-counsel certification that they have reviewed the docket and are aware of all pending hearings, depositions, and deadlines.
The Court will not grant a substitution of counsel unless client’s written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings,depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
- Applies to
- Cover letter
A copy of the motion must be provided to the Judge with a cover letter or email stating how much hearing time is needed and whether evidence (testimony) will need to be considered.
However, the mere filing of a motion with the Clerk's Office does not bring the matter before the Judge. A copy must be provided to the Judge with a cover letter or email explaining how much time is necessary for the matter to be heard. The letter should also include information regarding whether evidence (i.e. – testimony) will need to be considered at the time of the hearing.
- Applies to
- Motion
- Must include
- certificate of conference
Any motion not agreed upon by the parties must include, at the end, a certification of good faith conferral (or reasonable efforts to confer, identified with specificity) and, where applicable, the issues resolved and those remaining unresolved.
At the end of any motion not agreed upon by the parties, counsel for the moving party shall certify either: (A) that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so; or (B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement, [2] but has been unable to reach the other parties or non-parties whose input is necessary. If certain of the issues have been resolved by agreement, the certification shall specify the issues so resolved and the issues remaining unresolved.
- Applies to
- Agreed order
Before submitting an 'Agreed' order, the preparing office must provide an advance copy to the opposing side and confirm there is no objection to the form of the order.
Before submitting an order to the court as 'Agreed,' the office preparing the agreed order must provide an advance copy to the opposing side and confirm there is no objection to the form of the order prior to submitting it to the Judge.
- Applies to
- Agreed order
Agreed order submissions must notify the judge that the opposing side agrees to the order and/or has no objection, indicated in the order's title and/or the accompanying cover letter.
When submitting such an order, notification shall be given to the judge that the opposing side either agrees to the order and/ or has no objection/position to the relief being ordered. Such agreement can be indicated in either the title of the order and/ or the cover letter accompanying the submission.
- Applies to
- Agreed order
- Must include
- proposed order
Proposed agreed orders must include a copy of the underlying motion/agreement/petition, except that an Agreed Order Extending the Goal Date requires no accompanying motion when all parties agree to the extension.
When submitting such proposed orders, please include of the following a copy of the motion/ agreement/ petition [3]. The only exception that a motion be filed with any agreed order is an Agreed Order Extending the Goal Date. If all parties agree to extending a goal date, submission of a motion to accompany such an Agreed Order is unnecessary.
- Applies to
- Emergency motion
Emergency motions must be verified and include a certification that the motion is an emergency and that the filing lawyer or party is acting in good faith.
The emergency motion should be verified and include a certification by the lawyer or party filing such motion that the motion is an emergency and that the lawyer or party is acting in good faith in seeking such relief. [5]
- Applies to
- Cover letter
The cover letter accompanying an emergency motion must state that emergency hearing is requested, or the matter will not receive expedited consideration.
The cover letter must note that the matter is requested to be heard on an emergency basis or it will not receive expedited consideration and review.
- Applies to
- Notice of hearing
- Must include
- notice of electronic filing
Notices of Hearing and Pleadings must be uploaded via CMS Supporting Documents, and cancellations must be made immediately via CMS by the scheduling party.
This Court requires all Notices of Hearing and Pleadings be uploaded to the hearing event set via CMS - Supporting Documents. Failure to comply with Local Rule 10A may result in your case not being heard. All cancellations must be done via the Court Management System (CMS) immediately by the scheduling party.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
Counsel must certify a good faith attempt to resolve the matter before noticing any motion for hearing.
MOVANT COUNSEL MUST CERTIFY THAT A GOOD FAITH ATTEMPT TO RESOLVE THE MATTER WAS MADE PRIOR TO NOTICING ANY MOTION FOR HEARING.
- Applies to
- Notice of hearing
- Must include
- caption
UMC Notices of Hearing must include the Court's Zoom information, not the Courthouse address.
The Notice of Hearing for the 8:45 A.M. Uniform Motion Calendar Monday through Thursday MUST contain the Court's ZOOM video conference information and NOT the Courthouse address.
- Applies to
- Joint pretrial stipulation
Joint Pretrial Stipulation, Joint Jury Instructions and Verdict Form must be uploaded via CMS before Calendar Call.
You must upload to the Calendar Call date via CMS the Joint Pretrial Stipulation, Joint Jury Instructions and Verdict Form prior to Calendar Call.
- Applies to
- Agreed order
- Must include
- caption
Agreed Orders must contain the word 'AGREED' in the title and body and specific consent language.
AGREED ORDER: The word “AGREED” must be in the title and in the body of the Order being uploaded. An Agreed Order must have the following language: The parties have reviewed the Agreed Order and have no objection to the entry of the Order.
- Applies to
- Proposed order
- Must include
- proposed order
Proposed orders may be uploaded via CMS only after a hearing and ruling, and must state the date the matter was heard.
PROPOSED ORDERS may be uploaded via CMS only AFTER a hearing and ruling by the Court on the motion at bar. The Proposed E-ORDER shall state the date the matter was heard.
- Applies to
- Proposed order
- Must include
- proposed order
Proposed orders submitted in advance of a hearing are treated as ex parte communications and may result in sanctions.
No Proposed Orders may be submitted in advance of any hearing or trial, any proposed Orders submitted in advance of a hearing WILL be considered EX PARTE communications and the party submitting such Order may be sanctioned.
- Applies to
- Motion for rehearing
- Must include
- proposed order
Motions for rehearing/reconsideration must be emailed to the Court with the filed motion, transcript, and proposed order, copying all parties.
The moving party MUST submit via email and copying all parties the filed motion, transcript and proposed order to div03@17th.flcourts.org for the Court's consideration.
- Applies to
- Ex parte motion to compel discovery
- Must include
- proposed order
Ex parte motions to compel discovery must be submitted via CMS Workbench with a proposed order.
The filed motion and proposed order must be submitted via CMS Workbench for the Court's consideration.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw (absent substitution) must be set for a UMC hearing with notice to all parties including the client.
Unless a new lawyer is substituting, the Motion to Withdraw must be set for a hearing with notice to all parties including the client on the UMC docket via CMS.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
All parties using CMS must certify consultation with all other parties in obtaining hearing time per Local Rule 10A.
ALL parties utilizing the Court Management System (CMS) shall certify that they have consulted with all other parties in obtaining the hearing time in the Notice of Hearing pursuant to Local Rule 10A which governs the Uniform Motion Calendar, Special Set Hearings and Ex Parte Motions to Compel Discovery.
- Applies to
- Notice of hearing
- Must include
- notice of electronic filing
Notices of Hearing and Pleadings must be uploaded via CMS Supporting Documents, and cancellations must be made immediately via CMS by the scheduling party.
This Court requires all Notices of Hearing and Pleadings be uploaded to the hearing event set via CMS - Supporting Documents. Failure to comply with Local Rule 10A may result in your case not being heard. All cancellations must be done via the Court Management System (CMS) immediately by the scheduling party.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
Counsel must certify a good faith attempt to resolve the matter before noticing any motion for hearing.
MOVANT COUNSEL MUST CERTIFY THAT A GOOD FAITH ATTEMPT TO RESOLVE THE MATTER WAS MADE PRIOR TO NOTICING ANY MOTION FOR HEARING.
- Applies to
- Notice of hearing
- Must include
- caption
UMC Notices of Hearing must include the Court's Zoom information, not the Courthouse address.
The Notice of Hearing for the 8:45 A.M. Uniform Motion Calendar Monday through Thursday MUST contain the Court's ZOOM video conference information and NOT the Courthouse address.
- Applies to
- Joint pretrial stipulation
Joint Pretrial Stipulation, Joint Jury Instructions and Verdict Form must be uploaded via CMS before Calendar Call.
You must upload to the Calendar Call date via CMS the Joint Pretrial Stipulation, Joint Jury Instructions and Verdict Form prior to Calendar Call.
- Applies to
- Agreed order
- Must include
- caption
Agreed Orders must contain the word 'AGREED' in the title and body and specific consent language.
AGREED ORDER: The word “AGREED” must be in the title and in the body of the Order being uploaded. An Agreed Order must have the following language: The parties have reviewed the Agreed Order and have no objection to the entry of the Order.
- Applies to
- Proposed order
- Must include
- proposed order
Proposed orders may be uploaded via CMS only after a hearing and ruling, and must state the date the matter was heard.
PROPOSED ORDERS may be uploaded via CMS only AFTER a hearing and ruling by the Court on the motion at bar. The Proposed E-ORDER shall state the date the matter was heard.
- Applies to
- Proposed order
- Must include
- proposed order
Proposed orders submitted in advance of a hearing are treated as ex parte communications and may result in sanctions.
No Proposed Orders may be submitted in advance of any hearing or trial, any proposed Orders submitted in advance of a hearing WILL be considered EX PARTE communications and the party submitting such Order may be sanctioned.
- Applies to
- Motion for rehearing
- Must include
- proposed order
Motions for rehearing/reconsideration must be emailed to the Court with the filed motion, transcript, and proposed order, copying all parties.
The moving party MUST submit via email and copying all parties the filed motion, transcript and proposed order to div03@17th.flcourts.org for the Court's consideration.
- Applies to
- Ex parte motion to compel discovery
- Must include
- proposed order
Ex parte motions to compel discovery must be submitted via CMS Workbench with a proposed order.
The filed motion and proposed order must be submitted via CMS Workbench for the Court's consideration.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw (absent substitution) must be set for a UMC hearing with notice to all parties including the client.
Unless a new lawyer is substituting, the Motion to Withdraw must be set for a hearing with notice to all parties including the client on the UMC docket via CMS.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
All parties using CMS must certify consultation with all other parties in obtaining hearing time per Local Rule 10A.
ALL parties utilizing the Court Management System (CMS) shall certify that they have consulted with all other parties in obtaining the hearing time in the Notice of Hearing pursuant to Local Rule 10A which governs the Uniform Motion Calendar, Special Set Hearings and Ex Parte Motions to Compel Discovery.
- Applies to
- Agreed order
Agreed orders must be submitted through CMS with certification that the order is agreed, including the hearing date and motion type; the Court may reject any agreed order and disfavors agreed orders continuing trial or special set hearings.
All AGREED ORDERS must be submitted through CMS. The sender MUST certify the submitted order is in fact an agreed order, and must contain the date of the hearing and type of motion. The Court reserves the right to reject any Agreed Order and may set the matter for a hearing.
- Applies to
- Motion for summary judgment
The moving party must file a statement of material facts as a separate filing at the time of filing a motion for summary judgment.
The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.
- Applies to
- Hearing on attorney fees
No hearing on the amount of fees/costs may be held until all counsel file a certification that all fee/cost discovery is complete.
The hearing to determine the amount of fees/costs to award shall not take place until all counsel file a certification with the Court that all discovery in connection with all fee/cost issues, has been completed.
- Applies to
- Proposed order on motion to withdraw
- Must include
- proposed order
When a motion to withdraw is granted, the withdrawing attorney must upload a proposed order containing the required paragraph directing future correspondence to the former client's name, address, phone number, and email.
If the motion is GRANTED, the attorney withdrawing must upload a Proposed Order and the Proposed Order must include a paragraph that says: ALL FUTURE CORRESPONDENCE FOR [PARTY] SHALL BE MAILED TO: [NAME, ADDRESS, PHONE NUMBER AND E-MAIL ADDRESS OF FORMER CLIENT]. IT IS VERY IMPORTANT TO OBTAIN AN EMAIL ADDRESS OF FORMER CLIENT
- Applies to
- Motion to withdraw
A motion to withdraw must include the client's signature and consent.
The client’s signature and consent is required in the motion.
- Applies to
- Judgment on liquidated damages
- Must include
- certificate of service
Judgments on liquidated damages require proof of service, evidence of the debt, the complaint, and notice of hearing, and orders uploaded to CMS must include the motion in supporting documents.
For judgments on liquidated damages, the Court requires proof of service, evidence of the debt, the complaint, and notice of hearing for entry of judgment. Orders uploaded to CMS for signature shall include the Motion in supporting documents.
- Applies to
- Trial exhibits
When trial exhibits exceed 50 pages, counsel must meet and confer pre-trial on non-disputed exhibits, provide them to the Court with identifying cover pages, and provide undisputed exhibits to the clerk on a flash drive on the first day of trial with designated exhibit numbers.
In cases where exhibits will exceed (50) pages, the Court requires counsel for both sides to meet and confer prior to trial and go over non-disputed exhibits. All non-disputed exhibits shall be provided to the Court with cover pages identifying each exhibit. All undisputed exhibits shall be provided to the clerk of court on the first day of trial on a flash drive with each exhibit marked with a designated number for identifying purposes.
- Applies to
- Agreed order
Agreed orders must be submitted through CMS with certification that the order is agreed, including the hearing date and motion type; the Court may reject any agreed order and disfavors agreed orders continuing trial or special set hearings.
All AGREED ORDERS must be submitted through CMS. The sender MUST certify the submitted order is in fact an agreed order, and must contain the date of the hearing and type of motion. The Court reserves the right to reject any Agreed Order and may set the matter for a hearing.
- Applies to
- Motion for summary judgment
The moving party must file a statement of material facts as a separate filing at the time of filing a motion for summary judgment.
The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.
- Applies to
- Hearing on attorney fees
No hearing on the amount of fees/costs may be held until all counsel file a certification that all fee/cost discovery is complete.
The hearing to determine the amount of fees/costs to award shall not take place until all counsel file a certification with the Court that all discovery in connection with all fee/cost issues, has been completed.
- Applies to
- Proposed order on motion to withdraw
- Must include
- proposed order
When a motion to withdraw is granted, the withdrawing attorney must upload a proposed order containing the required paragraph directing future correspondence to the former client's name, address, phone number, and email.
If the motion is GRANTED, the attorney withdrawing must upload a Proposed Order and the Proposed Order must include a paragraph that says: ALL FUTURE CORRESPONDENCE FOR [PARTY] SHALL BE MAILED TO: [NAME, ADDRESS, PHONE NUMBER AND E-MAIL ADDRESS OF FORMER CLIENT]. IT IS VERY IMPORTANT TO OBTAIN AN EMAIL ADDRESS OF FORMER CLIENT
- Applies to
- Motion to withdraw
A motion to withdraw must include the client's signature and consent.
The client’s signature and consent is required in the motion.
- Applies to
- Judgment on liquidated damages
- Must include
- certificate of service
Judgments on liquidated damages require proof of service, evidence of the debt, the complaint, and notice of hearing, and orders uploaded to CMS must include the motion in supporting documents.
For judgments on liquidated damages, the Court requires proof of service, evidence of the debt, the complaint, and notice of hearing for entry of judgment. Orders uploaded to CMS for signature shall include the Motion in supporting documents.
- Applies to
- Trial exhibits
When trial exhibits exceed 50 pages, counsel must meet and confer pre-trial on non-disputed exhibits, provide them to the Court with identifying cover pages, and provide undisputed exhibits to the clerk on a flash drive on the first day of trial with designated exhibit numbers.
In cases where exhibits will exceed (50) pages, the Court requires counsel for both sides to meet and confer prior to trial and go over non-disputed exhibits. All non-disputed exhibits shall be provided to the Court with cover pages identifying each exhibit. All undisputed exhibits shall be provided to the clerk of court on the first day of trial on a flash drive with each exhibit marked with a designated number for identifying purposes.
- Applies to
- Proposed order
The body of a proposed order must state the date the hearing was held.
The body of the order shall state the date the hearing was held.
- Applies to
- Order of dismissal
Orders of dismissal for settled cases must be titled 'FINAL ORDER OF DISMISSAL AND CLOSING FILE' and submitted with the Fla.R.Civ.P. 1.998 form.
For settled cases, the order of dismissal title must include the following language: "FINAL ORDER OF DISMISSAL AND CLOSING FILE" and be submitted with the form in Fla.R.Civ.P. 1.998.
- Applies to
- Emergency pleading
- Must include
- proposed order
Emergency pleadings must be accompanied by a cover letter to the Court and a proposed order.
Any pleading asserting the existence of an emergency shall be submitted by electronic mail to the Judicial Assistant (Div14@17th.flcourts.org), accompanied by a cover letter to the Court and a proposed order.
- Applies to
- Emergency motion
- Must include
- local rule certificate
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 both qualifies under the above definitions and is brought in good faith.
- Applies to
- Motion
All motions must include a concise statement of the relief requested, the basis for the request, and citation to supporting legal authority.
All motions or applications for an order shall include a concise statement of the relief requested, a statement of the basis for the request, and citation to the legal authority in support thereof.
- Applies to
- Motion
- Must include
- certificate of conference
Before setting a motion on the motion calendar, the noticing party must attempt to resolve the issues by direct communication with all parties and certify a good-faith conferral effort (Local Rule 10-A).
Prior to appearing before the Court, the parties shall discuss the issues raised in the pending motion, and both parties shall be prepared to certify they have made a good faith effort to resolve the issue or issues without intervention of the Court. Please note that pursuant to Local Rule 10-A, which the Court incorporates herein: "prior to setting any matter on . . . motion calendar, the party or parties noticing the motion shall attempt to resolve the matter by direct communication with all parties, and shall also certify a good faith attempt to resolve or narrow the issues contained in the motion. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging."
- Applies to
- Motion to compel
- Must include
- proposed order
Motions to compel alleging complete failure to respond may proceed ex parte with a submitted proposed order (compliance within 10 days); motions challenging defective responses always require a noticed hearing.
When a motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. Movant shall submit a proposed order. However, a motion alleging merely inaccurate, incomplete, untimely, stale or otherwise defective responses to a demand for disclosure, always require a hearing with notice to the non-moving party.
- Applies to
- Proposed order granting withdrawal
The proposed order granting withdrawal must include the client's name, physical and mailing addresses, email address, and phone number in its body (and may be submitted in advance if counsel appears telephonically).
In the body of the proposed order granting withdrawal, the client's name, physical and mailing addresses, email address, and phone number must be included. If counsel is appearing telephonically, an order may be submitted in advance.
- Applies to
- Motion for summary judgment
Summary judgment motions must identify each claim or defense at issue and be accompanied by a separately filed statement of material facts.
A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought. The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing. Fla.R.Civ.P. 1.510(a).
- Applies to
- Proposed order
The submitting party must certify that all parties agree the proposed order accurately states the Court's ruling and requires no further hearing before entry.
Any party submitting a proposed order shall provide an advance copy to the opposing party to confirm whether an objection to the proposed language exists; the submitting party must then certify that all parties agree to the language as an accurate statement of the Court's ruling and that the order does not otherwise require any further hearing prior to entry under either Florida law or the Rule of Procedure.
- Applies to
- Proposed order
The body of a proposed order must state the date the hearing was held.
The body of the order shall state the date the hearing was held.
- Applies to
- Order of dismissal
Orders of dismissal for settled cases must be titled 'FINAL ORDER OF DISMISSAL AND CLOSING FILE' and submitted with the Fla.R.Civ.P. 1.998 form.
For settled cases, the order of dismissal title must include the following language: "FINAL ORDER OF DISMISSAL AND CLOSING FILE" and be submitted with the form in Fla.R.Civ.P. 1.998.
- Applies to
- Emergency pleading
- Must include
- proposed order
Emergency pleadings must be accompanied by a cover letter to the Court and a proposed order.
Any pleading asserting the existence of an emergency shall be submitted by electronic mail to the Judicial Assistant (Div14@17th.flcourts.org), accompanied by a cover letter to the Court and a proposed order.
- Applies to
- Emergency motion
- Must include
- local rule certificate
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 both qualifies under the above definitions and is brought in good faith.
- Applies to
- Motion
All motions must include a concise statement of the relief requested, the basis for the request, and citation to supporting legal authority.
All motions or applications for an order shall include a concise statement of the relief requested, a statement of the basis for the request, and citation to the legal authority in support thereof.
- Applies to
- Motion
- Must include
- certificate of conference
Before setting a motion on the motion calendar, the noticing party must attempt to resolve the issues by direct communication with all parties and certify a good-faith conferral effort (Local Rule 10-A).
Prior to appearing before the Court, the parties shall discuss the issues raised in the pending motion, and both parties shall be prepared to certify they have made a good faith effort to resolve the issue or issues without intervention of the Court. Please note that pursuant to Local Rule 10-A, which the Court incorporates herein: "prior to setting any matter on . . . motion calendar, the party or parties noticing the motion shall attempt to resolve the matter by direct communication with all parties, and shall also certify a good faith attempt to resolve or narrow the issues contained in the motion. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging."
- Applies to
- Motion to compel
- Must include
- proposed order
Motions to compel alleging complete failure to respond may proceed ex parte with a submitted proposed order (compliance within 10 days); motions challenging defective responses always require a noticed hearing.
When a motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order. Movant shall submit a proposed order. However, a motion alleging merely inaccurate, incomplete, untimely, stale or otherwise defective responses to a demand for disclosure, always require a hearing with notice to the non-moving party.
- Applies to
- Proposed order granting withdrawal
The proposed order granting withdrawal must include the client's name, physical and mailing addresses, email address, and phone number in its body (and may be submitted in advance if counsel appears telephonically).
In the body of the proposed order granting withdrawal, the client's name, physical and mailing addresses, email address, and phone number must be included. If counsel is appearing telephonically, an order may be submitted in advance.
- Applies to
- Motion for summary judgment
Summary judgment motions must identify each claim or defense at issue and be accompanied by a separately filed statement of material facts.
A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought. The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing. Fla.R.Civ.P. 1.510(a).
- Applies to
- Proposed order
The submitting party must certify that all parties agree the proposed order accurately states the Court's ruling and requires no further hearing before entry.
Any party submitting a proposed order shall provide an advance copy to the opposing party to confirm whether an objection to the proposed language exists; the submitting party must then certify that all parties agree to the language as an accurate statement of the Court's ruling and that the order does not otherwise require any further hearing prior to entry under either Florida law or the Rule of Procedure.
- Applies to
- Request for emergency relief
Emergency matters must comply with AO 2021-51-CO, including submission of a 'Request for Emergency Relief'; a bare email stating an emergency is insufficient.
Please do not simply email the Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, “Circuit and County Civil and Probate Emergency Matters,” including the submission of a “Request for Emergency Relief.”
- Applies to
- Request to invoke rules
- Must include
- proposed order
Requests to invoke the rules in small claims cases must use the required uniform order form submitted via the e-order system; non-compliant proposed orders will not be entered.
Judge DeLuca requires a uniform order for this purpose submitted via the e-order system. Proposed orders submitted not in compliance will not be entered.
- Applies to
- Request for substitution of counsel
Substitution of counsel requires the client's written consent and a certification by new counsel that they have reviewed the docket and spoken with all counsel of record.
The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
- Applies to
- Motion for assistance scheduling deposition
Depositions may not be unilaterally set; a motion for court assistance must detail with specificity the failed efforts to agree on a date, time, and location, and is set on the Uniform Motion Calendar.
DEPOSITIONS MAY NOT BE UNILATERALLY SET. If cooperation cannot be had, the party desiring to set a deposition should file a motion seeking assistance from the Court which lays out with specificity the efforts taken which still have failed to achieve an agreed date, time and location for the deposition. Any Motion to seek assistance of the Court for the scheduling of a deposition shall be set on Uniform Motion Calendar and may be set unilaterally.
- Applies to
- Notice of hearing
A Notice of Hearing for a remote hearing must include the designated paragraphs, including the ZOOM link, meeting ID, and instructions for arranging in-person appearance.
When scheduling a remote hearing, you must include the below paragraphs including the ZOOM link in your Notice of Hearing.
- Applies to
- Notice of unilaterally set hearing
The two documented coordination attempts must be noted on the face of the Notice of Unilaterally Set Hearing.
The two (2) attempts shall be noted on the face of the Notice of Unilaterally Set Hearing.
- Applies to
- Exhibit list
For ZOOM evidentiary hearings, each party must file an Exhibit List with a cover page briefly describing each exhibit and attached copies of all exhibits.
An Exhibit List, containing a cover page with a brief description of each exhibit intended to be introduced at trial, with attached copies of all exhibits must be filed with the Clerk of Court by each party (with a copy served on the opposing party) no later than five (5) days prior to the evidentiary hearing/Trial date.
- Applies to
- Proposed order motion to compel
For a Motion to Compel alleging complete failure to respond to discovery, the movant may submit a proposed e-order through CMS that must use the attached form order without adding any additional language.
The movant may submit a proposed e-order through CMS. The form of the order that must be used is attached to these procedures. Do not add any additional language to this form order (i.e. waiver of privilege, etc.).
- Applies to
- Motion to withdraw as attorney of record
A Motion to Withdraw as Attorney of Record must include the client's contact information, including address and email address (if any), within the text of the motion.
When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.
- Applies to
- Proposed order motion to withdraw
A proposed order on withdrawal by consent must contain the specified language for individual parties and the specified warning language for corporate entities.
Your proposed order must contain the below language: For individuals: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____." IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A "PRO-SE" LITIGANT. For corporate entities: "IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS."
- Applies to
- Stipulation or motion to substitute counsel
Stipulations or Motions to Substitute Counsel must be signed by both the former attorney and the new attorney taking over the case.
Stipulations for Substitution of Counsel or Motions to Substitute Counsel shall be signed by both the former attorney and the new attorney taking the case over.
- Applies to
- Motion to withdraw as attorney of record
A Motion to Withdraw as Attorney of Record must include the client's contact information, including address and email address (if any), within the text of the motion.
When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.
- Applies to
- Proposed order motion to withdraw
A proposed order on withdrawal by consent must contain the specified language for individual parties and the specified warning language for corporate entities.
Your proposed order must contain the below language: For individuals: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____." IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A "PRO-SE" LITIGANT. For corporate entities: "IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS."
- Applies to
- Stipulation or motion to substitute counsel
Stipulations or Motions to Substitute Counsel must be signed by both the former attorney and the new attorney taking over the case.
Stipulations for Substitution of Counsel or Motions to Substitute Counsel shall be signed by both the former attorney and the new attorney taking the case over.
- Applies to
- Notice of hearing
The attorney who sets a hearing must file a Notice of Hearing; without one the Court may not hear the matter unless the opposing party waives the notice requirement.
Once a date has been set, the attorney setting the hearing MUST file a Notice of hearing. Without a Notice of Hearing the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to Withdraw must include a certificate of service to the Defendant, and the Court will not hear the motion if the Defendant is absent and proper notice was not provided.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must also include the same. The Court will not hear any Motion to Withdraw where the Defendant is not present and no proper notice has been provided.
- Applies to
- Notice of hearing
- Must include
- certificate of service
The Notice of Hearing on a Motion to Withdraw must also include a certificate of service to the Defendant.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must also include the same.
- Applies to
- Order
Orders submitted on agreed motions must contain the language "Agreed Order" in the heading.
Orders submitted to said motions must contain the language, "Agreed Order," in the heading.
- Applies to
- Notice of hearing
The attorney who sets a hearing must file a Notice of Hearing; without one the Court may not hear the matter unless the opposing party waives the notice requirement.
Once a date has been set, the attorney setting the hearing MUST file a Notice of hearing. Without a Notice of Hearing the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to Withdraw must include a certificate of service to the Defendant, and the Court will not hear the motion if the Defendant is absent and proper notice was not provided.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must also include the same. The Court will not hear any Motion to Withdraw where the Defendant is not present and no proper notice has been provided.
- Applies to
- Notice of hearing
- Must include
- certificate of service
The Notice of Hearing on a Motion to Withdraw must also include a certificate of service to the Defendant.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must also include the same.
- Applies to
- Order
Orders submitted on agreed motions must contain the language "Agreed Order" in the heading.
Orders submitted to said motions must contain the language, "Agreed Order," in the heading.
- Applies to
- Zoom hearing request
Zoom hearing requests must be accompanied by a Motion for Zoom and the underlying motion, both of which must be sent in advance to opposing counsel.
All requests for zoom must be accompanied by a Motion for Zoom, with the corresponding underlying motion. The request for zoom hearing and underlying motion shall be sent in advance to the opposing counsel.
- Applies to
- Motion to continue
- Must include
- certificate of conference
Counsel must confer with opposing counsel before filing a Motion to Continue and state the results of the conferral on the Motion.
Counsel is required to confer with opposing counsel prior to filing a Motion to Continue and must state on the Motion the results of the conferral.
- Applies to
- Notice of hearing
Notices of hearing must state the hearing date, time, and length of time set aside; hearings will not be set without a Notice of Hearing from the parties.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be set without a Notice of Hearing from the parties.
- Applies to
- Motion for depositions
Deposition motions must identify each witness to be deposed and the good cause for each deposition.
The motion must identify the witness to be deposed and the good cause for each witness to be deposed.
- Applies to
- Motion for depositions
- Must include
- certificate of conference
Counsel must confer with opposing counsel before filing a Motion for Depositions and state the conferral results on the Motion.
Counsel is required to confer with opposing counsel prior to filing a Motion for Depositions and must state on the Motion the results of the conferral.
- Applies to
- Stipulation of substitution of counsel
- Must include
- proposed order
An executed Stipulation of Substitution of Counsel must be e-filed, and a copy with a Proposed Order emailed to the Judicial Assistant.
An executed Stipulation of Counsel must be e-filed. A copy of the e-filed Stipulation and a Proposed Order should be emailed to the Judicial Assistant.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw and notices of hearing must include a certificate of service to the defendant showing the defendant's full address and manner of delivery; the Court will not hear the motion without proper notice.
All Motions to Withdraw and Notice of Hearing must include: 1. Certificate of service to the Defendant; 2. Include the full address of where Notice is being sent to Defendant; 3. Manner of delivery (Email address, Physical address and U.S. Mail, FedEx, UPS, etc. and/or Hand Delivery). The Court will not hear any Motion to Withdraw without proper notice.
- Applies to
- Unopposed motion
- Must include
- certificate of conference
Unopposed motions must contain a certification at the end stating that the movant conferred with the opposing party and whether the parties agree on resolution.
Unopposed Motions: Must contain a certification at the end of the Motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) State whether the parties agree on the resolution of all or part of the Motion.
- Applies to
- Unopposed motion
Unopposed motions must include the language 'Unopposed Motion' in the motion's title.
** UNOPPOSED Motions must contain the language "Unopposed Motion" in the title of the Motion.
- Applies to
- Motion to continue
- Must include
- proposed order
A Proposed Order must accompany the emailed copy of a continuance motion sent to the Judicial Assistant.
A Proposed Order must accompany the emailed copy sent to the Judicial Assistant.
- Applies to
- Waiver of appearance
Defendants must appear in person at all calendar call hearings unless a properly executed Waiver of Appearance is timely filed with the Clerk's Office.
Defendants are required to appear in-person for any and all Calendar Call Hearings unless a properly executed Waiver Of Appearance is timely filed with the Clerk's Office.
- Applies to
- Notice of hearing
All hearing notices and orders must contain the prescribed ADA accommodation notice language, including the ADA Coordinator's contact information and the 7-day advance request instruction.
American with Disabilities Act (A.D.A.). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, For Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711.
- Applies to
- Change of plea documents
Defendants must upload a fully executed and notarized plea form, and an acceptable fingerprint card for adjudications, before the Zoom change-of-plea hearing.
Defendant must upload a fully executed and notarized plea form. Additionally, Defendant must submit an acceptable fingerprint card when the plea is an adjudication. These must be uploaded prior to the Zoom hearing on the change of plea.
- Applies to
- Notice of hearing
All notices of hearing must contain the ADA notification required by Rule 2.540.
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
- Applies to
- Email to judicial office
- Must include
- case number
E-mails to the judicial office must have a subject line containing the case number, case name, and relevant matter.
The subject line must contain the case number, case name, and relevant matter
- Applies to
- Notice of hearing
Notices of hearing involving any remote appearance must list the Judge's Zoom information.
A notice of hearing involving any remote appearance must list the Judges Zoom information.
- Applies to
- Notice of hearing
After three good-faith attempts to coordinate availability fail, a party may unilaterally set a hearing, and the notice of hearing must be designated 'Unilaterally Set' with the supporting correspondence attached.
It is mandatory that all parties consult with one another regarding their availability. However, if after three (3) reasonable good faith attempts were unsuccessful, a party may unilaterally set a hearing. Once the hearing has been set the Notice of Hearing must indicate that it is a Unilaterally Set hearing and please attach the correspondence supporting the attempts to coordinate the hearing.
- Applies to
- Proposed order
Proposed orders must include a cover letter that either certifies all parties agree or identifies any party disagreement as to the order.
All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.
- Applies to
- Emergency motion
Emergency motions must set forth the issues to be resolved, the reasons an emergency hearing is necessary, and the amount of time needed for each party's presentation.
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
- Applies to
- Notice of hearing
All motion calendar and special set hearings are held on Zoom, and every notice of hearing must include Judge Eves's Zoom link.
All motion calendar and special set hearings are on Zoom unless otherwise specified by the Court. Please make sure to include Judge Eves’s zoom link on all notice of hearings.
- Applies to
- Notice of hearing
All notices of hearing must contain the ADA notification required by Rule 2.540.
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
- Applies to
- Email to judicial office
- Must include
- case number
E-mails to the judicial office must have a subject line containing the case number, case name, and relevant matter.
The subject line must contain the case number, case name, and relevant matter
- Applies to
- Notice of hearing
Notices of hearing involving any remote appearance must list the Judge's Zoom information.
A notice of hearing involving any remote appearance must list the Judges Zoom information.
- Applies to
- Notice of hearing
After three good-faith attempts to coordinate availability fail, a party may unilaterally set a hearing, and the notice of hearing must be designated 'Unilaterally Set' with the supporting correspondence attached.
It is mandatory that all parties consult with one another regarding their availability. However, if after three (3) reasonable good faith attempts were unsuccessful, a party may unilaterally set a hearing. Once the hearing has been set the Notice of Hearing must indicate that it is a Unilaterally Set hearing and please attach the correspondence supporting the attempts to coordinate the hearing.
- Applies to
- Proposed order
Proposed orders must include a cover letter that either certifies all parties agree or identifies any party disagreement as to the order.
All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.
- Applies to
- Emergency motion
Emergency motions must set forth the issues to be resolved, the reasons an emergency hearing is necessary, and the amount of time needed for each party's presentation.
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
- Applies to
- Notice of hearing
All motion calendar and special set hearings are held on Zoom, and every notice of hearing must include Judge Eves's Zoom link.
All motion calendar and special set hearings are on Zoom unless otherwise specified by the Court. Please make sure to include Judge Eves’s zoom link on all notice of hearings.
- Applies to
- Motion for continuance
Continuance motions must state whether speedy trial is or has been waived.
All motions shall state whether speedy trial is or has been waived.
- Applies to
- Motion
- Must include
- proposed order
Motions submitted for the Judge to see or act upon must be accompanied by a proposed order.
If you file a motion that the Judge needs to see or act upon, you must provide a copy with a proposed order to the email provided above and to the opposing party.
- Applies to
- Agreed motion
- Must include
- caption
Agreed motions must be titled 'AGREED ORDER' together with the title of the motion.
All Motions that are agreed shall be titled "AGREED ORDER" and the title of the motion.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw and their notices of hearing must include a certificate of service to the defendant with the defendant's full address and manner of delivery, or the court will not hear the motion.
All Motions to Withdraw and Notice of Hearing must include: 1. Certificate of service to the Defendant; 2. Include the full address of where Notice is being sent to Defendant; 3. Manner of delivery (Email address, Physical Address and U.S. Mail, FedEx , UPS, etc. and/or Hand Delivery). The Court will not hear any Motion to Withdraw without proper notice.
- Applies to
- Notice of hearing
All hearing and conference notices and orders must contain the prescribed ADA accommodation notice language.
All matters noticed or ordered for a hearing or conference before a judge or quasi-judicial officer or court administration program shall contain, in boldface, 14- point Times New Roman or Courier font, the following: American with Disabilities Act (A.D.A). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification. If the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711.
- Applies to
- Motion for continuance
Continuance motions must state whether speedy trial is or has been waived.
All motions shall state whether speedy trial is or has been waived.
- Applies to
- Motion
- Must include
- proposed order
Motions submitted for the Judge to see or act upon must be accompanied by a proposed order.
If you file a motion that the Judge needs to see or act upon, you must provide a copy with a proposed order to the email provided above and to the opposing party.
- Applies to
- Agreed motion
- Must include
- caption
Agreed motions must be titled 'AGREED ORDER' together with the title of the motion.
All Motions that are agreed shall be titled "AGREED ORDER" and the title of the motion.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to withdraw and their notices of hearing must include a certificate of service to the defendant with the defendant's full address and manner of delivery, or the court will not hear the motion.
All Motions to Withdraw and Notice of Hearing must include: 1. Certificate of service to the Defendant; 2. Include the full address of where Notice is being sent to Defendant; 3. Manner of delivery (Email address, Physical Address and U.S. Mail, FedEx , UPS, etc. and/or Hand Delivery). The Court will not hear any Motion to Withdraw without proper notice.
- Applies to
- Notice of hearing
All hearing and conference notices and orders must contain the prescribed ADA accommodation notice language.
All matters noticed or ordered for a hearing or conference before a judge or quasi-judicial officer or court administration program shall contain, in boldface, 14- point Times New Roman or Courier font, the following: American with Disabilities Act (A.D.A). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification. If the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711.
- Applies to
- Hearing request email
- Must include
- case number
Each hearing request must be a new email that includes the court case number, the defendant's full name, the title of the motion or request, and the requested amount of hearing time.
Please send a new email to the Judicial Assistant for every hearing request. In the subject line or body of your email, please include your court case number and the defendant's full name and the title of the motion or request, along with the requested amount of time you will need for your hearing.
- Applies to
- Notice of hearing
A notice of hearing for a CMS self-scheduled hearing must certify that the party consulted with all relevant parties before scheduling and noticing the hearing.
Parties using CMS self-scheduling MUST certify in their notice of hearing that they have consulted with all relevant parties before scheduling and noticing the hearing.
- Applies to
- Courtesy copy email
- Must include
- case number
Emailed requests must include the title of the motion, the case number and defendant's name, and the amount of hearing time requested; case law copies may be emailed or hand-delivered to the reception desk on floor 4880.
Please include the following in your emailed request: Title of the motion The case number and defendant's name The amount of time being requested for the hearing Copies of case law may be emailed to the division or hard copies delivered to the reception desk on floor 4880
- Applies to
- Speedy trial waiver
A speedy trial waiver must be made on the record with the defendant present, or in writing signed by the defendant under sworn affidavit and notarized, then filed with the Broward County Clerk of Courts.
A Defendant's waiver of a speedy trial must be made on the record with the Defendant present, or in writing signed by the Defendant under sworn affidavit, and notarized, then filed with the Broward County Clerk of Courts.
- Applies to
- Filing containing ai generated content
- Must include
- ai disclosure
Any filing containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, and failure to do so is grounds for sanctions.
If any attorney or pro se party submits any filing or submission containing AI-generated content to the court, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also include a certification that they have personally reviewed and verified the content's accuracy. Failing to include this certification or to comply with these verification requirements will be grounds for sanctions, as permitted by law.
- Applies to
- Proposed order
Submitting an order through a CMS portal constitutes an affirmation that the matter is uncontested, all interested parties were served notice, and no objection has been received.
The submission of an order to either the CMS proposed order portal or agreed order portal shall be considered an affirmation that the matter is uncontested, that all interested parties have been served notice of the petition/motion to be ruled upon, and that no notification has been received that any interested party objects to the entry of the proposed/agreed order.
- Applies to
- Proposed order
The petition/motion and all required supporting documents with e-filing reference numbers must be uploaded as 'other attachments' to the proposed/agreed order submission, or the order may be rejected.
(d) The uncontested petition and/or motion and all required supporting documents with efiling reference numbers on the face of the document, shall be uploaded as supporting documents as "other attachments" to the submission of the proposed/agreed order. Failure to upload all necessary supporting documents may result in a proposed/agreed order being rejected.
- Applies to
- Petition for appointment of guardian
Guardian appointment petitions cannot be submitted for review until the proposed guardian's credit and criminal investigation is completed, approved, and on the docket; if not approved or if contested, the matter must be set for hearing.
Appointment of Guardian(s): A Petition for Appointment of Guardian shall not be submitted to the Court for review unless the proposed guardian's credit and criminal investigation is completed, approved, and appears on the docket. If the proposed guardian's credit and criminal investigation is not approved, or if the Petition for Appointment of Guardian is contested, that matter shall be set for hearing.
- Applies to
- Notice of hearing
All parties must file a Notice of Hearing for any hearing set before the Court.
All parties are required to file a Notice of Hearing for any hearing set before the Court, and notice all parties. The automated notification is not sufficient.
- Applies to
- Notice of readiness for trial
Parties seeking to set an adversarial matter for final hearing or trial must file a Notice of Readiness for Trial.
The parties seeking to set the matter for Final Hearing/Trial must file a Notice of Readiness for Trial.
- Applies to
- Emergency motion
Emergency motions must be styled as 'Emergency,' contain a detailed summary of the emergency circumstances, be verified, and include a good-faith certification by counsel or the filing party.
If an emergency matter arises, any party may request an emergency hearing be set forthwith to address the emergency. The motion shall be styled as an "Emergency" and the body of the motion shall be comprised of a detailed summary of the circumstances constituting the emergency. The emergency motion shall be verified and include a certification by counsel or any party filing such motion that the motion is an "emergency" and that counsel or any party is acting in good faith in seeking such relief.
- Applies to
- Hearing request email
- Must include
- case number
Hearing request emails must include the court case number and the names of all parties in the subject line.
In your requesting email to the Judicial Assistant, you MUST include our court case number (not your office case number) and the names of all parties in the subject “re” line.
- Applies to
- Notice of hearing
If opposing counsel does not respond within two full business days of a good-faith coordination attempt, the hearing may be set unilaterally, provided the Notice of Hearing states 'Set Unilaterally Pursuant To Judge Gilman's Procedures'.
NON-RESPONSIVE ATTORNEYS: If you have tried in good faith to coordinate a hearing, and have not received a response from opposing counsel within two full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing, “Set Unilaterally Pursuant To Judge Gilman’s Procedures”
- Applies to
- Notice of hearing
Parties using online self-scheduling must certify in the Notice of Hearing that they consulted all other parties in obtaining the hearing time.
Parties using self-scheduling MUST certify they consulted with all other parties in obtaining the hearing time in the notice of hearing.
- Applies to
- Notice of hearing
Notices of Hearing for approved Zoom appearances must include the Zoom link and instructions, and all parties, witnesses, and attorneys must appear by video link because audio-only appearance is insufficient unless approved in advance by the Judge.
All Notices of Hearing for approved Zoom appearance MUST include the following instructions: ZOOM HEARING LINK FOR VIDEO CONFERENCE Join Judge Gilman’s Zoom Meeting at https://17thflcourts.zoom.us/j/990901272 This link will allow attorneys and litigants to attend hearings by video-conference at no cost to the participant. Once you have logged in, you will be placed in a virtual waiting room until the Court calls your case up for hearing. PLEASE NOTE THAT ALL PARTIES, WITNESSES AND ATTORNEYS MUST APPEAR BY VIDEO LINK. APPEARANCE BY AUDIO OR TELEPHONE ALONE WILL NOT BE SUFFICIENT UNLESS APPROVED IN ADVANCE BY THE JUDGE.
- Applies to
- Proposed order
Written proposed orders submitted directly to chambers must include copies to conform and return stamped envelopes for all parties.
Written Proposed Orders must be submitted directly to Chambers with copies to conform and return stamped envelopes for all parties.
- Applies to
- Agreed order
Agreed orders must be titled as agreed orders and include body language stating the order was submitted pursuant to the parties' agreement.
Agreed Orders must be titled as such and must include language in the body of the Order indicating the Order has been submitted pursuant to agreement of the parties.
- Applies to
- Order invoking rules
Requests to invoke the Rules of Civil Procedure in small claims cases must use the Court's uniform order form submitted via the e-order system, and non-compliant proposed orders will not be entered.
Judge Gilman requires a uniform order for this purpose submitted via the e-order system. Proposed orders submitted not in compliance will not be entered.
- Applies to
- Notice of hearing
A hearing may be set unilaterally only after 3 unanswered good-faith attempts to coordinate with opposing counsel, the Notice of Hearing must state 'Set Unilaterally Pursuant to Judge Gilman's Divisional Instructions', and counsel must present proof of the attempts at the hearing.
If a hearing is unilaterally set without any effort to coordinate a date and time with opposing counsel, that matter will not be heard by the Court. However, if a party has made a good faith attempt to schedule a hearing with opposing counsel and counsel has failed to respond after 3 attempts via email and/or phone, then the party may schedule the hearing unilaterally. Any hearings scheduled unilaterally pursuant to these instructions must include a note on the Notice of Hearing stating “Set Unilaterally Pursuant to Judge Gilman’s Divisional Instructions”. Further, counsel attending any hearing unilaterally set pursuant to these instructions will be expected to present proof of attempts to coordinate with opposing counsel at the hearing.
- Applies to
- Motion to compel discovery
When Local Rule 11 is triggered, parties must use the attached standard form for motions to compel discovery without adding any additional language.
MOTIONS TO COMPEL DISCOVERY: If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language (e.g., waiver of privilege, etc.).
- Applies to
- Substitution of counsel
Substitution of counsel will not be granted unless the client's written consent is obtained and new counsel certifies that they reviewed the docket and spoke with all counsel of record.
REQUESTS FOR SUBSTITUTION OF COUNSEL: The Court will not grant a substitution of counsel unless client’s written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
- Applies to
- Stipulation for substitution of counsel
Stipulations for substitution of counsel must be signed by the former attorney, the new attorney, and the client.
Stipulations for substitution of counsel shall be signed by both the former attorney and the new attorney taking over the case, as well as the client.
- Applies to
- Motion for continuance
- Must include
- proposed order
Motions for continuance must be filed with a proposed order, sufficient copies to conform, and self-addressed stamped envelopes.
MOTIONS FOR CONTINUANCE: These must be filed with a motion, proposed order, sufficient copies to conform, and self-addressed, stamped envelopes.
- Applies to
- Motion to withdraw as counsel
- Must include
- proposed order
A Motion to Withdraw as Counsel must include the client's contact information within the text of the motion and any proposed order.
When filing a Motion to Withdraw as Counsel of Record, you are required to include the client’s contact information, including address and email address, if any, within the text of the Motion and any proposed order on same.
- Applies to
- Hearing request email
- Must include
- case number
Hearing request emails must include the court case number and the names of all parties in the subject line.
In your requesting email to the Judicial Assistant, you MUST include our court case number (not your office case number) and the names of all parties in the subject “re” line.
- Applies to
- Notice of hearing
If opposing counsel does not respond within two full business days of a good-faith coordination attempt, the hearing may be set unilaterally, provided the Notice of Hearing states 'Set Unilaterally Pursuant To Judge Gilman's Procedures'.
NON-RESPONSIVE ATTORNEYS: If you have tried in good faith to coordinate a hearing, and have not received a response from opposing counsel within two full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing, “Set Unilaterally Pursuant To Judge Gilman’s Procedures”
- Applies to
- Notice of hearing
Parties using online self-scheduling must certify in the Notice of Hearing that they consulted all other parties in obtaining the hearing time.
Parties using self-scheduling MUST certify they consulted with all other parties in obtaining the hearing time in the notice of hearing.
- Applies to
- Notice of hearing
Notices of Hearing for approved Zoom appearances must include the Zoom link and instructions, and all parties, witnesses, and attorneys must appear by video link because audio-only appearance is insufficient unless approved in advance by the Judge.
All Notices of Hearing for approved Zoom appearance MUST include the following instructions: ZOOM HEARING LINK FOR VIDEO CONFERENCE Join Judge Gilman’s Zoom Meeting at https://17thflcourts.zoom.us/j/990901272 This link will allow attorneys and litigants to attend hearings by video-conference at no cost to the participant. Once you have logged in, you will be placed in a virtual waiting room until the Court calls your case up for hearing. PLEASE NOTE THAT ALL PARTIES, WITNESSES AND ATTORNEYS MUST APPEAR BY VIDEO LINK. APPEARANCE BY AUDIO OR TELEPHONE ALONE WILL NOT BE SUFFICIENT UNLESS APPROVED IN ADVANCE BY THE JUDGE.
- Applies to
- Proposed order
Written proposed orders submitted directly to chambers must include copies to conform and return stamped envelopes for all parties.
Written Proposed Orders must be submitted directly to Chambers with copies to conform and return stamped envelopes for all parties.
- Applies to
- Agreed order
Agreed orders must be titled as agreed orders and include body language stating the order was submitted pursuant to the parties' agreement.
Agreed Orders must be titled as such and must include language in the body of the Order indicating the Order has been submitted pursuant to agreement of the parties.
- Applies to
- Order invoking rules
Requests to invoke the Rules of Civil Procedure in small claims cases must use the Court's uniform order form submitted via the e-order system, and non-compliant proposed orders will not be entered.
Judge Gilman requires a uniform order for this purpose submitted via the e-order system. Proposed orders submitted not in compliance will not be entered.
- Applies to
- Notice of hearing
A hearing may be set unilaterally only after 3 unanswered good-faith attempts to coordinate with opposing counsel, the Notice of Hearing must state 'Set Unilaterally Pursuant to Judge Gilman's Divisional Instructions', and counsel must present proof of the attempts at the hearing.
If a hearing is unilaterally set without any effort to coordinate a date and time with opposing counsel, that matter will not be heard by the Court. However, if a party has made a good faith attempt to schedule a hearing with opposing counsel and counsel has failed to respond after 3 attempts via email and/or phone, then the party may schedule the hearing unilaterally. Any hearings scheduled unilaterally pursuant to these instructions must include a note on the Notice of Hearing stating “Set Unilaterally Pursuant to Judge Gilman’s Divisional Instructions”. Further, counsel attending any hearing unilaterally set pursuant to these instructions will be expected to present proof of attempts to coordinate with opposing counsel at the hearing.
- Applies to
- Motion to compel discovery
When Local Rule 11 is triggered, parties must use the attached standard form for motions to compel discovery without adding any additional language.
MOTIONS TO COMPEL DISCOVERY: If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language (e.g., waiver of privilege, etc.).
- Applies to
- Substitution of counsel
Substitution of counsel will not be granted unless the client's written consent is obtained and new counsel certifies that they reviewed the docket and spoke with all counsel of record.
REQUESTS FOR SUBSTITUTION OF COUNSEL: The Court will not grant a substitution of counsel unless client’s written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
- Applies to
- Stipulation for substitution of counsel
Stipulations for substitution of counsel must be signed by the former attorney, the new attorney, and the client.
Stipulations for substitution of counsel shall be signed by both the former attorney and the new attorney taking over the case, as well as the client.
- Applies to
- Motion for continuance
- Must include
- proposed order
Motions for continuance must be filed with a proposed order, sufficient copies to conform, and self-addressed stamped envelopes.
MOTIONS FOR CONTINUANCE: These must be filed with a motion, proposed order, sufficient copies to conform, and self-addressed, stamped envelopes.
- Applies to
- Motion to withdraw as counsel
- Must include
- proposed order
A Motion to Withdraw as Counsel must include the client's contact information within the text of the motion and any proposed order.
When filing a Motion to Withdraw as Counsel of Record, you are required to include the client’s contact information, including address and email address, if any, within the text of the Motion and any proposed order on same.
- Applies to
- Notice of hearing
The Notice of Hearing must state the hearing date, time, and length of time set aside, and hearings will not be set without a Notice of Hearing from the parties.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.
- Applies to
- Unopposed motion
- Must include
- certificate of conference
Unopposed motions must contain a certification at the end stating that the movant conferred with the opposing party and whether the parties agree on resolution of all or part of the motion.
Must contain a certification at the end of the Motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) State whether the parties agree on the resolution of all or part of the Motion.
- Applies to
- Unopposed motion
Unopposed motions must include the language 'Unopposed Motion' in the title of the motion.
** UNOPPOSED Motions must contain the language "Unopposed Motion" in the title of the Motion.
- Applies to
- Agreed order
Agreed orders submitted with agreed motions must contain the language 'Agreed Order' in the heading.
Submitted with Agreed Motions must contain the language "Agreed Order" in the heading and should be submitted with supporting documentation to the Court's CMS workbench or via email to divmq@17th.flcourts.org in PDF format.
- Applies to
- Motion for continuance
- Must include
- proposed order
A motion for continuance must be submitted to the Court with an attached order.
Must be submitted to the Court with an attached Order on or before the Wednesday prior to the Calendar Call.
- Applies to
- Notice of hearing
The Notice of Hearing must state the hearing date, time, and length of time set aside, and hearings will not be set without a Notice of Hearing from the parties.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.
- Applies to
- Unopposed motion
- Must include
- certificate of conference
Unopposed motions must contain a certification at the end stating that the movant conferred with the opposing party and whether the parties agree on resolution of all or part of the motion.
Must contain a certification at the end of the Motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) State whether the parties agree on the resolution of all or part of the Motion.
- Applies to
- Unopposed motion
Unopposed motions must include the language 'Unopposed Motion' in the title of the motion.
** UNOPPOSED Motions must contain the language "Unopposed Motion" in the title of the Motion.
- Applies to
- Agreed order
Agreed orders submitted with agreed motions must contain the language 'Agreed Order' in the heading.
Submitted with Agreed Motions must contain the language "Agreed Order" in the heading and should be submitted with supporting documentation to the Court's CMS workbench or via email to divmq@17th.flcourts.org in PDF format.
- Applies to
- Motion for continuance
- Must include
- proposed order
A motion for continuance must be submitted to the Court with an attached order.
Must be submitted to the Court with an attached Order on or before the Wednesday prior to the Calendar Call.
- Applies to
- Motion for continuance
- Must include
- proposed order
A motion for continuance must be submitted with an attached proposed order.
Motions for Continuance must be submitted to the Court with an attached order on or before the Thursday PRIOR to Calendar Call.
- Applies to
- Notice of hearing
The notice of hearing must state the hearing date, time, and the length of time set aside.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.
- Applies to
- Notice of hearing
Hearings will not be set unless the parties provide a notice of hearing and a copy of the motion.
Hearings WILL NOT be set without a Notice of Hearing from the parties and a copy of the MOTION.
- Applies to
- Motion
Every motion filed in Division FC must clearly state the charges against the Defendant.
All motions must clearly state the charges against the Defendant.
- Applies to
- Cms user agreement
Self-represented litigants must submit a notarized user agreement with a copy of their driver's license to div07@17th.flcourts.org to obtain CMS access.
You must submit your user agreement, which must be notarized, with a copy of the Driver's License to div07@17th.flcourts.org.
- Applies to
- Motion to withdraw
- Must include
- certificate of service
Motions to Withdraw, and their notices of hearing, must include a certificate of service to the Defendant.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same.
- Applies to
- Agreed motion
- Must include
- caption
Agreed motions must be titled 'Agreed Motion' and contain a statement of the agreement, and need not be set for hearing unless the Court requires it.
Agreed Motions must contain a statement indicating the agreement. Agreed motions do not need to be scheduled for hearing unless the Court deems it necessary. Agreed Motions must contain the language, "Agreed Motion" in the title.
- Applies to
- Agreed order
- Must include
- caption
Agreed orders submitted with agreed motions must contain the words 'Agreed Order' in the heading.
Agreed Orders: submitted with Agreed Motions must contain the language "Agreed Order" in the heading.
- Applies to
- Notice of hearing
The notice of hearing for a negotiated plea must list all requested case names and numbers in the header section.
All case names and numbers requesting a Negotiated Plea must be listed on the Notice Hearing in the header section.
- Applies to
- Notice of hearing
The notice of hearing must list ALL plea terms for each case with nothing left open for interpretation.
ALL terms must be listed on the Notice of Hearing for EACH case. There shall be nothing left open for interpretation.
- Applies to
- Notice of hearing
The notice of hearing for a global plea must list all requested case names and numbers in the header section.
All case names and numbers requesting a Global Plea must be listed on the Notice Hearing in the header section.
- Applies to
- Notice of cancellation
- Must include
- certificate of service
Cancelling a motion hearing requires filing a Notice of Cancellation with proper notice to all interested parties.
If the motion is to be canceled, then a Notice of Cancellation of the hearing must be filed with proper notice to all interested parties.
- Applies to
- Hard copy order
Hard copy orders submitted to the Judge must be accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties.
Any and all Orders submitted to the Judge in hard copy must be accompanied by the motion, copies to be conformed, and stamped-addressed envelopes for all parties.
- Applies to
- Notice for trial
A Notice for Trial must be filed with the Clerk and a copy, with stamped self-addressed envelopes for all parties, mailed or delivered to the Judge's Judicial Assistant.
When filing a "Notice for Trial", you MUST file the original with the Clerk of Court and mail or deliver a copy of the "Notice for Trial" along with stamped self-addressed envelopes for all parties to the Judge's Judicial Assistant.
- Applies to
- Motion to invoke rules and waive appearance
Filing a motion to invoke the rules and waive appearance does not excuse appearance at the pretrial conference unless the order has actually been entered, and the order should be provided directly to the Court, not the Clerk.
Please note that submission of a motion to invoke the rules and waive appearance does NOT excuse appearance at the Pretrial Conference unless the Court has actually entered the order. TO AVOID DELAY, PLEASE PROVIDE THE ORDER, DIRECTLY TO THE COURT NOT THE CLERK.
Requests to invoke the rules and waive appearance in small claims cases require the judge's uniform order form; non-compliant proposed orders will not be entered.
Judge Kanner requires a uniform order for that purpose. Proposed orders submitted which are not in compliance will not be entered. The required form is attached to these instructions.
- Applies to
- Emergency hearing request
To obtain an emergency hearing, the moving party must give the Judge's Office the motion, supporting documentation, and a cover letter stating the time requested; the Judicial Assistant cannot schedule emergency hearings without the Judge's approval.
The Judge's Judicial Assistant is not permitted to schedule any emergency hearings without approval by the Judge. In order to obtain a hearing time for an "Emergency Hearing", you must provide the Judge's Office with a copy of the motion and other supporting documentation, along with a cover letter advising how much time is requested for the hearing – taking into account the amount of time that may be required by all potential parties.
- Applies to
- Motion to withdraw as attorney
A motion to withdraw as attorney must have the client's signed consent attached; otherwise it must be set on the motion calendar with certification that the motion and notice of hearing were provided to the client at the last known address.
Motion must have the client's signed consent attached. Otherwise, you must set the motion on the motion calendar, certify that a copy of the motion and notice of hearing was provided to your client at the last known address.
- Applies to
- Order on attorney withdrawal
All attorney withdrawal orders must include the name and address of the former client for service of further pleadings.
All Orders on withdrawal must have the name and address of your former client for service of further pleadings. Florida Rule of Judicial Administration 2.505(f).
- Applies to
- Proposed order
Where there is no substitution of counsel, all proposed orders must include the required paragraph directing that future pleadings for the withdrawn individual party be served on the former client, who may then appear pro se.
IF THERE IS NOT A SUBSTITUTION OF COUNSEL , ALL PROPOSED ORDERS MUST INCLUDE A PARAGRAPH THAT STATES: FOR INDIVIDUALS: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____." IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A "PRO-SE".
- Applies to
- Proposed order
Proposed orders without substitution of counsel for a corporate party must include the warning that the corporation must retain new counsel within 20 days or risk default or striking of pleadings.
FOR CORPORATIONS, LLC'S, ETC. "IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS."
- Applies to
- Stipulation of substitution of counsel
Stipulations of substitution of counsel must be executed by both the former and new attorney and comply with Fla. R. Jud. Admin. 2.505(e)(2).
Stipulations shall be executed by both the former attorney and the new Attorney and must be compliant with Florida Rule of Judicial Administration 2.505(e)(2).
- Applies to
- Physical evidence
Physical evidence must be presented as hard copies or on a USB drive at the hearing; displaying devices or emailing/uploading materials does not constitute entry of evidence.
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.
- Applies to
- Financial affidavit
Each party in cases involving child support, alimony, or equitable distribution must file a financial affidavit.
Each party involved in a family law case where child support, alimony, or equitable distribution is at issue must file a financial affidavit. This includes cases involving dissolution of marriage, paternity, or support.
- Applies to
- Certificate of conferral
- Must include
- certificate of conference
A certificate of conferral with specified language is required before setting a hearing on any properly filed motion; in Division 37 conferral means oral communication (in-person, video, or telephone), not just e-mail.
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)]."
- Applies to
- Notice of hearing
- Must include
- certificate of conference
No hearing will be set without a certificate of conferral.
NO HEARINGS WILL BE SET WITHOUT A CERTIFICATE OF CONFERRAL.
- Applies to
- Notice of hearing
A hearing may be set unilaterally if no response is received within two full business days or after three good-faith attempts, and the Notice of Hearing must state 'Set Unilaterally Pursuant to Judge Kanner's Procedures.'
If, after making a good-faith effort to confer regarding a mutually agreeable hearing date and time, you do not receive a response from opposing counsel or the self-represented party within two (2) full business days of your communication, or you have made at least three (3) good-faith attempts to coordinate the hearing without successfully obtaining a mutually agreeable date and time, you may set the hearing unilaterally. The Notice of Hearing must state: "Set Unilaterally Pursuant to Judge Kanner's Procedures."
- Applies to
- Notice of hearing
Notices of hearing must state the date, time, and location (including Zoom instructions for Zoom hearings) and be filed with the Clerk.
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.
- Applies to
- Motion for remote appearance
Remote appearances require a properly filed motion set on UMC in advance; parties may not stipulate among themselves to appear via Zoom.
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.
- Applies to
- Emergency motion
Emergency motions must include a certification by counsel or the pro se party that the motion meets the emergency definitions and is brought in good faith.
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.
- Applies to
- Notice of readiness for trial
The Notice of Readiness for Trial must include estimated trial length, witness and expert counts, remaining disputed issues, and confirmation that affidavits and mandatory disclosure certificates are filed.
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.
- Applies to
- Proposed order
Proposed orders must include all applicable statutory factors and the Court's specific findings or they may be rejected.
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.
- Applies to
- Agreed proposed order
Agreed proposed orders must include verification of the opposing party's review and agreement (in the body or as a supporting document) or they will be rejected.
All AGREED proposed orders must include a verification that the proposed agreed order has been reviewed by the opposing counsel/party and the opposing counsel/party agrees with the proposed order or the proposed order shall be rejected. The verification may be in the body of the proposed order or attached through the CMS portal under SUPPORTING DOCUMENTS (e.g., cover letter, e-mail, other correspondence indicating agreement). Failure to include such verification will result in a rejection of the proposed agreed order.
- Applies to
- Proposed order
Proposed orders must contain hearing date(s), motion title(s), motion filing date, other pertinent dates, clearly identified exhibits, and filed transcripts for any referenced depositions/hearings, or they may be rejected.
ALL proposed orders must contain the hearing date(s), the title of the motion(s) heard, the date such motion was filed, and any other pertinent date. Each exhibit referenced must be clearly identified for the Court. If a deposition, hearing, or trial transcript is referenced, a complete copy of the transcript must be filed in the Court record. Failure to include such information may result in this Court rejecting the proposed order.
- Applies to
- Notice of hearing
Notices of hearing for UMC (except Thursdays), CMCs, and calendar calls must include the Zoom conference information.
UMC (EXCEPT THURSDAYS), CMCs, AND CALENDAR CALLS ARE CONDUCTED VIA ZOOM CONFERENCE. PLEASE ENSURE NOTICES OF HEARINGS INCLUDE THE ZOOM INFORMATION.
- Applies to
- Hearing request email
- Must include
- case number
Hearing requests must be emailed to the Judicial Assistant with the opposing party copied, the e-filed motion attached, estimated hearing time and witness information, and the case number and defendant name in the subject line.
Kindly send an email request via the division email with the opposing party copied and a copy of the e-filed motion to be heard to the Judicial Assistant, for a hearing, please also note the length of time needed for each side, (depending on the hearing) if witnesses will be involved and how many on each side. In the email request to the Judge's Office, kindly include the case number and the name of the defendant in the subject line.
- Applies to
- Agreed order
- Must include
- proposed order
Agreed orders on motions not requiring a hearing are submitted by email to the Judicial Assistant with the opposing side copied and the motion and proposed agreed order attached.
For motions that do not require a hearing eg: Motions that are agreed upon by both parties. These Orders are submitted via email to the Judicial Assistant with the opposing side being copied and a copy of the motion and proposed agreed order attached.
- Applies to
- Any filing
- Must include
- ai disclosure
Documents prepared with AI assistance must identify the specific AI tool used.
When AI has been used or assisted in the use of preparation, researching, drafting pleadings, drafting documents, filing documents, and/or discovery requests, the document shall identify the specific tool used in such manner.
- Applies to
- Any filing
- Must include
- ai disclosure
Filings containing AI-generated content must include a certification of personal review and disclose AI use on the face of the document.
Any attorney or pro se litigant submitting such a filing must include certification that they have personally reviewed and verified the content’s accuracy, specifically regarding factual statements, legal arguments, and case citations. All filings or submissions containing AI-generated content must must disclose the use of AI on the face of the document, pleading, and/or filing
- Applies to
- Any filing
- Must include
- ai disclosure
Required verbatim AI certification language for filings containing AI-generated content.
The undersigned hereby certifies that generative artificial was used to prepare this [TITLE OF DOCUMENT BEING FILED]. The specific generative artificial intelligence tool(s) used include [name of generative AI program(s)]. The undersigned has independently verified the accuracy of every citation to the law and/or record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts and legal analysis.
- Applies to
- Motion for remote appearance
- Must include
- proposed order
Remote appearance requires the movant to e-file a written motion before the hearing and secure an order permitting remote appearance.
Phone and /or Video Conference appearance may be permitted; however, the movant must e-file a written motion prior to the hearing and secure an order via the e-order service or directly to chambers permitting remote appearance.
- Applies to
- Hearing documentation
- Must include
- certificate of service
Pro se parties' hearing documentation must include a certification that a copy was provided to the opposing party.
Pro Se / Non Represented Parties must email or mail a copy of all Documentation that is to be presented to the court for the Hearing to the Judicial Assistant at least five (5) business days prior to the scheduled hearing date and must include a certification that a copy was provided to the opposing party.
- Applies to
- Proposed order
An order may only be submitted through the online order system if both parties have approved its form.
A party may not submit an order through the online order system unless the form of the order has been approved by both parties.
- Applies to
- Emergency motion
Emergency motions must comply with Administrative Order 2021-51-CO, including submission of a Request for Emergency Relief; a bare email claiming emergency is insufficient.
Please do not simply email the Court stating that you have an emergency. You must comply with the requirements of Administrative Order 2021-51-CO, Circuit and County Civil and Probate Emergency Matters, “including the submission of a “ Request for Emergency Relief.”
- Applies to
- Motion for continuance
- Must include
- proposed order
A Motion for Continuance must be filed and a proposed order uploaded.
A Motion must be filed. A proposed order must be uploaded.
- Applies to
- Request to invoke rules of small claims
- Must include
- proposed order
Requests to invoke the small claims rules require the required uniform order form submitted via the e-order system or the order will not be entered.
Judge Peffer requires a uniform order for this purpose submitted via the e-order system. Proposed orders submitted not in compliance will not be entered. The required form is attached to these instructions.
- Applies to
- Motion to compel discovery local rule 11
When Local Rule 11 is triggered, parties must use the standard form without additional language, and this division does not hear those motions.
If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language (e.g., waiver of privilege, etc.) This division does not hear these motions.
- Applies to
- Motion for substitution of counsel
Substitution of counsel requires the client's written consent and a certification by new counsel that they reviewed the docket and spoke with all counsel of record.
The Court will not grant a substitution of counsel unless client's written consent is obtained, and new counsel certifies, “I have reviewed the Court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case.” See Rule 2.505(e)(2)
- Applies to
- Motion to withdraw as attorney
- Must include
- certificate of service
A Motion to Withdraw must include the client's contact information in the motion text and in the certificate of service for both the motion and the notice of hearing.
When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and e-mail address if any, within the text of the Motion. You are also required to serve on your client a copy of the Motion to Withdraw and a Notice of Hearing. You must include your client's name and contact information in the certificate of service for both the Motion to Withdraw and the Notice of Hearing.
- Applies to
- Proposed order motion to withdraw
The proposed order on a motion to withdraw must include the client's contact information and 30-day notice to retain new counsel or be deemed pro se.
Your proposed order must include your client's contact information and indicate that your client has 30 days to retain new counsel and have counsel file a notice of appearance or your client shall be deemed to be proceeding pro-se unless the party must be represented per the rules of civil procedure.
- Applies to
- Notice of hearing
After three unsuccessful good-faith attempts to coordinate, a party may unilaterally set a hearing, and the notice must be marked as unilaterally set with supporting correspondence attached.
It is mandatory that all parties consult with one another regarding their availability. However, if after three (3) reasonable good faith attempts were unsuccessful, a party may unilaterally set a hearing. Once the hearing has been set the Notice of Hearing must indicate that it is a Unilaterally Set hearing and please attach the correspondence supporting the attempts to coordinate the hearing.
- Applies to
- Any filed paper
- Must include
- ai disclosure
Any filing prepared with AI must include a clear factual disclosure of AI use and a certification that all citations to the law or record were verified as accurate.
If any attorney for a party or a pro se party has used Artificial Intelligence (AI) in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, assigned to Judge Peffer, MUST in a clear and plain factual statement, disclose that AI has been used in any way in the filing, and CERTIFY that each and every citation to the law or the record in the paper, has been verified as accurate, the order stated.
- Applies to
- Notice of hearing
- Must include
- local rule certificate, certificate of conference
Every party setting a motion for UMC hearing must execute a Local Rule 10(A) certification of good-faith resolution attempt and 5-minute suitability.
To comply with the Local Rule 10(A), every party setting a motion for hearing shall execute the following certification: I hereby certify that, 1. I have made a good faith attempt to resolve this matter prior to my noticing this motion for hearing, and 2. The issues before the Court may be heard and resolved by the court within five (5) minutes.
- Applies to
- Motion for summary judgment
A motion for summary judgment must be accompanied by a separately filed statement of material facts.
The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.
- Applies to
- Default judgment
- Must include
- certificate of service
Judgments on liquidated damages require proof of service, evidence of the debt, the complaint, and notice of hearing; CMS orders must include the motion in supporting documents.
For judgments on liquidated damages, the Court requires proof of service, evidence of the debt, the complaint, and notice of hearing for entry of judgment. Orders uploaded to CMS for signature shall include the Motion in supporting documents.
- Applies to
- Proposed order
- Must include
- proposed order
Granted motions to withdraw require a Proposed Order containing the specified future-correspondence paragraph with the former client's contact information.
If the motion is GRANTED, the attorney withdrawing must upload a Proposed Order and the Proposed Order must include a paragraph that says: ALL FUTURE CORRESPONDENCE FOR [PARTY] SHALL BE MAILED TO: [NAME, ADDRESS, PHONE NUMBER AND E-MAIL ADDRESS OF FORMER CLIENT]. IT IS VERY IMPORTANT TO OBTAIN AN EMAIL ADDRESS OF FORMER CLIENT
- Applies to
- Motion to withdraw
Withdrawal orders for entity clients must state counsel must appear within 20 days or default may be entered; the motion to withdraw requires the client's signature and consent.
If the client is not an individual, please include a statement that the entity must be represented by counsel who must file an appearance within 20 days from the date of this order or a default may be entered. The client's signature and consent is required in the motion.
- Applies to
- Default final judgment
- Must include
- certificate of service
Electronic submissions for default final judgment must attach all supporting documents: motion, default, and proof of service (a clerk's default is insufficient).
When sending electronically to the Court, make sure all supporting documents are attached, i.e., motion, default and proof of service. (A clerk's default is insufficient).
- Applies to
- Default judgment
- Must include
- certificate of service
Judgments on liquidated damages require submission of proof of service, affidavit evidence of the debt, the complaint, and final judgment; a clerk's default is insufficient.
If you are seeking liquidated damages and do not believe an evidentiary hearing is necessary and for judgments on liquidated damages, the Court requires: (a.) Submission of Proof of Service, evidence of the debt with Affidavit, the Complaint and Final Judgment. (A clerk's default is insufficient)
- Applies to
- Notice of hearing
Notices of hearing must state the hearing will be via Zoom, remove the courthouse address and courtroom number, and include the Zoom link, meeting ID, and phone numbers.
Be sure to mention in the notice that the hearing will be held via ZOOM Video Conference due to the COVID-19 situation, please remove the Courthouse address and Courtroom number and please provide the "Join ZOOM Meeting" link, the meeting ID, and phone numbers, including the "how to find your local phone number" link if the individual cannot appear through ZOOM video.
- Applies to
- Agreed order
- Must include
- local rule certificate
Agreed order submissions must certify agreement by selecting a specific category.
The sender MUST certify the submitted order is agreed by selecting a specific category.
- Applies to
- Agreed order
Orders after hearing must reflect the court's ruling, be agreed to by all parties, and contain the hearing date and motion type.
Orders After Hearing. The order must reflect the court's ruling at a previous hearing and the language is agreed to by all parties. The order must contain the date of hearing and type of motion.
- Applies to
- Proposed order
Non-agreed proposed orders must be submitted through CMS with a cover sheet stating the parties do not agree.
All PROPOSED ORDERS must be submitted through CMS with a cover sheet stating the parties DO NOT AGREE.
- Applies to
- Courtesy copy pleading
- Must include
- certificate of service
Courtesy pleadings provided to the Court must include a certification that they were simultaneously provided to the opposing party.
You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party.
- Applies to
- Notice of hearing
- Must include
- certificate of conference
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).
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.
- Applies to
- Notice of hearing
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.
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.
- Applies to
- Emergency motion
Emergency motions must include a certification that the motion meets the emergency definitions 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.
- Applies to
- Mediation impasse report
No case may be set for trial until a mediation impasse report is 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.
- Applies to
- Notice of readiness for trial
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.
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.
- Applies to
- Proposed order appointing guardian
Proposed orders appointing guardians must include input from the Guardian ad Litem before submission.
Proposed Orders appointing guardians must include input from the Guardian ad Litem ("GAL") before submission, not just from the parties and their counsel.
- Applies to
- Proposed order
All proposed orders must contain the hearing date (if held), the motion title, and the motion filing date.
ALL proposed orders must contain the hearing date (if held), the title of the motion, and the date the motion was filed.
- Applies to
- Agreed order
Agreed proposed orders must include verification of opposing party review and agreement or they will be rejected.
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.
- Applies to
- Proposed order
All proposed orders must contain the hearing date(s), motion title(s), motion filing date, and any other pertinent dates.
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.
- Applies to
- Proposed order
Referenced deposition, hearing, or trial transcripts must be filed in full 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.
- Applies to
- Proposed order
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.
- Applies to
- Proposed final judgment
Final Judgments must be submitted through CMS with the Driver's License attached under SUPPORTING DOCUMENTS.
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.
- Applies to
- Proposed final judgment
Proposed final judgments must include all relevant statutory factors and the Court's specific findings or risk rejection.
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.
- Applies to
- Proposed final judgment
Proposed final judgments must include the date of the final hearing or they will be rejected.
The proposed final judgment must include the date of the final hearing or it will be rejected.
- Applies to
- Mediation order request
Requests for Court Mediation orders must include the Standard Mediation Order plus both parties' financial affidavits via the CMS portal.
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.
- Applies to
- Agreed order substitution of counsel
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.
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.
- Applies to
- Agreed order withdrawal of counsel
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.
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.
- Applies to
- Rucd submission
Dissolution-by-affidavit (RUCD) requests require a specified set of documents submitted through the CMS portal under SUPPORTING DOCUMENTS before the request.
Prior to requesting dissolution by affidavit the following documents must be submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS.
- Applies to
- Proposed final judgment dissolution by affidavit
The RUCD proposed 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.
- Applies to
- Supplemental affidavit rucd
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.
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.
- Applies to
- Notice of hearing
All notices of hearing must include the Division 41 Zoom link and Meeting ID.
This link and conference meeting number will work for all Division 41 hearings/trials. This information must be included in all notices of hearing.
- Applies to
- Courtesy copy pleading
- Must include
- certificate of service
Courtesy copies provided to the Court must be accompanied by a certification that the pleading was simultaneously provided to the opposing party.
You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party.
- Applies to
- Financial affidavit
Parties in family cases involving child support, alimony, or equitable distribution must file a financial affidavit (short form under $50,000/year income; long form over $50,000/year).
Anyone involved in a family law case where child support, alimony, or equitable distribution is at issue must file a financial affidavit. This includes cases involving dissolution of marriage, paternity, or support.
- Applies to
- Notice of hearing
Notices of hearing must state the date, time, and hearing location instructions and be filed with the Clerk of Courts.
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.
- Applies to
- Notice of hearing
Notices of hearing for Zoom hearings must include the Zoom instructions.
If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing.
- Applies to
- Emergency motion
Emergency motions must include a certification that the motion meets an emergency definition 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.
- Applies to
- Uccjea affidavit
A UCCJEA affidavit must be filed and a copy provided to the divisional judge with emergency motions.
A UCCJEA affidavit shall be filed and a copy of the affidavit shall be provided to the divisional judge.
- Applies to
- Notice of hearing
UMC notices of hearing must contain the prescribed good-faith conferral certification in the body of the notice.
To comply with the above good faith certification, every party scheduling a motion for a uniform motion calendar hearing shall execute the following certification in the body of the notice of hearing: I hereby certify that A) the movant has conferred or attempted to confer with all parties or self-represented parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion; and B) the issues in the motion may be heard and resolved by the court within five (5) minutes.
- Applies to
- Special set hearing request
Special set hearing requests must be emailed to the Judicial Assistant after the motion is filed and accepted, and must include the stamped motion, time requested, time-sensitivity, good-faith conferral evidence, and whether the hearing is evidentiary.
After a Motion has been filed AND accepted by the Clerk's Office, please email your hearing request to the Judicial Assistant at Div44@17th.flcourts.org with the following information: A copy of the filed Motion to be special set (the motion must be stamped version showing when it was filed); The amount of time requested for the hearing; Whether the Motion is time-sensitive or entitled to statutory preference; Evidence of the parties' good faith attempt to resolve the matter. (The date of your communication with the opposing attorney or self- represented party, the manner of your communication, and the names of the individuals who participated in the communication); and An indication whether or not it will be an evidentiary hearing.
- Applies to
- Notice of hearing
Special set notices of hearing must contain the Local Rule 10A good-faith conferral certification in the body of the notice.
Per Local Rule 10A all special set hearings shall contain the following language in the body of the notice of hearing: I hereby certify that I have made a good faith attempt to resolve this matter by having direct communication about the matter with all parties, prior to my noticing this motion for hearing. Direct communication means by oral or written communication, including by telephone, in person, email, or text messaging.
- Applies to
- Financial affidavit
The parties' financial affidavits must be uploaded through the CMS portal under supporting documents for temporary relief hearings.
The parties' Financial Affidavits must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.
- Applies to
- Mediation impasse report
No case may proceed to trial until a mediation impasse report is filed with the Clerk's Office.
No case shall proceed to trial unless and until a mediation impasse report is filed with the Clerk's Office.
- Applies to
- Proposed order
Proposed orders must include the hearing date, the full name of the motion, and the motion's filing date or risk rejection.
All proposed orders should include the date of the hearing before this Court (and any other pertinent dates), the full name of the motion, and the date such motion was filed. Failure to include such information may result in this Court rejecting the proposed order.
- Applies to
- Agreed proposed order
Agreed proposed orders must include verification of the opposing party's review and agreement or they will be rejected.
All AGREED proposed orders must include a verification that the proposed agreed order has been reviewed by the opposing party and the opposing party agrees with the proposed order or the proposed order shall be rejected. The verification may be in the body of the proposed order or attached through the CMS portal under SUPPORTING DOCUMENTS. Failure to include such verification will result in a rejection of the proposed agreed order.
- Applies to
- Mediation referral order
Requests for Court Mediation orders must include the Standard Mediation Order plus both parties' financial affidavits uploaded via CMS supporting documents.
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.
- Applies to
- Substitution of counsel order
Substitution of counsel orders must name the incoming counsel, the party, and the withdrawing counsel, and the stipulation of counsel must be uploaded via CMS supporting documents.
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.
- Applies to
- Withdrawal of counsel order
Withdrawal orders must include the client's name and current contact information and advise the client of the right to retain new counsel or proceed pro se and the duty to keep contact information updated.
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.
- Applies to
- Withdrawal of counsel order
The client's verification of written consent to withdrawal must be uploaded through the CMS portal under supporting documents.
The client's verification of consent must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.
- Applies to
- Rucd request
Before requesting a dissolution by affidavit (RUCD), a specified list of documents must be submitted through the CMS portal under supporting documents.
Prior to requesting dissolution by affidavit, the following documents must be submitted to the Court through the CMS portal under SUPPORTING DOCUMENTS.
- Applies to
- Proposed final judgment
The RUCD proposed 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.
- Applies to
- Supplemental sworn affidavit rucd
The RUCD supplemental affidavit must be signed and notarized; failure to follow the procedures may cause rejection and a required 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.
- Applies to
- Filing
- Must include
- ai disclosure
Filings containing AI-generated content must disclose the AI use on the face of the document and include a certification of personal review and verification of accuracy, or face sanctions.
If any attorney or pro se party submits to the court any filing or submission containing AI-generated content, that attorney or pro se party must disclose the use of artificial intelligence on the face of the document and also must include a certification that the attorney or pro se party has personally reviewed and verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions, as permitted by law.
- Applies to
- Notice of hearing
Notices of hearing for Zoom hearings must include the Court's Zoom instructions (Exhibit A).
If your hearing is by Zoom, please include the zoom instructions in your Notice of Hearing. Zoom instructions are attached as Exhibit A.
- Applies to
- Proposed order granting withdrawal
The proposed order granting withdrawal must include the client's address, email address, and phone number in its body.
In the body of the proposed order granting withdrawal please include the client's address, email address and phone number.
- Applies to
- Opposing statement of material facts
The responding party may file an opposing statement of material facts; failure to respond may result in the movant's facts being deemed undisputed.
The responding party may file an opposing statement of material facts which responds to the moving party’s statement of material facts. Failure to respond may result in the court considering the moving party’s facts as undisputed.
- Applies to
- Motion for default final judgment
A hearing is required for default final judgment relief beyond well-pled liquidated damages, including attorney fees and other unliquidated damages.
If you are seeking any relief beyond well-pled liquidated damages a hearing is required, Minkoff v. Caterpillar Financial Services Corp., 103 So.3d 1049 (Fla. 4th DCA 2013). Attorney fees and other unliquidated damages will require a hearing.
- Applies to
- Calendar call form
Calendar call is conducted via the e-calendar system and parties must complete the emailed form instead of appearing via Zoom; non-compliance with the Uniform Trial Order's Joint Pretrial Stipulation requirements may result in an in-person status conference before trial.
*Until this division is assigned to someone, calendar call to be conducted via e-calendar system. Parties will need to complete the form when it is emailed to them instead of appearing for calendar call via ZOOM. If you have not complied with the Uniform Trial Order regarding the requirements of Joint Pretrial Stipulation you may be invited to an in person status conference prior to trial to discuss your non-compliance.
- Applies to
- Agreed order
Only actually agreed orders and judgments may be submitted as agreed, and the agreement must be referenced in the body of the document.
Only orders and judgments that are agreed to may be submitted as an agreed order or agreed judgment. Please reference the agreement in the body of the document.
- Applies to
- Notice of hearing
Notices of hearing for Zoom hearings must include the Zoom instructions.
If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing.
- Applies to
- Notice of hearing
If opposing counsel does not respond within two full business days, the hearing may be set unilaterally with the required notation on the Notice of Hearing.
If you have tried in good faith to coordinate a hearing and have not received a response from opposing counsel within two (2) full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing: “Set Unilaterally Pursuant to Judge Achille’s Procedures.”
- Applies to
- Notice of trial
The Notice of Trial must include the expected length of trial.
In the Notice, please include the expected length of trial.
- Applies to
- Final judgment
After the hearing, the Final Judgment must be submitted through CMS with the Driver's License attached.
Once the hearing is concluded, please submit the Final Judgment through CMS and include the Driver’s License as an attachment.
- Applies to
- Order approving stipulation
Orders approving stipulations must include the executed stipulation as an attached exhibit or incorporate the filed stipulation by reference with its docketing date.
Orders approving stipulations must be uploaded with the executed stipulation attached as an exhibit and referenced in the order, or the stipulation may be filed and the proposed order may incorporate the stipulation by reference with the date it was docketed by the Clerk of the Court.
- Applies to
- Exhibits
Documents offered into evidence must be pre-marked with the case number and include a space for the judge to admit them.
All documents should be pre-marked with the case number, and a space for the judge to admit the document into evidence.
- Applies to
- Notice of hearing
- Must include
- certificate of service
The notice of hearing must certify that the other party received notice via email.
The notice of hearing shall certify that the other party has received notice via email.
- Applies to
- Motion
- Must include
- certificate of conference
The movant must confer in good faith with the opposing party to attempt to resolve the motion and narrow the issues before the hearing.
The movant shall confer with the opposing party in a good faith effort to resolve the motion and narrow the issues to be addressed by the court.
- Applies to
- Notice of appearance
A notice of appearance alone is not sufficient to request a hearing where another attorney is already counsel of record; new counsel must verify the record and secure a stipulation for substitution.
A Notice of Appearance filed by new counsel is NOT sufficient to request a hearing if another attorney is already designated of record.
- Applies to
- Notice of hearing
- Must include
- certificate of service
The notice of hearing must certify that the other party received notice via email.
The notice of hearing shall certify that the other party has received notice via email.
- Applies to
- Motion
- Must include
- certificate of conference
The movant must confer in good faith with the opposing party to attempt to resolve the motion and narrow the issues before the hearing.
The movant shall confer with the opposing party in a good faith effort to resolve the motion and narrow the issues to be addressed by the court.
- Applies to
- Notice of appearance
A notice of appearance alone is not sufficient to request a hearing where another attorney is already counsel of record; new counsel must verify the record and secure a stipulation for substitution.
A Notice of Appearance filed by new counsel is NOT sufficient to request a hearing if another attorney is already designated of record.
- Applies to
- Exhibits
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).
- Applies to
- Proposed order
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.
- Applies to
- Proposed final judgment
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.
- Applies to
- 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.
- Applies to
- Order
- Must include
- proposed order
The party seeking relief must prepare orders that do not require findings of law or fact, while the Court prepares orders requiring factual findings or legal interpretations.
Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. The Court will prepare orders which require findings of fact or interpretations of the law.
- Applies to
- Notice setting hearing
A notice setting a Zoom hearing must include the Division 56 Zoom meeting link.
If you set a hearing via zoom, please use the following links for Division 56 and include the link in the Notice Setting Hearing:
- Applies to
- Agreed order
Agreed orders must be titled 'Agreed' and state in the body that the parties are in agreement.
If applicable, please make sure the Order is titled 'Agreed' and state that the parties are in agreement in the body of the Order.
- Applies to
- Notice of cancellation
When a matter is canceled, a Notice of Cancellation must be filed and the matter canceled on CMS (or chambers emailed if unable), and any court reporter and pro se parties must be informed.
If a matter is canceled for any reason, please file a Notice of Cancellation and cancel the matter on the Court Management System. If you are unable to cancel on CMS, please email us at div56@17th.flcourts.org and ask us to do so for you. Please copy the other side on all emails to us. Please let any court reporter know of the cancellation. Please make sure that pro se parties are informed regarding cancellations.
- Applies to
- Motion to compel discovery
Motions to compel discovery that trigger Local Rule 11 must use the court's standard form.
If Local Rule 11 is triggered, please use the standard form attached.
- Applies to
- Notice for trial
A Notice for Trial must indicate whether the case is set for a bench trial or a jury trial.
Please indicate bench trial or trial by jury.
- Applies to
- Notice of cancellation
A Notice of Cancellation must state the reason for the cancellation.
When you file a Notice of Cancellation, the judge wants the notice to state the reason for the cancellation.
- Applies to
- Proposed order on motion to withdraw
If the client is an entity, the proposed order on withdrawal must state that the entity must be represented by counsel who must file an appearance within 20 days or a default may be entered.
If the client is not an individual, please include a statement that the entity must be represented by counsel who must file an appearance within 20 days from the date of this order or a default may be entered.
- Applies to
- Notice of cancellation
A Notice of Cancellation must state the reason for the cancellation.
When you file a Notice of Cancellation, the judge wants the notice to state the reason for the cancellation.
- Applies to
- Proposed order on motion to withdraw
If the client is an entity, the proposed order on withdrawal must state that the entity must be represented by counsel who must file an appearance within 20 days or a default may be entered.
If the client is not an individual, please include a statement that the entity must be represented by counsel who must file an appearance within 20 days from the date of this order or a default may be entered.
- Applies to
- Proposed order granting withdrawal
If the client is not a natural person, the proposed withdrawal order must state that the entity must be represented by counsel, who must file an appearance within 20 days or a default may be entered.
If the client is not a natural person, please include a statement that the entity must be represented by counsel, who must file their appearance within twenty (20) days from the date of the order or a default may be entered.
- Applies to
- Motion for summary judgment
Summary judgment factual assertions must be supported by citing particular parts of record materials or by showing no genuine dispute exists.
Per Fla.R.Civ.P. 1.510(c)(1), a party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (a) citing to particular parts of materials in the record, including depositions, documents, ESI, affidavits, stipulations, admissions, interrogatory answers, or other materials; or (b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
- Applies to
- Proposed order granting withdrawal
If the client is not a natural person, the proposed withdrawal order must state that the entity must be represented by counsel, who must file an appearance within 20 days or a default may be entered.
If the client is not a natural person, please include a statement that the entity must be represented by counsel, who must file their appearance within twenty (20) days from the date of the order or a default may be entered.
- Applies to
- Motion for summary judgment
Summary judgment factual assertions must be supported by citing particular parts of record materials or by showing no genuine dispute exists.
Per Fla.R.Civ.P. 1.510(c)(1), a party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (a) citing to particular parts of materials in the record, including depositions, documents, ESI, affidavits, stipulations, admissions, interrogatory answers, or other materials; or (b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
- Applies to
- Motion to compel discovery
Motions to compel discovery under Local Rule 11 must use the standard attached form without any additional language.
MOTIONS TO COMPEL DISCOVERY: If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language (e.g., waiver of privilege, etc.).
- Applies to
- Notice of court proceeding
All communications noticing court proceedings or services must include the ADA accommodation notice language required by AO 2018-10-GEN and Fla. R. Jud. Admin. 2.540.
The Chief Judge of the Seventeenth Judicial Circuit, signed Administrative Order (AO) number 2018-10-GEN (Amendment 1) which requires that all communications noticing court proceedings or services in the Seventeenth Judicial Circuit include the following language pursuant to Florida Rule of Judicial Administration 2.540
- Applies to
- Agreed motion
Agreed motions must contain a motion indicating the parties' agreement, and they need not be scheduled for hearing unless the Court determines it necessary.
Agreed Motions must contain a motion indicating the agreement.
- Applies to
- Agreed motion
Agreed motions must contain a motion indicating the parties' agreement, and they need not be scheduled for hearing unless the Court determines it necessary.
Agreed Motions must contain a motion indicating the agreement.
- Applies to
- Defendants request form
Unrepresented parties must submit a Defendants Request Form at the Clerk of Court's Office for any request they want the Judge to consider.
The Court is not permitted to engage in any ex-parte communication. Unrepresented parties should fill out a Defendants Request Form at the Clerk of Court's Office, for any request they would like the Judge to consider.
- Applies to
- Notice of hearing
When the defendant is in custody, the party must advise the court when scheduling (by telephone or division email) and include that language in the notice of hearing.
If the defendant is in - custody, please advise when scheduling via telephone or to our division email and include language in notice of hearing.
- Applies to
- Notice of hearing
When the defendant is in custody, the party must advise the court when scheduling (by telephone or division email) and include that language in the notice of hearing.
If the defendant is in - custody, please advise when scheduling via telephone or to our division email and include language in notice of hearing.
- Applies to
- Written waiver of client presence
A written waiver complying with the rules must be filed with the clerk if an attorney waives a client's presence at a hearing.
If an attorney waives a client's presence for any hearing, a written waiver that complies with the rules should be filed with the clerk.
- Applies to
- Notice of cancellation
Parties must file a notice of cancellation if the matter is resolved before the properly noticed hearing date.
Parties should file a notice of cancellation if they have resolved the matter before the properly noticed hearing date.
- Applies to
- Hearing request email
Emails to the judges' office requesting a hearing must attach the petition/motion to be heard and state the requested hearing time.
Please attach the Petition/Motion to be heard and the requested time needed for the hearing when emailing the judges' office.
- Applies to
- Exhibits
Hard copies of evidence must be brought to in-person hearings, either previously marked or ready to be marked for evidence.
IN PERSON PROCEEDINGS: Hard Copies should be brought to the Hearing, either previously marked or in preparation to be marked for evidence.
- Applies to
- Proposed order
Sufficient copies of proposed orders must be submitted, and the prevailing party is responsible for supplying self-addressed stamped envelopes.
Please submit sufficient copies of your proposed Orders. The prevailing party is responsible for supplying self-addressed stamped envelopes.
- Applies to
- Proposed order
Sufficient copies of proposed orders must be submitted, and the prevailing party is responsible for supplying self-addressed stamped envelopes.
Please submit sufficient copies of your proposed Orders. The prevailing party is responsible for supplying self-addressed stamped envelopes.
- Applies to
- Speedy trial motion
For speedy trial requests set through CMS, the moving party must provide the Court with a copy of the filed motion and notice of hearing.
It is the responsibility of the moving party to provide the Court with a copy of the filed motion and NOH.
- Applies to
- Mandatory disclosure
Each party to a family law case must provide mandatory disclosure documentation to the other party under Rule 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.
- Applies to
- Exhibits
Trial and hearing exhibits must be pre-marked using letter format (e.g., Petitioner's Exhibit A).
Please pre-mark your trial/hearing exhibits using letter format (i.e., Petitioner's Exhibit A for identification XXX).
- Applies to
- Exhibits
Exhibits uploaded to CMS supporting documents must include a descriptive name.
Exhibits uploaded to CMS under SUPPORTING DOCUMENTS must include a descriptive name (i.e., Petitioner's Exhibit A: Affidavit of Boo Radley).
- Applies to
- Temporary custody petition
Temporary custody petitioners must prove Florida residency, all relevant parties must provide valid ID before a final hearing, and the moving party must file the child's birth certificate with the petition.
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.
- Applies to
- Proposed order appointing guardian ad litem
Proposed orders appointing Guardians Ad Litem must include the GAL'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.
- Applies to
- Order judgment
Orders and judgments from in-court hearings are presented to the Clerk immediately after the hearing.
Orders/Judgments for hearings held in Court are usually presented to the Clerk of Courts immediately after the hearing while in Court for the Judge to enter.
- Applies to
- Notice of hearing
All notices of hearing must include Judge Peffer's Zoom link.
Please make sure to include Judge Peffer's zoom link on all notice of hearings.
- Applies to
- Notice of hearing
All notices of hearing must include Judge Peffer's Zoom link.
Please make sure to include Judge Peffer's zoom link on all notice of hearings.
- Applies to
- Joint pretrial stipulation
Parties under a trial order must file the Joint Pretrial Stipulation before submitting readiness for trial.
If you are under a Trial order, please make sure the Joint Pretrial Stipulation is filed to the Courts before submitting readiness for Trial.
- Applies to
- Agreed order
- Must include
- proposed order
Upon agreement the parties must file an Agreed Order, and appearance is excused only if the Judge signs it before the hearing.
If you reach an agreement, please file the Agreed Order. If the Judge signs the Order prior to the hearing, you do not need to appear. However, if it is not signed you must attend.
- Applies to
- Proposed order
- Must include
- proposed order
If parties cannot agree on order wording, each party must email their own proposed order with a cover letter explaining the disagreements in PDF/Word format.
If the parties cannot agree on the wording of an order each party shall submit their own proposed order to the Judge via email with a cover letter explaining the areas of disagreement in PDF/Word format. The Judge will then select whichever order she feels most accurately reflects her ruling or draft a separate order if needed.
- Applies to
- Jury questionnaire
Jury questionnaires for prequalification must be titled only 'JURY QUESTIONNAIRE' without the case style or case number.
When prequalifying jurors please DO NOT WRITE THE CASE STYLE OR CASE NUMBER, just title it JURY QUESTIONNAIRE
- Applies to
- Order
Parties seeking relief must prepare orders that require no findings of law or fact, while the Court prepares orders requiring factual findings or legal interpretation.
Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact or interpretations of the law will be prepared by the Court.
- Applies to
- Notice of hearing
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.'
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."
- Applies to
- Notice of hearing
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.'
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."
- Applies to
- Notice of hearing
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.
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.
- Applies to
- Temporary relief hearing submissions
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.
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.
- Applies to
- Temporary custody hearing
Temporary custody petitioners must provide proof of Florida residency via valid Florida driver's license or corroborating witness affidavit.
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.
- Applies to
- Proposed order
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.
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.
- Applies to
- Proposed order
Each exhibit referenced in a proposed order must be clearly identified for the Court.
Each exhibit referenced must be clearly identified for the Court.
- Applies to
- Notice of hearing
If opposing counsel does not respond within two full business days, the movant may set the hearing unilaterally and must note 'Set Unilaterally Pursuant to Judge Wigand's Procedures' on the Notice of Hearing.
If you have tried in good faith to coordinate a hearing and have not received a response from opposing counsel within two (2) full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing: 'Set Unilaterally Pursuant to Judge Wigand's Procedures.'
- Applies to
- Temporary relief hearing request
When requesting temporary support or time-sharing hearings, the parties must advise the Court whether mediation occurred and led to an impasse.
When requesting a hearing for temporary support and temporary time-sharing matters, the parties must advise the Court if mediation has occurred and led to an impasse.
- Applies to
- Proposed order
Proposed orders uploaded to the CMS Workbench must be accompanied by the motion and supporting documents uploaded 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.
- Applies to
- Motion for special set trial
Special set trials are requested by filing a motion requesting a special set date.
Special Set Trials should be requested by the filing of a motion requesting a special set date.
- Applies to
- Motion for special set trial
Special set trials are requested by filing a motion requesting a special set date.
Special Set Trials should be requested by the filing of a motion requesting a special set date.
- Applies to
- Proposed jury instructions
Counsel should confer early and submit a complete, agreed-to-the-extent-possible set of proposed jury instructions prior to trial.
Where practicable, counsel should confer regarding proposed jury instructions as early as possible and submit a complete, agreed (to the greatest extent possible) set of jury instructions prior to trial.
- Applies to
- Written response
Opposing parties are encouraged to file a written response that includes citation to legal authority in opposition.
Any party opposing a motion or application may, and are encouraged to, file a written response that includes citation to legal authority in opposition to the movant's request.
- Applies to
- Proposed jury instructions
Counsel should confer early and submit a complete, agreed-to-the-extent-possible set of proposed jury instructions prior to trial.
Where practicable, counsel should confer regarding proposed jury instructions as early as possible and submit a complete, agreed (to the greatest extent possible) set of jury instructions prior to trial.
- Applies to
- Written response
Opposing parties are encouraged to file a written response that includes citation to legal authority in opposition.
Any party opposing a motion or application may, and are encouraged to, file a written response that includes citation to legal authority in opposition to the movant's request.
- Applies to
- Order
Orders not requiring findings of law or fact are completed by the party seeking relief, while orders requiring factual findings or legal interpretations are prepared by the Court.
Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact interpretations of the law will be prepared by the Court.
- Applies to
- All documents
Pro se defendants must follow all Florida law, Rules of Procedure, and division policies, but the Court will make accommodations where the pro se litigant has a valid basis for being unable to comply.
While the Court recognizes the importance of self-representation, it is expected that Defendants acting as their own counsel will follow all rules and procedures set forth in Florida law, the Rules of Procedure, and these policies and procedures. The Court will make accommodations as necessary if a pro se litigant has a valid basis for being unable to comply.
- Applies to
- Order
Orders not requiring findings of law or fact are completed by the party seeking relief, while orders requiring factual findings or legal interpretations are prepared by the Court.
Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact interpretations of the law will be prepared by the Court.
- Applies to
- All documents
Pro se defendants must follow all Florida law, Rules of Procedure, and division policies, but the Court will make accommodations where the pro se litigant has a valid basis for being unable to comply.
While the Court recognizes the importance of self-representation, it is expected that Defendants acting as their own counsel will follow all rules and procedures set forth in Florida law, the Rules of Procedure, and these policies and procedures. The Court will make accommodations as necessary if a pro se litigant has a valid basis for being unable to comply.
- Applies to
- Consent to withdraw
If the client consents to withdrawal no hearing is needed; instead file the client's signed consent to withdraw and send copies of the proposed order with self-addressed stamped envelopes to the Judge for entry.
If your client consents to the withdrawal, you do not need to set your Motion for hearing. Instead, please file a consent to withdraw signed by the client and send adequate copies of the proposed order with self-addressed, stamped envelopes to the Judge for entry.
- Applies to
- Consent to withdraw
If the client consents to withdrawal no hearing is needed; instead file the client's signed consent to withdraw and send copies of the proposed order with self-addressed stamped envelopes to the Judge for entry.
If your client consents to the withdrawal, you do not need to set your Motion for hearing. Instead, please file a consent to withdraw signed by the client and send adequate copies of the proposed order with self-addressed, stamped envelopes to the Judge for entry.
- Applies to
- Financial affidavit
Parties earning less than $50,000 per year use the Short Form financial affidavit; those earning more use the Long Form.
Short Form (if you make less than $50,000 per year) can be found on the Florida Supreme Court website: Short Form. Long Form (if you make more than $50,000 per year) can be found on the Florida Supreme Court website: Long Form.
- Applies to
- Notice of hearing
Once a UMC hearing is set, the Notice of Hearing must be filed; the division does not require a chambers copy.
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).
What must be included with motion for continuance filings in Seventeenth Judicial Circuit of Florida, Broward County?
The rule identifies required filing content or certificates. Continuance motions must state whether speedy trial is or has been waived.
What must be included with proposed order filings in Seventeenth Judicial Circuit of Florida, Broward County?
The rule identifies required filing content or certificates. The body of a proposed order must state the date the hearing was held.
What must be included with motion filings in Seventeenth Judicial Circuit of Florida, Broward County?
The rule identifies required filing content or certificates. For special set hearings of 15 minutes or longer, the motion must first be filed with the Clerk of Court.
What must be included with divisional email filings in Seventeenth Judicial Circuit of Florida, Broward County?
The rule requires case number. Emails to the division must include the case style (case number and party names) in the subject line, and emergency motions must be noted in the subject line.
What must be included with proposed order granting withdrawal filings in Seventeenth Judicial Circuit of Florida, Broward County?
The rule identifies required filing content or certificates. Proposed orders granting withdrawal must include the client's last known address, email address and phone number in the body.
What must be included with notice of hearing filings in Seventeenth Judicial Circuit of Florida, Broward County?
The rule requires certificate of conference. Every notice of hearing must include a certification of good-faith attempt to resolve and that the matter can be heard within five minutes.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.