Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements

CRITICAL

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."

CRITICAL

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of counsel, all proposed orders must include the required paragraph directing that future pleadings for the withdrawn individual party be served on the former client, who may then appear pro se.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PROPOSED ORDERS MUST INCLUDE A PARAGRAPH THAT STATES: FOR INDIVIDUALS: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____."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".

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.)

CRITICAL

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.”

CRITICAL

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.”

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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”.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Courtesy copy email

Must include

case number

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

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Emergency motion

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

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]

CRITICAL

Applies to

Cover letter

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

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.

CRITICAL

Applies to

Any filed paper

Must include

ai disclosure

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

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

CRITICAL

Applies to

Motion to withdraw

Must include

certificate of service

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

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

CRITICAL

Applies to

Exhibits

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

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

CRITICAL

Applies to

Proposed order

Must include

proposed order

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

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

CRITICAL

Applies to

Substitution of counsel

Must include

proposed order

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

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

CRITICAL

Applies to

Default judgment

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

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

CRITICALCivil cases

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.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

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

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

CRITICAL

Applies to

Motion to continue

Must include

proposed order

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

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

CRITICAL

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.