Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Umc motion setting certification

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 attempt to resolve and that the issue can be resolved within five minutes.

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.

CRITICAL

Applies to

Supporting documents upload

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

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

CRITICAL

Applies to

Motion for rehearing

Must include

proposed order

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

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

CRITICAL

Applies to

Order after hearing

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

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

CRITICAL

Applies to

Proposed exhibits

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

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

CRITICAL

Applies to

Opposing statement of material facts

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

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.

CRITICAL

Applies to

Motion for default final judgment

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

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

CRITICAL

Applies to

Statement of material facts

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

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

CRITICAL

Applies to

Statement of material facts

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

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

CRITICAL

Applies to

Exhibits

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

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.

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Proposed order granting withdrawal

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

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

CRITICAL

Applies to

Exhibits

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

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.

CRITICAL

Applies to

Motion for relief from page limitation

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

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

Applies to

Evidence

Parties must provide their own equipment to play audio or video recordings.

If the evidence is an audio or video recording you must provide your own equipment to play the recording.

CRITICAL

Applies to

Agreed order

Must include

proposed order

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

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

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

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

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