Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements

CRITICAL

Failure to appear at scheduled hearings may result in denial of relief, granting opposing motion, dismissal, or entry of final judgment.

Failure to appear at scheduled and noticed hearings may result in denial of the relief sought, granting the opposing party’s motion, dismissal of the petition, or entry of a final judgment of injunction.

CRITICAL

Applies to

Exhibits

Exhibits for evidentiary proceedings must be brought to court on the day of the proceeding.

Exhibits to be presented at evidentiary proceedings must be brought to Court on the day of the proceeding.

CRITICAL

Applies to

Motion

Parties may not submit multiple motions in a single pleading.

Parties may not submit multiple motions in one pleading.

CRITICAL

Applies to

Motion to withdraw

Must include

certificate of service

Motions to Withdraw must include a certificate of service to the Defendant (also included in the Notice of Hearing) or the Court will not hear the motion.

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 has been provided.

CRITICAL

Applies to

Notice of hearing

The attorney scheduling a CMS motion calendar hearing must coordinate the date with opposing counsel and prepare and file a Notice of Hearing.

The attorney scheduling the hearing is responsible for coordinating the date with opposing counsel as well as preparing and filing the required Notice of Hearing.

CRITICAL

Applies to

Proposed order

Must include

judge name, case number

Proposed orders must be reviewed for correct style, case number, judge, jurisdiction, and date before submission.

Proposed orders must be reviewed for correct style, case number, judge, jurisdiction, and date.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must be filed once a special set hearing date is set, or 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.

CRITICAL

Applies to

Agreed motion

Must include

caption

Agreed motions must state the agreement, and orders submitted on agreed motions must contain the language "Agreed Order" in the heading.

Agreed Motions must contain a statement indicating the agreement. Orders submitted to said motions must contain the language, “Agreed Order,” in the heading.

CRITICAL

Applies to

Motion for substitution of counsel

Must include

proposed order

Substitution of counsel requires a written motion showing authorization and agreement by the prior attorney, successor attorney, and Defendant, with the proposed order submitted with the motion.

Substitution of Counsel will only be granted where the prior attorney, the successor attorney, and the Defendant submit a written motion evidencing authorization and agreement to the substitution. Orders granting the substitution must be submitted to the Court with the motion. If there is no Defendant authorization the substitution will be denied. No substitution will be considered effective without an order of substitution executed by the Court.

CRITICAL

Applies to

Plea and sentencing documents

All plea and sentencing forms, orders, and documents must be prepared and signed before the CMS-scheduled change of plea hearing, or the matter will be deleted and must be reset.

The Court requires that all forms, orders, and other documents related to plea and sentence be prepared and signed in advance of the hearing scheduled via CMS as a negotiated change of plea. Failure to be prepared at the time the matter is called on the motion calendar will result in deletion of the matter and the parties will need to reset when all forms and documents are complete.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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)

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

Applies to

Agreed order

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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."

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.).

CRITICAL

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.

CRITICAL

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."

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of conference

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.

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Dissolution by affidavit request

Prior to requesting dissolution by affidavit the following documents must be submitted to the Court as SUPPORTING DOCUMENTS in the CMS system.

Prior to requesting dissolution by affidavit the following documents must be submitted to the Court as SUPPORTING DOCUMENTS in the CMS system.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed order

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.

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.