Court Rules

Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements

435 rules from official source documents

Rules 351 to 400, page 8 of 9

Required elements, certificates, and structural requirements for court documents.

WARNINGCivil cases

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.

Court-level rulesOfficial source

WARNINGCivil cases

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.

Court-level rulesOfficial source

WARNINGCivil cases

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.

Court-level rulesOfficial source

WARNINGCivil cases

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.

Court-level rulesOfficial source

WARNINGCriminal cases

Applies to
Motion

If the opposing party objects to the motion, the objection must be clearly indicated within the motion.

If the opposing party objects to the motion, this must be clearly indicated within the motion.

Court-level rulesOfficial source

WARNINGCivil cases

Applies to
Notice of hearing

If your hearing is by Zoom, please include the zoom instructions in your Notice of Hearing. Zoom instructions are attached as 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.

Court-level rulesOfficial source

WARNING

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.

Judge Barbara R. Duffy

WARNINGCivil cases

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.

Judge Betsy Benson

WARNINGCivil cases

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:

Judge Betsy Benson

WARNINGCivil cases

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.

Judge Betsy Benson

WARNINGCivil cases

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.

Judge Betsy Benson

WARNINGCivil cases

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.

Judge Betsy Benson

WARNINGCivil cases

Applies to
Proposed order

Orders uploaded to CMS for signature must include the motion in the supporting documents.

Orders uploaded to CMS for signature shall include the Motion in supporting documents.

Judge Carol-Lisa Phillips

WARNINGCivil cases

Applies to
Motion for summary judgment

A summary judgment movant must identify each claim or defense (or part of each) on which summary judgment is sought.

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.

Judge Carol-Lisa Phillips

WARNINGCivil cases

Applies to
Exhibit worksheet

All parties must complete the Clerk of Courts' Exhibit Worksheet prior to closing arguments.

All parties will be required to complete the Clerk of Courts "Exhibit Worksheet" prior to closing arguments using the PDF included herein.

Judge Carol-Lisa Phillips

WARNINGCivil cases

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 for entry of judgment.

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.

Judge Carol-Lisa Phillips

WARNINGCivil cases

Applies to
Proposed order motion to withdraw

If the withdrawing client is an entity, the proposed 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 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.

Judge Carol-Lisa Phillips

WARNINGCivil cases

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

Judge Carol-Lisa Phillips

WARNINGCivil cases

Applies to
Agreed order

The sender of an agreed order must certify it is in fact agreed, and the order must contain the date of the hearing and type of motion.

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.

Judge Carol-Lisa Phillips

WARNINGCivil cases

Applies to
Notice of cancellation

When you file a Notice of Cancellation, the judge wants the notice to 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.

Judge Carol-Lisa Phillips

WARNING

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.

Judge Christopher Wigand

WARNING

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.

Judge Christopher Wigand

WARNING

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.”

Judge Christopher Wigand

WARNINGCriminal cases

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.

Judge Edward H. Merrigan Jr.

WARNING

Applies to
Notice of cancellation

Parties should file a notice of cancellation if they have resolved the matter 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.

Judge George Odom Jr.

WARNING

Applies to
Written waiver of client presence

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.

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.

Judge George Odom Jr.

WARNING

Applies to
Motion for deposition
Must include
proposed order

If the ASA has no objections to a deposition motion, an agreed order must be emailed to the Judicial Assistant for review; if the ASA objects, a hearing must be set.

If the Assigned Assistant State Attorney has no objections, an AGREED ORDER shall be emailed to the Judicial Assistant for the Judge to review. If the ASA objects, a hearing shall be set.

Judge Jill K. Levy

WARNING

Applies to
Notice of hearing

Once the hearing date is confirmed, the moving party must complete a notice of hearing.

Once the date is confirmed, a notice of hearing shall be completed by the moving party.

Judge Jill K. Levy

WARNING

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.

Judge John D. Fry

WARNING

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.

Judge Kal Evans

WARNINGCivil cases

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.

Judge Kenneth L. Gillespie

WARNINGCivil cases

Applies to
Exhibits

IN PERSON PROCEEDINGS: Hard Copies should be brought to the Hearing, either previously marked or in preparation 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.

Judge Kenneth L. Gillespie

WARNING

Applies to
Proposed final judgment paternity

In paternity actions with full agreement, a proposed final judgment may be submitted through CMS without a hearing, with proof of the agreement and any child support worksheets attached.

In Paternity actions, if the parties have come to a full agreement, a proposed final judgment may be submitted through CMS without a hearing. Please include proof of the agreement as an attachment through the CMS portal under SUPPORTING DOCUMENTS, and, where applicable, child support guidelines worksheets and calculations pursuant to Florida law.

Judge Kristin R. Kanner

WARNING

Applies to
Order of referral to mediation

Court mediation requests require the Standard Mediation Form Order plus the parties' financial affidavits as supporting documents; cases with a default entered will not be referred to court mediation.

If you are requesting an order for Court Mediation, please upload the Standard Mediation Form Order to the CMS Workbench. 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. Please Note: The Court will not refer cases to Court Mediation if a default has been entered.

Judge Kristin R. Kanner

WARNING

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.

Judge Kristin R. Kanner

WARNING

Applies to
Proposed order withdrawal of counsel

Consented withdrawal orders must include the client's name and current contact information, advise the client about retaining counsel or proceeding pro se and updating contact info, with the client's verification of consent uploaded as a supporting document.

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 the Courts. The client's verification of consent must be uploaded through the CMS portal under SUPPORTING DOCUMENTS.

Judge Kristin R. Kanner

WARNING

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).

Judge Kristin R. Kanner

WARNING

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.

Judge Kristin R. Kanner

WARNING

Applies to
Proposed order substitution of counsel

Substitution of counsel orders must name the incoming counsel, the party, and the withdrawing counsel, with the stipulation uploaded as a CMS supporting document.

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.

Judge Kristin R. Kanner

WARNING

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.

Judge Kristin R. Kanner

WARNING

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).

Judge Kristin R. Kanner

WARNING

Applies to
Proposed final judgment

After the final hearing, the proposed final judgment must be submitted through CMS with the Driver's License attached as a supporting document.

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.

Judge Kristin R. Kanner

WARNING

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.

Judge Lauren N. Peffer

WARNING

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.

Judge Lauren N. Peffer

WARNING

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.

Judge Lauren N. Peffer

WARNING

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.

Judge Lauren N. Peffer

WARNING

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.

Judge Marlon J. Weiss

WARNING

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."

Judge Marlon J. Weiss

WARNING

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.

Judge Marlon J. Weiss

WARNING

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.

Judge Marlon J. Weiss