Seventeenth Judicial Circuit of Florida, Broward County Document Filing Requirements

WARNING

Applies to

Notice of hearing

If you have tried in good faith to coordinate a hearing, and have not received a response from opposing counsel or pro se litigant within two (2) full business days of your contact, you may set the hearing unilaterally. If you are unable to coordinate a date and time for a hearing after three (3) attempts, you may set the hearing unilaterally. Please note on your Notice of Hearing: "Set Unilaterally Pursuant To Judge Weiss' Procedures."

If you have tried in good faith to coordinate a hearing, and have not received a response from opposing counsel or pro se litigant within two (2) full business days of your contact, you may set the hearing unilaterally. If you are unable to coordinate a date and time for a hearing after three (3) attempts, you may set the hearing unilaterally. Please note on your Notice of Hearing: "Set Unilaterally Pursuant To Judge Weiss' Procedures."

WARNING

Applies to

Proposed order

When uploading proposed orders to the CMS Workbench, please attach the motion and supporting documents through the CMS portal under SUPPORTING DOCUMENTS. Please do not submit duplicate orders by mail or e-mail, unless otherwise directed by the Court. Please wait until after the hearing is held to upload orders, unless they are agreed orders.

When uploading proposed orders to the CMS Workbench, please attach the motion and supporting documents through the CMS portal under SUPPORTING DOCUMENTS. Please do not submit duplicate orders by mail or e-mail, unless otherwise directed by the Court. Please wait until after the hearing is held to upload orders, unless they are agreed orders.

WARNING

Applies to

Notice of hearing

Once the parties agree on a date and time, and confirm the date/time with the Judicial Assistant, the movant shall file a Notice of Hearing. The Notice of Hearing should not be filed until the Judicial Assistant has confirmed the agreed date/time is confirmed on the docket. This division does not require a copy of the Notice of Hearing.

Once the parties agree on a date and time, and confirm the date/time with the Judicial Assistant, the movant shall file a Notice of Hearing. The Notice of Hearing should not be filed until the Judicial Assistant has confirmed the agreed date/time is confirmed on the docket. This division does not require a copy of the Notice of Hearing.

WARNING

Applies to

Motion

Must include

proposed order

A motion requesting telephone appearance must include a proposed order indicating the name of the attorney who will appear by phone.

Requests for phone hearings and/or appearances by phone will be addressed in accordance with Fla. R. Jud. Adm. 2.530. Please include with your motion an order indicating the name of the attorney who will be appearing via telephone for the hearing.

WARNING

Applies to

Settlement dismissal documents

Upon settlement, the parties must email Ms. Stitt immediately and provide an e-filed copy of the Final Order of Dismissal, Notice of Settlement, or Notice of Voluntary Dismissal when appropriate.

If your case settles, please email Ms. Stitt immediately. Provide the Court with an e-filed copy of the Final Order of Dismissal, Notice Of Settlement or Notice of Voluntary Dismissal when appropriate.

WARNING

Applies to

Quiet title partition filing

Quiet Title and Partition actions require an affidavit or certified copy of the deed relied upon.

Quiet Title and Partition actions require an affidavit or certified copy of the deed upon which you rely.

WARNING

Applies to

Response

A party opposing a motion may file a response that includes citation to statutory and case law in opposition.

Each party opposing a motion or petition may file a response that includes citation to legal authority, statutory and case law in opposition to the request.

WARNING

Applies to

Proposed order on motion to withdraw

If the client is an entity, the proposed order on withdrawal must state that the entity must be represented by counsel who must file an appearance within 20 days or a default may be entered.

If the client is not an individual, please include a statement that the entity must be represented by counsel who must file an appearance within 20 days from the date of this order or a default may be entered.

WARNING

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.

WARNING

Applies to

Evidence

Digital audio/video evidence must be published using the party's electronic equipment; HDMI connection allows broadcast on courtroom monitors.

Evidence in the form of a digital audio or video recording shall be published at trial using the party's electronic equipment. A computer with an HDMI cable connection will allow videos to be broadcast on courtroom monitors.

WARNING

Applies to

Order

Parties seeking relief must prepare orders that require no findings of law or fact, while the Court prepares orders requiring factual findings or legal interpretation.

Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact or interpretations of the law will be prepared by the Court.

WARNINGCivil cases

Applies to

Motion for summary judgment

Summary judgment factual assertions must be supported by citing particular parts of record materials or by showing no genuine dispute exists.

Per Fla.R.Civ.P. 1.510(c)(1), a party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (a) citing to particular parts of materials in the record, including depositions, documents, ESI, affidavits, stipulations, admissions, interrogatory answers, or other materials; or (b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

WARNINGCivil cases

Applies to

Proposed order granting withdrawal

If the client is not a natural person, the proposed withdrawal order must state that the entity must be represented by counsel, who must file an appearance within 20 days or a default may be entered.

If the client is not a natural person, please include a statement that the entity must be represented by counsel, who must file their appearance within twenty (20) days from the date of the order or a default may be entered.

WARNING

Applies to

Notice of hearing

If opposing counsel does not respond within two full business days, the hearing may be set unilaterally with the required notation on the Notice of Hearing.

If you have tried in good faith to coordinate a hearing and have not received a response from opposing counsel within two (2) full business days of your contact, you may set the hearing unilaterally. Please note on your Notice of Hearing: “Set Unilaterally Pursuant to Judge Achille’s Procedures.”

WARNING

Applies to

Final judgment

After the hearing, the Final Judgment must be submitted through CMS with the Driver's License attached.

Once the hearing is concluded, please submit the Final Judgment through CMS and include the Driver’s License as an attachment.

WARNING

Applies to

Exhibits

All documents should be pre-marked with the case number, and a space for the judge to admit the document into evidence.

All documents should be pre-marked with the case number, and a space for the judge to admit the document into evidence.

WARNING

Applies to

Notice of hearing

Notices of hearing for Zoom hearings must include the Zoom instructions.

If your hearing is by Zoom, you must include the Zoom instructions in your Notice of Hearing.

WARNING

Applies to

Notice of trial

The Notice of Trial must include the expected length of trial.

In the Notice, please include the expected length of trial.

WARNING

Applies to

Order approving stipulation

Orders approving stipulations must include the executed stipulation as an attached exhibit or incorporate the filed stipulation by reference with its docketing date.

Orders approving stipulations must be uploaded with the executed stipulation attached as an exhibit and referenced in the order, or the stipulation may be filed and the proposed order may incorporate the stipulation by reference with the date it was docketed by the Clerk of the Court.

WARNING

Applies to

Speedy trial motion

For speedy trial requests set through CMS, the moving party must provide the Court with a copy of the filed motion and notice of hearing.

It is the responsibility of the moving party to provide the Court with a copy of the filed motion and NOH.

WARNING

Applies to

Notice of court proceeding

All communications noticing court proceedings or services must include the ADA accommodation notice language required by AO 2018-10-GEN and Fla. R. Jud. Admin. 2.540.

The Chief Judge of the Seventeenth Judicial Circuit, signed Administrative Order (AO) number 2018-10-GEN (Amendment 1) which requires that all communications noticing court proceedings or services in the Seventeenth Judicial Circuit include the following language pursuant to Florida Rule of Judicial Administration 2.540

WARNING

Applies to

Motion to compel discovery

Motions to compel discovery under Local Rule 11 must use the standard attached form without any additional language.

MOTIONS TO COMPEL DISCOVERY: If Local Rule 11 is triggered, please use the standard form attached hereto. Do NOT add any additional language (e.g., waiver of privilege, etc.).

WARNINGCriminal cases

Applies to

Notice of hearing

Must include

certificate of service

The notice of hearing must certify that the other party received notice via email.

The notice of hearing shall certify that the other party has received notice via email.

WARNINGCriminal cases

Applies to

Notice of appearance

A notice of appearance alone is not sufficient to request a hearing where another attorney is already counsel of record; new counsel must verify the record and secure a stipulation for substitution.

A Notice of Appearance filed by new counsel is NOT sufficient to request a hearing if another attorney is already designated of record.

WARNINGCriminal cases

Applies to

Motion

The movant must confer in good faith with the opposing party to attempt to resolve the motion and narrow the issues before the hearing.

The movant shall confer with the opposing party in a good faith effort to resolve the motion and narrow the issues to be addressed by the court.

WARNING

Applies to

Order

Must include

proposed order

The party seeking relief must prepare orders that do not require findings of law or fact, while the Court prepares orders requiring factual findings or legal interpretations.

Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. The Court will prepare orders which require findings of fact or interpretations of the law.

INFO

Pro se defendants must follow all Florida law, Rules of Procedure, and division policies, but the Court will make accommodations where the pro se litigant has a valid basis for being unable to comply.

While the Court recognizes the importance of self-representation, it is expected that Defendants acting as their own counsel will follow all rules and procedures set forth in Florida law, the Rules of Procedure, and these policies and procedures. The Court will make accommodations as necessary if a pro se litigant has a valid basis for being unable to comply.

INFO

Applies to

Order

Orders not requiring findings of law or fact are completed by the party seeking relief, while orders requiring factual findings or legal interpretations are prepared by the Court.

Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact interpretations of the law will be prepared by the Court.

INFO

Applies to

Financial affidavit

Parties earning less than $50,000 per year use the Short Form financial affidavit; those earning more use the Long Form.

Short Form (if you make less than $50,000 per year) can be found on the Florida Supreme Court website: Short Form. Long Form (if you make more than $50,000 per year) can be found on the Florida Supreme Court website: Long Form.

INFO

Applies to

Notice of hearing

Once a motion calendar hearing has been set, please file your Notice of Hearing (this division does not require a copy of the Notice of Hearing).

Once a motion calendar hearing has been set, please file your Notice of Hearing (this division does not require a copy of the Notice of Hearing).

INFOCivil cases

Applies to

Proposed jury instructions

Counsel should confer early and submit a complete, agreed-to-the-extent-possible set of proposed jury instructions prior to trial.

Where practicable, counsel should confer regarding proposed jury instructions as early as possible and submit a complete, agreed (to the greatest extent possible) set of jury instructions prior to trial.

INFOCivil cases

Applies to

Written response

Opposing parties are encouraged to file a written response that includes citation to legal authority in opposition.

Any party opposing a motion or application may, and are encouraged to, file a written response that includes citation to legal authority in opposition to the movant's request.

INFO

Applies to

Notice of voluntary dismissal

Voluntary dismissals must comply with Florida Rule of Civil Procedure 1.420.

All Voluntary Dismissals of actions must comply with Florida Rule of Civil Procedure 1.420.

INFOCriminal cases

Applies to

Motion for special set trial

Special Set Trials should be requested by the filing of a motion requesting a special set date.

Special Set Trials should be requested by the filing of a motion requesting a special set date.

CRITICAL

Applies to

Agreed order

Must include

proposed order

Proposed agreed orders must include a copy of the underlying motion/agreement/petition, except that an Agreed Order Extending the Goal Date requires no accompanying motion when all parties agree to the extension.

When submitting such proposed orders, please include of the following a copy of the motion/ agreement/ petition [3]. The only exception that a motion be filed with any agreed order is an Agreed Order Extending the Goal Date. If all parties agree to extending a goal date, submission of a motion to accompany such an Agreed Order is unnecessary.