Seventeenth Judicial Circuit of Florida, Broward County Pre-Motion Conference Requirements

CRITICAL

The moving party must coordinate with opposing counsel or the opposing side before setting a Motion Calendar hearing.

The Moving party must coordinate with the opposing counsel/side prior to setting the hearing.

CRITICAL

After filing a summary judgment/disposition motion, the movant must schedule a 'Motion to set Summary Judgment/Summary Disposition hearing' on the motion calendar only, where the judge will confer with both parties and set the matter and its duration.

After the respective motion is filed with the Clerk of the Court and the moving party is READY to proceed on the said matter, the moving party shall then schedule a “Motion to set Summary Judgment/Summary Disposition hearing” on the MOTION CALENDAR ONLY. The Judge will confer with both parties at the hearing and determine when the said matter will be scheduled and for what duration.

CRITICAL

Special set hearings are set by the Court only after a motion calendar hearing has been held.

ONLINE SPECIAL SET HEARINGS WILL BE SET BY THE COURT AFTER A MOTION CALENDAR HEARING IS HELD

CRITICAL

The moving party must meet and confer with opposing counsel or the opposing side before setting a hearing.

The Moving party must coordinate with the opposing counsel/side before setting the hearing.

CRITICAL

Substantive motions and requests will not be heard at Calendar Call without specific permission from the Court.

No other substantive motions or requests will be heard on Calendar Call without specific permission from the Court.

WARNING

If opposing counsel does not respond within two full days of good-faith contact, the hearing may be set unilaterally.

If you tried in good faith to coordinate a hearing, and have not received a response from opposing counsel within two full days of your contact, you may set the hearing unilaterally.

WARNING

If the opposing party fails to provide reasonable deposition dates within two business days, the requesting party may unilaterally set the deposition.

If the opposing party does not provide reasonable dates within two business days of the request, you may unilaterally set the deposition. The burden will then be on the opposing party to move for protective order and explain why no reasonable dates were provided.

WARNING

Any party may request a pretrial conference at any time, and at-issue cases not set for trial must either agree on a trial setting or seek a pretrial conference.

Any party may request a pretrial conference at any time by making a request to the Court. The Court may also set a pretrial conference at any time. If your case is not set for trial and is “at issue”, the parties must either 1) agree on a trial setting; or 2) seek a pretrial conference.

WARNING

Only one special-set time slot per case per day may be booked; on the 5-minute Motion Calendar one slot covers two motions per case per day and they must be set simultaneously.

Special Sets - You can only book one (1) time slot per case per day = Motion Calendar (5 minute hearings) - 1 slot, 2 motions per case, per day - must be set simultaneously.

WARNINGCivil cases

At the Pretrial Conference or Calendar Call the parties should be prepared to address the length of time the final hearing requires, the number of witnesses to be called, the outstanding discovery, and any pending Motions. The parties should have conferred prior to the Pretrial Conference or Calendar Call to ensure efficiency.

At the Pretrial Conference or Calendar Call the parties should be prepared to address the length of time the final hearing requires, the number of witnesses to be called, the outstanding discovery, and any pending Motions. The parties should have conferred prior to the Pretrial Conference or Calendar Call to ensure efficiency.

WARNING

Hearings over five minutes or requiring evidence must be Special Set; motions to vacate GM/HO R&R are limited to 30 minutes, temporary relief to 1 hour, and temporary relocation to 3 hours.

Any hearing requiring more than five (5) minutes or requiring evidence must be Special Set by the Court. Hearings on motions filed to vacate the GM/HO's Report and Recommendation are limited to THIRTY (30) minutes. Hearings on temporary relief are limited to ONE (1) hour pursuant to Administrative Order No. 2026-06-UFC. Hearings on temporary relocation are limited to THREE (3) hours.

WARNING

UMC is limited to five-minute, non-testimony matters such as uncontested finals, defaults, adoption, name-change, and non-evidentiary matters; rehearing, motions to vacate R&R, and expedited-hearing requests are not appropriate for UMC.

UMC hearings are limited to matters which can be heard in five (5) minutes and do not require any testimony. UMC is appropriate for uncontested final hearings, default final hearings, adoption hearings and final hearings, name-change hearings, and non-evidentiary matters. UMC is not appropriate for motions for rehearing/clarification/reconsideration, motions to vacate reports and recommendations, or motions to set expedited hearings.

WARNING

Hearings on motions for rehearing/reconsideration/clarification, if any, are limited to thirty minutes.

Hearings, if any, are limited to THIRTY (30) minutes.

WARNING

Temporary relocation hearings are limited to one hour and final relocation hearings to a one-day trial.

Hearings on Petitions for TEMPORARY Relocation are limited to one (1) hour. Final Hearings on Petitions for Relocation are limited to a one (1) day trial.

WARNING

Motions for rehearing/reconsideration/clarification may not be set for hearing unless explicitly authorized by the Court.

Except where explicitly authorized by the Court, no motions for rehearing or reconsideration or clarification shall be set for hearing.

WARNING

Invocation of the rules is discretionary and rarely granted, and filing the motion does not excuse appearance at the pretrial conference unless an order is entered.

Please remember that the invocation of rules is discretionary with the Court and is rarely granted. Do not assume that the Rules have been invoked unless you receive a signed order from Judge Peffer. Also, please note that submission of a motion to invoke the rules does NOT excuse appearance at the Pretrial Conference unless the Court has actually entered the order.

WARNING

Attorney fee hearings will not be scheduled until the attorney fee scheduling order is complied with; a copy of the fee motion must be provided to Ms. Stitt so the Court can issue a scheduling order.

An attorney fee hearing will not be scheduled until there has been compliance with the attorney fee scheduling order. (see last page of procedures). Please provide Ms. Stitt with a copy of your attorney fee motion so that a scheduling order may be issued by the Court.

WARNING

Cases are placed on the trial docket via a Status Conference on the Motion Calendar, or the parties may email div24@17th.flcourts.org to request a particular trial period.

TRIAL ORDERS: The parties are to schedule a Status Conference on Motion Calendar for the Court to place a case on a Trial Docket. Alternatively, the parties can agree to be placed on a trial period by emailing the court requesting a particular trial period. The email should be sent to div24@17th.flcourts.org.

WARNING

Motions to Mitigate or Reduce Sentence should not be scheduled without Court approval and are generally ruled on in chambers based on the papers.

Motions to Mitigate or Reduce Sentence should not be scheduled without Court approval. The Court will generally rule on the merits of the motion based on the information provided, in chambers.

WARNING

Agreed motions should not be scheduled for hearing unless the Court determines a hearing is necessary.

Agreed motions should not be scheduled for hearing unless the Court determines it necessary.

WARNING

Downward departure hearings may only be set once all parties are fully ready, bifurcation is allowed only in emergencies, and the Defendant bears the burden of presenting a treatment plan.

Hearings on downward departure motions shall only be set once all parties are fully ready to be heard. Bifurcated hearings will only be done on an emergency basis. If Defendant seeks a program, it is Defendant’s burden to present a treatment plan to the Court.

WARNING

Before scheduling a special set hearing, all parties must confer in a good faith attempt to resolve the issues.

All parties must confer prior to scheduling the hearing and in a good faith attempt to reach a resolution of the issues.

WARNING

For all other Motions to Compel, represented parties must make a bona fide effort to resolve each matter being compelled on an item-by-item basis.

For all other Motions to Compel, Judge Di Pietro requires all parties represented by counsel to make a bona fide effort to resolve each matter being compelled, on an item by item basis.

WARNING

Before submitting a motion to return property, contact the Law Enforcement Agency and State Attorney's Office; provide an agreed order if agreed, or set a hearing and notify both if contested; firearms require a hearing and an FDLE check.

When submitting a motion to return property, please do the following: 1. Contact the Law Enforcement Agency and the State Attorney's Office. 2. If agreed, please provide my office with an agreed order. 3. If contested, set for a hearing and notify the Law Enforcement Agency and the State Attorney's Office. *Firearms must be set for a hearing, and the person getting the property must have a FDLE check run.

INFO

Appellate matters have no hearings unless ordered by the Court, and all motions are decided on the papers.

There are no hearings for appellate matters unless ordered by the Court. All motions are decided on the papers.

INFO

Downward departure motions requiring evidentiary support should be set for hearing only once all parties are ready to be heard.

Any Downward Departure motion that requires the presentation of evidence to support the basis for departure should be set once all parties are ready to be heard.