Seventeenth Judicial Circuit of Florida, Broward County Service and Proof of Service Rules

CRITICAL

Service

Email to all parties

Self-represented parties must designate an email address for service, and until they do, attorneys cannot rely on email service alone and must serve per Rule 2.516(b)(2).

Rule 2.516(b)(1)(C), Fla. R. Gen. Prac. & Jud. Admin., now requires, with certain limited exceptions, self-represented parties to designate an email address for service of court documents. However, attorneys are reminded that until the self-represented party serves a designation of a primary email address pursuant to this rule, certifying service via email alone will not suffice; service in these instances must be made in accordance with Rule 2.516(b)(2), Fla. R. Gen. Prac. & Jud. Admin.

CRITICAL

Applies to

Order

Service

Mail to all parties

Parties without an email service address must be served by U.S. Mail by the party submitting the order, with the required language on the service list.

** If there are any parties without an email service address, it is the responsibility of the party submitting the order to serve those parties via U.S. Mail. The following language should be included on the service list: “Petitioner/Respondent will receive a conformed copy via U.S. Mail to the following:”

CRITICAL

Applies to

Notice of hearing

Service

Email to court

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.

CRITICAL

The Court will refuse to hear a motion to withdraw if the Defendant is not present and proper notice was not given.

The Court will not hear any motion to withdraw where the Defendant is not present and no proper notice was given.

CRITICAL

Applies to

Notice of hearing

Service

Email to opposing party

The moving party must serve the non-moving party and email the notice of hearing to the Division/Judicial Assistant; the Judicial Assistant is not responsible for confirming the non-moving party received notice.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion. It is NOT the Judicial Assistant's responsibility to ensure or confirm that the non-moving party has received notice.

CRITICAL

Applies to

Motion to withdraw

Without written client consent, counsel moving to withdraw must serve the client with the Motion and Notice of Hearing.

If you do not have a client’s written consent in accordance with Fla. R. Jud. Adm. 2.505, please serve the client with both the Motion and the Notice of Hearing.

CRITICALCriminal cases

Applies to

Notice of hearing

Service

Email to opposing party

The moving party must serve the non-moving party and email the Division/Judicial Assistant a copy of the notice of hearing; the Judicial Assistant will not confirm the non-moving party received notice.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion.

CRITICALCriminal cases

Applies to

Notice of hearing

Service

Email to all parties

After a hearing date is confirmed, the moving party must file the notice of hearing with the Clerk and serve copies on all other parties and the Judicial Assistant.

Once a date is confirmed by the Judicial Assistant, the moving party shall file a notice of hearing with the Clerk’s office, and serve copies via email or other type of service, if required, to all other parties and the Judicial Assistant.

CRITICALCriminal cases

Applies to

Motion

Service

Email to all parties

A copy of the written motion must be emailed to the Judicial Assistant with proper service on all parties.

Please email the Judge’s Judicial Assistant a copy of the written motion setting forth the requested relief, with proper service of copies to all parties.

CRITICAL

Service

Electronic service

Attorneys and self-represented litigants must provide an e-mail address for electronic service of signed orders and update it via Form 2.603 whenever it changes, unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Service

Electronic service to all parties

After cancelling a hearing, a notice of cancellation must be immediately filed and served on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self- represented litigant.

CRITICAL

Applies to

Motion

Motions must be filed in writing, properly notified to opposing counsel, and set for a hearing; they will not be heard at Calendar Call.

All motions must be filed in writing, properly notified to opposing counsel, and set for a hearing—NOT AT CALENDAR CALL.

WARNING

When a written continuance is granted, the attorney is responsible for providing notice to the Defendant.

If a written continuance is granted, it is the attorney's responsibility to notice the Defendant.

WARNINGCivil cases

Service

Electronic service

When filing any documents with the Clerk's Office through the e-filing portal, parties must discontinue adding Division 26 to the service list.

when filing any/all letters/documents/pleadings/etc with the Clerk's Office, please DISCONTINUE adding Division 26 to the SERVICE LIST in the e-filing portal.

WARNINGCivil cases

Service

Electronic service

Attorneys are responsible for logging onto the State Portal and permanently removing their name from the service list.

It is the attorney's responsibility to log on to the State Portal and remove his name permanently from the service list https://myflcourtaccess.com/

WARNING

A copy of the written verified emergency motion must be provided to the opposing party and the divisional judge.

A copy of the written verified motion shall be provided to the opposing party and the divisional judge.

WARNING

All motions must be filed and served on the appropriate parties pursuant to the applicable rules.

All motions shall be filed and served on the appropriate parties pursuant to the Rules.

WARNING

Service

Email to all parties

The moving party must notify all relevant parties and also send an email copy to the court.

The moving party is responsible for notifying all relevant parties. They must also send an email copy to the court.

WARNING

Service

Electronic service to all parties

Electronically signed orders are served by email on all relevant parties, and parties who have not received service confirmation within 48 hours should contact chambers.

All electronically signed orders by this court will include electronic service to all relevant parties as per the Fla. R. Gen. Prac. & J. Admin. Please check your designated email address for service of orders before contacting chambers. If you have not received service confirmation for your order within 48 hours, please contact Chambers for an update.

WARNING

Applies to

Exhibits

A copy of the filed exhibits must be provided to the other side.

For exhibits to be used at Jury or non-jury trial or evidentiary hearings, please file the exhibits with a Notice of Filing in the Court File at least two (2) business days in advance of the scheduled Trial or Evidentiary hearing date, with a copy to the other side.

WARNING

Applies to

Pretrial motion

The moving attorney is responsible for promptly filing and serving pretrial motions and obtaining a hearing time.

IT SHALL BE THE RESPONSIBILITY OF THE MOVING ATTORNEY TO PROMPTLY FILE AND SERVE SUCH MOTIONS AND OBTAIN A HEARING TIME.

WARNING

If a written continuance is granted, the filing attorney must notice opposing counsel; if denied, the parties must appear at calendar call.

If a written continuance is GRANTED, it is the filing attorney's responsibility to notice the opposing counsel. If a written continuance is DENIED, the parties must appear at calendar call.

WARNING

The zoom hearing request and underlying motion must be sent in advance to opposing counsel.

The request for zoom hearing and underlying Motion shall be sent in advance to the opposing counsel.

WARNING

If a written continuance is granted, the filing attorney is responsible for noticing opposing counsel.

If a written continuance is granted, it is the filing attorney's responsibility to notice the opposing counsel.

WARNING

Applies to

Motion to withdraw

If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.

If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.

WARNING

Service

Electronic service

Proposed orders of referral uploaded to the CMS Workbench must include the GM/HO on the service list.

When uploading proposed Orders of Referral to the CMS Workbench, you must include the GM/HO as a recipient on the service list.

WARNING

Service

Electronic service

After an order granting withdrawal is entered, the withdrawing attorney must log on to the State Portal (myflcourtaccess.com) and permanently remove their name from the service list.

When an Order is granted on a Motion to Withdraw Attorney of Record, it is the attorney’s responsibility to log on to the State Portal and remove his name permanently from the service list https://myflcourtaccess.com/

WARNINGCivil cases

Applies to

Motion to withdraw

If the attorney has not obtained written consent from the client pursuant to Fla.R.Jud.Adm. 2.505, the client should be noticed of the hearing and provided a copy of the motion to withdraw.

If the attorney has not obtained written consent from the client pursuant to Fla.R.Jud.Adm. 2.505, the client should be noticed of the hearing and provided a copy of the motion to withdraw.

WARNING

Applies to

Exhibit list

A copy of the filed Exhibit List must be served on the opposing party.

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.

WARNING

Deadline

24 hours

Applies to

Case law

Case law must be provided at least 24 hours before a proceeding and copies must be given to opposing counsel/parties in the same format as provided to the Court.

counsel/parties are cautioned to provide case law no less than 24 hours prior to a scheduled proceeding and to ensure that copies of the case law are provided to opposing counsel/parties in the same format as provided to the Court.

WARNING

When a written continuance is granted the filing attorney must notify opposing counsel; if denied, the parties must appear at calendar call.

If a written continuance is granted, it is the filing attorney's responsibility to notice the opposing counsel. If a written continuance is denied, the parties must appear at calendar call.

WARNINGCriminal cases

Applies to

Order granting continuance

When a written continuance is granted, the filing attorney must notify opposing counsel.

If a written continuance is granted, it is the filing attorney’s responsibility to notice the opposing counsel.

WARNINGCriminal cases

Applies to

Hearing request motion

Service

Email to opposing party

Hearing request emails to the Judicial Assistant must include a courtesy copy to the opposing party and state the amount of hearing time needed.

In order to obtain a hearing date, an email shall be sent to the Judicial Assistant with courtesy copy to the opposing party. Please advise how long you will need for the hearing.

INFO

Service

Email to all parties

Pro se litigants with email access are encouraged to file an email designation form with the Clerk so the court can send orders by email instead of U.S. mail.

Pro Se litigants with email access are encouraged to fill out and file an email designation form with the Clerk. This will enable the Court to send orders to the parties via email instead of using the U.S. Postal Service, greatly reducing the time for communication between the parties and the Court.

INFO

Applies to

Electronic order

Service

Electronic service to all parties

Approved electronic orders are served through the E-portal to registered e-service email addresses and will not be mailed.

CMS will send the approved electronic order to the E-portal for service by the portal to all registered eservice parties’ email addresses and any additional email addresses added manually by the filer or judge. Electronic orders will not be mailed.