Judge James Sherman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All Motions
Courtesy copies
Motion
Preliminary Injunction Motions
Adjournments
- A motion for continuance must specifically state the basis and timing of the need, opposition, readiness actions and dates, proposed ready date, and whether all parties agree.
Request must include
Communication
Chambers
Phone
Clerk
Phone
Chambers
Clerk
Phone
Court-widePhone
Court-wideDuty Judge
Document Format Requirements13 rules
Exhibits must be bound, and clips and rubber bands are prohibited.
H. Exhibits MUST be bound; i.e., Stapled, Acco-type fasteners, etc. Binders. Clips and Rubber Bands ARE NOT ALLOWED.
Large demonstrative boards intended for evidence must be accompanied by a smaller version.
J. Large demonstrative boards that you want placed into evidence must be accompanied by a smaller version.
Loose photographs are prohibited; photographs must be individually marked and mounted.
G. Loose photographs are NOT accepted. Photos MUST be individually marked and mounted.
The exhibit list must be numbered sequentially.
D. The exhibit list must be numbered sequentially.
Each exhibit must have a numbered sticker in the top-right corner of its front clearly identifying Plaintiff or Defendant.
A. Place a numbered sticker on the top right-hand corner of the front of each exhibit clearly identifying Plaintiff or Defendant. (Can be obtained in any Office Supply store).
Each exhibit tab must be completed fully and legibly.
C. The exhibit tab must be filled out completely and legibly.
All exhibits to be entered into evidence must be pre-marked with the Tag/Template; depositions and pleadings are not marked unless the court will take judicial notice of them or they are published to the jury, in which case they must be marked for identification.
I. All exhibits that will be entered into evidence must be pre-marked using the Tag/Template i. Deposition(s) and Pleading(s) are NOT marked as exhibits, EXCEPT, When any document or pleading that the party would like the court to take judicial notice of or is published to the jury. These exhibits must be marked for ID by using the Tag/Template.
An Exhibit Tag/Template must be placed on the back of each exhibit using copied and taped tags or adhered Avery 5164 labels.
B. On the back of each exhibit, place an Exhibit Tag/Template (see attached tag/template form) Either i. Make copies of the exhibit tag(s) and tape one tag on the back of each exhibit, or ii. Use Avery labels 5164 which can then be placed adhered to the page. (Template can be scanned onto Avery Labels or any colored paper)
Proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.
All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.
DOCX
Courtesy copies must be printed on 8.5-by-11-inch paper and submitted in three-hole-punched binders.
Courtesy copies must be submitted in three-hole punched binders printed on 8.5 x 11-inch paper.
Paper
Division AK orders must be submitted through Online Services in Word format after the hearing.
All Orders for Division AK must be submitted in Word format through Online Services following the hearing.
Exhibits with multiple sections should be designated by number and letter, such as 1a, 1b, and 1c.
E. Any exhibit(s) with multiple sections should be designated by number and letter; i.e. 1a, 1b, 1c, etc.
Exhibit lists may not use the terms “all,” “any,” or “any and all.”
F. Exhibit lists which state “all”, “any” and “any and all” are not accepted.
Document Filing Requirements13 rules
An updated, legible, and specific exhibit list must be provided to the trial clerk on the first day of trial.
1. An updated, legible and specific exhibit list MUST be provided to the trial clerk on the first day of trial.
Document Type
Exhibit List
If Defendant does not comply with the Order's counsel-retention or pro se notice requirement by the specified deadline, Plaintiff's counsel must upload a proposed order showing cause why Defendant's defense should not be deemed abandoned and a default entered.
If Defendant fails to comply with either Paragraph 3(a) or 3(b) of this Order within [INSERT NUMBER OF DAYS FROM PARAGRAPH 3] days from entry of this Order, counsel for Plaintiff(s) shall upload a proposed order to show cause why Defendant’s defense should not be deemed abandoned and a default entered for entry by the Court.
Document Type
Proposed Order
If Plaintiff retains new counsel, the new counsel must file a written appearance with the Clerk of Court.
Retain new counsel and have that counsel file a written appearance with the Clerk of Court; OR
Document Type
Notice Of Appearance
An individual Plaintiff may proceed pro se by filing a Notice of Intent to Proceed Pro Se, while business entities must be represented by counsel.
Advise the Court by filing Plaintiff’s Notice of Intent to Proceed Pro Se with the Clerk of Court. (Paragraph 3(b) only applies if the Plaintiff is an individual. All business entities must be represented by counsel)
Document Type
Notice Of Intent To Proceed Pro Se
If Plaintiff does not comply with the counsel-retention or pro se filing options by the stated deadline, defense counsel must upload a proposed order showing cause why the action should not be deemed abandoned and dismissed.
If Plaintiff fails to comply with either Paragraph 3(a) or 3(b) of this Order within [INSERT NUMBER OF DAYS FROM PARAGRAPH 3] days from entry of this Order, counsel for Defendant(s) shall upload a proposed order to show cause why Plaintiff’s lawsuit should not be deemed abandoned and dismissed for entry by the Court.
Document Type
Proposed Order
A notice of hearing involving a remote appearance must include the division's Zoom information.
A notice of hearing involving any remote appearance must list the division's Zoom information.
Document Type
Notice Of Hearing
The parties must stipulate in writing or by email to submit a matter for ruling on the papers.
The parties must stipulate to submission on the papers in writing or via email.
Document Type
Submission On The Papers
The division's forms must be used for all relevant filings.
Division forms must be used for all relevant filings.
Document Type
Relevant Filings
A request for a case management conference or status conference must explain why the conference is necessary.
Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.
Document Type
Case Management Conference Request
The parties must submit a single email with the specified subject line containing the motion, response, operative pleadings, written agreement, and Word-format proposed orders for each side.
In a single email with the subject line "SUBMISSION FOR RULING ON THE PAPERS" the parties must email the divisional email with the following attached: The motion Any response The operative complaint and answer(s) (if any) A written stipulation or email reflecting agreement by the parties Proposed Orders for each side (must be in Microsoft Word)
Document Type
Submission On The Papers
Every notice of hearing must contain the ADA notification required by Rule 2.540.
All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Document Type
Notice Of Hearing
Agreed orders should be labeled as agreed orders when uploaded into the court system.
Agreed orders should be labelled as agreed orders when uploaded into the system.
Document Type
Agreed Order
When scheduling a hearing through OLS, the notice or scheduling submission must include the docket entry number of the motion to be heard.
When scheduling hearings through OLS please include the docket entry number of the motion to be heard.
Document Type
Notice Of Hearing
Filing & Service rules
Electronic Filing Rules
Division AK does not accept paper or email copies of orders.
Division AK does not accept hard copies or emailed copies of Orders.
Page 1 | Changes for Submittals of Orders
Proposed orders and supporting documents must be submitted through the online services system for the judge's review.
Please submit your proposed orders and supporting documents using the online services system for the Judge to review.
Page 1 | Changes for Submittals of Orders
At the same time as the submission email, the parties must upload the specified proposed order in OLS.
Simultaneous with the email, the parties must upload a proposed order in OLS titled "Order Accepting Submission for Ruling on the Papers."
Page 1 | Rulings on the Papers
All proposed orders must be uploaded to the court through the Court's Online Services.
All proposed orders must be submitted to the court by upload through the Court's Online Services.
Page 1 | Submission of Orders and Judgments
Filing Timing and Cure Windows
Within the stated number of days after entry of the order, Plaintiff must either retain counsel that files a written appearance or file a notice of intent to proceed pro se.
Plaintiff, [INSERT PLAINTIFF’S NAME] shall have [INSERT NUMBER OF DAYS] days from the date of this Order to either:
Page 1 | ORDER GRANTING [INSERT FIRM’S NAME]’S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF WITH DIRECTIONS TO CLERK TO UPDATE SERVICE LIST
Hearing materials must be received by the court at least three business days before the hearing.
The court must receive any materials for the hearing no later than three (3) business days before the hearing.
Page 1 | Scheduling Procedures
Proposed orders are due no later than one week after the hearing unless the court provides a different deadline.
Proposed orders must be submitted no later than one week after any hearing, unless another time is given by the court following a hearing.
Page 1 | Submission of Orders and Judgments
A hearing must be cancelled by immediately notifying the judicial assistant and immediately filing and serving a notice of cancellation on opposing counsel and any self-represented litigant.
You must cancel hearings by notifying the judicial assistant immediately. You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
Page 1 | Scheduling Procedures
When hearing time is reserved outside OLS, a notice of hearing must be filed and served immediately.
A notice of hearing must be filed and served immediately after reserving hearing time, if not scheduled by the parties through OLS.
Page 1 | Scheduling Procedures
If no written ruling issues within 30 days after entry of the order accepting submission, the parties must upload the specified acknowledgment order.
If the Court has not issued a written ruling within 30 days after entry of the Order Accepting Submission, the parties shall upload an "Order Acknowledging Pending Submission for Ruling on the Papers."
Page 1 | Rulings on the Papers
If the order accepting submission is not entered within 10 days, the parties should contact the judicial assistant to check receipt.
If the order is not entered within 10 days, the parties should contact the court's judicial assistant to inquire whether the proposed order has been received.
Page 1 | Rulings on the Papers
Service and Proof of Service Rules
Attorneys and self-represented litigants must make and receive email service through the Florida Courts E-Filing Portal unless excused under Rule 2.516.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused under Florida Rules of General Practice and Judicial Administration 2.516.
Page 1 | Communications with the Judicial Office
Courtesy Copy Requirements
Courtesy copies are required for special-set-hearing motions but are optional for UMC hearing materials.
Courtesy copies of motions for special set hearing must be submitted. Courtesy copies of materials for UMC hearings are not necessary, though may be provided.
Page 1 | Courtesy Copies of Case Law and Other Documents
A time-sensitive motion that does not meet the emergency standard may be emailed to the court with the specified urgent subject line and the impending deadline or event.
For Motions that are time sensitive, but do not arise to the level of an emergency as defined above, parties may email the Court a copy of the motion with the subject line stating URGENT [Name of Motion] and indicate the date of the impending deadline or event that warrants expedited review.
Page 1 | Emergency and Other Urgent Matters
Temporary injunctions should be filed through the ordinary course with the clerk, with a courtesy copy including all exhibits and attachments emailed to the judicial assistant.
Temporary Injunctions should not be routinely filed as emergencies. Parties should file their Temporary Injunction with the Clerk of Court through ordinary course and send a courtesy copy with all exhibits/attachments to the Judicial Assistant at CAD-DivisionAK@pbcgov.org.
Page 1 | Other Division Procedures
Courtesy copies may be submitted by U.S. mail, hand delivery to the judicial office, or electronic submission through the Court's Online Services.
Courtesy copies may be submitted to the court by U.S. mail or hand-delivered to the judicial office, and electronically submitted to the court through the Court's Online Services.
Page 1 | Courtesy Copies of Case Law and Other Documents
Adjournment & Extension Requirements
A motion for continuance must specifically state the basis and timing of the need, opposition, readiness actions and dates, proposed ready date, and whether all parties agree.
Motions for continuance must state with specificity: the basis of the need for the continuance, including when the basis became known to the movant; whether the motion is opposed; the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.
Page 1 | Scheduling Procedures
Chambers Communication Rules
All parties must be copied on emails to the judicial office unless an ex parte communication is authorized by law.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 1 | Communications with the Judicial Office
Communications to the judicial office must be sent by email to the dedicated division account and include the case number, case name, and relevant matter in the subject line.
All communications to the judicial office must be submitted by e-mail to CAD-DivisionAK@pbcgov.org, the dedicated division e-mail account. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter(e.g., 2024 CA 001234 AK – Doe v. Doe – 2-Hour Hearing Requested).
Page 1 | Communications with the Judicial Office
An email requesting hearing time must identify the case, motions, requested duration, evidentiary status, party contacts, and trial-docket status.
All emails requesting hearing time must include:: case number and style, specific motion(s) requesting to be heard, amount of time being requested, if the hearing will be evidentiary, the names and contact information for all parties, and must note if the matter is on a trial docket.
Page 1 | Scheduling Procedures
Case-specific questions may be submitted to the Judicial Assistant by email, and all parties must be copied on the email.
For case-specific questions, the best way to contact the Judicial Assistant is via email at CAD-DivisionAK@pbcgov.org. All parties must be copied on your email.
Page 1 | AK Divisional News
Questions may be directed to the Clerk at (561) 355-2986.
If you have any questions, please do not hesitate to contact the Clerk at (561) 355-2986
Page 1 | CIRCUIT CIVIL PRE-MARKING GUIDELINES
Parties may contact the court assistant by telephone, although email is preferred.
Parties may contact the Court's assistant by phone, but email is the preferred method of communication.
Page 1 | Communications with the Judicial Office