Judge Maxine Cheesman
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Notice Of Trial
Courtesy copies
Court-wideE Filed Document
Court-wideAdjournments
- A motion to amend a case management order must state the basis and timing of the need for an extension, whether it is opposed, the requested new deadline or trial-period date and whether all parties agree, the specific actions and dates needed to meet that deadline, and reasons for good cause.
- Attorneys should cooperate with reasonable rescheduling requests that do not prejudice clients or unduly delay proceedings and should promptly offer alternative dates.
- Attorneys should grant reasonable extensions for responding to pleadings, discovery, and other matters when they will not prejudice the client or unduly delay the proceeding.
- +2 more
Request must include
Communication
Chambers
Chambers
Phone
Clerk
Chambers
Clerk
Phone
Court-widePhone
Court-wideDuty Judge
Phone
Court-wideChambers
Page & Word Limits1 rule
The Court has eliminated a strict page limit but encourages counsel to keep motions and memoranda, whether incorporated or separate, generally within 10 pages.
The court has removed its strict page limitation, but implores Counsel to understand that Motions and Memoranda of law, incorporated or separate, should rarely exceed 10 pages.
Motion Or Memorandum
10 pages
Applies to: Attorney
Document Format Requirements13 rules
The back of each exhibit must have an Exhibit Tag/Template applied either by taping a copy in place or using an adhered Avery 5164 label.
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)
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.
A smaller version must accompany every large demonstrative board intended for admission into evidence.
J. Large demonstrative boards that you want placed into evidence must be accompanied by a smaller version.
Each exhibit tab must be completed fully and legibly.
C. The exhibit tab must be filled out completely and legibly.
Each exhibit must have a numbered sticker in its top right-hand corner that clearly identifies the 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.
Loose photographs are prohibited; each photograph must be individually marked and mounted.
G. Loose photographs are NOT accepted. Photos MUST be individually marked and mounted.
Every exhibit that will be entered into evidence must be pre-marked using the Exhibit Tag/Template.
I. All exhibits that will be entered into evidence must be pre-marked using the Tag/Template
Exhibits must be securely bound with staples, Acco-type fasteners, or similar binding, and clips or rubber bands are prohibited.
H. Exhibits MUST be bound; i.e., Stapled, Acco-type fasteners, etc. Binders. Clips and Rubber Bands ARE NOT ALLOWED.
Proposed orders must be submitted in Word format through the 15th Circuit's Online Services system.
Proposed Orders should be submitted in Word Format through the Online Services System by visiting the 15th Circuit Court's Online Services page and click the online scheduling button.
DOCX
Public-record final orders must reserve a 3-by-3-inch area in the upper-right corner, use one-inch margins, and have consecutively numbered pages.
All final orders that may be filed in the public records require a 3 x 3 inch available space in the right upper hand corner; one inch margin on all sides of documents; and pages must be consecutively numbered.
Depositions and pleadings ordinarily are not marked as exhibits, but documents or pleadings for which judicial notice is sought or that are published to the jury must be marked for identification 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.
Exhibits containing multiple sections should be identified using both numbers and letters, 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.
Online-submitted proposed orders need not contain a date or signature line because the Court adds them electronically.
Orders submitted online do not need a date or signature line, as the orders will be signed and dated electronically.
Document Filing Requirements16 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
The exhibit list must use sequential numbering.
D. The exhibit list must be numbered sequentially.
Document Type
Exhibit List
A special set hearing request must identify the motion and filing date, hearing duration, Calendar Call and trial-readiness dates, and at least five dates on which all counsel and parties are available, preferably Mondays, after counsel coordinate the dates.
If you are requesting a special set hearing date in Circuit Civil Division AJ, please provide the following information by one joint email with copies to all counsel and parties of record to CAD- DivisionAJ@pbcgov.org: 1. *The motion(s) to be heard and the filing date of the motion(s); 2. The amount of time needed for the hearing; 3. The date when the case is set for Calendar Call, when the case shall be trial ready at calendar call; and 4. At least five available dates that all counsel/parties are available; preferably on a Monday. Counsel shall coordinate dates with each other and send one joint email.
Document Type
Special Set Hearing Date Request
Within 30 days after service of the Claim, an opposing party must specify each disputed line item and its legal or factual basis and identify any rebuttal expert by name and address.
Within 30 days after service of the itemized Claim required by paragraph 2 of this Order, any party opposing any part of the Claim shall respond to the movant(s) by providing specific objection to each disputed line item and the legal or factual basis for each objection. They shall also identify the name and address of any expert it intends to use in rebuttal.
Document Type
Claim Objection
If the Claim remains unresolved, the parties must file a joint report within 15 days of the meeting identifying disputed items, the parties' positions and authorities, and the requested hearing duration.
If the parties cannot resolve the Claim, they shall file a joint report within 15 days of meeting that: (a) Lists each specific line items of the Claim that remains in dispute; (b) Identifies by line item the legal or factual basis for each objection and the specific response of the movant(s) to each objection; (c) Provides legal authorities in support of each parties position, and (d) Proposes the exact amount of time necessary for an evidentiary hearing.
Document Type
Joint Report
Within 60 days, the movant must provide the opposing parties with the expert's name and address and the billing records, timesheets, invoices, and other evidence supporting the Claim.
Within 60 days, the movant(s) shall submit to the parties from whom fees or costs are sought the name and address of the fee/cost expert that will be used in support of the motion along with copies of all billing, timesheets, invoices for costs, and any other documentary evidence relating to attorneys' fees and/or court costs claimed (collectively the "Claim").
Document Type
Fee Cost Claim Disclosure
Every hearing notice must include a certificate of good-faith effort to resolve the issue without a hearing.
As set out in Local Rule 4 (PDF), ALL hearing notices shall include a certificate of good faith effort to resolve the issue and avoid the need for a hearing.
Document Type
Notice Of Motion
At least two days before trial, counsel must provide chambers with proposed jury instructions and, for disputed instructions, each party's proposal and supporting legal grounds.
At least 2 days before trial, counsel must: Provide Chambers with one set of proposed jury instructions. If any are disputed, provide each parties respective proposals and the legal grounds supporting them.
Document Type
Jury Instructions
Each notice for trial must state whether the trial is jury or non-jury, estimate its length, state when the case will be trial-ready, and provide each participant's contact information.
Each notice for trial shall include: Whether the trial will be jury or non-jury; Its estimated length; The date by which the parties expect the case to be ready for trial; The name, telephone number, mailing address and email address of each lawyer or self-represented party in the case.
Document Type
Notice Of Trial
A standard proposed order form must accompany a motion for appointment of a guardian or administrator ad litem.
At the Forms and Orders link to the right side of this web page you will find a standard proposed order form to submit with your motion for appointment.
Document Type
Motion
Cancelling a UMC hearing requires filing a Notice of Cancellation and completing the online cancellation process.
To cancel a hearing scheduled for UMC, the scheduling attorney's office must file a Notice of Cancellation and must log in to the 15th Judicial Circuit's Online Scheduling System, select "Uniform Motion Calendar "UMC" Scheduling; select "Cancel Hearings" and follow the directions on the screen.
Document Type
Notice Of Cancellation
The listed ex parte motions must be accompanied by proposed orders and served on all parties.
The following motions with proposed orders may be submitted to Chambers ex parte but not without being served upon all parties:
Document Type
Ex Parte Motion
Anyone deeming hearing materials necessary for the presiding judge’s preparation for a Special Set hearing, UMC and/or Trial must send them in hard copy to the judge’s office at least (7) seven business days before the hearing.
Any hearing materials that one may deem necessary to be reviewed by the presiding Judge Maxine Cheesman in preparation of a Special Set hearing, UMC and/or Trial must be sent (in HARD COPY) to the Judge's Office at least (7) seven business days prior to the hearing.
Document Type
Hearing Materials
Every continuance motion must include a proposed amended DCMO that resets remaining pretrial deadlines and states the month the case can be trial-ready.
Any motion for a continuance must include a proposed Amended DCMO resetting each pretrial deadline that remains applicable and indicating the month the case can be ready for trial.
Document Type
Continuance Motion
For a summary-judgment special set hearing request, counsel for each respective party should sign and file a stipulation stating whether discovery relevant to the motion's issues was completed and submit a copy with the request.
*If the motion is for summary judgment, counsel for the respective parties should sign and file a Stipulation indicating whether they concluded all discovery relevant to the issues in the motion, and submit a copy of the Stipulation along with their request.
Document Type
Summary Judgment Stipulation
After a hearing or decision, the drafting attorney should promptly prepare an accurate proposed order, seek opposing counsel's approval and timely objections, and submit the proposed order to the court or tribunal while stating whether opposing counsel agrees or objects.
Attorneys should draft proposed orders promptly after a hearing or decision and the orders should fairly and adequately represent the ruling of the court or tribunal. Attorneys should promptly provide, either orally or in writing, proposed orders to opposing counsel for approval. In response, opposing counsel should communicate promptly any objections to the drafting attorney. The drafting attorney then should promptly submit a copy of the proposed order to the court or other tribunal and state whether opposing counsel agrees or objects to the form of the order.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Evidence for evidentiary hearings and trials should be pre-marked and uploaded through the OLS to the E-evidence portal.
All evidence for each evidentiary hearings and trial should be pre-marked in accordance with the Clerk of Court's instructions and uploaded to the E-evidence portal via the OLS.
Page 1 | III. Hearings — Evidentiary Hearings
UMC hearings may be scheduled through the 15th Circuit's Online Services system.
UMC hearings may be set through the 15th Circuit's Online Services (Go to Online Services).
Page 1 | III. Hearings — 10 Minute Hearings - Uniform Motion Calendar (UMC) - Online Scheduling
Filing Timing and Cure Windows
Hearing materials must be mailed or dropped off at least seven days before the hearing.
The Court reviews hearing materials in advance via mail or drop of seven days prior to the scheduled hearing.
Page 1 | III. Hearings — Submission of Hearing Materials, Preparation and Conduct of Hearings
Responsive memoranda for a Daubert challenge must be filed and provided to the Court at least 10 days before the hearing.
Responsive memos shall be filed and provided with the motion to the Court at least 10 days in advance of hearing.
Page 1 | VII. Motions and Memoranda of Law — Evidentiary Motions (in Limine, Daubert, etc.) and Depo Designations
The UMC notice of hearing and motion must be mailed or dropped off at least seven days before the hearing to avoid cancellation.
The Notice of Hearing and Motion for UMC must be mailed or dropped off, seven days prior to the hearing to avoid cancellation.
Page 1 | III. Hearings — 10 Minute Hearings - Uniform Motion Calendar (UMC) - Online Scheduling
The OLS will not schedule UMC hearings on five days' notice or less, and cancellations must also be confirmed online.
Please note the OLS system will not allow hearings be set on 5 days or less notice. CANCELLATIONS MUST BE CONFIRMED ONLINE AS WELL.
Page 1 | III. Hearings — 10 Minute Hearings - Uniform Motion Calendar (UMC) - Online Scheduling
Dismissal papers must be uploaded to JVS within 30 days after settlement, unless the parties report what prevents closure and when closure is anticipated.
Dismissal papers must be uploaded to the Court's JVS system within 30 days of settlement or the parties shall report to the Court what is preventing the case from being closed out and when the parties anticipate it can be.
Page 1 | IX. Settlement, Dismissal or Stay Of Cases
Within 30 days after a case is fully pleaded, the parties must file a notice for trial or, if they believe the case is not ready to be set, appear for a case management conference within 30 additional days.
Within 30 days after a case is at issue, i.e. fully plead, the parties shall file a notice for trial, unless they feel that the case is not ready to be set. In that case, they shall appear for a case management conference within 30 additional days.
Page 1 | IV. Notices for Trial and Orders Setting Trial and Pretrial Scheduling
Unless additional time is granted, a proposed order must be submitted through the online system within 24 hours after an oral ruling.
After an oral ruling, a proposed order should be submitted within 24 hours (unless additional time is granted) through the online system as described in Section VIII.C, below.
Page 1 | VIII. Proposed Orders and Final Judgments — Orders After Hearings and Trials
The parties must upload the Joint Status Report through the Circuit's Online Scheduling System at least seven days before the DCM Conference.
The parties must upload the Joint Status report at least 7 days in advance of a DCM Conference through the OLS feature of the Circuit's Online Scheduling System.
Page 1 | Scheduling, Continuances and Pretrial Deadlines
Listing trial conflicts other than planned vacations or medical/family leave causes the form to be rejected and requires submission of a new form.
If the parties list other trial conflcits, the form will be rejected and a new one must be submitted.
Page 1 | VI. Calendar Call and Trial Dockets
Service and Proof of Service Rules
The plaintiff must serve the certified order through the sheriff’s office or a certified process server and file the return of service with the clerk at least 10 days before the hearing.
It shall be Plaintiff’s responsibility to secure service of a certified copy of this Order upon ___________________., through the Sheriff’s office or a certified process server and the return of service shall be filed with the Clerk of Court at least 10 days before the hearing.
Page 1 | ORDER TO SHOW CAUSE
The listed ex parte motions may be submitted to chambers only if served on every party.
The following motions with proposed orders may be submitted to Chambers ex parte but not without being served upon all parties:
Page 1 | VII. Motions and Memoranda of Law — Ex Parte Motions
The order must be served on the day it is entered.
The order shall then be served the same day it is entered.
Page 1 | VIII. Proposed Orders and Final Judgments — Service of Orders
Every writ-of-possession motion must be set on the Uniform Motion Calendar with proof of proper, timely notice to all parties, including unknown tenants.
All motions for Writ of Possession (to vacate premises) must be set at Uniform Motion Calendar with proof of proper and timely notice to all parties, including unknown tenants.
Page 1 | X. Foreclosures — Motions for Writ of Possession
Postpaid envelopes are required only for parties who are not registered for electronic service.
Envelopes with postage are now only needed for parties not on e-service.
Page 1 | VIII. Proposed Orders and Final Judgments — Service of Orders
The order provides electronic service to parties served electronically and U.S. mail to pro se parties.
Copies furnished via E-SERVICE (U.S. MAIL to pro se parties) to:
Page 1 | ORDER SETTING PLAINTIFF(S)' MOTION FOR ATTORNEY'S FEES AND COSTS ON NON-JURY TRIAL DOCKET
Courtesy Copy Requirements
A courtesy copy of the Notice for Trial should be mailed to the Judicial Assistant when requesting a trial date.
A courtesy copy of the Notice should be sent via U.S. regular mail to the Judicial Assistant for the setting of a trial date.
Page 1 | IV. Notices for Trial and Orders Setting Trial and Pretrial Scheduling
Copies of motions for rehearing, clarification, or reconsideration should be mailed to chambers for judicial review.
In accordance with Local Rule No. 6 (PDF), copies of any motion for rehearing, clarification or reconsideration should be provided to Chambers, by U.S. regular mail, for the Judge's review and determination whether to order a response or set it for hearing.
Page 1 | VII. Motions and Memoranda of Law — Motions for rehearing, clarification, rehearing and new trial
Filing Bundling Requirements
When a matter involves more than a handful of relatively short documents, the parties must provide chambers with one joint binder of hard copies by mail or hand delivery.
BUT IF YOUR MATTER INVOLVES MORE THAN A HANDFUL OF RELATIVELY SHORT DOCUMENTS: please provide hard copies to chambers IN ONE JOINT BINDER by postal system (USPS, Fed-Express, UPS etc.) or hand delivered to the 1st floor drop-box.
Page 1 | III. Hearings — Submission of Hearing Materials, Preparation and Conduct of Hearings
A proposed order must not be uploaded more than once.
DO NOT SUBMIT/UPLOAD MORE THAN ONCE.
Page 1 | VIII. Proposed Orders and Final Judgments — Online Submission of Orders
A hearing may be cancelled if the allotted time is inadequate or hearing materials are not received, requiring the parties to reset it.
If the court believes more time is needed then requested or materials not received, the hearing will be cancelled and the parties will need to reset the hearing.
Page 1 | III. Hearings — Submission of Hearing Materials, Preparation and Conduct of Hearings
Parties should not reserve hearing time for unready matters and should promptly cancel hearings that are no longer needed.
Please do not block time slots for matters not ready to be heard. Also, PLEASE give your colleagues and the Court the courtesy of timely cancelling when a hearing is no longer needed.
Page 1 | III. Hearings — Setting and Cancelling Hearings
Pre-Motion Conference Requirements
The parties and their experts must confer over every disputed Claim item within 15 days after service of the objections.
Within 15 days after service of any objections required by paragraph 3 of this Order, the parties and their respective experts shall meet for the purposes of conferring over each disputed item of the Claim.
Page 1 | Order Directing Pre-Hearing Schedule for Attorney Fees and Cost Motions
Every party must make a good-faith effort to confer and resolve the matter before setting a hearing.
All counsel shall read and strictly adhere to Local Rule 4 that applies to All hearings. Particularly important is the REQUIREMENT for EVERY party setting a hearing to FIRST confer in a good faith effort to resolve the matter without the need for hearing.
Page 1 | III. Hearings — Good Faith Conferral Prior to Filing All Motions - Eliminating Unnecessary Hearings - Strict Compliance with Local Rule 4
Adjournment & Extension Requirements
A motion to amend a case management order must state the basis and timing of the need for an extension, whether it is opposed, the requested new deadline or trial-period date and whether all parties agree, the specific actions and dates needed to meet that deadline, and reasons for good cause.
Rule 1.200(e) provides that a party may seek to amend a case management order. The motion must specify : (i) the basis of the need for the extension, including when the basis became known to the movant; (ii) whether the motion is opposed; (iii) the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties; and (iv) the action and specific dates for the action that will enable the movant to meet the proposed new deadline or projected trial period. State your reason(s) for good cause
Page 1 | WRITTEN STATUS REPORT FORM
A trial continuance requires a motion set for a DCM conference, must be filed within 30 days after the last defendant is served or when the need for continuance arises, and is permitted only for good cause.
If a case cannot be ready for trial by the Calendar Call despite all good faith efforts, a motion to continue trial must be set for a Differentiated Case Management (DCM) Conference as described in the 15th Circuit's Administrative Order 3.110 (PDF) (as amended). ... The Motion must be filed and the DCM Case Management Conference set no more than 30 DAYS from the last Defendant being served or as soon as circumstances giving rise to the need for a continuance becomes known and only for good cause.
Page 1 | Scheduling, Continuances and Pretrial Deadlines
Attorneys should grant reasonable extensions for responding to pleadings, discovery, and other matters when they will not prejudice the client or unduly delay the proceeding.
Attorneys should grant reasonable requests by opposing counsel for extensions of time within which to respond to pleadings, discovery and other matters when such an extension will not prejudice their client or unduly delay a proceeding.
Page 2 | I. Scheduling
Attorneys should cooperate with reasonable rescheduling requests that do not prejudice clients or unduly delay proceedings and should promptly offer alternative dates.
Further, attorneys should cooperate with one another regarding all reasonable rescheduling requests that do not prejudice their clients or unduly delay a proceeding and promptly offer reasonable alternative dates to reschedule a matter.
Page 2 | I. Scheduling
By agreement, the parties may extend any deadline in the Order by up to 30 days without obtaining a further court order.
To that end, the parties may, by agreement, extend each deadline imposed in this Order by up to 30 days without further Order of the Court.
Page 1 | Order Directing Pre-Hearing Schedule for Attorney Fees and Cost Motions
Chambers Communication Rules
A request for a special set hearing date must be submitted by one joint email to the Circuit Civil Division AJ email address, with copies to all counsel and parties of record.
If you are requesting a special set hearing date in Circuit Civil Division AJ, please provide the following information by one joint email with copies to all counsel and parties of record to CAD- DivisionAJ@pbcgov.org:
Page 1 | IN RE: SPECIAL SET HEARING DATES (CIRCUIT CIVIL DIVISION AJ)
A resolved or conflicting specially set hearing must be cancelled or rescheduled by email to the Judicial Assistant immediately.
If a special set motion has been resolved or a conflict arises with the hearing date and time, you must email the Judicial Assistant to cancel or reschedule the hearing. Please have the courtesy of doing so immediately so others may use the time slot.
Page 1 | III. Hearings — 15-30-60 Minute Hearings or more
The E-Calendar Call form must be emailed to the Judicial Assistant at least ten days before the scheduled E-Calendar Call.
The E-Calendar Call form must be emailed to the Judicial Assistant at Cad-DivisionalAJ@pbcgov.org , ten days prior to the E-Calendar Call date.
Page 1 | ORDER SETTING PLAINTIFF(S)' MOTION FOR ATTORNEY'S FEES AND COSTS ON NON-JURY TRIAL DOCKET
Copies of the joint report should be emailed to Chambers at CAD-DivisionAO@pbcgov.org.
Copies of the joint report should be sent to Chambers by email at CAD-DivisionAO@pbcgov.org.
Page 1 | Order Directing Pre-Hearing Schedule for Attorney Fees and Cost Motions
A special-set-hearing email must identify the motions, hearing duration, calendar-call and trial-readiness dates, and at least five dates available to everyone, preferably on a Monday.
The motion(s) to be heard and the filing date of the motion(s); The amount of time needed for the hearing; The date when the case is set for Calendar Call, when the case shall be trial ready at calendar call; and At least five available dates that all counsel/parties are available; preferably on a Monday. Counsel shall coordinate dates with each other and send one joint email.
Page 1 | New Procedure for Special Set Hearings
A special-set-hearing request must be submitted by one joint email copying all counsel and parties of record to the division email address.
If you are requesting a special set hearing date in Circuit Civil Division AJ, please provide the following information by one joint email with copies to all counsel and parties of record to CAD-DivisionAJ@pbcgov.org:
Page 1 | New Procedure for Special Set Hearings
Questions may be directed to the Clerk by calling (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
Additional time for a pretrial conference may be requested by email to the Judicial Assistant.
An email can also to be to the Judicial Assistant, if additional time is needed.
Page 1 | V. Pretrial Conferences
Do not appear in chambers for the E-Calendar Call; email the form to CAD-DivisionAJ@pbcgov.org instead.
Please do not come in for calendar call. Email your form to CAD-DivisionAJ@pbcgov.org
Page 1 | AJ Divisional News