Fifteenth Judicial Circuit of Florida, Palm Beach County Pre-Motion Conference Requirements

The parties and their experts must hold a remote conference to discuss the specific fee and cost objections no later than five days before Calendar Call.

Both parties and their respective experts shall meet, via remote conference, to discuss the specific objections to the fees and costs being claimed no later than five (5) days prior to Calendar Call.

After conferring, the movant must schedule a hearing for every contested nondispositive motion within five days of filing or the motion may be deemed abandoned without further notice or hearing.

As required under the DCMO's, after the parties have met and conferred, the movant must schedule for hearing all contested, non-dispositive motions within five (5) days of filing. Failure to schedule a hearing within five (5) days may result in the Court deeming the motion(s) abandoned without further notice or hearing.

Before filing, the movant must confer by telephone with opposing parties, including self-represented parties, in good faith and identify that conferral in the proposed order.

Before filing, movants must confer by telephone with opposing parties including self represented parties in a good faith effort to resolve the issues raised in the motion and indicate the same in the proposed order.

If the scheduling order so directs, the movant must request a conference with the court before filing a motion for an order relating to discovery.

(v) direct that before moving for an order relating to discovery, the movant must request a conference with the court;

Movants must make a good-faith conferral effort with opposing parties before filing a non-dispositive motion.

Before filing a non-dispositive motion, movants must confer with opposing parties in a good faith effort to resolve the motion.

Every Daubert motion must be scheduled and heard before trial begins.

All Daubert motions shall be scheduled and heard prior to the commencement of the trial.

A motion must be filed and docketed with the Clerk before a hearing date may be provided or set.

Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.

A request to use communication technology for an evidentiary hearing or trial witness appearance must be made by motion.

Requests to use communication technology for an appearance any evidentiary hearing or witness for trial must be made by motion.

Mediation on the temporary relief sought must occur after filing the motion and before a temporary-relief hearing will be scheduled.

Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled.

Mediation on the temporary relief sought must occur after the motion is filed and before a temporary-relief hearing is scheduled.

Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled Administrative Order 5.207.

Parties must confer before filing every motion.

In addition to Local Rule 4's requirement to confer before setting a hearing, parties are expected to confer before filling all motions.

Counsel must actually communicate to satisfy the good-faith conference requirement.

GOOD FAITH CONFERRALS REQUIRE COUNSEL TO ACTUALLY TALK.

A motion requiring more immediate attention must be set by a manually noticed hearing agreed to by the parties.

If the motion requires more immediate attention, it must be set through a manual notice by agreement of the parties.

Motions for rehearing, clarification, or new trial must not be set for hearing unless the court directs otherwise.

DO NOT set motions for rehearing, clarification or new trial to be heard unless directed to do so by the Court.

Before filing a discovery motion or seeking court intervention, counsel must speak in person or by telephone and make a genuine effort to compromise; the court encourages filing discovery objections without a motion when it can rule directly.

If a discovery dispute arises, counsel must actually speak to one another (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking Court intervention. No discovery motions shall be filed until after the parties have engaged in this process. The Court encourages filing the discovery objections without a motion if the Court can simply review the request and objection in order to rule, thereby saving the parties unnecessary briefing and expense.

A party seeking exclusion under Daubert must file a motion specifically identifying the grounds for the challenge.

Any party seeking to exclude evidence under a Daubert analysis shall file a motion with the court specifically identifying the basis for the Daubert challenge.

All Daubert motions must be scheduled and heard before the trial docket begins.

All Daubert motions shall be scheduled and heard prior to the commencement of the trial docket.

Before filing a discovery motion or seeking court intervention, counsel must communicate in person or by telephone and make a genuine effort to compromise; the court encourages filing the objections alone when they are sufficient for ruling.

If a discovery dispute arises, counsel must actually speak to one another (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking Court intervention. No discovery motions shall be filed until after the parties have engaged in this process. The Court encourages filing the discovery objections without a motion if the Court can simply review the Page 5 of 6 ===== PAGE 6 ===== request and objection in order to rule, thereby saving the parties unnecessary briefing and expense.

A criminal Zoom appearance is permitted only after conferring with the Assistant State Attorney, confirming hearing duration, and obtaining a court order.

You may not appear by Zoom unless you have: Conferred with the Assistant State Attorney, Pam Ford: (561/624-6632) (pford@sa15.org), and Confirmed the length of time for the hearing, and You have received an order from this Court.

A motion requiring an evidentiary hearing cannot be decided without holding that hearing.

No motions requiring an evidentiary hearing will be determined without a hearing.

Before seeking court intervention or filing a discovery motion, counsel must speak in person or by telephone and make a genuine effort to compromise and resolve the dispute.

If a discovery dispute arises, counsel must actually speak to one another (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking Court intervention. No discovery motions shall be filed until after the parties have engaged in this process.

Before filing and serving a notice of hearing, the noticing attorney must attempt to resolve the matter and certify that the attempt was made in good faith.

Prior to filing and serving a Notice of Hearing for a Uniform Motion Calendar hearing or a specially set hearing, the attorney noticing the motion for hearing shall attempt to resolve the matter and shall certify the good faith attempt to resolve.

Counsel must make reasonable efforts to communicate in person or by telephone and pursue reasonable compromises to resolve or narrow disputes before seeking court intervention.

The term "attempt to resolve the matter" in paragraph 2 shall require counsel to make reasonable efforts to speak to one another (in person or via telephone) and engage in reasonable compromises in a genuine effort to resolve or narrow the disputes before seeking Court intervention.

Email or other written communications may be used, but if they do not resolve the matter, counsel must make reasonable efforts to speak in person or by telephone before filing and serving the notice of hearing.

The requirements of this rule do not preclude the use of e-mail or other written communication in an effort to resolve a pending motion. Compliance with this rule, including "making reasonable efforts to speak to one another" in person or by telephone before filing and serving a Notice of Hearing is required when e-mail or other written communication efforts are unsuccessful.

Failure to make a good-faith resolution attempt may result in the motion being stricken or sanctions being imposed, although the court may waive the requirement in appropriate circumstances.

Failure to make a good faith attempt at resolving the issues may, in the Court's discretion, result in the motion being stricken from the Uniform Motion Calendar **or specially set hearing** and/or the imposition of sanctions. The Court may waive the good faith attempt at resolving the issues in appropriate circumstances.

Before requesting a special-set hearing, the motion must be docketed, availability must be cleared with interested parties, and an email request must be sent to the Division.

1. file/ docket the motion; 2. confer with all interested parties to gauge availability for the hearing, and to clear the hearing date and time ultimately provided by the Court for reservation; and 3. send an email request to the Division email: CAD-DivisionAD@pbcgov.org to obtain a special set hearing date and reservation.

Every motion must be filed with the Clerk of Court before requesting a hearing date from the Judicial Assistant.

All motions must be filed with the Clerk of Court prior to contacting the Judicial Assistant for a hearing date.

Mediation on the temporary relief sought must occur after the motion is filed and before a temporary-relief hearing will be scheduled.

Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled.

Mediation must occur before the court will consider a notice of trial.

A MEDIATION must occur before the notice of trial will be considered.

Before calendaring a motion, the noticing party or counsel must attempt to resolve it and certify that the attempt was made in good faith.

Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve.

A motion must be filed and docketed before requesting a hearing, after which the moving party must email the Judicial Assistant and copy all parties.

Motions must be filed and docketed with the Clerk BEFORE a hearing time is requested. Upon the filing of a motion, an email request for a hearing must be sent to the JA, with a copy to all parties.

A Notice of Hearing may be filed only after the moving party receives the Judicial Assistant's confirmation email containing the hearing date and time.

The JA will then send an email with the confirmed date and time of hearing, and the moving party will be advised to file a Notice of Hearing. Notices of Hearing may be filed only after a confirmation email with the hearing date and time has been received from the JA.

Before setting a special-set hearing, the requesting party must comply with Local Rule 4, confirm availability, and confer with the opposing party.

The Parties must comply with Local Rule 4. The party requesting a hearing must confirm availability and confer before setting the Special Set hearing with the opposing party.

All counsel and self-represented litigants must make a good-faith conference effort before filing a motion.

The Court requires that all parties comply with the division instructions and make a good faith effort to confer prior to filing motions, which applies to all counsel and self-represented litigants.

Before filing a reconsideration, rehearing, or new-trial motion, all parties must confer in good faith, and the motion and proposed order must so indicate.

All parties must make a good faith effort to confer to resolve matters in whole or in part prior to filing the motion, which must be indicated in the motion and proposed form of order.

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.

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.

Before an evidentiary hearing on a motion to reopen is scheduled, the case must be set for a Tuesday-morning status check through the Judicial Assistant.

Motions to Reopen, prior to scheduling an evidentiary hearing the case MUST be set for a status check on the Tuesday morning docket. Please Contact the Court's Judicial Assistant for dates and times.

Every motion to withdraw must be set for a UMC hearing with proper notice to the client and all parties or attorneys.

All motions to withdraw must be set for a UMC hearing with proper notice to the client in accordance with Fla. R. Jud. Admin. 2.505(f)(i), and all parties/attorneys.

An emergency motion may not be set for hearing unless the court grants leave.

Emergency motions shall not be set for hearing without leave of Court.

The parties must specially set a Daubert motion for hearing before the trial docket begins.

Daubert motions shall be specially set by the parties and heard prior to the commencement of the trial docket.

Before requesting a CMC or pretrial conference, the requesting party must confer with opposing counsel and file a joint statement addressing the required pretrial matters.

The requesting party must have a telephone or zoom conference with the other party's counsel to discuss and include in the motion any outstanding motions that have been filed and requests to be heard prior to trial and all matters set forth in Family Rule of Procedure 12.200 and file a joint statement addressing all of the above.

Parties must hold a remote conference before an evidentiary hearing to discuss evidentiary and witness stipulations.

Parties must have had a remote conference prior to the evidentiary hearing to discuss evidentiary and witness stipulations.

Before setting a matter on the motion calendar, the noticing party must attempt to resolve it and certify the good-faith attempt.

Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve.

Every Daubert motion must be scheduled and heard before trial begins.

All Daubert motions shall be scheduled and heard prior to the commencement of the trial.

A good-faith meet-and-confer is required before filing a non-dispositive motion.

Before filing a non-dispositive motion, movants must confer with opposing parties in a good faith effort to resolve the issues raised in the motion.

Counsel must schedule a meet and confer among all counsel within 60 days after the first defendant or respondent is served.

and shall schedule a Meet and Confer with, and among, all such counsel within 60 days of the first Defendant/Respondent being served.

Counsel must re-confer after all responses and replies are filed and limit the hearing to unresolved issues.

The Court expects counsel to re-confer after all responses and replies have been filed, to ensure that only those issues which require Court resolution are set for hearing.

During pre-filing resolution efforts, all parties must act courteously and professionally and respond promptly to counsel who initiates the effort.

All parties are to act courteously and professionally in the attempted resolution of the disputes prior to filing and serving a Notice of Hearing including responding timely to counsel who initiated the attempt to resolve the matter.

The movant's attending attorney and any attorney covering the hearing must be prepared to explain to the court the conference efforts made when opposing attorneys have not spoken.

The attorney attending the hearing on behalf of the movant, as well as any attorney who is covering the hearing for another attorney, shall be prepared to specify to the Court the efforts made to confer when the parties' attorneys have not spoken.

The UMC is reserved for motions of 5–10 minutes or less and requires the party to confer under Local Rule 4 before filing.

Reserved for short motions that are 5-10 minutes or less, which can be set by a party that has complied with Local Rule 4 that requires parties to confer prior to filing a motion.

An ex parte motion to compel discovery does not require a hearing if it complies with Administrative Order 3.202.

For ex-parte motions to compel discovery, a hearing is not necessary if the Motion is in compliance with A.O. 3.202.

Counsel must reconfer after all responses and replies are filed so that only issues requiring court resolution are set for hearing.

In addition, in this Division, counsel is directed to re-confer after all responses and replies have been filed, to ensure that only those issues which require Court resolution are set for hearing.

By mutual agreement, the parties may opt out of the ESI discovery order if the procedures are inapplicable, but only by a written stipulation signed by all counsel and filed within 60 days of service on the first defendant or respondent.

If the parties determine by mutual agreement that, owing to the limited nature of the issues and/or circumstances likely involved in the case, the ESI discovery procedures and considerations outlined below are entirely inapplicable, the parties may opt out of compliance with this Order after service of the same has been completed. Election to opt out shall be by written stipulation signed by all counsel and filed with the Court within sixty (60) days of the first Defendant/Respondent being served with the Order.

Before the Meet and Confer, counsel must compile proposed keyword search terms and search parameters for discussion and assess whether phased review or a more advanced search methodology should be proposed.

20. Compile a list of proposed keyword search terms and phrases for discussion at the Meet and Confer as well as any other search parameters, such as Boolean modifiers, limiting time frames, custodian or user groups, and excludable file types. Also consider whether there is a basis for suggesting the parties pursue a phased or prioritized approach to some or all of the likely ESI at issue and whether a more sophisticated search methodology should be considered, such as algorithm-based technology assisted review.

Before the Meet and Confer, counsel must consider and prepare proposed confidentiality and clawback agreements and assess whether the parties can share an eDiscovery vendor.

21. Consider and prepare proposed confidentiality agreements and claw back agreements for consideration at the Meet and Confer and whether one eDiscovery vendor can be shared between the parties to centralize processing and review and cut down on costs.

The anticipated ESI issues should determine the Meet and Confer's time, attendees, and preparation, and an appropriately knowledgeable client representative should almost always attend or be immediately available by phone.

22. Meet and Confer: The intensity of the reasonably anticipated ESI issues should generally dictate the scope of the Meet and Confer in terms of time set aside, necessary persons in attendance, and prepared materials and information on hand. A client representative with appropriate knowledge should almost always be in attendance or immediately available by phone.

The good-faith resolution and certification requirement does not apply when either the moving or non-moving party is self-represented.

The requirements of this rule do not apply when the moving party or non-moving party is pro se.

A compliant ex parte motion to compel discovery does not require a hearing.

No hearing is necessary if the Motion is in compliance with Administrative Order 3.202.