Notice To All Parties In Unified Family Court
The following are the policies of General Magistrate Peter Bassaline for Unified Family Court.
All parties are expected to know and obey these policies.
Uniform Motion Calendar
Uniform Motion Calendar is held on Wednesday from 8:45 A.M. to 9:30 A.M. If a matter takes more than 5 minutes per side or requires the presentation of evidence, then it should be specially set and not placed on the U.M.C. Calendar. The piggybacking of multiple motions should be avoided.
Child Support and Non-Child Support Matters
Child Support Matters
The General Magistrates have inherent jurisdiction over child support establishment, enforcement and modification proceedings pursuant to Florida Family Law Rules Of Procedure, Rule 12.491 and our local Administrative Order {this includes items in the nature of health insurance for the parties' children, health care expense payment/reimbursement and child care as well as life insurance to secure same}. No Order of Referral to General Magistrate should issue as to a child support matter; however, pursuant to Ferencz v. Ferencz, 897 So. 2d 558 (Fla. 2nd DCA 2005), if the subject matter referred is in the nature of child support and attorney's fees are sought, an Order of Referral to General Magistrate needs to issue. In such an instance, to avoid unnecessary Objection to an Order of Referral to General Magistrate, if attorney's fees are an issue, the Order of Referral to General Magistrate should state: "The attorney's fees component of this Motion (or Petition) is the sole subject of this Order of Referral to General Magistrate."
Non-Child Support Matters
All items not otherwise identified as child support by Court order and/or the parties' marital settlement agreement require an Order of Referral to General Magistrate pursuant to the Florida Family Law Rules, Rule 12.490. The Order must identify the General Magistrate by name, and by the exact title of the motion or petition and the filing date. In all cases involving Counsel, it is Counsel's obligation to prepare the Order of Referral to General Magistrate and to submit it to the Circuit Court Judge for signature.
All orders of referral to the General Magistrate must reflect "Room 1418" under the case number and division. Each motion/petition must be referred to the general magistrate by a separate order of referral. The court will no longer accept orders of referral, which refer multiple motions/petitions to the general magistrate.
Objections to Orders of Referral to General Magistrate
Objections to an Order of Referral to General Magistrate should be furnish to the General Magistrate and the objection should identify the date the Order of Referral to General Magistrate was filed and the date and exact title of the Motion or Petition that was referred.
"No Referral" List
Prior to scheduling any Unified Family Court Hearing be certain to check the "No Referral" List contained in Administrative Order 5.104 to ensure that the matter referred is appropriate for hearing by the General Magistrate.
Scheduling, Continuances, and Cancellations
U.M.C. Hearings
These hearings must be properly noticed to opposing Counsel or the opposing party if the party is pro se. Currently, U.M.C. Hearings can be by Zoom if the parties properly comply with Rule 2.530 of the Florida Rules of General Practice and Judicial Administration. If the parties comply with the Rule, then they may use the following static Zoom Link when noticing a matter for hearing on the U.M.C. calendar. Zoom Meeting Link Meeting ID: 843 2832 2218. Please send a courtesy copy of the motion, notice of hearing, and relevant order of referral to the Magistrate's assistant by email. Please check the Magistrate's suspension calendar.
Evidentiary Motion Hearings
Any request for an evidentiary hearing must be in writing sent by email and must include a copy of the Motion with the filing date stamped on it, and a copy of the signed Order of Referral to General Magistrate, if one has issued. No hearing will be scheduled without proof that the Motion has been filed with the Clerk of the Court. The Magistrate’s office will then send an email with three proposed dates. Using those three dates, the party who requested a hearing shall pick one of the dates with the other party or parties WITHOUT copying the Magistrate, and then only the party who requested the hearing shall advise the Magistrate of the agreed upon date and time by email. When advising the Magistrate of the agreed upon date and time, the email sent to the Magistrate should reflect that it has also been sent to the other party or parties and shall affirmatively represent that the other party has agreed to the date and time specified in the email. If you do not pick one of the three dates, you must conference call the Magistrate’s office with the other side and with open calendars. A hearing date will then be chosen during the conference call. Additional dates and times will not be sent by email and the parties should not send additional emails requesting additional times and dates. The parties are advised that the three dates are not held and are claimed the those who respond first.
Emergency Hearings
If a matter is emergent, as defined by case law and the Circuit's Local Rules, then, by definition it is not appropriate for referral to General Magistrate but should be referred to the presiding Circuit Judge for processing and immediate action. If the Circuit Judge deems same non-emergent and refers it to a General Magistrate it shall be set in the normal course.
Non-Jury Trials - Petitions
A Non-Jury Trial will be scheduled by the General Magistrate as part of the case management process when a Notice to Set Cause for Trial is filed by counsel or a party. The Notice for trial must identify the petition sought to be heard by its exact title and the date it was filed. The notice must also identify the date of filing of the Order of Referral, and the date of filing of the Answer filed in response to the petition. If any of these are not included, the notice may be stricken.
Civil Contempt/Enforcement Hearings
If a Party wants to submit documents at the time of the hearing for the Court's consideration, then that Party shall bring TWO (2) COPIES of that document; one for the Court and one for the other Party. If a Party is seeking enforcement of child support, alimony, health insurance premiums, medical expense reimbursement, day care/summer camp costs, etc., which are NOT paid through the State Disbursement Unit (SDU) in Tallahassee, then the Party seeking enforcement shall prepare a detailed organized, itemized, and summarized statement for the Court and opposing party indicating the total of the items that has been paid, what has not been paid, and what if any reimbursement is due. Said Party shall also provide the Court and opposing party with a copy of the supporting bills, canceled checks, credit card receipts, etc.
Continuances
Any request for continuance must be in writing, co-signed by the Client, and noticed for Hearing on the U.M.C. Calendar. Alternatively, if the continuance is agreed to by opposing Counsel, Counsel may submit an agreed continuance order for the Court's consideration. The submission of an agreed order for continuance does not guarantee a continuance will be granted and the Court might set a hearing on the agreed order.
Cancellations
Cancellations may occur under either one of the following mechanisms:
- By submitting an Agreed Order that resolves the pending matter; or
- By filing a Notice withdrawing the pending motion or by filing a Notice of Voluntary Dismissal of the pending petition.
General Magistrate's "Global" Jurisdiction
Once a petition or motion is referred to the General Magistrate with "all related matters thereto", all discovery issues, procedural motions/matters, motions in limine, etc., as well as any motion for continuance is to be heard by the General Magistrate and does not require additional orders of referral. It is the function of the General Magistrate to alleviate and assist in the Circuit Judge(s) caseload, part and parcel of which is the global disposition of all ancillary motions/issues pertaining to the underlying action or motion previously referred.
Telephonic Appearances/ Testimony
Parties must comply with Rule 2.530 of the Florida Rules of General Practice and Judicial Administration and Rule 12.451, Fla. Fam. L.R.P. The cost of the telephonic appearance, if long distance, will not be borne by the Court.
Exhibits
An appropriate number of exhibits for submission to the Court and for the opposing party should be copied and prepared in advance of hearing or non-jury trial. It is not the obligation of the General Magistrate or his staff to provide photocopy services at hearing or non-jury trial.
Closure/Disposition of Motions And Modification Actions
Any "Agreed Order" or "Agreed Judgment" disposing of a pending MOTION or SUPPLEMENTAL PETITION should in its title and the body thereof direct the Clerk of the Circuit Court to report the MOTION or SUPPLEMENTAL PETITION as "CLOSED" for statistical reporting purposes. Likewise, a FINAL DISPOSITION form should accompany the closure of all modification actions.
Exceptions and Motions to Vacate:
Exceptions under Rule 1.490, Fla Rules of Civil Procedure
The original Exceptions should be filed with the Clerk of the Circuit Court and a courtesy copy furnished to the General Magistrate for his reference, review, and corrections, if any. If the General Magistrate does not think any action needs to be taken on the Exceptions, to correct or amend the Report, then he will submit a copy of the Exceptions, his Report and a proposed Order to the Judge for action, with a copy of the cover memo being furnished to the Counsel of record, and if none the opposing party. Upon receipt of your copy of the Memo it is the Counsel's obligation to contact the presiding Judge to schedule the Exceptions Hearing. Make certain that the Circuit Judge is furnished with either the Hearing transcript or C.D. tape/transcript within the time frame in advance of the hearing pursuant to the Florida Family Law Rules Of Procedure, Rule 12.490. You can obtain the CD tape/transcript by contacting the Court Reporters Office at (561) 355~6328.
Motions to Vacate under Rule 12.490 & 12.491
The original Motion to Vacate should be filed with the Clerk of the Circuit Court and a courtesy copy furnished to the General Magistrate for his reference and review, and corrections, if any. If the General Magistrate does not think any action needs to be taken on the Motion to Vacate, to correct or amend the Recommended Order, then he will submit a copy of the Motion to Vacate to the Judge for action, with a copy being furnished to the Counsel of record, and if none the opposing party. Upon receipt of your copy of the Memo it is the Counsel's obligation to contact the presiding Judge to schedule the Motion to Vacate Hearing. Make certain that the Circuit Judge is furnished with either the Hearing transcript or tape within the time frame in advance of the hearing pursuant to the appropriate Rule.
Status Inquiries
Do not have a party, client or that person's spouse, significant other, parent or friend call to inquire about the status of a pending ruling or otherwise discuss the status of a Report or Recommended Order. No inquiry should be made by Counsel or Counsel's staff as to the status of a matter earlier than 30 days from the date of hearing, unless the matter has been deemed emergent by the General Magistrate and a date in advance of 30 days for completion of the Report or Recommended Order has been promised by the General Magistrate.
Translators
It is not the obligation of the Court to furnish a translator in any family division proceedings. Please be certain to make the appropriate arrangements in advance of hearing or non-jury trial. The translator may not be a friend or family member but must be a Court certified translator.
General Courtroom Conduct And Behavior
All Court proceedings shall be conducted with dignity, decorum, courtesy and civility.
The use of cellular telephones, pagers, ipods, video and voice recording devices, and other forms of electronic equipment are prohibited in the hearing room. All cellular telephones and pagers must be turned off prior to entering the hearing room. Failure to comply with this order may result in the initiation of contempt proceedings against you by the court.
Children In Court: Pursuant to Rule 12.407, of the Florida Family Law Rules of Procedure: "No minor child shall be deposed or brought to a deposition, to court to appear as a witness or to attend a hearing, or be subpoenaed to appear at a hearing without the entry of a prior order of the court authorizing same, based on good cause shown unless in an emergency situation."
The Clerk of the Circuit Court has a Self-Service Center located at the Palm Beach County Judicial Complex, 205 N. Dixie Highway, Room 2.2200, West Palm Beach, FL 33401, and in the Clerk's offices at each annex or satellite location where you can purchase forms and can make an appointment to speak with an attorney who can answer some questions and offer legal guidance; however, the center's staff is neither your attorney, your legal advisor, nor your office support staff.
Contact with Judges, General Magistrate and Hearing Officers' office: A Pro Se Litigant is authorized to contact the judicial officer's office by telephone on matters related to the Court's schedule and attendance in Court. There is no other authorized purpose to contact the judicial officer's office. Visiting the judicial officer's office is not permitted because it disrupts the working routine in the office. Judicial and legal assistants assist judicial officers. It is not their duty to either listen to the parties about the facts of their case or their complaints, or give advice on what to do.
All requests to speak to the judicial officers on the telephone or have a private conference WILL BE REFUSED. Letters written to the judicial officers which offer or seek to discuss evidence in the case or attempt to influence the judicial officer's decisions in the case are strictly forbidden by ex parte rules governing verbal and written communication.
The role, function of, and limitations on General Magistrates is specifically described in Rule 12.490, Florida Family Law Rules of Procedure.
The role, function of, and limitations on Child Support Hearing Officers is specifically described in Rule 12.491, Florida Family Law Rules of Procedure.