AK Divisional Instructions

Judicial Practices and Procedures

Last updated 07/15/2026

James Sherman, Judge
Donna Francis, Judicial Assistant

Table of Contents

A. Communications with the Judicial Office

Method of Communication:

Division E-mail

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).

Ex parte Communications:

All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct. All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

Unsolicited Communications:

Parties may contact the Court's assistant by phone, but email is the preferred method of communication. Parties may only contact the judicial office in accordance with these practices and procedures. Unsolicited communications from non-parties will not be considered by the court.

E-Filing Portal Contact Information:

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.

Response to Inquiries:

The judicial assistant is not authorized to provide legal advice.

When the judicial assistant is out of the office, your message will be acknowledged as received by an auto-generated response with an indication of when to expect a substantive response and an alternate contact for immediate assistance.

B. Scheduling Procedures

Court Schedule:

The uniform motion calendar takes place every Tuesday, Wednesday, and Thursday at 8:30 unless court is suspended.

Case Management Conferences may be requested and are conducted on Friday mornings. Parties may set Case Management Conferences on the court's UMC if they feel it is appropriate given the time limitations.

This division maintains a six week trial docket with multiple weeks designated for special set hearings. The trial list is posted in the Trial Docket tab of this website. Parties may be called out of order based upon the number of days available.

Scheduling Hearings:

Hearings of 30 minutes or less must be scheduled through the Court's Online Services. Hearings of more than 30 minutes must be scheduled by e-mailing the judicial assistant and copying opposing counsel and any self-represented litigant.

New hearing blocks are opened around the first working day of every month. The Court also adds additional time throughout the month as availability opens/re-opens. Only if parties are unable to identify a hearing date and time on OLS, the scheduling party may e-mail the judicial assistant, copying opposing counsel and any self-represented litigant, to coordinate scheduling the hearing.

Prior to scheduling a special set hearing online, you must have previously filed your motion and you must clear the hearing date and time with ALL parties. Online available dates are not to be selected and scheduled until all parties confirm their availability. Selecting and scheduling a special set hearing date to "hold" for coordination is not permitted.

One (1) motion only may be scheduled at a 15 minute hearing; a second motion may be cross-noticed in a 15 minute slot as long as they may both be heard within the time alotted. Please see instructions below for scheduling hearings longer than 30 minutes. Parties are not permitted to stack hearing times on OLS to create a hearing slot that is more than 30 minutes.

It is unnecessary to set motions for special set hearing on the court's UMC as all scheduling is done through OLS or by the judicial assistant.

Parties should not copy the court on their conferral emails when scheduling a hearing. Only copy the court on the request for dates and once a date has been agreed to.

Scheduling Special Set Hearings (more than 30 mins):

Special set hearings of more than 30 minutes must be requested by sending an email requesting the hearing to the Judicial Assistant via email at CAD-DivisionAK@pbcgov.org with all parties copied on your request.

Your email should 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. In addition, parties must include in their letter a single list of dates/times that all parties are mutually available in the following 60 days from the date of the letter. Please include as many mutually available dates/times as possible.

Notice of Hearing:

A notice of hearing must be filed and served immediately after reserving hearing time, if not scheduled by the parties through OLS. When special set hearings are scheduled through OLS, an order setting hearing is automatically generated for entry by the court. UMC hearings set through OLS do not automatically generate orders, so notices must be served by the setting party.

A notice of hearing involving any remote appearance must list the division's Zoom information.

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.

When scheduling hearings through OLS please include more than just a generic description of the motion to be heard (i.e. motion for summary judgment, motion in limine). The docket entry number of the motion should be included.

Parties must notify the Judicial Assistant via email at the time of scheduling if a hearing will be evidentiary in nature.

Submission Deadlines:

The court must receive all materials for the hearing no later than three (3) business days before the hearing. Hearing materials may be sent by mail or delivered to the Judge's mail box at the security desk.

Order of Proceedings:

Matters will generally be heard in the order in which they appear on the docket, but the court reserves the right to call matters on UMC out of order.

Motions for Approval of Minor Settlements will be called last during UMC.

Continuance Procedure:

Motions for continuance must state with specificity:

1. the basis of the need for the continuance, including when the basis became known to the movant;
2. whether the motion is opposed;
3. 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
4. the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

Cancelling Hearings:

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.

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C. Remote Appearance

Special set hearings scheduled online shall be conducted via Zoom with the following exceptions, though parties may attend in person:

• Trial
• Evidentiary Hearings
• Hearings in excess of 60 minutes
• Show Cause hearings that expressly require in-person attendance in the Order

Remote Appearance Procedure:

The court maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely for non-evidentiary hearings, as provided by Florida Rule of General Practice and Judicial Administration 2.530. Requests to use communication technology for an appearance must be made by motion. Evidentiary hearings are in-person, though witnesses may appear via Zoom by proper motion or agreement of the parties.

Motions for trial testimony by Zoom must be filed before pre-trial conference, though the parties can agree to it at any time.

Court reporters must be present in the courtroom for in-person hearings. The court does not allow court reporters to appear by Zoom for matters set for in-person hearings because of the difficulty caused by placement of the microphones.

Platform Used:

The court uses Zoom for remote appearances.

Platform Meeting ID#:

Meeting Link: Join Meeting
Meeting ID: 896 9618 5484 (no passcode required)

For telephone appearance:
+1 8778535257 US Toll-Free
+1 8884754499 US Toll-Free

Requirements:

Any person appearing remotely must be in a private location that is quiet and free from distractions. Under no circumstances will a participant be permitted to appear remotely from a moving vehicle.

Any person appearing remotely must dress and behave professionally in the same manner as if physically present in the courtroom.

Any person appearing remotely must mute the person's microphone when joining the proceeding and keep the microphone turned off until instructed otherwise by the court.

If a witness appears remotely, the party calling the witness must ensure the witness has a functioning camera and microphone and has tested the internet connection before the hearing. The oath will be administered in accordance with Florida Rule of General Practice and Judicial Administration 2.530.

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D. Submission of Orders and Judgments

Format:

All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.

Agreed orders should be labelled as agreed orders when uploaded into the system.

Submission Method:

All proposed orders must be submitted to the court by upload through the Court's Online Services.

Deadline for Submissions:

Proposed orders must be submitted no later than one week after any hearing, unless another time is given by the court following a hearing. The court reserves the right to require matters be reset for hearing if orders are not timely submitted.

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E. Courtesy Copies of Case Law and Other Documents

When Required:

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.

Format:

Courtesy copies must be submitted in three-hole punched binders printed on 8.5 x 11-inch paper.

Submission Method:

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.

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F. Emergency and Other Urgent Matters

Requirements:

Pursuant to Administrative Order 3.206, the Judge will decide whether the reasons set forth in a motion for emergency hearing constitute an actual emergency. Generally, motions should not be filed on an emergency basis unless irreparable harm is likely to result if the motion is not given prompt attention. Motions to cancel foreclosure sales should be filed as emergencies. If the Judge determines that the motion does allege a bona fide emergency, he will take whatever action deemed appropriate, including entry of an ex-parte order if permissible by law.

Parties should file Emergency Motions sparingly. Urgent matters that do not rise to the level of emergencies may be added to the Court's UMC docket with the Court's permission by emailing the Court's Judicial Assistant at CAD-DivisionAK@pbcgov.org.

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.

Scheduling:

If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

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G. Exhibits for Evidentiary Proceedings

Submission Method:

The court prefers that exhibits and copies of exhibits be brought to the hearing. However, parties may deliver to the Judge's mail box at the security desk or mail all printed exhibits to the judge's chambers prior to hearing. Parties are advised that hand-delivered and mailed copies may not be processed and delivered to the judge or the clerk before the hearing if they are not delivered sufficiently in advance.

Original Notes should be delivered to the Clerk's office, not the judge's chambers.

Format:

All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial, unless delivered in advance.

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H. Pretrial Procedures and Conferences

Case Management Conference (CMC):

Any party may request a CMC when a case requires.

The court strongly encourages the early use of CMCs in more complex cases, multiple-party litigation, or any case that might benefit from court intervention. Cases assigned to the complex track will be set for routine case management conferences.

Unless excused by the court in advance, all CMCs are mandatory for attorneys and self-represented litigants. Parties represented by counsel are not required to appear at a CMC.

Requirements:

Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

Other Procedures Relating to Pretrial Procedures and Conferences

At pre-trial conference, the court will walk through the procedures for trial.

All personal conflicts during the trial period must be listed in the Case Information Sheet for calendar call. Any personal conflicts not listed on the case information sheet will not be excused at the pre-trial conference absent compelling circumstances.

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I. Setting Case for Trial

Procedure:

All cases are set for calendar call at the time of filing. The Court generally calls the oldest cases for trial first, but reserves the right to go out of order in its discretion and to ensure enough days have been set aside to accommodate the trial.

Notice Period:

For information pertaining to Calendar Call and the court's trial schedule please view the Trial Docket and Trial Period Calendar.

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J. Forms

Access:

Division forms are available for download on the Division AK Forms and Orders page.

Usage:

Division forms must be used for all relevant filings.

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K. Other Division Procedures

Motions for Temporary Injunctions

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. Please be sure to copy all parties, if applicable. The petitioner should request a preliminary case management conference to discuss scheduling.

Motions in Limine

Motions in limine may be heard once the case has sufficiently progressed, but given the high demand for special set time, the parties should be selective in the types of motions they specially set. A list of the pending Motions in Limine including how much time is needed for hearing should be included with the Case Information Sheet submitted for E-Calendar Call.

Once a list of motions in limine is submitted for a specially set hearing, the Court may elect to rule on the papers on as many as the Court deems appropriate. Before ruling on the papers, the Court will order that any responses be filed to allow the responding party an opportunity to respond.

Daubert motions must be heard prior to calendar call and may be set by contacting the Court's judicial assistant and requesting a hearing prior to calendar call.

Motions for Attorney's Fees and Costs

If entitlement has not been found, a hearing on entitlement must be set first. If entitlement has previously been found or if entitlement is not being contested, an evidentiary hearing on reasonableness may be set by emailing the Court's Judicial Assistant at CAD-DivisionAK@pbcgov.org. When emailing the Court to schedule a fee hearing, the movant shall request entry of a Preliminary Order for fee discovery. The Court will then simultaneously enter a Preliminary Order with the Order Setting Hearing on reasonableness. Reasonableness hearings may not be set through the online scheduling system.

Your letter should include: case number and style, the names and contact information for all parties, and must note if entitlement has been found or is not being contested. If entitlement has not been found, please include the amount of time requested for the entitlement hearing.

PARTIES SHOULD NOT REQUEST A FEE HEARING UNTIL AN ORDER FINDING ENTITLEMENT HAS BEEN ENTERED BY THE COURT.

Default Final Judgments:

Motions for entry of default final judgment should be set for UMC, with notice to all parties. The Court generally does not enter default final judgments without a hearing.

Withdrawal of Counsel:

All Motions to Withdraw must be set for a UMC hearing, with proper notice to the client, in accordance with Florida Rules of General Practice and Judicial Administration 2.505(f)(i), and all parties/attorneys. Once granted, the parties should utilize the form available in the Forms section of these divisional instructions.

Settlement or Dismissal of Cases:

If a case settles or is voluntarily dismissed and there are future hearings or a trial scheduled on the Court's docket, please provide the Judicial Assistant with a courtesy copy of an e-filed Notice of Settlement or Dismissal immediately by email at CAD-DivisionAK@pbcgov.org to allow the Court to free up hearing/trial time for other cases.

Parties are directed to file appropriate dismissal papers including the Final Disposition Form (see Form 1.998) as required by the Florida Rules of Civil Procedure 1.545. Parties may submit an Order of Dismissal electronically through the Online Schedule System. Parties will only be excused from hearings if the file has been closed by the Clerk of Court PRIOR to the hearing date or by a written court order. Dismissal documents must address all defendants, counterclaims, cross claims, third party claims etc.

Motions for Rehearing, Reconsideration, or Relief from Judgment:

Motions for rehearing, reconsideration, clarification, for relief from judgment, and motions for new trial, may not be set for hearing online. Please file the original with the Clerk and provide a copy with supporting authority to the Judicial Assistant via email to be reviewed by the Judge.

Issues Taken Under Advisement:

The Court endeavors to have orders on all matters taken under advisement entered within 30 days of either the hearing or the submission of proposed orders, whichever is later. In the event a matter has been under advisement for more than 30 days from the later of the above, the parties should set the matter for a status conference on the Court's UMC.

Rulings on the Papers:

The Court accepts submissions for ruling on the papers. The parties should follow the below procedure.

1. The parties must stipulate to submission on the papers in writing or via email.

2. 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:

   1. The motion
   2. Any response
   3. The operative complaint and answer(s) (if any)
   4. A written stipulation or email reflecting agreement by the parties
   5. Proposed Orders for each side (must be in Microsoft Word)

   The parties should indicate the docket entry numbers of the relevant filings in the email.

3. Simultaneous with the email, the parties must upload a proposed order in OLS titled "Order Accepting Submission for Ruling on the Papers." 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.
4. 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."
5. The Court will only consider the filings attached to the motion. Subsequent replies or supplements will not be reviewed. Accordingly, the parties must ensure all parties agree with the submission before sending the email.

ADA Accommodations:

If you need an ADA accommodation, please contact the ADA Coordinator at 561-355-4380 or email ADA@pbcgov.org.

Information on ADA accommodations can be found on the Court's ADA Information page.

Interpreter Requests:

In civil cases, the parties are responsible for bringing their own interpreter.

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