AN Divisional Instructions

Amended as of January 29, 2026

Division "AN" Zoom Information

Providing Judge Kerner with the Hearing Materials

Special Set Hearing Requests

When requesting a special set date from the court, please be sure that the e-filed Motion, with the Response and/or any relevant Reply(s) are SENT AS HARDCOPIES to the court with a cover letter indicating that all materials have were provided along with the electronic submission of the standard order setting through the online scheduling system. The party seeking the hearing must inform all Parties of the matter(s) provided to the court prior to making a request for a special set hearing. After submitting hardcopies of all necessary materials, Parties must then submit the standard order setting hearing through the online scheduling system with the time requested matters to be heard and docket entry numbers completely filled out for review. The date of hearing and time of hearing sections shall be left blank as the court shall review and may assign the next available time slot, if all steps were completed properly and all hardcopies received. If documents are incomplete when received or the prior steps not completed in their entirety, a date may not be provided from the court. Parties may schedule a Case Management Conference set onto Uniform Motion Calendar to discuss with the court whether a matter may be permitted to be specially set without a filed Response and/or Reply.

Specially Set Hearings

HARDCOPIES OF ALL motions, responses, replies, briefs, memoranda and case law or other legal authority for special set hearings MUST be provided to the Judge's Judicial Assistant, at least TEN (10) BUSINESS DAYS prior to the scheduled special set hearing. A failure to timely provide the information to the court may result in a cancellation or the resetting of the special set hearing. If cancelling a Special Set Hearing, you may submit a proposed Agreed Order for the court's consideration. Special Set Hearings are set by Court Order and cannot be cancelled except by further Order of the court.

Uniform Motion Calendar

All notices of hearing, motions, responses, replies, briefs, and memoranda must be filed with e-courtesy sent to the court. The court will print up to twenty-five (25) pages of hearing materials that are sent by e-courtesy to the court for Uniform Motion Calendar. If the number of pages for the totality of the documents exceed the limit of twenty-five (25) pages, then hardcopies of the materials MUST be provided to the Judge's Judicial Assistant at least SEVEN (7) BUSINESS DAYS prior to the scheduled Uniform Motion Calendar.

Scheduling of Hearing In Division "AN"

Hearings including but not limited to Uniform Motion Calendar, Case Management Conference, and Special Sets in Division "AN", shall take place via Zoom Conference, unless an objection to utilizing Zoom is filed with the Clerk of Court in a timely manner prior to the scheduled hearing or unless otherwise instructed by the court. ALL BENCH TRIALS AND JURY TRIALS ARE HELD IN-PERSON IN COURTROOM 10 H AT 205 NORTH DIXIE HIGHWAY, WEST PALM BEACH, FLORIDA, 33401, unless otherwise instructed by the court.

IMPORTANT NOTE: When requesting a special set date from the court, please be sure that the e-filed Motion, with the Response and/or any relevant Reply(s) are sent as hardcopies to the court prior to making a request for a special set hearing. The movant must inform all Parties of the matter(s) provided to the court prior to making a request for a special set hearing. After submitting hardcopies of all necessary materials, Parties must then submit the standard order setting hearing through the online scheduling system with the time reserved, matters to be heard and docket entry numbers completely filled out for review. The date of hearing and time of hearing sections may be left blank as the court shall review and may provide the next available time slot if all steps were completed properly and all hardcopies received. If documents are incomplete when received or the prior steps not completed in their entirety, a date may not be provided from the court. A CMC may be set before the court to discuss whether a matter may be permitted to be specially set without a filed Response and/or Reply.

Division "AN" utilizes the Online Scheduling System to set hearings such as DCM Case Management, Uniform Motion Calendar, Case Management Conferences and Special Sets (through the submission of the standard Order Setting). DCM Case Management Conference (approximately 5-10 minutes for each case), and Uniform Motion Calendar (approximately 5 minutes per side), are available for Parties to externally schedule matters before the court. Special Set hearings have time increments of 15 minutes, 30 and/or 60 minute for Parties to select from when submitting the standard order setting through the online system. If you are seeking a hearing time that exceeds 60 minutes, the requesting party shall submit hardcopies of a written request to the court, including the name and file date of the Motion(s), the Response(s), and/or Reply(s), the amount of time being requested, whether said hearing will be evidentiary in nature or not and a list of availability dates within the timeframe that the party seeks to have the hearing. Parties must also make a submission of the standard order setting hearing made through the online scheduling system stating if the matter is evidentiary with the following completely filled out for review: time reserved, matters to be heard and docket entry numbers.

NOTE: If any counsel, or party is not registered with the court's online scheduling system. Please register to the court's online scheduling system. If the party has no electronic devices, you may utilize the law library at 205 North Dixie Highway, West Palm Beach, FL or the party may make a written request which shall be sent manually by U.S. mail to the court's attention with a copy to all counsel/ parties of record.

All communications to the court shall be copied to all counsel/ parties of record (including electronic correspondence).

For evidentiary hearings and non-jury trials, the parties should stipulate to the admissibility of evidence for which the admissibility is not reasonably contested. Division "AN" participates in the electronic submission of litigants exhibits. If the parties are unable to utilize this technology, the party shall provide hard copies of all intended exhibits, evidence or demonstrative aids to the court ten (10) days in advance of an evidentiary hearing or trial (unless otherwise determined by the court). All exhibits should be pre-marked using the Circuit Civil pre-marking guidelines/ label template at www.mypalmbeachclerk.com.

If witnesses will be called to give testimony, the court requires that such appearances be pre-arranged with appropriate instructions and protocols to join the hearing as displayed on the signed Order. Oaths for any evidentiary hearing or non-jury trials shall be administered remotely in accordance with Supreme Court Administrative Order AOSC20-106.

Uniform Motion Calendar

Uniform Motion Calendar in Division "AN" is scheduled for every Tuesday, Wednesday and Thursday of every week, exclusive of legal holidays and the court's suspension dates. UMC hearings must be non-evidentiary in nature and can be heard in approximately 5-10 minutes. Matters that do not fit the requirement may not be heard and ultimately be removed from the calendar. UMC begins promptly at 8:30 a.m. and will continue until 9:30 a.m. The court has increased the number of available slots on the system to allow for additional attention to non-evidentiary matter(s) that may be heard in the allotted time. Adding additional matters onto a full UMC is NOT permitted unless otherwise instructed by the court. All UMC hearings are conducted remotely using zoom technology, unless litigants agree that in person appearance is necessary and they receive approval to make in-person appearance by the court. The standard information including link, Meeting ID, Passcode and Toll Free Number for Zoom Meeting for Division "AN" MUST be included within the Notice Setting UMC Hearing.

Upon entering the UMC via ZOOM, please mute your audio (located at the bottom of your ZOOM screen) until your case is called by the Judge Kerner (at which time you will unmute your audio). All counsel/parties who scheduled their hearing on the UMC through the court's online scheduling system are expected to be in attendance and shall wait for their case to be called in the ordinary course of UMC.

The following matters SHALL NOT be noticed for UMC, but MUST be specially set for hearing:

• Disputed Post-Judgment collection matters
• Motions to Dismiss (that will take more than a total of 10 minutes to be heard)
• Motions for Contempt
• Motions for Sanctions
• Disputed Motions for Attorneys' Fees
• Motions for Rehearing and/or Reconsideration (these motions are only set upon approval of the court)
• Contested Motions for Summary Judgment
• Any motions requiring evidence to be taken, or findings to be made by the court, unless expressly permitted herein.
• Any hearing of any nature reasonably requiring more than five (5) minutes per side to argue.

Please note: The court does not allow the act of "piggy backing" Motions onto UMC. "Piggy Backing" Motions consist of adding a multitude of Motions for a case onto one UMC date; which does not allow for other cases to have adequate time to have their matter heard. No more than one Motion for each scheduled case may be heard at a particular UMC date.

If cancelling a UMC hearing is necessary, it is incumbent upon the movant to prepare and file a Notice of Cancellation with the Clerk of court and provide a copy of the notice to all parties of record. Second, the parties 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. If you receive a message that you are unable to cancel the hearing, you are in the wrong place. Please go back and follow the instructions above. Then, kindly provide the Judge a notice of the cancellation at CAD-DivisionAN@pbcgov.org.

Suspension Calendar

The court's docket is suspended for the following dates: Suspension Calendar

Submission Of Proposed Orders/Agreed Orders

Proposed Orders should be provided by the drafting attorney/party, either orally or in writing, to the opposing attorney/party for approval. In response, the opposing attorney/party should communicate promptly any objections to the drafting attorney/party. Upon submission, the drafting attorney/party should state whether the opposing attorney/party agrees or objects to the form of the order. See Palm Beach County Bar Associations' Standards for Professional Courtesy and Civility. A failure to provide this contextual information to the court may result in the deletion of the proposed Order without notice. Please submit your orders in Microsoft Word format. It is preferred that you DO NOT use tables or macros.

Orders Submitted Following a Hearing

If the Court directs an attorney to prepare and submit an order after a hearing, the order must state the date the hearing was held. All parties must have reviewed the order before it is submitted through Online Services. Please include a cover letter (as a supporting document) stating that all parties have reviewed the order and are in agreement with the form of the order. If parties are not in agreement with the form of the order, that must be noted in the cover letter to the judge.

The judge may also direct parties to submit competing orders. Please include a cover letter (as a supporting document) stating that opposing counsel will also submit an order. Judge Curley will review and sign the order that reflects the Court's ruling.

Agreed Orders

All proposed orders including Agreed Orders shall be submitted through the court's Online Services system. Proposed Orders should NEVER be uploaded, nor submitted to the court prior to the scheduled hearing unless in the form of an agreement which should be clearly stated in the body of the proposed Agreed Order. Moreover, the submitting party may NOT SUBMIT duplicate copies of a proposed Order, absent the court's approval.

All parties must be registered with Online Services and in full agreement to submitting court documents and orders via the online system. If any party is not registered with the court's Online Services, court documents and orders must specify the complete name and mailing address of each person who is to receive copies to ensure that all non-registered parties are properly served.

If the parties are submitting a proposed Order of Dismissal, Order Specially Setting Hearing, Ex Parte Orders, Orders of Substitution of Counsel, and/or other orders which require the court to review additional documents, such shall be attached thereto (when submitting the Order online)

All orders must include the complete mailing address and email address of all parties for service. See Administrative Order 2.306.

No order or judgment shall contain a signature page that does not include a portion of the text of the order or judgment. Please check and preview your documents before submitting your orders online and/or otherwise. See Administrative Order 3.204.

If cancelling a Special Set Hearing, you may submit a proposed Agreed Order for the court's consideration. Special Set Hearings are set by court Order and cannot be cancelled except by further Order of the court.

Setting Your Case For Trial

If your case has is not placed onto a trial docket by a DCM Order Implementing please proceed by conferring with all Parties to select and submit the appropriate DCM Order Implementing through the online system to be placed onto a trial docket.

If there are "pro se" parties involved in the case and/or if any of the parties are not registered for online scheduling system, you must mail a copy of the signed DCM Order Implementing including the self-addressed stamped envelopes for those parties to the court by U.S. Mail (not by e-mail). Further, all Orders must include the mailing address, email address, and telephone number for each party.

Division "AN" is currently setting trials for the following docket period:

Trial Period: May 11 – July 3, 2026
E-Calendar Call: May 1, 2026at 9:00 A.M.

Orders implementing differentiated case management plan, designating case to a track, order setting e-calendar call and case management conference and directing further procedures

Pursuant to the 15th Judicial Circuit's Administrative Order 3.107 cases filed after September 1, 2023 will receive one of the three attached Default Orders which directs them to the Divisional Instructions.

1. Order implementing Differentiated Case Management plan, designating case to the general track, order setting calendar call and case management conference and directing pretrial and mediation procedures (DCMGJT)
2. Order implementing Differentiated Case Management plan, designating case to the streamlined track, order setting calendar call and case management conference and directing pretrial and mediation procedures (DCMSNT)
3. Order implementing Differentiated Case Management plan designating case to the expedited track, order setting calendar call and case management conference and directing pretrial procedures (DCMENT)

Upon receipt of one of the three above Orders, please review Division AN's Instruction provided below pertaining to:

Scheduling, Continuances and Pretrial Deadlines

DIVISION AN requires the submission of the E-Calendar Call form(s) on the date provided in the latest DCMGJT, DCMSNT, DCMENT Order(s). Each E-Calendar Call due date has a designated Trial Period in which the case(s) will be heard. There are no appearances necessary for the submission of the E-calendar call.

Trial Continuances

If a case cannot be ready for trial by the E-Calendar Call despite all good faith efforts, a motion to continue trial must be set for a Differentiated Case Management (DCM) Conference or Uniform Motion Calendar as described in the 15th Circuit's Administrative Order 3.107 (as amended). Any motion to continue the trial must comply with Fla. R. Civ. P. Rule 1.460, including verifications signed by the client(s). The Motion must be filed and the DCM Case Management Conference or Uniform Motion Calendar 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. Every 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.

DCM Case Management Conferences

DCM Case Management Conferences are scheduled through the Circuit's Online Scheduling System under DCM- Case Management Conference Scheduling. No less than ten (10) days in advance of the DCM Conference the parties must file with the Clerk a Joint Status Report that: 1. Concisely updates the court on the status of the case, and 2. Identifies pending motions and other matters the court needs to address, and 3. If applicable, provides a proposed revised pretrial schedule. The parties must upload the Joint Status report at least 7 days in advance of a DCM Conference through the e-courtesy feature of the Circuit's Online Scheduling System. The parties are to be prepared at the DCM Conference to address the topics listed in Rule 1.200(a) and for the court, at its discretion, to hear or set for hearing any pending motions.

* The DCM Case Management Conference Dates become Available at the beginning of every other month, allowing for scheduling prior to the DCM Case Management Date.

E-Calendar Call Forms

The E-Calendar Call Forms are attached below by hyperlink. Please be sure to send the completed form through email to CAD-DIVISIONAN@PBCGOV.ORG by 9:00 a.m. on the due date for the assigned trial docket.

Rolling Trial Dockets

If Parties were not reached on a prior trial docket, proceed by submitting the Order Rolling Case onto Next Trial Docket through the online scheduling system. This order does not extend deadlines but will place the case onto the upcoming trial docket as indicated in the language of the standard Order Rolling located under AN Forms and Orders. Please be sure to input the accurate upcoming trial docket dates, otherwise the order shall be rejected. Submission of the Order Rolling must be completed prior to the first week of any trial docket to be included in the desired trial docket.

Foreclosure Matters

Effective July 1, 2019: Section 45.031 and Section 45.032, Florida Statutes have been amended with corrective language as to Final Judgment, Publication of Sale, and Disbursement of Proceeds. See also Administrative Order 3.316-12/17.

Motions to Cancel and/or Reschedule a Sale Date are set for hearing on UMC Calendar and must be set with sufficient time prior to the scheduled date of foreclosure sale. See Administrative Order 3.301-5/21. Sale dates will be provided at the time of the hearing. Plaintiff or Plaintiff's attorney must prepare a Notice of Sale and send a copy to all parties on the case. This step is not required to be conducted in the courtroom. Notices of Sale may be emailed to the designated newspaper for publication. The original must be filed with the Clerk of Court. Notices should include sale date, billing information, signature of Plaintiff or Plaintiff's attorney, sale location (i.e. palmbeach.realforeclose.com), time of sale and all other information as required by F.S. Section 45.031(2). If there is an agreement on the Motion to Cancel and/or Reschedule Sale, Parties may submit the Agreed Order through the online system with a comment as to how many days out the rescheduled sale date is being requested for.

All contested Summary Judgments in a Foreclosure Matter MUST be specially set for hearing.

Appointment of Guardian Ad Litem/ Administrator Ad Litem: The court utilizes a wheel system for appointing pre-approved attorneys. DO NOT send any orders with names of attorneys who are not pre-approved attorneys.

Original Promissory Notes and Mortgages are routinely filed as exhibits in foreclosure trials, and Plaintiffs are usually required to either present the original promissory note (and mortgage) at trial, or if otherwise alleged in the Complaint, re-establish the lost note. If the original note (and mortgage) is in the court file, please direct your email inquiry to CAD-SRJDTrials@pbcgov.org at least 5 days prior to the trial date to notify the court to make the request to the file clerk (for the court file) in advance of the trial date. Do Not Send Any Original Documents to the Court. See also Administrative Order 3.311-04/12 regarding disposal of foreclosure trial exhibits.

Settlement Or Dismissal Of Cases

If the entire case has settled, please notify the Court immediately at CAD-DivisionAN@pbcgov.org. In the event that there may be specially set hearings already scheduled, please submit an order of cancellation through the online scheduling system and notify the Court so the hearing time can be released and recycled for another case. Please also cancel any UMCs using the directions in the Uniform Motion Calendar section.

IMPORTANT NOTE: A notice of settlement or a mediation report indicating agreement does not close the case. The notification must be followed up by necessary and appropriate formal paperwork. Submit orders of dismissal of cases through the online system.

Emergency Motions And Motions For Reconsideration/Rehearing

Emergency Motions and Requests for Emergency Hearing

Pursuant to Administrative Order 3.206, the parties shall not set motions for emergency hearing online unless directed to do so by the Court. All such motions must be filed with the Clerk and a copy sent via email to CAD-DivisionAN@pbcgov.org with all parties copied. Judge Kerner will review and decide whether the reasons set forth in a motion for emergency hearing constitute an emergency. If the judge determines that the motion does allege a true emergency, he will take whatever action he deems appropriate, this may include setting a hearing or the entry of an ex-parte order, if permissible and warranted under the law. If the judge determines the matter is not deemed an emergency, then an order will be sent from the court including denial language.

Motions for Reconsideration/Rehearing or Relief-from-Judgment Motions

In accordance with Local Rule No. 6, the following post-judgment rehearing or relief motions may not be set for hearing online by the parties (unless directed to do so by the Court):

• Motions for rehearing/reconsideration
• Motions for clarification
• Motions for new trial

Parties must file the motion with the Clerk and provide a copy with supporting authority via email to CAD-DivisionAN@pbcgov.org for review by Judge Kerner. The judge will review the motion and determine whether to rule on the motion, order a response, or set the motion for hearing.

Miscellaneous

Local Rule 4

The court expects strict compliance with Local Rule 4. Prior to setting a matter for hearing, the party or attorney noticing the motion/matter shall attempt to resolve the matter and shall certify the good faith attempt to resolve. All notices of hearing for matters scheduled for hearing shall set forth directly above the signature block, the below certifications without modification and shall designate with a check mark or other marking the specific certification which applies:

Counsel has conferred with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised.
or
Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so.

Judicial E-Service

Please note that the filing of a "Notice of E-Mail Designation" does not automatically register parties for Judicial E-Service. Persons must register his/her primary and secondary email addresses with the 15th Circuit through Online Services to participate in the Online Scheduling System and Judicial E-Service. Failure to register may result in orders being sent by default to (an) the email address on file with The Florida Bar. Do not add a party's email to documents if he/she is not registered for Online Services (e.g. pro se parties) unless he/she has opted in or registered with the court for online services.

If a party is not registered on the Online Scheduling System, parties are required to submit all proposed orders via U.S. Mail with sufficient copies and self-addressed, stamped envelopes for all parties to be properly served; unless that non-registered party has filed and registered a written designation for e-service of all court documents. See Administrative Order 2.310. If a party is no longer involved in the case, he/she shall immediately update his/her profile and follow the necessary steps to remove his/her email from the Clerk and the court's systems.

No Ex-Parte Communications

The court cannot and will not accept any ex parte communication/ personal correspondence on a case. If you have a matter to bring to the court's attention, please file the proper Motion with the Clerk of Court, and provide/serve a copy of said Motion to all parties and/or counsel in the case. Pro Se Litigants may go to www.mypalmbeachclerk.com to seek information on locations of Self-Help Centers and other resources to assist him/her in understanding the court's procedures and in obtaining proper forms and information on filing the proper motion.

Self-Represented Litigants

Self-represented, pro se litigants are required to comply with all relevant procedural rules and substantive law as are attorneys, both in Court and in their written submissions to the Court. These include standards of professionalism and courtesy.

The judicial assistant is not permitted to give legal advice. Self-represented litigants may go to www.mypalmbeachclerk.com to seek information on locations of Self-Help Centers and other resources to assist with understanding the Court's procedures and obtaining proper forms and information on filing the proper motion.

Self-represented litigants may also contact Legal Aid of Palm Beach County (561) 655-8944 or the Palm Beach County Bar Association (561) 687-2800 for possible assistance with legal matters.

Court Reporters

Court reporters are not provided by the Court for civil matters. It is up to the parties to arrange for court reporters, if they wish.

As required under the DCMO, the moving party shall be the party responsible for securing the presence of a court reporter. The moving party shall advise all parties in writing in advance of the hearing or trial of the arrangements made, if any, for the presence of a court reporter, or shall advise all parties in advance of the hearing or trial that the moving party has chosen not to obtain a court reporter.

The court reporter is required to file the "Court Reporter Appearance" form. See A.O. No. 2.504-1/25.

IMPORTANT NOTE: In the event that a party is appearing in person in the courtroom, the court reporter must be present in the courtroom as well.

Interpreters

As required under the DCMO, any party needing the services of an interpreter, or calling a witness that may need the services of an interpreter, is responsible for ensuring a competent interpreter is present for any hearing or trial.

Changes to Redaction of Confidential Information Now in Effect

As of July 1, 2021 all filers of circuit civil, county civil and small claims court documents are now solely responsible for ensuring that confidential information is redacted or is identified for redaction. See the Florida Supreme Court amended Rule 2.420. See also Changes to Redaction of Confidential Information Now in Effect.

Formatting of Recorded Documents

All documents that need to be recorded in the public records (e.g. final judgments (consent final judgments, default final judgments, summary final judgments, and amended final judgments), orders of dismissal, voluntary dismissals, orders vacating final judgments, orders cancelling sales, orders setting aside, amending or vacating certificates of title, writs of garnishment) must comply with Rule of Judicial Administration 2.520 to accommodate recording space.

These documents must have a 3" by 3" space at the top right hand corner on the first page and a 1" by 3" space at the top right hand corner of subsequent pages. Additionally, all documents filed with the Clerk of Court must have a 1" margin on all sides to accommodate the Clerk's date and time stamp.

Motions in Limine and Deposition Designations

The Court will not entertain boilerplate, non-case-specific motions in limine prior to trial. These include motions which do no more than require the Court and opposing counsel to follow the law, or seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument, or expressing personal beliefs. If these issues arise during trial, they may be raised contemporaneously via objection.

All case-specific motions in limine as well as objections to deposition designations shall be scheduled and heard in compliance with the deadlines in the DCMO, and prior to calendar call.

Mandatory Compliance with Administrative Order 3.204-9/08 & Local Rule No. 3

The following documents must be in compliance with Supreme Court Order no. SC13-2384 amendments to Florida rule of judicial administration 2.520(d), which requires 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.

1. All orders for dismissal and notices of voluntary dismissal
2. Final judgments (summary, default or consent)
3. Orders granting motion to amend final judgment
4. Amended final judgments
5. Orders vacating final judgments
6. Verdict forms
7. Any other closing documents

See Administrative Order 3.204 and Local Rule 3.