All motions must be filed and docketed with the Clerk before a hearing can be set and may be settled by "Agreed Order" OR by setting the motion for hearing. Please contact opposing counsel before contacting the Judge's office.
Standing Orders for Division D/DR
Standing orders for Division "D/DR" can be found under Divisional Forms & Orders
E-service of Orders
Division D/DR is currently e-serving orders to attorneys/parties that have registered their primary and secondary e-mail addresses with the 15th Circuit. Please make sure you are registered for judicial e-service.
Please note: the filing of a "Notice of E-Mail Designation" does not register you for Judicial E-Service. You must register through Online Services.
Compliance With Local Rule 4
Local Rule 4 has been amended effective July 18, 2017, and now requires attorneys to “make reasonable efforts to actually speak to one another” in a genuine effort to narrow disputes before seeking court intervention.
Scheduling of Hearings
5-10 minute motion hearings, including motions to withdraw capias and petitions to seal and expunge, are heard Monday and Thursday at 9:30 a.m. and may be set without the permission of the JA. Please be sure to check our periodically updated Suspension Calendar when setting short motion hearings and file your notice of hearing with the Clerk of Court, with proper notice to all parties. Any motion needing more than 10 minutes of hearing time may be set by contacting the JA at the divisional email address firstname.lastname@example.org to request hearing time.
Note: Please be sure to check our Suspension Calendar frequently as it is subject to change.
Motion to Recall Capias
May be set on Monday and Thursday at 9:30 a.m. The motion must outline reasons for the failure to appear. Defendant must be present unless stipulated by counsel. If motion to recall capias is agreed to by the parties, the moving party may submit an "Agreed Order" with a new court date within the order, to the Judge for review at the divisional email address cad-division@pbcgov in WORD format.
Motion for Continuance
Defendant/Defense Motion for Continuance must be accompanied by a waiver of speedy trial, UNLESS the case is reset for 1-2 weeks AND prior to expiration of speedy trial. Please check for agreement of the state on all motions to continue before contacting the Judge's office. If motion to continue is agreed to by the parties, the moving party may submit an "Agreed Order" with a new court date within the order, to the Judge for review at the divisional email address cad-division@pbcgov in WORD format.
Please note: Motions to Continue that are filed untimely and do not leave time for processing, may be addressed at the time of the scheduled hearing.
Agreed Orders to Continue OR Recall Capias MUST reference the parties' agreement and MUST have a new agreed court date within the court order putting the case back on the Court's docket. Please do not leave the court date blank, the orders MUST have a new court date within the order or it will be returned.The language of all Agreed Orders must be approved by all parties before submitting the order to the Judge. Agreed Orders may be e-mailed to the divisional e-mail address email@example.com and MUST be in WORD format
Please note: Agreed Orders to Recall Capias and to Continue MUST have a new court date within the order. Do not leave the court date blank or the order will be returned.
Notice of Appearance
A Notice of Appearance without a Waiver of Speedy Trial will not be set in the normal course. The case will likely be set within a week.
Telephonic Appearance for Hearings
Telephonic appearance is allowed for hearings based on the reason for the request. All motions for telephonic appearance should be filed timely with the Clerk with a copy sent to opposing counsel and the Judge's office, along with a proposed order.
Correspondence With The Court
Communication with the Court must be in writing, via proper motion, and filed with the Clerk's Office, with a copy to all parties. Telephone calls, emails and notes to the Judge will not be considered proper motions.
- ALL ORDERS MUST BE RECEIVED IN "WORD FORMAT" ONLY**
- Orders sent to the Court by email will be served to the parties by e-mail ONLY.
- All orders must state a mailing and email address for each party for service.
Attorneys should draft proposed orders and the orders should fairly and adequately represent the ruling of the Court. Attorneys should promptly provide proposed orders to opposing counsel for approval. In response, opposing counsel should communicate promptly any objections to the drafting attorney. The drafting attorney should promptly submit a copy of the proposed order to the court (IN WORD FORMAT) and state whether opposing counsel agrees or objects to the form of the order. (See Standard IV(5), The Palm Beach County Bar Association's Standards of Professional Courtesy and Civility.)
Pursuant to Administrative Order 2.306 all parties' names and addresses must be included on all orders and/or judgments.
In addition, pursuant to Administrative Order 3.204 the title of every order or judgment submitted shall contain the subject matter. No order or judgment shall contain a signature page that does not include a portion of the text of the order or judgment.
NOTE: Pursuant to Rule of Judicial Administration 2.520, court documents must have at least a 1 inch margin, be in 12 point ADA accessible font, and the pages must be consecutively numbered.
For documents recorded in the Official Records, there must be a 3x3 inch margin in the upper right hand corner of the first page of the document.
Requests for Emergency Hearing
Motions for Emergency Hearing should be filed with the clerk. A courtesy copy of the motion along with a proposed Order (in WORD FORMAT) should be sent to the Divisional email address CAD-DIVISIOND@pbcgov.org. Judge Damico will determine whether an emergency exists and, if so, shall schedule a hearing, enter any ex parte order deemed necessary, or take any other appropriate action.
Divisional email address firstname.lastname@example.org