E Divisional Instructions

Judicial Practices and Procedures

Last updated 06/22/2026

Mailing/Physical Address:
205 N. Dixie Highway
West Palm Beach, FL 33401
 

Table of Contents

A. Communications with the Judicial Office

Method of Communication:

Division E-mail - CAD-DivisionE@pbcgov.org

All communications to the judicial office should be submitted by e-mail to CAD-DivisionE@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 MM 001234 – State v. Defendant – 2-Hour Hearing Requested).

Ex parte Communications:

All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

The Judicial Assistant is not permitted to answer legal questions, give advice, or relay any messages or information to the Judge. You may speak to the Judge in court and only with your Attorney (unless pro-se) and the State Attorney present. Any ex parte communications will be returned, as it cannot be read, considered, or acted on by the Judge. Ex-parte communications are also subject to being filed of record by the Court.

Unsolicited Communications:

There are only two (2) parties to a criminal case: (1) State of Florida, and (2) the Defendant. The Defendant is almost always represented by Counsel. The Office of the State Attorney acts on behalf of the Plaintiff and Counsel for the Defendant acts on behalf of the Defendant, unless the Defendant is pro se. No other person may contact the judicial office to request an action be taken in a case.

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.

If a non-party is requesting something be done in the case, the attorneys of record should be contacted.

Any documents, records, character references, or sentencing recommendation letters should not be sent directly to the judicial office, but instead to Counsel.

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 pursuant to Florida Rules of General Practice and Judicial Administration 2.516.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Florida Rules of General Practice and Judicial Administration 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

Response to Inquiries:

The judicial assistant strives to substantively respond to all inquiries within one business day. If the judicial assistant is unable to substantively respond within one business day, your message will be acknowledged as received with an indication of when to expect a substantive response and alternate contact for immediate assistance.

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

The judicial assistant is not authorized to provide legal advice. For assistance, you may contact the Clerk's Self-Service Center at 561-355-7048 located on the first floor of the Judge Daniel T.K. Hurley Courthouse. Additionally, the Palm Beach County Bar Association has a lawyer referral and information service at 561-687-3266.

Other Communication Procedures:

All email communications sent to the Court are public records subject to disclosure pursuant to applicable Florida Statute(s).

All persons shall be professional and civil when contacting the Judicial Office, specifically when contacting the Judicial Assistant.

B. Scheduling Procedures

Court Schedule:

Uniform Motion Calendar:

Monday, Thursday, and Friday (hearings less than 5 minutes)

  • 8:30 a.m. – In-Custody and Private Counsel
  • 9:00 a.m. – Public Defender and Pro Se

Calendar Call:

Typically every other Friday @ 9:30 a.m.

  • Jury Trials are scheduled during the two weeks immediately following Calendar Call, generally on Tuesdays and Wednesdays at 8:30 a.m. Your case may be placed on 2-hour call at the Calendar Call and will be called up based on trial calendar schedule.
  • At Calendar Call, parties must be prepared to discuss witness availability, projected length of trial, and any pre-trial matters that need to be addressed. Defendants must be present at calendar call absent prior approval by the Court. The Court will not accept a negotiated plea after calendar call absent a showing of very good cause. The Court WILL NOT accept a negotiated plea on the day of trial absent a showing of extraordinary circumstances.
  • Trial Orders are entered in cases set for Calendar Call. Please see Trial Order filed in your case for specific duration of trial period as some trial periods are three (3) weeks rather than two (2).

Special Set Hearings:

Mondays or Thursdays at 1:30 p.m. or later, or as time permits on Tuesdays and Wednesdays depending on trial schedule.

Deferred Prosecution Agreements / DPA Status:

Thursdays @ 2:00pm on Zoom

Scheduling Hearings:

  • Status Checks, Plea Conferences, and Motions of 5 minutes or less, except as outlined below, may be set on the Uniform Motion Calendar. All parties must comply with Local Rule 4 prior to setting any hearing.
  • Parties must check the division's suspension calendar prior to scheduling a hearing on the Uniform Motion Calendar.
  • Any hearing set that is not in compliance with Local Rule 4 will be stricken sua sponte by the Court without notice.
  • All Motions to Suppress, Motions in Limine, Bond Hearings, Restitution Hearings, Evidentiary Hearings, or hearings requiring longer than 5 minutes MUST be specially set.
    • Special Set Hearings should be requested by email to CAD-DivisionE@pbcgov.org. The request should include the amount of time needed for each party's presentation, as well as a filed copy of the motion.

Notice of Hearing:

  • A notice of hearing must be filed and served immediately after reserving hearing time. The matter will not be placed on the docket by the Clerk of Court until a Notice of Hearing is properly filed.
  • 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.
  • All notices of hearing must contain language that counsel has complied with Local Rule 4.
  • A copy of your filed Notice of Hearing must be sent to the divisional email and copied to the opposing party.

Submission Deadlines:

The court must receive all materials for the hearing, including any responses, case law, memorandum, etc. no later than three (3) business days before the hearing. If any document is more than 20 pages, please provide a hard copy to the Judge by the deadline.

Order of Proceedings:

Matters using the services of Court Interpreters will generally be heard as soon the Interpreter arrives and will generally be taken before other matters if the case is ready to be called. If the services of an interpreter are requested, counsel should be prepared with all paperwork and utilize the interpreter's time efficiently. If the services of an interpreter are not actively being used while present in the courtroom, the Court will excuse the Interpreter until the matter is ready. Once the Interpreter is excused from the courtroom, the matter will not be called until the Interpreter is able to return, which could take an extended amount of time.

Matters involving in-custody defendants will generally be heard before other matters.

Matters involving parties appearing in-person will generally be heard before parties appearing on Zoom.

Continuance Procedure:

Motions for continuance must be in writing and shall 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).

Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance.

Motions to Continue Calendar Call and/or Trial must be filed and scheduled for hearing, in compliance with Local Rule 4, PRIOR to the scheduled Calendar Call.

Cancelling Hearings:

Hearings in criminal cases may only be cancelled and/or rescheduled with permission of the Court. Parties wishing to cancel a hearing must email CAD-DivisionE@pbcgov.org, copying the opposing party, for further instructions on cancelling hearings.

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C. Remote Appearance

Remote Appearance Procedure:

All hearings in Division E, with the exception of the DPA Status Check docket, are scheduled for in person appearances in Courtroom 9H (Main Branch).

• Pursuant to Florida Rule of General Practice and Judicial Administration 2.530, parties may request to appear remotely for Case Dispositions or Status Checks. All requests to appear remotely must be made by motion. Movant shall submit a proposed order regarding the request through OLS. The link for Online Services (OLS) is below, under the "Submission Method" section.

The Division E Zoom is only opened when an Order has been entered for approved remote appearance for that specific date/time. If no Order has been entered, Zoom will be unavailable.

Upon having a signed Order allowing remote appearance, you may request the appropriate zoom link and instructions by email to CAD-DivisionE@pbcgov.org.

All Deferred Prosecution Agreement Status Check(s) are generally scheduled on Thursday afternoons at 2:00 p.m. and all parties may appear remotely without prior approval or Order. To facilitate an open remote appearance for all parties, the Court has a separate Zoom Meeting specifically for the DPA afternoon docket.

Platform Used:

The Court uses Zoom remote platform for remote appearances.

Platform Meeting ID#:

Meeting ID for morning docket is only available by email with a signed Order allowing remote appearance.

Please use the below listed Zoom instructions for the DPA afternoon docket:

Meeting Link: Zoom Link
Meeting ID: 890 9398 7362
(No passcode required.)

Please Note: This Zoom link is ONLY for DPA Status Checks scheduled on the 2:00 p.m. afternoon docket. This link will NOT open the morning docket Zoom.

Requirements:

  • Requests for remote appearance must be filed two (2) business days prior to the hearing and require a Court Order.
  • Certain hearings are eligible for remote appearance upon Court approval. These include Case Dispositions and Status Check Hearings.
  • 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 enable the person's camera when joining the proceeding and keep the camera turned on until instructed otherwise by the court.
  • 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.

Technology Needs:

All participants in a remote hearing must have a camera, microphone and speaker to allow them to be seen and heard during a remote proceeding. If using a smart phone or tablet, you must download the Zoom app.

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D. Submission of Orders and Judgments

Format:

  • All proposed orders must be submitted in Word format through OLS and provided to opposing counsel and/or any self-represented litigant.
  • All proposed agreed orders must include language outlining the full terms of the parties' agreement and not otherwise left blank. Please indicate the proposed order is agreed in the title and body of the order.
  • Please preview the proposed order to make sure it is formatted correctly:
    • The Court prefers Times New Roman font, 12pt, double spaced.
    • Remove all special formatting, such as paragraph tabs, macros, and columns.
    • No need to leave blank space for the date in the "DONE and ORDERED" line, you can simply say "DONE and ORDERED in Palm Beach County, Florida."
    • No need to include signature line, just leave space for the judge to impose the electronic signature.

Submission Method:

All proposed orders must be submitted to the Court through the Court's Online Services (OLS).

  • Visit Online Services (OLS)
  • Please note: Use of OLS requires a user ID and password. This can be obtained by going to Online Services (OLS) and clicking on "Register a New User" to create an account.
  • Any supporting documents for the Court to review should be submitted as attachments to the proposed order. The Court does not have instantaneous access to documents filed through the e-portal, it can take about 3 days for them to be processed and appear on the docket. Therefore, if the order you are sending is based on a newly filed motion, please include a filed copy of the motion as an attachment. If you fail to attach the supporting documents, the Court may reject your order.

Self-represented litigants excused from e-mail service may submit proposed orders to the Court by U.S. mail to the judicial office or dropped off using the drop off box located on the 1st Floor of the Judge Daniel T.K. Hurley Courthouse.

Proposed orders are generally not accepted by email.

Proposed orders may also be submitted in open court if the case is already on that day's docket. Cases may NOT be added to same day docket simply to submit a proposed order in open court.

Deadline for Submissions:

Proposed orders must be submitted no later than 5 days after any hearing unless otherwise stated by the Court.

Other Procedures Relating to Submission of Orders and Judgments:

DO NOT upload a proposed order unless

  1. it is agreed,
  2. the hearing has already occurred, or
  3. it is proper to be considered without a hearing.

Proposed Orders of Substitution and Withdrawal of Counsel will be rejected if they do not comply with Administrative Order 2.311.

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E. Courtesy Copies of Case Law and Other Documents

When Required:

Courtesy copies of properly filed Motions, as well as any supporting case law, must be submitted to the court least three (3) business days prior to any hearing or trial.

Proposed Jury Instructions must be sent to the Court in WORD format by email to CAD-DivisionE@pbcgov.org at least one (1) business day prior to jury selection. Proposed jury instructions should be sent and discussed with opposing party as outlined in the Trial Order entered in the case.

Format:

  • Courtesy copies of all filed motions and supporting case law, less than twenty (20) pages, must be submitted in PDF/a format by email to CAD-DivisionE@pbcgov.org.
  • Courtesy copies of all filed motions and supporting case law, exceeding fifteen (15) pages, must be submitted in printed hard copy format either by mail or using courthouse drop off procedure.
  • Courtesy copies of proposed jury instructions must be submitted in Word format.

Submission Method:

See above

Deadline for Submissions:

Courtesy copies must be submitted to the court no later than three (3) business days before any hearing or trial.

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F. Emergency and Other Urgent Matters

Requirements:

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party's presentation.

Boilerplate motions or motions lacking sufficient factual recitation will be stricken as insufficient.

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.

Other Procedures Relating to Emergency and Other Urgent Matters:

All requests to schedule an emergency hearing(s) must be by email to CAD-DivisionE@pbcgov.org, with opposing party copied, and must include a filed copy of the motion.

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G. Exhibits for Evidentiary Proceedings

Submission Method:

All exhibits must be brought to court for any hearing or trial. Any exhibits marked for identification or entered in to evidence will be kept by the Clerk of Court.

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.

Other Procedures Relating to Exhibits for Evidentiary Proceedings:

View Evidence Exhibit ID Card Template (PDF).

Additional information regarding Criminal Evidence Handling and Packaging Guidelines.

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H. Pretrial Procedures and Conferences

Pleas

Negotiated plea agreements should be conveyed to, and fully discussed by defense counsel with the Defendant prior to presenting the plea paperwork to the Court. Such discussion should include the maximum and minimum penalties and the issues covered by Florida Rules of Civil Procedure 3.172.

If counsel wishes to address the Court on any issue regarding the plea (e.g., early termination of probation, community service buyout, length of time to pay fine or costs), this should be done while the Court is discussing the terms of the plea with the Defendant, not after the plea colloquy has been concluded. When the Court asks if there are any questions prior to the Defendant changing their plea, this is the LAST opportunity to inquire before sentencing is imposed.

The Court does not participate in plea negotiations or "pre-plea inquiries." Generally, the Court does not modify the terms of a negotiated plea agreement. If the parties are unable to agree on terms of a plea, the Defendant is always permitted to enter an open plea of guilty or no contest to the Court.

Discovery Motions:

Motions to Compel Discovery shall be in writing and shall certify that counsel has attempted in good faith to resolve the issues with opposing counsel but has been unable to do so. Said motion shall also describe what independent efforts counsel has made to obtain the discovery sought.

Discovery Motions (motions to compel, motions to take deposition, etc.) shall be filed and served a reasonable time before hearing, to permit opposing counsel an opportunity to respond and to prepare for hearing.

Motions to Depose must comply with Administrative Order 4.306. The motion will NOT be set for hearing if it does not meet the requirements of Administrative Order 4.306.

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I. Setting Case for Trial

Procedure:

The parties shall request a Calendar Call or announce ready for trial.

Upon being set for Calendar Call, the Court will enter a Trial Order ("Order Setting Calendar Call, Jury Trial, and Directing Pretrial Procedures") which outlines applicable deadlines and procedures.

Notice Period:

The court does not generally set date-certain trials. After the Calendar Call, the court will assign cases to specific days during the trial period and may assign back-up cases or put cases on 2-hour call. Attorneys, self-represented litigants, parties, and witnesses are expected to be available during the entire trial period.

Other Procedures for Setting Case for Trial:

Cases without a waiver of speedy trial have first priority on the trial calendar. Second priority goes to in-custody defendants being held on the case to be tried. Any remaining cases will be prioritized by age, however, the Court will consider any agreement of the parties regarding trial priority for speedy waived/out-of-custody defendants.

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J. Forms

Access:

The following divisional forms and/or FL Courts approved forms are available at the links below. Click on the name of the form to access a PDF file of the form.

FormatTitle
 Waiver of Rights (pending)
 Negotiated Plea Agreement (pending)
Waiver of Speedy Trial
 Waiver of Appearance (pending)
 Plea in Absentia (pending)

The following are templates/guides for common proposed orders. Click on the name of the order to access a PDF file of the form.

FormatTitle
Order to Continue/Order Resetting
Order to Appear Remotely
General Blank Order
Agreed Order Granting Petition to Seal (See Fla. R. Crim. P. 3.989(c))
Agreed Order Granting Petition to Expunge (See Fla. R. Crim. P. 3.989(b))

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K. Other Division Procedures

Motions to Seal/Expunge:

Prior to contacting the division to schedule a hearing, Counsel for Petitioner, or Petitioner if pro se, must contact the State Attorney's Office to determine if the State is in agreement or has an objection to the Petition.

If the State has indicated it has no objection to the Petition in writing, Petitioner may upload an proposed agreed order through OLS. A copy of the State's written confirmation should be uploaded as an attachment to the proposed order.

Any contested Petitions require a hearing. Hearings on Petition to Seal or Expunge may NOT be scheduled during morning docket. See Section B Scheduling Procedures above for instructions.

ADA Accommodations:

If you need an ADA accommodation, please contact William Hutchings, ADA Coordinator at: ADA@pbcgov.org.

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

Interpreter Requests:

Information on interpreters' services can be found on the Circuit's Intepreter page.

If an interpreter is needed for a hearing or trial, please use the Request an Interpreter application.

  • If services are needed for a witness, either for an evidentiary hearing or trial, Counsel for the party calling the witness is responsible for making a timely request.
  • It is the responsibility of Counsel for the Defendant to request spoken language court interpreters if needed for the Defendant. All requests must be received at least seven (7) days in advance of the scheduled proceeding.

Procedures for Inmate Transport:

For information on Division E Standing Order Regarding Transport of Inmates, please refer to: Standing Order RE Inmate Transport

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