Online Scheduling for Uniform Motion Calendar
Uniform Motion Calendar ("UMC") for Family Division FC are set through the Online Scheduling System. Uniform Motion Calendar for Family Division FC is held each Tuesday, Wednesday and Thursday.
Only non-evidentiary motions that DO NOT require testimony can be scheduled during UMC.
Judge Kroll will review all Motions, Memoranda of Law and legal authority in advance of Hearings. Accordingly, please provide a courtesy copy of all materials for review in advance of all hearings by U.S. Mail.
Courtesy copies of all UMC materials should be uploaded to the E-Courtesy system as indicated below.
Parties MUST comply with Local Rule No. 4 when scheduling matters on the UMC docket.
Attorney must first file the original motion and notice of hearing with the Clerk's office and give opposing side(s) at least five (5) working days' notice, unless short notice has been agreed on by the parties.
Parties are required to bring to court: copies of the motion, notice of hearing and proposed order with sufficient copies and stamped/addressed envelopes for all parties not registered for e-service.
CANCELLATION OF HEARINGS:
UMC Hearings can only be cancelled by the scheduling party. To cancel a hearing the scheduling attorney's office must login to the Online Scheduling System, select "Uniform Motion Calendar Scheduling"; Select "Cancel Hearings" and follow the directions on the screen. Please do not call the Judicial Assistant to schedule or cancel a UMC hearing. As a courtesy please notify opposing counsel when cancelling a UMC hearing. Special Set Hearings are set by Court order and cannot be cancelled except by further order of the Court unless the matter is settled (with an agreed order presented to the Court) or withdrawn.
Learn more about e-courtesy
Strict Compliance With Local Rule 4
Local Rule 4 has been amended 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.
The certification requirement has also changed and provides only two options to be used without modification:
- 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.
- 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.
If you have not complied with these amended requirements, please reschedule your hearing.
Appearance by Telephone
Attorneys and pro se parties may appear via telephone only via www.courtcall.com. No Motion or Order for telephone appearance is required, however, your opposing counsel / party must be aware that you are appearing via telephone. A witness may testify only in strict compliance with Fla.R. Jud. Admin. 2.530 and Fal.R.Civ.P. 1.451(b). Please note, if you are a witness or are planning to give testimony in your case, you must have a notary public present with you for the purpose of confirming your identification and/or to swear in the witness.
Contact Information for Attorneys and Self-Represented Litigants:
Uncontested Dissolutions of Marriage
Can be heard at UMC provided the following occurs:
- Five (5) days in advance copies of notice of hearing, pertinent pleadings and documents are provided to Judge;
- Complete Testimony at Final Hearing and Final Disposition Forms must be completed;
- Confirm notice required by Fla. Fam. L.R.P. 12.440 and Fla. Stat. §61.19;
- Bring proof of residency Fla. Stat. §61.052(2);
- Verify all documents necessary are in court file (Fla. Stat. §§61.052(7), (8); 61.21(4). Fla. Fam. L.R.P. 12.285(d)(j);
- Provide a proposed final judgment with self-addressed stamped envelopes for each party, if not registered for e-service;
- Income Deduction Order or Income Withholding Order, if needed.
Please utilize the procedure above for scheduling matters on the UMC Docket.
Pre-Marking of Exhibits
Parties shall pre-mark all exhibits prior appearing before the Court for hearing. Blank templates are available to be downloaded on the Clerk's website. If you need assistance with the proper format for marking exhibits please contact the Clerk of Court
Special Set Hearings
- Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set;
- If requesting more than one (1) hour, you must mail a copy of the motion along with a letter to the Judge stating how much time you are requesting. PLEASE be sure to copy the other side. The Judicial Assistant will notify you once the Judge has determined how much time is allowed for the hearing;
- Counsel should contacts Judicial Assistant by telephone for dates (several dates will be provided);
- Person requesting hearing must confirm availability with opposing counsel or pro se litigant;
- Once coordinated, the hearing date must be confirm with the Judicial Assistant as soon as possible to reserve the hearing date / time as dates ARE NOT HELD;
- A copy of Notice of Hearing and pleading being heard must be mailed via U.S. Mail to the Judge's office;
- An Order is NOT required for a special set hearing; however a special set hearing cannot be cancelled unless the matter set for hearing is settled (with an agreed order presented to Court) or withdrawn.
Judge Kroll will review all motions, memoranda of law (10 pages maximum - either in support or opposition to the motion), and case authority in advance of all special set hearings. Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law to the Court via U.S. Mail (please allow plenty of time when sending via U.S. Mail). Counsel / parties should highlight or otherwise mark the key language in the most pertinent and important cases and key exhibits for the court and opposing counsel.
Temporary Relief Hearings
- Mediation on the Temporary Relief Sought (following the filing of the motion for temporary relief) must be held before the temporary relief hearing will be scheduled.
- Following mediation, if parties are unable to reach an agreement, temporary relief hearings may be set.
- Counsel should contact the Judicial Assistant to obtain the next available hearing dates / times to coordinate with opposing counsel. Hearings are limited to a total of thirty (30) minutes. Unless permission has been granted by the Court following a UMC hearing.
- Please review Administrative Order 5.207 for detailed instructions on Temporary Relief Hearings.
Emergency Motions should be filed with the Clerk's e-portal. When filing please click on the Emergency Filing box that states "Check This Box to Specify That This is an Emergency Filing." The Motion will then be sent to the emergency coverage Judge for review / processing.
Notice to Set Cause for Trial
Notice must include whether the final hearing is on original action or a subsequent action (Fla. Fam. L.R.P. 12 440 and Fla. R. Civ. P. 1.440(b)).
The party filing the Notice shall provide the Court via cover letter with the following:
- A copy of the Notice for Trial;
- Copies of all current Notices of Unavailability for both sides;
- An estimated time for the final hearing and what the opposing party's position is on the same;
- Stamped envelopes for all parties who are not signed up for e-service.
Upon receipt thereof the case will be scheduled for Differentiated Case Management Conference.
Trials are set by Court order and cannot be cancelled or continued except by further order of the Court unless the matter is settled with an executed settlement agreement.
Submission of Orders
All Family Division "FC" Orders may be submitted via regular U.S. Mail, hand delivery, overnight or via e-mail to: firstname.lastname@example.org.
All parties' names and addresses must be included on the orders. Orders which are submitted without agreement should state why the other party does not agree and what efforts were made to reach agreement. Orders must be submitted within five (5) business days following the hearing; unless otherwise instructed by the Judge.
Agreed orders should in the title state they are agreed orders and have been review by all parties prior to submission.
Post Judgment -Modifications, Contempt & Enforcement
- All post-judgment matters are referred to the Magistrate;
- Post judgment matters (non child support related) require an Order of Referral to General Magistrate. See Administrative Order 5.104, Fla. R. Fam. P. 14.490 and Fla. R. Fam. P. 12.491;
- A proposed Order of Referral to General Magistrate must be submitted to the Judge utilizing the approved template in the Online Scheduling application. To submit a proposed Order of Referral, please log in to your Online Scheduling account and click on "Submit Order form Template";
- Attorney or pro se litigant may file an objection to the referral;
- If the objection to Magistrate is sustained, after the Order is docketed, counsel shall contact the Judicial Assistant to schedule the matter (Administrative Order 5.1.04);
- Pro Se litigants should contact the case manager to schedule the matter for hearing.
Adoption and Name Changes
- All adoption and name change statutory requirements must be met before a final hearing will be set;
- Staff Attorneys review all adoption matters and the Case Manager reviews name change petitions;
- No hearings will be set until after the case has been reviewed;
- A status order from the Court may be issued to the parties;
- Following all requirements being met by the parties, the Judicial Assistant will contact the party to schedule a final hearing.
Temporary and Concurrent Custody Proceedings
Please review Administrative Order 5.111 which outlines the new procedures.
Parties must comply with Administrative Order 5.111 prior to requesting a hearing. Once all documents have been filed the counsel shall contact the Judicial Assistant to obtain a special set hearing time.