FX and IY Divisional Instructions

IMPORTANT UPDATE:

AS OF MONDAY, JULY 30, 2018

Online Scheduling is available for Uniform Motion Calendar (UMC)
and SPECIAL SET HEARINGS in Family Division "FX"
and Probate Division "IY"

Prior to first use, users must created an account in the Court's Online Services (current users can use their existing account.)

The UMC and SPECIAL SET HEARING calendaring application can also be accessed by visiting www.15thcircuit.com and selecting "View All Web Applications" from within the Circuit Web Applications box.

**Family Division "FX" and Probate Division "IY" are now participating in On-Line Scheduling for Special Set Hearings thirty (30) minutes or less.**

**SPECIAL SET HEARINGS ONE (1) HOUR OR LONGER WILL CONTINUE TO BE SET BY THE JUDICIAL ASSISTANT.**

You may upload your Notice of Hearing, Order Specially Setting Hearing, Motions, and Additional Attachments for the Court's review prior to the scheduled hearing through the on-line scheduling.  The court can only print documents that are ten (10) pages or less.  Any documents over the ten (10) page limit will have to be mailed to the court for review.  **PLEASE DO NOT UPLOAD ORDERS.  PLEASE BRING ALL PROPOSED ORDERS TO THE COURT HEARING FOR THE JUDGE'S SIGNATURE.**  If you would like a conformed copy of the order please bring additional orders.
 

Family Law Division "FX":  E-mail address is CAD-DivisionFX@pbcgov.org

Probate Law Division "IY":  E-mail address is: CAD-DivisionIY@pbcgov.org

**ALL ORDERS MUST BE RECEIVED IN "WORD FORMAT" IN ORDER FOR THE COURT TO ELECTRONICALLY SIGN**

-All orders must state a mailing address and e-mail address for each party being served and that have registered e-mail addresses with the Clerk of Court.

-IF THE OPPOSING SIDE IS AN E-MAIL EXCUSED ATTORNEY OR A PRO SE party (unless pro se party has agreed to e-mail service) DO NOT SEND YOUR ORDER BY E-MAIL.  A hard copy of the proposed order must be provided to the Court with sufficient self-addressed stamped envelopes provided to the Court for service.

Family - Division "FX"

CAD-DivisionFX@pbcgov.org

Uniform Motion Calendar Hearings (UMC) are now scheduled On-Line

  • Tuesday through Thursday, 8:45 a.m. – 9:30 a.m., in Courtroom 2. Scheduling is between the parties or pro se litigant. All UMC hearings are now scheduled online. You can check Judge Burton's Suspension Calendar. Parties will be heard on a first come, first serve basis.
  • Ten (10) minutes allotted (5 minutes per side)
  • No contested evidentiary hearings which includes default final hearings.
  • Uncontested final hearings in dissolution, paternity, name change and temporary custody cases will be heard during UMC.
  • Coordinated with opposing counsel or pro se litigant (UMC Hearings are scheduled online, and do not need to be scheduled with the Judicial Assistant).
  • With five (5) business days notice to opposing counsel or pro se litigant (unless short notice agreed by parties).
  • Judge Burton will review all motions scheduled for UMC prior to the hearing on-line.
  • Pro se litigants may provide courtesy copies of their UMC motions and notices of hearing to the Court via regular mail.
  • Counsel may also bring a copy of the motion and notice of hearing to the UMC hearing, along with three (3) proposed Orders for the Court's signature.

If you resolve your motion prior to the UMC hearing date, please cancel your scheduled hearing by going on-line.

Appearance by telephone is permitted at UMC hearings using CourtCall. CourtCall.com is the service provider used for the purposes of scheduling and appearing at a non-evidentiary hearing via telephone.

To set a telephonic appearance for a hearing that is presently set, please go to CourtCall.com and/or call 1-888-882-6878 and follow the instructions. No Motion or Order for telephone appearance is required, however, your opposing counsel/party must be aware that you are appearing via telephone, and must advise the Judge at the start of the hearing.

Family - Service and Preparation of Orders

  • Family Division "FX" Final Judgments and Orders received by e-mail will be e-filed to all parties that have registered e-mail addresses with the Clerk of Court.
  • Family Division "FX" Final Judgments and Orders received by mail will be mailed out if additional copies of the order and self-addressed stamped envelopes are provided.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • Proposed Final Judgments and/or Orders should be submitted by email to CAD-DivisionFX@pbcgov.org, in "WORD FORMAT" within ten (10) days following the hearing as requested by the Court.
  • Proposed orders should include a cover letter specifying the date that the hearing was heard.

Uncontested Dissolutions of Marriage

  • Can be heard at UMC (follow UMC rules above)
  • Testimony at Final Hearing and Final Disposition forms must be completed (available on the 15th Judicial Circuit Website)
  • 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)
  • Bring a proposed final judgment along with additional copies if you would like a conformed copy.
  • Bring Income Withholding Order, if needed.

Domestic Violence Hearings

No Domestic Violence matters may be set on the Uniform Motion Calendar. All motions are to be filed with the Clerk in the Domestic Violence Division. The motion will be forwarded to the Judge for review. The Judicial Assistant cannot cancel or change hearings. For questions regarding domestic violence matters you need to contact the Domestic Violence Division at 561-274-1541 or 561-274-1591.

Special Set Hearings thirty (30) minutes or less are now scheduled on-line.  Hearings one (1) hour or longer are scheduled with the Judicial Assistant.

  • Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
  • Person requesting the hearing must confirm availability with opposing counsel or pro se litigant before setting the hearing. Please contact the Court's judicial assistant for hearing time one (1) hour or longer. Upon coordinating the hearing send a proposed Order Specially Setting Hearing in Word format (See Divisional Forms and Orders) for Judge Burton's signature to CAD-DivisionFX@pbcgov.org. Thereafter, the Judicial Assistant will e-file the signed Order on Special Set Hearing to all counsel/parties. Alternatively, pro se parties may contact Judicial Assistant, Mary Beardsley, to schedule a special set hearing by telephone at 561-330-1785.
  • 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 Court) or withdrawn.
  • If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
  • Submit your proposed Order in advance of the hearing and in Word Format to CAD-DivisionFX@pbcgov.org.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.

Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law (only if all documents combined are ten (10) pages or less) to the Court via the following e-mail address: CAD-DivisionFX@pbcgov.org, and designate the date and time of the hearing which they reference. 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. If the documents exceed ten (10) pages total, please send a courtesy copy via US mail to the Court (please allow time if sending via US mail).

Appearance by telephone is permitted at special set hearings using CourtCall. If you are testifying by telephone, you must have a Notary Public present to swear you in. CourtCall.com is the service provider used for the purposes of scheduling and appearing at a non-evidentiary hearing via telephone.

Telephonic Appearance

To set a telephonic appearance for a hearing that is presently set, please go to CourtCall.com and/or call 1-888-882-6878 and follow the instructions. 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 . Fla. 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 the witness.

Temporary Relief Hearings

  • Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled Administrative Order 5.207.
  • Following mediation, if parties are unable to reach an agreement, temporary relief hearings may be set by contacting the Court's judicial assistant.
  • Hearings are limited to a total of thirty (30) minutes. Administrative Order 5.207 unless permission granted by the Court following UMC hearing.
  • Follow instructions for Special Set Hearings

Emergency Motions

Motions for Emergency Hearing should be filed with the Clerk's eportal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Courtesy copies of Emergency Motions may be emailed to CAD-DivisionFX@pbcgov.org. Judge& Burton will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record.

Post Judgment Matters

Modifications, Motions for Contempt and/or Enforcement of Final Judgment.

Effective immediately: On all Orders of Referral to a General Magistrate, please enter the appropriate Magistrate's hearing room number, under the case number. Each Order of Referral may only refer one matter per Order of Referral. Therefore, if you have three motions, I will need three separate Order of Referral per motion. The following rooms are associated with the following Magistrates: Peter Bassaline = Hearing Room "C" and Thomas R. Baker = Hearing Room "D"

All post judgment modifications, motions for contempt and/or enforcement of final judgment MUST be referred to the Magistrate. The attorneys/parties are responsible for providing the Order of Referral to Magistrate. (EXCEPT that all child support post-judgment matters must be heard by the Magistrate - Do not do an Order of Referral for post-judgment child support matters). See Administrative Order 5.104, Fla. R. Fam. P. 12.490 and Fla. R. Fam. P. 12.491.

Post judgment matters shall be referred to the Magistrates, as follows:

  • Magistrate Bassaline: A-K (Male last name)
  • Magistrate Baker: L - Z (Male last name)
  • Attorney or pro se litigant should send the proper 15th Judicial Circuit Order of Referral to Magistrate to the Judge.
  • Attorney or pro se litigant may file an objection to the referral
  • After an Order Sustaining Objection is docketed, Attorney should set the hearing via the Division FX online calendar (Administrative Order 5.206 and submit a courtesy copy of the notice with a copy of the pleading and order sustaining the objection to the judge's office.

Notice/Motion to Set Cause For Trial

  • Original notice/motion to set cause for trial filed with Clerk's office.
  • Please adhere to all instructions in Administrative Order 5.209.
  • Judge must receive a courtesy copy of the notice for trial.
  • In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party.
  • Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
  • You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
  • The original notice must be filed with the Clerk. A courtesy copy should be e-mailed to CAD-DivisionFX@pbcgov.org. Trial Orders are served via e-mail to all parties registered for e-service.
  • Continuances of trial require a hearing on Uniform Motion Calendar. CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready. Continuances will only be granted in cases of emergency.
  • Any party seeking to exclude expert testimony under a Daubert analysis pursuant to F.S. 90.702 shall file a motion with the court specifically identifying the basis for the Daubert challenge. All Daubert motions shall be scheduled and heard prior to the commencement of the trial.

Adoptions and Name Changes

  • All adoption and name change statutory requirements must be met before a final hearing will be set. TPR or Final Hearing requests must be put in writing to the Judge and are set by the Judicial Assistant once all requirements have been met
  • Staff Attorneys review all adoptions and name changes (No hearings will be set until reviewed by Staff Attorney)
  • 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 attorney/party(ies) to schedule a final hearing.
  • An uncontested TPR may be heard at the end of a Uniform Motion Calendar, time permitting. If you have any questions regarding your adoption case, send an e-mail to: southcountyadoptions@pbcgov.org

 

Probate - Division "IY"

CAD-DivisionIY@pbcgov.org

"A Restricted Depository is required for all guardianship involving property and all estate cases."

Ex-Parte/Uniform Motion Calendar/Special Set & Trial Instructions For Probate/Guardianship

Probate Uniform Motion Calendar (UMC) & Ex-Parte Calendar:

IMPORTANT UPDATE: The Fifteenth Circuit has launched an ex-parte calendaring app that will serve all probate divisions in South County, North County and West Palm Beach.

All dates must be requested in the new system, which is accessible by clicking the same link below.

Prior to first use, users must create an account in the Court's Online Services (current users can use their existing account).

The ex parte calendaring application can also be accessed by clicking the following link or by visiting www.15thcircuit.com and selecting "View All Web Applications" from within the Circuit Web Applications box.

Probate - Service and Preparation of Orders

Probate Case Managers for Division "IY" are not participating in E-Filing/E-Service.

  • Probate Division "IY" Final Judgments and Orders received by e-mail, will be signed and filed directly with the Clerk of Court.  Parties will not receive a copy, unless the Court receives additional copies of the order with self-addressed stamped envelopes.
  • Probate Division "IY" Final Judgments and Orders received by mail will be mailed out if additional copies of the order and self-addressed stamped envelopes are provided.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • Proposed Final Judgments and/or Orders should be submitted by email to to CAD-DivisionIY@pbcgov.org, in Word format or Rich Text Format, within ten (10) days following the hearing.
  • Remember to leave a 3x3 inch blank space in the upper right hand corner for recording.
  • Proposed order should include a cover letter specifying the date of the hearing.

Probate Ex-Parte Calendar is held Tuesday & Thursday @ 8:45 a.m., in Courtroom 2. Uniform Motion Calendar (UMC) will be held on Tuesdays, Wednesdays, and Thursdays. The UMC hearings are scheduled online. You may check Judge Burton's suspension dates on the Fifteenth Judicial Circuit Website. Judge Burton will review all motions scheduled for UMC and Ex-Parte on-line prior to the hearing.

If you resolve your motion prior to the hearing date, please cancel your scheduled hearing by going on-line.

All waivers, consents, renunciations and receipt of assets must be notarized.

No Files Will Be Pulled The Morning Of Ex-Parte.

Files ARE NOT required for UMC Hearings.

Examples of Ex-Parte and UMC Matters:

Ex-Parte

  • Petition for Administration (with or without agreed order for PR Appointment)
  • Petition to Authorize Sale
  • Petition for Summary Administration
  • Petition to Extend Time
  • Petition to Determine Heirs (Uncontested)
  • Petition to Strike Claims
  • Petition to Determine Homestead or Exempt Property
  • Elective Share (Uncontested)
  • Petition for Distribution
  • Petition to Appoint Administrator ad Litem/Curator

UMC Matters

  • Motion to Intervene
  • Motion for Instructions
  • Motion to Compel
  • Status Conference
  • Motion for Protective Order
  • Motion for Continuance
  • Motion for Default
  • Agreed Orders (Except for PR Appointment - see above)
  • Motion to Terminate or Limit Examinations
  • Modification of Trust or Trust Complaints (Heard only on Wednesdays)

Matters brought before the court must be noticed 5 days prior to the hearing for in-state residence and 10 days for out-of-state residence. The Notice of Hearing must be e-filed and a courtesy copy sent to the Judicial Assistant.

The following motions WILL NOT be heard at Ex-Parte or UMC:

  • Petition for Attorney, Guardian or Personal Representative Fees
  • Petition to Approve Minor's Settlement
  • Personal Representative or Guardian Discharge- mail in only, no special set
  • Appointment of Emergency Temporary Guardian
  • Disposition of Personal Property Without Administration
  • Modification of Trust or Trust Complaints - Heard only on Wednesdays
  • All Evidentiary Hearings Petition for appointment of guardians

Special Set Hearings thirty (30) minutes or less are now scheduled on-line.  Hearings one (1) hour or longer are scheduled with the Judicial Assistant.

  • Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
  • Person requesting hearing must confirm availability with opposing counsel or pro se litigant before contacting the Judicial Assistant, Mary Beardsley, to schedule a special set hearing at 561-330-1785. Hearing times are available in blocks of 15 or 30 minutes. Upon receipt of a special set hearing date and time, send proposed Order Setting Hearing in Word Format (See Divisional Forms and Orders) for Judge Burton's signature to CAD-DivisionIY@pbcgov.org. Thereafter, the Judicial Assistant will e-file the signed Order on Special Set Hearing to all counsel/parties.  Alternatively, pro se parties may contact Judicial Assistant, Mary Beardsley, to schedule a special set hearing by telephone at 561-330-1785.
  • 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 Court) or withdrawn.
  • If the hearing is evidentiary, that must be noted on the proposed Order on Special Set Hearing.
  • Submit your proposed Order in advance of the hearing and in Word Format to CAD-DivisionIY@pbcgov.org.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.

Judge Burton will review all motions, memoranda of law (ten (10) pages combined 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 the following email address: CAD-DivisionIY@pbcgov.org, and designate the date and time of the hearing which they reference. 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. If the documents exceed ten (10) pages total, please send courtesy copies via U.S. mail to the Court (please allow time if sending via US mail).

Appearance by telephone is permitted at special set hearings using CourtCall. CourtCall.com is the service provider used for the purposes of scheduling and appearing at a non-evidentiary hearing via telephone.

To set a telephonic appearance for a hearing that is presently set, please go to CourtCall.com and/or call 1-888-882-6878 and follow the instructions. 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 . Fla. 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 the witness.

Fingerprint-Electronic Only and Credit Reports for All Guardians

Prior to the appointment of a Guardian, all proposed guardians are required to submit to a level 2 criminal check and a credit report as required by Florida Statue 744.3131.

Professional guardians: if you are not currently in the clerk's data base must also comply. Once in the data base the records remain valid on file for two (2) years.

Visit Florida Department of Law Enforcement for a list of livescan service providers to have fingerprint and criminal check done. The sheriff department is another option, see below.

You would need this - ORI number for electronic transmission to the clerk:

FL050063Z - professional guardians
FL050064Z- non professional guardians

All fees must be verified with the sheriff department.

FINGERPRINTING – Palm Beach County Sheriff Departments:

345 South Congress Avenue
Delray Beach, FL 33445
Tel.# 561-688-4760

11498 Okeechobee Blvd.
Royal Palm Beach, FL 33411
Tel.#561-790-5180

1937 Q North Military Trail
West Palm Beach, FL 33409
Tel.#561-688-3838

Credit check can be done with the 3 major credit bureaus- must include FICO score:

EXPERIAN
TRANSUNION
EQUIFAX

Results must be e-filed together with a notice of confidential filing within court file.

Emergency Motions

Motions for Emergency Hearing should be filed with the Clerk's eportal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Courtesy copies of Emergency Motions may be emailed to CAD-DivisionIY@pbcgov.org. Judge Burton will review the Emergency Motion and email any Order(s) on the Emergency Motion to all counsel of record.

Notice/Motion to Set Cause for Trial

  • Original notice/motion to set cause for trial filed with Clerk's office
  • Please adhere to all instructions in Administrative Order 5.209
  • Judge must receive a courtesy copy of the notice for trial.
  • In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party. Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party
  • Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
  • You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
  • The original notice must be filed with the Clerk. A courtesy copy should be emailed to CAD-DivisionIY@pbcgov.org. Trial Orders are served via email to all parties registered for e-service.
  • Continuances of trial require a hearing on Uniform Motion Calendar. CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready. Continuances will only be granted in cases of emergency.
  • Any party seeking to exclude expert testimony under a Daubert analysis pursuant to F.S. 90.702 shall file a motion with the court specifically identifying the basis for the Daubert challenge. All Daubert motions shall be scheduled and heard prior to the commencement of the trial.