FX and IY Divisional News

Division Suspension

Division FX & IY is suspended the week of May 9th, 2022 and will reopen on May 16, 2022. Please contact Judge Burkhart's Assistant Sherrie Norton at 561-274-1452 OR at SRnorton@pbcgov.org or Judge Scher’s Assistant Marianna Contreras at 561-274-1420 or MContreras@pbcgov.org with any emergencies / ETG’s / DV’s for Division FX/IY on May 9th / May 10th and May 11th, 2022.


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

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

Judge Martz is available to provide the attorney's and the public with continuous access to the Family and Probate Court. The Court is conducting hearings in person. Please check back frequently as this is subject to change.

Zoom Meeting Information - For Uniform Motion Calendar Hearings Only.

Meeting Link: Zoom Link
Meeting ID: 882 6883 4109

Dial by your location:

  • US Toll-free 877-853-5257
  • US Toll-free 888-475-4499

Courtesy Copies of Documents Less than 10 Pages

Courtesy copies of documents less than 10 pages (ex.: motions, memorandum of law and legal authority) are be submitted to the Court for review in advance of all scheduled hearings 5 business days prior to the hearing. Judge Martz will review all motions, memorandum of law and legal authority prior to all hearings. Accordingly, all counsel/parties are to provide courtesy copies of their 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, or CAD-DivisionIY@pbcgov.org 5 business days prior to the scheduled hearing 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 hard copy only via US mail to the Court 5 business days  prior to the scheduled hearing.


Trials/Evidentiary Hearings

All Proposed Orders are to be submitted to the court for review no later than 48 hours following the hearing via OLS or 48 hours prior to the scheduled hearing.

Providing Documents to the Court for All Trials and Evidentiary Hearings

  1. Exhibits must be clearly marked. All documents I.E. Case Law, Exhibits, Etc. shall be sent by hard copy and received five (5) days prior to the hearing.
  2. Any witness appearing via video with be sworn-in by the court.
  3. Any witness appearing via telephone (no video) must have a notary public available to be sworn-in or have filed an Affidavit if a notary is not available.

Instructions for Special Set Hearings - Family Division "FX" and Probate Division "IY"

Family Division "FX" and Probate Division "IY" are now participating in Online Scheduling for Special Set Hearings for hearings thirty (30) minutes.

Please contact the Court's judicial assistant for special set hearings that require one 45 minutes or longer.

Mail courtesy hard copies of documents larger than ten (10) pages in totality (ex.: motions, memorandum of law and legal authority) for Special Set Hearings to the Court for review in advance of all hearings 5 business days prior to the scheduled hearing. Judge Martz will review all motions, memorandum of law and legal authority prior to all Special Set Hearings.

E-mail courtesy copies of documents less than 10 pages (ex.: motions, memorandum of law and legal authority) for Special Set Hearings to the Court for review in advance of all hearings 5 business days prior to the scheduled hearing. Judge Martz will review all motions, memorandum of law and legal authority prior to all Special Set Hearings.

All Proposed Orders are to be submitted to the court for review no later than 48 hours following the hearing via OLS or 48 hours prior to the scheduled.

All proposed orders must be submitted through the OLS system. In the notes/comments section you MUST indicate whether it is one of the following utilizing one of the formats and exact language below:

  1. AGREED ORDER WITHOUT HEARING: [Name of Order / attached motion  / agreement].
  2. ORDER AFTER HEARING: Parties agree to the order [Name of Order] accurately reflects the Court's ruling after the hearing on [DATE AND TIME OF HEARING].
  3. DISPUTED ORDER AFTER HEARING: Parties dispute the Court's ruling after hearing on [DATE AND TIME OF HEARING]. Attached is the transcript. The parties (attorneys and clients) understand the parties have a duty to attempt to resolve any conflicts and accurately set for the ruling made by the Court.
  4. FUTURE PROPOSED ORDER FOR HEARING ON [DATE AND TIME OF HEARING]. Wife/Husband's Proposed Order that has been provided to opposing counsel.
  5. PROBATE EX PARTE ORDER

Uncontested Dissolutions of Marriage

Uncontested Dissolutions of Marriage are being conducted in person and/or hybrid as parties can choose to appear both by zoom and in person. Parties appearing via Zoom must provide proper notice to all parties. The Courts static zoom link is listed above, Parties can upload the Final Judgment through OLS without the need for a hearing. The proposed final judgment must be submitted via OLS only in WORD format. Documents listed below must be attached to the proposed final judgment in PDF format:

Testimony at Final Hearing

The Final Disposition Form

Mediated Settlement Agreement (Only if it is to be merged with the Final Judgment)

Parenting Plan (Only if it is to be merged with the Final Judgment)

A copy of your client’s driver’s license - The driver's license issue date must be 6 months prior to the filing of the petition.

A cover letter needs to specify that all parties, pro se or opposing counsel, have reviewed the Final Judgment and have no objection. Also, if there are children involved, the Final Judgment needs to incorporate specifics on child support (i.e. how much, how it is to be paid, & how often.)**

Most evidentiary hearings cannot be handled remotely unless the parties can reach agreement on some of the procedural or evidentiary rules.  Witnesses and Court reporters would also have to appear remotely.  Please contact Judge Martz's office if you desire to schedule an evidentiary hearing.  If you believe that your case requires emergency action pursuant to Family Admin. Order 5.203-1/17 or Probate Admin. Order 6.104-11/14, you should file the appropriate motion in writing.

If all parties agree, Judge Martz will rule on any motions based on the written pleadings and responses without the necessity of a hearing.


All Probate and Family matters shall be submitted by U.S. Mail, UPS, FedEx, etc. Remember to enclose payment and return envelope if you are in need of certified copies.  Please check the Clerk's Office website for mailing addresses.

Probate Checklists Now Available

Digital Probate Checklists are now available in the 15th Circuit's Online Services System ("OLS").

Digital Checklists eliminate the need to schedule ex-parte hearings, or even come to the courthouse.

Additionally, they limit the constant flow of paper back and forth between the probate divisions and the case managers.

Digital Checklists also comply with Supreme Court Administrative Order AOSC19-74.

Per Administrative Order 6.201 Checklists are now required and filed.

How Does It Work?

To Submit an Order:

As an example, below are the steps to submit an Order for Testate Summary Administration

  • Log into the 15th Circuit's OLS
  • In OLS, create the appropriate order one of three ways:
    1. Click on the "Submit Order From Template" button;
      • Select the Generic Order template, and type in the text of your order; or
    2. If you have previously drafted the order in Word offline, cut and paste the order text into the body of the Generic Order template.
      • Follow the instructions on the screen and complete.
      • Click "Submit" to send the order to the judge.
    3. In OLS, click the "Submit Proposed Order" button;
      • Browse your computer and select, then upload the order;
      • Review the document and make any format adjustments necessary prior to submission.
      • Follow the instructions on the screen to submit the order to the court.

To Submit a Digital Probate Checklist:

  • In OLS, click on the "Submit Order From Template" button;
  • Select the appropriate probate checklist from the dropdown menu.
  • Populate the checklist completely and accurately.
  • Follow the instructions on the screen and complete.
  • Click "Submit" to send the order to the judge.
  • Please Note: If you are submitting an Order for Discharge and a digital checklist, you must still obtain the Probate Closing Checklist from the Clerk.

We realize that the current paper process can cause delays in processing these orders, which impacts families at the worst time when they are dealing with the death of a loved one. Digital Checklists are intended to expedite the receiving, processing, filing and service of these orders.

For additional information on court provided digital training resources visit the Circuit's YouTube channel, CourtHelp4U.

Please Note:

A completed and signed checklist, must be e-filed contemporaneous with the petition. Failure to e-file an accurate and completed checklist shall result in a rejection of the petition with leave to refile. Approved checklists can be found on the Probate Division Page.

Important:

All proposed orders for Probate cases should be submitted directly through the OLS system and should not be sent to the Judge's CAD division email or via us mail.

Deficiencies:

If you receive a Deficiency or Rejection Memorandum, Status Order, or other Order of Deficiency, you may avoid an ex-parte hearing by curing your deficiency immediately and filing all necessary documentation to show the deficiency has been cured.  Once ALL the cited deficiencies have been cured and related documents have posted on the docket, please send your proposed order(s) through OLS with a notation that all deficiencies have been cured.


Effective as of 8/14/19: Attorney/Guardian Fees

The court must consider the criteria defined in FL STAT §744.108 when reviewing Attorney and Guardian fees requests; therefore, all fee petitions should include the nature and value of the Ward's assets at the time of filing the fee request, the monthly income earned and the monthly expenses of the Ward.

Online Scheduling is now available for 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 calendaring application can be accessed by visiting www.15thcircuit.com and selecting "View All Web Applications" from within the Circuit Web Applications box.

You may upload your Notice of Hearing, Motion, and Additional Documents for the Court's review prior to the scheduled hearing. **YOU MUST UPLOAD ORDERS**

Formatting Documents

All recorded documents (including final judgments) must provide a 3x3 space in the upper right hand corner. The Clerk of Court will no longer accept documents for recording without this space. Please see Rule 2.520, and MyPalmBeachClerk.com. You may also contact the Clerk of Court for further information as to the specific documents required.

Local Rule 4

Strict compliance with amended Local Rule 4. Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve. See amended Local Rule 4.

Self-Represented Parties (Pro Se)

If you are a self-represented pro se party (with no attorney), you must contact the Family Court Case Manager for questions and guidance regarding your case.

Erika Ireland at 561-330-1733

Do Not Send Letters, Emails or Notes To The Court

The Court does not act on letters, notes or emails sent by either party. The Court acts on petitions or motions properly filed with the Clerk of the Court. File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court. All documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.

For additional information please see the Court's Divisional Instructions.