FY Divisional Instruction

Division FY is now participating in Online Scheduling, E-filing, and E-mail Service. The following email addresses should be used for e-mail service to the Court: CAD-DivisionFY@pbcgov.org

Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority to: CAD-DivisionFY@pbcgov.org. PLEASE DO NOT UPLOAD PROPOSED ORDERS UNLESS OTHERWISE INSTRUCTED. SEND ALL PROPOSED ORDERS TO CAD-DivisionFY@pbcgov.org. ORDER SEND ORDERS VIA USPS MAIL.

Please Click on the link Online Scheduling and follow the directions.

 Online Scheduling

For ALL Uniform Motion Calendar hearings: Please send all courtesy copies of UMC Motions and Notices of Hearings to: CAD-DivisionFY@pbcgov.org.

Orders sent to the Court by email will be served to the parties by email ONLY. All orders must state a mailing and email address for each party for service. IF THE OPPOSING SIDE IS AN EMAIL EXCUSED ATTORNEY OR A PRO SE party (unless pro se party has agreed to email service) DO NOT SEND YOUR ORDER BY EMAIL. A hard copy of the proposed order must be provided to the Court with sufficient envelopes provided to the Court for service.

Uniform Motion Calendar (UMC)

  • PLEASE SCHEDULE UMC HEARINGS ONLINE
  • Tuesday through Thursday, 8:45 a.m. – 9:30 a.m., in Courtroom 5. Scheduling is between the parties or pro se litigant. UMC hearings are not scheduled with the judicial assistant. Please check the Suspension Calendar before you schedule your hearing. Parties will be heard on a first come, first serve basis.
  • Ten (10) minutes allotted (5 minutes per side)
  • Contested evidentiary hearings will not be heard at UMC.
  • Uncontested final hearings in dissolution, paternity, name change and temporary custody cases will be heard during UMC.
  • UMC hearings must be coordinated with opposing counsel or pro se litigant
  • With five (5) business days notice to opposing counsel or pro se litigant (unless short notice agreed by parties).
  • The Judge will review all motions scheduled for UMC prior to the hearing. Accordingly, prior to the scheduled hearing, please send a courtesy copy of the notice of hearing and motion for all UMC matters, to email: CAD-DivisionFY@pbcgov.org.
  • Counsel should also bring a copy of the motion and notice of hearing to the UMC hearing, along with one blank proposed Order with all email addresses listed upon the Order. UMC Orders will be e-served following the hearing.
  • ALL Notices of cancellation are to be submitted to the Divisional E-mail address at mailto:CAD-DivisionFY@pbcgov.org
    If you resolve your motion prior to the hearing date, please contact the Judicial Assistant as soon as possible. You can call 561-274-1452 or email CAD-DivisionFY@pbcgov.org to notify the Court of your cancellation.
  • Appearance by telephone is permitted at UMC hearings in compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451, using CourtCall, unless otherwise arranged with the Court. CourtCall.com is the service provider used for the purposes of scheduling and appearing via telephone. You must notify the opposing side to let them know that you will be appearing by telephone. The opposing side that is not appearing by telephone must advise the judge at the beginning of the hearing that the hearing is by 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.

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 with all email addresses listed on it, or provide self-addressed stamped envelopes for each party. Judicial Assistant will e-serve all orders, or mail to parties using envelopes provided to the Court. Please remember to leave a 3X3 inch space on the top-right-hand corner of the Final Judgment for recording purpose. The Clerk will not docket or record your Final Judgment without this space.
  • 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

  • Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
  • Parties requesting hearing must confirm availability with opposing counsel or pro se litigant before setting the hearing. Special set hearings must be scheduled online via the Division FY online calendar. Hearing times are available in blocks of 15 or 30 minutes. Upon receipt of an online special set hearing, please send proposed Order Specially Setting Hearing in Word format (See Divisional Forms and Orders) for Judge Schosberg Feuer's signature to CAD-DivisionFY@pbcgov.org. Thereafter, the Judicial Assistant will scan and email the signed Order on Special Set Hearing to all counsel/parties.
  • 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.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.
  • Any hearing that requires more than thirty (30) minutes; please send your request to Judge Schosberg Feuer with the amount of time requested for your motion and a copy of the motion to CAD-DivisionFY@pbcgov.org. Judge Schosberg Feuer will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once the Judge has reviewed the motion.
  • Judge Schosberg Feuer 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 the following email address: CAD-DivisionFY@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 10 pages total, please send a courtesy copy via US mail to the Court (please allow plenty of time if sending via US mail). These documents must be provided at least 72 hours prior to the hearing.
  • PLEASE PRE MARK YOUR EXHIBITS USING THE CLERK'S FORMAT:
    Evidence - Unified Family Court: Pre-Marking Guidelines
  • ONCE A HEARING IS SET, YOU CANNOT ADD ON MOTIONS THAT ARE NOT IN THE ORDER SETTING.

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. A witness may testify by telephone only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451. 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 via the Division FY online calendar.
  • Hearings are limited to a total of thirty (30) minutes. Administrative Order 5.207 unless permission granted by the Court following UMC hearing.
  • Please follow instructions for Special Set Hearings.

Emergency Motions

Motions for Emergency Hearing must be filed via the Clerk's e-portal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Judge 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.
  • 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.
  • 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 Baker = Hearing Room "D"
  • 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 FZ online calendar (Administrative Order 5.206) and send the Order Specially Setting Hearing in Word format to CAD-DivisionFY@pbcgov.org with a copy of the pleading and the order sustaining the objection to the judge's office.
  • Post judgment matters referred under Rule 12.490, Fla. Fam. L.R.P. (Non-Child Support Issues) require an Order of Referral to General Magistrate. See Administrative Order 5.104 and 12.490 Fla. Fam. L.R.P.
  • A proposed Order of Referral to General Magistrate must be submitted to the Judge utilizing the approved template in Online Scheduling application.
  • To submit a proposed Order of Referral, please log in to your Online Scheduling account and click on “Submit Order from Template”. View a tutorial video on how to submit a proposed order in Online Scheduling application.

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 must be emailed to CAD-DivisionFY@pbcgov.org.
  • Trial dates must be obtained and coordinated through the Judicial Assistant.
  • The number of days for trial must be agreed to by the parties. Trial Orders will contain trial dates, pretrial procedures, a case management conference date prior to trial, and mediation requirements
  • Trial Orders are served via email to all parties registered for e-service.
  • Continuances of trial require a hearing on Uniform Motion Calendar and will not be granted unless good cause is shown.
  • CAUTION: Do not notice your case for trial unless both sides agree the case is trial ready.

Service and Preparation of Judgments and Orders

  • FINAL JUDGMENTS and Orders will be e-mailed to all parties or mailed if there are pro se litigants.
  • Administrative Order 5.204 requires that some portion of text of the Order be included on signature page.
  • All Final Judgments must have a 3X3 inch space on the top-right-hand corner for recording purposes. The Clerk will not docket or record the Final Judgment without this space.
  • Proposed Final Judgments and/or Orders should be submitted by email to CAD-DivisionFY@pbcgov.org, in Word format, within ten (10) days following the hearing
  • Proposed order should include a cover letter specifying the date of the hearing and type of hearing.

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

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

"IMPORTANT UPDATE:
Division IX is NOW participating in Online Scheduling for hearings thirty (30) minutes or less.

Probate UMC & Ex-Parte Calendar:

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

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

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 for our Online Scheduling System or by visiting www.15thcircuit.com and selecting "View All Web Applications" from within the Circuit Web Applications box"

Division IX is participating in E-Filing and E-mail Service. Please send all proposed orders and judgments, and all courtesy copies of motions for special set hearings, memorandums, and case authority to: CAD-DivisionIX@pbcgov.org

Orders sent to the Court by email will be served to the parties by email ONLY. All orders must state a mailing and email address for each party for service. IF the opposing side is an email excused attorney or a pro se party (unless pro se party has agreed to email service) you must advise the court in writing that a hard copy of the order must be mailed to that person.

Probate Ex-Parte Calendar is held Tuesday & Thursday @ 8:30 a.m., in Courtroom 3. Uniform Motion Calendar (UMC) is held on Tuesdays, Wednesdays, and Thursdays. The hearings are not scheduled with the Judicial Assistant. The hearings are scheduled online using the UMC Online Scheduling Program. Accordingly, please send a courtesy copy of the motion and notice of hearing for all UMC matters, containing the name and docket number of your motion, to the UMC email address: CAD-DivisionIX@pbcgov.org.

If you resolve your motion prior to the hearing date, please contact the Judicial Assistant.

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

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 by email.
  • The following motions WILL NOT be heard at Ex-Parte or UMC:
    • Petition for Attorney, Guardian or Personal Representative Fees. Even if all parties consent to the attorney fee petitions, a 15-minute special set must be set. Please attach the invoices to your Petition so the Court may review the invoices prior to the hearing.
    • Petition to Approve Minor's Settlement
    • Personal Representative or Guardian Discharge (Petition to Discharge) - email to CAD-DivisionIX@pbcgov.org or mail in only, no special set required
    • 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

  • 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 scheduling the hearing.
  • Special set hearings are now scheduled using the Online Scheduling program for hearings thirty (30) minutes or less. Once the hearing is scheduled by Court order, it 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-DivisionIX@pbcgov.org.
  • Failure to comply with these procedures will result in cancellation of your hearing by the Court.
  • Any hearing that requires thirty (30) minutes or more, please send your request to Judge Schosberg Feuer with the amount of time requested for your motion and a copy of the motion (email your request). The Judge will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once the Judge has reviewed the motion.
  • Judge Schosberg Feuer 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 the following email address: CAD-DivisionIX@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 10 pages, please send motions, memoranda of law and supporting case law via US mail to the Court (please allow plenty of time if sending via US mail).
  • Appearance by telephone is permitted at special set hearings using CourtCall, However, you must get an order from the Court allowing you to appear telephonically for Special Set Hearings in compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451. 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. A witness may testify by telephone only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451. 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 database must also comply. Once in the database 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 must be filed with the Clerk's e-portal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing." Judge Ticktin 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 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.
  • Trial dates must be coordinated with the Judicial Assistant. The parties must agree on the number of days for trial.
  • Trial Orders will contain trial dates, mediation requirements, pre trial procedures, and a case management conference date prior to trial.
  • The original notice must be filed with the Clerk. A courtesy copy should be emailed to:CAD-DivisionIX@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 if good cause is shown.

Service And Preparation Of Judgments And Orders

  • FINAL JUDGMENTS and Orders will be e-mailed to all parties or mailed if there are pro se litigants or attorneys without e-service.
  • 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-DivisionIX@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 purposes. The Clerk will not record your Final Judgment without this space.
  • Proposed order should include a cover letter specifying the date of the hearing.