New Online Scheduling for Uniform Motion Calendar and Special Set Hearings
Uniform Motion Calendar ("UMC") and Special Set hearings for Family Division FC and Probate / Guardianship Divisions IC are set through the Online Scheduling System.
After scheduling a Special Set hearing for Family Division FC and Probate / Guardianship Division IC online the system will automatically generate an Order Scheduling Special Set Hearing for Judge Kroll's signature.
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.
Courtesy copies of all UMC Hearing 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.
DO NOT mail courtesy hard copies of the UMC Notice of Hearing or Motions to the court.
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.
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:
All appearing for ex-parte must call the clerk of court and provide their case details in order to be placed on the calendar, no later than the business day prior to the hearing by 12:00 noon. Please ensure that your petition, motion and supporting documents are filed and docketed prior to setting for hearing. If your file is not with the Ex-Parte Clerk you will have one of two options:
- Return on the next Ex-Parte day;
- Leave your paperwork with the Clerk, together with your stamped self-addressed envelope (if you need conformed copies) and your file will be processed together with motions received through the mail.
- ALL e-filed documents must be docketed prior to scheduling your case for Ex-Parte.
- When attending Ex-Parte, a copy of the Will must be e-filed, as it is a requirement for Ex-Parte case case management review.
NO FILES WILL BE PULLED THE MORNING OF EX-PARTE. Files ARE NOT required for UMC Hearings.
Examples of Ex-Parte and UMC Matters:
- Petition for Administration (with or without agreed order for PR Appointment)
- Petition to Authorize Sale (consents from all beneficiaries required)
- 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 (uncontested)
- Motion to Intervene
- Motion for Instructions
- Motion to Compel
- Status Conference
- Motion for Protective Order
- Motion to Withdraw
- 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
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 unless contested)
- Appointment of Emergency Temporary Guardian
- Disposition of Personal Property Without Administration
- All Evidentiary Hearings
- Petition for Appointment of Guardians
Submission of Orders
All Probate and Guardianship Division "IC" Orders, Agreed or otherwise, must be submitted via regular mail, hand delivery or overnight mail.
Once signed, Orders for all divisions are e-filed. If there is a participant in the case who would need to be provided a copy of the Order but is not registered for e-service, a copy of the Order and addressed, stamped envelope must be provided for that individual/entity.
Pre-Marking of Exhibits
Parties shall pre-mark all exhibits prior appearing before the Court for hearing. Blank templates with the case name, date of the trial, case number, Judges name and other identifying information shall be brought to the trial. Contact the Clerk’s Office for assistance with pre-marking exhibits. Online the Clerk's office also has a template that can be downloaded to assist in marking exhibits.
Special Set Hearings
- Motions must be filed and docketed with clerk before a matter will be scheduled for special set hearing.
- Person requesting hearing must confirm availability with opposing counsel or pro se litigant before setting hearing. Special set hearings must be scheduled online via the Division IC online calendar. Hearing times are available in blocks of 15, 30, 45 or 1 hour slots. Upon receipt of the confirmation e-mail when scheduling the system will automatically generate an Order Setting Hearing and submit to our office for Judge Kroll's signature. Thereafter, the Judicial Assistant will e-file 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.
- Failure to comply with these procedures will result in cancellation of your hearing by the Court.
Any hearing that requires more than one (1) hour or more, please send your request to Judge Kroll with the amount of time requested for your motion and a copy of the motion to CAD-DivisionIC@pbcgov.org. Judge Kroll will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once Judge Kroll has reviewed the motion.
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.
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."
Fingerprint-electronic Only and Credit Report for All Guardians
Prior to the appointment of a Guardian, all propose guardians are required to submit to a level 2 criminal check and a credit report as required by Florida Statue 744.3135.
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 the 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:
FL50063Z - 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.
Results should be e-filed with a notice of confidential filing within court file.