IC Divisional Instructions

Online Scheduling for Uniform Motion Calendar

Uniform Motion Calendar ("UMC")  for Family Division FC and Probate / Guardianship Divisions IC are set through the Online Scheduling System.

Only non-evidentiary motions that DO NOT require testimony can be scheduled during UMC.

 Online Scheduling

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. 

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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:

Ex-Parte-Calendar

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:

Ex-Parte

  • 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)

UMC Matters

  • 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.
  • Effective January 1, 2019, division FC / IC will no longer utilize the online scheduling for special set hearings. Counsel should contact the Judicial Assistant for the next available dates / times to coordinate with opposing counsel. 
  • Any hearing that requires a hearing time of more than one (1) hour, counsel must obtain prior approval of the Court for setting.  Please submit a cover letter to Judge Kroll indicating the amount of time requested for the respective motion along with a copy of the motion.  Judge Kroll will review and determine the amount of time that the Court will allocate for hearing.  The judicial assistant will contact you once Judge Kroll has reviewed the request.

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

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.

  • EXPERIAN
  • TRANSUNION
  • EQUIFAX

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