Benjamin-Wise - Divisional Instructions

Assignments:

All post-judgment matters in Division FX, IZ, Even Case Number post-judgment matters in Division FZ and Even cases in Marchman Services Hearings.

No Ex-Parte Communication will be accepted by US mail or by email.

Orders of Referral and Scope of Jurisdiction of the General Magistrate

All post-judgment matters in Division FX, IZ, Even Case Number post-judgment matters in Division FZ including modifications, motion for contempt, and or enforcement of Final Judgment must be referred to the Magistrate.

The assigned General Magistrate will solely preside over all matters related to a motion or petition which is referred without objection including, but not limited to, discovery matters; dismissal motions; continuances; motions for temporary relief; motions for child testimony; motions to appoint guardian ad litem; parenting coordinator; social investigations; motions to appear telephonically; and motions to withdraw.

If an amended motion or pleading is filed raising new substantive non-child support matters, an Amended Order of Referral is required.

"No Referral" List:

Prior to scheduling any Unified Family Court Hearing be certain to check the "No Referral" List contained in Administrative Order 5.104-5/09 (D)(2) to ensure that the matter referred is appropriate for hearing by the General Magistrate.

For Non-Child Support Matters

For non-child support matters, the General Magistrate may only hear cases where there is an Order of Referral. See Florida Family Law Rules of Procedure Rule 12.490. If the movant is represented by Counsel, it is Counsel's responsibility to submit an Order of Referral with the following:

  1. The specific title of the pleading or motion and case number;
  2. The name of the party filing the motion or pleading;
  3. The date the motion or pleading was filed; and
  4. The assigned hearing room number listed immediately under the Case Number and Division (The assigned hearing room for Magistrate Benjamin-Wise is Hearing Room D).

For Child Support Matters Including Child-Related Expenses

For child support matters, including child-related expenses, an Order of Referral is NOT required under Rule 12.491 and should not be issued per Administrative Order 5.104. However, if Counsel is requesting attorney's fees, an Order of Referral must be submitted as to that issue alone. That Order of Referral must state that attorney's fees are the sole subject of the Order of Referral.

Civil Contempt/Enforcement Hearings:

If a Party wants to submit documents at the time of the hearing for the Court's consideration, then that Party shall bring THREE (3) COPIES of that document; one for the Court and one for the other Party. If a Party is seeking enforcement of child support, alimony, health insurance premiums, medical expense reimbursement, day care/summer camp costs, etc, which are NOT paid through the State Disbursement Unit (SDU) in Tallahassee, then the Party seeking enforcement shall prepare a detailed organized, itemized, and summarized statement for the Court and opposing party indicating the total of the items that has been paid, what has not been paid, and what if any reimbursement is due. Said Party shall also provide the Court and opposing party with a copy of the supporting bills, canceled checks, credit card receipts, etc.

If the motion only involves child support, then each party shall bring a stamped envelope to the hearing. If the motion involves anything other than child support, then each party shall bring two stamped envelopes.

General Magistrate's "Global" Jurisdiction:

Once an action for non-jury trial or motion is referred to the Magistrate all discovery issues, procedural motions/matters, motions in limine, etc., as well as any motion for continuance is to be heard by the Magistrate not the Circuit Judge. It is the function of the Magistrate to alleviate and assist in the Circuit Judge(s) caseload, part and parcel of which is the global disposition of all ancillary motions/issues pertaining to the underlying action or motion previously referred.

Objections to Order of Referral

Any objection to an Order of Referral to a General Magistrate shall be provided by the party filing the objection to the General Magistrate to whom the referral was made, or in the event of a preemptory objection, to the General Magistrate to whom the referral would have been made. The General Magistrate will prepare a proposed Order on the objection for the Circuit Judge who will rule upon the objection in writing. See Administrative Order 5.104.

Matters that Shall Not Be Referred to the General Magistrate

Please see Administrative Order 5.104(D)(2) to ensure that the matter referred is appropriate for hearing by the General Magistrate. View AO 5.104

Submission of Proposed Reports/Orders/Judgments:

Do not submit orders to the divisional CAD - follow instructions below

  1. ALL proposed orders, judgments, and orders of referral etc. should be submitted through the on-line services system [OLS] without a signature line, as the orders will be signed electronically and will be E-Filed and E-Served. If the order being submitted is regarding a hearing held in open court, the date of that hearing and the parties in attendance must be included in the first sentence of the order.
  2. The online scheduling system does not allow you to hold dates, so you must be sure the date is coordinated with all parties prior to setting the hearing. All motions be filed and docketed with the clerk prior to scheduling a UMC hearing. All proposed orders must include the motion filing date.
  3. The proposed Orders/ judgments, etc. that are being submitted via Online Services [OLS] must be in WORD format.
  4. To submit your order/judgment: Log on to the NEW 15th Judicial Circuit website and click View All Web Applications under Circuit Web Applications then click online services and sign in with user name and password, then case number and follow the prompts. Pick the 3rd option: Upload a Proposed Order.
  5. If you need any help submitting proposed orders via OLS please visit the courts YouTube page, CourtHelp4U, for additional help.
  6. When you are uploading a proposed order to OLS you must verify you are uploading to the correct Magistrate and Division.
  7. All proposed orders are to be formatted using the modified semi-block format. Use the Times New Roman font, in font size 12. Single-space within the paragraphs and double-space between paragraphs. Set the left and right margins at 1-inch and the bottom margin at a 1-inch minimum and justified.

Uniform Motion Calendar- UMC hearings (Scheduled online):

The Uniform Motion Calendar shall be set at 8:45 am each Wednesday (unless suspended). The Uniform Motion Calendar is for non-evidentiary matters that require less than five minutes per side.

All Uniform Motion Calendar hearings shall be scheduled via Zoom or other video conferencing at the request of any party per Rule 2.530, Fla. R. Gen. Prac. & Jud. Admin. The Zoom information (below) must be included in your Notice of Hearing and a courtesy copy sent to the Magistrate via the Cad-email CAD-SCHRoomD@pbcgov.org. The UMC hearing notice must issue at least five (5) days before hearing.

Counsel must submit proposed Orders via OLS prior to the UMC hearing. Otherwise, your scheduled matter may not be heard.

UMC Zoom Meeting Information

Meeting Link: Zoom Link

Meeting ID: 819 0643 0757
Passcode: 112233

AUDIO ONLY: by calling:

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

When prompted enter, Meeting ID: 819 0643 0757; Passcode: 112233

Request for Evidentiary Hearings and/or Request for Trial:

Effective October 20, 2025, Special Set hearing, Non-Jury Trials, and evidentiary Motion hearings are set with the Court through the Magistrate Assistant.

Before requesting a special set hearing or request for trial (1) the motion(s) must be filed and docketed with the Clerk of Court; (2) If needed, the Order of Referral shall be prepared and the objection period expired; and (3) The parties shall comply with AO 5.209, except for section regarding envelopes, prior to requesting a hearing date and time. In keeping with professional courtesy, any party scheduling a hearing shall make a good faith attempt to resolve the matter, undertake reasonable efforts to contact the opposing party/counsel for availability or scheduling conflicts.

For matters that require a hearing before Magistrate Sheena Benjamin-Wise, the party requesting said hearing should submit an email to CAD-SCHRoomD@pbcgov.org {with a copy to the opposing party} and the email shall include:

  1. an estimate of the time needed to hear the matter;
  2. a copy of the signed order of referral [if necessary];
  3. a copy of the motion(s);
  4. a copy of the notice of unavailability that has been filed with the court
  5. the subject line of the email must include the words:
    SPECIAL SET, the case number and name of the parties
  6. If your opposing party does not have an email address, please verify that they have been notified of the hearing request via US mail.

The Magistrate's staff will make every effort to contact the parties to schedule a hearing. Please note that the Magistrate's office may, from time to time and as the circumstances require, schedule hearings without coordinating it with the parties or their counsel.

Caution: If the General Magistrate's Assistant calls you and you fail to call back and respond after the second documented attempt to contact you, your Motion will be deemed abandoned and a Memo to the Clerk memorializing your failure to respond will be placed in the Court file without further action being taken by the General Magistrate.

Electronic Submission of Documentary Evidence (i.e., Exhibits)

If you wish to introduce documentary evidence to the Magistrate in the form of exhibits at your hearing or Non-Jury Trial please comply with the following procedure. Documentary evidence includes any papers, photographs, or other items that can reasonably be shared electronically.

  1. If the documents comprising your exhibits total 10 pages or less, then submit at least 3 days prior to the hearing or Non-Jury Trial. Attorneys and self-represented parties shall submit the documents in electronic format to the Magistrate's Office through the DIGITAL EVIDENCE PORTAL ON LINE SERVICES (OLS) TO DIVISION SCHD at least three (3) days BEFORE the hearing. Please navigate to CourtHelp4U on YouTube for training materials on uploading documents.
  2. If your proposed exhibits are comprised of more than twenty (20) pages, then please submit an exhibit binder, with each exhibit tabbed and numbered, and including a table of contents to the Magistrate's Office via US Mail at least three (3) days before the first day of trial or hearing.
  3. You must send these documents to the opposing party at the same time you submit same to the Magistrate, in the same method as submitted to the Magistrate. If the documents have not been submitted to the other party then the evidence may not be considered by the Magistrate.
  4. Your submission of the documents to the Magistrate does not guarantee the admissibility of same into evidence and each party is required to lay the appropriate foundation for the admissibility of each piece of evidence under the Florida Rules Of Evidence.
  5. Finally, you are cautioned that confidential documents or information (such as Bank Accounts and Social Security Numbers, etc.) may not be admitted unless you comply with Fla. R. Jud. Admin., Rule 2.420(d).
  6. If the parties attempt to comply in good faith with these instructions governing the submission of documentary evidence but technological issues prevent a meaningful submission or review of the evidence through remote means, the Magistrate may continue or reset the evidentiary hearing or Non-Jury Trial to ensure that due process is complied with.

Non-Jury Trials:

A Non-Jury Trial will be scheduled by the Magistrate as part of the case management process when a Notice to Set Cause for Trial is filed by counsel. Please be certain to include an accurate time estimate, any vacation or trial conflicts, and two sets of pre-addressed, stamped return envelopes for each party. As for pro se Non-Jury Trials, same are scheduled in coordination with the Family Division "FX or, FZ" Case Managers that advise the Magistrate whether-or-not cases appear ripe for Non-Jury Trial. In addition, during the course of another matter when review of the Court file reflects that the case is ripe for Non-Jury Trial, the Magistrate may sua sponte schedule same for Non-Jury Trial. The Magistrate will issue an Order Setting Final Hearing and Implementation of Uniform Pretrial Procedures in connection with all Non-Jury Trials.

Notices of Hearing

All Notice of Hearings must include the ADA language pursuant to Administrative Order 2.207, and Review and Recording language per Florida Family Law Rules of Procedure Rule 12.490(d)(4) and (5). Matters shall be heard before General Magistrate Sheena Benjamin-Wise, or her successor or alternative General Magistrate. If a special set hearing was requested and the matter is set to be heard via Zoom, please request the Zoom information from the Magistrate's Assistant to include in your Notice. Matters set to be heard in person shall take place at the South County Courthouse, 200 West Atlantic Avenue, Hearing Room# D, Delray Beach, Florida 33444. For Notices of Hearings on contempt motions, please include contempt language required by Florida Family Law Rules of Procedure Rule 12.615(b) and Florida Family Law Form 12.961.

Continuances:

Any request for continuance must be in writing and co-signed by the Client in compliance with Florida Law Rule of Procedure rule 12.460 and set for hearing on the Magistrate's Calendar (after receiving a hearing date from the Magistrate's Assistant). Alternatively, if the continuance is agreed to by opposing counsel, and it is the first time the parties are requesting to continue the matter, a stipulation signed by both counsel and their clients, stating the reason for the continuance, should be submitted together with a proposed order either: (a) assigning a new hearing or non-jury trial date; or, (b) setting a status conference to obtain a reset date. All subsequent requests for continuances, shall be by proper motion and hearing before the Magistrate.

Cancellations:

Cancellations may occur by (1) Agreed Order confirming that the matter has been resolved and the pending matter resolved or withdrawn; or (2) Notice of cancellation confirming that the matter has been resolved and the pending motion or petition resolved or withdrawn; (3) All cancellations must be approved by the Magistrate. The proposed Agreed Order shall include the Agreement, and if applicable, the Parenting Plan and Child Support Guidelines Worksheet.

Interpreters:

An interpreter will not be provided by the Court for hearings before the Magistrate, except for in a Department of Revenue (DOR) proceeding. If an interpreter is needed for a party or a witness, it shall be the responsibility of the party needing same to provide a disinterested, qualified interpreter. For further information or for assistance locating an interpreter, please visit the link at Court Interpreters.

Notice to Payors

Effective July 1st, 2005 the Clerk of the Circuit Court transferred the obligation for preparation of Notices to Payor. This is the document which is served on the obligor's payor/employer, together with a copy of the controlling Income Deduction Order, to facilitate wage garnishment. When any Order establishing, modifying or enforcing child support and/or alimony is going to be wage garnishment is going to be effectuated, it is the obligation of Counsel to prepare the Notice to Payor, to prepare the U.S, Postal Service form 3811 green card and postage to the Court (or General Magistrate) to sign and mail. Once the card is received by the obligor's payor/employer the proof of receipt {i.e. the signed form 3811 green card} should be filed with the Clerk of the Court to evidence service.

Status Inquiries

Do not have a party client or that person's spouse, significant other, parent or friend call to inquire about the status of a pending ruling or otherwise discuss the status of a Report or Recommended Order. No inquiry should be made by Counselor Counsel's staff as to the status of a matter earlier than 60 days from the date of hearing, unless the matter has been deemed emergent by the General Magistrate and a date in advance of 60 days for completion of the Report or Recommended Order has been promised by the General Magistrate.

General Courtroom Conduct and Behavior

All Court proceedings shall be conducted with dignity, decorum, courtesy and civility.

Children in Court: Pursuant to Rule 12.407, of the Florida Family Law Rules of Procedure: "No minor child shall be deposed or brought to a deposition, to court to appear as a witness or to attend a hearing, or be subpoenaed to appear at a hearing without the entry of a prior order of the court authorizing same, based on good cause shown unless in an emergency situation."

Documents Filed in the State E-Portal:

DOCUMENTS TAKE APPROXIMATELY 2-3 DAYS TO BE DOCKETED AND VIEWED. It is extremely important to file your documents timely for the Magistrate to review.