Marcus - Divisional Instructions

CAD E-MAIL ADDRESS: CAD-SCHROOMC@PBCGOV.ORG

The Divisional Email Address is for limited communication as detailed below. Do NOT attempt to communicate with the Magistrate's Office by email for any reason, unless you are expressly authorized to do so by the General Magistrate or the Magistrate's Assistant. E-mails will only be accepted if approved by the General Magistrate or the Magistrate's Assistant. Under no circumstances should the divisional email be used for purposes of copying the Court on any email communications between counsel/parties on any matter not related to scheduling a hearing with the Court, unless expressly permitted by the Magistrate's Assistant.

Orders of Referral and Scope of Jurisdiction of the General Magistrate

All authorized matters in FY, IZ, FW and Odd Case Numbers In FZ.

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.

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;
  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.

Only one motion or pleading is to be listed on each proposed Order of Referral.

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.

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

All proposed Orders, Judgments, and Orders of Referral must be submitted to the Magistrate via the Court's Online System (OLS) in WORD FORMAT. The same will NOT be accepted via email. Go to the website for the 15th Judicial Circuit and select "View All Web Applications," then "Online Services" and then enter your login.

Submission of Exhibits 

You MUST submit all documents to the Magistrate and opposing counsel or the opposing party (if self-represented) at the same time. If the documents are not submitted to the other party, then the evidence will not be considered by the Magistrate. Submission of the proposed exhibits does not guarantee admissibility of the documents into evidence. Please be sure that confidential information (such as bank account numbers, Social Security numbers, etc.) be removed from documents provided to the Magistrate as required by Florida General Practice and Judicial Administration, Rule 2.420(d).

COUNSEL: If you wish to introduce electronic evidence to the Court, please send all documents to the Magistrate VIA THE DIGITAL EVIDENCE PORTAL ON THE ON LINE SERVICES (OLS) TO DIVISION SCHC. Please navigate to CourtHelp4U on YouTube for training materials on uploading documents. The documents must be submitted at least three (3) days BEFORE the trial or hearing.

SELF-REPRESENTED PARTIES: If you wish to introduce evidence to the Court at your hearing, please send all documents you propose to introduce to the Magistrate's Office at CAD-SCHROOMC@PBCGOV.ORG in PDF format, at least three (3) days BEFORE the trial or hearing.  If your proposed exhibits are comprised of more than twenty (20) pages total, and are not being submitted via the evidence portal, then please submit an exhibit binder with a table of contents to the Magistrate's Office.

If you are appearing in person, please note that all documents must be submitted at least three (3) days BEFORE the trial or hearing to the Magistrate and opposing party simultaneously. Please bring all necessary documents, as well as copies for the opposing party and the Magistrate to your scheduled hearing. The Court cannot make copies for you.

Ultimately, the admissibility of all documents will be determined by the Magistrate at the hearing.

Uniform Motion Calendar- UMC hearings (Scheduled online):

Uniform Motion Calendar hearings may be conducted by telephone or video-conferencing. The parties do not need to request the Court's approval to schedule a UMC hearing via zoom, they may do so by simply including the below Zoom information in your Notice of Hearing and a courtesy copy must be sent to the Magistrate via the Cad-email: CAD-SCHROOMC@PBCGOV.ORG.

The Magistrate is now using Online Scheduling for UMCs.

To access online services from the 15th Circuit Website's home page click View All Web Applications under Circuit Web Applications then click online services to begin using. Or click on the link below.

 Online Services

Instructions for all UMC are as follows:

  • All UMC Hearings with parties represented by Counsel MUST be scheduled through Online Services (OLS).
  • UMC Hearings may be conducted either remotely via Zoom, in-person or hybrid (zoom and in-person). The Notice of Hearing MUST indicate which method will be utilized.
  • Uniform Motion Calendar will be held weekly, every WEDNESDAY at 8:00 AM starting September 1, 2023
  • Parties shall ensure compliance with Administrative Order 5.201-6/19 prior to scheduling a hearing on UMC. View AO 5.201
  • Scheduling is solely between the parties and/or self-represented litigant. UMC hearings are not scheduled with the Magistrate's Assistant. 
  • UMC hearings must be scheduled no less than five (5) business days prior to the hearing date (unless short notice is agreed by the parties and General Magistrate).
  • All UMC hearings must include the full name of the Motion being heard and the filing date of the Motion.
  • No evidentiary hearings will be heard on UMC.
  • The Magistrate reserves the right to cancel any UMC hearings that the Magistrate determines is not appropriate for UMC
  • Self-represented litigants may provide courtesy copies of their UMC motion(s) and notice of hearing to the Court via divisional email: CAD-SCHROOMC@PBCGOV.ORG, or US Mail.
  • If there is an urgent non-evidentiary matter, parties may also contact the Magistrate's Office to request a special set hearing.

UMC Zoom Meeting Information

Meeting Link: Zoom Link

Meeting ID: 854 7637 3238
Passcode: 577111

AUDIO ONLY: by calling:

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

When prompted enter, Meeting ID: 854 7637 3238; Passcode: 577111

Requests for Evidentiary Hearings and/or Trials

ALL EVIDENTIARY HEARINGS AND NON-JURY TRIALS ARE SET ONLY THROUGH THE MAGISTRATE'S ASSISTANT. DATES ARE NOT AVAILABLE VIA OLS.

All requests for special set hearings, evidentiary hearings and Non-Jury trials must be in writing and sent to the Magistrate's Office via email at CAD-SCHROOMC@PBCGOV.ORG.  You must copy the opposing party or opposing counsel on your email request. Your Notice/Motion must be filed and docketed with the Clerk before hearing dates will be provided or will be set.

Your written request must include:

1. Reference of the motion/petition to be heard accompanied by the date filed with the Clerk,

2. An attached copy of said motion/petition,

3.An attached copy of the Order of Referral,

4. The estimation of time necessary to hear the matter,

5. and, if necessary, a copy of the notice of unavailability that has been filed with the Clerk.

 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.

All evidentiary hearings will be set in person before the General Magistrate. Any requests to appear remotely via Zoom must be by way of filing the appropriate motion with the Clerk of Court prior to consideration.

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 Ilana Marcus, 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# C, 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

Cases will be continued only upon the filing of motion that has been signed by the party and set for hearing. The moving party must request a date from the Magistrate's Assistant via email at CAD-SCHROOMC@PBCGOV.ORG". However, if it is the first request for continuance and the continuance is agreed, then the moving party may file a stipulation signed by both counsel and their clients, and submit a proposed agreed order that includes a new hearing date on the matter, or status conference date to reset the motion hearing/final hearing date. All further requests for continuance will be considered only by motion and hearing.

Cancellations

A hearing may be cancelled only by submission of an agreed order that resolves the pending matter, or the filing of a notice that the motion or petition has been withdrawn. A Notice of Cancellation should also be filed.

Language Interpreters

The Court does not furnish interpreters for non-DOR family division proceedings for a party or a witness. It is the party's responsibility to make arrangements before the hearing or trial. The interpreter cannot be a friend or family member and must be Court certified.

Service of Documents on Self-Represented Parties:

Unless the self-represented party has filed a Notice of Email Designation with the Court for electronic service, or the self-represented party had electronically filed pleadings with the Court via the E-filing Portal, the Court requires all documents to be furnished to self-represented parties via U.S. Mail.

Self-represented parties should immediately advise the Clerk of the Circuit Court of any changes in their address. Failure to update addresses in writing shall not serve as a lack of notice or due process defense.