RH/NC/H Divisional Instructions

 

State of Emergency

The Governor has declared a State of Emergency and the courts are taking mitigating measures. Please follow these guidelines: do not come to court if you are sick, have been diagnosed with COVID-19, had contact with someone with COVID-19, have been quarantined, traveled to an area with widespread COVID-19, or had contact with someone who travelled to an area with widespread COVID-19.

There is no requirement for anyone to appear in Court at this time.  We can accommodate anyone who is in fear of coming to Court even after the Courthouse reopens.  All Civil hearings can be conducted by phone, including mediations.

Misdemeanor Arraignments

All Arraignments scheduled in North County are being reset for approximately 8 weeks.  The Clerk will send you notice of your new date.  If you or your client is set for Arraignment at the North County Courthouse, you can file a Waiver of Arraignment and Waiver of Speedy Trial with the Clerk of Court.

You can also contact the Assistant State Attorney, Pam Ford, at (561) 624-6546 if you want to resolve your case through a Pretrial Diversion Program or Plea In Absentia without coming to Court.


SMALL CLAIMS

There will be no Small Claims Pretrial Conferences or Trials until May at the earliest.  The Court will still be reviewing motions, conducting phone hearings, and issuing orders.  Any Pretrials set for March 24, April 7, and April 21 will be reset.  Please contact the Clerks Office if you do not get your reset date in the mail.

EVICTIONS

The Governor has issued Executive Order 20-94.  This Order suspends and tolls eviction cases for non-payment of rent until May 18, 2020.  Thus, the five day requirement to deposit funds with the Clerk is tolled.  Defendants should still file an answer with the Clerk of Court by mail.  The Court will review the Answer and set the case for a phone mediation with a volunteer mediator.

https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf   

The Court will hear Motions to Determine Rent by phone, but will set a phone mediation prior to the hearing.  Based on the Governor's Order, no money is required to be paid into the Court Registry at this time.  The Court will not be entering Defaults for failure to pay money into the Court Registry until May 18, 2020. 

Due to the partial closure of the Courthouse during the State of Emergency, all answers and deposits of funds into the Court Registry should be mailed into the Clerk of Court.  Any answers/letters from Defendants should include the Case Number, Defendant's name, phone number, and email address.

TRAFFIC COURT

Traffic Court cases currently set for April will be reset and a new Notice of Hearing will be sent by the Clerk of Court.  Or you can reschedule with the Clerk at (561) 355-2994.

UMC

There will be no UMC beginning March 12.  Parties should try to resolve issues and provide an Agreed Order to the Court.  Otherwise, parties can request a special set hearing, or utilize Online Scheduling, and appear by phone through Courtcall (888-882-6878) or CourtScribes (833-727-4237 Ext. 3). 

 

Civil Cases Division RH

Uniform Motion Calendar Hearings

Starting August 1, 2018, UMC hearings will be heard on Fridays at 9:30 a.m. (unless otherwise suspended) and are set using the Online Scheduling System. Permission of the Court is not required to set hearings consisting of fifteen (15) minutes or less on the UMC. Five (5) business days’ notice must be given to opposing party, unless otherwise agreed. The Motion and Notice of Hearing must be filed with the Clerk’s Office with language which includes a certificate that a good faith effort has been made to resolve the issue prior to setting the hearing. A copy of the Motion to be heard at UMC should be presented to the Court at the time of the hearing. PHONE APPEARANCES ARE NOT ALLOWED AT UMC HEARINGS.

Specially Set Hearings

Special Set Hearings are set using the Online Scheduling System. Hearing times are available in 15 and 30 minute increments. (If you require more than a 30 minute hearing or you are requesting a Motion for Attorney’s Fees and Costs hearing, please contact the Judicial Assistant at CAD-DivisionRH@pbcgov.org). Prior to setting a special set hearing, you must first file your Motion with the Clerk of Court and then coordinate the hearing date and time with ALL parties. Once that has been done, go online and secure the date agreed upon. Do a NOTICE OF HEARING to set the hearing. A courtesy copy of your Motion and Notice should be provided to the Judge at least five (5) days prior to the hearing. In order to Cancel a Special Set Hearing, a Notice of Cancellation must be filed with the Clerk and a copy e-mailed (CAD-DivisionRH@pbcgov.org) to the Judge’s Office. Failure to notify the court of a cancellation will result in the Motion not being reset.

Telephone Appearance

Special Set Hearings may be heard by telephone. Telephone appearances must be arranged by contacting CourtCall at (888) 882-6878.

Delivery of Documents

Please note: Division RH is not participating in any e-courtesy proposed order uploads at this time. If all parties in a case have an e-mail addresses where they can receive a copy of an Order, please submit those proposed Orders to CAD-DivisionRH@pbcgov.org for signature. If not, please send, by US Mail, the Order to be signed, copies and self-addressed stamped envelopes.

Landlord/Tenant Cases

Eviction cases are heard on Tuesday at 10:00 a.m. or later. These cases are set by the Court after a review of any Motions sent to the Court, or when the Court decides there is a need for Mediation. Mediators will be available at no charge to the parties for Residential Mediations and $60.00 per side for Commercial Mediations.

Final Hearings on Eviction cases will normally be heard after Mediation, but may be specially set on another date.

Small Claims Pre-Trials

Pre-Trial Hearings for Small Claims cases are set every other Tuesday at 9:00 a.m. All Small Claims cases must go to Mediation. If not resolved, the case will be set for Trial. Mediators are provided for free. Stipulations to Waive Pre-Trial Hearings and Invoke the Civil Rules must be approved by the Court.

Personal Injury Protection (PIP)

Please review the County Civil Division PIP Procedures information which can be found on the County Civil page. PIP Attorneys are not required to attend the pre-trial hearing if the procedures are followed.

Trials

Trials are set by the Judicial Assistant upon request/motion. A pre-trial Order will be sent to both parties requiring mediation.

Traffic Court/Criminal/Misdemeanor Cases Divisions H/NC

Hearing Times

Motions to Recall Capias are set on Wednesdays at 1:30 p.m. (excluding suspension dates) Notice must be filed with the Clerk of Court.

All Criminal and Misdemeanor cases are heard on Wednesdays ONLY at 1:30 p.m. (unless calendar is suspended).

Petitions to Expunge and/or Seal are set on Wednesdays at 1:30 p.m. - Notice must be filed with the Clerk of Court.

VOPs are set on Wednesday at 2:00 p.m. (unless calendar is suspended)

All Traffic Motion Hearings are heard on Traffic Tuesdays (ONLY) at 9:00 a.m.