DIVISION AE is assigned to Courtroom 9C
ALL Uniform Motion Calendar [UMC] hearings, as well as 15 and 30 minute special-set hearings, including foreclosures. See more details below regarding scheduling.
NOTE: Due to the limited amount of hearing time available for special set hearings in Division AE, a case may only reserve ONE special set hearing on the court's on-line calendar, regardless of the party. If more than one party attempts to schedule a hearing on the same case on-line and there is already one hearing set on the case, the 2nd hearing will be cancelled. Contact the judicial assistant for further information.
Submission of Orders/Judgments to The Court - NEW WEB INFORMATION
Please read carefully - do not submit orders to the divisional CAD- they will be returned with the instructions to submit them through the on line services system.
Go to the updated 15th Judicial Circuit Home Page and under Circuit Web Applications click View All Web Applications. Click On Line Scheduling and follow the prompts from there. Submit all orders/judgments in WORD FORMAT (do not use tables or macros for the style of the case or attorney names). DO NOT SUBMIT ORDERS IN ANTICIPATION a hearing on matters which the court has not ruled. If the order being submitted is regarding a hearing held in open court, the date of the hearing and names of the party or parties in attendance must be included in the first sentence of the order. Judge Gillen will electronically sign the orders, so do not include a signature line or a space. The orders will be e-served to all attorneys of record at their registered email addresses and filed in state portal. Submissions which require service to a pro se party must indicate that the moving party is required to furnish the order via US Mail.
Listed below are the only documents permitted to be E-Served to the court through the divisional CAD (firstname.lastname@example.org) provided the following information appears in the subject line as indicated below. UNAUTHORIZED DOCUMENTS WILL BE DELETED. Contact the judicial assistant via telephone (561-355-6386 for instructions as to whether other documents may be emailed. Office communications are not handled via email in the division. You need to contact the judicial assistant via telephone. No proposed orders/judgments will be handled via the divisional CAD email as indicated above.
Notice to Set Trial; Notice of Settlement Jury Instructions are to be submitted as indicated below:
- Subject line: NOTICE TO SET TRIAL & Style of Case
- Subject Line: NOTICE OF SETTLEMENT & Style of Case
- Subject line: JURY INSTRUCTIONS & Style of Case and trial date/if the case is set #1 and requested by the court)
***Whenever a lawyer or pro se party is no longer involved in the case, and they are registered for e-service, they shall immediately take all necessary steps to remove their email address from the clerk's computerized file and the state portal.
E-Courtesy has been added to Judge Gillen's online services section and is for submission of documents that are related to hearings that are scheduled on line only. Do not submit orders through e-courtesy. See the instructions below for submission of orders/dismissals/judgments, etc.
Note: All documents for review must be timely filed and uploaded at least 2 business days prior to a hearing scheduled hearing date. The Court prepares for hearings at least 24 hours in advance. Documents that are not timely furnished will not be able to be viewed unless they're are timely uploaded through e-Courtesy, as it takes 2-3 business days for filed documents to be viewed on the docket.
Condition Precedent to Seeking Relief From The Court
Prior to seeking relief from the court, the parties are professionally obligated to make a good-faith effort to resolve their differences on the issue. Therefore, in every motion seeking relief from the court — especially ex-parte — the movant shall expressly certify in the motion that they have made a good-faith effort to resolve the issues with opposing counsel prior to filing. The Court will return without signature proposed orders on motions which do not comply with this requirement. See Administrative Order 5.202, Local Rule 4 and Rule 1.380(a)(2), Florida Rules of Civil Procedure.
All recorded orders/judgments must provide a 3x3 space in the upper right hand corner. Please see Rule 2.520. See list of documents at the end of these divisional instructions but, if you have any question, contact the Clerk of Court for further information whether your document requires the 3x3 space.
Telephone Appearances - Court Call
All telephone appearances are to set up via CourtCall. For telephone appearance, at least one party is required to appear in person at the hearing. All lawyers or persons wishing to appear via telephone are required to contact the judicial assistant for telephone procedures prior to contacting court call. All UMC court call appearances must be made at least two (2) full business days prior to the hearing date, to enable court call personnel to timely provide the court with the required court call documents. All Special Set hearing court call appearances must be made at least five (5) days prior to the scheduled hearing. Failure to do so will require your attendance at the hearing in person. Please make your court call requests as soon as the hearing is set to avoid a personal appearance. Unfortunately when the judicial assistant is out of the office, court call appearances cannot be approved. Once the party has been approved for telephone appearance, the party shall contact Court Call directly at 888-882-6878. A witness may testify only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. Civ. P. 1.451(b).
Residential Foreclosure Procedures
All pleadings/documents must clearly indicate "residential foreclosure" under the case number.
In cases where all parties are represented by attorneys, agreed orders & settlement orders may be uploaded pursuant to the instructions listed above.
In cases where there are self-represented (pro se) parties, the uploaded orders must include a provision that the moving party is required to furnish a copy of the order/judgment via U.S. Mail.
NOTE: Documents/Orders are only permitted to be e-mailed to pro se parties if the party has filed a Notice of Email designation with the Clerk of Court, otherwise all documents/orders must be mailed to pro se parties via U.S. Mail.
Appointment of Guardian Ad Litem/Administrator Ad Litem: The 15th Judicial Circuit uses a wheel system for appointments of approved attorneys. Do NOT send any orders with names of attorneys. The section for appointment is to be blank for the court to insert a name, address and phone number.
Residential Foreclosure Trials
Upon the filing of a Notice to Set Trial, the case will be set before a senior judge or Judge Gillen. The notice shall indicate that the case is at issue and the amount of time requested. The court will e-serve the order to counsel for Plaintiff, who shall forward the order to all defendants and file the required Notice of Service.
Litigants are strongly urged not to request more than 8 hours for a residential foreclosure trial.
You mail email your Notice to Set Trial as set forth below. Do not send envelopes. Plaintiff's counsel is responsible for service of all trial orders. The notice must indicate it is a Residential Foreclosure under case number.
Subject line: NOTICE TO SET TRIAL & Style of Case
Residential Foreclosure Special Set Hearings
All uncontested Summary Judgment motions will be scheduled on line and set before a senior judge. DO NOT SET UNCONTESTED FORECLOSURE SUMMARY JUDGMENTS ON THE DIVISION AE ON LINE CALENDAR - follow the prompts for scheduling.
For motions that require more than 10 minutes, the motion shall be scheduled on the court's on line calendar and coordinated with all appropriate parties. The hearings are set by order and the order is automatically uploaded to the court for signature. The judicial assistant is no longer scheduling the foreclosure hearings at this time, however, due to the amount of foreclosures in the division, this may change in the future. If the hearing will take longer than 30 minutes, you need to file a request to be placed on a trial docket, indicating the motion to be heard, the filing date of the motion and how much hearing time is requested. The judicial assistant will prepare an order setting the motion on the next available docket.
Uniform Motion Calendar - SCHEDULED ON LINE BY NOTICE
Monday 8:00 a.m. - 8:30 a.m. & Tuesday - Thursday @ 8:45 am - 9:30 a.m. BEGINNING APRIL 2ND UMC HEARINGS WILL BE HELD MONDAY - THURSDAY 8:45 A.M. TO 9:30 A.M. See Local Rule No. 4 for UMC requirements under Forms & Orders.
If you re-schedule your hearing, be sure to cancel the first hearing. You no longer need to provide copies of the notice and motion to the court by mail, the documents are to be uploaded at the time of scheduling. For any additional or amended filed documents, they can be uploaded via e-courtesy.
UMC Hearings that are ten (10) minutes or less (for all parties). Five (5) business days’ notice to the opposing party(s) and the court is required.
Notice of Cancelation: Remove your hearing from the on-line calendar.
Motions for Summary Final Judgment, unless based on a default, will not be heard on the UMC Calendar and must be specially set.
Special Set Hearings - SCHEDULED ON LINE BY ORDER
If the case is set on a trial docket, you may NOT set a hearing after the trial period begins.
The hearing date must be coordinated with opposing counsel/party.
All motions must be filed and docketed with the clerk of court prior to specially setting a hearing and the motion filing date must appear in the order.
All specially set hearings are scheduled on line and set by court order. The order is automatically uploaded through the system and the hearing cannot be cancelled. DO NOT DO A NOTICE.
Special Set Hearings cannot be cancelled without a properly filed Motion to Continue and must be set for Hearing on the UMC calendar. If the matter is resolved more than 24 hours prior to the hearing, you may contact the judicial assistant for instructions to submit an order disposing of the issue(s). If the matter is resolved less than 24 hours prior to the hearing, the moving party shall present the order at scheduled hearing time.
Hearings which the parties believe will take 15 minutes or 30 minutes are scheduled online. Go the 15th Circuit Website and click the Online Scheduling button and follow the directions.
NOTE: After the Order Specially Setting Hearing has been entered, any supplemental documents for the Court's review will have to be forwarded via hard copy. DO NOT EMAIL THE DOCUMENTS. Motions to continue must be set for hearing on the UMC calendar. Do not forward agreed orders granting a continuance unless your motion to continue has been set and heard by the Court. The JA cannot cancel hearings.
NOTE: If the case involves a pro se party or parties who have not elected to receive service of documents by e-service, the moving party shall provide a copy of the conformed order to the pro se party or parties.
For hearings that will take longer than 30 minutes:
Hearings that require more than thirty (30) minutes: Submit in writing, via U.S. Mail, a Notice for Motion(s) To Be Placed On The Court's Next Available Docket. The Notice is to be E-Filed with the Clerk of Court. Do not send a letter. All motions must be filed and docketed with the clerk of court. The Notice shall indicate the motion or motions to be heard, the filing date of the motion(s) and the amount of hearing time requested.
Pursuant to Administrative Order 3.206, Judge Gillen (or alternate judge during his absence) will decide whether the reasons set forth in a motion for emergency relief actually constitute an emergency. If the judge determines that the motion does allege a bona fide emergency, he will take whatever action he deems appropriate, including entry of an ex-parte order if permissible and warranted under the law. File your motion with the clerk of court and be sure to check the emergency button on the clerk's website so the motion is processed timely.
Rehearing or Relief-from-judgment Motions
Post-judgment rehearing or relief motions may NOT be set for hearing. File the original (which must state the date of hearing and docket number of any order from which relief is sought), with the clerk of court and provide a copy with supporting authority to the court. Also provide a proposed order with self-addressed stamped envelopes, to enable the court to serve the order by mail.
Motions to Withdraw
The Order must include the forwarding information for the unrepresented party in the body of the Order and the motion must be SET FOR UMC HEARING with notice to all parties.
The motion must contain a "separate certification signed by counsel" substantially similar to this: "I hereby certify that I have in good faith conferred or attempted to confer with the opposition in an effort to resolve the issue without resorting to court action." Substitution of counsel: Stipulations for counsel substitution must comply with Fla. R. Jud. Admin 2.505(e). When counsel substitution is for an individual as distinct from an entity, it is especially imperative that the substitution notice be accompanied by a consent signed by the client.
Notice to Set Trial
Residential Foreclosure cases see instructions above.
When a case is at issue and ready to be set for trial, e-serve a courtesy copy to the Court as follows:
email@example.com SUBJECT LINE: Notice to Set Trial & Style of Case
In cases where all parties are represented by counsel, the notice shall contain each attorney's name and the Order will be provided to all registered parties via Judicial eService.
In cases where one or more parties are NOT represented by an attorney, the notice shall contain the name and registered e-mail address for the attorney and the physical street address for the pro se party(s) Mail a copy of the Notice to Set Tria with a self-addressed stamped envelop for the pro se party and the Court will mal the trial order.
Do not call the judicial assistant to inquire when the trial will be set. Trial dockets are generally eight (8) weeks long and the calendar call will be approximately 10 days prior to the first day of the trial docket.
Prior to calendar call, counsel must have:
- participated in mediation,
- held a pretrial conference,
- exchanged exhibit and witness lists,
- agreed on the length of time the trial will take, including jury selection where applicable,
- agreed on time periods during the upcoming trial docket when all counsel are available,
- filed the pretrial stipulation,
- collaborated on proposed jury instructions, providing trial clerk with a single copy, noting the parties' differences, if any, on any specific provision,
- pre-marked the exhibits in accordance with instructions of the clerk and comptroller, and
- scheduled for hearing prior to trial any motion in limine or other pretrial motion, if time is available.
Pretrial Conferences and Motions in Limine
If, after the parties develop a pretrial stipulation, any party believes a pretrial conference will be in the interest of judicial economy, they should contact the judicial assistant to determine whether Judge Gillen will be able to specially-set a pretrial conference. Whether at a pretrial conference or at a hearing of more limited scope, in the interest of saving prospective juror or juror time and in an effort to focus the parties' evidence presentation prior to commencement of the trial, Judge Gillen will attempt to hear argument on motions in limine prior to the first day of trial.
Any party seeking to exclude evidence under a Daubert analysis shall file a motion with the court specifically identifying the basis for the Daubert challenge. All Daubert motions shall be scheduled and heard prior to the commencement of the trial docket.
In no event will Judge Gillen entertain unnecessary motions in limine which do no more than seek an order prohibiting counsel from violating the rules of evidence, making "Golden Rule" arguments during closing argument or expressing personal beliefs.
Plaintiff is to file a Notice of Settlement with the clerk of court and submit a copy to the court and the notice should include any trial date or hearing date pending. Email the Notice of Settlement to the divisional email (firstname.lastname@example.org) and in the subject line indicate: Notice of Settlement.
Special Set Hearings/Non-Jury matters: See Divisional Forms and Orders.
Jury Trials: PRE-MARKING EXHIBITS. BEFORE TRIAL, see Clerk's procedures and exhibit labels under Forms & Orders.
Documents Which Are Recorded and Therefore Require A 3"X3" Empty Space in the Upper Right Hand Corner of the Front Page of the Document:
- Amended Notice of Appeal
- Default Final Judgment
- Final Judgment Foreclosure
- Final Judgment
- Notice of Appeal
- Notice of Cross Appeal
- Notice of Non Final Appeal
- Order of Dismissal
- Vacate Final Judgment & Dismiss