New Online Scheduling for Uniform Motion Calendar and Special Set Hearings
Uniform Motion Calendar ("UMC") and Special Set hearings for Family Division FC and Probate / Guardianship Divisions IC are set through the Online Scheduling System.
After scheduling a Special Set hearing for Family Division FC and Probate / Guardianship Division IC online. Once a Special Set hearing has been confirmed an Order Scheduling Special Set Hearing will automatically be generated and submitted to the Judge's Office for signature.
Only non-evidentiary motions that DO NOT require testimony can be scheduled during UMC.
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 and Special Set 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. Special Set Hearings are set by Court order and cannot be cancelled except by further order of the Court unless the matter is settled (with an agreed order presented to the Court) or withdrawn.
Learn more about e-courtesy
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:
- Counsel has conferred with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised.
- Counsel has made reasonable efforts to confer with all parties who may be affected by the relief sought in the motion but has been unable to do so.
If you have not complied with these amended requirements, please reschedule your hearing.
Uncontested Dissolutions of Marriage
Can be heard at UMC provided the following occurs:
- Five (5) days in advance copies of notice of hearing, pertinent pleadings and documents are provided to Judge;
- Complete Testimony at Final Hearing and Final Disposition Forms must be completed;
- Confirm notice required by Fla. Fam. L.R.P. 12.440 and Fla. Stat. §61.19;
- Bring proof of residency Fla. Stat. §61.052(2);
- Verify all documents necessary are in court file (Fla. Stat. §§61.052(7), (8); 61.21(4). Fla. Fam. L.R.P. 12.285(d)(j);
- Provide a proposed final judgment with self-addressed stamped envelopes for each party, if not registered for e-service;
- Income Deduction Order or Income Withholding Order, if needed.
Please utilize the procedure above for scheduling matters on the UMC Docket.
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.
- Person requesting hearing must confirm availability with opposing counsel or pro se litigant before setting hearing. Special set hearings must be scheduled online via the Division FC online calendar. Hearing times are available in blocks of 15, 30, 45 or 1 hour slots. Upon receipt of the confirmation e-mail when scheduling the system will automatically generate an Order Setting Hearing and submit to our office for Judge Kroll's signature. Thereafter, the Judicial Assistant will e-file the signed Order on Special Set Hearing to all counsel / parties.
- Special set hearings are set by Court order and cannot be cancelled except by further order of the Court unless the matter is settled (with an agreed order presented to Court) or withdrawn.
- Failure to comply with these procedures will result in cancellation of your hearing by the Court.
- Any hearing that requires more than one (1) hour or more, please send your request to Judge Kroll with the amount of time requested for your motion and a copy of the motion to CAD-DivisionFC@pbcgov.org. Judge Kroll will review and decide whether the amount of time you are requesting is appropriate for your motion. The judicial assistant will contact you once Judge Kroll has reviewed the motion.
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.
Temporary Relief Hearings
- Mediation on the Temporary Relief Sought (following the filing of the motion for temporary relief) must be held before the temporary relief hearing will be scheduled Administrative Order 5.207.
- Following mediation, if parties are unable to reach an agreement, temporary relief hearings may be set via the Division FC online calendar.
- Hearings are limited to a total of thirty (30) minutes. Administrative Order 5.207 unless permission has been granted by the Court following a UMC hearing.
- To scheduled the hearing follow the instructions on for scheduling a special set hearing.
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."
Notice to Set Cause for Trial
Notice must include whether the final hearing is on original action or a subsequent action (Fla. Fam. L.R.P. 12 440 and Fla. R. Civ. P. 1.440(b)).
The party filing the Notice shall provide the Court via cover letter with the following:
- A copy of the Notice for Trial;
- Copies of all current Notices of Unavailability for both sides;
- An estimated time for the final hearing and what the opposing party's position is on the same;
- Stamped envelopes for all parties.
Upon receipt thereof the case will be scheduled for Differentiated Case Management Conference.
Trials are set by Court order and cannot be cancelled or continued except by further order of the Court unless the matter is settled with an executed settlement agreement.
Submission of Orders
All Family Division "FC" Orders may be submitted via regular U.S. Mail, hand delivery, overnight or via e-mail to: email@example.com.
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.
Proposed form of order should include cover letter or form cover sheet specifying the date of the hearing, verifying the proposed order has been sent to opposing party and whether the form of the order is agreed to by opposing party, sufficient copies of the proposed form of order and stamped, self-addressed stamped envelopes for mailing to all parties (A.O. 2.306 ).
All parties’ names and addresses must be included on the orders. Orders which are submitted without agreement should state why the other party does not agree and what efforts were made to reach agreement. Orders must be submitted within five (5) business days following the hearing; unless otherwise instructed by the Judge.
Agreed orders should in the title state they are agreed orders.
Post Judgment -Modifications, Contempt & Enforcement
- All post-judgment matters are referred to the Magistrate;
- All child support post-judgment matters are heard by the Magistrate, no order of referral is required;
- Attorney or pro se litigant should send the proper Order of Referral to the Judge;
- Attorney or pro se litigant may file an objection to the referral;
- If the objection to Magistrate is sustained, after the Order is docketed, counsel shall contact the Judicial Assistant to schedule the matter (Administrative Order 5.1.04);
- Pro Se litigants should contact the case manager to schedule the matter for hearing;
- When requesting a Final Hearing on a post-judgment Petition or Motion, please include the name of the pleading in your trial notice along with a copy of the pleading and Order Sustaining Objection to General Magistrate. Upon receipt the matter will be scheduled for Differentiated Case Management Conference.
Appearance by Telephone
Attorneys and pro se parties may appear via telephone only via www.courtcall.com. No Motion or Order for telephone appearance is required, however, your opposing counsel / party must be aware that you are appearing via telephone. A witness may testify only in strict compliance with Fla.R. Jud. Admin. 2.530 and Fal.R.Civ.P. 1.451(b). Please note, if you are a witness or are planning to give testimony in your case, you must have a notary public present with you for the purpose of confirming your identification and/or to swear in the witness.
Contact Information for Attorneys and Self-Represented Litigants:
Adoption and Name Changes
- All adoption and name change statutory requirements must be met before a final hearing will be set;
- Staff Attorneys review all adoption matters and the Case Manager reviews name change petitions;
- No hearings will be set until after the case has been reviewed;
- A status order from the Court may be issued to the parties;
- Following all requirements being met by the parties, the Judicial Assistant will contact the party to schedule a final hearing.
Temporary and Concurrent Custody Proceedings
Please review Administrative Order 5.111 which outlines the new procedures.
Parties must comply with Administrative Order 5.111 prior to requesting a hearing. Once all documents have been filed the counsel shall contact the Judicial Assistant to obtain a special set hearing time.