Relevant Palm Beach Administrative Orders:
ADMINISTRATIVE ORDER 5.201
IN RE: UNIFORM MOTION CALENDAR PRACTICE IN UNIFIED FAMILY COURT
The Family Court Judges, in accordance with Local Rule No.4, have specified that Uniform Motion Calendar (UMC), shall be held by all family divisions.
NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows:
1. Uniform Motion Calendar (hereinafter referenced as “UMC”) shall occur weekly in the Family Divisions of the Circuit Court of the Fifteenth Judicial Circuit pursuant to the following general schedule which is subject to adjustment based upon each particular Judge’s calendar and conflicts.
2. The purpose of the UMC is to provide a forum in which to resolve non-evidentiary procedural motions and uncontested Family Division proceedings, such as dissolution of marriage actions, within the framework of hearings that do not exceed 10 minutes. Contested proceedings including dissolution of marriage, paternity, support, custody, timesharing and non-routine non-evidentiary motions are not appropriate to be scheduled on UMC and will not be heard during the UMC.
3. All non-evidentiary/procedural motions scheduled for the UMC must contain a “good-faith” certification in either the motion or notice of hearing verifying that a good faith effort has been made to contact the opposing attorney or the opposing pro se party to discuss and make an effort to resolve by agreement the issues framed for hearing prior to filing the notice of hearing on said motion. Failure to adhere to this requirement may result in the motion being stricken from the UMC and/or the imposition of sanctions, in the court’s discretion. The court may waive this “good-faith” certification requirement.
4. No attorneys or pro se parties are permitted to cross-notice or “piggyback” one motion upon a previously schedule motion set by the opposing side, unless (a) both sides agree and (b) the maximum time limit of 10 minutes per case set forth hereinabove will not be exceeded. If time permits, the court in its discretion may, however, defer the hearings on any crossnoticed motions which both sides have agreed may be heard but which cannot be dealt with in the 10 minute time limit until all other motions scheduled on UMC related to other cases have been addressed. If time permits the court may elect to address the cross-noticed motion. The court reserves the option of taking certain UMC motions out of order based upon emergent or exigent scheduling or other circumstances.
5. Each moving party is obligated to bring an order that can be completed by the Circuit Judge or General Magistrate during the hearing reflecting his or her ruling together with the appropriate pre-addressed, stamped return envelopes. If the court requires that a more detailed order be prepared, the attorney or pro se litigant who is directed to prepare the order shall do so and submit same within 5 working days of said hearing together with the appropriate pre-addressed, stamped return envelopes.
6. Generally the Circuit Judges and General Magistrates presiding in the Family Divisions of this Circuit conduct UMC on:
a. Central County Courthouse: Tuesday, Wednesday, and Thursday – 8:45 a.m.-9:30 a.m.
b. North County Courthouse: Wednesday and Friday – 8:30 a.m.-9:30 a.m.
c. South County Courthouse: Tuesday, Wednesday and Thursday – 8:45 a.m.-9:30 a.m.
d. West County Courthouse: Monday 9:30 a.m.- 11:00 a.m.
7. The above-described UMC schedule is subject to change. Prior to scheduling any UMC calendar hearing, attorneys and their staff should consult the Fifteenth Judicial Circuit’s website (www. 15thcircuit.com) to review the judge’s calendar suspension dates.
ADMINISTRATIVE ORDER NO. 5.202
IN RE: MOTIONS TO COMPEL DISCOVERY IN FAMILY LAW CASES
Pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows:
1. Hearings on Motions to Compel Discovery: No motions to compel discovery will be heard unless the motion or notice of hearing contains a “good-faith” certification by the moving counselor moving pro se party to the effect that he or she has already contacted opposing counselor the opposing party, if that party is unrepresented, and attempted to resolve the discovery dispute without a hearing, but that the matter could not be resolved.
2. Ex Parte Motion to Compel: When a motion to compel discovery alleges a complete failure to respond or object to discovery and affirmatively states that no timely request for extension of time has been served, an ex parte order on the motion may be entered by the court which requires compliance with the original discovery demand within 10 days of the signing of the order. No hearing is required. The moving part shall submit a proposed order along with a copy of the motion to compel directly to the court along addressed, stamped envelopes for the court’s consideration. A copy of all materials provided to the court in accordance with this rule shall be timely provided by the moving party to opposing counselor the opposing party, if that party is unrepresented.
ADMINISTRATIVE ORDER NO. 5.203
IN RE: EMERGENCY HEARINGS IN FAMILY LAW MATTERS
1. Requests for Emergency Hearings shall be decided by each judge on the Emergency Motion alone. Upon receiving a request for an emergency hearing, the judge shall decide whether an emergency exists, and if so, shall schedule a hearing, enter any ex parte order deemed necessary, or take any other appropriate action.
2. Motions for Emergency Hearings will be denied unless there are sufficient allegations to establish that there is:
a. An imminent risk of substantial physical harm to a minor child; or
b. A child is about to be illegally removed from this Court’s jurisdiction.
3. Motions for immediate payment of child support and/or alimony or for timesharing usually do not meet the standard for emergency relief.