Local Rules,
Administrative Orders,
Divisional Instructions….Help!!
What Do They All Mean?
January 29, 2014
What is the difference between
a local rule and an
administrative order? Do I
really have to follow them?
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Local Rules:
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A rule of practice or procedure of
the circuit
Approved by the Supreme Court
Administrative Orders:
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Issued by the Chief Judge
Directives necessary to properly
administer the court’s affairs
Administrative Order Series
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Series
Series
Series
Series
Series
Series
Series
2 – All Divisions
3 – Civil
4 – Criminal
5 – Family & Juvenile
6 – Probate & Guardianship
10 – Traffic
11 – Internal Procedures
How do I know if an
Administrative Order has been
updated or amended?
Updated Administrative Orders
Updated Administrative Orders
Do I have to call ahead to the
judge’s office to schedule an
8:45 Uniform Motion Calendar
hearing (UMC)?
15th Circuit – Local Rule 4
Uniform Motion Calendar
entered January 1991
Local Rule 4
Administrative Order 3.201
Administrative Order 5.201
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Circuit Civil UMC: M-Th 8:45-9:30
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Ten minute hearings (5 minutes/side)
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Non evidentiary hearings
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Courtesy Copy of Notice, Motion and
Proposed Order(s) with Envelopes
Opposing counsel failed to show
for a properly noticed UMC
hearing, what should I do?
Local Rule 4 (6)
Failure of any party to appear at the time
set for the commencement of the calendar
shall not prevent a party from proceeding
with the hearing.
If a party called for hearing chooses to wait
for an absent party, the matter will be
passed over but shall retain its position on
that day's calendar.
The Judge asked me to prepare a
proposed order. Is there a special
format that I have to use or are
there specific procedures that I
have to follow?
Local Rule 3
Administrative Orders 2.306, 3.204 & 5.204
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The moving party must furnish the Court with:
• correct number of copies of a proposed order or judgment
and;
• stamped addressed envelopes with sufficient postage (unless
division e-serves).
Proposed orders:
• must be delivered, faxed or read to opposing counsel at least
one day prior to submission
• must be submitted within 10 working days.
All orders:
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Signature page must contain portion of the text.
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Must list the name and address of all persons receiving copies
I would like to move the Court
for a rehearing. Can I set this
motion to be heard on the
Uniform Motion Calendar?
Local Rule 6
Petitions for Rehearing
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Petition is to be filed with the clerk of
court.
A copy of both the Petition and the order
at issue is to be provided to the judge.
The judge will either deny the petition or
set it for oral argument.
I have scheduled a deposition in a
personal injury case with a witness
who I know has a concealed weapon’s
permit and who has previously
threatened me.
Can I take the deposition at the
courthouse since there is screening?
Administrative Order 2.107
Deposition Rooms
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Main Judicial Center: Rooms on the 4th
Floor are available on Tuesdays & Fridays
and Thursday afternoons.
South County: Rooms 2W-151 and 2W-152
are available on Mondays and Fridays.
First come-First served. No reservations
are accepted.
4th Floor Main Courthouse
South County Courthouse
Criminal, Dependency &
Delinquency Depositions
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Administrative Order 2.501
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Witness Management Office
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Location: Fifth Floor central courthouse
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Electronically Recorded Depositions
Why do I have to include all this
language about disability
accommodations on my
Summonses and
Notices of Hearings?
Rule of Judicial Administration 2.540
& Administrative Order 2.207
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All summonses and notices of hearings shall
include the approved ADA language in bold 14
point font (times new roman or courier font).
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Must include Spanish and Creole translations.
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7 days advance notice is required.
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Translation is on the Circuit’s website.
ADA Requests
(party/witness with a disability)
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The Court arranges and pays for:
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ASL interpreters
Real-time transcription
Braille documents
TTY phones
ADA requests may be made by:
• ADA@pbcgov.org
• (561) 355-4380
If the court provides a sign
language translator under the
ADA, would the court then also
provide a foreign language
interpreter?
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Court Administration only provides foreign
language translators in specific types of
due process areas (such as in criminal
matters or domestic violence cases).
You are required to bring your own foreign
language translator to proceedings in the
civil division.
I filed a Motion to Compel
Discovery but was scolded by
the judge for not contacting the
opposing party. Why would I
have to do this?
Administrative Order 3.202
Motions to Compel Discovery
Motions or Notice of Hearing on
Motions to Compel Discovery must
contain a certificate that:
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opposing counsel was contacted
an attempt to resolve the discovery
dispute without a hearing was made.
dispute could not be resolved.
I called the judge’s office to try
and schedule a hearing on my
emergency motion but the JA
said no. It will only take 5
minutes - why can’t the judge
just hear the motion?
Administrative Order 3.206/5.203
Emergency Matters in Civil/Family
Requests for Emergency Hearings
shall be decided by each judge on
the Emergency Motion alone.
Family cases:
imminent risk of
physical harm to child or child is
about
to
be
removed
from
jurisdiction.
Am I permitted to hand deliver
courtesy copies to the
judge’s assistant?
Judicial Mail
(judges and clerk’ s office)
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No hand deliveries to judge
Time stamp documents in and sign log at
front desk
Judicial Drop off box located through
security by elevators
No dropping off after 4:45
Hand Deliveries for Judges
sign in, time stamp and drop off by 4:45
All mail must be searched & opened in the mail room
There is information in a court
filing that both sides agree the
public should not see. Can we
submit an agreed order to seal
the file or the pleading?
Rule of Judicial Administration 2.420
Public Access to Judicial Records
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Revised March 2010
Outlines procedure for determining
confidentiality of court records
“Notice of Confidential Information within
Court Filing”
Oral Arguments held Sept. 2012 regarding
changes
Administrative Order 2.303
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Procedure for requesting sealing of
files or proceedings not addressed in
Rule of Judicial Administration.
Press and public have right to notice
and to be heard on the sealing.
What is the Difference Between
E-Service and E-Filing
Rule of Judicial Administration 2.516
Service of Pleadings and Documents
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Effectively eliminated Rule 1.080 (it now simply
states to refer to 2.516)
Email service only for attorneys in civil, family,
probate, appeals effective September 1, 2012.
Optional for the Court to serve by email
Rule lists requirements as how the document is
to be attached and what information is needed
in email.
Rule of Judicial Administration 2.525
E-Filing of Pleadings and Documents
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Effective April 1, 2013 filings will be made
electronically through the Clerk’s Portal for
civil and family.
https://www.myflcourtaccess.com/
The electronic filing of the document will
NOT serve the document.
I tried to efile a document with
the clerk’s portal but I got back
a message stating that the
document was put into the
queue. What does that mean?
Administrative Order 2.312
Electronic Filing of Documents
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original documents
affidavits
returns of service
verified documents
non conforming documents
I am switching law firms and
taking some active litigation files
with me. Do I need to notify
anyone at the courthouse about
my new business address and
phone number?
Notice of Change of Address
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Administrative Order 2.311
File a Notice of Change of Address in
each case you are taking with you.
Have your old firm file a notice of
change of attorney in the cases that
are remaining with the firm.
How Should I Title a Motion or
Proposed Order
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Include Name of Party
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Include Description of Motion/Order
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Do Not Simply state “Motion” or “Agreed
Order” or “Order”
Examples:
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Plaintiff, John Smith’s, Motion for Leave to
File Second Amended Complaint
Order Granting Plaintiff, Peter Jones’,
Motion to Strike Third Affirmative Defense
Why do I receive notices of
lack of prosecution or lack of
service from the court in
some cases but not in others?
Case Management Project
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1.070 (j) – Lack of Service
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1.420 (e) – Lack of Prosecution
Closure of Cases
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Rule 1.100(c)(3) & Form 1.998 – Final Disposition
Form administratively closes the file and removes
from court’s pending caseload
File form 1.998 with Clerk after filing Voluntary
Dismissal or Final Judgment.
Stipulation for Dismissal - File form 1.998 so long
as ALL parties have signed.
Some type of final order or dismissal must be
filed in order for case to be closed.
Form 1.998 – FINAL DISPOSITION FORM
DIVISIONAL INSTRUCTIONS
Divisional Instructions are specific to a
judge:
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Procedures to be followed when requesting
a telephonic appearance
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UMC Paperwork
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Requests to set a special set hearing
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Participation in E-Service
I need some audio/visual
equipment for a special set
hearing and then for a trial. Do I
have to get an outside vendor or
is the equipment available for
rent at the courthouse?
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TV/DVD rental
$30 a day
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Elmo/Projector
$100 a day
(includes screen)
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Screen only
$30 a day
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View Box (for x-rays)
$30 a day
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Deposit Required
equal to one
day rental
Is there a place within the
courthouse where I can work
between hearings?
Law Library Membership
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Attorney room located inside law library
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Dedicated computer & free Westlaw
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Reduced cost for Westlaw case printing ($.15/page)
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Free faxes (incoming and local outgoing)
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Free e-mail delivery/printing ($.15/page)
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Free TV/DVD rental
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50% off courtroom equipment rental fees
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Annual cost $120.00 (only $60 for additional
attorneys in the same firm)
Questions??