here - Palm Beach County Bar Association

New Attorney Seminar
February 26, 2014
 Documents generally
 Notices of Hearings
 Motions
 Proposed Orders
• In the Circuit Court of the Fifteenth Judicial Circuit In
and For Palm Beach County, Florida
• In the County Court In and For Palm Beach County,
• Case Number
• Division
• Include specifics – not simply “Motion” or “Order”
• “Plaintiff, John Doe’s, Motion for Partial Summary
• “Order Denying Plaintiff, John Doe’s, Motion for
Partial Summary Judgment”
Date, Time, Location
 List in the Notice of Hearing
 Check to make sure Judge has not suspended calendar
 Special Set Hearings – check with division re: online
 Make sure you have correct room number
ADA Language
 Florida Rule of Judicial Administration 2.540
• All summonses and notices of hearings shall include the
approved ADA language in bold 14 point font (times
new roman or courier font).
• 7 days advance notice is required.
 Administrative Order 2.207
 Must include Spanish and Creole translations.
 Language found at
Example 1
Example 2
Example 3 – Different Header/wrong local
Example 4 – certificate of compliance
Wrong ADA Language
Used correct ADA format
Re-Notice of Hearing
There is no “UMC Clerk”
Title of Motion
 Clearly set forth the party seeking relief
 State relief that is being sought
Body of Motion
 Should set forth statutes, rules, case law under which
motion should be granted
 Should set forth facts supporting the basis upon which
the motion should be granted
 Each point set forth in different numbered paragraph
 Legal Argument should be in a Memorandum of Law
which is NOT filed with the Clerk of Court
Certificate of Service
• Include street address and email address in Certificate
of Service.
• Do NOT put “copies provided to all counsel of record”.
Must list specific attorneys
Wherefore Clause
 Set forth relief you want from court
 Don’t ask for attorney’s fees unless there is a basis.
Signature Line
• Florida Rule of Judicial Administration 2.515
• Every pleading and other document shall be signed by at
least 1 attorney of record
• Signature is to include:
• Name
• Address on file with The Florida Bar
• Telephone number with area code
• Primary e-mail address and secondary e-mail addresses, if any
• Constitutes a certificate that the attorney has read the
pleading or document and that to the best of the attorney’s
knowledge, information and belief, there is good ground to
support it and that it is not interposed for delay.
Example 1
Example 2
Example 3
This is really a memo of law
Title of Order
 State whether the order was granted or denied
 State the motion that is being ruled upon.
 Order Granting Plaintiff, John Doe’s, Motion for
Partial Summary Judgment.
 Order Granting in Part and Denying in Part Defendant
Susan Smith’s Motion to Compel Production of
Body of Order
 May need to recite factual or procedural history
 May need to recite findings of the court
 May need to recite case law being relied upon
Ordered and Adjudged Clause
 Set forth what the court is ordering
 It is hereby Ordered and Adjudged that the Plaintiff,
John Jones’ Motion to Compel is hereby Granted.
 It is further Ordered and Adjudged that the
Defendant, Susan Smith, shall pay the defendant’s fees
and costs in bringing this motion in the amount of
Done and Ordered Clause
 Done and Ordered this
day of
, 2013 in Chambers in West Palm Beach,
Palm Beach County Florida.
 Done and Ordered in Open Court in Delray Beach,
Palm Beach County, Florida this
, 2013.
day of
Signature Line
 Page containing judge’s signature MUST have text of
the order.
 Signature cannot be on a page by itself.
 List Judge’s Name and underneath County Court Judge
or Circuit Judge. Should clearly identify Judge.
Service List
 Must separately list the names of attorneys or pro se
litigants receiving copy of order
 Cannot list “Copies provided to all counsel of record”
Example 1
Example 2
Agreed Orders
 Parties agree and mail in order.
 Order must have cover letter outlining case name, case
number, if it is agreed, and self addressed stamped
envelopes (if judge not using e-service)
Agreed Order - “Done and
Ordered” on page by itself