Seventeenth Judicial Circuit of Florida, Broward County Service and Proof of Service Rules

CRITICAL

Applies to

Motion

Before scheduling a special set hearing, a copy of the motion must have previously been provided to opposing counsel.

At the time of scheduling, the motion must be filed with the Clerk, a copy sent to the Judicial Assistant and a copy having been previously provided to opposing counsel.

CRITICAL

Applies to

Motion

Before scheduling a five-to-ten minute motion hearing, a copy of the motion must have previously been provided to opposing counsel.

At the time of scheduling a hearing, the motion must be filed with the Clerk, a copy sent to the Judicial Assistant and a copy having previously provided to opposing counsel.

CRITICAL

Applies to

Notice of hearing

Service

Email to opposing party

The moving party must email the notice of hearing to opposing counsel and the Judicial Assistant, and no motion will be heard without notice of hearing to opposing counsel.

The moving party shall prepare a notice and email a copy of the notice to opposing counsel and the Judicial Assistant. A motion shall not be heard without notice of hearing to the opposing counsel.

CRITICAL

Applies to

Notice of hearing

Service

Email to opposing party

The moving party must send the notice of hearing to opposing counsel and the Judicial Assistant, and no motion will be heard without notice of hearing to opposing counsel.

The moving party shall send opposing counsel and the Judicial Assistant a copy of the notice of hearing. A motion shall not be heard without a notice of hearing to the opposing counsel.

CRITICALCriminal cases

Applies to

Notice of hearing

Once a hearing date is confirmed, the moving party must complete a Notice of Hearing, file it with the Clerk's office, and provide it to the non-moving party.

Once a date is confirmed, a Notice of Hearing shall be completed, filed with the Clerk's office, and provided to the non-moving party by the moving party.

CRITICALCriminal cases

The court will refuse to hear a motion to withdraw unless the defendant and other parties are properly noticed.

The Court will not hear any motion to withdraw where the Defendant/other parties are not properly noticed.

CRITICALCriminal cases

Applies to

Motion

The written motion emailed to the Judicial Assistant for a special set hearing must be properly served on all parties.

Please email the Judge's Judicial Assistant a copy of the written motion setting forth the requested relief, with proper service of copies to all parties.

CRITICALCriminal cases

Copies of ROR or pretrial release modification motions must be properly served on all parties.

Please email the Judge's Judicial Assistant with a copy of the written motion setting forth the requested relief, with proper service of copies to all parties.

CRITICALCriminal cases

Applies to

Hearing request

Service

Email to opposing party

Hearing request emails to the Judicial Assistant must include a courtesy copy to the opposing party.

In order to obtain a hearing date, an email shall be sent to the Judicial Assistant with courtesy copy to the opposing party.

CRITICALCriminal cases

The moving party must serve the notice of hearing on the non-moving party, and the Judicial Assistant is not responsible for confirming the non-moving party received notice.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion. It is NOT the Judicial Assistant's responsibility to ensure or confirm that the non-moving party has received notice.

CRITICAL

Motions require proper notice to opposing counsel and must be set for a hearing; they may not be noticed for Calendar Call.

All motions must be filed in writing and courtesy copies provided to the Judge and opposing counsel at least 48 hours prior to the hearing, proper notice sent to opposing counsel and set for a hearing. NOT at CALENDAR CALL.

CRITICAL

After confirming the non-moving party's availability, the moving party must serve the notice of hearing on the non-moving party; the Judicial Assistant will not confirm that notice was received.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion. It is NOT the Judicial Assistant's responsibility to ensure or confirm that the non-moving party has received notice.

CRITICAL

A cancelled motion hearing requires filing a Notice of Cancellation with proper notice to all interested parties.

If the motion is to be canceled, then a Notice of Cancellation of the hearing must be filed with proper notice to all interested parties.

CRITICAL

When a written continuance is granted, the filing attorney is responsible for noticing opposing counsel.

If a written continuance is granted, it is the filing attorney's responsibility to notice the opposing counsel.

CRITICAL

Pro se parties must include the opposing party in all email correspondence to the Case Management office.

If emailing this office, you must include the opposing party in all e-mail correspondence to this office.

CRITICAL

Service

Electronic service

Within two days of a withdrawal order being signed, the attorney must register the client's email with the Florida Courts E-Filing Portal for e-service.

The attorney must register the client's email with the Florida Courts E-Filing Portal in order to receive notices, orders, and e-mail notifications and be included on the e-Service List within two (2) days of the Order being signed.

CRITICAL

Applies to

Motion to withdraw as attorney

The client must be served with the Motion to Withdraw and Notice of Hearing, and the certificate of service for both documents must include the client's name and contact information.

You are also required to serve on your client a copy of the Motion to Withdraw as Attorney of Record and a Notice of Hearing. You must include your client's name and contact information in the certificate of service for both the Motion to Withdraw as Attorney of Record and Notice of Hearing.

CRITICAL

Motions for new trial must be served no later than ten days after the return of the verdict in a jury action or the filing of the judgment in a non-jury action.

All motions must be served not later than ten (10) days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.

CRITICAL

Applies to

Motion for new trial

Motions for new trial must be served within ten days of the verdict (jury) or the filing of judgment (non-jury).

All motions must be served not later than ten (10) days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.

CRITICAL

Applies to

Notice for trial

Service

Mail to clerk

A Notice for Trial must be filed with the Clerk and a copy mailed or emailed to the JA.

When filing a “Notice for Trial”, you MUST file the original with the Clerk of Court and mail or email a copy to the JA.

CRITICAL

Applies to

Emergency motion

Service

Email to all parties

Emergency Motions and Urgent matters should be filed with the Clerk and emailed to the Judicial Assistant and all parties.

Emergency Motions and Urgent matters should be filed with the Clerk and emailed to the Judicial Assistant and all parties.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw as attorney of record must be set for hearing with notice to the client and all parties, unless a new lawyer is substituting.

Motions to Withdraw as attorney of record must be set for a hearing with notice to the Client and all parties, unless a new lawyer is substituting.

CRITICAL

Applies to

Notice of hearing

The moving party must prepare and serve the Notice of Hearing on the non-moving party and email a copy to the Division/Judicial Assistant; the Judicial Assistant is not responsible for confirming notice.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving, and email the Division/Judicial Assistant a copy of the Notice of Hearing on your Motion. It is NOT the Judicial Assistants responsibility to ensure or confirm that the non-moving party has received notice.

CRITICAL

Applies to

Exhibits

Exhibits for evidentiary hearings must be hard copies pre-marked by the Clerk, with a copy provided to opposing counsel.

Hard copies of all exhibits must be pre-marked by the Clerk, with a copy provided to opposing counsel.

CRITICAL

The moving attorney is responsible for promptly filing and serving pretrial motions and obtaining a hearing time.

IT SHALL BE THE RESPONSIBILITY OF THE MOVING ATTORNEY TO PROMPTLY FILE AND SERVE SUCH MOTIONS AND OBTAIN A HEARING TIME.

CRITICALCivil cases

Applies to

Notice of hearing

All parties must be formally noticed of any hearing set before the Court; the automated CMS notification is not sufficient.

All parties are required to file a Notice of Hearing for any hearing set before the Court, and notice all parties. The automated notification is not sufficient.

CRITICALCivil cases

The canceling party is responsible for advising interested parties that the hearing or trial is canceled.

THE CANCELING PARTY IS RESPONSIBLE FOR ADVISING INTERESTED PARTIES THAT THE HEARING OR TRIAL IS CANCELED

CRITICAL

Applies to

Pleading

Any pleading provided to the Court as a courtesy must be certified as simultaneously provided to the opposing party or counsel of record.

You must certify that any pleading provided to the Court as a courtesy was also simultaneously provided to the opposing party or counsel of record.

CRITICAL

Applies to

Motion to withdraw as attorney

The moving attorney must serve the client with a copy of the Motion to Withdraw and the Notice of Hearing.

You are also required to serve on your client a copy of the Motion to Withdraw and a Notice of Hearing.

CRITICAL

Applies to

Order withdrawal of counsel

Service

Electronic service

Attorneys must register the client's email with the State's e-Portal for e-service within two days of the withdrawal order being signed.

The attorney must register the client's e-mail with the State's e-Portal in order to receive notices, orders, and e-mail notifications and be included on the e-Service List within two (2) days of the Order being signed.

CRITICAL

Applies to

Motion to withdraw

If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.

If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.

CRITICAL

Deadline

5 business days

Applies to

Witness and exhibit lists

Witness and exhibit lists must be exchanged with the opposing party no less than five business days before an evidentiary hearing.

Evidentiary hearings that require witness testimony or exhibits require the parties to file AND exchange such witness and exhibit lists no less than five (5) business days prior to the hearing.

CRITICAL

Applies to

Motion for summary judgment

Rule 1.510 requires the summary judgment motion to be served at least 40 days before the hearing.

Remember Rule 1.510 requires that the motion be served at least 40 days before the time set for the hearing and requires the non movant to serve a response at least 20 days before the time set for the hearing.

CRITICAL

Applies to

Response to motion for summary judgment

The non-moving party must serve a response to a summary judgment motion at least 20 days before the hearing.

Rule 1.510(5) requires the non movant to serve a response at least 20 days before the time fixed for the hearing.

CRITICAL

Applies to

Motion for summary judgment

A motion for summary judgment must be served at least 40 days before the hearing (Rule 1.510(b)).

Rule 1.510(b), requires the motion be served at least 40 days before the time fixed for the hearing

CRITICAL

All emails regarding the setting of hearings must copy opposing parties and/or counsel.

All e-mails regarding setting hearings must ‘cc’ opposing parties and/or counsel.

CRITICAL

Applies to

Response

The nonmovant must serve a response at least 20 days before the summary judgment hearing.

Rule 1.510(5) requires no movant to serve a response at least 20 days before the time fixed for the hearing.

CRITICAL

Service

Electronic service

Parties must not add Division 21 to the service list when e-filing documents with the Clerk's Office.

THIS IS A REMINDER: when filing any/all letters/documents/pleadings/etc. with the Clerk's Office, please DISCONTINUE adding Division 21 to the SERVICE LIST in the e-filing portal.

CRITICAL

Applies to

Motion for summary judgment

Summary judgment motions must be served at least 40 days before the hearing (Fla. R. Civ. P. 1.510(b)).

Rule 1.510(b), requires the motion be served at least 40 days before the time fixed for the hearing

CRITICALCivil cases

Applies to

Proposed order

A party submitting a proposed order must provide an advance copy to the opposing party to confirm any objections before submitting it.

Any party submitting a proposed order shall provide an advance copy to the opposing party to confirm whether an objection to the proposed language exists; the submitting party must then certify that all parties agree to the language as an accurate statement of the Court's ruling and that the order does not otherwise require any further hearing prior to entry under either Florida law or the Rule of Procedure.

CRITICALCivil cases

Applies to

Supporting materials

Summary judgment supporting materials must be served with the motion and with the response.

Per Fla.R.Civ.P. 1.510(c)(5), the supporting materials must be served with the motion and with the response.

CRITICAL

Applies to

Unavailability letter

Service

Electronic service to opposing party

A copy of the unavailability letter must be e-served on opposing counsel.

Your letter must also be e-filed as correspondence and a copy must be e-served on opposing counsel.

CRITICAL

Counsel must serve the client with the Motion to Withdraw and Notice of Hearing, and must include the client's name and contact information in the Certificate of Service for both documents.

You are also required to serve on your client a copy of the Motion to Withdraw as Attorney of Record and a Notice of Hearing. You must include your client's name and contact information in the Certificate of Service for both the Motion to Withdraw as Attorney of Record and the Notice of Hearing.

CRITICAL

Service

Mail to opposing party

Documents sent to the Court must state they were mailed or emailed to the opposing side or they will be returned as unauthorized ex parte communications.

All documents sent to the Court must state that they were mailed or emailed to the opposing side in the same email or they will be returned as an unauthorized, ex parte communications.

CRITICAL

Applies to

Notice of hearing

The party setting a hearing must provide the Notice of Hearing to all parties or their attorneys, even where a default has been entered, or the matter will not be heard.

The party setting a hearing is also responsible for providing a Notice of Hearing to all parties or their attorneys. Even where a default has been entered, all parties shall receive notice. If a hearing is not properly noticed, the matter will not be heard.

CRITICAL

Service

Email to all parties

Self-represented parties must designate an email address for service, and until they do, attorneys cannot rely on email service alone and must serve per Rule 2.516(b)(2).

Rule 2.516(b)(1)(C), Fla. R. Gen. Prac. & Jud. Admin., now requires, with certain limited exceptions, self-represented parties to designate an email address for service of court documents. However, attorneys are reminded that until the self-represented party serves a designation of a primary email address pursuant to this rule, certifying service via email alone will not suffice; service in these instances must be made in accordance with Rule 2.516(b)(2), Fla. R. Gen. Prac. & Jud. Admin.

CRITICAL

Applies to

Order

Service

Mail to all parties

Parties without an email service address must be served by U.S. Mail by the party submitting the order, with the required language on the service list.

** If there are any parties without an email service address, it is the responsibility of the party submitting the order to serve those parties via U.S. Mail. The following language should be included on the service list: “Petitioner/Respondent will receive a conformed copy via U.S. Mail to the following:”

CRITICAL

Applies to

Notice of hearing

Service

Email to court

The notice of hearing must certify that the other party received notice via email.

The notice of hearing shall certify that the other party has received notice via email.

CRITICAL

The Court will refuse to hear a motion to withdraw if the Defendant is not present and proper notice was not given.

The Court will not hear any motion to withdraw where the Defendant is not present and no proper notice was given.

CRITICAL

Applies to

Notice of hearing

Service

Email to opposing party

The moving party must serve the non-moving party and email the notice of hearing to the Division/Judicial Assistant; the Judicial Assistant is not responsible for confirming the non-moving party received notice.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion. It is NOT the Judicial Assistant's responsibility to ensure or confirm that the non-moving party has received notice.

CRITICAL

Applies to

Motion to withdraw

Without written client consent, counsel moving to withdraw must serve the client with the Motion and Notice of Hearing.

If you do not have a client’s written consent in accordance with Fla. R. Jud. Adm. 2.505, please serve the client with both the Motion and the Notice of Hearing.

CRITICALCriminal cases

Applies to

Notice of hearing

Service

Email to opposing party

The moving party must serve the non-moving party and email the Division/Judicial Assistant a copy of the notice of hearing; the Judicial Assistant will not confirm the non-moving party received notice.

Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion.

CRITICALCriminal cases

Applies to

Notice of hearing

Service

Email to all parties

After a hearing date is confirmed, the moving party must file the notice of hearing with the Clerk and serve copies on all other parties and the Judicial Assistant.

Once a date is confirmed by the Judicial Assistant, the moving party shall file a notice of hearing with the Clerk’s office, and serve copies via email or other type of service, if required, to all other parties and the Judicial Assistant.

CRITICALCriminal cases

Applies to

Motion

Service

Email to all parties

A copy of the written motion must be emailed to the Judicial Assistant with proper service on all parties.

Please email the Judge’s Judicial Assistant a copy of the written motion setting forth the requested relief, with proper service of copies to all parties.

CRITICAL

Service

Electronic service

Attorneys and self-represented litigants must provide an e-mail address for electronic service of signed orders and update it via Form 2.603 whenever it changes, unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Service

Electronic service to all parties

After cancelling a hearing, a notice of cancellation must be immediately filed and served on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self- represented litigant.

CRITICAL

Applies to

Motion

Motions must be filed in writing, properly notified to opposing counsel, and set for a hearing; they will not be heard at Calendar Call.

All motions must be filed in writing, properly notified to opposing counsel, and set for a hearing—NOT AT CALENDAR CALL.

WARNING

When a written continuance is granted, the attorney is responsible for providing notice to the Defendant.

If a written continuance is granted, it is the attorney's responsibility to notice the Defendant.

WARNINGCivil cases

Service

Electronic service

When filing any documents with the Clerk's Office through the e-filing portal, parties must discontinue adding Division 26 to the service list.

when filing any/all letters/documents/pleadings/etc with the Clerk's Office, please DISCONTINUE adding Division 26 to the SERVICE LIST in the e-filing portal.

WARNINGCivil cases

Service

Electronic service

Attorneys are responsible for logging onto the State Portal and permanently removing their name from the service list.

It is the attorney's responsibility to log on to the State Portal and remove his name permanently from the service list https://myflcourtaccess.com/

WARNING

A copy of the written verified emergency motion must be provided to the opposing party and the divisional judge.

A copy of the written verified motion shall be provided to the opposing party and the divisional judge.

WARNING

All motions must be filed and served on the appropriate parties pursuant to the applicable rules.

All motions shall be filed and served on the appropriate parties pursuant to the Rules.

WARNING

Service

Email to all parties

The moving party must notify all relevant parties and also send an email copy to the court.

The moving party is responsible for notifying all relevant parties. They must also send an email copy to the court.

WARNING

Service

Electronic service to all parties

Electronically signed orders are served by email on all relevant parties, and parties who have not received service confirmation within 48 hours should contact chambers.

All electronically signed orders by this court will include electronic service to all relevant parties as per the Fla. R. Gen. Prac. & J. Admin. Please check your designated email address for service of orders before contacting chambers. If you have not received service confirmation for your order within 48 hours, please contact Chambers for an update.

WARNING

Applies to

Exhibits

A copy of the filed exhibits must be provided to the other side.

For exhibits to be used at Jury or non-jury trial or evidentiary hearings, please file the exhibits with a Notice of Filing in the Court File at least two (2) business days in advance of the scheduled Trial or Evidentiary hearing date, with a copy to the other side.

WARNING

Applies to

Pretrial motion

The moving attorney is responsible for promptly filing and serving pretrial motions and obtaining a hearing time.

IT SHALL BE THE RESPONSIBILITY OF THE MOVING ATTORNEY TO PROMPTLY FILE AND SERVE SUCH MOTIONS AND OBTAIN A HEARING TIME.

WARNING

If a written continuance is granted, the filing attorney must notice opposing counsel; if denied, the parties must appear at calendar call.

If a written continuance is GRANTED, it is the filing attorney's responsibility to notice the opposing counsel. If a written continuance is DENIED, the parties must appear at calendar call.

WARNING

The zoom hearing request and underlying motion must be sent in advance to opposing counsel.

The request for zoom hearing and underlying Motion shall be sent in advance to the opposing counsel.

WARNING

If a written continuance is granted, the filing attorney is responsible for noticing opposing counsel.

If a written continuance is granted, it is the filing attorney's responsibility to notice the opposing counsel.

WARNING

Applies to

Motion to withdraw

If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.

If the attorney has not obtained written consent from the client pursuant to Fla. R. Jud. Adm. 2.505, the client should be noticed on the Notice of Hearing and provided a copy of the motion to withdraw.

WARNING

Service

Electronic service

Proposed orders of referral uploaded to the CMS Workbench must include the GM/HO on the service list.

When uploading proposed Orders of Referral to the CMS Workbench, you must include the GM/HO as a recipient on the service list.

WARNING

Service

Electronic service

After an order granting withdrawal is entered, the withdrawing attorney must log on to the State Portal (myflcourtaccess.com) and permanently remove their name from the service list.

When an Order is granted on a Motion to Withdraw Attorney of Record, it is the attorney’s responsibility to log on to the State Portal and remove his name permanently from the service list https://myflcourtaccess.com/

WARNINGCivil cases

Applies to

Motion to withdraw

If the attorney has not obtained written consent from the client pursuant to Fla.R.Jud.Adm. 2.505, the client should be noticed of the hearing and provided a copy of the motion to withdraw.

If the attorney has not obtained written consent from the client pursuant to Fla.R.Jud.Adm. 2.505, the client should be noticed of the hearing and provided a copy of the motion to withdraw.

WARNING

Applies to

Exhibit list

A copy of the filed Exhibit List must be served on the opposing party.

An Exhibit List, containing a cover page with a brief description of each exhibit intended to be introduced at trial, with attached copies of all exhibits must be filed with the Clerk of Court by each party (with a copy served on the opposing party) no later than five (5) days prior to the evidentiary hearing/Trial date.

WARNING

Deadline

24 hours

Applies to

Case law

Case law must be provided at least 24 hours before a proceeding and copies must be given to opposing counsel/parties in the same format as provided to the Court.

counsel/parties are cautioned to provide case law no less than 24 hours prior to a scheduled proceeding and to ensure that copies of the case law are provided to opposing counsel/parties in the same format as provided to the Court.

WARNING

When a written continuance is granted the filing attorney must notify opposing counsel; if denied, the parties must appear at calendar call.

If a written continuance is granted, it is the filing attorney's responsibility to notice the opposing counsel. If a written continuance is denied, the parties must appear at calendar call.

WARNINGCriminal cases

Applies to

Order granting continuance

When a written continuance is granted, the filing attorney must notify opposing counsel.

If a written continuance is granted, it is the filing attorney’s responsibility to notice the opposing counsel.

WARNINGCriminal cases

Applies to

Hearing request motion

Service

Email to opposing party

Hearing request emails to the Judicial Assistant must include a courtesy copy to the opposing party and state the amount of hearing time needed.

In order to obtain a hearing date, an email shall be sent to the Judicial Assistant with courtesy copy to the opposing party. Please advise how long you will need for the hearing.

INFO

Service

Email to all parties

Pro se litigants with email access are encouraged to file an email designation form with the Clerk so the court can send orders by email instead of U.S. mail.

Pro Se litigants with email access are encouraged to fill out and file an email designation form with the Clerk. This will enable the Court to send orders to the parties via email instead of using the U.S. Postal Service, greatly reducing the time for communication between the parties and the Court.

INFO

Applies to

Electronic order

Service

Electronic service to all parties

Approved electronic orders are served through the E-portal to registered e-service email addresses and will not be mailed.

CMS will send the approved electronic order to the E-portal for service by the portal to all registered eservice parties’ email addresses and any additional email addresses added manually by the filer or judge. Electronic orders will not be mailed.