Judge Charles E. Burton
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings < 10 pages
Filings <= 10 pages
Filings > 10 pages
Motion
- Upon request
Adjournments
- A trial continuance will be granted only when an emergency exists.
- A trial continuance requires a hearing on the Uniform Motion Calendar.
- If opposing counsel or a pro se litigant cannot accept the moving party's dates, opposing counsel—not the moving party—must promptly obtain new dates from the Judicial Assistant.
Request must include
Communication
Other Contacts4 contacts
Chambers2 contacts
Clerk2 contacts
Page & Word Limits2 rules
The court can only print documents that are ten (10) pages or less.
- Page limit
- Up to 10 pages
Judge Burton will review all motions, memoranda of law ten (10) pages combined maximum - either in support or opposition to the motion), and case authority in advance of all special set hearings.
- Up to 10 pages
- Page limit
- Up to 10 pages in total
Document Format Requirements8 rules
Remember to leave a 3x3 inch blank space in the upper right hand corner for recording.
- Margins
- Top 3 inches; Right 3 inches
Each exhibit's first page must have "blank space" sufficient to hold he court's evidence stamp.
All recorded documents (including final judgments) must provide a 3x3 space in the upper right hand corner.
The Clerk of Court will no longer accept documents for recording without this space.
All cases and legal authorities submitted to the court must be tabbed, with pertinent sections highlighted.
Exhibits without blank space on the first page should be prepended with a blank page, which will be stamped.
Exhibits can be uploaded in either .pdf or .jpeg format.
You may use the drop off box on the first floor at the South County Courthouse as long as the documents fit in the drop off box.
Document Filing Requirements35 rules
If the issue is resolved less than twenty-four (24) hours prior to the hearing (excluding weekends), the moving party shall appear before the Court at the scheduled time of hearing with their proposed order.
In the notes/comments section you MUST indicate whether it is one of the following utilizing one of the formats and exact language below:
Notice of Unavailability must be filed when filing a notice to set trial.
Instead, the last line should read "DONE and ORDERED in Palm Beach County, Florida."
Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
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.
ALL VERIFIED DOCUMENT PAGES MUST CONTAIN A PORTION OF THE OF THE TEXT OF THE PETITION (4 lines) ON THE SIGNATURE PAGE.
- Document
- Verified document
- Placement
- Signature block
Prior to the appointment of a Guardian, all proposed guardians are required to submit to a level 2 criminal check and a credit report as required by Florida Statue 744.3131.
Administrative Order 5.204 (PDF) requires that some portion of text of the Order be included on signature page.
- Document
- Order
- Placement
- Signature block
You may obtain a trial date before completing mediation, but you must complete mediation prior to trial.
Every hearing notice must include a certificate of conferral documenting the discussion, the movant's detailed efforts if no response occurred, or that conferral rules do not apply.
- Document
- Hearing notice
- Placement
- Certificate section
Must include
- •Certificate of conference
Court's wording
As required under Rule 1.202 (PDF), all hearing notices must include a certificate of conferral certifying that counsel for the movant has discussed the relief requested with opposing counsel, or certify that the opposing party did not respond describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion, or that the rules do not apply to their motion.
All orders must state a mailing address and e-mail address for each party being served and that have registered e-mail addresses with the Clerk of Court.
Proposed order should include a cover letter specifying the date of the hearing.
Do not prepare/or send an order setting the hearing until the court has "confirm" the date for a special set hearing.
If multiple orders are being submitted for a case, they must be uploaded separately and not as an attachment to another order.
A Restricted Depository is required for all guardianship involving property.
Any party seeking to exclude expert testimony under a Daubert analysis pursuant to F.S. 90.702 shall file a motion with the court specifically identifying the basis for the Daubert challenge.
Advise the court of the special set request and how much time is required for the special set.
Once ALL the cited deficiencies have been cured and related documents have posted on the docket, please send your proposed order(s) through OLS with a notation that all deficiencies have been cured.
If you receive a Deficiency or Rejection Memorandum, Status Order, or other Order of Deficiency, you may avoid an ex-parte hearing by curing your deficiency immediately and filing all necessary documentation to show the deficiency has been cured.
hearings on motions to withdraw are required ONLY if your client did not sign a consent.
All waivers, consents, renunciations and receipt of assets must be notarized.
All submitted orders are required to have the appropriate checklist(s) prepared and filed.
SUBJECT LINE: Request special set hearing, case number and case style
Credit check can be done with the 3 major credit bureaus- must include FICO score:
all fee petitions should include the nature and value of the Ward's assets at the time of filing the fee request, the monthly income earned and the monthly expenses of the Ward.
Failure to comply with these procedures will result in cancellation of your hearing by the Court.
Probate Checklists are now Required for all Probate Filings
Prior to setting a matter on the motion calendar, the party or counsel noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve.
All documents emailed to the Court must state that they were emailed to the opposing side in the same email or they will be returned as ex parte communication.
The Court acts on petitions or motions properly filed with the Clerk of the Court.
UMC hearings are only required for contested or adversary matters.
Please make sure to fully complete the appropriate probate checklist.
Incomplete or inaccurate checklists will be returned with a deficiency or rejection memorandum in the ordinary course.
Documents without a checklist WILL be forwarded to the case manager for review in the ordinary course.
Filing & Service rules
Electronic Filing Rules
All exhibits must be uploaded to the Digital Evidence Portal.
ALL EXHIBITS MUST BE UPLOADED TO THE DIGITAL EVIDENCE PORTAL.
Civil cases
Page 1 | ORDER SPECIALLY SETTING HEARING
Division IZ final judgments and orders emailed in Word format will be electronically signed and filed directly with the Clerk.
Probate Division "IZ" Final Judgments and Orders received by e-mail in WORD format, will be signed and filed directly with the Clerk of Court.
Page 1 | Probate - Service and Preparation of Orders
All proposed orders must be submitted in Word format through OLS for electronic signature.
All orders must be submitted in "Word format" via OLS for the court to electronically sign.
Page 1 | Online Services
A Notice of Hearing must be filed electronically, with a courtesy copy sent to the Judicial Assistant.
The Notice of Hearing must be e-filed and a courtesy copy sent to the Judicial Assistant.
Page 1 | Probate - Service and Preparation of Orders
After receiving a special-set hearing date and time, the requesting party must submit the proposed Order Setting Hearing in Word format through OLS.
Upon receipt of a special set hearing date and time, send proposed Order Setting Hearing in Word Format (See Divisional Forms and Orders) for Judge Burton's via OLS.
Page 1 | Probate - Service and Preparation of Orders
Probate proposed orders must be submitted through OLS and not emailed or mailed to chambers unless the court directs otherwise.
All proposed orders for probate cases must be submitted directly through the OLS system and should not be sent to the Judge's CAD division email or via us mail, unless otherwise instructed by the Court.
Page 1 | Important: Submitting Proposed Orders
Guardian fingerprint and credit-check results must be electronically filed with a notice of confidential filing.
Results must be e-filed together with a notice of confidential filing within court file.
Page 1 | Fingerprint-Electronic Only and Credit Reports for All Guardians
Emergency-hearing motions must be filed through the Clerk's e-portal using the designated Emergency Filing box.
Motions for Emergency Hearing should be filed with the Clerk's e-portal and then click the Emergency Filing box that states, "Check This Box to Specify That This is an Emergency Filing."
Page 1 | Emergency Motions
The original notice or motion to set a cause for trial must be filed with the Clerk.
The original notice/motion to set cause for trial must be filed with the Clerk.
Page 1 | Notice/Motion to Set Cause for Trial
All exhibits must be uploaded to the Digital Evidence Portal.
All Exhibits Must Be Uploaded to the Digital Evidence Portal.
Page 1 | Notice/Motion to Set Cause for Trial
Proposed orders should be submitted through OLS.
Proposed Orders should be submitted by OLS.
Page 1 | Probate - Service and Preparation of Orders
Filing Timing and Cure Windows
All memoranda and case authorities must be submitted to the court and opposing counsel at least five business days before the hearing, with the transmittal document identifying the hearing date and time.
All memoranda and/or case authority must be submitted to the Court and opposing counsel at least five (5) business days before the hearing and the transmittal document must designate the date and time of the hearing for which they are submitted.
Civil cases
Page 1 | ORDER SPECIALLY SETTING HEARING
Parties must choose among the stated hearing-attendance or written-submission alternatives, and any Agreed Order disposing of the motion must be submitted at least 48 business hours before the hearing.
Accordingly, all counsel or self-represented parties must agree either: (1) to be present in person or appear via zoom if the special set hearing is two (2) hours or less; (2) be present in person if the hearing is two (2) hours or longer; [however, a witness may testify only in strict compliance with Fla. R. Jud. Admin. 2.530 and Fla. R. civ. P. 1.451]; (3) submit a written memorandum in lieu of personal appearance and oral argument; or (4) submit an Agreed Order disposing of the motion at least forty-eight (48) business hours prior to hearing.
Civil cases
Page 1 | ORDER SPECIALLY SETTING HEARING
A proposed final judgment may be submitted through OLS only within two days after the hearing or one day before it.
Proposed final judgments may be submitted via OLS only within two (2) days following the hearing or one (1) day prior to the hearing.
Page 1 | Probate - Service and Preparation of Orders
A proposed order must be submitted through OLS no later than 48 hours after the hearing or 48 hours before a future hearing.
All proposed orders shall be submitted to the court for review no later than 48 hours following the hearing via OLS or 48 hours prior to the scheduled hearing.
Page 1 | Important: Submitting Proposed Orders
Documents exceeding ten pages must be mailed for court review three business days before the hearing.
Any documents over the ten (10) page limit will have to be mailed to the court for review three (3) business days prior to the scheduled hearing.
Page 1 | Online Services
Guardian fingerprint and background records in the Clerk's database remain valid for two years.
Once in the data base the records remain valid on file for two (2) years.
Page 1 | Fingerprint-Electronic Only and Credit Reports for All Guardians
Documents totaling ten pages or fewer may be emailed for court review at least three business days before the hearing.
Parties may e-mail documents ten (10) pages or less for the Courts review three (3) business days prior to the scheduled hearing to CAD-DivisionIZ@pbcgov.org.
Page 1 | Online Services
Service and Proof of Service Rules
All memoranda and case authorities must be submitted to opposing counsel at least five business days before the hearing.
All memoranda and/or case authority must be submitted to the Court and opposing counsel at least five (5) business days before the hearing and the transmittal document must designate the date and time of the hearing for which they are submitted.
Civil cases
Page 1 | ORDER SPECIALLY SETTING HEARING
Trial orders must be served by email to every party registered for electronic service.
Trial Orders are served via email to all parties registered for e-service.
Page 1 | Notice/Motion to Set Cause for Trial
An order must not be emailed to an e-mail-excused attorney or an unconsenting pro se party; instead, the court must receive a hard copy and sufficient stamped return envelopes for service.
IF THE OPPOSING SIDE IS AN E-MAIL EXCUSED ATTORNEY OR A PRO SE party (unless pro se party has agreed to e-mail service) DO NOT SEND YOUR ORDER BY E-MAIL. A hard copy of the proposed order must be provided to the Court with sufficient self-addressed stamped envelopes provided to the Court for service.
Page 1 | Online Services
In mixed attorney-pro se cases, the trial notice must include a self-addressed stamped envelope for the pro se party, and the trial order will be emailed to counsel and mailed to the pro se party.
Submit the notice with a self-addressed stamped envelope stapled to the Notice for Trial for the pro se, and the trial order will be served via judicial e-service to the attorney and by U.S. Mail to the pro se party.
Page 1 | Notice/Motion to Set Cause for Trial
Matters must be noticed five days before hearings for in-state parties and ten days before hearings for out-of-state parties.
Matters brought before the court must be noticed five (5) days prior to the hearing for in-state residence and ten (10) days for out-of-state residence.
Page 1 | Probate - Service and Preparation of Orders
Filing Fees and Waivers
Guardian fingerprinting or criminal-check fees must be verified with the sheriff's department.
All fees must be verified with the sheriff department.
Page 1 | Fingerprint-Electronic Only and Credit Reports for All Guardians
Courtesy Copy Requirements
If you resolve your motion prior to the hearing date, please cancel your scheduled hearing via OLS and submit a courtesy copy of the e-filed Notice of Cancellation to CAD-DivisionIZ@pbcgov.org.
If you resolve your motion prior to the hearing date, please cancel your scheduled hearing via OLS and submit a courtesy copy of the e-filed Notice of Cancellation to CAD-DivisionIZ@pbcgov.org.
Page 1 | Probate Uniform Motion Calendar (UMC)
Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law to the Court via the following email address: CAD-DivisionIZ@pbcgov.org five (5) business days prior to the scheduled hearing and designate the date and time of the hearing which they reference.
Accordingly, all counsel/parties should provide courtesy copies of their special set motions, memoranda of law and supporting case law to the Court via the following email address: CAD-DivisionIZ@pbcgov.org five (5) business days prior to the scheduled hearing and designate the date and time of the hearing which they reference.
Page 1 | Probate - Service and Preparation of Orders
The request for a special-set hearing longer than 30 minutes must include a courtesy copy of the motion to be heard.
Please attached a courtesy copy of the motion to be heard.
Page 1 | Requesting a Special Set Hearing MORE THAN THIRTY (30) MINUTES.
Counsel and parties must email courtesy copies of memoranda and supporting case law totaling no more than ten pages to the court five business days before the hearing and identify the referenced hearing date and time.
Accordingly, all counsel/parties are to provide courtesy copies of their memoranda of law and supporting case law (only if all documents combined are ten (10) pages or less) to the Court via the following e-mail address CAD-DivisionIZ@pbcgov.org five (5) business days prior to the scheduled hearing and designate the date and time of the hearing which they reference.
Page 1 | Courtesy Copies of Documents Less than 10 pages
A properly filed petition or motion must be copied to the opposing side and accompanied by a courtesy copy to the court for the court to address the request.
File the appropriate petition or motion with the Clerk of the Court, send a copy to the opposing side and a courtesy copy to the Court in order for requests to be addressed by the Court.
Page 1 | Do not Send Letters, Emails or Notes to The Court
Courtesy documents exceeding ten total pages must be mailed as hard copies five business days before the special-set hearing.
If the documents exceed ten (10) pages total, parties shall send courtesy hard copies via U.S. mail to the Court five (5) business days prior to the scheduled hearing.
Page 1 | Probate - Service and Preparation of Orders
Courtesy documents exceeding ten total pages must be sent as hard copies by U.S. mail five business days before the hearing.
If the documents exceed ten (10) pages total, please send a courtesy hard copy only via US mail to the Court five (5) business days prior to the scheduled hearing.
Page 1 | Courtesy Copies of Documents Less than 10 pages
Courtesy copies of documents less than ten (10) pages (ex.: motions, memorandum of law and legal authority) are be submitted to the Court for review in advance of all scheduled hearings three (3) business days prior to the hearing.
Courtesy copies of documents less than ten (10) pages (ex.: motions, memorandum of law and legal authority) are be submitted to the Court for review in advance of all scheduled hearings three (3) business days prior to the hearing.
Page 1 | Courtesy Copies of Documents Less than 10 pages
A courtesy copy of an emergency motion may be emailed to Division IZ.
Courtesy copies of Emergency Motions may be emailed to CAD-DivisionIZ@pbcgov.org.
Page 1 | Emergency Motions
A courtesy copy of the notice or motion to set a cause for trial should be emailed to the judge.
A courtesy copy should be emailed to the Judge via CAD-DivisionIZ@pbcgov.org.
Page 1 | Notice/Motion to Set Cause for Trial
Pre-Motion Conference Requirements
Every Daubert motion must be scheduled and heard before trial begins.
All Daubert motions shall be scheduled and heard prior to the commencement of the trial.
Page 1 | Notice/Motion to Set Cause for Trial
Movants must make a good-faith conferral effort with opposing parties before filing a non-dispositive motion.
Before filing a non-dispositive motion, movants must confer with opposing parties in a good faith effort to resolve the motion.
Page 1 | Adversary Probate Proceedings
A motion must be filed and docketed with the Clerk before a hearing date may be provided or set.
Motions must be filed and docketed with clerk before hearing dates can be given or a hearing can be set.
Page 1 | Probate - Service and Preparation of Orders
The Court expects counsel to re-confer after all responses and replies have been filed, to ensure that only those issues which require Court resolution are set for hearing.
The Court expects counsel to re-confer after all responses and replies have been filed, to ensure that only those issues which require Court resolution are set for hearing.
Page 1 | Adversity Probate Proceedings
Adjournment & Extension Requirements
A trial continuance requires a hearing on the Uniform Motion Calendar.
Continuances of trial require a hearing on Uniform Motion Calendar.
Page 1 | Notice/Motion to Set Cause for Trial
A trial continuance will be granted only when an emergency exists.
Continuances will only be granted in cases of emergency.
Page 1 | Notice/Motion to Set Cause for Trial
If opposing counsel or a pro se litigant cannot accept the moving party's dates, opposing counsel—not the moving party—must promptly obtain new dates from the Judicial Assistant.
IF the opposing counsel or Pro-Se litigant is NOT available on the dates provided by the moving party, then the Opposing Counsel not the moving party shall be responsible for obtaining new dates from the Judicial Assistant ASAP.
Page 1 | Probate - Service and Preparation of Orders
Chambers Communication Rules
NOTE: ALL PARTIES ARE TO APPEAR VIA ZOOM, UNLESS ALL PARTIES AGREE TO COME IN PERSON.
NOTE: ALL PARTIES ARE TO APPEAR VIA ZOOM, UNLESS ALL PARTIES AGREE TO COME IN PERSON.
Civil cases
Page 1 | ORDER SPECIALLY SETTING HEARING
Before contacting Judicial Assistant Mary Beardsley at the stated number, the requesting party must confirm the proposed hearing availability with opposing counsel or the pro se litigant.
Person requesting hearing must confirm availability with opposing counsel or pro se litigant before contacting the Judicial Assistant, Mary Beardsley, to schedule a special set hearing at 561-330-1723.
Page 1 | Probate - Service and Preparation of Orders
All involved parties must be copied on the email requesting a special-set hearing.
INCLUDE ALL INVOLVED PARTIES ON THE E-MAIL when requesting a special set hearing.
Page 1 | Requesting a Special Set Hearing MORE THAN THIRTY (30) MINUTES.
Requests for special-set hearings longer than 30 minutes must be submitted through the Judicial Assistant.
Special Set Hearings more than thirty (30) minutes will continue to be requested through the Judicial Assistant.
Page 1 | Requesting a Special Set Hearing MORE THAN THIRTY (30) MINUTES.
Technical support requests must be submitted by email to cad-web@pbcgov.org.
For technical issues please write cad-web@pbcgov.org. Due to the volume of requests and our limited staffing, all requests must be submitted via email.
Page 1 | Digital Evidence Portal FAQs
A party disputing a status order or rejection memorandum must file a memo or email Division IZ instead of setting a UMC hearing.
If you receive a status order or rejection memo and you have a disagreement, do not set the matter for a UMC hearing. Instead, you should file a memo or send an email to the division IZ email for the judge to review.
Page 1 | Probate Uniform Motion Calendar (UMC)
The court does not act on letters, notes, or emails sent directly by either party.
The Court does not act on letters, notes or emails sent by either party.
Page 1 | Do not Send Letters, Emails or Notes to The Court
Self-represented pro se parties may contact the Probate/Guardianship Court case manager for questions and guidance regarding their case.
If you are a self-represented pro se party (with no attorney), you may contact the Probate/Guardianship Court case Manager for questions and guidance regarding your case.
Page 1 | Self-represented Parties (Pro Se)
The Probate Case Manager contact number is 561-274-1424.
Diane Kahn, Probate Case Manager at 561-274-1424
Page 1 | Self-represented Parties (Pro Se)
The Guardian Case Manager contact number is 561-624-6523.
Tiffany Metz, Guardian Case Manager at 561-624-6523
Page 1 | Self-represented Parties (Pro Se)