Judge Dane Leitner
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Motion, Memorandum
- Mail • Within One Business Day
Notice of Motion, Notice of Unavailability
E Filed Document
Court-wide
Adjournments
- Trial or case-management continuances require a proper motion stating the reasons or a request made at the Uniform Motion Calendar hearing.
- A special-set hearing may be cancelled only by further court order supported by a proposed OLS order stating good cause.
Request must include
Communication
Chambers
Phone
Chambers
Clerk
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideDuty Judge
Document Format Requirements3 rules
All Final Judgments must have a 3X3 inch space on the top-right-hand corner for recording purposes. The Clerk will not docket or record the Final Judgment without this space.
Formatting
- •Reserve a 3-by-3-inch space in the top-right-hand corner for recording purposes
This form should be typed or printed in black ink.
- Address designation form
Formatting
- •Typed or printed in black ink
Proposed Final Judgments and/or Orders should be submitted via the OLS (Online Scheduling), in Word format and PDF format for Attachments, within five (5) days following the hearing, if not before the hearing.
- File type
- Word
- Proposed order
Formatting
- •Attachments must be submitted in PDF format
Document Filing Requirements34 rules
After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.
If there is any change in your mailing or e-mail address(es), you must complete a new form, file it with the clerk, and serve a copy on any other party or parties in your case.
If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you.
E-mail service and receipt require designation through Form 12.915, and the filer's e-mail address must appear on every form bearing the filer's signature.
Court's wording
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears.
A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
For purposes of this affidavit, you must list ALL RELATIVES of the Decedent, including yourself, if applicable.
The former-spouse section must provide each former spouse's name, age, and address, and state the date of death or divorce when applicable.
Court's wording
2. b. Decedent's former spouse(s) (due to death or divorce). (Please provide name, age, and address. If the former spouse is deceased, please indicate name and date of death. If Decedent and former spouse were divorced please indicate name of former spouse and date of divorce.)
2.a. Spouse of the Decedent. (Please provide name, age, and address. If the spouse is deceased, please indicate name and date of death.)
1. The undersigned, ____, has ☐ does not have ☐ an interest in this estate. I am ☐ am not ☐ related to the Decedent as follows ____. I have known the Decedent for ____ years.
Please include even the names of relatives who were deceased at the time of the Decedent's death, indicating that they are deceased and specifying the date of death.
5. Siblings of the Decedent, or descendants of deceased siblings. (Please indicate if the relationship is that of a half-relative, i.e., half-brother or half-sister. Please provide name, age, and address of the Decedent's siblings. If any of the siblings are deceased, please indicate name and date of death. In addition, please list the children of the predeceased siblings, if any.)
4. Parents of the Decedent. (Please provide name, age, and address. If the parents are deceased, please indicate name and date of death.)
The children section must identify children and descendants of deceased children, deceased children's dates of death, applicable grandchildren, other biological parents, and surviving spouse's non-decedent children.
Court's wording
3. Children of the Decedent, or descendants of deceased children. (Please provide name, age, and address. If any of the children are deceased, please indicate name and date of death. In addition, please indicate if Decedent has any grandchildren from the predeceased children and specify their name, age, and address. If any of the children are not biologically related to both the Decedent and Decedent's spouse at the time of Decedent's death, please provide the name of that particular child's other biological parent. If the surviving spouse has children who are not the children of the Decedent please indicate their names.)
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT I HAVE READ THE FOREGOING AFFIDAVIT OF HEIRS AND THE FACTS STATED HEREIN ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Parties must submit an agreed Final Order of Paternity that includes the parties signatures and initials assenting to the agreement and must attach a Parenting Plan and Child Support Guidelines Worksheet if applicable(there is no DOR case).
ALL In-person hearings: Physical exhibits must be pre-marked with Date, case number, exhibit number, check box or line "Admitted into Evidence Yes or No" and whether item comes from Respondent or Petitioner.
The court will not adopt Marital Settlement Agreements without sworn testimony of the Petitioner or Respondent if a Counter Petition has been filed in the case. Both parties are expected to be in attendance.
In cases where one side is represented by an attorney and the other side is pro se, the notice shall contain the e-mail address for the attorney and the physical street address for the pro se party.
Post judgment matters, other than those dealing with child support, require an Order of Referral to Magistrate. The Order of Referral must include the DOCKET ENTRY of the Motion date of filing, the specific Magistrate assigned, and the hearing room number of the Magistrate listed immediately above the style of the case.
Dissolution Agreements will need to be set for a final hearing on the UMC Calendar or Case Management Docket.
The Judicial Assistant will special set hearings after the parties have attended a 5 minute status conference set by the parties on the UMC calendar. The parties must upload a proposed order setting the hearing.
All notices of hearing(s), motions, referrals, and objections to the Magistrate must clearly state the docket entry on the NOH.
All post judgment and child support matters are to be referred or assigned to the General Magistrate.
Notice of Unavailability are required to be filed on all cases.
Initial and rebuttal expert listings must include names, addresses, subject matter, expected facts and opinions, opinion grounds, written reports, and curricula vitae.
Court's wording
In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties shall provide:the subject matter about which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary of the grounds for each opinion; a copy of any written reports issued by the expert regarding this case; and a copy of the expert's curriculum vitae.
Except for Temporary custody, ALL the motions in special set hearings, must go to MEDIATION before the special set hearing occurs. This is Mandatory.
Physical exhibits must be Pre-Marked
Notices must include specific motion or petition/counter petition to be tried and the estimate of time necessary for trial.
When applicable, please indicate if the relationship is that of a half-relative (i.e. half-brother or half-sister).
If the Decedent's relatives in a particular category are unknown please specify "Unknown."
If the Decedent never had a relative within a particular category (i.e. the decedent was the only child, and therefore had no siblings), please indicate "None" in that category.
Order of Referral to General Magistrates are to be sent directly to the Magistrates for review.
Proposed order should always specify the date of the hearing.
Administrative Order 5.204 (PDF) requires that some portion of text of the Order be included on signature page.
- Document
- Order
- Placement
- Signature block
Filing & Service rules
Electronic Filing Rules
A self-represented litigant who elects electronic filing must comply with Florida Rule of General Practice and Judicial Administration 2.525 and the procedures of the filing judicial circuit.
If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
Page 1 | IMPORTANT INFORMATION REGARDING E-FILING
Petitions, pleadings, and documents generally must be filed electronically except in specified circumstances.
The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances.
Page 1 | IMPORTANT INFORMATION REGARDING E-FILING
Proposed notices of hearing must be filed in the case docket rather than emailed or uploaded for the judge's signature.
Please do not email or upload proposed notices of hearings to be signed by the Judge as you are required to file the same in the case docket.
Page 1 | Self-represented Litigants
Emergency-hearing motions should be filed through the Clerk's e-portal using the 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
Documents may not be submitted through E-Courtesy.
Please do not submit any documents via "E-Courtesy."
Page 1 | Self-represented Litigants
Self-represented litigants must file an email-designation form so the Court may send orders by email instead of the U.S. Postal Service.
It is important for litigants not represented by counsel to fill out and file with the Clerk an email designation form (PDF). This will allow the Court to submit orders to the parties via email instead of sending by the U.S. Postal Service, which will greatly reduce the time for communication from the Court.
Page 1 | Self-represented Litigants
Electronic filing is optional for self-represented litigants.
Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so.
Page 1 | IMPORTANT INFORMATION REGARDING E-FILING
Filing Timing and Cure Windows
At least five days before an evidentiary hearing, the parties must exchange all intended proposed exhibits, each numerically pre-marked for identification.
No less than five days prior to each hearing, the parties must exchange all proposed exhibits which they intend to reference during the hearing. Each proposed exhibit must be pre-marked for identification to identify the exhibits numerically.
Page 1 | Evidentiary Hearings
A party unilaterally setting a hearing must give five days' notice, unless the parties agree to shorter notice.
If necessary that the hearing be unilaterally set, setting Party must give five days notice to opposing counsel or pro se litigant (shorter notice only by agreement of the parties).
Page 1 | Uniform Motion Calendar (UMC)
The parties must exchange rebuttal-witness names and addresses within thirty days before the first trial date.
Within thirty (30) days prior to the first day of trial, the parties shall exchange lists of names and addresses of all rebuttal witnesses.
Page 1 | Uniform Pre-Trial Procedure
Proposed orders must be uploaded one day before the UMC hearing.
PLEASE UPLOAD THE PROPOSED ORDER(S) THE DAY BEFORE THE UMC HEARING.
Page 1 | Uniform Motion Calendar (UMC)
Forty-five calendar days before trial, all parties must exchange lists of trial exhibits, trial witnesses, and expert witnesses with names and addresses.
All parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses within forty-five (45) calendar days prior to the first date of trial.
Page 1 | Uniform Pre-Trial Procedure
All proposed orders and final judgments must be submitted through OLS no later than one day before the hearing.
Please send all proposed orders and final judgments via OLS no later than a day before the hearing.
Page 1 | Proposed Orders
Service and Proof of Service Rules
When a mailing or e-mail address changes, a copy of the new address-designation form must be served on every other party.
If there is any change in your mailing or e-mail address(es), you must complete a new form, file it with the clerk, and serve a copy on any other party or parties in your case.
Page 1 | When should this form be used?
After initial service of process, documents required or permitted to be served on the other party generally must be served by e-mail except in specified circumstances.
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of General Practice and Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances.
Page 1 | IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
A copy of the address-designation form must be served on every other party in compliance with Florida Rule of General Practice and Judicial Administration 2.516.
A copy of this form must be served on any other party in your case. Service must be in accordance with Florida Rule of General Practice and Judicial Administration 2.516.
Page 1 | What should I do next?
An unrepresented party must designate a primary e-mail address for service unless excused, may designate up to two secondary addresses, and e-mail becomes the exclusive service method when the other party is represented or has designated e-mail addresses.
A party not represented by an attorney is required to designate a primary e-mail address for service unless excused pursuant to Florida Rule of General Practice and Judicial Administration 2.516(b)(1)(D). A primary and up to two secondary e-mail addresses can be designated. If you do so and the other party is represented by an attorney or has also designated e-mail address(es) for service, e-mail will be the exclusive means of service.
Page 1 | When should this form be used?
An e-service user must comply with the governing format requirements and review Florida Rule of General Practice and Judicial Administration 2.516.
You must strictly comply with the format requirements set forth in the Rules of General Practice and Judicial Administration and you must review Florida Rule of General Practice and Judicial Administration 2.516.
Page 2 | IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
Self-represented litigants must serve documents by e-mail unless the clerk excuses them.
SELF-REPRESENTED LITIGANTS MUST SERVE DOCUMENTS BY E-MAIL UNLESS EXCUSED BY THE CLERK.
Page 2 | IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
A self-represented litigant who was excused from e-mail but later elects e-mail service and receipt must follow the e-mail procedures after making that election.
If a self-represented litigant has been excused from serving documents by e-mail and then elects to serve and receive documents by e-mail, the procedures must always be followed once that election is made.
Page 2 | IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
The party must keep the clerk and opposing parties informed of current mailing and email addresses because future papers will be served at the addresses on record.
I understand that I must keep the clerk’s office and the opposing party or parties notified of my current mailing and e-mail address(es) and that all future papers in this lawsuit will be served at the address(es) on record at the clerk’s office.
Page 4 | Designation of Current Mailing and E-Mail Address
The form must certify the date and method by which a copy was served on the listed opposing party or attorney.
I certify that a copy of this document was [check all used] ( ) e-mailed ( ) mailed ( ) faxed ( ) hand-delivered to the person(s) listed below on {date}__________________________.
Page 4 | Designation of Current Mailing and E-Mail Address
A motion hearing may be scheduled only after proper notice is provided to all parties.
To schedule a hearing on a Motion, proper notice to all parties is required.
Page 1 | Self-represented Litigants
Final judgments and orders are delivered by e-filing to registered parties, or by mail when a pro se litigant or attorney lacks e-service.
FINAL JUDGMENTS and Orders will be e-filed to all parties or mailed if there are pro se litigants or attorneys without e-service.
Page 1 | Service and Preparation of Judgments And Orders
In mixed cases, a self-addressed stamped envelope must be stapled to the Notice for Trial; the resulting trial order is e-served 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
The designated email addresses may be used for serving and receiving court documents.
The following is/are my e-mail address(es) for purposes of serving and receiving documents:
Page 3 | Designation of Current Mailing and E-Mail Address
Courtesy Copy Requirements
Printed courtesy copies of specified UMC filings must be sent by U.S. Mail or carrier within one business day.
Courtesy copies of motions for UMC, special set hearings, memorandums, and case authority shall be printed and sent via US Mail or Carrier one (1) business day.
Page 1 | Proposed Orders
The judge must receive a courtesy copy of the notice for trial and copies of both sides' current Notices of Unavailability.
Judge must receive a courtesy copy of the notice for trial and copies of all current Notice of Unavailability for both sides.
Page 1 | Notice/Motion to Set Cause For Trial
The original notice must be filed with the Clerk. A courtesy copy should be emailed to CAD-DivisionFA@pbcgov.org.
The original notice must be filed with the Clerk. A courtesy copy should be emailed to CAD-DivisionFA@pbcgov.org.
Page 1 | Notice/Motion to Set Cause For Trial
Pre-Motion Conference Requirements
Mediation on the temporary relief sought must occur after the motion is filed and before a temporary-relief hearing is scheduled.
Mediation ON THE TEMPORARY RELIEF SOUGHT (following the filing of the motion for temporary relief) must be held before a temporary relief hearing will be scheduled Administrative Order 5.207.
Page 1 | Temporary Relief Hearings
Adjournment & Extension Requirements
Trial or case-management continuances require a proper motion stating the reasons or a request made at the Uniform Motion Calendar hearing.
NO continuance shall be granted for Trial or Case Management unless permission is received by the Court through proper motion stating the reasons or by request at Uniform Motion Calendar hearing.
Page 1 | Important Instructions for Notice of Hearings(NOH) and all Pleadings
A special-set hearing may be cancelled only by further court order supported by a proposed OLS order stating good cause.
Special set hearings cannot be cancelled except by further order of the Court. Orders must be uploaded through OLS specifically stating good cause for the cancellation in the proposed form of order.
Page 1 | Special Set Hearings
Chambers Communication Rules
For an emergency, chambers may be emailed at the stated address if all parties are copied and the proposed order and emergency motion are uploaded through OLS.
In an emergency, you can contact chambers by email to the Judicial Assistant at CAD-DivisionFA@pbcgov.org, copy all parties and upload a proposed form order with a copy of your emergency motion as an exhibit by OLS.
Page 1 | Self-represented Litigants
Family case managers and chambers may not be called to schedule, reschedule, or cancel court events; such requests must be made by properly noticed motion.
DO NOT call Family Case Managers or the Judge's Chambers to schedule, reschedule or cancel a hearing or other Court events. Any request of the Court must be in form of filing a proper motion with proper notice to all parties.
Page 1 | Self-represented Litigants
The Judicial Assistant may not be called to bypass the emergency-motion filing process.
Please do not call the Judicial Assistant to bypass this process.
Page 1 | Emergency Motions
Email to the Judicial Assistant is limited to scheduling, must copy all parties, cannot be ex parte, and may not carry proposed orders, exhibits, or filings.
Email communications with the Judicial Assistant are limited to scheduling matters. You must copy all parties on communications with the Court; no ex-parte communications will be considered. Please do not provide proposed orders, exhibits, or filings to the Court email.
Page 1 | Self-represented Litigants
The following email address should be used for e-mail service to the Court regarding scheduling inquiries: CAD-DivisionFA@pbcgov.org and copy to all parties ONLY.
The following email address should be used for e-mail service to the Court regarding scheduling inquiries: CAD-DivisionFA@pbcgov.org and copy to all parties ONLY.
Page 1 | Self-represented Litigants