Judge Laura C. Burkhart
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Notice of Motion
Petition, Motion
Pro Se filings
E Filed Document
Court-wide
Adjournments
Court-wideRequest must include
Communication
Phone
Clerk
Chambers
Phone
Court-wideClerk
Phone
Court-wideDuty Judge
Phone
Court-wideChambers
Document Format Requirements3 rules
Each exhibit must be marked before the hearing with a numbered sticker identifying the case number, offering party, date, and admitted status.
- Exhibits
Formatting
- •The marking must identify the case number
- •The marking must identify the party offering the exhibit
- •The marking must include the date
- •The marking must state whether the exhibit is admitted or not admitted
Court's wording
All exhibits must be clearly marked before the hearing is set to begin. Exhibits shall be marked by a numbered sticker on the top right-hand corner of the front of each exhibit clearly identifying the case number; party who is offering the exhibit, e.g., Petitioner or Respondent; date and admitted/not admitted.
All recorded documents (including final judgments) must provide a 3x3 inch space in the top-right-hand corner.
All cases and legal authorities submitted to the court must be tabbed, with pertinent sections highlighted.
Document Filing Requirements19 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.
- Document
- Motion
Must include
- •Proposed order
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.
Administrative Order 5.204 (PDF) requires that some portion of text of the Order be included on signature page.
Attorneys/Pro Se Litigants are to file a QDRO Motion of Entry with the Plan Administrator pre-approval letter.
The parties must ensure that a mediation report is placed into the Court file indicating an impasse.
Please see Administrative Order 5.111 (PDF), which requires the filing of a checklist prior to requesting a hearing.
If you have the written consent of your client AND if the case is not set for trial or a special set hearing, you can upload a copy of the consent, motion and proposed Order to OLS.
- Document
- Motion
Include
- •Proposed order
When requesting a Final Hearing on a post judgment Petition or Motion, PLEASE include the name of the pleading in your trial notice AND include a copy of the pleading and Order Sustaining Objection to General Magistrate with your trial notice.
Notices must include the date and outcome of the Mediation, the specific motion or petition/counter petition to be tried, including docket entry number and the estimate of time necessary for trial.
Agreed Orders should indicate they are Agreed to by the parties in the comment section.
An uncontested-dissolution party must upload six specified materials through OLS at least 24 hours before the hearing.
Court's wording
For an uncontested dissolution, please provide the Court with a copy of the testifying party's driver license, settlement agreement, parenting plan, child support guideline worksheet, Testimony at Final Hearing Form and Final Disposition Form via OLS 24 hours before the scheduled hearing.
In the event the Plan Administrator do not require a pre-approval, a letter will need to state this fact and filed with the motion.
If the wording or language is not agreed to, there must be an indication in the comment section that it is a competing order and not agreed to.
Before submitting a form please insure it is the latest version.
The transmittal document must identify the date and time of the hearing for which the materials are submitted.
Court's wording
All memoranda and/or case authority must be submitted to the Court and opposing counsel at least three (3) business days before the hearing and the transmittal document must designate the date and time of the hearing for which they are submitted.
An Exhibit list shall be provided to the Court at the start of the hearing.
A Proposed order should include a cover letter specifying the date of the hearing and should be noted in the system filing.
It is the responsibility of the party or counsel to prepare and submit an order of referral if necessary.
If you have a signed settlement agreement and parenting plan, you can simply upload your documents, including a proposed Final Judgment, via Online Services, a hearing is not required.
Filing & Service rules
Electronic Filing Rules
A motion for temporary relief must be filed and docketed.
A Motion for Temporary Relief must be filed and docketed.
Page 1 | Temporary Relief Hearings
Attorneys must upload proposed QDRO orders through OLS after filing the motion and plan pre-approval letter.
FOR ATTORNEYS ALL PROPOSED ORDERS WILL NEED TO BE UPLOADED VIA THE OLS (Online Scheduling System) after the Motion and Letter of Plan Pre-approval have been filed to the case.
Page 1 | QDRO (Qualified Domestic Relations Order)
All proposed orders and judgments must be uploaded through OLS.
All proposed orders/judgments must be submitted and uploaded through the OLS system, directions on how to submit a proposed order is provided below.
Page 1 | Service and Submission of Proposed Orders and Judgments
The original notice or motion to set a cause for trial must be filed with the clerk's office.
Original notice/motion to set cause for trial shall be filed with Clerk's office.
Page 1 | Notice/Motion to Set Cause for Trial
The court acts only on petitions or motions properly filed with the clerk.
The Court acts on petitions or motions properly filed with the Clerk of the Court.
Page 1 | Do Not Send Letters, Emails or Notes to the Court
A pro se litigant unable to use OLS must mail the QDRO documents to the court after filing the motion and pre-approval letter.
PRO SE LITIGANTS WIL NEED TO MAIL THE DOCUMENTS INTO THE COURT after the Motion and Letter of Plan Pre-approval have been filed to the case, if they are unable to upload via the OLS system.
Page 1 | QDRO (Qualified Domestic Relations Order)
Filing Timing and Cure Windows
Memoranda and case authority must be submitted to the court and opposing counsel at least three business days before the hearing.
All memoranda and/or case authority must be submitted to the Court and opposing counsel at least three (3) 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
Evidence must not be submitted in advance of a live hearing.
Evidence should not be submitted to the Court in advance of any live hearing.
Page 1 | Evidentiary Hearings
Case law, motions, memoranda of law, and similar materials must be submitted in hard copy at least three days before a live hearing.
Any case law, motions or memorandums of law, etc. must be submitted to the Court in hard copy no less than three days before the scheduled hearing.
Page 1 | Evidentiary Hearings
Both parties must attend Parent Education and Family Stabilization Court before a final hearing involving children is scheduled.
PURSUANT TO FL STAT 61.21 and Administrative Order 5.212 (PDF) both parties must have attended a Parent Education and Family Stabilization Courts prior to the setting of a Final Hearing with children (contested or uncontested).
Page 1 | Notice/Motion to Set Cause for Trial
Proposed orders may be submitted only during the period beginning 24 hours before the hearing.
Please only submit your proposed orders 24 hours prior to your hearing and no sooner.
Page 1 | Uniform Motion Calendar and Uncontested Final Hearings
Every notice of unavailability must be filed before the case-management conference.
All notices of unavailability must be filed prior to the CMC.
Page 1 | Notice/Motion to Set Cause for Trial
A proposed order should be submitted through OLS within two days after the hearing and not before an evidentiary hearing.
Proposed Orders should be submitted within two days after the hearing via the OLS system. Please do not submit proposed orders prior to an evidentiary hearing.
Page 1 | Service and Submission of Proposed Orders and Judgments
The required uncontested-dissolution materials must be submitted through OLS 24 hours before the hearing.
For an uncontested dissolution, please provide the Court with a copy of the testifying party's driver license, settlement agreement, parenting plan, child support guideline worksheet, Testimony at Final Hearing Form and Final Disposition Form via OLS 24 hours before the scheduled hearing.
Page 1 | Uniform Motion Calendar and Uncontested Final Hearings
Service and Proof of Service Rules
Memoranda and case authority must be provided to opposing counsel at least three business days before the hearing.
All memoranda and/or case authority must be submitted to the Court and opposing counsel at least three (3) 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
Each party must disclose intended witnesses and evidence to the other party at least 48 hours before an evidentiary hearing.
Petitioner and Respondent must disclose to the other party any witnesses they intend to call and evidence they intend to admit 48 hours prior to any evidentiary hearing.
Civil cases
Page 1 | ORDER SPECIALLY SETTING
The opposing side must receive a copy of the filed petition or motion.
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
To receive and serve court documents by email, a pro se party must complete and file a Notice of Designation of Email Address for E-Service.
To receive and serve court documents by email, please review Administrative Order 2.310 (PDF) and complete and file a Notice of Designation of Email Address for E-Service.
Page 1 | Self-Represented Parties (Pro Se)
Courtesy Copy Requirements
A request must be formally filed, copied to the opposing side, and accompanied by a courtesy copy to the court.
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
The judge must receive one courtesy copy of the notice for trial.
JUDGE MUST RECEIVE A COURTESY COPY OF THE NOTICE FOR TRIAL.
Page 1 | Notice/Motion to Set Cause for Trial
Please remember a copy for conforming and self-addressed stamped envelope for any pro se litigant.
Please remember a copy for conforming and self-addressed stamped envelope for any pro se litigant.
Page 1 | Motions to Withdraw
Filing Bundling Requirements
A motion to withdraw that does not satisfy the OLS conditions must be set for hearing on the Uniform Motion Calendar.
Otherwise, you will need to set the matter for hearing on the Court's Uniform Motion Calendar docket
Page 1 | Motions to Withdraw
Pre-Motion Conference Requirements
Mediation on the temporary relief sought must occur after the motion is filed and before a temporary-relief hearing will be 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.
Page 1 | Temporary Relief Hearings
Mediation must occur before the court will consider a notice of trial.
A MEDIATION must occur before the notice of trial will be considered.
Page 1 | Notice/Motion to Set Cause for Trial
Before calendaring a motion, the noticing party or counsel must attempt to resolve it and certify that the attempt was made in good faith.
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.
Page 1 | Local Rule 4
Chambers Communication Rules
A pro se litigant should call the division case manager at the listed number to schedule the matter.
Pro se litigants should contact the division case manager (561-330-1733) to schedule the matter.
Page 1 | Post Judgment Matters: Modifications, Motions for Contempt and/or Enforcement of Final Judgment
After an order sustaining an objection is entered, the attorney must contact the Judicial Assistant by email to schedule the matter.
If an order sustaining objection is entered the attorney should contact the Judicial Assistant via e-mail to schedule the matter (Administrative Order 5.104).
Page 1 | Post Judgment Matters: Modifications, Motions for Contempt and/or Enforcement of Final Judgment
The court will not act on informal letters, notes, or emails sent by a 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
A self-represented pro se party must contact Family Court Case Manager Erika Ireland at the listed number for case questions and guidance.
If you are a self-represented pro se party (with no attorney), you must contact the Family Court Case Manager, Erika Ireland, at 561-330-1733, for questions and guidance regarding your case.
Page 1 | Self-Represented Parties (Pro Se)