Judge Melanie Dale Surber
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Continuance Motions
- Email • Upon Filing
Courtesy copies
- Email • Before Hearing
Motion
- Email • Upon Filing
E Filed Document
Court-wide
Adjournments
- Delinquency judicial-review hearings cannot be cancelled or continued by agreement; a motion must be filed and a hearing set.
- A trial cannot be continued by agreement without a motion and proposed order, and a contested continuance must be set for hearing.
- Unless good cause is shown, the requesting party must personally sign a continuance motion.
- +3 more
Request must include
- A continuance motion must be submitted at least three days before the affected court date unless exigent circumstances apply.
Communication
Chambers
Clerk
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideDuty Judge
Phone
Court-wideChambers
Document Format Requirements1 rule
Courtesy copies must be submitted in PDF/a format no less that three (3) days prior to a hearing or trial to Cad-DivisionJS@pbcgov.org
- File type
- PDF/A
Document Filing Requirements8 rules
An emergency-hearing motion must identify the issues, explain the need for emergency relief, and state each party's required presentation time.
Court's wording
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party's presentation.
ALL PARTIES SHALL follow Local Rule 4, prior to setting a matter for hearing, the party or attorney noticing the motion/matter shall attempt to resolve the matter and shall certify the good faith attempt to resolve it
Before setting a delinquency matter, the noticing party must attempt to resolve it in good faith and certify that effort.
Court's wording
ALL PARTIES SHALL follow Local Rule 4, prior to setting a matter for hearing, the party or attorney noticing the motion/matter shall attempt to resolve the matter and shall certify the good faith attempt to resolve it.
For ALL Hearings and Trials, all evidence must be marked and prepared prior to the hearing. All parties must ensure that they have the appropriate copies for all parties.
It is the Moving party's responsibility to submit a proposed order (via OLS) that includes the Court Zoom Information.
- Document
- Remote appearance motion
Include
- •Proposed order
All Orders must include a complete service list in the "copies furnished section" with complete email address.
Also, please remember that when a party has multiple cases, each case requires an order to be submitted for that individual.
Please be sure that every order has the email address(es) of each party so that the orders can be served
Filing & Service rules
Electronic Filing Rules
Proposed orders must be submitted through OLS, and emailed proposed orders will be rejected.
All proposed Orders should be submitted through the Online Court Services (OLS) portal. Any Proposed Orders submitted via email will be rejected.
Page 1 | D. Submission of Orders — Format
Orders submitted by email will be returned and must be submitted through the proper filing method.
Orders submitted by email will be returned to the sender for proper submission
Court notice
Page 1 | JS Divisional News
Filing Timing and Cure Windows
A delinquency notice of hearing ordinarily must be filed 72 hours before the hearing, any later notice must be filed as an emergency, and the motion must be filed before setting the hearing.
ALL NOTICES OF HEARING SHALL BE FILED 72 HOURS PRIOR TO THE HEARING IF THE NOTICE IS FILED LESS THEN 72 HOURS PRIOR TO THE HEARING IT MUST BE FILED AS AN EMERGENCY. ALL motions must be filed prior to setting the hearing.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings
Notice of a requested goal change or conversion of a judicial review to a permanency hearing must be filed at least five days before the hearing.
If any party is seeking a goal change or to change a judicial review to a permanency hearing proper notice must be filed at least 5 days prior to the hearing.
Page 1 | B. Scheduling Procedures — Dependency
An agreed order resetting a delinquency status-check hearing must be filed at least 24 hours before the hearing.
Status Check Hearings may be reset by agreed order and SHALL be filed no less than 24 hours prior to the hearings.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings
A stipulation admitting evidence must be filed at least 24 hours before the hearing or trial.
If the parties have stipulated to the admission of evidence then the stipulation must be filed no less than 24 hours before the hearing or trial.
Page 1 | G. Exhibits for Evidentiary Proceedings — Format
The prevailing party must submit a proposed order within three days after the Court rules.
The prevailing party SHALL submit proposed orders no later than 3 days after the Court has ruled.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings
A remote-appearance motion must be filed at least three days before the hearing, with a courtesy copy emailed to the Court and all parties copied.
The party requesting a remote appearance must file a written Motion no less than 3 days prior to the hearing and send a courtesy copy to the CAD email, copying all parties.
Page 1 | C. Remote Appearance
Parties must file hearing notices 72 hours before the hearing or as emergencies if filed later, file all motions before setting a hearing, and the prevailing party must submit proposed orders no later than 3 days after the Court rules.
ALL NOTICES OF HEARING SHALL BE FILED 72 HOURS PRIOR TO THE HEARING IF THE NOTICE IS FILED LESS THEN 72 HOURS PRIOR TO THE HEARING IT MUST BE FILED AS AN EMERGENCY. ALL motions must be filed prior to setting the hearing. The prevailing party SHALL submit proposed orders no later than 3 days after the Court has ruled
Page 1 | B. Scheduling Procedures — Dependency
Service and Proof of Service Rules
Attorneys and self-represented litigants generally must make and receive service by email through the Florida Courts E-Filing Portal unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 1 | A. Communications with the Judicial Office — E-Filing Portal Contact Information
Case-related emails from non-attorney litigants are placed in the court file and forwarded to attorneys of record.
Any case-related emails from non-attorney litigants will be filed in the Court file and sent to all attorneys of record.
Page 1 | A. Communications with the Judicial Office
Courtesy Copy Requirements
The requesting party must send one courtesy copy of the remote-appearance motion to the CAD email address and copy all parties.
The party requesting a remote appearance must file a written Motion no less than 3 days prior to the hearing and send a courtesy copy to the CAD email, copying all parties.
Page 1 | C. Remote Appearance
Special motions e-filed with the clerk—including continuance, emergency, disqualification or recusal, and rehearing motions—must also be emailed directly to the Judge's Office.
Special motions that you E-File with the Clerk of Court should also be emailed directly to the Judge's Office for review are: Motions to Continue Emergency Motions Motions for Disqualification/Recusal Motions for Re-Hearing
Page 1 | D. Submission of Orders
An emergency motion must be submitted in original form to the Clerk and emailed to the Judicial Assistant for review.
Submit the original motion directly to the Clerk and email a copy of the Emergency Motion to the J.A. for the Judge's review and determination if the matter is a true emergency.
Page 1 | F. Emergency and Other Urgent Matters
Courtesy copies must be submitted to the Court for every hearing or trial.
Courtesy copies must be submitted to the court for any hearing or trial.
Page 1 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies must be emailed in PDF/A format at least three days before a hearing or trial to the Judicial Assistant.
Courtesy copies must be submitted in PDF/a format no less that three (3) days prior to a hearing or trial to Cad-DivisionJS@pbcgov.org
Pre-Motion Conference Requirements
Before an evidentiary hearing on a motion to reopen is scheduled, the case must be set for a Tuesday-morning status check through the Judicial Assistant.
Motions to Reopen, prior to scheduling an evidentiary hearing the case MUST be set for a status check on the Tuesday morning docket. Please Contact the Court's Judicial Assistant for dates and times.
Page 1 | B. Scheduling Procedures — Dependency
Adjournment & Extension Requirements
A continuance motion must be submitted at least three days before the affected court date unless exigent circumstances apply.
Motions for continuance must be submitted at least three (3) days prior to the scheduled court date for which the continuance is sought, barring exigent circumstances.
Page 1 | B. Scheduling Procedures — Continuance Procedure
Dependency judicial-review and permanency hearings may not be cancelled without court permission.
Judicial Reviews and Permanency Hearings as part of Dependency SHALL not be cancelled without leave of the Court.
Page 1 | B. Scheduling Procedures — Cancelling Hearings
A continuance motion must specifically state the basis and discovery date, opposition, readiness actions and dates, proposed ready date, and whether that date is agreed.
Motions for continuance must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.
Page 1 | B. Scheduling Procedures — Continuance Procedure
Continuance motions are disfavored, require good cause, face heightened disfavor when successive, and cannot be granted for lack of due diligence.
Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance.
Page 1 | B. Scheduling Procedures — Continuance Procedure
Delinquency judicial-review hearings cannot be cancelled or continued by agreement; a motion must be filed and a hearing set.
Delinquency Judicial Reviews; These hearings are set by the Court they CANNOT be cancelled or continued by agreed order. A motion must be filed, and a hearing must be set.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings
A trial cannot be continued by agreement without a motion and proposed order, and a contested continuance must be set for hearing.
Trials cannot be continued by agreement without the filing of a Motion and Proposed Order for the Court's review. Contested Continuances MUST be set for hearing.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings
Unless good cause is shown, the requesting party must personally sign a continuance motion.
Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Page 1 | B. Scheduling Procedures — Continuance Procedure
Chambers Communication Rules
Interpreter-request confirmation must be emailed to the divisional CAD, interpreter address, and all parties with the case details, language, hearing time, and expected duration.
In addition, you MUST send an email to the Divisional CAD at, CAD-DivisionJS@pbcgov.org and to CAD-AllCourtInterpreters@pbcgov.org, and all parties confirming you have submitted an official request and including the case name, case number, language needed, the start time of the hearing, and the amount of time expected for the hearing.
Page 1 | H. Other Division Procedures — Court Interpreters
Before setting a delinquency hearing, all motions must be cleared with the Judicial Assistant, the parties must confer, and the moving party must file the notice and copy the Court email address.
ALL motions must be cleared with the court's Judicial Assistant, and the parties must confer prior to setting the hearing, and the Moving Party SHALL file the notice of hearing with the clerk's office and cc the CAD-DivisionJS@pbcgov.org to notify the court that a hearing has been set.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings
All other agreed resets or cancellations must be cleared with the Judicial Assistant before the cancellation and reset notices are filed.
ALL other agreed resets/cancellations MUST be cleared with the Court's Judicial Assistant before filing a notice of cancellation and notice resetting hearing.
Page 1 | B. Scheduling Procedures — Cancelling Hearings
All parties must be copied on judicial-office email unless the law authorizes an ex parte communication.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 1 | A. Communications with the Judicial Office — Ex parte Communications
For an emergency Zoom appearance, the party must email the Judicial Assistant, file an emergency motion, and upload a proposed order through OLS.
In an emergency, please email the JA via email at CAD-DivisionJS@pbcgov.org regarding the emergency, and you MUST file an EMERGENCY MOTION to appear via Zoom and upload a proposed order to OLS.
Page 1 | C. Remote Appearance
The court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the court.
Page 1 | A. Communications with the Judicial Office — Unsolicited Communications
Dependency motions lasting over 10 minutes and all evidentiary motions must be scheduled through the Judicial Assistant; specially set motions are not heard before 10 a.m. Tuesday.
All dependency motions that last more than 10 minutes must be set by contacting the Court's JA at CAD-DivisionJS@pbcgov.org. Specially set motions will not be heard prior to 10 AM on Tuesdays. Evidentiary Motions SHALL only be set by contacting the Court's JA for dates and times at CAD-DivisionJS@pbcgov.org.
Page 1 | B. Scheduling Procedures — Dependency
Out-of-court communications with the Court must generally be directed to the Judicial Assistant at the stated email address.
Unless otherwise directed, all out-of-court communications with the Court are to be through the Court's Judicial Assistant (JA) at CAD-DivisionJS@pbcgov.org.
Page 1 | A. Communications with the Judicial Office
Case-related correspondence to the Court generally must copy all parties and concern only scheduling, pleadings, or draft orders.
Unless otherwise expressly permitted, all case-related correspondence must be copied to all parties and shall be limited to scheduling matters or providing pleadings and draft orders for the Court's review.
Page 1 | A. Communications with the Judicial Office
Dependency routine hearings and motions under 10 minutes may be set only after contacting the Judicial Assistant and are heard Tuesday at 9:00 or 9:30 a.m.
ALL routine hearings (including but not limited to status checks and calendar calls) and motions that are less than 10 minutes will be heard on Tuesdays at 9 or 9:30 AM and may only be set after contacting the court's judicial assistant.
Page 1 | B. Scheduling Procedures — Dependency
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders 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.
Page 1 | A. Communications with the Judicial Office — E-Filing Portal Contact Information
Spanish and Creole interpreter requests require at least five working days' notice, while other languages may require up to ten days' notice.
For lengthy hearings, please be advised that for Spanish and Creole, our interpreters need at least 5 working days advance notice, and up to 10 days advance notice for all other languages.
Page 1 | H. Other Division Procedures — Court Interpreters
Family-case hearings and motions may be scheduled only by contacting the Judicial Assistant at the stated email address.
Hearings/Motions SHALL only be set by contacting the Court's JA for dates and times at CAD-DivisionJS@pbcgov.org.
Page 1 | B. Scheduling Procedures — Family Cases
Hearings must be requested by email to the Judicial Assistant.
Hearings must be requested by e-mail to Cad-DivisionJS@pbcgov.org
Page 1 | B. Scheduling Procedures — Scheduling Hearings
A delinquency motion expected to last longer than 15 minutes must be scheduled through the Judicial Assistant and cannot be placed on the morning docket.
Any motions longer than 15 minutes shall not be placed on the morning docket and must be set by contacting the court's judicial assistant.
Page 1 | B. Scheduling Procedures — Delinquency Proceedings