Judge Mark S. Blechman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Notice of Hearing, Proposed Order
- 1 copy • Email
Motion, Proposed Order
Notice of Hearing, Motion
Notice of Hearing, Motion, Proposed Order
- 1 copy • Email
Adjournments
- A continuance request must be submitted at least five business days before the scheduled court date, show good cause, and be signed by the requesting party unless good cause excuses the signature requirement.
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements8 rules
ADA Accommodations-must be placed on all Notice of Hearings in bold, 14 font:
- Font size
- 14 points
- Notice of hearing
Formatting
- •ADA accommodations language must be bold
Orders must be in Word format only, (not rtf, pdf or any other version) as the Court can only upload a Word document for electronic signature.
- File type
- Word
- Proposed order
Formatting
- •RTF, PDF, and all other file versions are prohibited
All proposed orders must be submitted in Word format.
- File type
- Word
- Proposed order
All proposed orders must be in word format.
- Proposed order
Formatting
- •Word format
Format: PDF or Word Format, not in a zip folder or share folder as they are moved to a queue for the Judge to review and other formats cannot be moved properly.
Formatting
- •PDF or Word format
Format: Word or PDF (no zip drives, share folders or links)
Formatting
- •Word or PDF format
The copy must have the filing stamp across the top.
Copies provided by email should be sent in pdf or Word, not in a zip folder or share folder as they are moved to a queue for the Judge to review and other formats cannot be moved properly.
- File type
Document Filing Requirements35 rules
1- The specific amount of the gross settlement in this proposed offer and Motion for Approval.
However, "... before approving a settlement of the minor's claim in any case in which the gross settlement involving a minor equals or exceeds $50,000", the Court must appoint a guardian ad litem.
The Court will need the following information in most cases:
The Court will need to know how the funds will be invested or protected and in what institution(s) or through which vehicle(s).
A detailed closing statement must show attorney fees, recipients, costs, anticipated fund distribution, liens, outstanding balances, and unresolved claims compensated from the proceeds.
Court's wording
A copy of a detailed closing statement showing the attorney's fees and the recipients, costs expended or to be expended, anticipated distribution of funds and to whom, liens resolved and unresolved, outstanding balances owed, as required by The Rules Regulating The Florida Bar and specifically Rule 4-1.5, and unresolved claims against the Estate, as well as any other claims being compensated from these proceeds.
2- The itemized proposed distribution amongst the beneficiaries and/or survivors, the Estate, or other entities with claims and costs and attorney's fees.
3- The appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement.
A copy of the release, and any settlement agreements to which the minor, or his guardian on behalf of the minor, will need to sign and assurances that it has been reviewed by counsel and that all parties agree, in writing, that it is only intended to release the settling party and their insurers as insurers of this particular settling party, and is not intended to release any other defendant or non-party.
The existence of medical insurance, Medicaid, Medicare or other sources of payment, or lack thereof, for future treatment that has been projected.
If an annuity is to be purchased, the Court will need a copy of the information setting forth the cost, present value, payment schedule, the name of the company that will be used, the name of the owner of the annuity and its relationship to those companies being released, as well the rating of the company.
If the injury or treatment involves resulting scarring or disfigurement, photographs of the child after the incident and photographs of the present condition will be required.
Copies of the initial medical records including the history and physical showing the presenting condition, if hospitalized the admission and discharge and summary resume will be necessary.
A final report from each primary treating physician with an indication of the need for, or the lack of need for, future care and, if possible the approximate costs.
The report must address whether the minor is bound by a confidentiality agreement, the authority and consequences of a violation, and the party responsible for seeking appropriate sealing under Florida Rule of Judicial Administration 2.420(d).
Court's wording
If the release and/or settlement agreement require a confidentiality agreement, is the minor child meant to be bound by such agreement and by what authority? What is the anticipated consequence to the minor child for violation of this confidentiality agreement? Which party will take responsibility to seek, and obtain, the appropriate measure to seal the limited documentation in the Court file pursuant to Florida Rules of Judicial Administration, Rule2.420(d)?
A remote-appearance motion must include a proposed order.
Court's wording
Any request for remote appearance at an evidentiary hearing must be made by motion and received by the court at least 5 business days prior to the hearing date with a filed cover letter and proposed order.
Title of each petition/motion and date filed
If in-person or virtual. If in-person, indicate courtroom 19-C and courthouse address.
If virtual, it must include the Webex link and;
ADA Accommodations-must be placed on all Notice of Hearings in bold, 14 font:
All Orders must describe, in the caption/title, the subject and ruling of the Court, (i.e. “Order Granting Motion to Strike Claim of Creditor Truist Bank.”) not just the word “Order”.
- Document
- Order
- Placement
- Caption
Please ensure the correct case number and decedent’s name are on the order as well as in the subject line of the email.
- Document
- Proposed order
Include
- •Case number
A probate email must attach the current required e-filed checklist, e-filed cover letter, and proposed order in Word format.
Court's wording
A copy of the required efiled checklist, which includes the e-filing information across the top, must be attached to your email, along with your efiled cover letter and proposed orders in Word. Please be sure you are using the most current version of the checklist, which may be found on the Court’s Probate webpage.
An email submitting a proposed order must include required checklists and an e-filed cover letter identifying the hearing status and date, confirming opposing counsel's approval or absence, bearing a filing stamp, and being viewable in the clerk's system.
Court's wording
Along with the proposed order, any required checklists, an e- filed cover letter must be attached to the email that indicates that the order is being submitted without a hearing or subsequent to a hearing held with date of hearing (the cover letter must have the filing stamp across the top and be viewable in the Clerk’s system) and must indicate that opposing counsel, if applicable, has reviewed and approved the form of the order or that there is no opposing counsel when submitting to the court for review.
Email cover letter, motion and proposed order to chambers for review.
An order granting a motion to withdraw in a probate formal administration or for a corporate or other legal-entity client must state the specified new-counsel deadline and consequence.
Court's wording
The Order Granting Motion to Withdraw must contain the following language: If a Probate case and a formal administration, the PR shall be given 30 days to obtain new counsel or the case will be dismissed. If the client is a corporation or other legal entity, allow no more than thirty (30) days to obtain substitute counsel.
If Guardianship case, the Guardian is required to have counsel and shall be given 30 days to obtain new counsel or the case will be set for a Rule to Show Cause hearing.
The motion, cover letter and proposed order must be emailed to the Court at least five (5) business days prior to the court date.
- Document
- Motion
Must include
- •Proposed order
All checklists were revised on October 31, 2022. Please only use the most recent version. The applicable checklist must be fully completed or it will not be considered.
A party or self-represented party that used AI to prepare a filed paper must disclose that use in a clear factual statement and certify that every legal and record citation was independently verified as accurate.
- Document
- Papers filed with court
Must include
- •AI disclosure
Court's wording
However, if any party or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.
• Usage: A checklist must be filed with, opening a Formal Administration, closing a Formal Administration, filing a Summary Administration and Petition for Determining Homestead Status of Real Property in Formal and Summary Administration cases.
the Court may appoint a Guardian ad litem before approving a settlement if "... the gross settlement of the claim exceeds $15,000.
If the release and/or settlement agreement contain a duty to defend, indemnify and hold harmless, is such agreement intended to bind and apply to the minor child or just the guardian. If it is intended to apply to the minor child, by what legal authority can the minor child be bound to defend, indemnify and hold harmless this party.
The above mentioned medical reports should contain an estimate of the cost of and an explanation of the treatment plan for these injuries.
The subject line of the email must include the case number, style, and date/time of the hearing.
If the order is being submitted for consideration after being denied and corrected, please indicate such in the cover letter AND in the body of the email.
Filing & Service rules
Electronic Filing Rules
Routine probate petitions and proposed orders must be emailed to the court for chambers review and signature.
Routine petitions and proposed orders must be emailed to the Court for the Court to review and sign in chambers.
Page 9 | D. Submission of Orders to Chambers
An attorney must e-file a cover letter with the clerk in every case to document why the court received the order.
A cover letter must be e-filed by the attorney with the Clerk and is required on all cases to document in the court file why the order was received by the Court.
Page 10 | D. Submission of Orders to Chambers
Documents must be filed online.
File Your Documents Online - Instructions
Page 1 | Important Information
Filing Timing and Cure Windows
An objection to a remote-appearance motion must be received within two business days after the motion is filed.
Any objection to the motion must be received by the Court within 2 business days of the filing of the motion.
Page 4 | Hearings (other than short matters)
A request for remote appearance at an evidentiary hearing must be made by motion at least five business days before the hearing and include a filed cover letter and proposed order.
All evidentiary hearings are in person. Any request for remote appearance at an evidentiary hearing must be made by motion and received by the court at least 5 business days prior to the hearing date with a filed cover letter and proposed order.
Page 4 | Hearings (other than short matters)
Failure to make the required timely submission will result in the short-matter hearing not being held.
Failure to do so will result in the hearing not being held.
Page 4 | Submission Deadlines
Do not file a Notice of Hearing until the Judicial Assistant confirms the hearing time by email.
Your hearing time is not confirmed until you receive a reply from the Judicial Assistant. Do not file a Notice of Hearing until you have received a conformation email. At the time of the emailed hearing confirmation, the Judicial Assistant will confirm your appearance type for the hearing.
Page 5 | B. Scheduling Procedures
The cover letter, motion, and other necessary documents must be viewable in the clerk's system before email submission because the court will delete or reject emails whose supporting documents cannot yet be viewed.
Be sure that documents necessary to review the submission, including the cover letter and motion, can be viewed on the Clerk’s system before submitting. The Court will not hold emails waiting for documents to be viewable and they will be deleted/rejected.
Page 10 | D. Submission of Orders to Chambers
Courtesy-copy submissions must be sent no more than ten but at least five business days before the hearing.
Deadline for Submissions: At least five (5) business days prior but no more than ten (10) business days prior to the hearing to ensure an opportunity for the Court to review.
Page 12 | E. Courtesy Copies of Case Law and Other Documents
The motion, cover letter, and proposed order for a virtual witness appearance must be submitted at least five business days before the court date.
The motion, cover letter and proposed order must be emailed to the Court at least five (5) business days prior to the court date.
Page 14 | G. Exhibits for Evidentiary and Non-Jury Trial Proceedings
Courtesy copies should be sent no earlier than 10 days before the hearing.
Courtesy copies should not be sent any sooner than 10 days prior to the hearing.
Page 3 | Setting: Short matters hearings
The filer must email the Notice of Hearing, motions, and proposed orders in Word format to 1orange@ninthcircuit.org 3–10 business days before the hearing.
In addition to filing the Notice of Hearing with the Clerk of Court, a copy of the Notice of Hearing, Motion(s), and proposed order(s) (in word format) must be emailed to 1orange@ninthcircuit.org at least three (3) but no more than ten (10) business days prior to the hearing to ensure an opportunity for the Court to review.
Page 4 | Submission Deadlines
After a hearing, the judge will advise counsel at the hearing of the proposed-order submission deadline.
If a hearing is held the Judge will advise counsel at the hearing of the deadline to submit the proposed order.
Page 9 | D. Submission of Orders to Chambers
Service and Proof of Service Rules
Attorneys and self-represented litigants must use Form 2.603 to update their contact information whenever the email account registered for electronic service changes.
It is the responsibility of attorneys and pro se/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
Page 2 | A. Communications with the Judicial Office
Every party, including a self-represented litigant, must be copied on email sent to the judicial office.
All parties, including pro se/self represented litigants, must be copied on any e-mail directed to the judicial office.
Page 2 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must provide an email address for electronic delivery of signed orders unless excused.
All attorneys and pro se/self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.
Page 2 | A. Communications with the Judicial Office
The Notice of Hearing must be filed and served immediately after hearing confirmation.
Notice of Hearing: A notice of hearing must be filed and served immediately only after receiving a conformation email from the Judicial Assistant. The Notice of Hearing must include the following:
Page 5 | B. Scheduling Procedures
Every party must be copied on all email submissions.
All parties must be copied on all email submissions.
Page 10 | D. Submission of Orders to Chambers
A guardianship attorney-fee motion or petition must be supported by the guardian's filed written consent or proper notice, and the filing must state the consent, service, or applicable exemption.
There must be either a filed, written consent of the guardian or proper service of notice to the appropriate parties and the motion/petition must state that either there exists consent or proper service or that there is exemption for consent or notice
Page 11 | D. Submission of Orders
When the court requests an order involving other parties, counsel must draft and circulate it within three business days, email it to the court within seven days after the hearing, and provide a copy to the other parties.
If counsel is asked by the Court to prepare an order where there are opposing counsel or other parties, the order should be drafted and circulated within three (3) business days and must be submitted via email to the court within seven (7) days of the hearing, with a copy to opposing counsel or to the other parties.
Page 12 | D. Submission of Orders
If there are objections to a proposed order, opposing counsel or a self-represented party should file an objection cover letter and email it to the court within 24 hours.
Within 24 hours, opposing counsel and/or pro se/self represented party should file a cover letter which indicates their objections and email to the court.
Page 12 | D. Submission of Orders
All requirements should be summitted in one email.
All requirements should be summitted in one email.
Page 12 | E. Courtesy Copies of Case Law and Other Documents
Courtesy Copy Requirements
At least three (3) business days before the hearing, provide the judge by email a courtesy copy of the motion, hearing notice with the video link and reason the hearing is necessary, and proposed order(s) in Word format.
A courtesy copy of the motion, notice of hearing with the video link and reason for the necessity of the hearing, and proposed order(s) in word format must be provided to the judge via email to 1orange@ninthcircuit.org at least three (3) business days before the hearing.
Page 3 | Setting: Short matters hearings
Email the judge a copy of the hearing notice, motions, and proposed orders at least three but no more than ten business days before the hearing.
In addition to filing the Notice of Hearing with the Clerk of Court, a copy of the Notice of Hearing, Motion(s), and proposed order(s) (in word format) must be emailed to 1orange@ninthcircuit.org at least three (3) but no more than ten (10) business days prior to the hearing to ensure an opportunity for the Court to review.
Page 4 | Submission Deadlines
Failure to provide courtesy copies to all parties may result in cancellation of the hearing.
Failure to provide courtesy copies to all parties may result in the hearing being cancelled as the court will be unable to properly prepare.
Page 4 | Submission Deadlines
Email courtesy copies of the listed hearing materials to 1orange@ninthcircuit.org at least five but no more than ten business days before the hearing.
In one email, courtesy copies of the Notice of Hearing, proposed order(s) in word format, petition/motion, response, reply, memo of law and/or case law you wish the court to consider are required to be emailed to 1orange@ninthcircuit.org at least five (5) but no more than ten (10) business days prior to the hearing to ensure an opportunity for the Court to review.
Page 6 | B. Scheduling Procedures
Courtesy copies are required for every hearing and must be provided according to the hearing-confirmation email instructions.
When Required: Courtesy copies are required for all hearings and must be provided following the instructions in the email confirmation setting hearing.
Page 12 | E. Courtesy Copies of Case Law and Other Documents
For most short matters, email the petition or motion, cover letter, and proposed order to chambers for review before setting a hearing; the Judicial Assistant will notify the party if a hearing is needed.
Most Short Matters can be reviewed in chambers without setting a hearing and it is advised you email the petition/motion, cover letter and proposed order to chambers first and if a hearing is needed you will be notified by the Judicial Assistant.
Page 2 | B. Scheduling Procedures
Courtesy copies received fewer than five business days before the hearing may not be reviewed before the hearing.
Additionally, any courtesy copies received after the 5 days prior to the hearing may not be reviewed by the court prior to the hearing.
Page 6 | B. Scheduling Procedures
Sealing & Redaction Procedures
The closing statement should not be publicly filed with the court and must instead be submitted under seal or brought to any hearing.
The closing statement should NOT befiled with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.
Civil cases
Page 2 | ITEMS REQUIRED BY THE COURT
Pre-Motion Conference Requirements
A proposed order must not be sent to the court until opposing counsel has approved its form, when applicable.
Please do not send proposed orders to the Court until you have approval as to the form by opposing counsel, if applicable.
Page 12 | D. Submission of Orders
Adjournment & Extension Requirements
A continuance request must be submitted at least five business days before the scheduled court date, show good cause, and be signed by the requesting party unless good cause excuses the signature requirement.
Continuance Procedure: Continuances will be granted only upon good cause shown. A request for continuance must be submitted at least five (5) business days prior to the scheduled court date. 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 7 | B. Scheduling Procedures
Chambers Communication Rules
All communications to the judicial office must be sent by email to the listed address and include the case number and case name in the subject line.
All communications to the judicial office must be submitted by e-mail to 1orange@ninthcircuit.org. The subject line must contain the case number and case name.
Page 2 | A. Communications with the Judicial Office
Every short-matter hearing must be coordinated with opposing counsel or the self-represented party.
All short matters hearings must be coordinated with opposing counsel and/or pro se/self represented party.
Page 3 | Setting: Short matters hearings
A request for a hearing longer than one hour must be emailed to Judge Blechman with the petition or motion attached and an explanation for the requested duration.
Any hearing requests for longer than 1 hour must be approved by Judge Blechman by emailing the 1orange email address, attaching the petition/motion and detailing the reasons for the excessive time.
Page 4 | Hearings (other than short matters)
Request a hearing by email to 1orange@ninthcircuit.org, copying opposing counsel or the pro se/self-represented litigant, and provide the specified hearing information.
Email 1orange@ninthcircuit.org copying opposing counsel/pro se/self-represented litigants requesting the hearing be added to the docket. The hearing request must be in the below format including the required information:
Page 5 | B. Scheduling Procedures
The party cancelling a hearing must immediately email the court at the specified address to advise the court of the cancellation.
The party cancelling the hearing must immediately email 1orange@ninthcircuit.org to advise of the cancellation.
Page 7 | B. Scheduling Procedures
Orders are submitted to chambers by email at 1orange@ninthcircuit.org.
Submission Method: Via email to 1orange@ninthcircuit.org
Page 9 | D. Submission of Orders to Chambers
After a rehearing, reconsideration, or new-trial motion is visible in the clerk's system, a copy must be emailed directly to chambers with a filed cover letter and proposed order.
Upon filing the Motion and after viewable in the Clerk’s system, you must email a copy directly to chambers with a filed cover letter and proposed order for review because the Clerk does not provide the motion to the Court.
Page 11 | D. Submission of Orders
Email a copy of an emergency motion to the Judicial Assistant at 1orange@ninthcircuit.org to alert the Court to emergency consideration.
If you have filed a motion (which should contain a detailed explanation of the circumstances of the emergency) that you believe needs emergency consideration by the judge, please email a copy to the Judicial Assistant at 1orange@ninthcircuit.org to alert the Court that there is a Petition or Motion for emergency consideration.
Page 13 | F. Emergency and Other Urgent Matters
Send an electronic copy of trial exhibits to 1orange@ninthcircuit.org with the case number and hearing date and time in the subject line.
An electronic copy must be sent to 1orange@ninthcircuit.org with the case number, date and time of the hearing appearing in the subject line.
Page 13 | G. Exhibits for Evidentiary and Non-Jury Trial Proceedings
The court will not consider unsolicited communications from non-parties, and parties must contact the judicial office only in accordance with the listed practices and procedures.
Unsolicited communications from non-parties will not be considered by the court. Parties may only contact the judicial office in accordance with these practices and procedures.
Page 2 | A. Communications with the Judicial Office
The attorney noticing a hearing must provide at least five days’ notice of the hearing.
The attorney noticing the hearing must provide at least 5 days’ notice of
Page 2 | B. Scheduling Procedures
A request to cross-notice a matter must be emailed to the Judicial Assistant and must state whether the matter can be heard within the originally allotted time.
Cross-noticing: You must email the Judicial Assistant requesting to cross-notice a matter. Your email must indicate if the matter can be heard in the same allotted time the hearing is set for.
Page 7 | B. Scheduling Procedures
Proposed agreed and unopposed orders should be emailed to 1orange@ninthcircuit.org.
Proposed agreed and unopposed orders should be emailed to 1orange@ninthcircuit.org.
Page 9 | D. Submission of Orders to Chambers
Please allow 15 business days before inquiring of the court of the status of this type of submitted order.
Please allow 15 business days before inquiring of the court of the status of this type of submitted order.
Page 10 | D. Submission of Orders to Chambers
The judicial assistant is not authorized to provide legal advice.
The judicial assistant is not authorized to provide legal advice
Page 2 | A. Communications with the Judicial Office
Before contacting the judicial assistant about whether an order was signed, counsel should check e-service and then the clerk's docket system.
If you want to know if a specific Order has been signed by the Judge, you should first check your e-service email as the Order may have been e-served. If not received by e-service, then check the Clerk’s system to see if it has been docketed before contacting the Judicial Assistant, as she may not be able to track the signing of a specific Order due to the high volume of Orders received by the Court.
Page 12 | D. Submission of Orders