Judge Marc S. Makholm
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Emergency Motion
Exhibit Binders
Legal Authority
- Mail • At Least Five Business Days Before Hearing
Adjournments
- Continuances are disfavored and require a signed motion and a showing of good cause.
- To stipulate to a new deadline, the parties must file an agreed motion alleging good cause and upload an agreed proposed amended DCM order to the judge’s queue.
- The parties may use an agreed motion and proposed order instead of a hearing to extend time under Rule 1.090 when the extension will not affect a DCMO deadline or change the date.
- +3 more
Request must include
Communication
Chambers
Clerk
Phone
Court-wideChambers
Page & Word Limits1 rule
Motions: a single document shall not exceed twenty-five (25) pages exclusive of all attachments
- Motion
- Up to 25 pages
Excluded from page count
- •Attachments
Document Format Requirements6 rules
a. All proposed orders must be submitted in PDF format
- File type
- Proposed order
Format: Case law must be in PDF Format.
- File type
- Case law
All proposed order shall be uploaded in PDF Format.
- File type
- Proposed order
Electronic evidence is still required to be presented in paper form and filed with the Clerk of Court.
- File type
- Paper
- Electronic evidence
Exhibit binders prepared in advance with exhibits sequentially tabbed are helpful and greatly assist in the orderly and speedy disposition of matters.
- Exhibit binders
Formatting
- •Exhibit binders should be prepared in advance with exhibits sequentially tabbed
Usage: Division forms are outlined in blue herein and preferred for all relevant filings and ensure compliance with the Judicial Practices and Procedures
Document Filing Requirements19 rules
All Notice of Hearing must contain the motion’s document/index number (Doc #) or the hearing shall be cancelled.
- Document
- Notice of hearing
Must include
- •Motion’s document/index number (Doc #)
Competing Orders: If, following a hearing, the parties are unable to agree about the form of an order, they must order any available transcript and file a motion for clarification by the Court, with said transcript attached.
Unsolicited Orders: (direct submissions to judge’s queue without hearing): Proposed orders submitted without a hearing must be permitted by Rule or herein and must have an accompanying motion. Unsolicited orders will be rejected.
An Exhibit List is required for Final Hearing or Trial
Attach the exhibits in support of the motion
An “emergency” motion, must include the correct contact information for the opposing party must include, if at all possible, email address and potentially phone numbers. This includes motions filed ex parte. If the movant does not have any contact information for the opposing party, please state that in the motion.
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the issues to be resolved, and reasons why an emergency hearing is necessary.
Clearly identify numerically or alphabetically
The signer of every filing, whether an attorney or an unrepresented party, must represent that identified legal authorities exist and are accurately cited, with sanctions possible after notice and an opportunity to be heard.
Court's wording
Artificial Intelligence (AI): Rule 2.515(d)(2) requires the signer of a filing to represent that the legal authorities identified in the that filing “exist and accurately cited.” This requirement applies both to filings prepared by attorneys and to filings prepared by unrepresented parties. The court may “impose sanctions for any filings inconsistent with this representation after providing the signer notice and an opportunity to be heard. Such sanctions may include reprimand, contempt, striking of the document, dismissal of proceedings, costs, attorneys’ fees, or other sanctions.
Each motion must state the precise relief, its legal basis, supporting rule or statutory authority, and the document number it addresses, and may be stricken or denied for lacking legal authority.
- Document
- Motion
Must include
- •Legal argument
Court's wording
Contents of Motions: A motion must include a concise statement of the precise relief requested; a statement of the legal basis for the request; and authority (rule or statute) that allows for the relief requested. Additionally, the Motion must reference the (Doc #) in which it is addressing. Pleadings filed without appropriate legal authority may be stricken or denied as facially insufficient.
Parties stipulate to new deadline: File agree motion alleging good cause and upload an agreed proposed Amended Differentiated Case Management (DCM) Order to judge’s queue.
Failure to Amended DCMO for the court to consider with the motion and/or failure to timely set for hearing may results in the motion being denied.
File motion prior to the deadline; in accordance with Florida Rule of Civil Procedure1.200(e)(3); and, attached a proposed Amended Differentiated Case Management Order (DCMO).
Upload a proposed order.
Include
- •Proposed order
The motion must be accompanied by a proposed order in the judge’s queue containing the prescribed extension language and a selected 30-, 60-, or 90-day service period.
- Document
- Motion for extension of service deadline
Must include
- •Proposed order
Court's wording
Upload a proposed order to judge’s queue including the following language: “Court invokes Fla. R. Civ. P. 1.070(j) for the purpose of extending the deadline for service of process. Plaintiff shall serve Defendant within (30, 60, or 90) days of this order; and, failure to effectuate service within the time frame prescribed herein may result in a dismissal of the ===== PAGE 14 ===== complaint of the complaint without prejudice.
Upload a proposed order; proposed order uploaded in word would be rejected.
Include
- •Proposed order
Notice of Filings that simply include various cases, without a memorandum, may not be considered by the court.
Agreed Motions: If Parties agree to the relief sought in a motion, the title must include “agree” “unopposed” if stipulated as appropriate.
If the Parties agree, a proposed order may be submitted in lieu of a hearing.
Filing & Service rules
Electronic Filing Rules
Attorneys and self-represented litigants must provide email addresses to the clerk and e-filing system for electronic receipt of signed orders unless excused.
E-Filing Portal Contact Information: All attorneys and self-represented litigants must provide an e-mail address to the clerk and the e-file system to receive signed orders electronically, unless excused.
Page 2 | A. Communications with the Judicial Office
The Notice of Hearing must be e-filed within 24 hours after the hearing is scheduled or the hearing may be stricken.
The Notice of Hearing must be e-filed no later than 24 hours from the time of scheduling the hearing, otherwise the hearing will be stricken by the court and the time slot will be given to another party requesting a hearing.
Page 3 | B. Scheduling Procedures
Any request for an exception to an appearance requirement must be submitted as a written motion through the Florida Courts E-Filing portal with a proposed order and good cause.
at a hearing by any party or attorney must be submitted to the Court through a written motion e-filed with the Clerk of Court using the Florida Courts E-Filing portal along with a proposed order. The motion shall provide good cause why such exception is necessary.
Page 5 | C. Remote Appearance
All proposed orders must be submitted through the Florida E-Filing Portal.
Submission Method: All proposed orders must be submitted using the Florida E-Filing Portal.
Page 6 | D. Submission of Orders and Judgments
Proposed orders must be submitted through the “Submit Proposed Order(s) to Judiciary (Court)” tab to enter the judge’s queue; uploading through the case filing tab will not do so.
Orders uploaded using the case filing tab in the E- Filing Portal will not be forwarded to the judge’s queue for consideration, they must be submitted as a proposed order, specifically select “Submit Proposed Order(s) to Judiciary (Court)” tab to be re-directed to the judge’s queue.
Page 6 | D. Submission of Orders and Judgments
Exhibits must be filed electronically through the Florida E-Filing Portal or filed with the Clerk of Court to become part of the court file.
Exhibits shall be filed electronically through the Florida E-Filing Portal or with the Clerk of Court to be made part of the court file in accordance with Florida Rule of General Practice and Judicial Administration 2.525.
Page 8 | G. Exhibits for Evidentiary Proceedings
Self-represented parties must file emergency motions and related documents with the Clerk of Courts and designate the matter as an emergency.
Self-represented parties shall file all Emergency Motions and documents with the Clerk of Courts and designate that the matter is an “Emergency.”
Page 8 | F. Emergency and Other Urgent Matters
Motions must be filed electronically through the Florida E-Filing Portal with the Clerk of Court.
Submission Method: Motions shall be filed electronically through the Florida E-Filing Portal with the Clerk of Court
Page 10 | H. Pretrial Conference Procedures
An electronic filing transmitted through the portal does not automatically notify the judge’s office that the document was filed.
Electronically filing a document transmitted through the Portal does not automatically notify the judge’s office that the document has been filed.
Page 10 | H. Pretrial Conference Procedures
Filing Timing and Cure Windows
A Notice of Hearing must be e-filed within 24 hours of scheduling the hearing.
The Notice of Hearing must be e-filed no later than 24 hours from the time of scheduling the hearing, otherwise the hearing will be stricken by the court and the time slot will be given to another party requesting a hearing.
Page 3 | B. Scheduling Procedures
All hearing materials must be submitted at least five business days before the hearing or the court may disregard them.
The court must receive all materials for the hearing no later than five (5) business days prior to the hearing or they may not be considered by the court.
Page 4 | B. Scheduling Procedures
Proposed orders must be submitted to the court within ten days after the hearing and/or ruling.
Deadline for Submissions: Proposed orders must be submitted to the Court within ten (10) days of the hearing and/or ruling.
Page 6 | D. Submission of Orders and Judgments
A motion to amend the DCMO must be filed before the applicable deadline in accordance with Florida Rule of Civil Procedure 1.200(e)(3).
File motion prior to the deadline; in accordance with Florida Rule of Civil Procedure1.200(e)(3); and, attached a proposed Amended Differentiated Case Management Order (DCMO).
Page 10 | H. Pretrial Conference Procedures
The filing party is responsible for setting a motion for hearing within 60 days after filing, failing which the motion may be deemed abandoned.
It is the party’s responsibility to set any motions for hearing within 60 days of filing or the motion may be deemed abandon.
Page 10 | H. Pretrial Conference Procedures
A case management conference must be set within 10 days after filing the DCMO motion.
Set Case Management Conference within ten (10) days of filing the motion.
Page 10 | H. Pretrial Conference Procedures
Cases older than two years require a case management conference to extend or establish deadlines and require mediation.
Cases over two (2) years old require a Case Management Conference to extend/establish deadlines and would require mediation.
Page 10 | H. Pretrial Conference Procedures
A hearing is required when a proposed amended DCM order would extend a particular deadline by more than 90 days.
Hearing required if the proposed Amended DCM Orders extends a particular deadline beyond ninety (90) days.
Page 10 | H. Pretrial Conference Procedures
A stipulated notice of trial or motion to set trial must be filed by the applicable DCMO deadline, which is 260 days after the complaint in Streamline cases and 360 days after the complaint in General cases.
File stipulated notice or motion prior to the deadline in the DCMO. (260 days after filing of complaint for Streamline cases and 360 days after filing of complaint for General cases).
Page 12 | I. Setting Case for Trial
Memoranda and legal authority filed fewer than five business days before a hearing may not be considered and may necessitate rescheduling.
Any memorandum or authority filed less than five (5) business days before the hearing may not be considered or may require the hearing to be rescheduled.
Page 7 | E. Courtesy Copies of Case Law and Other Documents
Exhibit lists not received by the deadline set in the pretrial or final-hearing order may not be considered by the court.
Exhibit List(s) not received by the deadline may not be considered by the court.
Page 8 | G. Exhibits for Evidentiary Proceedings
The court may deem a motion abandoned and deny it without further notice if it remains pending for more than 60 days without a notice of hearing.
Abandoned Motions: The court has an expectation that motions are filed with the intentions of being resolved either by agreement or court intervention. The court may deem any motion pending more than sixty (60) days without a notice of hearing as abandoned and deny it without further notice.
Page 9 | H. Pretrial Conference Procedures
Any required or desired opposition response should be filed at least five business days before the hearing.
Response in Opposition to Motion: To give the court and opposing counsel/party adequate time to prepare, if a response is required or desired, the response should be filed at least five (5) business days prior to hearing.
Page 10 | H. Pretrial Conference Procedures
Service and Proof of Service Rules
A hearing cancellation requires filing a notice, removing the hearing from JAWS, providing a courtesy copy to all parties, and emailing a courtesy copy to the Judicial Assistant.
Hearing may be cancelled, by the scheduling party, by filing a notice of cancellation and cancel/remove the hearing from JAWS; providing a courtesy copy of the notice of cancellation to all parties; and email a courtesy copy to the judicial assistant at civdivp@fljud13.org.
Page 4 | B. Scheduling Procedures
When an attorney files an emergency motion, all parties must be copied.
Attorneys shall file the motion, provide a courtesy copy to Judicial chambers via email, and copy all parties.
Page 8 | F. Emergency and Other Urgent Matters
Courtesy Copy Requirements
A courtesy copy of the Notice of Hearing must be emailed to the Judicial Assistant after the hearing time is obtained.
After obtaining a hearing time either through JAWS or the Judicial Assistant, a courtesy copy of the Notice of Hearing, which must include the motion’s document/index number (Doc #) and must be e-filed with the Clerk of Courts using the Florida Courts E-Filing portal https://myflcourtaccess.com/ and shall be emailed to civdivp@fljud13.org.
Page 3 | B. Scheduling Procedures
An amended Notice of Hearing must be emailed immediately to the Judicial Assistant as a courtesy copy.
If the Notice of Hearing is amended, a courtesy copy of the Amended Notice of Hearing must immediately be emailed to the Judicial Assistant.
Page 3 | B. Scheduling Procedures
Attorneys filing an emergency motion must provide an email courtesy copy to judicial chambers and copy all parties.
Attorneys shall file the motion, provide a courtesy copy to Judicial chambers via email, and copy all parties.
Page 8 | F. Emergency and Other Urgent Matters
For a settlement before the pretrial conference, trial, or final hearing, a party must file a notice of settlement, joint stipulation, or dismissal and email a courtesy copy to the judicial office while copying all parties.
Settlement: If the case settles prior to the Pretrial Conference, Trial or Final Hearing, one of the parties must file a notice of settlement, joint stipulation or dismissal and provided a courtesy copy to the judicial office via email, copying all parties.
Page 13 | H. Pretrial Conference Procedures
The moving party must email a courtesy copy to the judicial office, copying all parties, for immediate consideration and hearing before the pretrial conference.
moving party must provide a courtesy copy to the judicial office via email, copying all parties for the court’s immediate consideration and notice it for hearing prior to the PTC.
Page 13 | H. Pretrial Conference Procedures
Any legal authority parties would like to Court to consider prior to a hearing should arrive, in chambers, at least five (5) business days before the scheduled hearing via mail or hand delivered.
Any legal authority parties would like to Court to consider prior to a hearing should arrive, in chambers, at least five (5) business days before the scheduled hearing via mail or hand delivered.
Page 7 | E. Courtesy Copies of Case Law and Other Documents
All exhibit binders must be received in the judicial office five (5) business
All exhibit binders must be received in the judicial office five (5) business
Page 8 | G. Exhibits for Evidentiary Proceedings
Provide a courtesy copy to the judicial office via email, copying all parties.
Provide a courtesy copy to the judicial office via email, copying all parties.
Page 12 | I. Setting Case for Trial
Pre-Motion Conference Requirements
Mediation is required before a motion for summary judgment may be scheduled unless the court grants prior leave to proceed.
Motion for Summary Judgement: Mediation is required prior to scheduling the Motion for Summary Judgement, without prior leave of Court to proceed.
Page 9 | H. Pretrial Conference Procedures
Represented parties must confer under Florida Rule of Civil Procedure 1.202 before filing a motion unless exempt, with sanctions or denial possible for noncompliance.
Conferral: Represented parties must comply with Florida Rule of Civil Procedure 1.202 prior to filing a motion unless exempt. Failure to comply with the requirements of this rule may result in an appropriate sanction, including denial of a motion.
Page 9 | H. Pretrial Conference Procedures
Adjournment & Extension Requirements
Continuances are disfavored and require a signed motion and a showing of good cause.
Continuances are disfavored and will be granted only upon 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 4 | B. Scheduling Procedures
To stipulate to a new deadline, the parties must file an agreed motion alleging good cause and upload an agreed proposed amended DCM order to the judge’s queue.
Parties stipulate to new deadline: File agree motion alleging good cause and upload an agreed proposed Amended Differentiated Case Management (DCM) Order to judge’s queue.
Page 10 | H. Pretrial Conference Procedures
A motion to continue trial after issuance of an Order Setting Pretrial Conference and Trial must comply with Florida Rule of Civil Procedure 1.460.
Motions to Continue Trail: If the court has entered an Order Setting Pretrial Conference and Trial. Motions to continue must comply with Florida Rule of Civil Procedure 1.460.
Page 12 | I. Setting Case for Trial
A motion alleging good cause must be filed before the service deadline to obtain an extension, and a late request may be denied.
File motion prior to deadline alleging good cause. Failure to make an extension request prior to the deadline may result in the denial.
Page 13 | K. Small Claims Procedure
The parties may use an agreed motion and proposed order instead of a hearing to extend time under Rule 1.090 when the extension will not affect a DCMO deadline or change the date.
Parties may submit an agreed motion and proposed order in lieu of a hearing to extend or enlarge time pursuant to Florida Rule of Civil Procedure 1.090, if that extension does not affect a deadline in the DCMO or changing the date.
Page 10 | H. Pretrial Conference Procedures
A small-claims pretrial conference continuance is granted only on a limited basis through a timely motion or as permitted by the cited rule.
Continuances are only granted on a limited basis by timely motion or as permitted by Fla. Sm. C1. R. 7.090(e).
Page 14 | K. Small Claims Procedure
Chambers Communication Rules
Communications with the judicial office must comply with Canon 3, and the office will reject ex parte communications.
Ex parte Communications: All communication must comply with ===== PAGE 2 ===== Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. Ex parte communication received by this office will be rejected.
Page 1 | A. Communications with the Judicial Office
Email is preferred for judicial-office communications, and each communication must copy the opposing counsel or party, provide the case number and case style, and state the request's reason in the subject line.
Method of Communication: Email is the preferred method of communication at civdivp@fljud13.org. When contacting the judicial office, you must: copy opposing counsel/party; provide the case number; case style; and state the reason for the request in the subject line.
Page 1 | A. Communications with the Judicial Office
Parties may contact the judicial office only as directed by the stated practices and procedures.
Unsolicited Communications: Parties may only contact the judicial office in accordance with these practices and procedure.
Page 2 | A. Communications with the Judicial Office
Questions or concerns about the claim-of-exemption process must be emailed to Claimofexemption@hillsclerk.com.
Claim of exemption: Any questions or concerns on the process shall be directed to Claimofexemption@hillsclerk.com
Page 16 | L. Post Judgement Procedure