15th Judicial Circuit - Divisional Instructions

http://15thcircuit.co.palm-beach.fl.us:8080/web/guest/cox/divinstru...

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Divisional Instructions
UNIFORM MOTION CALENDAR is Monday through Thursday at 8:45 a.m. Ten minutes per case - not per Motion, please read Local Rule 4. Please check suspension dates online. The docket is set based on the parties arriving and signing in on the Sign-In Sheet outside the Courtroom the morning of the hearing. Hearings are conducted on a first ready first serve basis. File your Notice of Hearing with the Clerk, giving five (5) business days notice to the opposing party or parties. A courtesy copy of the Notice of Hearing and the Motion must be sent addressed to Judge Cox's chambers five (5) business days prior to the hearing date for his review in preparation of the hearing. (Courtesy copies of any pleading or pleadings referenced in the Motion should also be included in the package to Judge Cox.) All parties are required to bring a proposed Order on the Motion, sufficient number of copies for conforming, and pre-addressed stamped envelopes (one for each party) to the hearing. If your Motion requires arguing more than three (3) case citations or more than three (3) interrogatory questions and answers ... it is not an 8:45 hearing ... special set utilizing the On-Line E-Scheduling (See Special Set Hearings Section Below). UMC hearings are not scheduled with the Judge's office, nor does the Judge's office keep a "calendar" for UMC hearings. However, Judge Cox reads all the submissions for UMC. Therefore, if canceling a UMC hearing on short notice (24 hours or less before the hearing), please place a courtesy call to the Judicial Assistant advising of the cancellation in addition to filing a Notice of Cancellation. Telephonic Appearance at Uniform Motion Calendar is permitted. However, one party must appear in person and have signed in for the hearing to take place. The requesting counsel shall file with the Clerk and provide the Court and opposing counsel a "Notice of Telephonic Appearance" containing the call in telephone number (561-355-1599) as well as their telephone number. The attorney appearing by phone will call in between 9:10 a.m. and 9:15 a.m.; if opposing counsel is present and case is signed in, the Judge will take the telephonic appearance, if not, the attorney will be instructed to call back. If the party setting the hearing is attending by telephone, they are responsible to ensure all relevant materials for consideration of the hearing and proposed Order on the motion with copies and envelopes are in the Judge's possession prior to the day of the hearing. CANCELLING UMC HEARINGS. Please file with the Clerk a Notice Cancelling UMC Hearing and send a courtesy copy to the Judge. If canceling a UMC hearing on short notice (24 hours or less before the hearing), please place a courtesy call to the Judicial Assistant advising of the cancellation. SPECIALLY SET HEARINGS are set through the MANDATORY ON-LINE E-SCHEDULING. All Motions must be filed with the Clerk's Office before setting hearing on-line. Detailed instructions on using the new online calendaring are located on the Home Page of the website: www.15thcircuit.com The party setting the hearing must check with all opposing counsel or parties, or at least make a reasonable effort with pro se litigants of their mutual convenient avaiilability. The party setting the hearing will be required to prepare an Order Setting Hearing and send it to the Judge's chambers with a cover letter referencing the hearing date and time, a copy of the on-line confirmation page, and copies of the Order for conforming (one for each party), pre-addressed stamped envelopes (one for each party), as well as a courtesy copy of the Motion to be heard. ORDERS ARE NOT SENT TO THE CLERK. All parties are required to bring a proposed Order on the Motion, sufficient number of copies for conforming, and pre-addressed stamped envelopes(one for each party) to the hearing. If you are having difficulty coordinating the hearing date with the opposing party or parties, you may come to an 8:45 hearing for purposes of scheduling the special set hearing.

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15th Judicial Circuit - Divisional Instructions

http://15thcircuit.co.palm-beach.fl.us:8080/web/guest/cox/divinstru...

All memoranda (not to exceed ten (10) double spaced pages without court approval) with case authority must be received in the Judge's chambers seven (7) days in advance of the hearing and should designate the date and time of the hearing. Memos and/or case law will not be accepted at the time of hearing. Telephonic Appearance at Specially Set Hearing is by Order of the Court. The requesting counsel must file a Motion for telephonic appearance with the Clerk of Court. A courtesy copy of the Motion and proposed Order granting the telephonic appearance with copies (for conforming) and pre-addressed stamped envelopes (one for each party) must be sent to the Judge's chambers not later than five (5) business days prior to the hearing. Once the Motion is granted, the attorney appearing by phone must call into the Courtroom at the time of the hearing, therefore the Order must contain a blank line where the courtroom phone number will be written in. Party appearing by phone is required to send to the Judge's chambers not later than five (5) business days prior to the hearing a proposed Order on the Motion being heard, sufficient number of copies for conforming, and pre-addressed stamped envelopes for each party CANCELLING SPECIAL SET HEARINGS. YOU MAY NOT CANCEL THE HEARING WITHOUT A SIGNED COURT ORDER. The party who set the special set hearing will be required to prepare an Agreed Order Cancelling Hearing and send it to the Judge's chambers with copies for conforming (one for each party), pre-addressed stamped envelopes (one for each party) and a cover letter. HEARINGS FOR MORE THAN 30 MINUTES will be set on a non-jury trial docket. Send to Judge Cox a letter stating the amount of time requested for the hearing (45 minutes; 1 hour; etc.) and a courtesy copy of the Motion to be heard as well as pre-addressed postage paid envelopes (one for each party). The JA will send out the Order Setting the Motion on a Non-Jury Trial Docket. LIMITED APPEARANCES. Division "AN" adopts by reference Rule 12.040(a)(b)(c)(1) as amended herein. Any Florida Bar Member who wishes to make a limited appearance may do so as follows: An attorney of record for a party shall be the attorney of record throughout the proceeding. However, an attorney may file a written notice of limited appearance five (5) days before any hearing at which the attorney is to appear and submit a courtesy copy to the Judge's chambers five (5) days before the hearing. The notice will be signed by the client party specifically limiting the attorney's appearance only to the particular proceeding or matter in which the attorney appears and specifically indicating the date and time of the hearing and the specific matter being heard at the hearing. The notice of limited appearance shall include the name, address, telephone number, and Bar number of the attorney and the name, address, and telephone number of the party. The attorney of record may not sign on behalf of client. If an attorney appears of record for a particular limited proceeding or matter, that attorney shall be deemed "of record" for only that particular proceeding or matter unless otherwise ordered by the Court. At the conclusion of such proceeding or matter the attorney's role terminates without the necessity of leave of court upon the attorney filing a notice of completion of the limited appearance. The notice shall be entitled "Termination of Limited Appearance" and shall include the name and last known address of the person represented by the withdrawing attorney. Any attorney appearing on behalf of a party must either be counsel of record or must have filed a limited appearance in compliance with this Rule, otherwise the attorney may not appear. DOCKET CALL. Appearance at Docket Call is mandatory, unless excused by prior Order. At Docket Call your case will be given one or more trial dates. Prior to Docket Call, come to an 8:45 hearing and advise the Court of any conflict dates. If your case has settled prior to Docket Call, please advise the Court in writing. At Docket Call you must have filed a Pretrial Statement, attended Mediation, and have otherwise complied with the Pretrial Order. Failure to comply with any part of the Pretrial Order will result in your case riding the Docket on 48 hours notice for trial. Suggestions. Please read Series 1 - Local Rules; Series 2 - General Rules; and Series 3 Civil Rules. Please read carefully and fully comply with the Pretrial Order. The Pretrial is a direct Order of the Court and failure to comply will result in sanctions unless you come to the Court in advance and obtain relief from the Order. The terms of the Pretrial Order are mandatory and not just recommended behavior. NOTICE TO SET CAUSE FOR TRIAL. The original Notice to set cause for trial should be submitted directly to the Clerk. Mail to Judge Cox a courtesy copy of the Notice with sufficient pre-addressed stamped envelopes (one envelope for each party). It is very helpful to include the most current telephone numbers of all counsel in the Notice to set

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15th Judicial Circuit - Divisional Instructions

http://15thcircuit.co.palm-beach.fl.us:8080/web/guest/cox/divinstru...

cause for trial.

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