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Broward County's Local Rules of Court
17th Judicial Circuit (Division 26)
Florida

LOCAL RULE 00 | BASIC INFO

Carol-Lisa Phillips
Administrative Judge
Seventeenth Judicial Circuit of Florida
SealFlorida Broward County Courthouse
201 S.E. 6th Street
Room 15-127/Courtroom 15-175
Fort Lauderdale, FL 33301
(954) 831-7554
Div26@17th.FLCourts.org

Judge Carol-Lisa Phillips
ADMINISTRATIVE JUDGE
Judicial Assistant: Maria Diamond
Chambers: WW15127//Courtroom: WW15175

Division (26) - Complex Tort
Email: Div26@17th.FLCourts.org
CIRCUIT CIVIL DIVISION (26) PROCEDURES
Revised 03/20/23
PLEASE READ THE ENTIRE PROCEDURES

IS IT HEREBY ORDERED that all parties and attorneys, if applicable, shall comply with the following division procedures and requirements for motions, hearings, orders, and trials:

Please FOLLOW the instructions below to join the Court’s ZOOM video conference.

THIS ZOOM LINK IS ALWAYS THE SAME

Phillip Judges’ Hearing Docket
Join Zoom Meeting: https://17thFLCourts.zoom.us/j/735583281
Meeting ID: 735 583 281

ALL ZOOM MEETINGS NOW INCLUDE TOLL FREE NUMBERS FOR PARTICIPANTS CALLING IN BY PHONE
Any participants joining Zoom via Phone Numbers, for them to Mute or UnMute themselves they must press *6 on their phone.

(888) 475-4499 US Toll-free,
(833) 548-0276 US Toll-free,
(833) 548-0282 US Toll-free,
(877) 853-5257 US Toll-free,
Meeting ID: 735 583 281

Find your local number: https://17thFLCourts.zoom.us/u/adieWbD2wt

Please Note:
If you do not wish to appear by video or do not have the technology, you may appear by phone by dialing in with one of the numbers provided above or by finding your Local Number and using the Meeting ID Code.
For help joining a ZOOM Video Conference, please use the following link:
• Joining a meeting

LOCAL RULE 01 | CASES TRANSFERRED TO COMPLEX DIVISION

For any case recently transferred to the Complex Civil Division, Plaintiff’s counsel shall provide a service list with all counsel(s) names, addresses, phone numbers, e-mails and secretary’s name(s), to the Judicial Assistant @ Div26@17th.FLCourts.org.

Also, a Case Management Order setting out discovery schedules and witness disclosure dates. Counsel of record may agree to a Case Management Order regarding discovery dates and submit the same electronically through CMS. If the parties cannot agree to disclosure dates, either party may schedule the matter on Motion Calendar for resolution by the Court. If additional time will be necessary, please notify the judicial assistant.

LOCAL RULE 02 | MOTION CALENDAR

LOCAL RULE 03 | SPECIAL SET HEARINGS

All 15, 30 and 45 minute requests for special set hearing shall be scheduled utilizing the Court’s online system. It is imperative all counsel coordinate self-scheduling at a mutually agreeable time. The moving party shall contact the other side to arrange a conference call or propose open dates to set the hearing. DO NOT send hard copies of Motions to the Division, ALL paperwork needs to be uploaded electronically through CMS “Supporting Documents”.

LOCAL RULE 04 | SPECIAL SET HEARINGS REQUESTING MORE THAN 45 MINUTES

Send an email to div26 requesting a hearing time and be sure to indicate how much time is needed when sending the email.

DO NOT send hard copies of Motions to the Division, ALL paperwork needs to be uploaded electronically through CMS “Supporting Documents” - any questions please email 26. REMEMBER to upload it at least 5 days before the hearing.

*However, if the motion is longer than 50 pages, the judge wants it in a binder and delivered at least 5 days before the hearing.

ANY PARTY/COUNSEL WHO DOES NOT RETURN A WRITTEN REQUEST TO SET A SPECIAL SET HEARING WITHIN TWO (2) BUSINESS DAYS ENTITLES THE MOVING PARTY TO PICK A DATE AND SCHEDULE THE MATTER FOR A HEARING.

ALL HEARINGS LESS THAN 30 MINUTES SHALL BE HELD VIA ZOOM UNLESS OTHERWISE REQUESTED.

ALL HEARINGS SCHEDULED FOR 30 MINUTES OR MORE SHALL BE IN PERSON UNLESS REQUESTED TO APPEAR VIA ZOOM. As soon as the hearing is scheduled, please let me know the date and time and I will note the hearing for zoom.

LOCAL RULE 05 | UNILATERALLY ONLINE HEARINGS

LOCAL RULE 06 | ASSIGNING MEDIATORS

LOCAL RULE 07 | CASE MANAGEMENT

LOCAL RULE 08 | TRUE EMERGENCY

LOCAL RULE 09 | UPLOADING ORDERS ELECTRONICALLY

ALL ORDERS must be submitted electronically through the Local Broward Portal (“CMS”). Please remember when you submit orders through CMS, the orders do not go to the Judicial Assistant, the orders go directly to the Judge.

The Judge signs the order when the order is uploaded to CMS because the parties have agreed on the language of the order and the Judge ministerially signs the Order.

LOCAL RULE 10 | AGREED ORDERS

All AGREED ORDERS must be submitted through CMS. The sender MUST certify the submitted order is in fact an agreed order, and must contain the date of the hearing and type of motion. The Court reserves the right to reject any Agreed Order and may set the matter for a hearing.

Please Note:
the Court disfavors Agreed Orders continuing trial or special set hearings.

LOCAL RULE 11 | DISAGREEMENT WITH THE LANGUAGE OF THE ORDER

You must send the orders in the same email to Division 26 to the Judge notifying the Court that the parties DO NOT AGREE.

(Please ensure the Proposed Order is in Word.Doc Format and include all parties in the email).

REMEMBER! The Judge signs the order when the order is uploaded to CMS because the parties have agreed on the language of the order and the Judge ministerially signs the order.

LOCAL RULE 12 | TRANSFERS TO COMPLEX DIVISION

All requests for transfers from other Divisions must meet prerequisites of the Administrative Order governing transfer of cases to the Complex Division. If all counsel are in agreement as to the matter being transferred to a Complex Division, a hearing may not be necessary. Simply submit the motion to the Court, and if the Court finds the matter meets criteria, the case will be reassigned accordingly. Any party objecting to the transfer of a case to a Complex Division must send an email to Div26 and advise the Judicial Assistant which date the matter is to be heard, agreed by all parties and the Judicial Assistant will schedule the hearing.

LOCAL RULE 13 | TRIAL ORDERS

The parties are to schedule a Status Conference on Motion Calendar for the Court to place a case on a Trial Docket. Alternatively, the parties can agree to be placed on a trial period by emailing the court requesting a particular trial period. The email should be sent to Div26@17th.FLCourts.org. The Court may also set the matter for trial at a Case Management Conference or at any other time once the case is at issue. Cases are set for trial on quarterly dockets.

FINAL ORDER OF DISMISSAL a NOTICE OF VOLUNTARY DISMISSAL
or a
NOTICE OF SETTLEMENT TO REMOVE YOUR CASE FROM THE DOCKET

When the Order is signed. Please send an email to Div26@17th.FLCourts.org with a copy of the Order to remove your case from the docket.

The Florida Supreme Court has issued SCAO 20-23, Amendment 10 and 11 that require the trial deadlines be strictly enforced and unavailability of witnesses etc. are no longer viable excuses to continue your case, Preserve testimony for trial as needed!

The parties shall continue to comply with the Uniform Trial Order. Even if this case is unable to go to trial, the parties should have everything ready to go once jurors are able to return. If the parties are agreeable to extending certain deadlines for a short period of time, the court has no objection to the same. But again, ALL outstanding discovery, including outstanding motions should be completed, and the parties are still required to mediate the case.

LOCAL RULE 14 | COURT’S QUARTERLY TRIAL DOCKET

Although cases may be set for trial on the Court's Quarterly Trial Docket, cases will not be given a trial date until substantial compliance with the Case Management Order or completion of substantial discovery has been completed. Transfers from other Divisions, ready for trial under a current Trial Order, do not require a Case Management Order if the case is ready for trial. Generally, the Court does not require court appearances for a calendar call, the judicial assistant will contact the parties on the eve of.

LOCAL RULE 15 | TRIAL EXHIBITS

In cases where exhibits will exceed (50) pages, the Court requires counsel for both sides to meet and confer prior to trial and go over non-disputed exhibits. All non-disputed exhibits shall be provided to the Court with cover pages identifying each exhibit. All undisputed exhibits shall be provided to the clerk of court on the first day of trial on a flash drive with each exhibit marked with a designated number for identifying purposes. Any disputed exhibits shall be addressed by the Court pre-trial or at trial as the Court may order.

LOCAL RULE 16 | TECHNOLOGY

Please see AOSC21-17, The Supreme Court (excluding jury selection and trial proceedings) allows for, to the maximum extent feasible, use of equipment for the remote conduct of proceedings to facilitate the efficient and expeditious processing of cases. Therefore, the court, while agreeing to conduct the evidentiary hearing in person, will allow for witnesses to appear remotely, if needed.

AOSC21-17 states that remote jury selection and trial proceedings (witnesses, etc) may be remotely conducted if all parties consent to participating in the remote proceeding. The court will allow for remote proceedings in trial as long as the parties consent.

Further, the court requires that each party is responsible for their own technology. The parties may use the court's zoom link if they wish but they shall each be responsible for setting up the remote conference so that direct and cross examination can be effectuated. The court has conducted multiple bench trials with some remote witnesses and a jury trials wherein the parties agreed to some remote witnesses and it worked very smoothly. (Please make sure that the witness has the appropriate internet connection as well).

LOCAL RULE 17 | CASE WISHING TO USE ZOOM (REMOTE TECHNOLOGY) IN TRIAL

LOCAL RULE 18 | ELECTRONIC EQUIPMENT IN THE COURTROOM

LOCAL RULE 19 | HOW TO UPLOAD A VIDEO TO CMS

LOCAL RULE 20 | TRIAL EVIDENCE

LOCAL RULE 21 | CLERK OF COURT

LOCAL RULE 22 | CMS

LOCAL RULE 23 | REMOVAL OF SERVICING PARTIES FROM THE STATE PORTAL

LOCAL RULE 24 | E-FILING PORTAL

LOCAL RULE 25 | SELF-REPRESENTED (PRO SE) PARTIES

If you represent yourself, any requests you are making of the Judge needs to be in EMAIL. The Judicial Assistant is not a lawyer and handles scheduling only, therefore, do not call and ask for advice on what to file or how to prepare anything. On some matters, you may be able to go to the Clerk of Court’s office on the fourth floor and they can help you with their forms.

LOCAL RULE 26 | PRO SE REGISTRATION FORM

LOCAL RULE 27 | ADD ON TO AN EXISTING HEARING

Parties cannot add-on to an existing UMC or Special Set hearing unless AGREED to by all parties. Add-ons will only be heard within the allotted time, both sides get equal time. No more than two motions may be noticed for a case on UMC. If the parties agree to have the motion added, file an Amended Notice of Hearing and notify the judge at the hearing that another motion is added to the hearing.

LOCAL RULE 28 | COMMUNICATIONS WITH CHAMBERS

Please do not ask Judicial Assistant questions on how to proceed with the case, she is not allowed to give any legal advice, and she will not reply to your email or return your call to provide you information/procedures that are listed in the Procedures for Division 26. Therefore, review the procedures carefully before emailing the Judicial Assistant.

LOCAL RULE 29 | MOTIONS

MOTIONS FOR SUMMARY JUDGMENT MUST be scheduled for hearing and heard prior to CALENDAR CALL, VII(d)(1).

MOTIONS IN LIMINE MUST be filed and served no later than thirty (30) days prior to CALENDAR CALL and MUST be scheduled for hearing before CALENDAR CALL, see Uniform Trial Order, VII (c).

EXPERT CHALLENGES (DAUBERT) MUST be filed and served no later than forty- five (45) days before CALENDAR CALL and MUST be scheduled for hearing prior to CALENDAR CALL, VII (b) (3).

LOCAL RULE 30 | SETTLED AT MEDIATION, STIPULATION OF DISMISSAL, AN EMAIL ADVISING THE COURT THAT THE CASE SETTLED

Parties are reminded that a STIPULATION OF DISMISSAL, MEDIATION REPORT, an EMAIL TO THE DIVISION, and other similar filings, DO NOT close the case. Therefore, a FINAL ORDER OF DISMISSAL, NOTICE OF VOLUNTARY DISMISSAL MUST be submitted through CMS for the Judge’s signature as soon as is practicable.

THE COURT:

will not cancel a Case Management Hearing or Calendar Call until the case is closed with the Clerk’s Office.

Another alternative is to send a copy of NOTICE OF SETTLEMENT TO DIV26:

If the parties agree, the Court may issue a FINAL ORDER AND DIRECTIONS TO THE CLERK TO CLOSE THE CASE stating that the case has been resolved and that “The Court retains jurisdiction to enforce any settlement entered into by the parties.”

That will close the case and the calendar call can be cancelled.

If the parties agree to this Order, send a Notice of Settlement to notify the division by email and this will cancel the scheduled hearing.

LOCAL RULE 31 | SUPPORTING DOCUMENTS

LOCAL RULE 32 | NOTICE OF CANCELLATIONS FOR UMC AND SPECIAL SET HEARINGS

When you file a Notice of Cancellation, the judge wants the notice to state the reason for the cancellation.

It is the responsibility of the NOTICING PARTY’S TO TIMELY CANCEL A HEARING through the Online Scheduling System and TIMELY NOTIFY THE COURT of a cancellation.

Filing a Notice of Cancellation, without also cancelling the Online Scheduling System, is insufficient; if you do not cancel the hearing online, that time will not be available online for others to schedule their hearings. The Court is not notified by the Clerk of Court! If a hearing is cancelled, please send an email to Div25@17th.FLCourts.org, with the copy of the Notice of Cancellation.

LOCAL RULE 33 | MOTION FOR SUMMARY JUDGMENT

SC20-1490 Opinion - Florida Supreme Court

Pursuant to the recently amended Florida Rule of Civil Procedure 1.510(a) - A party moving for Summary Judgment shall identify each claim or defense - or part of each claim or defense - on which summary judgment is sought.

The moving party shall file a statement of material facts at the time of filing a motion for summary judgment as a separate filing.

Rule 1.510(c)(1) - A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, ESI, affidavits, stipulations, admissions, interrogatory answers, or other materials; or

(B) Showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
Rule 1.510(c)(5) - The supporting materials must be served with the motion and with the response.

By way of example:
Movant’s Statement of Facts:
1. Green Acres is a vacant property located at 123 Main Street. (Exhibit 1)

2. John Smith owns Green Acres. (Exhibit 2)
Respondent is Opposing Statement of Material Facts:
1. Green Acres is a vacant property located at 123 Main Street. (Exhibit 1)
Admitted that Green Acres is located at 123 Main Street. (Exhibit Denied that the property is vacant. (Exhibit 5)
2. John Smith owns Green Acres. (Exhibit 2)
Denied as phrased. Admitted that the last recorded deed to Green Acres names John Smith. (Exhibit 2)
Rule 1.510(d) - requires an Affidavit or Declaration stating specific reasons when facts are unavailable to the no movant party.

Remember, Rule 1.510(b), requires the motion be served at least 40 days before the time fixed for the hearing, and Rule 1.510(5) requires the non movant to serve a response at least 20 days before the time fixed for the hearing.

LOCAL RULE 34 | SCHEDULING ORDER ATTORNEY FEES & COSTS AFTER ENTITLEMENT IS DETERMINED

If a Motion for Attorney Fees is pending before this Court. Counsel for the parties are hereby ordered to comply as follows:
1. The parties, through counsel, shall initially either agree, or resolve to disagree, on any and all entitlement issues arising out of the pending Motion for an Award of Attorney’s Fees/Costs. The Court will hear arguments and decide the movant’s entitlement to fees before scheduling a hearing to resolve any disputes as to the proper amount of any fees or costs.

2. Within ten (10) days of issuing the Order of Entitlement to Attorney Fees, the moving party shall provide opposing counsel with a copy of all invoices, time records, cancelled checks, records evidencing services rendered, the name, address and C.V. of their expert witness, and any other supporting documentation (which may be the entire file other than the records kept in the Court file and any transcripts) for the fees and costs requested.

3. Within fifteen (15) days of receiving the movant's disclosures, the non-moving party shall respond in writing to each line item of cost and fees. The Response shall agree to each item in whole or in part, or state the legal and factual basis for any objection of the whole or part in question, provide the name, address and C.V. of their expert, and cite any supporting legal authority. If there is an agreement as to the entitlement in part to a particular fee/cost item, but disagreement with the total amount requested, the nonmoving party shall state the amount believed to be reasonable.

4. Within fifteen (15) days of receipt of the agreements, objections and disclosures, the moving party shall reply in writing to each objection, either agreeing with the objection, or if not, citing any contrary legal authority.

5. The attorneys for all interested parties shall meet and review the disputed items, reduce any stipulations to writing, and provide the Court with an Agreed Order. Thereafter, the experts may be deposed.

6. The parties and counsel are directed to exercise good faith in complying with the terms of this Order. The Court will first consider Motions to Compel Compliance with this Order, and if necessary may then consider Motions for Sanctions with regard to unreasonable delays, requests for fees and/or costs, any untenable objections thereto, or any other failure to follow any Order Compelling Compliance.

7. Upon request by either party or the Court, this matter may be referred to mediation.

8. The hearing to determine the amount of fees/costs to award shall not take place until all counsel file a certification with the Court that all discovery in connection with all fee/cost issues, has been completed. Any lack of cooperation regarding certification or discovery shall be brought to the Court's attention as soon as possible by way of Motion to Compel Compliance with the Scheduling Order.

LOCAL RULE 35 | EX-PARTE COMMUNICATIONS

Please do not ask this Court’s Judicial Assistant or other court personnel to communicate any message to the Judge. This is prohibited ex-parte communication. The Court’s staff is not permitted to relay ex-parte information to the Judge.

LOCAL RULE 36 | MOTIONS TO WITHDRAW

Unless a New Lawyer is substituting as attorney, a Motion to Withdraw must be set for a hearing on UMC, with notice to all parties. If the motion is GRANTED, the attorney withdrawing must upload a Proposed Order and the Proposed Order must include a paragraph that says:
ALL FUTURE CORRESPONDENCE FOR [PARTY] SHALL BE MAILED TO: [NAME, ADDRESS, PHONE NUMBER AND E-MAIL ADDRESS OF FORMER CLIENT]. IT IS VERY IMPORTANT TO OBTAIN AN EMAIL ADDRESS OF FORMER CLIENT.
If the client is not an individual, please include a statement that the entity must be represented by counsel who must file an appearance within 20 days from the date of this order or a default may be entered.

The client’s signature and consent is required in the motion.

LOCAL RULE 37 | MOTIONS FOR REHEARING/RECONSIDERATION

LOCAL RULE 38 | MOTION FOR CONTINUANCES

LOCAL RULE 39 | TRANSFER ORDER

If cases are filed and assigned to different civil divisions which concern the same issue or common issues, the cases can be transferred as follows:
(a) The plaintiff or defendant must submit a notice in each case indicating the parties and the case number of the similar case(s).

(b) The party seeking the transfer must file a motion and schedule a hearing in the division with the lowest/earliest case number.
Administrative Order No. 2017-35-Civ - Amended Administrative Order Establishing Procedures for Direct Filing or Reassignment of Circuit Civil Cases to a Complex Business or Complex Tort Division.

LOCAL RULE 40 | CONFIDENTIAL PAPERWORK FOR THE JUDGE TO REVIEW

LOCAL RULE 41 | IN CAMERA INSPECTION OF SUPPORTING DOCUMENTS

LOCAL RULE 42 | CONFIDENTIAL PLEADINGS

If you wish to file confidential pleadings, you must schedule a hearing on UMC, inform the Judge what documents need to be confidential, then the judge will issue an order notifying the clerk's office. Please follow the procedures below:
1. Check the Clerk’s system to be sure that the Judge’s order is filed.

2. Go to the Attorneys Portal and look under forms for “Notice of Confidential Information within Court Filing”.

3. When locating the Notice, list the documentation to be sealed, and write on the Notice “See Judge’s Order on file” and then file the Notice of Confidential with the documentation in the Clerk’s Office.

4. If you need assistance you can call 954-831-5795.

LOCAL RULE 43 | APPELLATE DIVISION

Phone calls to Judicial Assistants regarding the status of filed documents are inappropriate. It is for that reason that ALL parties are directed to review the Guidelines for Communications with the Appellate Division and to govern himself/herself accordingly. The Guidelines for Communications with the Appellate Division provides that parties shall not “call or email Judges, Judicial Assistants, or Staff Counsel.” Instead, the parties shall bring matters to the Court’s attention by filing an appropriate motion and following the procedures set forth in Administrative Order Number 2019-06-GEN.

LOCAL RULE 44 | PREQUALIFY JURORS

The parties do not have to be present if they are unable or do not wish to come to the Prequalification of Jurors, the Judge will be the only one who will ask the questions about the difficulties to serve as a jury during the number of days of the trial. This will ensure that on the day of jury selection, the group of jurors chosen will not have a problem serving for a number of days or more.

However, we need to have the questionnaires that the parties agreed to use one week prior to prequalification. The Judge will hand out the questionnaire for the returning juror to fill out, and the parties can get copies the next day if they send a carrier to get them.

LOCAL RULE 45 | 2023 TRIAL DOCKET SCHEDULE

FOR JURY TRIALS
Calendar Call: Thursdays @ 9:00 A.M.
VIA ZOOM

QUARTER CALENDAR CALL TRIAL WEEKS
1stDecember 08, 2022January 2, 2023 – March 17, 2023
2ndMarch 09, 2023March 20, 2023 – June 16, 2023
3rdJune 08, 2023June 16, 2023 – September 15, 2023
4thSeptember 07, 2023September 18, 2023 – December 8, 2023
Congratulations! You're now booked up on Broward County's Local Rules of Court (Division 26)!

You might need to reference them during your pursuit of justice.

For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).

As always, please get the justice you deserve.

Sincerely,



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