TIPS ON DRAFTING COURT DOCUMENTS

TIPS ON DRAFTING COURT DOCUMENTSNew Attorney SeminarFebruary 26, 2014OVERVIEW OF PRESENTATIONDocuments generally

Notices of Hearings

Motions

Proposed Orders

DOCUMENTS GENERALLYHeaderIn the Circuit Court of the Fifteenth Judicial Circuit In and For Palm Beach County, Florida

In the County Court In and For Palm Beach County, Florida

Case Number

Division

TitleInclude specifics not simply Motion or Order

Plaintiff, John Does, Motion for Partial Summary Judgment

Order Denying Plaintiff, John Does, Motion for Partial Summary Judgment

NOTICES OF HEARING Date, Time, LocationList in the Notice of Hearing

Check to make sure Judge has not suspended calendar

Special Set Hearings check with division re: online scheduling

Make sure you have correct room number

ADA LanguageFlorida Rule of Judicial Administration 2.540

All summonses and notices of hearings shall include the approved ADA language in bold 14 point font (times new roman or courier font).

7 days advance notice is required.

Administrative Order 2.207Must include Spanish and Creole translations.

Language found at www.15thcircuit.com

Example 1

Example 2

Example 3 Different Header/wrong local rule

Example 4 certificate of compliance

Wrong ADA Language

Used correct ADA format

Re-Notice of Hearing

There is no UMC Clerk

MOTIONS Title of MotionClearly set forth the party seeking relief

State relief that is being sought

Body of MotionShould set forth statutes, rules, case law under which motion should be granted

Should set forth facts supporting the basis upon which the motion should be granted

Each point set forth in different numbered paragraph

Legal Argument should be in a Memorandum of Law which is NOT filed with the Clerk of CourtCertificate of ServiceInclude street address and email address in Certificate of Service.

Do NOT put copies provided to all counsel of record. Must list specific attorneys

Wherefore ClauseSet forth relief you want from court

Dont ask for attorneys fees unless there is a basis.Signature LineFlorida Rule of Judicial Administration 2.515

Every pleading and other document shall be signed by at least 1 attorney of record

Signature is to include:NameAddress on file with The Florida BarTelephone number with area codePrimary e-mail address and secondary e-mail addresses, if any

Constitutes a certificate that the attorney has read the pleading or document and that to the best of the attorneys knowledge, information and belief, there is good ground to support it and that it is not interposed for delay.

Example 1

Example 2

Example 3

This is really a memo of law

PROPOSED ORDERSTitle of OrderState whether the order was granted or denied

State the motion that is being ruled upon.

Order Granting Plaintiff, John Does, Motion for Partial Summary Judgment.

Order Granting in Part and Denying in Part Defendant Susan Smiths Motion to Compel Production of Documents.Body of OrderMay need to recite factual or procedural history

May need to recite findings of the court

May need to recite case law being relied uponOrdered and Adjudged ClauseSet forth what the court is ordering

It is hereby Ordered and Adjudged that the Plaintiff, John Jones Motion to Compel is hereby Granted.

It is further Ordered and Adjudged that the Defendant, Susan Smith, shall pay the defendants fees and costs in bringing this motion in the amount of $500.00.

Done and Ordered ClauseDone and Ordered this day of , 2013 in Chambers in West Palm Beach, Palm Beach County Florida.

Done and Ordered in Open Court in Delray Beach, Palm Beach County, Florida this day of , 2013.

Signature LinePage containing judges signature MUST have text of the order.

Signature cannot be on a page by itself.

List Judges Name and underneath County Court Judge or Circuit Judge. Should clearly identify Judge.

Service ListMust separately list the names of attorneys or pro se litigants receiving copy of order

Cannot list Copies provided to all counsel of recordExample 1

Example 2

Agreed OrdersParties agree and mail in order.

Order must have cover letter outlining case name, case number, if it is agreed, and self addressed stamped envelopes (if judge not using e-service)Agreed Order - Done and Ordered on page by itself

Questions???