TIPS ON DRAFTING COURT DOCUMENTS

1. TIPS ON DRAFTING COURT DOCUMENTS New Attorney Seminar February 26, 2014

2. OVERVIEW OF PRESENTATION • Documents generally • Notices of Hearings • Motions • Proposed Orders

3. DOCUMENTS GENERALLY

4. Header • In 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

5. Title • Include specifics – not simply “Motion” or “Order” • “Plaintiff, John Doe’s, Motion for Partial Summary Judgment” • “Order Denying Plaintiff, John Doe’s, Motion for Partial Summary Judgment”

6. NOTICES OF HEARING

7. Date, Time, Location • List 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

8. ADA Language • Florida 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 2.207 • Must include Spanish and Creole translations. • Language found at www.15thcircuit.com

9. Example 1

10. Example 2

11. Example 3 – Different Header/wrong local rule

12. Example 4 – certificate of compliance

13. Wrong ADA Language

14. Used correct ADA format

15. Re-Notice of Hearing

16. There is no “UMC Clerk”

17. MOTIONS

18. Title of Motion • Clearly set forth the party seeking relief • State relief that is being sought

19. Body of Motion • Should 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 Court

20. Certificate of Service • Include street address and email address in Certificate of Service. • Do NOT put “copies provided to all counsel of record”. Must list specific attorneys

21. Wherefore Clause • Set forth relief you want from court • Don’t ask for attorney’s fees unless there is a basis.

22. Signature Line • Florida 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: • Name • Address on file with The Florida Bar • Telephone number with area code • Primary 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 attorney’s knowledge, information and belief, there is good ground to support it and that it is not interposed for delay.

23. Example 1

24. Example 2

25. Example 3

26. This is really a memo of law

27. PROPOSED ORDERS

28. Title of Order • State whether the order was granted or denied • State the motion that is being ruled upon. • Order Granting Plaintiff, John Doe’s, Motion for Partial Summary Judgment. • Order Granting in Part and Denying in Part Defendant Susan Smith’s Motion to Compel Production of Documents.

29. Body of Order • May need to recite factual or procedural history • May need to recite findings of the court • May need to recite case law being relied upon

30. Ordered and Adjudged Clause • Set 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 defendant’s fees and costs in bringing this motion in the amount of $500.00.

31. Done and Ordered Clause • Done 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.

32. Signature Line • Page containing judge’s signature MUST have text of the order. • Signature cannot be on a page by itself. • List Judge’s Name and underneath County Court Judge or Circuit Judge. Should clearly identify Judge.

33. Service List • Must separately list the names of attorneys or pro se litigants receiving copy of order • Cannot list “Copies provided to all counsel of record”

34. Example 1

35. Example 2

36. Agreed Orders • Parties 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)

37. Agreed Order - “Done and Ordered” on page by itself

38. Questions???