As a result of the success regarding the Tuesday & Thursday morning Ex Parte and Uncontested Calendar hearings conducted by Judge Grossman, Judge Seidlin has
adopted the procedure currently in use by Judge Grossman and will hear exparte
and uncontested matters on Tuesday and Thursday mornings in room 822 effective
on May 9, 2000.
This change will further work towards alleviating the backlog in the Probate division
and to decrease the time it takes for attorneys to receive orders on probate matters.
DIVISIONS AFFECTED:
Please note that this recent change in the ex parte procedure is for Judge Seidlin's
division (44). Judge Grossman's division (41 / 43) will continue to conduct Ex Parte and
Uncontested Calendar hearings on Tuesday and Thursday mornings. This change will not
affect the ex parte procedure currently used by Judge Speiser.
START DATE AND TIME:
As of May 9, 2000, Judge Seidlin's Tuesday and Thursday morning ex parte and
uncontested calendar will be held from 9:00 a.m. until 10:00 a.m..
MATTERS TO BE HEARD:
Any uncontested probate matter, with the exception of:
*Attorney's fees and costs
*Guardian's fees and costs
*Discharge of Estates
*Approval of Minor Settlements
*Appointments of Guardians unless the applicant has been investigated and
approved by the Court Monitor's Office
DEADLINE FOR FILING:
1. For Tuesday morning's calendar: Any pleadings, petitions, or motions
must be hand-delivered to the probate clerk's office, or faxed to the probate clerk by
11 a.m. on the Thursday immediately prior and must include a completed Ex Parte/
Uncontested Motion Calendar Request Form (see attached form).
2. For Thursday morning's calendar: Any pleadings, petitions, or motions
must be hand-delivered to the probate clerk's office, or faxed to the probate clerk by
11 a.m. on the Tuesday immediately prior and must include a completed
Ex Parte/Uncontested Motion Calendar Request Form (see attached form).
3. No new files can be opened by fax. Any attorney who wants to open a
new file will need to hand-deliver the appropriate pleadings and the appropriate filing fee
(method of payment will either be money order or office check) to the probate clerk's
office by 11 a.m. on the Thursday immediately prior for Tuesday's calendar, or on the
Tuesday immediately prior for Thursday's calendar.
4. If the pleadings have been faxed to the clerk, attorneys will need to bring
the originals with them to court on Tuesday or Thursday morning.
5. The fax number for the probate clerk is: (954) 831-6457.
NOTE: Any pleadings, petitions, or motions that have been delivered to the
probate clerk's office by U.S. Mail will NOT be considered for the Ex Parte and
Uncontested docket. Any pleadings, motions, or petitions that have been mailed
to the clerk will be clocked in as usual and will come up to the Judge for signature
during the normal course of business.
REQUEST FORM:
Attorneys will be required to complete the "Ex Parte/Uncontested Motion Calendar
Request Form" with any petitions or pleadings that have been faxed or hand-delivered to
the probate clerk's office. A copy of that form is attached to this memo.
ESTATE OPENINGS:
An attorney will be permitted to open a new estate during the ex parte/uncontested
motion calendar. However, when the Personal Representative of the estate is not a Florida
resident, a bond in the amount of the assets of the estate will be required. The attorney may
still appear before the Court on the ex parte/uncontested motion calendar to have the Court
sign the Order Admitting Will and setting the amount of the bond. Once the bond has been
obtained, the attorney should post the bond with the clerk and either appear on a subsequent
Tuesday or Thursday morning to have the Letters of Administration signed, or wait for the
clerk to send the Letters of Administration to the Judge for signature.
LOCATION:
Upon arriving at the courthouse on Tuesday or Thursday morning, attorneys should
proceed directly to Judge Seidlin's Chambers, Room 822. The files will be in chambers.
COPIES:
A clerk will certify copies in chambers. Attorneys will be limited to five (5) certified
copies, and should bring all necessary copies with them on Tuesday or Thursday morning.
Please bring an office check in the amount of $1.00 for each certified copy being requested.
CONTESTED MATTERS:
If the matter is contested, the attorneys will need to contact Judge Seidlin's
Judicial Assistant, JoAnn Gallo, at (954) 831-7815 to have the matter scheduled.
EMERGENCIES:
If the matter is a true emergency, and the attorney has missed the morning
cutoff times for either Tuesday or Thursday morning, the attorney may send a letter
to Judge Seidlin's office for approval to be placed on the ex parte and uncontested
docket.