BREVARD COUNTY JUDGE
The Honorable David E. Silverman
ELECTRONIC SUBMISSION OF PROPOSED ORDERS
Division: 4 - Civil
Judicial Assistant: Alexis Leclerc
Office: (321) 617-7284 | Email
Located at the Moore Justice Center Viera, Brevard
COUNTY JUDGE DAVID E. SILVERMAN'S
ELECTRONIC SUBMISSION OF PROPOSED ORDERS
PROPOSED JUDGMENTS
Proposed judgments and orders in Small Claims and County Civil cases assigned to Division IV should be submitted through the Florida Courts E-Filing, unless doing so would constitute an undue burden on a self-represented litigant or impair a self-represented litigant's access to the court system. Instructions for submitting proposed orders and judgments through the E-Filing Portal may be found at the Florida Courts E-Filing Portal.
Proposed Orders and Judgments submitted through the Florida Courts E-Filing Portal should follow the guidelines outlined in the following document: Using DJMCA codes with ICMS. The inclusion of internal document designations is not contemplated by the applicable rules of court setting forth the caption requirements. Proposed Final Judgments and Proposed Orders should be submitted without internal document designations.
If submitting a proposed order or judgment through the E-Filing Portal constitutes an undue burden on a self-represented litigant or impairs a self-represented litigant's access to the court system, a proposed order or judgment may be submitted by other means, upon confirming arrangements for the submission with the Court's Judicial Assistant, who may be contacted by email at Alexis.Leclerc@flcourts18.org. Failure to follow these filing guidelines may result in your filing being returned or placed in the Correction Queue.
Both Judge Silverman and the Judicial Assistant welcome any input you may have as to how this office may better accomplish this transition. Thank you for your cooperation and assistance.
In case involving a self-represented or pro se party who has not designated an email address, each Order or Judgment shall contain the following order distribution language above the date and above signature line:
It is hereby ORDERED and ADJUDGED that, within 5 days from the filing of this Order/Judgment, the Plaintiff shall:
- Furnish a copy of this Order/Judgment to each self-represented party by U.S. Mail, first class, postage paid; and,
- File a certificate signed by Plaintiff's counsel that delivery of a copy of this Order/Judgment has been made as set forth herein.
If the foregoing statement does not appear in its entirety, above the date and above the signature line - in a case involving a self-represented or pro se litigant, the Order or Judgment may be placed in the Correction Queue and not filed.
PROPOSED ORDER REQUIREMENTS
Each proposed order or judgment submitted through the E-Filing Portal must be accompanied by a cover letter. If you use this form Cover Letter, you should complete the fields in red and check the appropriate boxes in the form before submitting it.
- Each cover letter and proposed order or judgment must be submitted as a separate document.
- The filer should select himself/herself in the e-service list and serve all other listed recipients by checking the "Serve All" box.
- The preferred format for document submission is Microsoft Word format (.docx).
- Although the Portal currently accepts documents in Word and other PDF formats, filers are recommended to submit proposed orders and judgments in Word format to allow for electronic signature.
Proposed Orders and Judgments submitted through the Florida Courts E-Filing Portal should follow the guidelines set forth in the following document: Using DJMCA codes with ICMS.
The inclusion of internal document designations is not contemplated by the applicable rules of court setting forth the caption requirements. Proposed Final Judgments and Proposed Orders should be submitted without internal document designations.
In case involving a self-represented or pro se party who has not designated an email address, each Order or Judgment shall contain the following order distribution language above the date and above signature line:
It is hereby ORDERED and ADJUDGED that, within 5 days from the filing of this Order/Judgment, the Plaintiff shall:
-
- furnish a copy of this Order/Judgment to each self-represented party by U.S. Mail, first class, postage paid; and,
- file a certificate signed by Plaintiff's counsel that delivery of a copy of this Order/Judgment has been made as set forth herein.
If the foregoing statement does not appear - in its entirety, above the date and above signature line - in a case involving a self-represented or pro se litigant, the Order or Judgment may be placed in the Correction Queue and not filed.
DOCUMENT SUBMISSION IN CIVIL AND SMALL CLAIMS CASES
The Court limits the volume of paper documents it receives in civil and small claims cases by utilizing the following procedure.
Orders and Judgments. Counsel should submit proposed Orders and Judgments through the the Florida Courts E-Filing Portal. Please be advised that the Court may decline to enter any proposed Order or Judgment submitted in paper.
Filed Documents. If a document has been filed in the court file, the document may be viewed by the Court without a paper copy being furnished. Counsel should refrain from furnishing to the Court any duplicative paper copies of previously filed documents.
Folders and Paper Documents. Counsel should not furnish to the Court any folder containing exhibits or any other paper document, without leave of Court. Any folder or document being furnished to the Court should be emailed to the Court’s Judicial Assistant at Alexis.Leclerc@flcourts18.org. Counsel may schedule a hearing on any request to furnish to the Court a folder or paper document by following the guidelines on the Scheduling page of this website.
Document Formatting. Any folder or document containing three or more exhibits should be submitted in either Word or .pdf format. The document should contain a table of contents with page numbers linked to the corresponding exhibits. Instructions for linking the page numbers may be found at Insertion of Links and Bookmarks.
Folder Retrieval. Any folder furnished contrary to the foregoing instructions should be retrieved by counsel within 10 days of email notification from the Judicial Assistant. Failure to retrieve the folder timely may result in the folder being disposed without further notice.
FINAL JUDGMENTS OF EVICTION
After entry of a Clerk’s Default or a notice that the Clerk will not be issuing a Default, persons requesting entry of a Final Judgment of Eviction may submit the proposed Final Judgment of eviction via the Florida Courts E-Filing Portal.
Proposed Orders and Judgments submitted through the Florida Courts E-Filing Portal should follow the guidelines set forth in the following document: Using DJMCA codes with ICMS. The inclusion of internal document designations is not contemplated by the applicable rules of court setting forth the caption requirements. Proposed Final Judgments and Proposed Orders should be submitted without internal document designations.
The Court will review the submission to determine whether entry of the proposed judgment is appropriate. Nothing herein constitutes legal advice, and any and all litigants are encouraged to consult with and be represented by a qualified attorney licensed by The Florida Bar.
FINAL JUDGMENTS OF DISSOLUTION OF MARRIAGE
The Uncontested Dissolution of Marriage hearing may be scheduled in accordance with the procedure set forth on the Scheduling page.
Prior to the final hearing, please upload the proposed Final Judgment for Dissolution of Marriage via the E-Filing Portal.
Consistent with the Uniform Procedures for Brevard County Family Division, when submitting a proposed Final Judgment, parties must complete the checklist located within. If a party is seeking the restoration of a prior legal name, that party must appear before the Court, remotely, to present testimony in support thereof. Alternatively, a party seeking the restoration of a prior legal name may submit an affidavit setting forth the matters described in §68.07(3)(k) in lieu of appearing before the Court. If the proposed Final Judgment of Dissolution of Marriage is submitted via the e-portal, the Cover Letter SHALL contain the following:
- A copy of the Driver’s License
- Completed UDOM checklist
- If seeking to use the name change affidavit alternative, the name change affidavit.
SMALL CLAIMS - DEFAULT FINAL JUDGMENTS
With certain exceptions, the parties in a Small Claims case are required to attend a Pretrial Conference. Under certain circumstances, the Defendant's failure to attend may result in the Defendant being in default. In that event, the Plaintiff may submit a Small Claims Default Final Judgment, provided the conditions set forth in the judgment are satisfied. Any proposed order for the Defendant to complete a Fact Information Sheet, Florida Small Claims Rule 7.343, may be submitted via the E-Filing Portal.
2825 Judge Fran Jamieson Way
Viera, FL 32940-8006
(321) 617-7284
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