E Divisional Instructions

Motion Hearings (5 minutes or less)

Status Checks, Plea Conferences and any Motion hearings which are 5 minutes or less can be set on the Uniform Motion Calendar as follows:

  • Mondays/Fridays: Public Defender at 8:30 a.m. and Private Attorneys at 9:30 a.m.
  • Tuesdays/Wednesdays/Thursdays: Please contact the Judicial Assistant via email at CAD-DivisionE@pbcgov.org before setting anything on these days.

Please send to the Judge a courtesy copy of your motion along with the Notice of Hearing at the time the Notice of Hearing is filed and served on all proper parties. The original Motion and Notice of Hearing must be filed with the Clerk's Office in order to be put on the docket.

Special Set Motions (longer than 5 minutes)

Motions to Suppress, Motions in Limine, Bond Hearings, Restitution Hearings, Evidentiary Hearings and any hearing requiring longer than 5 minutes will need to be specially set by e-mailing the Judicial Assistant for a date and time at CAD-DivisionE@pbcgov.org. These hearings will be set on a Monday or Friday at 1:30 p.m. or later. All parties must have reasonable notice and the Judge must receive courtesy hard copies of the Notice of Hearing, Motion and any case law being relied upon at least 48 hours prior to the hearing date.

Boiler-plate motions including motions which fail to include a factual recitation or which simply provide "facts to be presented or argued at hearing" are not permitted and will be stricken as legally insufficient. Such motions will not satisfy this Court's requirement of a written motion.

Compliance with Local Rule 4

Prior to setting a Motion for Hearing, the party or attorney noticing the motion shall attempt to resolve the matter and shall, in the Notice of Hearing, certify that good faith attempts have been made to resolve the matter.

Agreed Motions

Although the Court encourages Agreed Orders, Motions to Withdraw Capias will not be automatically granted - they will require a hearing. The Defendant must be present at any hearing on a Motion to Withdraw Capias.

Agreed Motions and Agreed Orders are to be timely submitted to the Judge for review. Please submit a courtesy copy of the filed motion with an agreed order in Word to Cad-DivisionE@pbcgov.org. Opposing counsel must be copied in the email.

The Judge will not sign an Order without a hearing unless it has been agreed to by opposing counsel and it is so noted in the Motion when practical, and the agreement of counsel is also noted in the Agreed Order. If opposing counsel will not agree or you are unable to make contact with opposing counsel, you must set a hearing on the motion as outlined above.

Motion for Continuance

Motions for Continuance shall be in writing, and shall be filed at least five days prior to the Calendar Call. If a party has already been granted a prior continuance of the trial, any further motion for continuance must be set for a hearing and heard prior to the trial date. Any motion for continuance shall include a description of prior continuances of the case.

Discovery Motions

  1. Motions to Compel Discovery shall be in writing and shall certify that counsel has attempted in good faith to resolve the issues with opposing counsel but has been unable to do so. Said motion shall also describe what independent efforts counsel has made to obtain the discovery sought.
  2. Discovery Motions (motions to compel, motions to take deposition, etc.) shall be filed and served a reasonable time before hearing, to permit opposing counsel an opportunity to respond and to prepare for hearing.

Calendar Calls/Pretrial Conferences

  1. The Defendant must be present at Calendar Call, Pretrial Conferences, and Trial. Calendar calls and pretrial conferences are set for Fridays at 8:30 a.m.
  2. The Court's trial docket runs from Tuesday through Thursday every week. Counsel and parties should confer prior to calendar call regarding the trial date, length of trial, etc.

Pleas

Negotiated pleas should be conveyed to, and fully discussed by defense counsel with the defendant prior to announcing the plea to the Court. Such discussion should include the maximum and minimum penalties and the issues covered by Fla. R. Crim. P. 3.172. If counsel wishes to address the Court on any issue regarding the plea (e.g., early termination of probation, length of time to pay fine or costs), this should be done at the time the plea is first announced, not after the plea colloquy has been concluded.

Pre-Trial Motions

All pre-trial motions must be filed and heard at least 10 business days prior to pre-trial hearings.