X Divisional Instructions

Motion Hearings

No motion will be scheduled for hearing unless:

  • the motion has been filed; AND
  • the movant has included in either the motion or the notice of hearing a certification that a Good Faith Effort has been made to resolve and/or narrow the issues but has failed and is stated as such in the motion; AND
  • the moving party should consult with opposing counsel regarding the amount of time needed for the hearing prior to calling the Judicial Assistant for hearing time AND 
  • the moving party must consult with opposing counsel regarding convenient hearing dates after conferring with the Judicial Assistant about available dates; AND
  • a courtesy copy of the information MUST be provided to the JA/Judge upon filing a motion to suppress.
  • a courtesy copy of the PC MUST be provided to the JA/Judge upon filing a motion for bond reduction.
  • a courtesy copy of the motion, along with any supporting documentation, and notice of hearing MUST be provided to the JA/Judge upon filing a notice of hearing.  All hearing times must be secured by the Judicial Assistant. All documents must be provided together.
  • a courtesy copy of the "Plea sheet" MUST be provided to the JA/Judge upon filing a Motion for Early Termination.
  • a courtesy copy of the Petition, Affidavit, FDLE Certification, along with the blank order, MUST be provided to the JA/Judge upon filing a Petition to Expunge/Seal.

 

* Hearing time is not reserved until the JA has received the Notice of Hearing and Motion/supporting documentation.*

 

* All orders must include email addresses for all parties listed in copies furnished.*

 

When setting a motion or hearing:

  • all parties must be given proper notice; AND 
  • all applicable case law must be submitted to the judge at least (3) three business days prior to hearing AND
  • opposing counsel must be copied on all requests for hearing time.
  • written responses are required on all dispositive motions and evidentiary motions.
  • responses should be submitted 72 business hours prior to the hearing

Unless otherwise excused by the court, motions to suppress and motions in limine must be filed no less than (30) thirty days prior to trial with a hearing scheduled at least (2) two weeks prior to the trial date. Unless otherwise determined by the court, no motions will be heard on the day of trial.

 

Once a case is set for Jury Trial, the case will also be set for Pre-trial Conference. All motions must be filed and heard and all discovery must be completed prior to the Pre-trial Conference.

Emergencies

  • Emergency motions/hearings must be cleared through the Judicial Assistant.
  • Opposing counsel must be given a copy of the motion with all attachments.
  • The existence/need for an emergency hearing will be determined by the judge.

Motions to Continue

  • motions to continue trial, final violation of probation hearings, final status and special set hearings must be in writing and must be scheduled before the date of the matter that is sought to be continued.
  • motions to continue other hearings and court dates must be in writing identifying the reasons for continuance and the status of speedy trial.
  • an agreed order along with the motion may be presented in lieu of a hearing.
  • continuances of trial will not be granted after pre-trial conference unless extenuating circumstances arise.

Agreed Orders

  • Agreed orders, with the exception of orders continuing trials, final violation of probation and special set hearings, may be submitted without hearing, provided an accompanying motion identifies the relief requested and agreed to, the reason for said requested continuance and whether or not speedy trial was waited and when.
  • An agreed order to continue will not be executed unless that accompanying motion to continue contains a certification by defense counsel that the defendant's right to a speedy trial has been waived.

Morning Docket

  • Court starts promptly at 8:30 a.m. 6/6/16 through 8/15/16 court will start promptly at 9:00 a.m.
  • When a hearing is set at 8:29 a.m., please be prompt as the court will address all 8:29 a.m. matters first and promptly at 8:29 a.m.

 

All Waivers of Speedy Trial must be in writing

Email

  • Courtesy copies of motions and filings may be submitted via email to the divisional email address: cad-divisionx@pbcgov.org 
  • Requests for hearings may also be emailed.
  • The Defendant's name and case number must be included on the subject line.
  • E-filings must be followed up by an email with all documents provided together.

Telephonic Hearings

  • Must be agreed to by both parties and will be granted at the discretion of the Court.
  • If granted by the Court, contact information and arrangements must be made through the Judicial Assistant.