L Divisional Instructions

All courtesy copies of Motions, Notices of Hearing, Memoranda of Law and Case Authority should be emailed to: cad-divisionl@pbcgov.org

Please make sure you email all proposed orders and judgments to all counsel and parties on all cases.

Motions and Petitions

All pretrial motions shall be in writing. Motions and Petitions can be set for hearing by contacting Judge Harper's Judicial Assistant, Yashica Morris at (561) 355-1958. Motions must be filed prior to scheduling hearing time. A courtesy copy of the written motion, notice of hearing and case authority should be emailed to the divisional email cad-divisionl@pbcgov.org five (5) days prior to the hearing.

Compliance with Local Rule 4

Prior to setting a matter on the motion calendar, the party or attorney noticing the motion shall attempt to resolve the matter and shall certify the good faith attempt to resolve.

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.

Motion for Continuance

Motions for continuance shall be in writing, and shall be filed at least five days prior to the trial date. 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.

Motions to Suppress/In Limine/To Exclude

  1. All pretrial motions to suppress, motions in limine requiring evidentiary hearing, and motions to exclude shall be filed and served upon opposing counsel at least ten (10) days prior to trial. See Powell v. State, 717 So.2d 1050 (Fla. 5th DCA 1998)
  2. Motions to suppress, motions in limine, and motions to exclude shall clearly set forth the evidence sought to be suppressed or excluded, the specific reasons for the suppression, and a general statement of facts in support of the motion. See Fla. R. Crim. P. 3.190(h).

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

  1. The defendant must be present at calendar call. Calendar calls are set on 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 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 Rule 3.172. If counsel wishes to address the Court on any issue regarding the plea (e.g., early termination of probation, length of stay 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.