C Divisional News

Changes to Motion Hearing Procedures. See Par. 2. Below

Jury Trials for 11/19/2024:

(listed in order of priority and subject to change)

Judge August Bonavita presides over County Criminal Division C in Courtroom Room 4D, Judge Daniel T. K. Hurley Courthouse, 205 North Dixie Hwy., West Palm Beach, Florida, 33401. Division C email: CAD-DivisionC@pbcgov.org

1. GENERAL GUIDELINES FOR ALL MOTIONS:
   • Compliance with Local Rule 4 and A.O. 4.101-2/21. 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.
   • Pursuant to A.O. 4.101-2/21, once a date and time are provided, the moving party shall immediately file a Notice of Hearing with copies served on all parties along with a courtesy copy to the Court. Contact the Judicial Assistant, Carey Helmes, at (561) 355-2330 or by e-mailing at CAD-DivisionC@pbcgov.org. for an available date and time. Thank you for your cooperation.
   • Kindly follow all rules of procedure and A.O. 4.101-2/21 (i.e. proper filing and serving copies on opposing parties) when submitting a Motion and proposed Order to the Court for review and consideration. Additionally, a courtesy copy of all motions and proposed Orders must be emailed to Chambers.
   • The Divisional email should only be used to communicate with the Court, including providing the Court with courtesy copies of Motions, Notices of Hearing and proposed Orders that are filed with the Clerk as well as to schedule hearings with the Court through the Judicial Assistant.
   • PLEASE BE CONSIDERATE AND CANCEL ANY HEARING THAT IS NO LONGER NEEDED OR RESOLVED PRIOR TO THE HEARING DATE SO THAT OTHERS MAY SCHEDULE THEIR MOTIONS

Please Note: Absent an extraordinary circumstance, motions and/or requests for Court orders that are made by email and not by written motion as outlined above will not be considered by the Court.

1. SHORT NON-EVIDENTIARY HEARINGS (NOT EXCEEDING FIVE (5) MINUTES): Hearings may be set on the Court's docket without the Court's permission on every available Monday, Thursday and Friday at 8:30 a.m. (Pro Se/PD) and 9:30 a.m. (Private Counsel/ORCC). File the Motion along with a Notice of Hearing with the Clerk along with a courtesy copy to the Division's CAD email.
2. ALL OTHER MOTIONS: (e.g. Motions to Suppress, Motions in Limine, Restitution Hearings, and other Evidentiary Hearings). All motions requiring more than five (5) minutes are generally heard on Monday, Thursday and Friday mornings at 10:00 a.m. and Monday and Friday afternoons beginning at 1:30 PM. All hearings that are requested on these must be scheduled with the Judicial Assistant. Please include on the Notice of Hearing the total amount of time reserved for the Motion Hearing
3. MOTIONS TO (1) MODIFY PRETRIAL RELEASE, (2) REVOKE BOND & (3) MOTIONS TO WITHDRAW CAPIAS/WARRANT: Motions to (1) Modify Pretrial Release, (2) Revoke Bond and (3) Withdraw Capias/Warrant generally require a hearing regardless of whether agreed.  Hearings on these motions are generally held at 10:00 a.m. and must be scheduled with the Judicial Assistant. The Defendant's presence is required unless expressly waived by the Court.
4. Motions filed on VOP cases will generally be heard on Monday and Friday mornings.

Case Dispositions & Arraignments

Case dispositions and Arraignments are set by the Clerk on Mondays at 8:30 (Pro se and PD cases) and 9:30 a.m. (all others).

Jury/Non-Jury Trials

Tuesdays and Wednesdays are specifically reserved for JURY TRIALS at 8:15 a.m.

Non-Jury Trials are specially set by the Court on Monday, Thursday and Friday afternoons beginning at 1:30 PM.

The Court will issue a Trial Order setting forth trial procedures and deadlines at the time the matter is scheduled for Jury Trial.

In-Custody Defendants

Per the Division's Standing Order, all in-custody Defendants require that an Order to Transport be submitted to CAD-DivisionC@pbcgov.org no later than 4 PM on the last business day preceding the scheduled hearing.

Plea Conferences

Mondays, Thursdays and Fridays at 8:30 a.m. (Pro se and PD cases) and 9:30 a.m. (all others), Wednesdays at 8:15 a.m. (all cases). Unless otherwise ordered by the Court, the DEFENDANT'S PRESENCE IS REQUIRED for all plea conferences.

Final Infraction Hearings

Mondays, Thursdays and Fridays at 1:30 p.m.

Violations of Probation/All Other Probation Hearings

Mondays and Fridays at 8:30 a.m. (Pro se and PD cases) and 9:30 a.m. (all others) for ALL non-evidentiary hearings. Mondays and Fridays at 1:30 p.m. for ALL evidentiary hearings

Suspension Dates and Court Holidays

For suspension dates and holidays, please refer to the Division C Suspension Calendar.

Remote (Zoom) Hearings

Please Take Notice - Div. C is Conducting Hearings In Person in Courtroom 4D. Requests for remote hearings will be handled in accordance with the following procedure:

All requests for a remote hearing must be made by written Motion filed with the Clerk and served on all opposing parties together with a courtesy copy sent to the Court no later than three (3) days before the scheduled hearing. The Motion must indicate (1) whether it's agreed to by all opposing parties; and (2) if speedy trial is being waived. Remote Hearings are generally held on Thursdays at 1:00 PM.

All parties must have a working audio & camera. Persons testifying must be prepared to display valid photo ID.

Please Note: Any request for a remote hearing made by any other means (ex. email, telephone, etc.) will NOT be considered by the Court.

Meeting Link: Zoom Meeting Link

Meeting ID: 824 2752 1203

Dial by your location:

• US Toll-free 877-853-5257
• US Toll-free 888-475-4499

Miscellaneous

• Division C does not participate in Telephonic Hearings.
• Long distance telephone calls will not be returned by the Court.
• All communications with the court must be in writing, filed with the Clerk and copied to all parties in the case. Be sure to include the case number, case name, and your telephone number, the reason for said correspondence or documents being sent and, if the case is scheduled for a hearing or trial, include the date and time. The Court does not respond to ex parte communications.
• Please remember that the Judicial Assistant is not an Attorney and cannot provide legal advice.