X Divisional Instructions

PLEASE BE ADVISED, the Judge does not monitor the CAD (Division) email inbox;

the Judicial Assistant does.

The CAD email address is for:

  • Obtaining available dates/times from the Judicial Assistant to coordinate a hearing
  • Supplying the Court with courtesy copies of documents that are 10 pages or less
  • Providing proof of agreement on all proposed Agreed Orders

Prior to contacting the Judicial Assistant, all Motions must be filed with the Clerk of Court. All emails should include in the case number in the subject line with the defendant's name, and the amount time both sides need for the matter to be heard. The Court will not accept any e-mail that is an ex-parte communication, so please always copy opposing counsel.


Courtesy Copies

The Court will accept motions, notices of hearings, and courtesy copies via email in PDF format that are 10 pages in length or less. Any documents over 10 pages in length must be submitted via mail. All emails must copy opposing counsel.

    Local Rule 4

    The Court expects strict compliance with Local Rule 4.

    Prior to setting a matter for hearing, the party or attorney noticing the motion/matter shall attempt to resolve the matter and shall certify the good faith attempt to resolve. All notices of hearing for matters scheduled for hearing shall set forth directly above the signature block, the below certifications without modification and shall designate with a check mark or other marking the specific certification which applies:

    Counsel has conferred with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised.


    Scheduling Hearings

    10 Minutes or Less

    All matters shall be set through the Judicial Assistant, Britt McCarthy, and NOT through the Clerk of Court. Please send an email to CAD-DivisionX@pbcgov.org. Before contacting the Judicial Assistant, the Motion must be filed with the Clerk of Court.

    • Upon filing a Motion for Bond/Bond Reduction, a courtesy copy of the PC MUST be provided.
    • Upon filing a Motion for Early Termination, a courtesy copy of the "Plea sheet" MUST be provided.
    • When filing a Petition to Expunge/Seal, a courtesy copy of the Petition, Affidavit, FDLE Certification, along with the blank order, MUST be provided. PLEASE contact opposing counsel BEFORE requesting a hearing date in order to determine if an Agreed Order can be entered, and forward the State's response and/or JAC's response to the Judicial Assistant.
    15 Minutes or More

    All matters shall be set through the Judicial Assistant, Britt McCarthy, and NOT through the Clerk of Court. Please send an email to CAD-DivisionX@pbcgov.org. Before contacting the Judicial Assistant, the Motion must be filed with the Clerk of Court.

    • Please email a copy of the Motion and length of time both sides are requesting for the hearing.
    • Once the Judge has reviewed the Motion, the Judicial Assistant will provide available times/dates.
    • The moving party shall coordinate those dates with opposing counsel.
    • Once a date is agreed upon, the moving party shall email the Judicial Assistant to set the date on the Court's docket.
     
    ALL APPLICABLE CASE LAW MUST BE SUBMITTED TO THE JUDGE AT LEAST 3 DAYS PRIOR TO HEARING.
    WRITTEN RESPONSES ARE REQUIRED IN ALL DISPOSTIVE MOTIONS AND EVIDENTIARY MOTIONS.

      Proposed Orders

      For matters not on the docket, proposed orders shall be submitted through Online Services (OLS). In compliance with the Florida Supreme Court's November 1, 2019 Administrative Order (AOSC 19-74), all orders shall be signed electronically by the court. Division X does not accept hard copies or emailed copies of Orders. Please submit your proposed orders, and all supporting documents, in Word format through the Online Services (OLS) system or the Florida e-filing portal.

      Agreed Orders

      Before submitting a proposed order, please confer with opposing counsel to determine whether and agreed order can be submitted. Agreed Orders may be submitted without hearing, except for those continuing final violation of probation and special set hearings. Proof of agreement must be submitted in conjunction as either: an attachment to the order in OLS or submitted via email to CAD-DivisionX@pbcgov.org.

      The accompanying motion must identify the relief requested, ot the reason for said requested continuance, and whether or not speedy trial was waived and when. An agreed order to continue will not be executed unless the accompanying motion to continue contains a certification by defense counsel that the defendant's right to a speedy trial has been waived. All agreed orders to continue shall contain grounds for the reason of request. If the agreement of the parties is not provided the proposed order will not be signed.

      WAIVERS OF SPEEDY TRIAL MUST BE IN WRITING.

      It is the responsibility of the proponent of the agreed order to provide written agreement at the time the proposed agreed order is submitted. The Judicial Assistant will not contact opposing counsel to confirm assent if agreement is not submitted contemporaneously with the proposed order.

      If opposing counsel will not enter into an Agreed Order and you require a hearing, please attach the motion, include the length of time, and be sure to copy ALL parties on the email and submit your request to the Judicial Assistant via CAD-DivisionX@pbcgov.org.


          Motions to Suppress and Motions in Limine

          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.

          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 all 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 calendar call unless extenuating circumstances arise. 


          Motion for Competency

          Please refer to Mental Health for Divisional procedures.


          Emergencies

          Requests or Motions for an Emergency Hearing are decided by the Judge. The Movant files a Motion for an Emergency Hearing with the Clerk of the Court. The Clerk will deliver the motion to the Judge's office and the Judge will then review the Motion and determine if it is a "true" emergency and if a hearing is warranted, as defined in Administrative Order 2.004, as follows:

          The term "emergency" encompasses the foregoing ex-parte applications and other matters of extreme urgency, i.e., matters of life and death or instances of irreparable harm".


          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.