X Divisional Instructions

Courtesy Copies

When submitting courtesy copies to the Judge, please forward via U.S. mail or courier (in hard copy) UNLESS your courtesy copy is 10 pages or less, in which case you can forward electronically to CAD-DivisionX@pbcgov.org  This has become necessary due to the large volume of submissions via email with multiple attachments.

Written responses, case law, etc. on special set hearings must be provided at least 3 days prior to the hearing.  Again, if more than 10 pages, please deliver in hard copy via U.S. mail, courier, etc.

Procedure for Scheduling Hearings 10 Minutes or Less:

  1. The motion must be filed with the Clerk before contacting the Judicial Assistant for scheduling.
  2. The party noticing the hearing shall certify on the Notice of Hearing that a good faith effort was made to resolve the matter prior to setting it for hearing.  This is pursuant to Local Rule 4.
  3. All matters set for hearing shall be set through the Judicial Assistant NOT through the Clerk of Court.  Send an email to CAD-DivisionX@pbcgov.org with the NAME OF THE DEFENDANT and CASE NUMBER in the subject line AFTER you have conferred with the State.  In the event the State will enter into an Agreed Order, simply forward same to the Judge for consideration.  If the State will not enter into an Agreed Order and you require a hearing, please attach the motion you are setting for hearing, include the length of time and be sure to copy ALL parties on the email.
  4. A courtesy copy of the information MUST be provided to the JA/Judge when requesting a hearing on a Motion to Suppress.  Again, be sure to include the amount of time you are requesting in your email.
  5. A courtesy copy of the PC MUST be provided to the JA/Judge upon filing a Motion for Bond/Bond Reduction.
  6. A courtesy copy of the "Plea sheet" MUST be provided to the JA/Judge upon filing a Motion for Early Termination.
  7. A courtesy copy of the Petition, Affidavit, FDLE Certification, along with the blank order, MUST be provided when filing a Petition to Expunge/Seal along with a copy of your Notice of Hearing.  PLEASE contact the State Attorney BEFORE requesting a hearing date in order to determine if an Agreed Order can be entered.

All orders must be submitted in WORD format and include email addresses for all parties listed in copies furnished.

ANY MOTION REQUIRING 15 MINUTES OR MORE:  Please forward a copy of the motion and length of time requested for hearing.  Once the Judge has reviewed the motion the Judicial Assistant will provide available 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.  Again, all motions must be filed with the Clerk of Court prior to contacting the Judicial Assistant for hearing times. 

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.

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.

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 calendar call unless extenuating circumstances arise.

Agreed Orders:

  • All proposed Orders must be sent in WORD format.
  • Agreed orders, with the exception of orders continuing 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 waived 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.

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 as long as it is 10 pages or less.
  • Requests for hearings may also be emailed.
  • The Defendant's name and case number must be included on the subject line.

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.