The Honorable Mark Eissey
| Division: |
County Criminal "M"
| Room: |
Main Judicial Complex
205 N Dixie Highway
West Palm Beach, FL 33401
Divisional Instructions – County Criminal Division "M"
1. Case Disposition
First time Case Dispositions are conducted on Mondays at 8:15 a.m.
If Monday is a Holiday Case Dispositions will be set on a Tuesday at 8:15 a.m.
From Case Disposition a case can be scheduled for:
- Calendar call
- Status check
- Case Disposition re-set (Friday or Monday at 8:15 a.m.)
NOTE: Every attorney should have his/her calendar with them.
2. Calendar Call
Calendar Calls are set on Fridays at 8:15 a.m. at which time the defendant must be present. The docket runs the five days following the calendar call. Monday through the following Friday.
3. Jury Trials
All Jury Trials will be set by the Court on Tuesdays, Wednesdays and Thursdays following Calendar Call. Calendar Call is for a two week jury trial docket.
Continuances are not allowed at the time of trial.
Non Jury Trials
All Non Jury Trials are special set by the Court on Monday afternoon.
4. Final VOP Hearings
All Final Hearings on VOPs are set by the Court on Monday afternoon.
5. Long Motion Hearings
Matters expected to consume more than five minutes may be set by contacting Division "M" Judicial Assistant, Donna M. Holden at (561) 355-7573. After obtaining a hearing time from the judicial assistant, the state and the judicial assistant must receive a courtesy copy of the written motion and Notice of Hearing (or other pleadings requiring the hearing time) as soon as possible. Original written notice and motion must be filed with the clerk of court. Most long motion hearings take place on Monday afternoon.
6. Motions in Limine & Motions to Suppress
These motions must be submitted with a cover letter indicating when the case is currently set for calendar call and how long the motion will take. The motion is to be filed in a timely fashion so that the State has two weeks notice once the hearing has been scheduled in order to send subpoenas. Please contact the JA for a specially set hearing time. At that time, the party requesting the hearing must file a Notice of Hearing with the Clerk's Office, with a courtesy copy to the State Attorney's Office and the Judge's Office. Motions to Suppress shall be heard no later than the Monday prior to Calendar Call.
We require courtesy copies of all motions and notices.
7. Uniform Motion Calendar
SHORT MOTIONS (5 MINUTES OR LESS) MAY BE SCHEDULED ON ANY MONDAY OR FRIDAY AT 8:15 A.M ONLY. All parties must give proper notice of the motion with a courtesy copy of the motion and notice to the opposing counsel and JA. Contact the Judicial Assistant for motions that require more than 5 minutes and for other Special Settings (561) 355-7573. Please do NOT schedule any motions on Tuesdays, Wednesdays or Thursdays, as these are reserved for TRIALS ONLY.
Courtesy Resets and Rollovers
If your case has been reset to a Tuesday, Wednesday, or Thursdays at 8:15 a.m., you must be on time (at 8:15 a.m.) as these days are reserved for trials.
Contacting our Office
You may visit the 15th Judicial Circuit Web Site at www.15thcircuit.com for suspension dates for County Criminal Division "M".
Please contact the Judicial Assistant to schedule motions that require more than 5 minutes and for other Special Settings at (561) 355-7573.
If you are unable to be present at a scheduled court hearing and require a continuance, you must contact Opposing Counsel and efile written notice of your request with the clerk. If there is opposition counsel requesting the continuance must set the matter for a hearing.
Agreed Motions for Continuance
All Agreed Motions for Continuance must be efiled with the Clerk of Court with an email copy of the Agreed Motion and Agreed Order to this office via CAD-Division M@pbcgov.org . The motion must include the ASA in agreement with the motion along with a waiver of speedy trial if not previously waived and reset date/time agreeable with counsels.
Defendant's Presence is required at all hearings. The defendant's presence may be waived by filing a Waiver of Appearance signed by the defendant. Defendant's presence may not be waived at calendar call.
In case of EMERGENCY Courthouse Closings
All cases, including TRIALS that are not heard because the Palm Beach County Courthouse is closed will be heard the next business day that the Courthouse is open.
last updated: 06/27/2017