Divisional Instructions
NEW POLICIES AND PROCEDURES WILL BE IN EFFECT STARTING AUGUST 8, 2011
1. Short Motion Hearings and Opposed Motions to take Deposition
Any motions which will consume no more than five minutes of total hearing time may be set any Tuesday, Wednesday or Thursday at 8:15 a.m. after calling the Judicial Assistant. Opposing counsel should receive reasonable notice. Attorneys are encouraged to provide a “courtesy copy” of any written motions to the Court prior to the date set for hearing. All opposed motions to depose shall be in writing and shall specify the basis for good cause (Florida Rule 3.220(h)(1)(D), and Administrative Order 4.306). Short motions may be withdrawn by the movant without order of Court.
2. Long Motion Hearings
Matters expected to consume more than five minutes may only be set by contacting the Judicial Assistant. Upon receipt of a “courtesy copy” of the written motion and cover letter stating how much time movant and other counsel request for the motion hearing (or other pleading requiring the hearing time), the Court will review the document and assign a date and time for the matter to be heard. Generally, the Court will reserve no more than 1.5 hours for any motion. If any motion requires more than 1.5 hours, the Court will require the counsel to request more than one date and time. Once a hearing date and time has been assigned, the movant must send a notice of hearing to all counsel of record. Requests for continuance of motion hearings should be heard at least five business days prior to the actual motion hearing.
3. Final VOP Hearings
Final VOP hearings are scheduled once a month on Friday starting at 1:30 P.M. Final VOP hearings for 2011 are as follows: February 18, 2011; March 11, 2011; April 15, 2011; May 20, 2011; June 17, 2011; July 15, 2011; August 26, 2011; September 23, 2011; October 14, 2011; November 22, 2011; December 16, 2011.Parties are advised to have all their witnesses and evidence available at the hearing.
4. Motions to Recall Capias
The defendant’s presence is required.As is the case with all other “short motions,” a motion to recall capias may be set any Tuesday, Wednesday, or Thursday at 8:15 a.m. As is the case with all other “short motions,” the movant must provide reasonable notice to the opposing party (if recalling a VOP warrant, please send notice to Probation).
