FELONY DIVISION C PROCEDURES

CIRCUIT JUDGE CHRISTINE A. MARLEWSKI

Judicial Assistant: Paula Philips
6th Floor Courthouse Annex South Tower
Courtroom# 62;  Chambers Suite 615
Division E-Mail: FELONYDIVC@FLJUD13.ORG
 
ZOOM CONFERENCE ROOM
Meeting ID: 989 1719 4197
CLICK HERE: https://zoom.us/j/98917194197
 
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(+1) 786 635 1003 US (Miami/Tampa)

1. Hearings: Division C conducts hearings in-person.  Zoom will be available for hearings or appearances by victims or out-of-town individuals only if previously approved.
 

2. Arraignments: Division C will conduct arraignment dockets for Defendants in custody and out of custody every other Monday and Wednesday mornings at 9:00 a.m. At the arraignment, the Court will set the case for a Pretrial Conference and Jury Trial date in the future giving counsel ample time to conduct discovery on the matter unless good cause is provided for an interim status date. If the State has provided an offer that will expire, the Court may schedule a Status date prior to the expiration of the offer. If a Notice of Appearance has not been filed by private counsel, the Court will automatically appoint the Public Defender’s Office to represent the Defendant.
 

3. Bond Motions without Hearing:   
   1. The Court will consider a bond motion without evidence or hearing. A written Motion for Bond Reduction shall be filed with the Clerk of Court, and emailed to opposing counsel. Counsel for the Defendant shall obtain the State’s position on the Motion: if agreed, the parties may upload a Stipulated Order Granting the Motion, and the Court will consider the Motion and proposed Order. If the State objects, the Motion may be set for hearing by the Court Clerk. No more than 5 minutes will be allowed for these hearings unless good cause is shown.
    
   
   2. At the time the bond motion is filed, counsel shall also file a written “Waiver of the Defendant’s Presence”.  The Waiver of Physical Presence form can be found on the Thirteenth Judicial Circuit Website under the “forms link”. After clicking on “forms” from the website, please select Circuit-Criminal Justice and Trial. After clicking on this link, the required form can be found.
    
   
4. Changes of Plea: The Court regularly schedules changes of pleas, and will conduct them on its next available docket, if possible. Please email the Court Clerk, Tabitha Patrick at tabitha.patrick@hillsclerk.org to schedule pleas.   Out-of-custody defendants accepting a term of incarceration must appear in person for their plea. The forms must filed with the Clerk of Court, can be found on the Thirteenth Judicial Circuit Website under the “forms” link. After clicking on “forms” from the website, please select Circuit-Criminal Justice and Trial.
   1. Attorneys: Attorneys are required by the terms of those forms to discuss each of them line by line with the Defendant in a private, confidential setting that allows for meaningful question and answer discussions. Please note the plea form indicates that the Defendant has seen and agrees with the scoresheet as prepared by the State, so you must go over that document with the Defendant as well, and be prepared to answer questions regarding the same.
    
   
   2. Filing of Forms: Each form is then to be uploaded as a separate document via the E-Portal. Each individual case number requires each of these forms be filed separately (i.e. for 2 felony cases, you would have 6 separate forms uploaded.) VOP cases do not need the Felony Plea Form nor the DNA form, but DO require a waiver of physical appearance.
    
   
   3. Docketing the plea(s): After all forms have been signed and filed, contact Tabitha Patrick at the clerk’s office (tabitha.patrick@hillsclerk.com) and copy felonypleas@hillsclerk.com and the case(s) will be added onto on the next available Felony Plea Docke, and a clerk will email you with the date set.
    
   
   4. Do Not: File a notice of hearing.
      1. DO NOT contact the letter division judges or judicial assistants to add these cases onto the docket.
   5. For your convenience, the following forms MUST BE REVIEWED WITH THE DEFENDANT AND FILED PRIOR TO REQUESTING A CHANGE OF PLEA HEARING DATE:
      1. Plea form – felony bilingual
      2. Plea form DNA Addendum
      3. Waiver of Presence Addendum to Plea Form (Out-of-Custody Defendants)
      4. 13th Circuit Fingerprint Form
 

5. Motion Hearings 5 minutes or less without witness testimony for OUT OF CUSTODY DEFENDANTS:  
   1. All non-evidentiary motions that require 5 minutes or less of hearing time shall be heard on the Thursday morning Status docket or Wednesday morning arraignment docket. The Status dockets are in person. If an attorney would like a motion heard via Zoom, the attorney should email tabitha.patrick@hillsclerk.org with a copy of the Motion to be heard and specifically request the hearing via Zoom.  The Court will consider these requests on a case-by-case basis.
   2. These hearings do not include hearings that requires witness testimony. These hearings are restricted to legal argument only.
   3. All motions must be filed with the Clerk of Court prior to obtaining a hearing date from the Clerk of Court.
   4. COUNSEL MUST HAVE EXHAUSTED THE POSSIBILITY OF AN AGREED ORDER OR RULING ON THE PLEADINGS BEFORE REQUESTING HEARING TIME. When requesting a hearing, the email to Ms. Patrick shall represent “Counsel for [the moving party] has conferred with opposing counsel who objects to the relief requested.”
   5. If an interpreter is needed for the hearing, it is the moving party’s responsibility to ensure that an interpreter is present for the hearing.
   6. PLEASE NOTE: It is the responsibility of counsel for the Defendant to either file a written Waiver of the Defendant’s Presence (see #4 above to obtain a copy of this form) at the time the motion is filed, if the Defendant does not wish to appear at the hearing, OR procure a means for the Defendant to appear for the motion hearing. It is the responsibility of counsel for the Defendant to notify the Defendant when and how to appear at the hearing.
   7. The Division C “Zoom link” (https://zoom.us/j/98917194197) shall be contained in the Notice of Hearing prepared by the party requesting the hearing if the hearing is to be conducted via Zoom.
   8. Attending Hearings:  Parties shall attend hearings in person person unless a specific request has been made and approved to appear via Zoom. Please note the following information about Division C Zoom hearings:
      1. Zoom access link:  You may access the hearing through the following link:  Join URL: https://zoom.us/j/98917194197.
      2. Zoom meeting ID:  The Zoom meeting ID is 989 1719 4197. 
      3. Zoom Application:  You must download the Zoom application to your device from Zoom.us prior to attending the hearing.
      4. Exhibits:  Any Exhibits that may be introduced at hearings must be sent to the Division email and Clerk (felonydivc@fljud13.org and tabitha.patrick@hillsclerk.org) and provided to opposing counsel no less than 48 hours prior to the scheduled hearing.
      5. Public access:  Please note all court hearings are open to the public and may be observed by anyone. However, all persons will be muted except for the parties involved in the hearing being held.
 

6. Motion Hearings 10 minutes or more in length or other evidentiary motions with witnesses:
   1. All motions requiring more than 10 minutes will be scheduled by the Division C Judicial Assistant by emailing felonydivc@fljud13.org. Please do not email Division C’s Clerk to schedule a long hearing.
   2. All motion hearings requiring witness testimony, or that will be greater than 10 minutes in length, shall be heard in person (unless specifically requested) and will be scheduled on Mondays, Tuesday afternoons, Wednesday afternoons, Thursday afternoons, or Fridays.
   3. The motion must be filed with the Clerk of Court prior to emailing the Judicial Assistant for a hearing date. You must include a copy of the motion, the case number, and case name in the email sent to the Judicial Assistant when requesting a hearing date. You must also include the length of time requested for the hearing, as well as whether the case has an upcoming pretrial date before which the motion must be scheduled. The email address for the Judicial Assistant is felonydivc@fljud13.org.
   4. The Judicial Assistant will thereafter provide available hearings date(s) and counsel shall confer before choosing the hearing date.  Once a hearing date has been agreed upon by the parties, counsel requesting the hearing shall advise the Judicial Assistant via the felonydivc@fljud13.org email address of the hearing date selected by the parties.
   5. The party requesting the hearing shall file a “Notice of Hearing” with the Clerk of Court, sending a copy to opposing counsel as well as emailing a copy of the Notice of Hearing to the Judicial Assistant at felonydivc@fljud13.org. If the hearing is evidentiary, the Notice of Hearing should specifically state the hearing is evidentiary. The Notice of Hearing shall also indicate whether the hearing will take place in-person or remote via Zoom.  If the hearing is to occur via Zoom, the Notice of Hearing shall include the Division C Zoom link.
   6. If either party has case or other authority they want the Court to consider that is not cited in the motion or response, that law must be sent to the Court no less than 3 business days prior to the hearing. Otherwise, the motion will need to be rescheduled to give the Court an opportunity to review the authority.
   7. Exhibits: Counsel shall confer concerning exhibits to be introduced at any hearing and attempt to agree to their admissibility. If either party would like the Court to review any evidence prior to the hearing (videos, jail calls, transcripts, etc.), they must be provided to the Court at least 48 hours prior to the hearing.
   8. PLEASE NOTE: It is the responsibility of counsel for the defendant to either file a written Waiver of the Defendant’s Presence at the time the motion is filed, if the Defendant does not wish to appear at the hearing, or procure a means for the Defendant to appear at the hearing. Defendants shall appear for any substantive motion including motions to suppress or motions to dismiss.
   9. Attending Hearings via Zoom:  For all hearings taking place via Zoom, please note the following:
      1. Zoom access link:  You may access the hearing through the following link:  Join URL: https://zoom.us/j/98917194197
      2. Zoom meeting ID:  The Zoom meeting ID is 989 1719 4197. 
      3. Zoom Application:  You must download the Zoom application to your device from Zoom.us prior to attending the hearing.
      4. Witnesses: Witnesses will be sworn in via Zoom without the requirement that a notary be present. Witnesses must have a photo ID to show to the Court prior to being sworn.
      5. Public access:  Please note all court hearings are open to the public and may be observed by anyone. However, all persons will be muted except for the parties involved in the hearing being held.
 

7. Competency Motions: All motions in which a party is requesting the Court to appoint a doctor for a Court Ordered Forensic Competency Evaluation shall be filed with the Clerk of Court copying the Division C Judicial Assistant via the felonydivc@fljud13.org email address.Once the motion has been received, the Judicial Assistant will advise counsel of the doctor to be appointed from the Court Appointed List as well as the return dates for the evaluation. Counsel requesting the evaluation shall then be responsible for uploading the Order to the Court’s work queue in the ePortal for signature.
 

8. Pretrial Intervention Cases (PTI):  
   1. All cases in which the State and Defense have agreed to a PTI resolution may now be accomplished WITHOUT THE NECESSITY OF A COURT HEARING.
   2. If the State and Defense have reached an agreement for PTI, the Defense can file the signed PTI Address Verification Form (copied to the State).
   3. File the appropriate PTI Proposed Stipulated Order [In or Out of Custody] filled out entirely with special conditions and reporting date included.
   4. Submit the PTI Proposed Stipulated Order to the assigned judge via the ePortal when agreed.
   5. Provide the PTI reporting Instructions to the Defendant.
   6. There is no need to docket the case and request a hearing date. You should, however, send a courtesy email to the Judicial Assistant at felonydivc@fljud13.org with name/case number so they can look for the proposed order in the ePortal.
   7. For your convenience, below are all the forms that must be completed and filed in the Court file
      1. Out of Custody PTI Stipulated Order
      2. In Custody PTI Stipulated Order with ROR
      3. PTI Address Verification Instructions
      4. PTI Reporting Instructions
 

9. Timing of Motions:  All motions (other than Motions in Limine) shall be filed and heard prior to the Pre-trial Conference. All motions not heard prior to the Pre-Trial Conference shall be deemed waived and shall not be grounds for a continuance. However, all Motions in Limine must be filed prior to the pre-trial conference.
 

10. Terminations or Modifications of Community Control or Probation: : 
    1. Represented Defendants. Represented Defendants filing agreed motions to terminate probation may upload to the e-Portal a proposed order indicating in the body that "Counsel for the Defendant has conferred with the State and the Probation Office and neither party has an objection to the relief requested." Either as an attachment to the Motion or in the space designated for cover letters, please upload the email or other document indicating the Probation Officer's and State’s agreement. If all parties do not agree, counsel for Defendant shall email a copy of the Motion to the Division at FelonyDivC@fljud13.org requesting a hearing time indicating that either that either the State or Probation objects to the relief and, if available, please attach the responses from the State and Department of Corrections. If more than 10 minutes is needed for a hearing, please include that information in the email.
    2. Pro se Defendants. For pro se, or unrepresented, defendants, once your Motion is filed with the Clerk’s Office, please email a copy of your Motion to Terminate or Modify Probation or Community Control to FelonyDivC@fljud13.org so that we may verify with the Department of Corrections and Division C's probation representative that the Defendant's probation officer does not object to termination of probation and that all monetary and other obligations have been met. You may attach an email or cover letter to the Motion or to the email to the Division should you already have the response from your probation officer. The Court will rule on the Motion once it has received a response from the Department of Corrections as well as the State.
 

11. Trials: 
    1. Jury Selection and Trial Subpoenas: Division C will conduct jury selection on Tuesdays. For all first degree and higher felony cases, please ensure your trial subpoenas are for the two-week period beginning the Monday prior to jury selection and ending at the end of the following week. For all cases regardless of degree, please ensure your trial subpoenas are for the period beginning the Monday prior to Division C’s jury pick day and ending the following Monday. Beginning August 2022, Division C will conduct jury selection on Tuesdays.
    2. Jury instructions: The State shall send proposed jury instructions to the Division email no later than Friday at 12:00 p.m. if your jury pick will be Monday, or Monday by 12:00 p.m. if your jury pick will be Tuesday. Unless specifically discussed at pretrial, jury selection in Division C is set to occur every other Tuesday morning beginning at 8:00 a.m. The parties shall attempt to agree on the jury instructions and specifically indicate those that have not been agreed to at the beginning of the page of the non-agreed to jury instruction. The defense may submit any specially-requested jury instructions that have not been agreed to by the State at the same times required for the State to provide jury instructions. If you have not resolved your case by the time of the pre-trial conference, you should anticipate going to trial.
    3. Witness Lists:  At the same time jury instructions are submitted, counsel for the State and the Defendant shall furnish each other, and the Court and clerk, and file via e-portal, a list of the names and addresses of all witnesses who are expected to testify at the trial of this cause (preferably, in the numerical order in which they are to be called.) 
    4. Exhibits:  Exhibits shall be pre-marked sequentially and each page of an exhibit bates numbered. The parties shall attempt to agree to as many exhibits as possible prior to the start of trial. At or before jury selection, counsel for the State and counsel for the Defendant shall furnish each other, and the Court and clerk (felonydivc@fljud13.org and tabitha.patrick@hillsclerk.org)and file via e-portal, an Exhibit List with exhibits numbered that correspond to all exhibits that have and are to be marked and introduced into trial.
    5. EXHIBIT/EVIDENCE VIEW:  Prior to jury selection, counsel for the State and for the Defendant are directed to meet together by agreement, to review all evidence to be introduced into trial (and as contained on the Exhibit List(s).) Prior to opening statements each counsel shall confer with each witness to review all exhibits planned to be referred to during testimony of that witness to ensure identification/authentication of the evidence is done prior to the witness being called before the jury.
 

12. Violation of Probation Hearings:  The Court will set VOP hearings on its trial dockets unless specifically discussed by the Court when it schedules VOPs and trials. All witnesses should be properly subpoenaed for the entire trial period and the Court will hold these hearings during its trial week on dates determined by all of the cases that remain pending for trial or VOP hearings
 

13. Pro Se Litigants:  If you are representing yourself and need assistance in appearing at a videoconferencing hearing or have questions concerning any of the procedures outlined above, you may contact the Judicial Assistant at felonydivc@fljud13.org.