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You are here: Judicial Directory > Paul T. Jeske > Procedures/Preferences

Procedures/Preferences

Untitled Document

STANDING PRETRIAL ORDER FOR CASES IN COUNTY CRIMINAL DIVISION A
            The court enters this Pretrial Order, which, consistent with all relevant rules of procedure and administrative orders, governs practice in this Division. In an effort to promote uniformity, consistency and professionalism within the division, the Court herby enters this Pretrial Order, which shall, govern the manner and methods by which attorneys shall practice in this Court. For good cause shown, this Court may modify or waive these procedures on an individual basis.

MOTION PROCEDURES:
            Any and all motions, including but not limited to Motions in Limine, Motions to Continue, Motions to take Depositions, Motions to Dismiss, Motions to Withdraw and Motions to Suppress, must be filed and heard prior to pretrial conference.

            All motions shall contain the facts and law which form the basis for the relief sought. All motions not filed and heard prior to the pretrial conference are hereby deemed waived and abandoned an thus will not be heard, absent a written order from this Court. Stipulated agreements regarding motion scheduling between the parties, without a written order from this Court are void and will not be considered. See Powell v. Baten, 717 So.Zd 1050 (Fla. 5th DCA 1998); Clark v. state, 2008 WL 2435756 (Fla. 4th DCA 2008).

            As a courtesy to the Court and your colleagues, a party should notify the Judicial Assistant as soon
as possible, by fax, or email that a hearing is to be cancelled.

            An emergency motion shall be filed as soon as possible and a copy provided to the court sufficiently in advance of the hearing to afford the Court adequate time to review the motion and/or any cases or statutes in support of the motion, prior to the hearing.

  1. Motions must be heard prior to the trial date in accordance with Section 7 of Administrative Order S-2016-036. Motions must be filed at least 5 days prior to the Pre Trial conference. Dates are available weekly to argue those motions and they will be heard on the motion dates, not on the trial dates. All motions filed to be heard on the non-jury or jury trial dates are hereby stricken, absent a written order from this Court. Without the Court's written order, there is no duty upon the State Attorney to subpoena witnesses for a Motion to Suppress the morning of a jury trial.
  2. No Motions Hearing that requires the opposing party to subpoena witnesses to said hearing shall be scheduled sooner than 14 days from the date the motion is filed and served.
  3. Surprise tactics such as handing a motion and accompanying case law to opposing counsel at the hearing are strongly discouraged by this Court. Similarly, other surprise tactics such as presenting case law not cited in the motion, filing ambiguous motions then handing case law to opposing counsel without giving opposing counsel an opportunity to review and research legal issues are likewise discouraged.
  4. No motion, other than a legitimate emergency motion will be set for a hearing unless the motion is electronically filed with the clerk and emailed to the Judicial Assistant prior to contacting the Judicial Assistant for a hearing date and time. We must receive a copy.


DISCOVERY MOTIONS AND MOTIONS IN LIMINE:

  1. All motions in limine and all motions pertaining to discovery disputes shall contain a statement by the moving party that a good faith attempt to resolve the matter without Court involvement has been made and shall describe the manner in which the attempt was made.
  2. Motions to compel discovery should be filed within 10 days after the date the discovery is due.
    Motions to compel more adequate responses to discovery should be filed within 10 days of receipt of the alleged incomplete discovery. Lack of diligence in pursuing remedies for discovery violations will be considered in determining whether to impose sanctions or what sanction is appropriate, including whether to grant a continuance or to which party a continuance should be charged.

CLIENT'S PRESENCE:

  1. The defendant is required to appear at all pretrial conference hearings, unless a written waiver has been previously filed with the Court. The written waiver must contain the defendant's signature. In certain circumstances the Court may require the appearance of a defendant at the pretrial conference regardless of whether a written waiver has been previously filed.
  2. Clients must be present at any and all Motion hearings, except Motions to Seal or Expunge.


TRIAL:
By agreeing at the pre-trial conference that a case is ready for jury trial, the parties represent to the court:

  1. The attorneys are fully prepared for trial.
  2. The witnesses expected to testify at the trial have been interviewed, if desired, and will be present.
  3. All discovery is complete and all pre-trial motions have been considered and resolved.
  4. The court expects all parties to be prepared and ready for trial on the morning of the trial date. Defendants should be present inside the courtroom when the docket is called and should not be waiting outside the courtroom.
  5. Motions to continue will not be considered unless there is a good cause.