Requesting a Hearing Date: Unless otherwise approved by the Court or waived by opposing counsel, all pretrial motions (including but not limited to motions to suppress, motions to dismiss, motions in limine requiring evidentiary hearings, and motions to exclude) should be in writing and should be filed before requesting a hearing date.
Filing: Unless otherwise approved by the Court or waived by opposing Counsel, all pretrial motions should be filed and served upon opposing counsel at least Fourteen (14) days prior to the hearing date.
Scheduling Prior to Pretrial Conference: Unless otherwise approved by the Court, all motions must be scheduled for hearing prior to the Pretrial Conference.
Motion Exhibits – Review by Counsel: Prior to a Motion hearing, Counsel for the State and Defense are directed to meet to review all Exhibits to be introduced during said hearing. No hearing should be delayed or continued because the Parties failed to disclose and review Exhibits.
Motion Exhibits – Review With Witnesses: Prior to a Motion hearing, Counsel shall confer with their witness(es) and review all Exhibits planned to be referred to during the testimony of that witness to ensure identification/authentication of evidence is completed prior to the witness being called. No hearing should be delayed or continued because an attorney failed to confer with a witness about Exhibits.
Failing to Set a Motion for Hearing: Simply filing a motion or objection will not typically result in an Order being issued by the Court. Most motions will require that a hearing be scheduled with notice to the opposing party.
Discovery Motions: All motions pertaining to discovery disputes shall contain a certification 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. Lack of diligence in pursuing remedies for discovery disputes may be considered in determining whether to grant a continuance or to which party a continuance should be charged.
Motions in Limine: A Motion in Limine is intended to prevent the introduction of improper evidence at trial and is typically based on the Florida Rules of Evidence. A Motion in Limine may not serve as an alternative to an unfiled motion to dismiss or motion to suppress. All Motions in Limine should be in writing and should be filed no later than noon (12:00 pm) on the Friday before the week of the jury trial. All Motions in Limine shall contain a certification 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. Note that even if a Motion in Limine is granted, “[t]rials are fluid proceedings where evidentiary rulings are subject to change depending on the state of the evidence presented at the time the Court is asked to rule. Persaud v. State, 755 So.2d 150, 154 (Fla. 4th DCA 2000). For example, if a Party “opens the door” to earlier excluded evidence, the Court has a duty to reconsider its previous evidentiary ruling upon motion by the other Party. See E.g., Peterson v. State, 94 So.3d 514, 534 (Fla. 2012); Redd v. State, 49 So.3d 329, 333 (Fla. 1st DCA 2010); Austin v. State, 48 So. 3d 1025, 1027 (Fla. 2d DCA 2010).
Competency Motions: All motions in which a Party is requesting the Court to appoint a doctor for a Court Ordered Forensic Competency Evaluation must be filed with the Clerk of Court. Once the motion has been filed, the Judicial Assistant should be emailed to obtain a Court date. If the Court decides an evaluation is appropriate, the Judge will appoint a doctor(s) from the Court Appointed list of Psychiatrists/Psychologists, and determine a return date for the evaluation. The Party requesting the evaluation shall be responsible for uploading the Order to the Court’s work queue in the E-Portal for signature.
Motion for Discharge, Motion for Speedy Trial, and Notice of Expiration of Time for Speedy Trial: Such Motions are the only motions or notices accepted by the Clerk which do not require a Notice of Hearing. Upon receipt, the Clerk will immediately contact the Judicial Assistant for a hearing and will then notify all necessary Parties.
Motion to Withdraw Capias: Unless otherwise Ordered by the Court, all motions to withdraw a capias shall be in-person and the Defendant’s presence is required. If the State and Defense are in agreement as to a Motion to Withdraw Capias, the motion should be verified (sworn to) by the filing Party and should specifically identify the person(s) who agreed, whereupon an “Agreed Upon” Order may be submitted for the Court’s consideration, without a hearing.
Motions to Continue: Any motion to continue will be governed by Florida Rule of Criminal Procedure 3.190(f), and must state the grounds for the continuance, must state whether any prior motions to continue have been filed, must be in writing, and must be set and heard prior to the date that is the subject of the request to continue (E.g., the trial date). A motion to continue will be granted only upon a finding of good cause by the Court. Agreed upon continuances of Pretrial or Trial may not be granted by the Court. Motions to continue cases involving in-custody Defendants must be filed at least Forty-Eight (48) hours prior to the Court date in order to cancel their jail transport. Otherwise, Defense Counsel must appear in Court.
Canceling Motion Hearings: The Party who set the motion for hearing should email the Judicial Assistant as soon as possible explaining that the hearing is to be cancelled, copying opposing Counsel.