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Procedures/Preference

Circuit Criminal Division C Procedures

 

            Pursuant to paragraph 13 or Thirteenth Judicial Circuit of Florida Administrative Order 2020-23, Division C shall implement the following temporary procedures:

 

  1. Time Period for Temporary Procedures.  These procedures are in effect immediately, and shall stay in until further notice.
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  3. Hearings Previously Scheduled. All trials scheduled before October 2020 have been or shall be rescheduled.  If you are unclear on the rescheduled date or time for any pretrial or trial, please email Hilda Lopez at felonydivc@fljud13.org
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  5. Arraignments.  Division C will conduct virtual arraignment dockets.  In private appearance cases, attorneys shall file Notices of Appearance and a written plea.  The court will then schedule the case for a disposition hearing, unless otherwise requested at Arraignment.  Where no private appearance has been entered, the court will enter a written order appointing the Office of the Public Defender to represent the defendant, and the case will be further scheduled at arraignment.
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  7. Bond Motions without HearingIf you would like the court to consider a bond motion without evidence or hearing, please email a copy of the motion to Hilda Lopez at  felonydivc@fljud13.org.  Please state in the email that you are requesting the court rule on the motion without hearing.  The court will then direct the State to respond to the motion in writing within 48 hours.  Shortly thereafter, the court will review the motion, the response, and the file.  The court will then rule on the motion and enter a written order.  If you would like a bond motion to be considered with hearing, please follow the procedures outlined in paragraph 6, below.
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  9. In-Custody Changes of Plea.  A negotiated change of plea for an incarcerated defendant is an “essential proceeding” under paragraph 13(A)(v) of Administrative Order 2020-23.  These proceedings are conducted in Video Courtroom 17.  In such cases, please email Hilda Lopez at felonydivc@fljud13.org for further information on how to add the case to the Video Courtroom 17 docket.
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  11. Disposition and Hearing Dockets.  Until further notice, all dispositions and hearings in Division C shall be held through Zoom.  Until further notice, and except by special permission, no dispositions or hearings shall be held in person. 
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    1. Adding hearings.  If you would like to add a hearing to the weekly motion docket, please observe the following procedures:
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      1. Please file and serve the motion before the close of business two days prior to when you would like the hearing to be held.  For example, if you would like a hearing to be held on Wednesday, August 19th, please file and serve the motion by the close of business on Monday, August 17th
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      3. Once the motion is filed and served, please email Hilda Lopez at felonydivc@fljud13.org and tell her what motion you are adding.  Please copy opposing counsel and Deputy Clerk Tabitha Hammond (at Tabitha.hammond@hillsclerk.com) on the email.  Please send the email by the close of business on the Monday immediately preceding the Wednesday hearing.
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      5. As indicated above, dockets shall close at 5:00 p.m. two days prior to the hearing docket in question. 

       

    3. Attending Zoom Hearings.  Please do not attempt to attend any Zoom hearing in person.  Please instruct parties and witnesses not to attempt to attend Zoom hearings in person.  Please note the following information about Zoom hearings:
      1. For State of Florida v. Robert E. Duboise, you may access the Zoom hearing through the following link:
         
        Join URL: https://zoom.us/j/98951827811
         
        The Meeting ID for State v. Duboise is 989-5182-7811.  No password is required.            
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      3. For the court’s weekly docket (for all cases other than State v. Duboise), you may access the Zoom hearings through the following link:
         
        Join URL:  https://zoom.us/j/98917194197
         
        The Meeting ID for the court’s weekly hearing docket is 989-1719-4197.  No password is required.            

         

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      5. You must download the Zoom application to your device from Zoom.us prior to attending the hearing. 
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      7. The hearing will be configured to allow early entrants, but the court will begin calling cases when the docket is scheduled to begin. 
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      9. All participants will be muted until their case is called.   
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      11. The hearings are open to the public and may be observed by anyone.

       

    4. Nature of hearings.  When a motion is added to the weekly docket, it will initially be set as a status hearing.  If there are no witnesses or evidence, and both parties agree to the hearing being immediately resolved on the merits, the court will immediately hear and rule on the motion, if possible.  If either party is not prepared for immediate resolution of the motion at the status hearing, or if consideration of the motion requires witnesses and evidence, the court will use the initial status hearing to manage the case and coordinate future hearings, if necessary.

     

  13. Agreed Orders.  If you confer with opposing counsel, and there is no opposition to the relief requested, please submit an agreed order through JAWS.  Please call the order “unopposed” or “stipulated” or “agreed,” or submit a short cover letter explaining that is the case, so that the court will know that a hearing is not necessary.
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  15. Questions.  If you have any questions relating to Division C temporary procedures, please email Hilda Lopez at felonydivc@fljud13.org.