The Honorable Elizabeth G. Rice

Circuit Criminal, Division I

Criminal Courthouse Annex401 North Jefferson Street., Room #227
Tampa, Florida 33602
Courtroom #15
Judicial Assistant: Kathy Williams
(813) 272-7225

Zoom Meeting ID: 988-012-3461
Password: Not required Court Zoom Link Administrative Orders Judicial Biography

Procedures & Preferences
Circuit Criminal, Division I

Procedures & Preferences

Division I will conduct arraignment dockets for Defendants in custody and out of custody every other Wednesday afternoon at 1:00 p.m. and 1:30 p.m., respectively. Please note, Division I may conduct arraignment dockets on a Wednesday during a trial week based on availability. At the arraignment, the Court will set the case for a Pretrial Conference and Jury Trial date in the future, but before the date on which speedy trial runs. An interim status conference may be requested and set for good cause shown. If the State has provided an offer that will expire, the Court may schedule a status conference before 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 Defendant.

Division I currently conducts hearings in-person. Virtual appearances via Zoom may be available for motion hearings or appearances by victims or out-of-town individuals on a case-by-case basis and only if previously approved by the Court. Please email the Judicial Assistant at felonydivi@fljud13.org for approval to attend a hearing virtually via Zoom.

Generally.
1. Obligation to Confer. Counsel must have exhausted the possibility of an agreed order or ruling on the motion before requesting hearing time. When requesting a hearing, the moving party shall represent in the email to the Division I Deputy Clerk or Judicial Assistant that “Counsel for [insert name of moving party] has conferred with opposing counsel, who objects to the relief requested.”
2. Defendant’s Presence at Hearing. It is defense counsel’s responsibility to notify Defendant when and how to appear at the hearing. PLEASE NOTE, it also is defense counsel’s responsibility either to file a written Waiver of the Defendant’s Presence at the time the motion is filed (if Defendant does not wish to appear at the hearing) OR procure a means for Defendant to appear at the hearing. 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. Select the appropriate form (i.e., Incarcerated Defendants or Out-of-Custody Defendants). Defendants shall appear for any substantive motion including motions to suppress or motions to dismiss.
3. Interpreter. If an interpreter is needed for the hearing, it is the moving party’s responsibility to ensure an interpreter is present for the hearing.
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 Defendant shall obtain the State’s position on the motion. If agreed, defense counsel 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 types of hearings unless good cause is shown. No evidence will be allowed for 5-minute hearings.
2. At the time the bond motion is filed, defense counsel also shall file a written “Waiver of Defendant’s Presence,” unless Defendant’s presence is specifically requested at the hearing. If so, defense counsel should specifically inform the Court Clerk that Defendant’s presence is requested.
Competency Motions. All motions in which a party is requesting the Court to appoint a doctor for a court-ordered forensic competency evaluation, for which there is no objection, shall be filed with the Clerk of Court and a copy emailed to the Judicial Assistant at felonydivi@fljud13.org. After the Court receives the stipulated motion, the Judicial Assistant will inform counsel of the doctor to be appointed from the Court Appointed Psychiatrist/Psychologists for Competency Evaluations to Stand Trial list, as well as the return date for the evaluation. Counsel requesting the evaluation shall then be responsible for uploading the appropriate order to the Court’s JAWS work queue through the Florida Courts E-Filing Portal (“E-Portal”) for signature. Defendants Returning from Florida State Hospital and/or Those Potentially Restored to Competence: If a Defendant has returned from the Florida State Hospital or any other facility with an indication that a Defendant is now competent to proceed, counsel for Defendant shall upload an order re-appointing the evaluator that originally determined competency to re-evaluate Defendant with a return date on the Division I competency docket no less than 30 days from the date the order is submitted. Please email the Judicial Assistant at felonydivi@fljud13.org for a hearing date if you are unfamiliar with the Court’s regular schedule.

Motion Hearings - 5 Minutes or Less & No Witness Testimony (OUT OF CUSTODY DEFENDANTS).
1. Motion Docket/Scheduling. All non-evidentiary motions that require 5 minutes or less of hearing time shall be heard on a status conference or arraignment docket, as appropriate. All dockets currently are in person.
2. Non-Evidentiary. These types of motion hearings do not include hearings that require witness testimony. These hearings are restricted to legal argument only.
3. File With Clerk. All motions must be filed with the Clerk of Court before obtaining a hearing date from the Deputy Clerk.
4. Attendance in Person. Parties shall attend hearings in person, unless a specific request has been made and approved by the Court to appear via Zoom.
5. Attendance Via Zoom. If an attorney would like a motion heard via Zoom, the attorney should email the motion to the Judicial Assistant, copying opposing counsel on the email, and specifically request the hearing via Zoom. The Court will consider these requests on a case-by-case basis. The Division I “Zoom link” (see above) shall be contained in the Notice of Hearing prepared by the party requesting the hearing if the hearing is to be conducted via Zoom. Please note the meeting information set forth above for Division I Zoom hearings. Exhibits: All exhibits that may be introduced at hearings must be emailed to the Judicial Assistant through the division email (felonydivi@fljud13.org) and to the Deputy Clerk (contact Judicial Assistant for email address) and provided to opposing counsel no less than 48 hours before the scheduled hearing. 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.
Motion Hearings - 10 Minutes or More or Evidentiary Motions with Witnesses.
1. Scheduling. All motions exceeding 10 minutes in length or requiring witness testimony shall be scheduled by the Judicial Assistant. Please do not email Division I’s Deputy Clerk to schedule this type of motion for hearing.
2. In Person Attendance. All motions of this type will be heard in person and generally will be scheduled in the afternoon on Mondays, Tuesdays, and Thursdays; on Fridays; or at such other times as the Court may allow in its discretion.
3. Motion Filed With Clerk Before Scheduling. The motion must be filed with the Clerk of Court before emailing the Judicial Assistant through the Division I email (felonydivi@fljud13.org) for a hearing date. The email MUST include the following information: (a) the case number; (b) the case/Defendant’s name; (c) the full name of the motion and the date it was filed; (d) the length of time requested for the hearing (i.e., 15 minutes, 30 minutes, one hour, etc.); and (e) whether the case has an upcoming Pretrial Conference date before which the motion must be scheduled and heard and the date of such Pretrial Conference.
4. Obtain Date from J.A. The Judicial Assistant will thereafter provide available hearings date(s) and counsel shall confer before choosing the hearing date. Once the parties have agreed upon a hearing date, counsel requesting the hearing shall advise the Judicial Assistant via the (felonydivi@fljud13.org) email address of the hearing date selected by the parties. PLEASE NOTE: If the Judicial Assistant fails to receive an email response within three business days of the date of the Judicial Assistant’s email, the dates and times provided in the email will become immediately available to other parties seeking lengthy hearing times.
5. Notice of Hearing/Contents. The party requesting the hearing shall file a “Notice of Hearing” with the Clerk of Court, serving a copy to opposing counsel as well as emailing a copy of the Notice of Hearing to the Judicial Assistant at felonydivi@fljud13.org. If the hearing is evidentiary, the Notice of Hearing must specifically state the hearing is evidentiary. The Notice of Hearing also must include the length of the hearing (i.e., HEARING LENGTH: 30 minutes).
6. Legal Authority. If either party has case law or other legal authority they want the Court to consider, the case law and authority must be received by the Court no less than three business days before the hearing. Otherwise, the motion will need to be rescheduled to give the Court a meaningful 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 before the hearing (e.g., videos, jail calls, transcripts, etc.), it must be received by the Court no less than two business days before the hearing.
8. Attendance via Zoom. For all hearings taking place via Zoom, please note the following: Exhibits: All exhibits that may be introduced at hearings must be emailed to the Judicial Assistant through the division email (felonydivi@fljud13.org) and to the Deputy Clerk (contact Judicial Assistant for email address) and provided to opposing counsel no less than 48 hours before the scheduled hearing. 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.

Timing of Motions. All motions (other than motions in limine) shall be filed and heard before the Pretrial Conference. All motions not heard before the Pretrial Conference shall be deemed waived and shall not be grounds for a continuance. All motions in limine must be filed before the Pretrial Conference.

Attorneys. Attorneys are required by the terms of all plea forms to discuss each of them line by line with Defendant in a private, confidential setting that allows for meaningful question and answer discussions. Please note, the plea form indicates Defendant has seen and agrees with the scoresheet as prepared by the State, so you must go over that document with Defendant as well, and be prepared to answer questions regarding it.

Change of Pleas - Generally. Out-of-custody Defendants accepting a term of incarceration must appear in person for their plea.

Ex-Parte Relief. All cases in which the State and Counsel for Defendant have agreed to a PTI resolution may now be handled WITHOUT THE NECESSITY OF A COURT HEARING.

Procedures for Ex-Parte Relief. If the State and Counsel for Defendant have reached an agreement for PTI, defense counsel shall file the signed PTI Address Verification Form and serve a copy on the State. Defense Counsel shall then file the appropriate PTI Proposed Stipulated Order [In or Out of Custody] filled out entirely with special conditions and reporting date included. After the Stipulated Order is filed, defense counsel shall submit the PTI Proposed Stipulated Order to the Court’s JAWS work queue through the E-Portal when agreed. Finally, defense counsel shall provide the PTI reporting Instructions to Defendant. There is no need to docket the case and request a hearing date. Instead, send a courtesy email to the Judicial Assistant at (felonydivi@fljud13.org) with the name/case number so the J.A. can look for the proposed order in the E-Portal and cancel any upcoming court date(s).

Required Forms. For ease in reference, the following is a list of all forms that must be completed and filed in the court file and are available on the Thirteenth Judicial Circuit Website Forms page at https://www.fljud13.org/Forms.aspx under “CIRCUIT – CRIMINAL JUSTICE AND TRIAL”:
1. Out of Custody PTI Stipulated Order
2. In Custody PTI Stipulated Order with ROR
3. PTI Address Verification Instructions
4. PTI Reporting Instructions

Terminations or Modifications of Community Control or Probation.
1. Represented Defendants. Represented Defendants filing “agreed” motions to terminate probation may upload to the Court’s JAWS work queue through the E-Portal a proposed order including in the title of the order that it is an agreed or stipulated order AND including in the body of the order that "Counsel for Defendant has conferred with the State and the Department of Corrections, and neither party has an objection to the relief requested." Defense counsel shall contemporaneously upload the email or other document indicating the State’s and the Probation Officer's agreement either as an attachment to the motion or in the space designated for cover letters.
2. If all parties do not agree, defense counsel shall file the motion to terminate or modify probation or community control with the Clerk of Court and email a courtesy copy of the motion to the Judicial Assistant at (felonydivi@fljud13.org). No hearing time is given until the motion has been reviewed by and a response received from the Department of Corrections and the State Attorney’s Office. After the Court has received and reviewed these responses, the Court will render its decision and inform the parties whether a hearing is necessary. The Judicial Assistant will contact the parties by email to coordinate a date and time for the hearing.
3. Pro Se/Self-Represented Defendants. For pro se, self-represented defendants, after you file your motion to terminate or modify probation or community control with the Clerk of Court, please email a courtesy copy of the motion to the Judicial Assistant at (felonydivi@fljud13.org) so that we may verify with the State Attorney’s Office and the Department of Corrections Division I Liaison that your probation officer does not object to the relief sought in your motion and that all monetary and other obligations have been satisfied. You may attach an email or cover letter to the motion or to the email to the Judicial Assistant if you already have the response from your probation officer. After the Court has received and reviewed the State’s and the Division I Liaison’s responses, the Court will render its decision and inform the parties whether a hearing is necessary. The Judicial Assistant will coordinate a date and time for the hearing and will have notice of the hearing served on all parties.

Jury Selection and Trial Subpoenas. Division I will conduct jury selection on Mondays. For all first degree and higher felony cases, please ensure your trial subpoenas are for the two-week period beginning the Monday of 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 of the Division I’s jury pick day and ending the following Monday.

Jury Instructions. The State shall email proposed jury instructions to the Judicial Assistant at the division email no later than 8:00 a.m. on the Monday of the week of trial, being sure to copy opposing counsel. Unless specifically discussed at the Pretrial Conference, jury selection in Division I is set to occur every other Monday 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. Counsel for Defendant may submit any specially-requested jury instructions that have not been agreed to by the State at the same time required for the State to provide jury instructions. If Defendant’s case has not resolved (by plea or otherwise) by the time of the Pretrial Conference, then all parties should anticipate commencing the trial on the scheduled trial date.

Witness Lists. At the same time jury instructions are submitted, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, a list of the names and addresses of all witnesses who are expected to testify at Defendant’s trial (preferably, in the numerical order in which they are to be called.)

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, before the start of trial. At or before jury selection, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, an Exhibit List with exhibits numbered that correspond to all exhibits that have and are to be marked and introduced into trial.

Exhibit/Evidence View: 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, before the start of trial. At or before jury selection, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, an Exhibit List with exhibits numbered that correspond to all exhibits that have and are to be marked and introduced into trial.

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 (felonydivi@fljud13.org). Please note, the Judicial Assistant is not permitted to give you any legal advice.

The Honorable Elizabeth G. Rice

Judicial Biography