Judge Tim Bailey
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • At Least Two Days Before Scheduled Hearing
Courtesy copies
Court-wide- 1 copy
Motion for Rehearing
Court-wide- 1 copy • Email • Upon Filing
Notice of Change of Plea
Court-wide
Communication
Chambers
Phone
Chambers
Chambers
Chambers
Phone
Court-wideChambers
Phone
Court-wideChambers
Document Filing Requirements6 rules
The notice of hearing should certify that the other party has received notice via email.
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same. The Court will not hear any Motion to Withdraw where the Defendant is absent, and no proper notice has been provided.
- Document
- Motion to withdraw
Must include
- •Certificate of service
Agreed Motions must contain a statement indicating the agreement.
- Document
- Agreed motion
Must include
- •A statement indicating the agreement
Without a Notice of Hearing, the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.
Orders submitted to say motions must include the language "Agreed Order" in the heading.
- Document
- Proposed order
Must include
- •Agreed Order
Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. The Court will prepare orders which require findings of fact or interpretations of the law.
Filing & Service rules
Service and Proof of Service Rules
Motions must be filed in writing, properly notified to opposing counsel, and set for a hearing; they will not be heard at Calendar Call.
All motions must be filed in writing, properly notified to opposing counsel, and set for a hearing—NOT AT CALENDAR CALL.
Page 1 | Pretrial Motions
Courtesy Copy Requirements
Please provide the Court with any case law and a courtesy copy of the pleading at least two (2) days before the scheduled hearing date.
Please provide the Court with any case law and a courtesy copy of the pleading at least two (2) days before the scheduled hearing date.
Page 1 | Motion Practice
Pre-Motion Conference Requirements
The moving party must meet and confer with opposing counsel or the opposing side before setting a hearing.
The Moving party must coordinate with the opposing counsel/side before setting the hearing.
Page 1 | Scheduling
Substantive motions and requests will not be heard at Calendar Call without specific permission from the Court.
No other substantive motions or requests will be heard on Calendar Call without specific permission from the Court.
Page 1 | Calendar Calls / Trials (Every Friday at 8:30 AM)
Before submitting a motion to return property, contact the Law Enforcement Agency and State Attorney's Office; provide an agreed order if agreed, or set a hearing and notify both if contested; firearms require a hearing and an FDLE check.
When submitting a motion to return property, please do the following: 1. Contact the Law Enforcement Agency and the State Attorney's Office. 2. If agreed, please provide my office with an agreed order. 3. If contested, set for a hearing and notify the Law Enforcement Agency and the State Attorney's Office. *Firearms must be set for a hearing, and the person getting the property must have a FDLE check run.
Page 1 | Motion to Return Property
Downward departure motions requiring evidentiary support should be set for hearing only once all parties are ready to be heard.
Any Downward Departure motion that requires the presentation of evidence to support the basis for departure should be set once all parties are ready to be heard.
Page 1 | Motions
Adjournment & Extension Requirements
Written continuance requests must be filed with an attached order by the Wednesday before calendar call; only emergency written motions are addressed after that, and the rule applies to both defense counsel and state attorneys.
All written requests for continuance must be filed and provided to the Court, with an attached order, on or before the Wednesday before the calendar call. Only emergency written motions will be addressed after that. This applies to requests from both defense counsel and state attorneys.
Page 1 | Written Requests for Continuance
If the motion needs to be reset or canceled, the setting attorney has an obligation to contact the Court to give as much advance notice as possible. If the case is to be pled rather than the motion is heard, the setting attorney should advise the Court as soon as practicable.
If the motion needs to be reset or canceled, the setting attorney has an obligation to contact the Court to give as much advance notice as possible. If the case is to be pled rather than the motion is heard, the setting attorney should advise the Court as soon as practicable.
Page 1 | Motion Practice
If a written continuance is granted the attorney must notify the Defendant; if denied, the parties must appear at Calendar Call.
If a written continuance is granted, it is the attorney's responsibility to notify the Defendant. If a written continuance is denied, the parties must appear at the Calendar Call.
Page 1 | Written Requests for Continuance
Chambers Communication Rules
Parties must email the Judge a copy of the notice of hearing for their motion.
It's essential that parties prepare and email the Judge a copy of the notice of hearing regarding your motion.
Page 1 | Scheduling
Motions must be provided to the Court before a hearing is set, and may be submitted via email.
All motions must be provided to the Court prior to a hearing being set (they can be submitted via email).
Page 1 | Motions
Interpreter requests must be made to the Judicial Assistant at least three days before the hearing, or seven days for languages other than Spanish or Haitian Creole, with the Judicial Assistant included on all interpreter request emails.
The Court will provide an interpreter for all Criminal Hearings. Please notify the Judicial Assistant at the telephone number above or via email to: divfh@17th.flcourts.org, at least three (3) days prior to your hearing if you require the services of an interpreter. For a language other than Spanish or Haitian Creole, please contact the Judicial Assistant at least seven (7) days prior to your hearing. You may also contact the court interpreter's office at interpreterrequest@17th.flcourts.org. Please make sure to include the Judicial Assistant on all emails for requests for an interpreter.
Page 1 | Interpreters
Requests to use the Court Evidence Presentation System must be made to the Judicial Assistant as soon as possible and not less than 24 hours before the scheduled court appearance.
If you are in need of the Court Evidence Presentation System (Monitor & Projection stand) to participate in a court proceeding, don't hesitate to get in touch with the J.A., Nichole, at (954) 831-7821 or via email at DIVFH@17th.flcourts.org. Your request should be made as soon as possible, not less than 24 hours before your scheduled court appearance.
Page 1 | Courtroom Evidence Presentation
Hearings not accommodated in court are arranged by contacting the Judicial Assistant at (954) 831-7821 or DIVFH@17th.flcourts.org.
To arrange a hearing not accommodated in court, please contact the Judicial Assistant Nichole Lunsford, at (954) 831-7821 or via email at DIVFH@17th.flcourts.org.
Page 1 | Scheduling
Parties must provide the Court a copy of the motion and inform the Court of witness schedules that need to be accommodated for the hearing.
Please provide the Court with a copy of the motion as well. Also, let the Court know the schedules of witnesses that will need to be accommodated for the hearing.
Page 1 | Scheduling