Judge Kal Evans
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy
- 1 copy • Email
Motion, Memoranda, Supporting Authorities
- 1 copy • At Least 4 Business Days Prior to Hearing
Motion, Proposed Order
- 1 copy • Email
Courtesy copies
Court-wide- 1 copy
Adjournments
- Continuance motions are highly discouraged after trial is set and must be supported by good cause and documentation.
- Continuances at calendar call should be requested by written motion stating whether the client is in a program (with completion date), working on a plea, or ready for trial.
- Motions for continuance must be submitted with an attached Order by 12:00 noon on the Wednesday before Calendar Call.
- +1 more
Request must include
Communication
Chambers
Chambers
Chambers
Phone
Court-wideChambers
Document Format Requirements2 rules
All matters noticed or ordered for a hearing or conference before a judge or quasi-judicial officer or court administration program shall contain, in boldface, 14-point Times New Roman or Courier font, the following:
- Font
- Times New Roman
- Font size
- 14 points
- Notice of hearing
- Order
Formatting
- •Text must be in boldface
- •Courier font is also permitted
All Orders must be submitted in Word format.
- File type
- Word
- Order
- Proposed order
Document Filing Requirements14 rules
An executed Stipulation of Counsel must be e-filed. A copy of the e-filed Stipulation and a Proposed Order should be emailed to the Judicial Assistant.
- Document
- Stipulation of substitution of counsel
Must include
- •Proposed order
** UNOPPOSED Motions must contain the language "Unopposed Motion" in the title of the Motion.
All Motions to Withdraw and Notice of Hearing must include: 1. Certificate of service to the Defendant; 2. Include the full address of where Notice is being sent to Defendant; 3. Manner of delivery (Email address, Physical address and U.S. Mail, FedEx, UPS, etc. and/or Hand Delivery). The Court will not hear any Motion to Withdraw without proper notice.
- Document
- Motion to withdraw
Must include
- •Certificate of service
Defendant must upload a fully executed and notarized plea form. Additionally, Defendant must submit an acceptable fingerprint card when the plea is an adjudication. These must be uploaded prior to the Zoom hearing on the change of plea.
Defendants are required to appear in-person for any and all Calendar Call Hearings unless a properly executed Waiver Of Appearance is timely filed with the Clerk's Office.
All requests for zoom must be accompanied by a Motion for Zoom, with the corresponding underlying motion. The request for zoom hearing and underlying motion shall be sent in advance to the opposing counsel.
Counsel is required to confer with opposing counsel prior to filing a Motion to Continue and must state on the Motion the results of the conferral.
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing. Hearings WILL NOT be set without a Notice of Hearing from the parties.
A Proposed Order must accompany the emailed copy sent to the Judicial Assistant.
Must include
- •Proposed order
All hearing notices and orders must contain the prescribed ADA accommodation notice language, including the ADA Coordinator's contact information and the 7-day advance request instruction.
Court's wording
American with Disabilities Act (A.D.A.). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, For Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711.
The motion must identify the witness to be deposed and the good cause for each witness to be deposed.
Counsel is required to confer with opposing counsel prior to filing a Motion for Depositions and must state on the Motion the results of the conferral.
Unopposed Motions: Must contain a certification at the end of the Motion. The movant must: (i) certify that the movant has conferred with the opposing party AND (ii) State whether the parties agree on the resolution of all or part of the Motion.
- Document
- Unopposed motion
- Placement
- Certificate section
Must include
- •Certificate of conference
The Court is not permitted to engage in any ex-parte communication. Unrepresented parties should fill out a Defendants Request Form at the Clerk of Court's Office, for any request they would like the Judge to consider.
Filing & Service rules
Electronic Filing Rules
All motions must be e-filed through the Clerk of Court's E-Filing Portal; the Court will not entertain motions that have not been e-filed.
The Court will not entertain Motions that have not been e-filed. All Motions must be submitted to the Clerk of Court via the E-filing Portal and must appear on the Clerk of the Court's system before any materials, including courtesy copies and Agreed Orders are provided to the Court.
Page 1 | HEARING PROCEDURES
All pro se requests, motions, and correspondence for the Judge's review must be filed with the Clerk of Courts.
All Requests, Motions and any other correspondence to be presented to the Judge for review shall be filed with the Clerk of Courts.
Page 1 | ProSe Litigants
Filing Timing and Cure Windows
All pretrial motions must be filed and heard no later than 7 days before trial, and the moving attorney must promptly file, serve, and obtain a hearing time.
ALL PRETRIAL MOTIONS MUST BE FILED AND HEARD NO LATER THAN SEVEN (7) DAYS PRIOR TO THE TRIAL. IT SHALL BE THE RESPONSIBILITY OF THE MOVING ATTORNEY TO PROMPTLY FILE AND SERVE SUCH MOTIONS AND OBTAIN A HEARING TIME.
Page 1 | PRETRIAL PROCEDURES
Motions to continue calendar call hearings must be e-filed and received by the Judicial Assistant at least 3 business days before the hearing.
All Motions to Continue must be e-filed and received by the Judicial Assistant no less than three (3) business days prior to the scheduled hearing.
Page 1 | Motions To Continue Calendar Call Hearings
Motions must be e-filed with copies to all necessary parties before a hearing time may be requested.
All Motions must be e-filed, with a copy to all necessary parties before a request is made for a Hearing time.
Page 1 | Scheduling Hearings
Courtesy copies, Agreed Orders, and other materials may only be provided to the Court after the e-filed motion appears on the Clerk's system.
All Motions must be submitted to the Clerk of Court via the E-filing Portal and must appear on the Clerk of the Court's system before any materials, including courtesy copies and Agreed Orders are provided to the Court.
Page 1 | HEARING PROCEDURES
Next-day add-on hearing requests must be submitted by a 3:00 PM cutoff.
*NEXT DAY ADD-ON HEARING CUT OFF IS 3:00PM. This is to adhere with the agreement and standard rule between Judiciary, the Clerk's Office and BSO.
Page 1 | Hearing Requests
Motions in limine and proposed jury instructions must be provided to the Court at least 2 business days before trial and before opening statements.
The Attorneys shall provide the Court with any Motions in Limine and proposed jury instructions at least 2 business days prior to the date of Trial and before opening statements.
Page 1 | Proposed Jury Instructions
A Motion to appear by Zoom must be filed at least 48 hours before the scheduled in-person appearance (non-evidentiary matters under 30 minutes) and must be re-filed each time the case is set for a hearing.
Division MJ requires a Motion to appear by Zoom be filed 48 hours prior to the scheduled in person appearance for non-evidentiary matters and less than 30 minutes in duration. The motion for Zoom appearance must be filed each time the case is set for a hearing.
Page 1 | DIVISION MJ PROCEDURES FOR COMMUNICATION TECHNOLOGY
Motions to continue trials must be e-filed and emailed to the Judicial Assistant with a Proposed Order at least 3 business days before the trial date.
All Motions to Continue must be e-filed no less than three (3) business days prior to the scheduled Trial date. A copy of the e-filed Motion must be emailed to the Judicial Assistant, with a Proposed Order, no less than three (3) business days prior to the Trial date.
Page 1 | Motions To Continue Trials
Motions to continue or reset previously scheduled hearings must be e-filed and emailed to the Judicial Assistant at least 5 business days before the hearing.
All Motions to Continue or Reset a previously coordinated or scheduled Hearing on a pending pre-trial or post-trial Motion must be e-filed no less than five (5) business days prior to the scheduled Hearing. A copy of the e-filed Motion must be sent via email to the Judicial Assistant no less than five (5) business days prior to the scheduled Hearing.
Page 1 | Cancellation Of Scheduled Motions To Dismiss/Suppress/Limine/ETC.
Service and Proof of Service Rules
The moving party must prepare and serve the Notice of Hearing on the non-moving party and email a copy to the Division/Judicial Assistant; the Judicial Assistant is not responsible for confirming notice.
Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving, and email the Division/Judicial Assistant a copy of the Notice of Hearing on your Motion. It is NOT the Judicial Assistants responsibility to ensure or confirm that the non-moving party has received notice.
Page 1 | Special Set Hearings (15 minutes or longer)
Exhibits for evidentiary hearings must be hard copies pre-marked by the Clerk, with a copy provided to opposing counsel.
Hard copies of all exhibits must be pre-marked by the Clerk, with a copy provided to opposing counsel.
Page 1 | Exhibits For Evidentiary Hearings
If a written continuance is granted, the filing attorney must notice opposing counsel; if denied, the parties must appear at calendar call.
If a written continuance is GRANTED, it is the filing attorney's responsibility to notice the opposing counsel. If a written continuance is DENIED, the parties must appear at calendar call.
Page 1 | Motion for Continuance
Courtesy Copy Requirements
For any motion the Judge needs to see or act upon, a copy with an Order must be emailed to the division email and provided to the opposing party.
When a motion is e-filed, the Judge does not always receive a copy. If you file a Motion that the Judge needs to see or act upon, you must provide a copy with an Order to the email provided above and to the opposing party.
Page 1 | HEARING PROCEDURES
For evidentiary hearings, hard copies of the motion, memoranda, and authorities must be mailed or hand delivered to the Judge at least 4 business days before the hearing, and the Judicial Assistant must be informed of any drop off.
If an evidentiary hearing has been set, a hard copy of the Motion, accompanying memoranda, cases or other supporting authorities is to be submitted to the Judge by mail or hand delivered at least four (4) business days prior to the scheduled hearing. You must inform the Judicial Assistant of any drop off.
Page 1 | HEARING PROCEDURES
Chambers must receive a copy of the motion for the Judge to consider it.
The chambers must receive a copy of the motion to be considered for the Judge's review.
Page 1 | Hearing Requests
A courtesy copy of the e-filed deposition motion and a Proposed Order must be emailed to the Assistant State Attorney and the Judicial Assistant.
A courtesy copy of the e-filed Motion and a Proposed Order must be emailed to the assigned Assistant State Attorney and the Judicial Assistant.
Page 1 | Motion For Deposition(s)
Pre-Motion Conference Requirements
Parties must meet and confer five days before any status hearing and ten days before any trial.
The parties shall meet and confer five (5) days before any status hearing and ten (10) days before any trial.
Page 1 | Meet and Confer
Parties must communicate (confer) with opposing counsel before requesting a hearing time.
Prior to requesting a Hearing, parties are required to communicate with opposing counsel.
Page 1 | Scheduling Hearings
Adjournment & Extension Requirements
Continuance motions (calendar call, trial, or to reset scheduled hearings) will not be considered in Chambers unless they certify contact with opposing counsel, and untimely motions will not be considered.
Motions to Continue will not be considered in Chambers unless the Motion certifies that contact was made with opposing counsel. Motions not filed timely will not be considered in Chambers.
Page 1 | Motions To Continue Calendar Call Hearings
Motions for continuance must be submitted with an attached Order by 12:00 noon on the Wednesday before Calendar Call.
Motion for Continuance: Must be submitted to the Court with an attached Order on or before the Wednesday prior to the Calendar Call by 12:00 noon.
Page 1 | Motion for Continuance
Continuance motions are highly discouraged after trial is set and must be supported by good cause and documentation.
Motions for Continuance are highly discouraged once Trial has been set and must be supported by good cause and documentation
Page 1 | Motion for Continuance
Continuances at calendar call should be requested by written motion stating whether the client is in a program (with completion date), working on a plea, or ready for trial.
If you want a Continuance, a written Motion is preferred. In the Motion tell the Court if your client is in a program and completion date, working on a plea or ready for Trial.
Page 1 | Calendar Call
Chambers Communication Rules
Hearing dates are obtained by emailing the Judicial Assistant, and once both parties confirm the date the moving party must complete a notice of hearing.
In order to obtain a hearing date, an email shall be sent to the Judicial Assistant. Once both parties confirm the date, the moving party shall complete a notice of hearing.
Page 1 | HEARING PROCEDURES
A hearing will not be docketed until the e-filed Notice of Hearing has been emailed to the Assistant State Attorney and the Judicial Assistant.
A Hearing will not appear on the Judge's Docket until a copy of the e-filed Notice of Hearing has been emailed to the Assistant State Attorney and the Judicial Assistant.
Page 1 | Scheduling Hearings
The Court cannot accept ex-parte communications or give legal advice, and all communications with the Court must include all parties.
The Court cannot accept ex-parte communications or provide you with legal advice. An ex-parte communication occurs when a party to the case, or someone involved with a party, talks to or otherwise communicates directly with the Judge about the issues in the case without the other parties' knowledge. You must include all parties involved when communicating with the Court.
Page 1 | COMMUNICATING
Hearings cannot be cancelled without contacting the Judicial Assistant at divmj@17th.flcourts.org.
Attorneys and/or parties cannot cancel hearings without contacting the Judicial Assistant (divmj@17th.flcourts.org).
Page 1 | Cancellations
For special set hearings, parties must email the Judicial Assistant a copy of the written motion with proper service on all parties, and notify the Judicial Assistant of the estimated hearing time and number of witnesses for each side.
Please email the Judge's Judicial Assistant a copy of the written Motion setting forth the request relief, with proper service of copies to all parties. The moving party shall also notify the Judicial Assistant as to the estimated amount of time expected to be needed to complete the hearing and the number of witnesses for each side.
Page 1 | Special Set Hearings (15 minutes or longer)
For ROR or pretrial release modification motions, the written motion must first be filed with the Clerk of Court and a copy emailed to the Judicial Assistant with proper service on all parties.
You MUST first file your written Motion with the Clerk of Court. This office does not accept ex-parte communication. Please email the Judge's Judicial Assistant a copy of the written Motion setting forth the requested relief, with proper service of copies to all parties.
Page 1 | Motions for ROR or for Modification of Pre-Trial Release Conditions
Emergency or urgent motions must be emailed to the Judicial Assistant with an explanation of the emergency, and copies of the motion and email must be sent to the opposing party.
Any Motion filed, requesting urgent or emergency action, must be sent to the Judicial Assistant with an email explaining the emergency or urgency. A copy of the Motion and email must be sent to the opposing party.
Page 1 | Emergency Or Urgent Matters
Pro se parties may contact the Judicial Assistant to follow up on a filing, but must not ask court personnel to relay any message to the Judge.
Contact the Judge's Judicial Assistant to follow up upon filing and please do not ask this Court's Judicial Assistant or other Court personnel to communicate any message to the Judge.
Page 1 | ProSe Litigants
Please feel free to contact our division email at divmj@17th.flcourts.org and the State, if you have any questions or concerns not addressed above.
Please feel free to contact our division email at divmj@17th.flcourts.org and the State, if you have any questions or concerns not addressed above.
Page 1 | ALL OTHER MATTERS NOT ADDRESSED ABOVE