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Court Rules
Judge David C. Koenig
Judge

Judge David C. Koenig

Individual Rules, Standing Orders & Policies

Eighteenth Judicial Circuit of Florida, Brevard and Seminole Counties

Limits & Logistics

Courtesy Copies

Notice of Hearing

  • Email

Unopposed Motion, Court Order

Amended Notice of Hearing, Cross Notice of Hearing

Court-wide
  • Email

Motion

Court-wide
  • Within 10 Days After Service

Adjournments

  • Agreed continuance requests before a court event should be submitted to the Judicial Assistant as a motion stating the reason, no later than two days before the event.
Reason for Request

Communication

Email

Chambers

Scheduling
Phone
Court-wide

Chambers

+1 386-310-1754
Emergencies
Email
Court-wide
Scheduling
Filters:

Document Format Requirements2 rules

FormattingMandatory

Proposed orders must be in Word format; unopposed orders uploaded to the e-portal must include codes, while opposed orders must identify disagreements using redline or track changes in a single document.

Applies to
  • Proposed order

Formatting

  • Submit in Word format

Court's wording

All proposed orders must be either submitted in Word format by email to the assigned Judicial Assistant without codes or uploaded to the e-portal with codes (unopposed orders only). Opposed orders must be submitted in Word format identifying disagreements utilizing the redline or “track changes” feature in Word so that a single document is submitted for the Court’s entry.

Judge Koenig Policies and Procedures · p. 5
|SectionSubmission of Orders and Judgments
FormattingImportant

E-file an unopposed motion via the Clerk of Court. Send a courtesy copy of the Unopposed Motion and court order (in Word format) to the JA.

Applies to
  • Court order

Formatting

  • Word format
Judge Koenig Policies and Procedures · p. 3
|SectionEarly Resolution Hearings

Document Filing Requirements9 rules

Filing RequirementsMandatory

A Notice of Hearing involving any remote appearance must list the judge’s virtual courtroom credentials via Microsoft TEAMS.

Filing RequirementsMandatory

All Notices of Hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Filing RequirementsMandatory

A Notice of Hearing must include the full name of the motion, docket number of the motion, and length of time reserved for the motion.

Filing RequirementsMandatory

You must cancel hearings by notifying the JA immediately. You must also immediately file and serve a Notice of Cancellation on opposing counsel and any self-represented litigant/witness (if any).

Filing RequirementsMandatory

The unopposed continuance motion and accompanying court order must state the reason, waive speedy trial, request cancellation of the currently set ERP date, and request reset to a specified date, judge, and time of 8:30.

Court's wording

The unopposed motion for continuance and an accompanying court order MUST include: 1. a reason for the continuance 2. waiver of speedy trial, 3. request the ERP date currently set for ____________be cancelled. 4. request that the case be reset to _______ ____ before The Honorable Judge___________ at 8:30.

Judge Koenig Policies and Procedures · p. 3
|SectionEarly Resolution Hearings
Filing RequirementsMandatory

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

Judge Koenig Policies and Procedures · p. 5
|SectionSubmission of Orders and Judgments
Filing RequirementsMandatory

If the Motion for Early Termination is unopposed, the party requesting early termination must provide a proposed order for the Court to enter terminating supervision.

Judge Koenig Policies and Procedures · p. 6
|SectionMotion for Early Termination of Probation
Filing RequirementsImportant

Any failure to comply with this procedure may result in the Court unilaterally cancelling the hearing.

Filing RequirementsImportant

Include a copy of opposing counsel’s email confirming agreement to the continuance and order format.

Court's wording

received email approval from opposing counsel that confirms the agreement to the continuance and format of order. Please include a copy of the email showing counsel’s agreement.

Filing & Service rules

Electronic Filing Rules

E-file the unopposed motion through the Clerk of Court and send the JA courtesy copies of the motion and court order.

E-file an unopposed motion via the Clerk of Court. Send a courtesy copy of the Unopposed Motion and court order (in Word format) to the JA.

Page 3 | Early Resolution Hearings

Proposed orders must be emailed to the assigned Judicial Assistant in Word format without codes, or uploaded with codes through the e-portal if unopposed.

All proposed orders must be either submitted in Word format by email to the assigned Judicial Assistant without codes or uploaded to the e-portal with codes (unopposed orders only).

Page 5 | Submission of Orders and Judgments

Filing Timing and Cure Windows

Immediately after reserving hearing time, file and serve the notice of hearing and email a courtesy copy to the Judicial Assistant.

A notice of hearing must be filed and served immediately after reserving hearing time with a courtesy copy emailed to the Judicial Assistant.

Page 2 | Scheduling Procedures

An objection to using communication technology at a hearing or trial must be filed at least 10 days beforehand.

If there is an objection to the use of communication technology for a hearing or trial, the objection must be filed no later than 10 days prior to the hearing or trial

Page 4 | Remote Appearance Procedure

Service and Proof of Service Rules

Immediately after reserving hearing time, serve the notice of hearing and email a courtesy copy to the Judicial Assistant.

A notice of hearing must be filed and served immediately after reserving hearing time with a courtesy copy emailed to the Judicial Assistant.

Page 2 | Scheduling Procedures

A Notice of Cancellation must be served immediately on opposing counsel and any self-represented litigant or witness, if any.

You must cancel hearings by notifying the JA immediately. You must also immediately file and serve a Notice of Cancellation on opposing counsel and any self-represented litigant/witness (if any).

Page 3 | Cancelling Hearings

Courtesy Copy Requirements

Email a courtesy copy of the notice of hearing to the Judicial Assistant after reserving hearing time.

A notice of hearing must be filed and served immediately after reserving hearing time with a courtesy copy emailed to the Judicial Assistant.

Page 2 | Scheduling Procedures

Send the JA a courtesy copy of the unopposed motion and court order.

E-file an unopposed motion via the Clerk of Court. Send a courtesy copy of the Unopposed Motion and court order (in Word format) to the JA.

Page 3 | Early Resolution Hearings

Courtesy copies are not required, but any courtesy copies provided should include a copy for opposing counsel.

The court does not require the submission of courtesy copies. However, if providing courtesy copies, please include a copy for opposing counsel.

Page 5 | Courtesy Copies of Case Law and Other Documents

Pre-Motion Conference Requirements

Requests to appear using communication technology must be made by motion.

Requests to use communication technology for an appearance must be made by motion.

Page 4 | Remote Appearance Procedure

Before setting a hearing on a Motion for Early Termination, the motion must be provided to the State Attorney's Office and Probation to obtain their positions.

All Motions for Early Termination must first be provided to the Office of the State Attorney and Probation to obtain their positions. A hearing on the motion cannot be set until this has been done.

Page 6 | Motion for Early Termination of Probation

An opposed Motion for Early Termination must be set for a hearing.

If the Motion for Early Termination is opposed, the Motion must be set for a hearing.

Page 6 | Motion for Early Termination of Probation

A motion not set, or not subject to an attempt to set it, within six months after filing is considered abandoned, waived, and denied.

Any motion filed and not set or attempted to be set within six (6) months of the filing shall be considered abandoned, waived, and deemed denied.

Page 6 | Other Division Procedures — Motions/Notices/Filings

Counsel must meet and confer on every motion before setting it for hearing.

Counsel shall meet and confer on all motions prior to setting for hearing.

Page 6 | Other Division Procedures — Motions/Notices/Filings

Filed motions must be timely set for hearing.

All motions filed shall be timely set for hearing.

Page 6 | Other Division Procedures — Motions/Notices/Filings

Adjournment & Extension Requirements

Agreed continuance requests before a court event should be submitted to the Judicial Assistant as a motion stating the reason, no later than two days before the event.

Agreed continuances prior to a court event should be presented in the form of a motion, stating the reason for the continuance, to the JA no later than two days prior to the event for processing.

Page 2 | Continuance Procedure

Written motions to continue are not required at Docket Sounding, but attorneys must provide good cause for a continuance request.

The Court will not require written motions to continue at Docket Sounding. However, attorneys will still need to provide good cause for the continuance request.

Page 5 | Docket Sounding & Inmate Transport

Chambers Communication Rules

All parties must be copied on e-mails directed to the Judicial Office.

All parties must be copied on any e-mail directed to the Judicial Office.

Page 1 | Communications with the Judicial Office

Request a hearing by e-mail or by properly filing a motion with the Judicial Assistant.

Hearings must be requested by e-mail or properly filed motion to the Judicial Assistant.

Page 2 | Scheduling Procedures

When emailing the JA, copy the assigned Early Resolution Assistant State Attorney so they can confirm there is no objection and verify the court date.

You MUST copy the assigned Early Resolution Assistant State Attorney when you submit to the JA in email so that they may reply confirming there is no objection and can verify the court date.

Page 3 | Early Resolution Hearings

A continuance for an Early Resolution Hearing must be requested in writing by email to the JA.

If a continuance is needed, you must request a continuance in writing via email to the JA:

Page 3 | Early Resolution Hearings

For hearings other than Docket Sounding or non-evidentiary hearings, attorneys must email the Court for permission to appear remotely at least 48 hours beforehand and provide a phone number for technology problems.

Attorneys must request permission to appear remotely from the Court via email at least 48 hours prior to a hearing - for any other hearing other than Docket Sounding or non-evidentiary hearing - and must provide a phone number for the Court to directly reach the attorney if problems arise with use of the communication technology.

Page 4 | Requirements for TEAMS or Telephone Appearance

E-mails to the Judicial Office must identify the case number, case name, and relevant matter in the subject line.

The subject line of any e-mail to the Judicial Office must contain the case number, case name, and relevant matter (e.g., 2025 MM 012345 – State V. John Doe –1-hour Hearing Requested)

Page 1 | Communications with the Judicial Office

Parties may contact the Judicial Office only in accordance with these procedures, and the Court will not consider unsolicited communications from non-parties.

Parties may only contact the Judicial Office in accordance with these practices and procedures. Unsolicited communications from non- parties will not be considered by the court.

Page 1 | Communications with the Judicial Office

You may cancel only hearings that you set yourself, not hearings set by opposing parties.

You can only cancel hearings that you yourself have set; you cannot cancel for opposing parties.

Page 3 | Cancelling Hearings

Email the JA before appearing remotely so the JA can notify the court.

You will need to email the JA prior to inform them of a remote appearance, and so they may notify the court.

Page 4 | Remote Appearance Procedure

A filing with the Clerk does not automatically reach the Court; counsel must notify the Court when seeking action on a filing.

Any filing with the Clerk does not automatically go to the Court. The only way the Court becomes aware of a filing is when counsel notifies the Court for action on the filing.

Page 6 | Other Division Procedures — Motions/Notices/Filings

Parties may contact the presiding judge’s Judicial Assistant for hearing-scheduling needs.

Contact the presiding judge’s Judicial Assistant for your scheduling needs.

Page 1 | Scheduling Hearings

E-mail is the preferred and most efficient way to contact the Court.

E-mail is the preferred and most efficient means of contact with the Court.

Page 1 | Communications with the Judicial Office

Communications to the Judicial Office may be submitted by e-mail to the Judicial Assistant.

All communications to the Judicial Office may be submitted by e-mail to the Judicial Assistant.

Page 1 | Communications with the Judicial Office

The Judicial Assistant strives to provide substantive responses to inquiries within one to two business days.

The Judicial Assistant strives to substantively respond to all inquiries within one to two business days.

Page 2 | Response to Inquiries

The Judicial Assistant cannot provide legal advice.

The Judicial Assistant is not authorized to provide legal advice.

Page 2 | Response to Inquiries

E-mails sent to or from the judicial office may be public records subject to disclosure.

Any e-mail sent to or from the judicial office may be a public record subject to disclosure.

Page 2 | Response to Inquiries

When the Judicial Assistant is out, the office will acknowledge the message and indicate when to expect a substantive response and whom to contact for immediate assistance.

When the Judicial Assistant is out of the office, your message will be acknowledged as received with an indication of when to expect a substantive response and an alternate contact for immediate assistance.

Page 2 | Response to Inquiries

If the state is involved and the assistant state attorney is not copied on the request, the Judicial Assistant will include them to coordinate the hearing time with both parties.

If the assistant state attorney is not CC’d in your request (if the state is involved in said case), they will be included by the judicial assistant so that the hearing time can be coordinated with both parties.

Page 2 | Scheduling Procedures

Court-wide rules

Applies court-wide

These 218 rules apply across Eighteenth Judicial Circuit of Florida, Brevard and Seminole Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 90
  • Applies to
    Extradition waiver

    An extradition waiver must be written, executed before a judge, and state that the person consents to return to the demanding state.

  • Applies to
    Probable cause arrest affidavit

    Probable-cause arrest affidavits for probation or community-control violations must include the specified supervision and case information; unsupported database assertions are insufficient.

  • Applies to
    Probable cause finding

    A probable-cause finding must be written, signed by the first appearance judge, and filed with the evidence supporting it.

Communication

All 37
  • Contact
    Email

    A party canceling a hearing must email the Court a copy of the Notice of Cancellation at the same time it is filed.

  • Contact
    Email to chambers

    Email is the most effective way to communicate with the Court, but emails to a Judicial Assistant must not include legal argument or substantive discussion of case facts.

  • Contact
    Email to chambers

    For additional information or assistance, contact the judicial assistant by email.

Formatting

All 21
  • Exhibits must be pre-marked with stickers identifying the offering party, hearing date, and case number.

  • Each exhibit must be marked in sequence with an identifying letter.

  • DJMCA date and signature codes must be used in pairs, placed alone on a line without spaces or tabs, aligned using Word’s alignment features, written in four uppercase letters, and used only once per line.

Service

All 19
  • Applies to
    Complaint or arrest report and bail documents

    Before first appearance, the clerk must provide the state attorney and the public defender or present private counsel copies of the complaint or arrest report and documents the judge used to set bail.

  • A release for failure to meet specified time periods requires a judge’s order and notice to the state; at daily first appearance hearings, receipt of the docket copy by the state attorney satisfies notice.

  • Applies to
    Complaint related documents and clerk minutes

    Correctional officers must give each defendant scheduled for first appearance copies of the complaint, related documents, and the clerk’s minutes setting the next court date.

About Judge David C. Koenig
  • Assistant State Attorney in Brevard County from 1990 through 2013.
  • Juvenile Division Chief from 2001 to 2005.
  • Sex Crimes and Child Abuse Division Chief Intake Prosecutor from 2005 to 2013.
  • Former adjunct professor at the Law Enforcement Academy, Eastern Florida State College.
  • Adjunct professor at Florida Institute of Technology and the University of Central Florida.
  • B.A., University of Florida, 1985.
  • J.D., University of Miami, 1990.
  • Member of the Florida Bar since 1990.
  • Location: Moore Justice Center in Melbourne, Brevard
  • Address: 2825 Judge Fran Jamieson Way, Viera, FL 32940-8006
  • Phone (judicial assistant): (321) 617-7262
  • Email (judicial assistant): Ashley.Baird@flcourts18.org
  • Judicial assistant: Ashley Baird
Common questions about Judge David C. Koenig's rules

Are courtesy copies required for Judge David C. Koenig?

Courtesy-copy rule applies for notice of hearings. Details: by email. Email a courtesy copy of the notice of hearing to the Judicial Assistant after reserving hearing time.

View ruleSource: page 2, section Scheduling Procedures

Does Judge David C. Koenig require a pre-motion conference or letter before filing a motion?

Requests to appear using communication technology must be made by motion.

View ruleSource: page 4, section Remote Appearance Procedure

What formatting rules apply to filings before Judge David C. Koenig?

Judge David C. Koenig's formatting rule includes submit in word format., for proposed orders emailed to the assigned judicial assistant, omit codes; unopposed orders may instead be uploaded to the e-portal with codes., and opposed orders must identify disagreements using word's redline or track-changes feature so that a single document is submitted for the court's entry..

View ruleSource: page 5, section Submission of Orders and Judgments

What must be included with notice of hearing filings before Judge David C. Koenig?

A notice of hearing involving a remote appearance must list the judge’s Microsoft Teams virtual courtroom credentials.

View ruleSource: page 2, section Scheduling Procedures

What must be included with notice of cancellation filings before Judge David C. Koenig?

To cancel a hearing, notify the JA immediately and immediately file and serve a Notice of Cancellation on opposing counsel and any self-represented litigant or witness, if any.

View ruleSource: page 3, section Cancelling Hearings

How may parties contact Judge David C. Koenig's chambers?

All parties must be copied on e-mails directed to the Judicial Office.

View ruleSource: page 1, section Communications with the Judicial Office

How do I request an adjournment or extension before Judge David C. Koenig?

The request must include reason for request. Agreed continuance requests before a court event should be submitted to the Judicial Assistant as a motion stating the reason, no later than two days before the event.

View ruleSource: page 2, section Continuance Procedure

Is electronic filing required before Judge David C. Koenig?

Yes. Electronic filing is required for the covered filings. Proposed orders must be emailed to the assigned Judicial Assistant in Word format without codes, or uploaded with codes through the e-portal if unopposed.

View ruleSource: page 5, section Submission of Orders and Judgments

What filing deadlines does Judge David C. Koenig set?

An objection to using communication technology at a hearing or trial must be filed at least 10 days beforehand.

View ruleSource: page 4, section Remote Appearance Procedure

What service or proof of service rules apply before Judge David C. Koenig?

Immediately after reserving hearing time, serve the notice of hearing and email a courtesy copy to the Judicial Assistant.

View ruleSource: page 2, section Scheduling Procedures
Complete rules summary for Judge David C. Koenig

Parties may contact the presiding judge’s Judicial Assistant for hearing-scheduling needs.

When the Judicial Assistant is out, the office will acknowledge the message and indicate when to expect a substantive response and whom to contact for immediate assistance.

The Judicial Assistant cannot provide legal advice.

The Judicial Assistant strives to provide substantive responses to inquiries within one to two business days.

All parties must be copied on e-mails directed to the Judicial Office.

Parties may contact the Judicial Office only in accordance with these procedures, and the Court will not consider unsolicited communications from non-parties.

E-mails to the Judicial Office must identify the case number, case name, and relevant matter in the subject line.

Communications to the Judicial Office may be submitted by e-mail to the Judicial Assistant.

E-mails sent to or from the judicial office may be public records subject to disclosure.

Request a hearing by e-mail or by properly filing a motion with the Judicial Assistant.

Immediately after reserving hearing time, file and serve the notice of hearing and email a courtesy copy to the Judicial Assistant.

Immediately after reserving hearing time, serve the notice of hearing and email a courtesy copy to the Judicial Assistant.

Email a courtesy copy of the notice of hearing to the Judicial Assistant after reserving hearing time.

The Court may unilaterally cancel a hearing if the notice-of-hearing procedure is not followed.

A notice of hearing involving a remote appearance must list the judge’s Microsoft Teams virtual courtroom credentials.

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

A notice of hearing must identify the motion by its full name and docket number and state the time reserved for it.

If the state is involved and the assistant state attorney is not copied on the request, the Judicial Assistant will include them to coordinate the hearing time with both parties.

Agreed continuance requests before a court event should be submitted to the Judicial Assistant as a motion stating the reason, no later than two days before the event.

Include a copy of opposing counsel’s email confirming agreement to the continuance and order format.

The court order sent as a courtesy copy to the JA must be in Word format.

To cancel a hearing, notify the JA immediately and immediately file and serve a Notice of Cancellation on opposing counsel and any self-represented litigant or witness, if any.

A Notice of Cancellation must be served immediately on opposing counsel and any self-represented litigant or witness, if any.

You may cancel only hearings that you set yourself, not hearings set by opposing parties.

Send the JA a courtesy copy of the unopposed motion and court order.

A continuance for an Early Resolution Hearing must be requested in writing by email to the JA.

The unopposed continuance motion and accompanying court order must state the reason, waive speedy trial, request cancellation of the currently set ERP date, and request reset to a specified date, judge, and time of 8:30.

When emailing the JA, copy the assigned Early Resolution Assistant State Attorney so they can confirm there is no objection and verify the court date.

Requests to appear using communication technology must be made by motion.

An objection to using communication technology at a hearing or trial must be filed at least 10 days beforehand.

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