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Court Rules
Judge David E. Silverman
Judge

Judge David E. Silverman

Individual Rules, Standing Orders & Policies

Eighteenth Judicial Circuit of Florida, Brevard and Seminole Counties

Limits & Logistics

Courtesy Copies

Amended Notice of Hearing, Cross Notice of Hearing

Court-wide
  • Email

Motion

Court-wide
  • Within 10 Days After Service

Notice of Hearing

Court-wide
  • Email

Objection to Order of Referral to General Magistrate

Court-wide
  • 1 copy • Email

Adjournments

Court-wide

Request must include

Adversary PositionProposed New Dates

Communication

Email

Chambers

alain.harper@flcourts18.org
Scheduling
Phone
Court-wide

Chambers

+1 386-310-1754
Emergencies
Filters:

Document Filing Requirements3 rules

Filing RequirementsMandatory

Notices of Hearing for civil proceedings should include Judge Silverman’s videoconference link, meeting ID, passcode, and audio call-in information.

Court's wording

Parties are permitted to appear by videoconference in civil proceedings, and the following information should be included on all Notices of Hearing to allow for such appearance: Judge Silverman’s Virtual Courtroom can be accessed at: https://fl18.org/judgesilvermanvc Microsoft Teams Meeting ID: 222 747 638 657 Passcode: 48eFuv or call in (audio only) +1 (386) 310-1754 Conference ID: 424 841 303#

Filing RequirementsMandatory

Pro se Small Claims litigants are required to complete and file a Non-Attorney Designation of Email Address.

Court's wording

Pro se litigants in Small Claims litigants are required to complete and file a Non-Attorney Designation of Email Address and, unless given contrary instructions by the Court, may be required to participate in mediation and/or Online Dispute Resolution.

Filing RequirementsImportant

A party or counsel requesting to appear by video conference should complete and submit a notice of video conference appearance providing the information in the Notice of Telephone or Videoconference Appearance.

Filing & Service rules

Service and Proof of Service Rules

A qualifying County Civil party seeking a program mediator must give due notice to the opposing party when requesting mediation services.

Parties to a County Civil case who qualify for participation in the Mediation Program may request the services of a program mediator by filing a motion with the Clerk, scheduling the motion for hearing with the Judicial Assistant, and providing due notice to the opposing party.

Page 1 | Mediation

For the described Docket Sounding appearance filing, service must be made on the Office of the State Attorney, with a copy to the Judicial Assistant.

Counsel may appear at Docket Sounding in person, by videoconference in accordance with the Instructions for Appearance by Videoconference, or, if assigned Assistant State Attorney agrees to the proposed setting, by completing and filing the Notice of Docket Sounding Appearance prior to the Docket Sounding. Service shall be made upon the Office of the State Attorney with a copy to the Judicial Assistant.

Page 1 | Criminal Proceedings

Chambers Communication Rules

At least two working days before a video hearing, contact the Judicial Assistant by email to confirm participation, provide scanned copies of hearing documents, and provide email addresses for yourself and intended witnesses.

Contact the Court’s Judicial Assistant, Alexis Leclerc, by email at Alain.Harper@flcourts18.org, at least two working days before the hearing to: Confirm having arranged to participate in the video conference. Furnish the Judicial Assistant with scanned copies of any documents to be used or introduced into evidence at the hearing; and Provide the Judicial Assistant with an email address for yourself and any person you intend to call as a witness at the hearing.

Page 1 | Instructions for Appearance by Video Conference

After filing the motion, a probate hearing may be requested by emailing the Judicial Assistant a completed Probate Hearing Request Form.

Upon filing the motion, a hearing may be requested by emailing the Judicial Assistant with a completed Probate Hearing Request Form.

Page 1 | Probate Hearings

Hearing-time requests may be made and confirmed by email and should include specified identifying and scheduling information, with the opposing party copied when an email address is available.

A request for hearing time may be made and confirmed by email. The request for hearing time should include your name, the client's name, the case number, your telephone number, and your scheduling request. Please include the opposing party whenever an email address is available.

Page 1 | Scheduling Guidelines

Counsel may email the Judicial Assistant a copy of the Notice of Appearance and Waiver of Arraignment to ensure the Court received it.

In order to ensure that the Court has received a Notice of Appearance and Waiver of Arraignment from counsel waiving their client's appearance at arraignment, counsel may email a copy to the Judicial Assistant.

Page 1 | Criminal Proceedings

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 E. Silverman
  • Elected in September 1998; term of office runs from January 1999 through December 2028.
  • Current assignment: Division IV, General County Jurisdiction (Criminal), at Moore Justice Center, Melbourne.
  • Juris Doctor, Loyola University School of Law, June 1979.
  • Bachelor of Arts, Emory University, June 1976.
  • Florida Bar Certified in Criminal Trial Law from August 1, 1997 to July 31, 2022.
  • Served as Brevard County Administrative Judge from 2002 through 2004.
  • Former legal writing instructor at Brevard Community College for two semesters.
  • Courtroom: Division: 4 - Civil
  • Location: Moore Justice Center
  • Address: 2825 Judge Fran Jamieson Way, Viera, FL 32940-8006
  • Phone (judicial assistant): (321) 617-7284
  • Email (judicial assistant): Alain.Harper@flcourts18.org
  • Judicial assistant: Alain Harper
Common questions about Judge David E. Silverman's rules

What must be included with notice of hearing filings before Judge David E. Silverman?

Notices of Hearing for civil proceedings should include Judge Silverman’s videoconference link, meeting ID, passcode, and audio call-in information.

View ruleSource: page 1, section Scheduling Guidelines

What must be included with non attorney designation of email address filings before Judge David E. Silverman?

Pro se Small Claims litigants are required to complete and file a Non-Attorney Designation of Email Address.

View ruleSource: page 1, section Small Claims

How may parties contact Judge David E. Silverman's chambers?

The rule lists email Alain.Harper@flcourts18.org. At least two working days before a video hearing, contact the Judicial Assistant by email to confirm participation, provide scanned copies of hearing documents, and provide email addresses for yourself and intended witnesses.

View ruleSource: page 1, section Instructions for Appearance by Video Conference

What service or proof of service rules apply before Judge David E. Silverman?

For the described Docket Sounding appearance filing, service must be made on the Office of the State Attorney, with a copy to the Judicial Assistant.

View ruleSource: page 1, section Criminal Proceedings
Complete rules summary for Judge David E. Silverman

After filing the motion, a probate hearing may be requested by emailing the Judicial Assistant a completed Probate Hearing Request Form.

Notices of Hearing for civil proceedings should include Judge Silverman’s videoconference link, meeting ID, passcode, and audio call-in information.

Counsel may email the Judicial Assistant a copy of the Notice of Appearance and Waiver of Arraignment to ensure the Court received it.

For the described Docket Sounding appearance filing, service must be made on the Office of the State Attorney, with a copy to the Judicial Assistant.

Pro se Small Claims litigants are required to complete and file a Non-Attorney Designation of Email Address.

A qualifying County Civil party seeking a program mediator must give due notice to the opposing party when requesting mediation services.

A party or counsel requesting to appear by video conference should complete and submit a notice of video conference appearance providing the information in the Notice of Telephone or Videoconference Appearance.

Hearing-time requests may be made and confirmed by email and should include specified identifying and scheduling information, with the opposing party copied when an email address is available.

At least two working days before a video hearing, contact the Judicial Assistant by email to confirm participation, provide scanned copies of hearing documents, and provide email addresses for yourself and intended witnesses.

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