Judge Kelly J. McKibben
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law, Other Documents
Notice of Hearing
- Email • Same Day as Filing
Amended Notice of Hearing, Cross Notice of Hearing
Court-wideMotion
Court-wide- Within 10 Days After Service
Adjournments
- A stipulated continuance before Docket Sounding does not require a written motion and must be emailed to the judicial assistant at least two days in advance.
- The Court prefers that counsel remove a scheduled case from the calendar at least two days in advance.
- A written continuance motion must be filed at least two days before the event, emailed to the judicial assistant, and include the reason for the request.
- +2 more
- A request to remove a case made within 24 hours of its scheduled court date is treated as an emergency request.
- A written motion is not required to continue a Docket Sounding, but the requesting attorney must provide good cause.
- Attorneys covering for another attorney should know that attorney’s schedule and be prepared to explain reasons for a continuance request and provide pertinent case dates.
Request must include
Communication
Chambers
Phone
Chambers
Document Format Requirements1 rule
All proposed orders must be either submitted in Word format by email to the judicial assistant or uploaded in Word format to the e-portal with e-portal codes (unopposed orders only).
Document Filing Requirements15 rules
A notice of hearing involving any remote appearance must list the judge’s Virtual Courtroom credentials.
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.
A notice of hearing must include the full name of the motion, the docket number of the motion or the date of filing of the motion, and the length of time reserved for the motion.
Then a notice of cancellation shall be filed.
If you have filed a cost motion and received the JAC’s response, you must then file the JAC’s response to the record.
Proposed JAC-related orders must be uploaded in Word format with e-portal codes and include the specified supporting documents attached to the required PDF cover letter, each with e-filing timestamps at the top.
Court's wording
All proposed JAC-related orders must be uploaded in Word format directly to the e-portal with e-portal codes. Please attach copies of: (1) your filed cost motion; (2) the filed JAC’s response to same; (3) the application for indigency; and (4) an affidavit regarding who is paying the attorney’s fees. Please attach these documents to your .pdf cover letter required for portal submissions. These documents must have the e-filing timestamps at the top, or the proposed order will be rejected.
If a Defendant will be entering a plea to a lesser included or amended offense, the name and statutory reference of the lesser included or amended offense must be on the plea form.
Written plea forms are required for all pleas and may be found at the following link. Standard Plea Agreement Form.
If a Defendant’s sentence includes an amount of incarceration (past or future), the plea form shall state with specificity the number of days of incarceration and the number of days of credit for time served that the State and Defense agree upon.
If a Defendant’s sentence after a plea will include community control conditions, the Defendant must read, initial, and sign a “Community Control Conditions” form and attach that form to the plea agreement.
If a Defendant’s sentence after a plea will include drug offender conditions, or the Defendant will be placed on drug offender probation, the Defendant must read, initial and sign a “Drug Conditions” form and attach that form to the plea agreement.
Your Notice of Hearing must include the duration reserved for the hearing, be e-filed, and served on all parties.
Defense attorneys should provide an additional copy of the plea form to the clerk at the same time the original plea form is given to the clerk, prior to the Court addressing the plea.
The proposed order should also include a cover letter or email indicating whether the State does or does not have any objection to the requested expert being appointed.
If competency issues are suspected, attorneys should forward a copy of the Motion to Determine Competency to the judicial assistant and include a proposed order appointing a competency expert.
- Document
- Motion to determine competency
Should include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
Proposed orders may be submitted by email to the judicial assistant or uploaded to the e-portal with e-portal codes; e-portal submission is limited to unopposed orders.
All proposed orders must be either submitted in Word format by email to the judicial assistant or uploaded in Word format to the e-portal with e-portal codes (unopposed orders only).
Page 7 | D. Submission of Orders and Judgments
Proposed JAC cost orders must be submitted through the e-portal.
Proposed JAC cost orders may only be submitted via the e-portal.
Page 7 | D. Submission of Orders and Judgments
If the JAC objects to a cost motion, set a hearing and do not submit the proposed order through the e-portal.
If the JAC objects to a cost motion, a hearing must be set. Do not send the proposed order via the e-portal if the JAC objects.
Page 7 | D. Submission of Orders and Judgments
The Notice of Hearing must be e-filed.
Your Notice of Hearing must include the duration reserved for the hearing, be e-filed, and served on all parties.
Page 1 | Scheduling Hearings
Filing Timing and Cure Windows
Once all parties confirm availability, the moving party may immediately file the notice of hearing and email a copy to the judicial assistant promptly after filing.
As soon as all parties confirm availability for an offered time and date, the moving party may immediately file a notice of hearing and email a copy to the judicial assistant as soon as it has been filed.
Page 4 | B. Scheduling Procedures
File the notice of hearing immediately after reserving hearing time and email a copy to the judicial assistant; noncompliance may result in cancellation.
A notice of hearing must be filed immediately after reserving hearing time with a copy emailed to the judicial assistant. Any failure to comply with this procedure may result in the Court unilaterally cancelling the hearing.
Page 4 | B. Scheduling Procedures
An objection to using communication technology for a hearing or trial must be filed before that event.
If there is an objection to the use of communication technology for a hearing or trial, the objection must be filed in advance of the hearing or trial.
Page 5 | C. Remote Appearance
Submit proposed orders after hearings within seven days after the hearing, unless the Court orders otherwise.
Proposed orders after hearings must be submitted no later than seven (7) days after the hearing, unless otherwise ordered by the Court.
Page 7 | D. Submission of Orders and Judgments
When the stated indigency and due-process-services conditions are met, submit an order for accounting to the Court within 90 days of disposition.
If a Defendant is adjudicated guilty or entered a plea of nolo contendere and received due process services after being found indigent for costs, an order for accounting must be submitted to the Court within ninety (90) days of disposition pursuant to Section 27.52(5)(i), Florida Statutes.
Page 7 | D. Submission of Orders and Judgments
Motions to Suppress, Motions to Dismiss, and other substantive motions must be filed seven days before Calendar Call unless the Court orders otherwise.
All Motions to Suppress, Motions to Dismiss, or other substantive motions must be filed seven (7) days prior to Calendar Call, unless otherwise ordered by the Court.
Page 9 | F. Calendar Call and Trial Periods
A motion not set or attempted to be set 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 date shall be considered abandoned, waived, and deemed denied.
Page 11 | I. Other Division Procedures
Requests to transport a defendant from jail must be submitted by 2:00 p.m. on the day before the hearing.
All requests to transport a Defendant from the jail must be submitted by 2:00 p.m. the day before the hearing.
Page 12 | I. Other Division Procedures
A Notice of Hearing must be filed within 48 hours after hearing time is given.
You must file your Notice of Hearing within 48 hours of being given hearing time.
Page 1 | Scheduling Hearings
Hearings lasting less than two hours may be held immediately before trial with the Court’s permission.
Hearings with a duration of less than two (2) hours may be heard immediately before trial with permission of the Court.
Page 9 | F. Calendar Call and Trial Periods
Motions requiring more than two hours of hearing time should be scheduled at least seven days before trial.
Motions requiring more than two (2) hours of hearing time should be set at least seven (7) days prior to Trial.
Page 9 | F. Calendar Call and Trial Periods
All filed motions must be set for a hearing in a timely manner.
All motions filed shall be set for a hearing in a timely manner.
Page 11 | I. Other Division Procedures
The filer does not need to wait for the Clerk to docket the e-filed Notice of Hearing before proceeding.
You do not have to wait for the Clerk to docket your e-filed Notice of Hearing.
Page 1 | Scheduling Hearings
Service and Proof of Service Rules
Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts’ E-Filing Portal, unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts’ E-Filing Portal, unless excused.
Page 2 | A. Communications with the Judicial Office
The Notice of Hearing must be served on all parties.
Your Notice of Hearing must include the duration reserved for the hearing, be e-filed, and served on all parties.
Page 1 | Scheduling Hearings
Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered service email account or mailing address changes.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account and/or mailing address registered for service.
Page 2 | A. Communications with the Judicial Office
Courtesy Copy Requirements
A courtesy copy of the e-filed Notice of Hearing must be emailed to the Judicial Assistant on the same day it is e-filed.
You must email a courtesy copy of your e-filed Notice of Hearing to the Judicial Assistant on the same day you e-file your "Notice of Hearing".
Page 1 | Scheduling Hearings
A hearing may be subject to cancellation if the e-filed Notice of Hearing is not emailed to the Judicial Assistant.
If you do not email your e-filed Notice of Hearing to the Judicial Assistant, then your hearing may be subject to cancellation.
Page 1 | Scheduling Hearings
The Court prefers courtesy copies of case law and other documents, including copies for opposing counsel.
The Court prefers to receive courtesy copies of case law and other documents, including copies for opposing counsel.
Page 11 | I. Other Division Procedures
Pre-Motion Conference Requirements
Before requesting hearing time, parties must ask whether the matter can be stipulated to and, if not, determine the opposing party’s requested hearing time.
Before requesting hearing time, you must: (1) inquire of the other party if the matter can be stipulated to, as this would conserve judicial resources; and (2) if a stipulation cannot be reached, find out how much time the opposing party needs for the hearing in addition to the amount of time required by the moving party.
Page 4 | B. Scheduling Procedures
A request to appear using communication technology must be made by motion if it is opposed.
Opposed requests to use communication technology for an appearance must be made by motion.
Page 5 | C. Remote Appearance
Counsel must discuss the specified case issues and confirm receipt and review of opposing-party discovery; if the conference is incomplete at Calendar Call, it must occur before trial, and jury selection will not begin until completion is confirmed.
Counsel must discuss the following issues during the meet and confer: plea offers, outstanding motions, motions in limine, redaction requests, witness issues, discovery, and jury instructions. In particular, a meet and confer is not completed until each party can confirm to the Court that they have received and reviewed all of the discovery disclosed in the Court file by the opposing party. Counsel who merely attempt to confer have not conferred. If not completed prior to Calendar Call, parties will be ordered to meet and confer prior to the Jury Trial date. The Court will not begin jury selection in a case until the parties can confirm they have completed the required meet and confer.
Page 9 | F. Calendar Call and Trial Periods
Assigned State and Defense attorneys must substantively meet and confer in good faith before Calendar Call, but the requirement is waived when the Defendant is self-represented.
The Court expects the assigned attorneys for the State and Defense to meet and confer prior to Calendar Call about each case set on the Calendar Call docket. This requirement is waived if the Defendant is self-represented. The term “confer” requires a substantive conversation in person, by telephone, or video conference in a good faith effort to resolve the matter; or to narrow the issues and be ready prior to trial.
Page 9 | F. Calendar Call and Trial Periods
A Motion for Early Termination of Probation must first be provided to the State Attorney’s Office to obtain the positions of the State and Probation; no hearing will be set before that step is completed.
All Motions for Early Termination of Probation must first be provided to the Office of the State Attorney to obtain the position of the State and Probation. A hearing on the motion will not be set until this has been done.
Page 10 | G. Violations of Probation and Motions for Early Termination
Counsel must meet and confer on every motion before setting it for a hearing.
Counsel shall meet and confer on all motions prior to setting them for hearings.
Page 11 | I. Other Division Procedures
Adjournment & Extension Requirements
A written continuance motion must be filed at least two days before the event, emailed to the judicial assistant, and include the reason for the request.
Via written motion, filed at least two (2) days before the event and emailed to the judicial assistant. Include the reason and
Page 4 | B. Scheduling Procedures
A stipulated continuance before Docket Sounding does not require a written motion and must be emailed to the judicial assistant at least two days in advance.
For continuances before Docket Sounding, a written motion is not required if stipulated—just email the judicial assistant at least two (2) days in advance.
Page 5 | B. Scheduling Procedures
Written motions to continue trial must be filed at least two days before Calendar Call and are addressed at Calendar Call unless the Court allows an exception.
Written motions to continue trial need to be filed at least two (2) days prior to Calendar Call and will be addressed on the day of Calendar Call, unless the Court allows an exception.
Page 9 | F. Calendar Call and Trial Periods
Continuances in VOP hearings are discouraged, all requests—including agreed requests—are reviewed by the Court, and requests should be filed at least two days before the hearing.
Continuances are discouraged. The Court will review all requests for continuances, including agreed-upon continuances. All requests for continuances should be filed at least two (2) days prior to the VOP hearing date.
Page 10 | G. Violations of Probation and Motions for Early Termination
A request to remove a case made within 24 hours of its scheduled court date is treated as an emergency request.
The Court considers requests for removing a case within twenty-four (24) hours of the scheduled court date as an emergency request.
Page 5 | B. Scheduling Procedures
The Court prefers that counsel remove a scheduled case from the calendar at least two days in advance.
The preferred method for removing a case from the calendar once it has been set is to do so at least two (2) days in advance.
Page 5 | B. Scheduling Procedures
Attorneys covering for another attorney should know that attorney’s schedule and be prepared to explain reasons for a continuance request and provide pertinent case dates.
Attorneys covering for other attorneys should know that attorney’s schedule and be prepared to provide information regarding any reasons for a continuance request, as well as pertinent dates related to the case (i.e., when depositions have been set).
Page 8 | E. Docket Sounding and Inmate Transport
A written motion is not required to continue a Docket Sounding, but the requesting attorney must provide good cause.
The Court will not require written motions to continue any Docket Sounding. However, attorneys will still need to provide good cause for the continuance request.
Page 8 | E. Docket Sounding and Inmate Transport
Chambers Communication Rules
Emails to the judicial office must copy all parties unless the communication is authorized ex parte by law.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 2 | A. Communications with the Judicial Office
Represented defendants must communicate with the Court through counsel and must not email the judicial assistant directly.
Defendants with counsel must communicate to the Court through counsel only. DO NOT email the judicial assistant directly if you are represented by counsel.
Page 2 | A. Communications with the Judicial Office
A party must file a motion before seeking hearing time and attach a copy of the filed motion to any scheduling email to the judicial assistant.
A party may NOT obtain hearing time through the judicial assistant without having first filed the motion needing to be set. Due to the delay in motions showing up on the clerk’s website, and the fact that the judicial office is not notified when a filing is submitted, a copy of the filed motion needs to be attached to any email to the judicial assistant when discussing the setting of a motion for hearing.
Page 3 | B. Scheduling Procedures
Schedule fully negotiated pleas through the judicial assistant; the State and Defense must appear in person and have the scoresheet or plea paperwork signed and submitted to the clerk, or the Court may reset the plea.
Fully negotiated pleas must be scheduled through the judicial assistant, and both the State and Defense need to appear in person to proceed on the plea, including having the scoresheet or plea paperwork ===== PAGE 4 ===== signed and turned into the court clerk, or the plea may get unilaterally reset by the Court.
Page 3 | B. Scheduling Procedures
To obtain hearing time, email the judicial assistant a copy of the filed motion and the total hearing time requested by all parties.
To obtain hearing time, please email the following to the judicial assistant: • A copy of the filed motion. • The total amount of time requested by all parties.
Page 4 | B. Scheduling Procedures
If a case is resolved while future hearing time remains calendared, the party who set the hearing must immediately email the judicial assistant to confirm that the time can be released.
If a case gets resolved (i.e., the Defendant enters a plea or the State enters a nolle prosse) and future hearing time is still calendared, the party who initially set the hearing time shall notify the judicial assistant immediately via email to confirm that time can be released.
Page 5 | B. Scheduling Procedures
Before filing a notice of cancellation, counsel must immediately email the judicial assistant to confirm that the scheduled time can be released.
You must notify the judicial assistant immediately via email to confirm that the time can be released before filing your notice of cancellation.
Page 5 | B. Scheduling Procedures
Requests to add or remove a case from the Court’s calendar must be submitted by 2:00 p.m.
All requests to add or remove a case from the Court’s calendar must be submitted by 2:00 p.m.
Page 5 | B. Scheduling Procedures
Correspondence to the judicial assistant about an emergency calendar-removal request must clearly identify it as an “Emergency Request.”
If the request is an emergency request, a correspondence with the judicial assistant shall clearly state that it is an “Emergency Request.”
Page 5 | B. Scheduling Procedures
For hearings other than Docket Sounding or Calendar Call, attorneys must email the judicial assistant for remote-appearance permission at least 48 hours beforehand and provide a phone number for technology problems.
For any other hearings, attorneys must request permission to appear remotely from the Court via email to the judicial assistant at least forty- eight (48) hours prior to the hearing and must provide a phone number for the Court to directly reach the attorney if problems arise with the use of the communication technology.
Page 6 | C. Remote Appearance
The email requesting permission for a remote appearance at another hearing must state whether anyone objects to the request.
Please advise in your email whether there is any objection to the remote appearance request.
Page 6 | C. Remote Appearance
Please request the virtual link from the judicial assistant via e-mail for your remote appearance in advance of each Docket Sounding or Calendar Call.
Please request the virtual link from the judicial assistant via e-mail for your remote appearance in advance of each Docket Sounding or Calendar Call.
Page 6 | C. Remote Appearance
Emails to the judicial office must include the case number, case name, hearing type, and requested time in the subject line.
The subject line of any e-mail to the judicial office must contain the case number, case name, type of hearing, and time requested.
Page 2 | A. Communications with the Judicial Office
Attorneys and unrepresented parties may call the judicial assistant in an emergency.
Attorneys and unrepresented parties may contact the judicial assistant by telephone in the event of an emergency.
Page 2 | A. Communications with the Judicial Office
Parties may contact the judicial office only under the stated 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 3 | A. Communications with the Judicial Office
Out-of-county attorneys appearing remotely must email the judicial assistant in advance of each Docket Sounding and follow the Remote Appearance procedures.
Please notify the judicial assistant via e-mail of your remote appearance in advance of each Docket Sounding and ensure you are following the Remote Appearance procedures.
Page 7 | E. Docket Sounding and Inmate Transport
Self-represented parties must email the Judicial Assistant to request a hearing, include the motion and requested hearing time, and include all parties in the correspondence.
If you are representing yourself pro se, please send your request to Judge McKibben’s Judicial Assistant, Tracie Orman, at Tracie.Orman@flcourts18.org and include a copy of your motion and how much hearing time you are seeking. Please ensure that you include all parties in any correspondence.
Page 1 | Scheduling Hearings
Anyone requiring an interpreter must inform the Judicial Assistant.
You also must inform the Judicial Assistant if you require an interpreter.
Page 1 | Scheduling Hearings
The Court will not address email communications other than hearing scheduling, proposed-order submissions, and documents requested by the Court; other communications are considered ex parte and will not be considered.
Please note that any communication or correspondence from either party, other than setting a hearing, submission of proposed orders, and providing any other documents requested by the Court, will not be addressed via email. Any other communication is considered ex parte and will not be considered by the Court.
Page 1 | Scheduling Hearings
Attorneys must email the Judicial Assistant to request a hearing, include the motion and requested hearing time, and include all parties in the correspondence.
Attorneys, please send your request to Judge McKibben’s Judicial Assistant, Tracie Orman, at Tracie.Orman@flcourts18.org and include a copy of your motion and the amount of hearing time you are seeking. Please ensure that you include all parties in any correspondence.
Page 1 | Scheduling Hearings
Email is the preferred method for communicating with the Court, and communications may be sent to the judicial assistant by email.
E-MAIL IS THE PREFERRED METHOD OF COMMUNICATION WITH THE COURT. All communications to the judicial office may be submitted by e-mail to the judicial assistant.
Page 2 | A. Communications with the Judicial Office
The judicial assistant strives to respond to inquiries within one business day and, if unable to do so, will acknowledge the message and provide an expected response time or alternate contact.
The judicial assistant strives to respond to all inquiries within one business day. If the judicial assistant is unable to respond within one business day, your message will be acknowledged as received with an indication of when to expect a response or with an alternate contact for assistance.
Page 3 | A. Communications with the Judicial Office
Out-of-county attorneys may appear remotely at Docket Sounding or Calendar Call without filing a motion.
Out-of-county attorneys may appear remotely for Docket Sounding or Calendar Call without the necessity of filing a motion.
Page 6 | C. Remote Appearance