Judge Mark E. Herr Individual Rules & Standing Orders

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.

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