Judge Melissa D. Souto
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
- In Advance of the Scheduled Hearing
Amended Notice of Hearing, Cross Notice of Hearing
Court-wideMotion
Court-wide- Within 10 Days After Service
Notice of Hearing
Court-wide
Adjournments
- Continuances are disfavored and require good cause; when the State does not object, counsel may file a written motion and proposed order through the e-portal, while motions must comply with Rule 2.085(e) or be made orally on the record, and must include the State’s position.
Request must include
Communication
Chambers
Phone
Court-wideChambers
Document Format Requirements5 rules
Proposed orders must be in Word format and accompanied by a separately filed cover letter stating the opposing parties’ position on the order.
- Proposed order
Formatting
- •Word format
Court's wording
All proposed orders must be submitted in Word format along with a separately filed cover letter stating that opposing parties have reviewed the proposed Order and they have no objection to the form or content of the Order or containing a statement identifying any disagreement of the parties as to the proposed order.
Exhibits must be submitted in paper or USB format.
- Exhibits
Formatting
- •Submit in paper or USB format
Proposed orders must have no spaces before or after JJJJ and must use the proper codes or they will be rejected for improper format.
Court's wording
• Please make sure there are no spaces before or after the JJJJ, or the signature block will not populate, and there will be no judicial signature on your order. If you do not have the proper codes on the proposed orders, the order will be rejected for improper format.
If the attorney is able to obtain a signed consent from their client, then the proposed Order may be submitted through the e-portal in Word format.
- Proposed order
Formatting
- •Word format
Orders should have at least five lines below JJJJ, keep the signature block on the same page as other content, avoid tables or blocks, and include only the DDDD and JJJJ codes.
Court's wording
• You should have at least 5 lines below the JJJJ to make certain the signature block appears on that page. Please do not have the signature block appear by itself on a page. When submitting an order, please do not use tables or blocks, as it is not necessary and delays processing. In order to expedite the processing of your orders, please only place the DDDD and JJJJ codes in the order. Additional codes will delay the processing times.
Document Filing Requirements13 rules
If counsel is requesting a continuance and there is no objection from the State, Counsel may file a written Motion to Continue and submit a proposed Order through the e-portal to the Court.
- Document
- Motion to continue
May include
- •Proposed order
A Notice of Hearing must specifically state the matter(s) to be heard, the date, time, and place of the hearing, and shall be e-filed with the Clerk.
A proposed order for telephonic appearance must identify the hearing date and time, each appearing party, and a call-back number; multiple parties must provide one conference-line number.
Court's wording
The proposed Order must state the date and time of the hearing, the first and last name of the party appearing by phone, and a telephone number for the Court to call at the time of the hearing. If multiple parties wish to appear by phone, the proposed Order must provide ONE telephone number (conference line) for the Court to call at the time of the hearing.
A separately filed cover letter accompanying a proposed order must state that opposing parties have no objection or identify any disagreement.
Court's wording
All proposed orders must be submitted in Word format along with a separately filed cover letter stating that opposing parties have reviewed the proposed Order and they have no objection to the form or content of the Order or containing a statement identifying any disagreement of the parties as to the proposed order.
When a hearing is continued or cancelled, the scheduling attorney must file a Notice of Cancellation and notify the judicial assistant.
Court's wording
If a hearing is continued or cancelled, it is the responsibility of the scheduling attorney to file a Notice of Cancellation and advise the judicial assistant that the scheduled hearing is continued or cancelled, so that it is removed from the Court’s docket.
If a party appearing by telephone will be giving testimony, they must have a notary public present with them at the time of the hearing so that he/she may be sworn in.
The Motion shall also indicate that all interested parties have been contacted, and their position must be indicated in the motion.
All attorneys must bring sufficient copies of each exhibit for the clerk, the Court, and each party to review during the hearing or trial.
Please make sure the Motion and Notice of Hearing has a Certificate of Service that indicates that the motion and order were served on the client.
- Document
- Motion and notice of hearing
Include
- •Certificate of service
To waive a defendant’s presence at Docket Sounding, file a client-signed waiver of appearance and, if applicable, speedy trial.
Court's wording
You may also waive the Defendant’s presence at Docket Sounding, whether the Defendant is in custody or out of custody, but you must file a waiver signed by the client that waives their appearance and speedy trial, if applicable.
All plea agreements must be in writing, in the form approved by the Court.
Exhibits must be labeled: State A/ Defendant A, etc.
All proposed orders should follow the provided court caption and case-number format.
Court's wording
ALL PROPOSED ORDERS SHOULD BE FORMATTED AS FOLLOWS: IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO.: 202X-CF-00XX A STATE OF FLORIDA v. NAME Defendant _____________________/
Filing & Service rules
Electronic Filing Rules
A Notice of Hearing must be electronically filed with the Clerk.
A Notice of Hearing must specifically state the matter(s) to be heard, the date, time, and place of the hearing, and shall be e-filed with the Clerk.
Criminal cases
Page 2 | B. Scheduling Procedures
All proposed orders must be submitted through the Florida Courts E-Filing Portal.
Please submit all proposed orders through the Florida Courts E-Filing Portal.
Criminal cases
Page 3 | D. Submission of Orders
A motion to appear telephonically and a proposed order must be e-filed.
You must e-file a Motion to Appear telephonically, as well as a proposed order.
Criminal cases
Page 3 | C. Telephonic Appearance
All exhibits must be submitted to the Clerk of Court.
Submit all exhibits to the Clerk of Court.
Criminal cases
Page 4 | G. Exhibits and Evidentiary Proceedings
With the client’s signed consent, the proposed order may be submitted through the e-portal in Word format.
If the attorney is able to obtain a signed consent from their client, then the proposed Order may be submitted through the e-portal in Word format.
Criminal cases
Page 5 | H. Pretrial Procedures
When the State does not object to a continuance, counsel may submit a proposed order through the e-portal to the Court.
If counsel is requesting a continuance and there is no objection from the State, Counsel may file a written Motion to Continue and submit a proposed Order through the e-portal to the Court.
Criminal cases
Page 2 | B. Scheduling Procedures
For matters that do not require a hearing, a proposed order may be submitted through the e-portal in Word format with a separately filed no-objection cover letter and/or a properly filed stipulation.
Some matters do not require a hearing, and a proposed Order may be submitted through the e-portal in Word format along with a separately filed cover letter indicating no objection to the proposed Order; and/or with a properly filed Stipulation.
Criminal cases
Page 4 | D. Submission of Orders
Filing Timing and Cure Windows
Proposed orders must not be submitted before the hearing.
Please do not submit proposed Orders until AFTER your hearing.
Criminal cases
Page 3 | D. Submission of Orders
The specified motions and proposed orders must be filed at least two business days before the scheduled court date.
Such motions and proposed Orders must be filed at least two (2) business days prior to the scheduled court date.
Criminal cases
Page 3 | B. Scheduling Procedures
A proposed order must not be submitted until the related motion is accepted into the case file and docketed.
Please do not submit the proposed order until the motion has been accepted into the case file and docketed by the Clerk of Court.
Criminal cases
Page 4 | D. Submission of Orders
An order submitted without its corresponding motion or petition in the court file will be rejected.
Any Orders submitted without the corresponding motion or petition in the court file will be rejected.
Criminal cases
Page 4 | D. Submission of Orders
Materials or case law for the judge to review before a hearing must be submitted at least ten days before the hearing.
Should you wish for the judge to review materials or case law prior to a hearing, please submit at least ten (10) days prior to your hearing
Criminal cases
Page 2 | B. Scheduling Procedures
Service and Proof of Service Rules
A party scheduling a hearing must provide notice to all other parties.
Any party scheduling a hearing shall provide notice to all other parties.
Criminal cases
Page 2 | B. Scheduling Procedures
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders and update Form 2.603 when their registered electronic-service email changes, unless excused from providing an address.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. 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 registered for electronic service.
Criminal cases
Page 2 | A. Communications with the Judicial Office
Copies are provided by e-service, and the moving party must serve all non-registered parties.
*** Copies provided via e-service only. The Moving party is responsible for the service of all non-registered parties. ***
Criminal cases
Page 7
Courtesy Copy Requirements
Counsel must provide the Court in advance with courtesy copies of case law they plan to rely on.
Courtesy copies of case law that counsel plans to rely upon shall be provided to the Court in advance of the scheduled hearing.
Criminal cases
Page 4 | E. Courtesy Copies of Case Law and Other Documents
Pre-Motion Conference Requirements
If the attorney cannot obtain the client’s signed consent, the motion must be set for a hearing with at least five days’ notice to the parties.
If the attorney is unable to obtain a signed consent from their client, the motion must be set for a hearing with at least 5 days' notice to the parties.
Criminal cases
Page 5 | H. Pretrial Procedures
Adjournment & Extension Requirements
Continuances are disfavored and require good cause; when the State does not object, counsel may file a written motion and proposed order through the e-portal, while motions must comply with Rule 2.085(e) or be made orally on the record, and must include the State’s position.
Continuances are disfavored and will be granted only upon good cause shown. If counsel is requesting a continuance and there is no objection from the State, Counsel may file a written Motion to Continue and submit a proposed Order through the e-portal to the Court. Motions for continuance must strictly comply with Rule 2.085(e) or be made orally on the record in open court. The motion must include the State’s position.
Criminal cases
Page 2 | B. Scheduling Procedures
Chambers Communication Rules
Emails to the judicial office must copy all parties unless an ex parte communication is authorized 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.
Criminal cases
Page 1 | A. Communications with the Judicial Office
Communications to the judicial office must be emailed to the judicial assistant, with the case number and case name in the subject line.
Method of Communication: Communications to the judicial office must be submitted by e-mail to Nicole.daniels@flcourts18.org. The subject line should contain the case number and case name.
Criminal cases
Page 1 | A. Communications with the Judicial Office
If a client in custody will enter a plea at Docket Sounding, contact the Judicial Assistant no later than 3:30 p.m. the day before to arrange transport to the courtroom.
If your client is in custody, and there will be a plea at Docket Sounding, you must contact the Judicial Assistant no later than the day before at 3:30 pm to have the Defendant transported to the courtroom.
Criminal cases
Page 5 | H. Pretrial Procedures
If a client in custody will enter a plea at arraignment, contact the Judicial Assistant no later than 3:30 p.m. the day before to arrange transport to the courtroom.
If your client is in custody, and there will be a plea at arraignment, you must contact the Judicial Assistant no later than the day before at 3:30 pm to have the Defendant transported to the courtroom.
Criminal cases
Page 5 | H. Pretrial Procedures
After coordinating a hearing with the appropriate parties, email the judicial assistant to confirm its date, time, and courtroom.
Once the hearing has been coordinated with all appropriate parties, email the JA to confirm the date, time, and courtroom.
Criminal cases
Page 2 | B. Scheduling Procedures
The scheduling attorney must advise the judicial assistant when a hearing is continued or cancelled so it can be removed from the docket.
If a hearing is continued or cancelled, it is the responsibility of the scheduling attorney to file a Notice of Cancellation and advise the judicial assistant that the scheduled hearing is continued or cancelled, so that it is removed from the Court’s docket.
Criminal cases
Page 3 | B. Scheduling Procedures
If you feel that you have an emergency or other urgent matter, please contact the JA.
If you feel that you have an emergency or other urgent matter, please contact the JA.
Criminal cases
Page 4 | F. Emergency and Other Urgent Matters
After filing a motion for rehearing or reconsideration, email a copy to the Judicial Assistant for the judge’s review and hearing determination; if a hearing is required, the Judicial Assistant will contact counsel to coordinate it.
Once you have filed your Motion for Rehearing/Reconsideration, please email a copy to the Judicial Assistant so that the Judge can review and determine whether a hearing is necessary. If the Court requires a hearing, the Judicial Assistant will contact you to coordinate one.
Criminal cases
Page 5 | H. Pretrial Procedures