Judge Michelle Vitt Baker
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Amended Notice of Hearing, Cross Notice of Hearing
Court-wideMotion
Court-wide- Within 10 Days After Service
Notice of Hearing
Court-wideObjection to Order of Referral to General Magistrate
Court-wide- 1 copy • Email
Adjournments
Court-wideRequest must include
Communication
Chambers
Clerk
Clerk
Phone
Court-wideChambers
Document Format Requirements11 rules
Exhibits must be provided to the Court as printed hard copies; video or audio recordings must be on a labeled compact or digital video disk, and digital or electronic-format exhibits are not accepted.
- Exhibits
Formatting
- •Each party must provide the Court hard-copy, printed exhibits
- •The Court will not accept exhibits in digital or electronic format
Court's wording
a. Each party shall provide the Court with hard-copy, printed exhibits. If an exhibit consists of a video or audio recording, it shall be submitted to the Court on a compact disk or digital video disk. The face of the disk shall bear the case number and exhibit label as described below. The Court will no longer accept exhibits in digital or electronic format
Orders submitted after a hearing: send to the JA, via email, complete with signature and date lines for the Court. Please indicate the date of hearing in the email. Also, No CODES in orders submitted via email.
- Order
Formatting
- •Indicate the hearing date in the email
- •Do not include codes in orders submitted via email
FILING REQUIREMENTS • Each filing must contain a Cover Letter and only one proposed order.
COVER LETTER PDF format • PROPOSED ORDER Word document (.docx extension). No additional formatting – text boxes, macros, headers, footers, etc.
- Cover letter
- Proposed order
Formatting
- •Cover letters must be in PDF format
- •Proposed orders must be Word documents with a .docx extension
b. An exhibit sticker shall be places in the lower right-hand corner (or as close thereto as is possible without interfering with the text or substance of the document).
Exhibit stickers must identify the party and exhibit letter, and each label must state the case number and hearing date.
Court's wording
Each sticker shall state “Petitioner’s Exhibit *” or “Respondent’s Exhibit *” with “*” being each letter of the alphabet beginning with the letter “A.” When/If you get to “Z” on your exhibits, you will continue with “AA,” etc. d. Each label shall state the case number and date of the hearing.
Exhibits must be Bates stamped, and the index must identify each exhibit by its letter and stamped number series.
- Exhibits
Formatting
- •All exhibits must be Bates stamped
Court's wording
All of the exhibits shall be Bates stamped for easier identification. The index shall identify the exhibit, with the corresponding exhibit letter and the dates stamped number series for each such exhibit. (Example: Petitioner’s Exhibit A – Petitioner’s Financial Affidavit – 1 – 13).
Please provide case law and exhibits to the Judicial Assistant at least 5 days prior to the hearing. Hard Copies must be submitted. They are not permitted via email.
- File type
- Paper
- Case law
- Exhibits
Use the phrase “Done and Ordered” as the last portion of the order for the Judge’s signature and date codes. The Date and Signature codes must be on their own line and in
There can be no characters or verbiage or use of the tab key or space bar before or after the codes.
all Capital letters with all four letters in each field. The Signature code, JJJJ, must be aligned left or center or right.
Document Filing Requirements15 rules
If you are cancelling a hearing, you MUST immediately contact the JA via email to cancel the hearing and then immediately file a notice of cancellation.
Once a date is coordinated, please email the JA to confirm and set hearing. Please include in the notice of hearing the teams link and the physical court address.
Orders must include the specified certification language, and the moving party must serve non-registered self-represented parties by first-class U.S. mail within five days of e-service and file counsel’s signed certificate of delivery.
Court's wording
Orders must also contain the following language: I HERBY CERTIFY that copies have been furnished via e-service only MMMM. Moving party is responsible for service of all non- registered pro-se parties and/or within 5 days from the date of eservice of this Order/Judgment the Plaintiff shall: Furnish a copy of this Order/Judgment to each self- represented party by US Mail, first class, postage paid; and, file a certificate signed by Counsel that delivery of the Order/Judgment as been made as set forth herein.
Brevard e-portal filings require DJMCA codes on proposed orders.
If you are submitting an Order resulting from a ruling made at a hearing, please email the Order (with NO CODES, complete with Done and Ordered and the Judge’s signature line) to the Judicial Assistant: lisa.walters@flcourts18.org
Motion for Substitution of Counsel (signed by both the party and counsel).
Stipulated Orders/Final Judgments: The Stipulation, signed by both parties, should be e-filed with the Clerk prior to submitting the proposed document.
If party is pro se, and no email address has been provided, please include the following on the notice: The physical Court address and teams link information.
All submissions shall include an index of the exhibits.
- Document
- Exhibits
Must include
- •Exhibit list
Failure to do so may result in your hearing being canceled or being reset.
The moving party shall be responsible for preparation of any orders following the hearing, unless otherwise ordered by the Court.
All such orders shall be submitted for review to the opposing party prior to submitting the same to the Court.
The case style must reference to the Eighteenth Judicial Circuit, i.e., IN THE COUNT COURT OF THE 18TH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA.
Motion to Withdraw (as long as the Client consents).
When a notice for trial, specify the amount of time requested; forward a copy directly to the JA
Filing & Service rules
Electronic Filing Rules
Proposed orders other than those submitted after a hearing by email must be e-filed through the portal’s Proposed Documents section using the specified Brevard County and Viewer/Judicial selections.
All other proposed orders must be e-filed through the Proposed Documents section of the portal in the jurisdictional map; choose Brevard County from the drop-down menu and select Viewer/Judicial.
Page 4 | Preparation of Orders
The listed matters may be submitted through the portal without being set for a hearing.
The following matters do not need to be set for a hearing and may be submitted through the portal.
Page 5 | Matters Not Requiring a Hearing
Filing Timing and Cure Windows
Exhibits must be delivered to the Court at least three business days before the hearing begins.
Exhibits shall be delivered to the Court at least three (3) business days before the scheduled commencement date of the hearing.
Page 2 | EVIDENTIARY HEARINGS
Do not submit a proposed order until the clerk’s office has accepted the documents.
Please DO NOT submit proposed order until after your documents have been accepted by the clerk’s office.
Page 5 | Preparation of Orders
The stipulation for a stipulated order or final judgment should be e-filed with the Clerk before the proposed document is submitted.
Stipulated Orders/Final Judgments: The Stipulation, signed by both parties, should be e-filed with the Clerk prior to submitting the proposed document.
Page 5 | Matters Not Requiring a Hearing
Service and Proof of Service Rules
The parties must exchange exhibits and confer about each exhibit's admissibility at least five full business days before the hearing; reaching agreement is encouraged.
The parties must exchange exhibits and confer about the admissibility of each exhibit at least five (5) full business days prior to the hearing; The parties are encouraged to reach an agreement as to the admissibility of all evidence.
Page 2 | EVIDENTIARY HEARINGS
The moving party must ensure non-registered self-represented parties receive the order by first-class U.S. mail within five days of e-service, and counsel must file a signed certificate of delivery.
Moving party is responsible for service of all non- registered pro-se parties and/or within 5 days from the date of eservice of this Order/Judgment the Plaintiff shall: Furnish a copy of this Order/Judgment to each self- represented party by US Mail, first class, postage paid; and, file a certificate signed by Counsel that delivery of the Order/Judgment as been made as set forth herein.
Page 4 | Preparation of Orders
The party scheduling a hearing must notify the other party even after the court has entered a default.
A party scheduling the hearing shall provide notice to the other party even if a default has been entered by the Court.
Page 3 | Notice of Hearings
The filer must select themself in the e-service list.
Filer must select himself/herself in the e-service list.
Page 4 | Preparation of Orders
Chambers Communication Rules
When cancelling a hearing, immediately email the Judicial Assistant and immediately file a notice of cancellation.
If you are cancelling a hearing, you MUST immediately contact the JA via email to cancel the hearing and then immediately file a notice of cancellation.
Page 2 | CANCELLING HEARINGS
An order resulting from a hearing ruling must be emailed to the Judicial Assistant at the stated address.
If you are submitting an Order resulting from a ruling made at a hearing, please email the Order (with NO CODES, complete with Done and Ordered and the Judge’s signature line) to the Judicial Assistant: lisa.walters@flcourts18.org
Page 5 | Orders Resulting from a Hearing
If cancelling a hearing within five days of its date, contact the Judicial Assistant because the docket will already be prepared.
If you are cancelling a hearing within 5 days from the date of the hearing, please contact the JA since dockets will already be prepared for the Judge.
Page 2 | CANCELLING HEARINGS
To schedule a hearing, email the Judicial Assistant the specified case and hearing details, coordinate a date, and email to confirm it.
Please contact the Judicial Assistant at the above email address and provide the following information: Case number, Case Style, Motion to be heard, amount of time being requested, whether the hearing will be in person, or virtual and opposing counsel, if any. The JA will respond with available hearing time to coordinate with opposing. Once a date is coordinated, please email the JA to confirm and set hearing.
Page 2 | PROCEDURES FOR SCHEDULING HEARINGS
For eviction and uncontested dissolution of marriage special-set hearings, parties may email the Judicial Assistant for a hearing time, and all parties must be included in the correspondence.
You may contact the Judicial Assistant for hearing time by email regarding these case types. All parties much be included in the correspondence to the Judicial Assistant.
Page 3 | Special Set Hearings
For an uncontested dissolution of marriage hearing request, contact the Pro Se Coordinator several days before the hearing to review and confirm that the required documents are complete.
On Uncontested Dissolution of Marriage hearing requests, you must contact the Pro Se Coordinator at the Clerk's office to review and confirm you have all the needed documents and paperwork required to go forward on the hearing several days prior to the hearing date. The Pro Se Coordinator can be reached at: prosecoordinator@brevardclerk.us
Page 3 | Special Set Hearings
Before the small claims date, contact the Clerk by email to obtain the docket number for each case you will appear on or cover.
Prior to the small claims date: You must contact the Clerk by email to obtain the docket number for the case(s) that you are appearing on or covering. The Court will ask for the docket number when addressing your case. The Clerk can be contacted at: VieraCivilCourtClerks@brevardclerk.us
Page 6 | Small Claims – Pretrial Conference
If the parties agree on an order’s language, they may submit it to the court by email to the Judge’s Judicial Assistant.
If the parties agree to the language of an order, it may be submitted to the Court via email to the Judge’s JA
Page 4 | Preparation of Orders