Judge Samuel Bookhardt III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- No Later Than Three Days Before Hearing
Amended Notice of Hearing, Cross Notice of Hearing
Court-wideMotion
Court-wide- Within 10 Days After Service
Notice of Hearing
Court-wide
Adjournments
Court-wideRequest must include
Communication
Chambers
Chambers
Phone
Chambers
Document Format Requirements6 rules
All proposed orders must be submitted in WORD format
The Court requires parties to attend in person for any hearings scheduled for 1 hour or longer.
- At least 1 page
Formatting
- •In-person attendance is required for hearings scheduled for 1 hour or longer
This Court does not allow remote appearance for pre-trial conferences. This is a MANDATORY in person appearance proceeding, requiring lead trial counsel to appear in person.
- Pretrial conference
Formatting
- •Remote appearance is not allowed; lead trial counsel must appear in person
Place the four-letter date and signature codes in capitals on their own line; right-align JJJJ and place no characters or whitespace before or after the codes.
Court's wording
The Date and Signature codes must be on their own line and all in Capital letters with all four letters in each field. The Signature code, JJJJ, must be aligned to the right. Example: There can be no characters, verbiage, or use of the tab key or space bar before or after the codes.
Courtesy materials must be submitted in hard-copy form by an accepted delivery method; digital binders are not accepted.
- File type
- Paper
Court's wording
• Format: hard copies. • Submission Method: Hard copies are to be submitted to this office by courier, U.S. mail, FedEx, UPS, or personally delivered to the receptionist on the 4th floor. The Court does not accept digital binders.
No additional formatting – text boxes, macros, header, footer, etc.
Formatting
- •No additional formatting, including text boxes, macros, headers, or footers
Document Filing Requirements14 rules
at the end of the motion and above the signature block, the movant must include a certificate of conferral pursuant to this rule.
- Document
- Motion
- Placement
- Signature block
Must include
- •Certificate of conference
A notice of hearing involving any remote appearance must list the judicial team's link. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Each proposed order must be accompanied by a cover letter stating whether the parties agree or identifying any disagreement, with the motion attached.
Court's wording
All proposed orders must be submitted in WORD format, and must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order. The motion in question must be attached to the cover letter.
this language MUST be included in the Notice of Hearing
Each filing must contain a Cover Letter with the motion attached and one proposed order.
Use the phrase “Done and Ordered” as the last portion of the order for the Judge’s signature and date codes.
All orders granting a motion to withdraw as counsel must include the specified status-hearing language and the applicable plaintiff or defendant warning.
Court's wording
The Court requires the following language to be included in all orders granting motion to withdraw counsel: “This case is set for a Status Hearing on (contact JA for hearing date).” (for Plaintiff) “Failure to comply with this Order and appear at the Status Hearing will create a presumption that Plaintiff no longer wishes to participate in this lawsuit and the Court may sua sponte or on motion of the opposing party impose sanctions against the Plaintiff, including the imposition of fees and costs, striking pleadings, entry of default, and/or dismissal.” (for Defendant) “Failure to comply with this Order and appear at the Status Hearing will create a presumption that Defendant no longer
Brevard eportal requires DJMCA codes on all proposed orders.
Orders involving pro se litigants must include the specified language requiring the moving party to mail a copy and file counsel’s signed delivery certificate within five days of eservice.
Court's wording
Orders with PRO SE LITIGANTS must include the following language: It is further ORDERED and ADJUDGED that within 5 days from the date of eservice of this Order/Judgment, the moving party shall: 1. Furnish a copy of this Order/Judgment to each self-represented party by U.S. Mail, first class, postage paid, and 2. File a certificate signed by the moving party’s counsel that delivery of this Order/Judgment has been made as set forth herein
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
Pre-marked exhibits for identification must be brought in person at the time of the hearing, together with an exhibit log/index. If the hearing is virtual, pre-marked exhibits together with an exhibit log/index need to be sent to the Court to be received at least 3 days prior to the hearing.
All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk (for jury trials only), the court, and each party to review during the hearing or trial.
Pre-marked ===== PAGE 6 ===== exhibits must be labeled in the following format: Plaintiff or Defendant using letters A-Z for each side. An evidence log/index is also required.
A rehearing or reconsideration motion must be accompanied by a proposed order with a checkbox for denial or setting the motion for a hearing.
- Document
- Motion
Must include
- •Proposed order
Court's wording
If a motion for rehearing/reconsideration is filed in a case, parties shall email the Judicial Assistant (including opposing counsel) a copy of the motion for the Court to review, along with a proposed order with a box to check for the Court to either deny the motion or to have the motion set for a hearing.
Filing & Service rules
Electronic Filing Rules
Agreed orders and orders following a hearing should be submitted through the eportal with a cover letter, attached motion, and proposed order containing the appropriate codes.
All orders should be submitted through the eportal with a cover letter (and the motion attached) and a proposed order with the appropriate codes.
Page 4 | D. Submission of Orders and Judgments
Proposed orders must be submitted through the E-Filing portal.
E-Filing portal.
Page 4 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
A notice of hearing must be filed within 24 hours after hearing time is reserved and must include the document number of the motion being heard.
A notice of hearing must be filed and served within 24 hours after reserving hearing time, and must include the document number for the motion being heard.
Page 2 | B. Scheduling Procedures
A motion must be filed and accepted by the Clerk’s office before a hearing is scheduled on JACS.
Before scheduling a hearing on JACS, the motion must be filed and accepted by the Clerk’s office, as JACS will require the document number in the case file.
Page 2 | B. Scheduling Procedures
Within 60 days after filing one of the listed motions or objections, the movant must confer with opposing counsel and either submit a proposed agreed order or schedule a hearing and file a notice of hearing, or the motion or objection may be deemed abandoned and denied.
within sixty (60) days from the date of filing of a motion listed herein, the movant must confer with opposing counsel and either 1) submit a proposed Agreed Order or 2) coordinate and schedule a hearing and file a Notice of Hearing. Otherwise, the Motion/Objection is deemed abandoned and could be denied for said reason.
Page 6 | I. Other Division Procedures
Service and Proof of Service Rules
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders and update their contact information on Form 2.603 when their 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.
Page 2 | A. Communications with the Judicial Office
A notice of hearing must be served within 24 hours after hearing time is reserved.
A notice of hearing must be filed and served within 24 hours after reserving hearing time, and must include the document number for the motion being heard.
Page 2 | B. Scheduling Procedures
Immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.
Page 3 | B. Scheduling Procedures
The moving party must mail the order to each self-represented party and file counsel’s signed delivery certificate within five days after eservice.
within 5 days from the date of eservice of this Order/Judgment, the moving party shall: 1. Furnish a copy of this Order/Judgment to each self-represented party by U.S. Mail, first class, postage paid, and 2. File a certificate signed by the moving party’s counsel that delivery of this Order/Judgment has been made as set forth herein
Page 4 | D. Submission of Orders and Judgments
Parties must exchange witness lists, evidence lists, and a brief synopsis of each expert’s expected testimony at least five days before an evidentiary hearing.
Evidentiary Hearings: Parties must exchange witness list, evidence list, and a brief synopsis of what each expert will be testifying about at least 5 days prior to the evidentiary hearing.
Page 5 | G. Exhibits for Evidentiary Proceedings
A copy of a rehearing or reconsideration motion must be emailed to opposing counsel as well as the Judicial Assistant.
If a motion for rehearing/reconsideration is filed in a case, parties shall email the Judicial Assistant (including opposing counsel) a copy of the motion for the Court to review, along with a proposed order with a box to check for the Court to either deny the motion or to have the motion set for a hearing.
Page 6 | I. Other Division Procedures
Courtesy Copy Requirements
Courtesy copies must be delivered to the court no later than three days before the hearing.
Courtesy copies must be delivered to the court no later than three days before the hearing.
Page 5 | E. Courtesy Copies of Case Law, Hearing Binders, Memorandums
Pre-Motion Conference Requirements
Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party to try to resolve the issue.
Pursuant to Rule 1.202, (a) before filing a non- dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issue raised in the motion
Page 2 | B. Scheduling Procedures
Chambers Communication Rules
A notice of hearing must be emailed to the judicial assistant.
A notice of hearing must be emailed to the judicial assistant.
Page 2 | B. Scheduling Procedures
To cancel a hearing, immediately notify the judicial assistant and cancel the hearing in JACS.
You must cancel hearings by notifying the judicial assistant immediately, and also cancel the hearing in JACS.
Page 3 | B. Scheduling Procedures
When the Court has reserved ruling, email the judicial assistant a cover letter and a WORD-format proposed order with a wet-signature line.
Proposed Orders when the Court has reserved ruling: Email the judicial assistant a cover letter and proposed order in WORD format with a signature line for a “wet” signature.
Page 4 | D. Submission of Orders and Judgments
When a rehearing or reconsideration motion is filed, the parties must email the Judicial Assistant, including opposing counsel, a copy of the motion and a proposed order with options to deny the motion or set it for hearing.
If a motion for rehearing/reconsideration is filed in a case, parties shall email the Judicial Assistant (including opposing counsel) a copy of the motion for the Court to review, along with a proposed order with a box to check for the Court to either deny the motion or to have the motion set for a hearing.
Page 6 | I. Other Division Procedures
Communications to the judicial office must be emailed to the listed address with the case number, case name, and relevant matter in the subject line.
All communications to the judicial office must be submitted by e-mail to valerie.mackey@flcourts18.org. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 SC – Doe v. Doe - 2-Hour Hearing Requested).
Page 1 | A. Communications with the Judicial Office
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.
Page 1 | A. Communications with the Judicial Office
General questions may be asked by phone, but questions about a specific case must be submitted in writing.
This court can also answer general questions by phone; however, questions related to a specific case need to be in writing.
Page 1 | A. Communications with the Judicial Office
The court will not consider unsolicited communications from non-parties, and parties may contact the judicial office only as permitted by these procedures.
Unsolicited communications from non- parties will not be considered by the court. Parties may only contact the judicial office in accordance with these practices and procedures.
Page 2 | A. Communications with the Judicial Office
Parties must not engage in argumentative email discussions with one another through the judicial assistant.
• Email Etiquette: Parties shall not engage in argumentative discussions with one another through email to the judicial assistant.
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Questions regarding Case Management should be directed to lori.todd@flcourts18.org.
• Circuit Civil Case Management Plan/Order: Any questions regarding Case Management should be directed to lori.todd@flcourts18.org
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