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Court Rules
Judge Susan Stacy
Judge

Judge Susan Stacy

Individual Rules, Standing Orders & Policies

Eighteenth Judicial Circuit of Florida, Brevard and Seminole Counties

Limits & Logistics

Courtesy Copies

Amended Notice of Hearing, Cross Notice of Hearing

Court-wide
  • Email

Motion

Court-wide
  • Within 10 Days After Service

Notice of Hearing

Court-wide
  • Email

Objection to Order of Referral to General Magistrate

Court-wide
  • 1 copy • Email

Communication

Email

Chambers

anne.brezina@flcourts18.org
SchedulingEmergencies
Phone

Chambers

(407) 665-4939
Filters:

Document Format Requirements5 rules

FormattingMandatory

If there is an Evidentiary hearing or Trial to take place the parties MUST Premark all their exhibits for ID in letter format i.e. “Plaintiff’s Ex A” or “Defendant’s Ex B”

Judge Stacy Policy and Procedures · p. 3
|SectionEvidentiary hearing or Trial Exhibits
FormattingMandatory

ALL proposed Orders should be submitted through the e-portal (in Word format) along with a separately filed cover letter (in PDF format).

File type
Word
Applies to
  • Proposed order
FormattingMandatory

If there is an Evidentiary hearing or Trial to take place the parties MUST Premark all their exhibits for ID in letter format i.e. “Plaintiff’s Ex A” or “Defendant’s Ex B”

FormattingMandatory

Jury instructions shall be in 12-point type with Times New Roman font and follow the format of the Standard Jury Instructions in Criminal Cases.

Font
Times New Roman
Font size
12 points
Applies to
  • Jury instructions
FormattingImportant

Please highlight the differences in the competing orders so the judge may ascertain them without difficulty.

Formatting

  • Highlight differences between competing proposed orders

Document Filing Requirements17 rules

Filing RequirementsMandatory

The docket number for the Motion should be included in the Notice of hearing.

Filing RequirementsMandatory

The proposed Order allowing withdrawal of counsel must reflect the following: a) The client's name, address, telephone number, and e- mail address

Judge Stacy Policy and Procedures · p. 4
|SectionMOTION TO WITHDRAW AS COUNSEL
Filing RequirementsMandatory

Please make sure the motion and notice of hearing have a certificate of service that indicates they were mailed to the client.

Document
Motion to withdraw as counsel and notice of hearing

Include

  • Certificate of service
Judge Stacy Policy and Procedures · p. 4
|SectionMOTION TO WITHDRAW AS COUNSEL
Filing RequirementsMandatory

A notice of hearing must specifically state the matter(s) to be heard. A notice of hearing that states "All Pending Motions" is a nullity.

Filing RequirementsMandatory

If the parties are represented by counsel and/or all parties (including pro se) are listed in the e-portal for e-service, the Order does not require and should not contain a certificate of service, but rather state the following

Filing RequirementsMandatory

Every proposed order must include the specified DDDD date and JJJJ judge-signature placeholders for electronic population.

Court's wording

ORDERED and ADJUDGED on this DDDD(for the date the court signed it to be electronically populated) JJJJ(for the Judge’s signature to be electronically populated)

Filing RequirementsMandatory

Copies have been furnished via the Florida Courts E-filing portal to the following: CCCC (for the service list to electronically populate in the order)

Filing RequirementsMandatory

**** You must add all 4 letters in all caps and both fields, DDDD and JJJJ for the order to be signed, or it will be rejected for resubmission once corrected

Filing RequirementsMandatory

For the Order to be electronically signed in ICMS the format of the order MUST NOT have the actual date, “Circuit Judge” or “Judicial Assistant” signature line within the order, and MUST contain the following language on EVERY ORDER:

Filing RequirementsMandatory

Therefore, if the defendant has not yet waived speedy trial and the defendant files a written Motion to Continue in the court file, a signed waiver by the defendant must also be included.

Filing RequirementsMandatory

Any motion for continuance must be made in writing, signed by counsel for the parties, and shall state when the cause will be ready for trial.

Filing RequirementsImportant

Please do not send a copy of the Notice of hearing to the Judge; just file the original Notice in the court file.

Filing RequirementsImportant

If you have a court reporter, please place the name and email address on the notice or order setting the hearing in the body of the email.

Filing RequirementsImportant

If the matter was heard and the court ruled, the cover letter should confirm that opposing counsel has reviewed the order and has no objection to the form of the order.

Filing RequirementsImportant

**If all parties on the service list are in the e-portal, a certificate of service is not necessary; if they are not, then please provide the following certificate of service:

Filing RequirementsImportant

If the parties agreed upon the order without a hearing, the cover letter should confirm that opposing counsel has reviewed the order and has no objection to the form of the order.

Filing RequirementsNote

In the alternative, you may submit the order without a cover letter and title the order Agreed Order to indicate the order was agreed upon by both parties.

Filing & Service rules

Electronic Filing Rules

Amended notices and cross notices of hearing must be e-filed.

Please make sure that Amended Notices and/or Cross Notice of Hearings are e-filed.

Page 4 | CROSS NOTICING/PIGGY BACKING/CHANGING MOTION(S)

Do not drop off or fax an emergency motion to the Judge because it will not be reviewed before the hearing.

EMERGENCY HEARING: DO NOT drop off or fax your emergency motion to the Judge. It will not be reviewed before the hearing.

Page 6 | ORDERS

Submit proposed orders through the e-portal in Word format with a separately filed cover letter in PDF format.

ALL proposed Orders should be submitted through the e-portal (in Word format) along with a separately filed cover letter (in PDF format).

Page 6 | ORDERS

Self-represented litigants are instructed to register for the EPortal to receive and file documents electronically.

Please register for the EPortal so you can electronically receive and file documents.

Page 4 | FLORIDA SELF-REPRESENTED LITIGANTS (PRO-SE)

Filing Timing and Cure Windows

When there are more than 50 premarked exhibits, provide them to the Clerk at least a day before the hearing or trial begins.

provide them to the Clerk at least a day before the hearing or s trial is scheduled to commence if the pre-marked exhibits number more than fifty(50) exhibits.

Page 3 | Evidentiary hearing or Trial Exhibits

When there are 50 or fewer premarked exhibits, provide them to the Clerk at least one hour before the hearing or trial begins.

provide them to the Clerk at least an hour before the hearing or trial is scheduled to commence if the pre-marked exhibits number fifty(50) exhibits or less

Page 3 | Evidentiary hearing or Trial Exhibits

The order must be filed within one week after the hearing date when the court has ruled.

After a hearing is completed and the court has ruled, you MUST file the order within one week of the date the hearing took place.

Page 9

When there are more than 50 premarked exhibits, they must be provided to the Clerk at least a day before the hearing or trial begins.

and at least a day before the hearing or s trial is scheduled to commence if the pre-marked exhibits number more than fifty(50) exhibits.

Page 9 | TRIALS

The pro se party must submit any objections in writing to the court within five days.

stating that the pro se party must voice any objections in writing to the court within 5 days.

Page 9

When there are 50 or fewer premarked exhibits, the exhibits must be provided to the Clerk at least one hour before the hearing or trial begins.

provide them to the Clerk at least an hour before the hearing or trial is scheduled to commence if the pre-marked exhibits number fifty(50) exhibits or less

Page 9 | TRIALS

Draft jury instructions must be provided to the Court by noon on the Friday before trial.

All draft jury instructions should be provided to the Court by noon on the Friday before trial.

Page 10 | TRIALS

Service and Proof of Service Rules

If the attorney cannot obtain signed client consent to withdraw, the motion must be set for hearing with at least five days’ notice to the parties.

If a signed consent is unable to be obtained, then the motion MUST be set for hearing with at least 5 days’ notice to the parties.

Page 4 | MOTION TO WITHDRAW AS COUNSEL

A party scheduling a hearing must notify the other parties, including parties who have been defaulted by the court.

Any party scheduling a hearing MUST provide notice to the other parties even if defaulted by the court.

Page 4 | NOTICE OF HEARING

Copy all parties on emails to the judicial office unless the communication is legally authorized to be ex parte.

All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

Page 5 | COMMUNICATIONS WITH JUDICIAL OFFICE

When the other party is self-represented, send the proposed order simultaneously to that party and the court with a cover letter.

If the other party is pro se, a copy of the proposed order is to be sent simultaneously to the pro se party and to the court with a cover letter

Page 8 | Proposed Orders

A hearing may be canceled pending proper notice if an appointed Guardian Ad Litem was not notified.

If a Guardian Ad Litem appointed in the case is not given notice of the hearing, the hearing may be subject to cancellation by the court pending proper notice to the Guardian Ad Litem.

Page 4 | NOTICE OF HEARING

Pre-Motion Conference Requirements

Do not set a rehearing or reconsideration hearing without prior approval.

Do NOT set a hearing unless you receive approval first.

Page 5 | MOTION FOR REHEARING/RECONSIDERATION

A party adding a motion to an existing hearing without needing additional time must obtain permission from the party who set the hearing to share that time.

If you wish to add a motion to a previously set hearing date and do not need more time, you must contact the party who set the hearing and obtain permission to share their time.

Page 4 | CROSS NOTICING/PIGGY BACKING/CHANGING MOTION(S)

Adjournment & Extension Requirements

If the defendant has not submitted a signed written waiver with the motion, the defendant must testify to the waiver under oath before the court.

Otherwise, the defendant is required to testify to the waiver under oath before the court.

Page 9 | TRIALS

A defense request to continue trial requires a speedy-trial waiver on the record.

If the defense requests a continuance of a trial, a waiver of speedy trial is required by the court to be made on the record.

Page 9 | TRIALS

The court will consider the continuance motion after the speedy-trial waiver is completed in writing or on the record.

Once a waiver of speedy trial is completed in writing or on the record, the court will consider the motion.

Page 9 | TRIALS

Chambers Communication Rules

Only the party that scheduled a hearing may cancel it, and the scheduling attorney must email the judicial assistant.

Only the party that scheduled the hearing may cancel the hearing. The attorney who scheduled the hearing must email the Judicial Assistant.

Page 3 | CANCELING

If an emergency hearing is needed within 24 hours, email the Judicial Assistant and attach the emergency motion for the Court’s review.

If you feel that your motion is an emergency (An example of an emergency issue is a person “seriously” endangered) and need the Judge to stop what they are doing to hold a hearing within 24 hours, contact Judge Stacy’s Judicial Assistant at Anne.Brezina@flcourts18.org and attach your emergency motion for the Court’s review and determination.

Page 6 | ORDERS

A hearing lasting more than one hour must be confirmed with the Judicial Assistant.

IF YOU NEED A HEARING FOR MORE THAN ONE HOUR, YOU WILL HAVE TO CONFIRM IT WITH THE JUDICIAL ASSISTANT.

Page 2 | HEARINGS

Do not send the judge a copy of an amended notice or cross notice of hearing.

Please do not send a copy of your Amended Notice or Cross Notice of Hearing to the Judge.

Page 4 | CROSS NOTICING/PIGGY BACKING/CHANGING MOTION(S)

If additional hearing time is needed, parties may seek another available hearing with the judicial assistant or have the original scheduling party cancel and reschedule for sufficient time.

If you need additional time, you may either set a new hearing with the Judicial Assistant for that same date and time, if available, or have the party who set the original hearing cancel theirs and reschedule it for a timeslot with sufficient time for both hearings.

Page 4 | CROSS NOTICING/PIGGY BACKING/CHANGING MOTION(S)

File the original notice of hearing with the clerk and do not send a copy to the judge.

Please do not send a copy of your Notice of Hearing to the Judge; just file the original with the clerk.

Page 4 | NOTICE OF HEARING

Have the case name and case number available when communicating with the Judicial Assistant by phone or email.

Please make sure to have the case name and case number to discuss in the telephone conversation or email.

Page 5 | COMMUNICATIONS WITH JUDICIAL OFFICE

A message to the Judicial Assistant must include the case name, case number, and a valid callback number.

If you leave a message, please state your case name, the case number you are calling about, and a valid contact phone number to respond.

Page 5 | COMMUNICATIONS WITH JUDICIAL OFFICE

Parties may contact the presiding judge’s Judicial Assistant for scheduling needs.

Contact the presiding judge’s Judicial Assistant for your scheduling needs.

Page 1 | Scheduling Hearings

Retrieve and schedule 15-, 30-, or 60-minute hearings by emailing the Judicial Assistant.

15, 30, or 60-minute hearing times are to be retrieved and scheduled by emailing the Judicial Assistant – Anne.Brezina@flcourts18.org

Page 2 | HEARINGS

While waiting for a Teams hearing, parties should email the judicial assistant rather than call.

The Judicial assistant is available by email during the Teams videoconference hearings. Please attempt to email rather than call her while you are waiting for your hearing.

Page 3 | Remote Hearings

After filing a rehearing or reconsideration motion, a copy may be emailed to the Judicial Assistant for review; the Judge may rule without a hearing or the Judicial Assistant may direct counsel to set one.

Once a Motion for Rehearing/Reconsideration is filed with the Clerk’s office, a copy can be e-mailed to the Judicial Assistant for review. The Judge will either make a ruling on the motion, without a hearing, and copies will be sent out, or the JA will contact your office to let you know to set a hearing.

Page 5 | MOTION FOR REHEARING/RECONSIDERATION

Communications may be made by phone or email to the Judicial Assistant using the listed contact information.

All communications may be by phone or email with Judge Stacy’s Judicial assistant, Anne Brezina, at (407) 665-4939 or by email at Anne.Brezina@flcourts18.org.

Page 5 | COMMUNICATIONS WITH JUDICIAL OFFICE

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.

About Judge Susan Stacy
  • Elected by 60% of the vote in November 2014.
  • Elected Circuit Judge by the citizens of Brevard and Seminole Counties in 2015.
  • Serves in Division J - Criminal.
  • Earned a Bachelor of Business Administration with double majors in Finance and Marketing.
  • Earned a Master of Business Administration in Labor Relations/Human Resource Administration.
  • Earned a Juris Doctor with an emphasis in Employment Law.
  • Worked in education, human resource administration, labor relations, law firms, and corporations before becoming a judge.
  • Served as Administrative Judge for Civil Division and Jury Management Judge for four years.
  • Appointed a Judicial Mentor by the Florida Supreme Court and teaches and mentors new judges.
  • Received the Above and Beyond Award from Child Advocacy Group.
  • Location: Seminole Criminal Justice Center Sanford, Seminole
  • Address: 101 Eslinger Way, Sanford, FL 32773-6707
  • Email (judicial assistant): Anne.Brezina@flcourts18.org
  • Judicial assistant: Anne Brezina
Common questions about Judge Susan Stacy's rules

Does Judge Susan Stacy require a pre-motion conference or letter before filing a motion?

Do not set a rehearing or reconsideration hearing without prior approval.

View ruleSource: page 5, section MOTION FOR REHEARING/RECONSIDERATION

What formatting rules apply to filings before Judge Susan Stacy?

Judge Susan Stacy's formatting rule includes premark all exhibits for identification in letter format, such as “plaintiff’s ex a” or “defendant’s ex b”.. For an evidentiary hearing or trial, parties must premark each exhibit for identification using a letter format.

View ruleSource: page 3, section Evidentiary hearing or Trial Exhibits

What must be included with notice of hearing filings before Judge Susan Stacy?

The Notice of Hearing should include the motion’s docket number.

View ruleSource: page 2, section HEARINGS

What must be included with motion to withdraw as counsel and notice of hearing filings before Judge Susan Stacy?

The rule requires certificate of service. The withdrawal motion and hearing notice must include a certificate of service stating that they were mailed to the client.

View ruleSource: page 4, section MOTION TO WITHDRAW AS COUNSEL

How may parties contact Judge Susan Stacy's chambers?

Only the party that scheduled a hearing may cancel it, and the scheduling attorney must email the judicial assistant.

View ruleSource: page 3, section CANCELING

How do I request an adjournment or extension before Judge Susan Stacy?

A defense request to continue trial requires a speedy-trial waiver on the record.

View ruleSource: page 9, section TRIALS

Is electronic filing required before Judge Susan Stacy?

Yes. Electronic filing is required for the covered filings. Amended notices and cross notices of hearing must be e-filed.

View ruleSource: page 4, section CROSS NOTICING/PIGGY BACKING/CHANGING MOTION(S)

What filing deadlines does Judge Susan Stacy set?

The pro se party must submit any objections in writing to the court within five days.

View ruleSource: page 9

What rule applies to serving all parties before Judge Susan Stacy?

Details: recipient: all parties. A party scheduling a hearing must notify the other parties, including parties who have been defaulted by the court.

View ruleSource: page 4, section NOTICE OF HEARING
Complete rules summary for Judge Susan Stacy

Parties may contact the presiding judge’s Judicial Assistant for scheduling needs.

Retrieve and schedule 15-, 30-, or 60-minute hearings by emailing the Judicial Assistant.

A hearing lasting more than one hour must be confirmed with the Judicial Assistant.

The Notice of Hearing should include the motion’s docket number.

Do not send a copy of the Notice of Hearing to the Judge; file the original Notice in the court file.

While waiting for a Teams hearing, parties should email the judicial assistant rather than call.

When a court reporter is involved, include the reporter’s name and email address in the email body accompanying the hearing notice or order.

For an evidentiary hearing or trial, parties must premark each exhibit for identification using a letter format.

When there are 50 or fewer premarked exhibits, provide them to the Clerk at least one hour before the hearing or trial begins.

Only the party that scheduled a hearing may cancel it, and the scheduling attorney must email the judicial assistant.

A party adding a motion to an existing hearing without needing additional time must obtain permission from the party who set the hearing to share that time.

If additional hearing time is needed, parties may seek another available hearing with the judicial assistant or have the original scheduling party cancel and reschedule for sufficient time.

Amended notices and cross notices of hearing must be e-filed.

A hearing notice must identify the specific matters to be heard; a notice stating “All Pending Motions” is a nullity.

A party scheduling a hearing must notify the other parties, including parties who have been defaulted by the court.

A hearing may be canceled pending proper notice if an appointed Guardian Ad Litem was not notified.

File the original notice of hearing with the clerk and do not send a copy to the judge.

The withdrawal motion and hearing notice must include a certificate of service stating that they were mailed to the client.

A proposed order allowing withdrawal of counsel must state the client’s name, address, telephone number, and email address.

After filing a rehearing or reconsideration motion, a copy may be emailed to the Judicial Assistant for review; the Judge may rule without a hearing or the Judicial Assistant may direct counsel to set one.

Communications may be made by phone or email to the Judicial Assistant using the listed contact information.

Self-represented litigants are instructed to register for the EPortal to receive and file documents electronically.

Have the case name and case number available when communicating with the Judicial Assistant by phone or email.

A message to the Judicial Assistant must include the case name, case number, and a valid callback number.

If an emergency hearing is needed within 24 hours, email the Judicial Assistant and attach the emergency motion for the Court’s review.

Submit proposed orders through the e-portal in Word format with a separately filed cover letter in PDF format.

Copy all parties on emails to the judicial office unless the communication is legally authorized to be ex parte.

Proposed orders must be in Word format, and their separately filed cover letters must be in PDF format.

An order for electronic signature in ICMS must omit the actual date and the Circuit Judge and Judicial Assistant signature lines, and must include the required electronic-signature language.

Every proposed order must include the specified DDDD date and JJJJ judge-signature placeholders for electronic population.

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