Judge Brian M. Toti
Individual Rules, Standing Orders & Policies
Adjournments
- A continuance motion must be set for hearing or have consent from all parties.
- A request to continue a hearing or trial requires filing the proper motion with the clerk.
- A hearing generally may be cancelled only after settlement, filing a notice withdrawing the motion, or submitting an agreed order.
Request must include
Communication
Chambers
Chambers
Document Format Requirements3 rules
PLEASE SUBMIT ORDERS IN WORD FORMAT (.docx) ONLY (NO PDF DOCUMENTS WILL BE ACCEPTED).
- File type
- Word
Formatting
- •PDF documents are not accepted
Please do not split the certificate of service on 2 pages.
PLEASE DO NOT FORMAT THE PROPOSED ORDERS WITH THE CODES FOR SUBMISSION THROUGH THE E-PORTAL.
Document Filing Requirements12 rules
ALL PROPOSED ORDERS shall include a certificate of service in compliance with Florida Rule of General Practice and Procedure 2.516.
- Document
- Proposed order
Must include
- •Certificate of service
Proposed orders must include a copy of the motion, a cover letter that identifies the hearing it relates to and whether the order is agreed-upon by all parties.
Please be sure to include your case number, the total amount of time being requested by all parties as well as the motion that is to be heard.
- Document
- Hearing request
Include
- •Case number
The certificate of service must substantially contain the quoted certification language and list the parties.
Court's wording
The certificate of service shall contain language substantially similar to the following: “I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.”
You must prepare an Amended Notice of Hearing or Trial.
Please double-check your orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Lake County).
- Document
- Proposed order
- Placement
- Caption
If a Notice of Hearing has been filed, you must prepare a Notice of Cancellation and file it with the Clerk’s office and notify the other parties.
Proposed orders may only be submitted in advance of scheduled hearings if the hearing date and time is specifically referenced.
When preparing your notice of hearing, please include the docket number for the motion(s) that will be heard.
The Court cannot and will not review exhibits submitted prior to its admission as evidence.
It is STRONGLY suggested that you do not send a proposed order until the matter has been heard.
The parties and counsel of record are encouraged to confer and stipulate to the admissibility of evidence, if possible, and to determine whether documents already filed within the record may be judicially noticed.
Filing & Service rules
Filing Timing and Cure Windows
Case law and memoranda for an upcoming hearing may be submitted electronically to Toni Mann, preferably at least five days before the hearing.
Any party desiring to submit case law and/or a memorandum of law for an upcoming hearing may submit these materials electronically to Toni Mann at tmann@circuit5.org. The Court desires that these materials be submitted at least 5 days prior to the scheduled hearing.
Page 1 | SUBMITTING CASE LAW AND PROSPECTIVE EVIDENCE
Service and Proof of Service Rules
Attorneys and self-represented litigants must update their registered electronic-service email information using Form 2.603 whenever the email account changes.
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 1 | COMMUNICATION WITH THE COURT
For a self-represented litigant not using portal e-service, the proposed order must provide for U.S. mail service and a filed notice of service within five days after order entry.
In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.
Page 1 | PROPOSED ORDERS
All parties or their attorneys must be copied on correspondence to the court.
All other parties to the case (or their attorneys, if they are represented) must be copied on all correspondence to the Court.
Page 1 | COMMUNICATION WITH THE COURT
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.
Page 1 | COMMUNICATION WITH THE COURT
Courtesy Copy Requirements
Courtesy copies of evidence need not be provided before a hearing.
It is NOT necessary to provide courtesy copies of evidence in advance of any hearing.
Page 1 | In-Person Hearings
Adjournment & Extension Requirements
A hearing generally may be cancelled only after settlement, filing a notice withdrawing the motion, or submitting an agreed order.
As a general rule, hearings may only be cancelled if the case has settled, a Notice of Withdrawal of the Motion has been filed, or an Agreed Order has been submitted to the Court.
Page 1 | TO CANCEL A HEARING OR TRIAL
A request to continue a hearing or trial requires filing the proper motion with the clerk.
The proper motion must be filed with the Clerk’s office.
Page 1 | TO CONTINUE A HEARING OR TRIAL
A continuance motion must be set for hearing or have consent from all parties.
You must schedule a hearing on your motion or have consent from all parties to continue.
Page 1 | TO CONTINUE A HEARING OR TRIAL
Chambers Communication Rules
Scheduling requests must be emailed to Toni Mann at tmann@circuit5.org.
For scheduling requests, please email Toni Mann at tmann@circuit5.org.
Page 1 | SCHEDULING HEARINGS
Proposed orders must be submitted to the court only by email.
ALL PROPOSED ORDERS shall be submitted for entry by email ONLY.
Page 1 | PROPOSED ORDERS
A copy of the notice of cancellation must be emailed to the judge’s office.
You must also send a copy of the Notice of Cancellation to the Judge’s office to tmann@circuit5.org
Page 1 | TO CANCEL A HEARING OR TRIAL
Hearings longer than 15 minutes must be held in person, with the request sent to the judge’s office by email.
Hearings that exceed 15 minutes must be in-person. Please send your request to tmann@circuit5.org
Page 1 | In-Person Hearings
To request a continuance, notify the judicial assistant by email.
You must contact the Judicial Assistant at tmann@circuit5.org to notify the Court of the request to continue.
Page 1 | TO CONTINUE A HEARING OR TRIAL
To cancel a hearing or trial, contact the judicial assistant by email and state the reason for cancellation.
You must contact the Judicial Assistant at tmann@circuit5.org to notify the Court of the cancellation and state the reason for cancellation.
Page 1 | TO CANCEL A HEARING OR TRIAL
After coordinating the new date, contact the judicial assistant to place the hearing or trial on the court calendar.
Once the date is coordinated, you must contact the Judicial Assistant to actually put it on the calendar.
Page 1 | TO CONTINUE A HEARING OR TRIAL
Any communication with the judicial assistant must include all parties or counsel.
Any communication to /with the Judicial Assistant shall include all parties or counsel.
Page 1 | SUBMITTING CASE LAW AND PROSPECTIVE EVIDENCE
Written communications to the judge’s office should be sent by email with party names and the case number in the subject line.
All written communication with Judge Toti’s office should be submitted via email. The subject line of your email should include the names of parties and case number (e.g., State v. John Doe, 2025-CP-9876).
Page 1 | COMMUNICATION WITH THE COURT
The judicial assistant may not provide legal advice.
The Judicial Assistant is not authorized to provide legal advice.
Page 1 | COMMUNICATION WITH THE COURT
Judge Toti’s office should be contacted by email at tmann@circuit5.org.
The best way to communicate with Judge Toti’s Office is via email at tmann@circuit5.org
Page 1 | Office Information
The judicial assistant aims to respond to inquiries within one business day.
The Judicial Assistant strives to respond to all inquiries within one (1) business day.
Page 1 | COMMUNICATION WITH THE COURT
Proposed orders must be submitted to JudgeTotiProposedOrders@circuit5.org.
For Order submission, please email: JudgeTotiProposedOrders@circuit5.org
Page 1 | PROPOSED ORDERS