Judge Jeb Branham
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
Trial or Hearing Set Memo
Court-wide
Communication
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Court-wideDocument Format Requirements8 rules
The first and last name of anyone who wants to participate in a hearing by Zoom must be displayed to be admitted.
- Zoom appearance
Formatting
- •The participant's first and last name must be displayed to be admitted
Hard copy proposed orders should contain full date lines, full signature lines, and full service information.
- Proposed order
Formatting
- •Full date lines
- •Full signature lines
- •Full service information
Courtesy copies of cases sent to the Court should be emailed to kbend@coj.net in .pdf format.
- File type
Do not use abbreviations unless absolutely necessary.
Distracting backgrounds should be replaced with software-generated backgrounds or blurred out.
Formatting
- •Replace distracting backgrounds with software-generated backgrounds or blur them
Zoom participants should treat a Zoom appearance like any other court appearance.
Video should be off and microphones muted while waiting for a case to be called.
Participants should not be walking around, driving, etc.
Document Filing Requirements25 rules
A proposed order may not be submitted without a pending request or stipulation for relief, and an agreed order must identify who agreed and include evidence or a detailed explanation of the agreement.
Court's wording
Proposed orders should never be submitted without some request or stipulation for relief being on the docket. Agreed orders should say in them who specifically has agreed to the requested relief. Evidence of the agreement should be submitted with the motion or other request for relief or the motion should detail the specific circumstances of the agreement.
A motion or other pleading must state its grounds, which will usually include the relief sought, undisputed and disputed pertinent facts, and the constitutional provisions, statutes, rules, or case law authorizing or prohibiting the relief.
Court's wording
Florida Rule of Criminal Procedure 3.190 requires “Each motion or other pleading [to] state the ground or grounds on which it is based.” Stating the “grounds” for a motion will usually entail at least the following: i. What is the relief sought? ii. What are the undisputed facts, or facts that must be taken as true, that are pertinent to granting or denying the relief sought? iii. What are the disputed facts, if any, pertinent to granting or denying the relief sought that must be resolved before the court rules? iv. What constitutional provisions, statutes, rules, or case law authorize or prohibit the relief sought?
Motions to impose pretrial detention by revoking bail must have some evidentiary support, such as attaching a sworn arrest and booking report or filing a timely request for judicial notice.
Use the current versions of the plea forms found here: https://www.jud4.org/court-administration/felony-plea-forms.
The fine box should only contain fines that are being assessed.
A separate plea form should be filled out for each case a defendant is resolving. Multiple cases should not be consolidated onto one plea form.
Special conditions of probation should be listed in the Probation Conditions section, not the Negotiated Sentence section. That section should just list the length of the probationary term.
For sentences involving a withhold of adjudication of guilt, jail time must be a special condition of probation.
Fill out the parts pertaining to costs, restitution, and Marsy’s Law compliance.
The count, charge, etc. box should contain only the crimes that the defendant is pleading guilty to.
The plea forms are court filings signed by counsel and should be given the care and attention to detail that all court filings should receive.
A scoresheet must be provided to the Court before sentence is imposed, ideally at the beginning of the sentencing hearing.
Court's wording
The Court must be provided with a scoresheet prior to imposition of sentence, Navarro v. State, 416 So. 3d, 1217, 1222-23 (Fla. 5th DCA 2025) (sentencing without a scoresheet for the judge to consider is fundamental error), ideally at the beginning of the sentencing hearing.
Renewed or subsequent bail motions should state the changes in circumstances that justify the new request for modification of earlier-imposed conditions of pre-trial release.
For an unopposed motion or agreed proposed order, the movant should identify who agreed for the opposing party and, when appropriate, include information about the victim’s consent in the motion or an attached exhibit.
- Document
- Motion
Must include
- •Proposed order
Court's wording
If a motion is unopposed or a proposed order is agreed to, the movant should state in the motion who agreed on behalf of the opposing party. If appropriate, include information about the victim’s consent to the proposed relief. This information needs to be included in the motion or attached to it as an exhibit so it becomes a matter of record that all parties and the court can rely on.
Bail motions should connect the case facts and defendant circumstances to the statutory and rule-based factors governing bail, including affordability of bail or bond.
Court's wording
Bail motions should tie the facts of the case and the defendant’s circumstances to Florida’s statutory and rule-based factors, FLA. STAT. § 903.046(1) (2025); FLA. R. CRIM. P. 3.131(3) (2026); Mehaffie v. Rutherford, 143 So. 3d 432 (Fla. 1st DCA 2014) (discussing affordability of bail or bond), that govern setting bail.
Avoid sending uncited cases to the court or just sending copies of cases instead of a written opposition to a motion.
If case law will be relied upon, cite it in the motion or response, and use pinpoint citations.
Other special conditions that require the defendant to accomplish something (for example, a TASC evaluation or an apology letter) should have a deadline.
Restitution paid as a condition of probation should ordinarily have minimum monthly payments, a due date for the first payment, and due dates for subsequent payments.
The State should provide the defendant with a scoresheet prior to a sentencing hearing, including one conducted as part of a plea bargain.
Counsel for the defense and state should be ready to address the defendant’s record for the court’s guidance.
vi. What is that burden, i.e. probable cause, preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt, etc.?
viii. What, if any, findings does the law require the Court to make before granting or denying the relief sought?
v. Who bears the burden of establishing entitlement to the relief sought?
vii. Is granting or denying the relief sought discretionary or mandatory?
Filing & Service rules
Electronic Filing Rules
Proposed orders should be submitted through the Florida Courts’ E-Filing Portal only after all parties agree and Marsy’s Law requirements are satisfied when applicable.
Proposed orders should be submitted through the Florida Courts’ E-Filing Portal only after all parties have agreed to the submission of the order and Marsy’s Law has been complied with when it applies.
Criminal cases
Page 1 | 3. PROPOSED ORDERS
If a proposed order is submitted through the E-Filing portal, a hard copy should not be submitted.
If a proposed order is submitted through the E-Filing portal, a hard copy should not be submitted.
Criminal cases
Page 1 | 3. PROPOSED ORDERS
For a contested matter, a proposed order need not be submitted through the E-Filing portal and may instead be brought to the hearing.
There is no need to submit a proposed order through the E-Filing portal for a contested matter. Just bring a proposed order to the hearing.
Criminal cases
Page 1 | 3. PROPOSED ORDERS
Courtesy Copy Requirements
Courtesy copies of cases sent to the Court should be emailed to kbend@coj.net in PDF format.
Courtesy copies of cases sent to the Court should be emailed to kbend@coj.net in .pdf format.
Criminal cases
Page 3 | 4. PRE-TRIAL MOTIONS — E. Case Law
Hardcopies of cases need not be sent to the Court.
There is no need to send hardcopies.
Criminal cases
Page 3 | 4. PRE-TRIAL MOTIONS — E. Case Law
Pre-Motion Conference Requirements
A hearing on a non-emergency motion will not be scheduled until the motion is filed and opposing counsel has had a reasonable time to review it.
No hearings will be scheduled on non-emergency motions until after the motion is filed with the court and opposing counsel has had a reasonable time to review it.
Criminal cases
Page 2 | 5. PRE-TRIAL MOTIONS
The court will determine the facial sufficiency of a motion to suppress before setting a hearing.
Facial sufficiency for motions to suppress will be determined before setting a hearing.
Criminal cases
Page 2 | 5. PRE-TRIAL MOTIONS
Lawyers should confer before filing whenever possible to determine whether a contested motion can become an agreed motion.
Whenever possible, the lawyers should confer before filing to see if a contested motion can become an agreed motion.
Criminal cases
Page 2 | 5. PRE-TRIAL MOTIONS
Adjournment & Extension Requirements
A motion for continuance must show good cause and be made in good faith.
Motions for continuance must show good cause, and they must be made in good faith. FLA. R. CRIM. P. 3.190(f) (2026).
Criminal cases
Page 4 | 6. TRIALS — B. Motions for Continuance
Chambers Communication Rules
Counsel may request an administrative pass by emailing Judicial Assistant Kristy Bend, copying opposing counsel, and stating the case progress, next steps, and requested date by 2:00 the day before the next appearance, subject to several stated conditions.
Instead of calling a case during calendar, counsel can get an administrative pass under these conditions: A. Counsel emails Judicial Assistant Kristy Bend at kbend@coj.net, with a copy to opposing counsel, stating what has been done on the case since the last pass date, what will be done on the case before the next pass date, and the requested pass date. B. All counsel agree that it is not necessary to call the case during calendar. C. An email to request an administrative pass or add a case to the calendar must be sent by 2:00 the day before the next scheduled appearance. D. All that is needed from the Court is an additional pre-trial date. E. The requested pass date is no more than three weeks from the last pass date. F. The case has not been administratively passed for more than two consecutive pass dates. G. The requested pass date is more than two weeks before the final pretrial conference. Final pretrial conferences may not be administratively passed or cancelled.
Criminal cases
Page 1 | 1. ADMINISTRATIVE PASSES