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Court Rules
Judge

Judge Mark Borello

Individual Rules, Standing Orders & Policies

Fourth Judicial Circuit of Florida, Clay, Duval and Nassau Counties

Limits & Logistics

Courtesy Copies

Trial or Hearing Set Memo

Court-wide
  • Email

Communication

Email
Court-wide

Clerk

durhaml@clayclerk.com
Scheduling
Phone
Court-wide
904-255-1180
Scheduling
Hours: 10:00 a.m. to 2:00 p.m. Monday through Thursday
Email
Court-wide

Chambers

Emergencies
Filters:

Document Format Requirements2 rules

FormattingImportant

Counsel shall coordinate with the Deputy Clerk of the Court the pre-marking of all exhibits prior to the presentation of testimony.

CR-D-Trial-Order-for-Website · p. 2|Section9. EXHIBITS
FormattingImportant

It shall be the responsibility of counsel to make sure that appropriate evidence stickers are placed on each exhibit prior to the presentation of evidence.

CR-D-Trial-Order-for-Website · p. 2|Section9. EXHIBITS

Document Filing Requirements2 rules

Filing RequirementsMandatory

Prior to the presentation of evidence, the State and the defense shall provide the Court and the Deputy Clerk of Court with exhibit lists and possible witnesses that may be called to testify during trial.

Document
Exhibit and witness lists

Must include

  • Exhibit list
CR-D-Trial-Order-for-Website · p. 2|Section10. EXHIBIT AND WITNESS LISTS
Filing RequirementsMandatory

Counsel for the State and the defense shall provide the Court with requested Jury Instructions at the time of jury selection.

CR-D-Trial-Order-for-Website · p. 2|Section11. JURY INSTRUCTIONS

Filing & Service rules

Filing Timing and Cure Windows

Pleadings may not be amended after the Final Pre-Trial Conference without the Court's approval.

No amendment to any pleadings shall be permitted after the Final Pre-Trial Conference without approval of the Court.

Page 1 | 5. AMENDMENT OF PLEADINGS

All evidentiary motions must be filed one week before the scheduled Final Pre-Trial.

All evidentiary motions shall be filed one week prior to the scheduled Final Pre-Trial.

Page 1 | 2. MOTIONS

Motions in limine must be filed no later than the Final Pre-Trial Conference.

All motions in limine shall be filed prior to or on the date of the Final Pre-Trial Conference.

Page 1 | 4. MOTIONS IN LIMINE

Every continuance motion must be in writing and filed by the Final Pre-Trial Conference.

All Motions for Continuance shall be in writing and must be filed by the Final Pre-Trial Conference.

Page 1 | 7. MOTIONS FOR CONTINUANCE

Service and Proof of Service Rules

When impeachment by a prior inconsistent statement is planned, counsel must furnish a copy of the statement to the witness during trial testimony.

In the event the State or the defense shall desire to impeach a witness by a prior inconsistent statement, a copy of the prior statement shall be furnished to the witness at trial while they are testifying.

Page 2 | 13. IMPEACHMENT BY PRIOR INCONSISTENT STATEMENT

Adjournment & Extension Requirements

A continuance based on a witness's failure to appear for a deposition will normally be denied unless the reason is investigated and the facts are presented by the close of the next court date.

Motions for Continuance will normally not be granted for the non-appearance of witnesses at depositions unless the ===== PAGE 2 ===== reason for the non-appearance of the witness has been investigated, and the facts of the non-appearance have been brought to the Court’s attention by the close of the next Court date following the non-appearance of the witness.

Page 2 | 7. MOTIONS FOR CONTINUANCE

Court-wide rules

Applies court-wide

These 62 rules apply across Fourth Judicial Circuit of Florida, Clay, Duval and Nassau Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 30
  • Applies to
    Motion to set for hearing

    A motion to set a hearing is required when the requested hearing will exceed one hour.

  • Applies to
    Notice of hearing

    The notice of hearing must satisfy Rule 2.530(b), including identifying the communication technology and providing access directions.

  • Applies to
    Remote hearing request

    A motion is required for remote non-evidentiary hearings over 30 minutes, evidentiary hearings, trials, and requests to present testimony through communication technology.

Filing Timing

All 13

  • Counsel may not file a notice of hearing until the court confirms the hearing by email.

  • Counsel must file a compliant notice of hearing within three days after hearing confirmation, identifying the communication technology and providing access directions.

  • A motion or order to cancel a sale must be received at least three days before the sale date.

Communication

All 7
  • Contact
    Email

    Proposed orders subject to this direction must be emailed directly to the judicial assistant.

  • The court will not consider ex parte communications by telephone, email, or mail.

  • Contact
    Email to chambers

    Emergency motions may be emailed to the judicial assistant for court review.

Service

All 6
  • Service
    Electronic service

    The court cannot use electronic service as the sole method for a party who has not filed a Notice of Designation of Email Address.

  • Service
    Email

    All pro se parties must serve a designation of a primary email address, and may obtain the form from the clerk of court.

  • Applies to
    Papers and pleadings
    Service
    Mail to opposing party

    All further papers and pleadings shall be served by mail to Plaintiff’s designated email address(es) or, if none, to Plaintiff’s mailing address, pursuant to paragraph six above. Service shall be complete upon mailing or emailing.

More categories

View all Fourth Judicial Circuit of Florida, Clay, Duval and Nassau Counties rules
About Judge Mark Borello

Circuit Judge Mark Borello was born in Florida in 1962. He graduated from The Florida State University College of Law in 1987, and began working for the State Attorney’s Office under Ed Austin that same year.

In 2012, Judge Borello was elected to take the seat of retiring Circuit Judge Charles Arnold. His first Judicial assignment was in Clay County, handling Family, Civil and Probate Cases.

Judge Borello is currently assigned to the Felony Criminal Division in Duval County. He is currently the Administrative Judge for the Felony Divisions and the Problem-Solving Courts. He is married and has four children.

Division or court number: CR-D Court level: Circuit Courtroom or hearing room: 306/730

Common questions about Judge Mark Borello's rules

What must be included with exhibit and witness lists filings before Judge Mark Borello?

The rule requires exhibit list. Before evidence is presented, the State and defense must provide the Court and Deputy Clerk with exhibit lists and a list of possible trial witnesses.

View ruleSource: page 2, section 10. EXHIBIT AND WITNESS LISTS

What must be included with jury instructions filings before Judge Mark Borello?

The State and defense must provide the Court with their requested jury instructions when jury selection begins.

View ruleSource: page 2, section 11. JURY INSTRUCTIONS

How do I request an adjournment or extension before Judge Mark Borello?

A continuance based on a witness's failure to appear for a deposition will normally be denied unless the reason is investigated and the facts are presented by the close of the next court date.

View ruleSource: page 2, section 7. MOTIONS FOR CONTINUANCE

What filing deadlines apply to evidentiary motion filings before Judge Mark Borello?

All evidentiary motions must be filed one week before the scheduled Final Pre-Trial.

View ruleSource: page 1, section 2. MOTIONS

What service or proof of service rules apply before Judge Mark Borello?

When impeachment by a prior inconsistent statement is planned, counsel must furnish a copy of the statement to the witness during trial testimony.

View ruleSource: page 2, section 13. IMPEACHMENT BY PRIOR INCONSISTENT STATEMENT
Complete rules summary for Judge Mark Borello

All evidentiary motions must be filed one week before the scheduled Final Pre-Trial.

Motions in limine must be filed no later than the Final Pre-Trial Conference.

Every continuance motion must be in writing and filed by the Final Pre-Trial Conference.

A continuance based on a witness's failure to appear for a deposition will normally be denied unless the reason is investigated and the facts are presented by the close of the next court date.

Pleadings may not be amended after the Final Pre-Trial Conference without the Court's approval.

Counsel must coordinate with the Deputy Clerk to pre-mark all exhibits before testimony is presented.

Counsel must ensure that appropriate evidence stickers are placed on every exhibit before the evidence is presented.

Before evidence is presented, the State and defense must provide the Court and Deputy Clerk with exhibit lists and a list of possible trial witnesses.

The State and defense must provide the Court with their requested jury instructions when jury selection begins.

When impeachment by a prior inconsistent statement is planned, counsel must furnish a copy of the statement to the witness during trial testimony.

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