Judge Steven B. Whittington
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
Courtesy copies
Courtesy Copy
Exhibits
Adjournments
- Continuances are disfavored, require good cause, and must be requested at least five days before the scheduled court date; absent good cause, the requesting party must sign the motion.
Communication
Chambers, Clerk
Phone
Court-wideDocument Format Requirements4 rules
Format: All proposed orders must be submitted in Word format through the e-portal.
- File type
- Word
- Proposed order
• Format: Exhibits must be submitted to the Clerk of the Court in paper format.
- File type
- Paper
Exhibits must be labeled in the following format: ‘Petitioner/Plaintiff 1’ or ‘Respondent/Defendant A.’
• Format: PDF or Word document.
- File type
Document Filing Requirements8 rules
Counsel must file a certificate of service confirming service of the order and related documents with the Clerk.
Court's wording
Counsel shall serve a copy of this order, together with a copy of the Case Management Order Setting Projected Trial Date and Case Management Deadlines, any Order Setting Trial and Pretrial, and any current Notices of Hearing to Plaintiff by United States Postal Service and email, and file a certificate of service confirming the same with the Clerk of the Court.
Notice of Hearing: A notice of hearing will be filed and served immediately after reserving hearing time.
All notices of hearing will contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
A notice of hearing involving any remote appearance will list the Judge’s Zoom credentials.
- Document
- Notice of hearing
Include
- •The Judge’s Zoom credentials
All proposed orders 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.
All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order.
- Document
- Proposed order
- Placement
- Caption
Must include
- •Consent or Agreed
A party seeking an emergency hearing must file a detailed motion stating the issues, reasons for emergency relief, and time needed for each party’s presentation.
Court's wording
• Requirements: 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.
Proposed orders should contain the date the motion was heard (date of hearing), if any, and the date the motion was filed.
Filing & Service rules
Electronic Filing Rules
Parties must submit all proposed orders in Word format through the e-portal.
All proposed orders must be submitted in Word format through the e-portal.
Page 4 | D. Submission of Orders and Judgments
Consent or agreed proposed orders must be submitted to the Court through the e-portal.
Consent/Agreed proposed orders must be submitted to the Court via e-portal.
Page 4 | D. Submission of Orders and Judgments
Competing or contested proposed orders should not be filed through the e-portal and instead should be emailed to the Judicial Assistant for further instructions.
Competing/Contested proposed orders should not be filed through the e-portal. These should be emailed to the JA for further instructions.
Page 4 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
Within 30 days of the withdrawal order, Plaintiff must either have new counsel file a written appearance or file written notice of self-representation.
Within 30 days from the date of this Order, Plaintiff shall either: Retain new counsel and have that counsel file a written appearance with the Clerk of the Court; or File a written notice with the Clerk of the Court advising that Plaintiff will represent himself/herself.
Page 1 | ORDER GRANTING MOTION TO WITHDRAW
All hearing materials must be received by the Court at least three business days before the hearing.
Submission Deadlines: The Court must receive all materials for the hearing no later than three (3) business days before the hearing.
Page 3 | B. Scheduling Procedures
Proposed orders must be submitted within ten days after the hearing unless the Court directs otherwise.
Deadline for Submissions: Proposed orders must be submitted within ten (10) days after any hearing unless otherwise directed by Court.
Page 4 | D. Submission of Orders and Judgments
All exhibits must be received in chambers three days before the evidentiary proceeding.
• Deadline for Submissions: All exhibits must be received in chambers three (3) days before the evidentiary proceeding.
Page 5 | G. Exhibits for Evidentiary Proceedings
Criminal scheduling change requests should be submitted no later than Thursday morning because the Clerk prints calendars on Thursdays and Fridays.
Criminal Scheduling: The Judicial Assistant may offer a one-time administrative pass date to counsel. Change requests should be submitted no later than Thursday mornings as the Clerk prints calendars on Thursdays and Fridays.
Page 3 | B. Scheduling Procedures
Service and Proof of Service Rules
Counsel must serve Plaintiff by United States Postal Service and email with the order and specified related documents, then file a certificate of service with the Clerk.
Counsel shall serve a copy of this order, together with a copy of the Case Management Order Setting Projected Trial Date and Case Management Deadlines, any Order Setting Trial and Pretrial, and any current Notices of Hearing to Plaintiff by United States Postal Service and email, and file a certificate of service confirming the same with the Clerk of the Court.
Page 1 | ORDER GRANTING MOTION TO WITHDRAW
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.
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.
Page 1 | ORDER GRANTING MOTION TO WITHDRAW
Plaintiff must notify the Clerk of any change in mailing or designated email address within 10 days after the change during the withdrawal-compliance period or after electing self-representation.
During the time period set forth in paragraph 3 above, or in the event the Plaintiff elects to represent himself/herself by filing the written notice referenced in paragraph 3 above, Plaintiff is responsible for notifying the Clerk of the Court of any change in mailing address, or designated email address(es), within ten (10) days of the change.
Page 1 | ORDER GRANTING MOTION TO WITHDRAW
Service of a notice of hearing must occur immediately after hearing time is reserved.
Notice of Hearing: A notice of hearing will be filed and served immediately after reserving hearing time.
Page 3 | B. Scheduling Procedures
Service is complete when the papers are mailed or emailed.
Service shall be complete upon mailing or emailing.
Page 1 | ORDER GRANTING MOTION TO WITHDRAW
Courtesy Copy Requirements
Courtesy copies of case law must be submitted to the Court for every evidentiary proceeding.
When Required: Courtesy copies of case law must be submitted to the Court for any evidentiary proceeding.
Page 4 | E. Courtesy Copies of Case Law and Other Documents
Voluminous courtesy copies must be placed on a flash drive and delivered to the Court, with permission for the Court to destroy them because they have already been filed with the Clerk.
• If voluminous, parties must place courtesy copies on a flash drive and deliver to the Court with permission for the Court to destroy because these copies have been filed with the Clerk.
Page 5 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies must be submitted electronically.
• Submission Method: Courtesy copies shall be submitted via electronic submission.
Page 5 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies must reach the Court at least three days before the hearing, with simultaneous copies provided to all other parties.
• Deadline for Submissions: Courtesy copies must be delivered to the Court at least three (3) days prior to the hearing with copies provided to all other parties at the same time.
Page 5 | E. Courtesy Copies of Case Law and Other Documents
Attorneys and self-represented litigants must bring enough copies of each exhibit for the clerk, Court, and each party to review at the hearing or trial.
All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the Court, and each party to review during the hearing or trial.
Page 5 | G. Exhibits for Evidentiary Proceedings
Adjournment & Extension Requirements
Continuances are disfavored, require good cause, and must be requested at least five days before the scheduled court date; absent good cause, the requesting party must sign the motion.
Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five (5) days prior to the scheduled court date. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Page 3 | B. Scheduling Procedures
Chambers Communication Rules
All parties must be copied on emails to the judicial office 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
All communications to the judicial office must be sent by email to durhaml@clayclerk.com, with a subject line identifying the case number, case name, and relevant matter.
All communications to the judicial office must be submitted by e-mail to durhaml@clayclerk.com. The subject line must contain the case number, case name, and relevant matter (e.g., 2026 CF 001234 SC – State v. Doe - 2-Hour Hearing Requested.)
Page 1 | A. Communications with the Judicial Office
Only the hearing-setting party may seek cancellation, the request must be emailed to the Judicial Assistant with opposing counsel copied, and cancellation must be confirmed by the Judicial Assistant.
Cancelling Hearings: Only the party setting a hearing may cancel it with permission of the Court. Request for cancellation must be emailed to the Judicial Assistant with a copy to opposing counsel. Cancellation of a hearing MUST be confirmed with and by the Judicial Assistant.
Page 3 | B. Scheduling Procedures
Ex parte communications concerning emergency motions or petitions are prohibited.
• Other Procedures Relating to Emergency and Other Urgent Matters: There must be no ex parte communication concerning emergency motions/petitions.
Page 5 | F. Emergency and Other Urgent Matters
The Court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the Court.
Page 1 | A. Communications with the Judicial Office
A party requesting a hearing on a pending motion must contact the Judicial Assistant and all other parties by email at durhaml@clayclerk.com.
The party requesting a hearing on any pending motion should contact the Judicial Assistant with all other parties by email at durhaml@clayclerk.com.
Page 2 | B. Scheduling Procedures
The Court does not communicate with parties outside a hearing and will not consider ex parte communications by telephone, email, or mail.
The Court is not permitted to communicate with parties outside of a hearing. The Court is unable to consider ex parte communication, including telephonic, email and mail.
Page 2 | A. Communications with the Judicial Office
Defendants and other interested parties must direct questions, concerns, and court-attendance issues to the attorney of record.
Defendants and other interested parties must contact the attorney of record with any questions, concerns or court attendance issues.
Page 2 | A. Communications with the Judicial Office
Hearing dates provided by the court are provisional, are not reserved, and may be assigned to other cases.
Dates provided for hearings are not held and may be given to other cases.
Page 2 | B. Scheduling Procedures
Counsel must arrange and test presentation technology in advance and coordinate technological issues with the Court's Information Technology department to avoid delay.
Technology Needs: The Court allows parties to use technology in their trial and hearing presentations. Counsel is responsible for having any technology set-up and ready to use during the trial or hearing without causing unnecessary delay. Please contact the Court’s Information Technology department at https://www.jud4.org/Technology.aspx to coordinate any technological issues in advance of the trial or hearing.
Page 4 | C. Appearances