Judge Jose Rohaidy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Filings > 75 pages
Communication
Chambers
Document Filing Requirements5 rules
Executed Rights Waiver Forms should be submitted before a plea colloquy begins.
Discovery motions to compel or for sanctions require an attorney-signed certification of conferral describing the conferral efforts.
Court's wording
No pretrial motion to compel discovery or motion for sanctions under Rule 3.220(n) will be heard unless the moving party includes a certification, signed by an attorney of record in the attorney's individual name, that he or she has conferred or attempted to confer with the party failing to make discovery in an effort to secure the information or material without action by the Court. This certification shall include a brief, non-argumentative description of the efforts or attempted efforts made.
Motions to set aside bench warrants must be heard in person, unless otherwise allowed by the Court. If there is a bond on the case that was entreated, the motions must attach an affidavit from the bondsperson that the surety is willing to remain on bond. Failure to do so may result in denial of the motion.
A notarized rights waiver (including waived rights and deportation consequences) is required for counsel to appear for trial check-in or take a plea on the Defendant's behalf.
Court's wording
A duly executed waiver is required from the Defendant for the defense attorney to appear for trial check-in and to take a plea on behalf of the Defendant. The waiver must include the rights the Defendant waives and the deportation consequences because of taking the plea. The rights waiver must be signed by the Defendant and notarized.
A proposed order may be electronically submitted in Word format to chambers if accompanied by a motion signed by both parties or an email or other proof indicating agreement or non-opposition.
- Document
- Proposed agreed order
Include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
When fingerprints may be filed by the Defense, the original fingerprint card must be e-filed before the Defendant takes the plea.
If the State allows the Defense to file the fingerprints, then, the original fingerprint card needs to be e-filed prior to the Defendant taking the plea.
Page 1 | PLEAS
Filing Timing and Cure Windows
Pretrial objections to the admissibility of audio or video evidence disclosed in discovery must be made at or before the pretrial conference at which the case is set for trial. Any objection to the admissibility of such evidence made during trial will be denied as untimely unless the party opposing its admission can show that the basis for the motion could not have been identified earlier with the exercise of reasonable professional diligence.
Pretrial objections to the admissibility of audio or video evidence disclosed in discovery must be made at or before the pretrial conference at which the case is set for trial. Any objection to the admissibility of such evidence made during trial will be denied as untimely unless the party opposing its admission can show that the basis for the motion could not have been identified earlier with the exercise of reasonable professional diligence.
Page 1 | DISCOVERY OBJECTIONS
The moving party must email the Judicial Assistant (copying all parties) to set a motion for hearing within 10 days or the motion is deemed abandoned and summarily denied.
Once filed, the moving party must request that the motion be set for hearing within 10 days. The request should be made by e-mail to the Court's Judicial Assistant, with copies to all parties. If no request is made to set the motion for hearing within 10 days, it will be considered abandoned and summarily denied
Page 1 | MOTIONS
Motions in Limine must be filed at least 5 days before trial to be addressed pre-trial; late motions may be struck or cause a continuance.
standard Motions in Limine will be addressed pre-trial so long as it is filed five (5) days prior to same. Failure to timely comply with this directive may result in continuance of trial attributable to the non-compliant party or striking the Motion as untimely.
Page 1 | NOTICE
Pretrial motions in misdemeanor cases must be filed within 90 days of arraignment or risk denial as untimely.
Pretrial motions in misdemeanor cases must be filed with the clerk of court within 90 days of the arraignment at which an indictment or information is filed. Absent a showing that the basis for the motion could not have been identified within that time with the exercise of reasonable professional diligence, motions filed thereafter will be denied as untimely.
Page 1 | MOTIONS
Absent exceptional circumstances, motions may be special set for hearing no sooner than one (1) week before the case is set for trial. Id. Failure to comply with this directive may result in continuance of trial attributable to the non-compliant party.
Absent exceptional circumstances, motions may be special set for hearing no sooner than one (1) week before the case is set for trial. Id. Failure to comply with this directive may result in continuance of trial attributable to the non-compliant party.
Page 1 | NOTICE
Next-day calendar requests must be received by 3:00 PM and are limited to time-sensitive matters.
Requests to set cases on the following day's calendar must be received by 3:00 PM absent exceptional circumstances and are limited to time sensitive matters.
Page 1 | PLACING CASES ON CALENDAR
Service and Proof of Service Rules
Motions must be filed and served 5 days before hearing, a copy emailed to the Judicial Assistant upon filing with the required subject line format.
Motions must be filed and served upon opposing counsel five (5) days prior to being heard. See Fla. R. Gen. Practice and Jud. Admin. 2.514. A copy of the filed motion must be forwarded to the Judicial Assistant by e-mail once filed to ensure it is properly scheduled. E-mails must include the subject line: HRG 11/29/2021 M21-012345 JOHN DOE.
Page 1 | NOTICE
Motions for return of property require service on the holding agency and the State with at least 10 days' notice to the agency's legal department; failure to provide notice is grounds for denial.
Notices should be sent to the legal department for that agency with at least ten (10) days' notice. Both the motion and notice of hearing need to be served on the agency holding the property as well as on the State. Failure to file/provide notice/proof of notice to all interested parties will be grounds for denial of the motion.
Page 1 | MOTIONS
Courtesy Copy Requirements
Courtesy copies should be delivered to the Court by way of e-mail to the Judicial Assistant and copied to the other party or parties to the case no less than five (5) days before the scheduled hearing.
Courtesy copies should be delivered to the Court by way of e-mail to the Judicial Assistant and copied to the other party or parties to the case no less than five (5) days before the scheduled hearing.
Page 1 | MOTIONS
A courtesy copy of the motion shall be provided to the Judicial Assistant.
A courtesy copy of the motion shall be provided to the Judicial Assistant.
Page 1 | MOTIONS
Email submission of materials is preferred; parties must contact the Judicial Assistant for instructions if submissions exceed 75 pages.
The Court will read whatever materials are submitted by the parties and prefers e-mail submission (please contact the Judicial Assistant for additional instructions if submissions exceed 75 pages).
Page 1 | MOTIONS
Pre-Motion Conference Requirements
Before setting any motion for hearing, movant's counsel must confer or make a good-faith effort to confer with all affected parties.
Prior to setting any motion for hearing, counsel for the movant shall confer (orally or in writing), or make a reasonable effort to confer (orally or in writing), with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion.
Page 1 | HEARINGS
Chambers Communication Rules
All other motions must be filed with the Clerk and emailed to the Judicial Assistant; if no response within 24 hours, contact chambers by phone or email the Court Specialist.
The written motions must be filed with the Clerk of Courts and emailed to the Judicial Assistant, who will reply with a hearing date. If you do not get a response within 24 hours, kindly contact our office via telephone or email the Court Specialist.
Page 1 | MOTIONS
Please contact chambers by e-mail (eperdomo@jud11.flcourts.org), to request a matter be placed on calendar, other than for special set and/or evidentiary hearing. The opposing party must always be copied on the request. The request should indicate the Defendant's name, case number, motion/matter to be addressed, whether an interpreter is required, which language is required, whether the Defendant's presence is required and whether in person or virtual, and should include a copy of any motion to be heard.
Please contact chambers by e-mail (eperdomo@jud11.flcourts.org), to request a matter be placed on calendar, other than for special set and/or evidentiary hearing. The opposing party must always be copied on the request. The request should indicate the Defendant's name, case number, motion/matter to be addressed, whether an interpreter is required, which language is required, whether the Defendant's presence is required and whether in person or virtual, and should include a copy of any motion to be heard.
Page 1 | PLACING CASES ON CALENDAR