Judge William Altfield
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Bond Modification Motions
- 1 copy • Upon Filing
Case Law
- Before Hearing
Courtesy copies
- 1 copy
Motion
- Before Hearing
Adjournments
- Motions for Continuance may be made ore tenus or in writing at the sounding, or, if there is no sounding calendar, at least 5 days prior to trial. Motions for continuance will not be entertained at trial unless exigent circumstances exist. If the continuance is requested on the trial date, please advise opposing counsel in advance.
Communication
Chambers
Chambers
Phone
Chambers
Fax
Chambers
Chambers
Document Format Requirements1 rule
All Requests and accompanying motions must be in writing. Fla R. Crim. Proc. 3.190(a)
- Discovery request
- Motion
Formatting
- •Comply with florida rule of criminal procedure 3.190(a)
Document Filing Requirements14 rules
All motions must be in writing unless otherwise noted below within these policies and procedures.
Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers.
- Document
- JAC indigency motion
Include
- •Proposed order
Motions to suppress, motions in limine, and motions to exclude shall clearly set forth the evidence sought to be suppressed or excluded, the specific reasons for the suppressions
"Boilerplate" motions or motions devoid of specific supporting allegations are not legally sufficient.
A Motion to Modify or Terminate should include the Probation Officer's, the Assistant State Attorney's, and – if applicable – the victim's position on the motion.
If there is an objection, please include a copy of the original A-form and the defendant's criminal history.
The movant must prepare a Notice of Hearing that includes the law enforcement agency holding the property and be prepared to show the Court proof that they were served.
Motions to compel must be in writing and state the nature of the discovery sought, the date propounded and due, the complete failure to respond or object, and that no extension was requested.
Court's wording
Motions to compel discovery shall be in writing and shall include: 1. the nature of the discovery sought and the date upon which the discovery was propounded and due; 2. that there has been a complete failure to respond or object to the requested discovery, and the non-moving party has failed to request an extension of time to respond to discovery request;
the moving party shall certify that counsel has attempted in good faith to resolve the issues with opposing counsel but has been unable to do so on a minimum of 3 occasions. Said motion should also describe movant’s independent efforts to obtain the discovery sought.
If the defendant is waiving any amount of credit for time served, Defense Counsel must fill out a waiver form (available from the Clerk) and have the Defendant sign it.
All motions must include all costs requested/paid to date. In addition, all requests for fees and/or investigative and due process costs must be itemized.
An order may be submitted to chambers as long as accompanied by a motion signed by both parties or an email or other proof indicating agreement of both parties.
If a bondsman is willing to remain on the bond, the bondsman must either appear in court or provide defense counsel with an affidavit acknowledging that there has been a change in circumstance in the bond posted and that the bondsman is willing to assume the increased risk.
Counsel should, at a minimum, attach a copy of the A-form and Defendant’s prior criminal history to the motion, along with any other documents Counsel wants Judge Altfield to consider in increasing or reducing bond.
Filing & Service rules
Electronic Filing Rules
The original motion must be filed with the clerk's office.
The original Motion must be filed with the clerk's office.
Criminal cases
Page 3 | II. POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Discovery Requests and accompanying motions governed by Fla. R. Crim. Proc. 3.190(a) must be filed with the clerk of court.
All Requests and accompanying motions must be in writing. Fla R. Crim. Proc. 3.190(a) and filed with the clerk of court.
Page 2 | ORDERED AND ADJUDGED - Paragraph B
Filing Timing and Cure Windows
Pretrial motions in limine and any motion requiring an evidentiary hearing must be filed at least five days before trial.
All pretrial motions in limine, and any motion requiring an evidentiary hearing shall be filed and served upon opposing counsel at least five (5) days prior to trial.
Criminal cases
Page 5 | 6. MOTIONS IN LIMINE
Motions in limine that do not require an evidentiary hearing must be filed in writing the Friday before trial, and failure to do so absent good cause is a sufficient basis for denial.
Otherwise, Motions in Limine that do not require an evidentiary hearing, must be filed in writing the Friday before trial. Failure to do so, absent good cause, will be a sufficient basis for the Court to deny the motion.
Criminal cases
Page 5 | 6. MOTIONS IN LIMINE
Suppression motions must be filed well in advance of trial and no later than 10 days before trial.
All motions must be filed well in advance of trial and no later than 10 days prior to trial.
Criminal cases
Page 8 | 12. SUPPRESSION MOTIONS
Nebbia hearings are typically set for the next business day when the documents are provided to Chambers before 3:00 PM.
In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 3:00PM.
Criminal cases
Page 5 | 5. NEBBIA MOTIONS
For Arthur Hearings, both parties are strongly encouraged to provide the Court with the videos, transcripts, and evidence they will rely on at least 24 hours before the hearing.
Although neither party is required to file a motion, Judge Altfield strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least 24 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.
Criminal cases
Page 5
Return-of-property motions are scheduled at least two weeks after filing to give the State time to determine whether it or the arresting agency objects.
The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection.
Criminal cases
Page 6 | 7. RETURN OF PROPERTY
If a party has case law on an issue, it must be provided to the Court before the hearing.
If you write it, the Court will read it. If you have case law, provide it before the hearing.
Criminal cases
Page 3 | I. GENERAL
Service and Proof of Service Rules
Before asking for a hearing date, counsel must hand deliver or email the motion to the Judicial Assistant.
Motions must be hand delivered or emailed to the Judicial Assistant prior to asking for a hearing.
Criminal cases
Page 3 | II. POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
The Nebbia movant must prepare and serve the Notice of Hearing.
The movant must prepare and serve the Notice of Hearing.
Criminal cases
Page 5 | 5. NEBBIA MOTIONS
Pretrial motions in limine and motions requiring evidentiary hearings must be served upon opposing counsel at least five days before trial.
All pretrial motions in limine, and any motion requiring an evidentiary hearing shall be filed and served upon opposing counsel at least five (5) days prior to trial.
Criminal cases
Page 5 | 6. MOTIONS IN LIMINE
The movant must be prepared to show the Court proof that the agency holding the property was served, either by certified mail return receipt or an agency receipt verifying service.
The movant must prepare a Notice of Hearing that includes the law enforcement agency holding the property and be prepared to show the Court proof that they were served. This can be accomplished by (1) sending the Motion and Notice of Hearing to the agency by Certified Mail, Return Receipt Requested and bringing the green return receipt post card to court; or (2) obtaining a receipt from the agency verifying they were served with the Motion and Notice of Hearing.
Criminal cases
Page 6 | 7. RETURN OF PROPERTY
Defense counsel must provide the bondsman with notice of the bond hearing.
Defense counsel shall notice the bondsman of the hearing.
Criminal cases
Page 7 | II. POLICIES AND PROCEDURES FOR MOTIONS
Discovery motions must be filed and served a reasonable time before the hearing so opposing counsel can respond and prepare.
Discovery motions (motions to compel, motions to perpetuate testimony, motions for protective order, etc.) shall be filed and served a reasonable time before hearing, to permit opposing counsel an opportunity to respond and to prepare for hearing.
Criminal cases
Page 8 | 11. DISCOVERY MOTIONS
Courtesy Copy Requirements
A courtesy copy must always be submitted to chambers.
Always submit a courtesy copy to chambers.
Criminal cases
Page 2 | I. GENERAL
Because the Clerk's Office does not forward e-filed motions to the judge, counsel MUST provide courtesy copies of motions directly to Judge Altfield by hand-delivery, facsimile, or email to F020@jud11.flcourts.org.
Courtesy copies may be provided by email, or hand-delivery. NOTE: The Clerk's Office does not provide Judge Altfield with copies of motions which Counsel submits through E-filing. Counsel MUST provide courtesy copies directly to Judge Altfield by hand-delivery, facsimile or via email at F020@jud11.flcourts.org
Criminal cases
Page 3 | II. POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
For return-of-property motions, the movant must file the original with the Clerk's office and send a copy to chambers.
The movant shall file the original with the Clerk's office and send a copy to chambers.
Criminal cases
Page 6 | 7. RETURN OF PROPERTY
For motions in limine, counsel must file the original with the Clerk's office and send a copy to chambers.
Counsel shall file the original with the Clerk's office and send a copy to chambers.
Criminal cases
Page 6 | 6. MOTIONS IN LIMINE
Seal/expunge petitions must be filed with the Clerk's office with a copy sent to chambers.
File the original with the Clerk’s office and send a copy to chambers.
Criminal cases
Page 7 | 10. SEAL/EXPUNGE
For motions to increase or reduce bond, counsel must file the original motion with the Clerk's office and send a copy to chambers.
Counsel shall file the original Motion with the Clerk’s office and send a copy to chambers.
Criminal cases
Page 7 | II. POLICIES AND PROCEDURES FOR MOTIONS
Provide the Court with copies of any motions which are lengthy, unusual, or complex. The Court will review the motions prior to hearing and be in a better position to properly hear testimony and argument.
Provide the Court with copies of any motions which are lengthy, unusual, or complex. The Court will review the motions prior to hearing and be in a better position to properly hear testimony and argument.
Criminal cases
Page 9 | II. POLICIES AND PROCEDURES FOR MOTIONS
Parties must provide any case law to the Court before the hearing.
If you have case law, provide it before the hearing.
Criminal cases
Page 10 | III. MISCELLANEOUS POLICIES AND PROCEDURES
Pre-Motion Conference Requirements
Before an Arthur hearing, defense counsel must first confer with the assigned ASA to verify that the State will not agree to any pretrial release conditions.
Defense Counsel must first speak with the assigned ASA to verify that the State will not agree to any pretrial release conditions.
Criminal cases
Page 4 | 4. ARTHUR HEARINGS
Defense Counsel should first present the documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the judicial assistant will call the attorney's office with the date for the Nebbia hearing.
Defense Counsel should first present the documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the judicial assistant will call the attorney's office with the date for the Nebbia hearing.
Criminal cases
Page 5 | 5. NEBBIA MOTIONS
Counsel must confer in good faith with opposing counsel in an effort to resolve the issues by agreement before filing any discovery motion, such as a motion to compel, motion for rule to show cause, or motion for protective order.
Before filing any discovery motions, such as motions to compel, motions for rule to show cause, or motions for protective order, counsel shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised.
Page 2 | ORDERED AND ADJUDGED - Paragraph A
The Court endorsed professionalism guidelines calling on lawyers to endeavor to resolve or narrow issues before scheduling a hearing on any motion or discovery objection.
Before scheduling a hearing on any motion or discovery objection, a lawyer should endeavor to resolve or narrow the issue at hand.
Page 1 | Findings B-C
Adjournment & Extension Requirements
Motions for Continuance may be made ore tenus or in writing at the sounding, or, if there is no sounding calendar, at least 5 days prior to trial. Motions for continuance will not be entertained at trial unless exigent circumstances exist. If the continuance is requested on the trial date, please advise opposing counsel in advance.
Motions for Continuance may be made ore tenus or in writing at the sounding, or, if there is no sounding calendar, at least 5 days prior to trial. Motions for continuance will not be entertained at trial unless exigent circumstances exist. If the continuance is requested on the trial date, please advise opposing counsel in advance.
Criminal cases
Page 4 | II. POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Counsel must bring discovery non-compliance to the Court's attention, and the Court may deny continuances where counsel failed to file motions to compel.
If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, and the moving party has complied with 11(a) (3) and (4), it is Counsel’s responsibility to bring the matter to the attention of the Court. The Court may deny continuances in these circumstances if counsel has not filed Motions to Compel.
Criminal cases
Page 8 | 11. DISCOVERY MOTIONS
The Court may deny continuance requests when discovery problems exist and counsel has not filed a Motion to Compel.
If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court. The Court may deny continuances in these circumstances if counsel has not filed Motions to Compel.
Criminal cases
Page 10 | III. MISCELLANEOUS POLICIES AND PROCEDURES
Chambers Communication Rules
Emails to the Court must never use 'SERVICE OF COURT DOCUMENTS' in the subject line because the email system will automatically reject them.
Do NOT put "SERVICE OF COURT DOCUMENTS" in the subject line of any email to the Court – if you do, our email system automatically rejects the email.
Criminal cases
Page 2 | I. GENERAL
Emails to the Judge or the judicial assistant about a case must copy all counsel in the same email.
If you write the Judge or the judicial assistant about a case, you must copy all counsel in the same email.
Criminal cases
Page 2 | I. GENERAL
Any email to Judge Altfield regarding court business must copy the Judicial Assistant.
JUDGE'S NAME & E-MAIL: JUDGE WILLIAM ALTFIELD waltfield@jud11.flcourts.org • Please copy the Judicial Assistant on any emails regarding court business
Criminal cases
Page 2 | I. GENERAL
IN-CUSTODY DEFENDANTS: The Department of Corrections does not transport every defendant that is on calendar. If you need a defendant in court for a hearing, please email the Judicial Assistant prior to 2:00 pm the day before the hearing.
IN-CUSTODY DEFENDANTS: The Department of Corrections does not transport every defendant that is on calendar. If you need a defendant in court for a hearing, please email the Judicial Assistant prior to 2:00 pm the day before the hearing.
Criminal cases
Page 3 | I. GENERAL
Motion hearings are set by contacting Judge Altfield's Judicial Assistant, who will call the attorney's office with the calendar date.
Motions can be set for hearing by contacting Judge Altfield's Judicial Assistant.
Criminal cases
Page 3 | II. POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Judge Altfield's Judicial Assistant can be reached at 1351 N.W. 12th Street, Room 602, Miami, FL 33125, by phone at 305.548.5730, or by fax at 305.548-5326.
a. Address: 1351 N.W. 12th Street, Room 602, Miami, FL 33125 b. Phone #: 305.548.5730 c. Fax #: 305.548-5326
Criminal cases
Page 3 | I. GENERAL
Counsel may call the Judge's Judicial Assistant (JA) to place a case on the calendar for a plea, which Judge Altfield hears every day.
Judge Altfield will hear pleas every day. Counsel may call the JA to place a case on calendar for a plea.
Criminal cases
Page 9 | 14. PLEAS
The division can be contacted by phone at (305) 548-5730.
Phone: (305) 548-5730
Criminal cases
Page 1
The division can be contacted by email at F020@jud11.flcourts.org.
Email: F020@jud11.flcourts.org
Criminal cases
Page 1