Judge Alison Kerestes
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Pleadings, Motion, Case Law
Pro Se filings
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Adjournments
- A motion to continue must include the movant's signed certification that the continuance is sought in good faith and not for delay.
- A continuance request must identify the requesting party, the number of dockets, and the reason for the requested continuance.
- A continuance request must state whether the nonmoving party objects, does not object, or did not respond and, if objecting, provide the basis for the objection.
- +7 more
Request must include
Communication
Chambers
Phone
Chambers
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Document Format Requirements6 rules
Submit all proposed orders in Word format and copy opposing Counsel and any self-represented litigant.
- File type
- Word
Email the division a copy of the Motion and proposed Order in Word format for the Court’s consideration to the division email.
- File type
- Word
- Motion
- Proposed order
☐ All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk and each party to review during the hearing or trial.
Exhibits must bear sequential Exhibit labels and approved evidence tags.
- Exhibits
Formatting
- •Include the approved evidence tag.
Court's wording
☐ For entry into evidence, exhibits must be brought to the hearing and labeled in the following format for identification purposes: “Exhibit A”, “Exhibit B”, “Exhibit C” (and so on) with the approved evidence tag.
a proposed Order in Word format
- File type
- Word
- Proposed order
You may submit courtesy copies of case law in PDF or Word format, on a USB drive, or in a three-hole-punched binder printed on 8.5 x 11-inch paper.
- Paper size
- Letter
- Case law
Document Filing Requirements20 rules
Both Attorneys must sign (or indicate where unable to obtain signature):
CERTIFICATE OF SERVICE
Include
- •Certificate of service
When requesting hearing time on a Motion, the e-filed copy of the Motion and a proposed Order must be attached to the email requesting hearing time.
- Document
- Motion
Must include
- •Proposed order
All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.
A notice of hearing with a remote appearance must list the judge’s WebEx link: https://ninthcircuit.webex.com/meet/11osceola
The Notice of Hearing must include the address and Courtroom where the hearing shall take place.
Where the hearing is evidentiary in nature or will last more than 30 minutes, a Motion and Proposed Order is required in accordance with Florida Rule of Criminal Procedure 3.116(d).
- Document
- Remote appearance motion
Must include
- •Proposed order
Proposed orders must be submitted with the Motion when requesting a hearing time, where possible.
- Document
- Motion
Must include
- •Proposed order
Advise in your email that the Motion is unopposed, and you request a ruling in Chambers.
If a party believes there is a factual basis for setting an emergency hearing, file a detailed motion, setting forth the following: (1) the issues to be resolved, (2) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
The State shall provide a Score Sheet at all plea conferences and pleas, advise the Court of the plea offer, or that a plea offer was not conveyed.
Any basis for downward departure shall be stated on the record at the time of the plea.
Where the Defendant is in federal custody, the State shall submit a proposed Writ of Habeas Corpus ad Prosequendum and make all reasonable efforts to communicate with the appropriate authorities to ensure the Defendant’s transport.
The State shall submit a proposed transport order when the Defendant is in custody in another Florida county.
A motion for pretrial detention shall be in writing and shall set forth with particularity the grounds and the essential facts on which it is based, identifying the specific subdivision(s) of Fla. Stat. § 907.041(5) relied upon.
If the State and Defense reach an agreement, they shall notify the judicial assistant and submit a proposed Order so the Court may consider acting in chambers.
The hearing-request email should identify the case, litigants, and hearing type in the header and include hearing duration, custody, interpreter, and opposing-party position information in the body.
Court's wording
The email request should include the following information: ☐ In the header, include the case number (2025 CF 001234), the litigants (State v. Defendant Name), and the type of hearing requested (Plea, Motion, CMC, etc.). ☐ In the body of the email, include the amount of time requested for the hearing, whether the Defendant is in jail, whether an interpreter is needed, the opposing party’s position on the
All Division 11 matters shall take place in Courtroom 5-A of the Jon B. Morgan Courthouse in Osceola County, unless otherwise informed at the time of scheduling. Where advance notice is not possible, a sign shall be placed on the doors of Courtroom 5-A with instructions.
When a case is set for plea, the Court expects the parties to have completed the plea forms, Score Sheets, Restitution Orders, and cost orders, ready at the start of the scheduled plea time, absent extraordinary circumstances.
Where a Defendant is in custody, defense counsel should review and complete the plea form in advance, either in the basement of the Courthouse or at the jail before the Defendant is brought to the Courtroom.
Filing & Service rules
Electronic Filing Rules
For an unopposed motion seeking a chambers ruling, email the division the motion and proposed order in Word format and state that the motion is unopposed and a chambers ruling is requested.
Email the division a copy of the Motion and proposed Order in Word format for the Court’s consideration to the division email. Advise in your email that the Motion is unopposed, and you request a ruling in Chambers.
Page 9 | D. Submission of Orders and Judgments
Proposed orders must be submitted through the division email, and hard copies may not be sent unless email service is excused.
All proposed orders must be submitted to the Court via the division email. Do not send a hard copy unless excused from email service.
Page 9 | D. Submission of Orders and Judgments
The e-filed copy of the motion must be attached to an email request for hearing time.
When requesting hearing time, the e-filed copy of the Motion must be attached to the email request.
Page 10 | F. Emergency and Other Urgent Matters
An email request for emergency hearing time must be submitted by noon on the business day before the requested hearing date.
Emergency requests for hearing time must be submitted via email by 12:00 p.m. on the business day preceding the requested hearing date for consideration by the Court.
Page 10 | F. Emergency and Other Urgent Matters
For stipulated advance review, electronic exhibits must be uploaded by noon on the preceding business day.
☐ Where litigants stipulate to provide exhibits to the Court for advance review, submit electronic exhibits by 12:00 p.m. on the business day before the evidentiary proceeding by uploading to the link provided by the judicial assistant.
Page 11 | G. Exhibits for Evidentiary Proceedings
Uploading does not place exhibits into evidence; counsel must hand-deliver tagged exhibits to the clerk by the hearing or trial.
☐ Uploading exhibits is not sufficient for entry into evidence at the evidentiary hearing. Hand-deliver all exhibits to the Clerk of Court with approved evidence tags at or before the hearing or trial.
Page 11 | G. Exhibits for Evidentiary Proceedings
Request an exhibit-upload link through the division email, do not email exhibits directly, and bring a hard copy to court.
a hearing, send a request via the division email for a link to upload exhibits. Do not email exhibits directly to the division email. You must also bring a hard copy to Court.
Page 11 | G. Exhibits for Evidentiary Proceedings
As an alternative to appearing at a pretrial conference, attorneys may electronically file a Joint Pretrial Statement and email a copy to the division by noon on the preceding business day.
Instead of appearing at the PTC, attorneys may complete a Joint Pretrial Statement, e-file it, and send a copy to the division email by 12:00 p.m. the business day before the PTC.
Page 14 | H. Pretrial Procedures and Conferences
Parties may submit an electronic copy of the Joint Pretrial Statement by email to seek excusal from the Pretrial Conference.
Instructions: The parties may submit an e-filed copy of this Joint Pretrial Statement to 11osceola@ninthcircuit.org by 12:00 p.m. the day before the scheduled Pretrial Conference to be excused from attendance at the Pretrial Conference.
Criminal cases
Page 1 | Instructions
For an unopposed motion to continue, an electronically filed copy and a proposed order may be submitted by division email, with the proposed order in Word format.
If your Motion is unopposed, you may submit an e-filed copy of the Motion to Continue and a proposed Order in Word format to the division email for review pursuant to the Unopposed Motions and Orders directives contained in these Practices and Procedures.
Page 6 | Continuance Procedure
Self-represented litigants and attorneys excused from email service may submit proposed orders by U.S. mail or hand delivery.
Self-represented litigants and attorneys excused from email service may submit proposed orders to the Court by U.S. mail or hand-delivery to the judicial office.
Page 9 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
All hearing materials must be received by noon on the preceding business day.
The Court must receive all materials for the hearing no later than 12:00 p.m. on the business day before the hearing.
Page 5 | Submission Deadlines
If a proposed order was not submitted with the motion when possible, it must be submitted within three business days after the hearing unless the court orders otherwise.
Otherwise, submit them no later than three business days after any hearing, unless the Court orders otherwise.
Page 9 | D. Submission of Orders and Judgments
The deadline for an emergency email request for hearing time is noon on the business day preceding the requested hearing date.
Emergency requests for hearing time must be submitted via email by 12:00 p.m. on the business day preceding the requested hearing date for consideration by the Court.
Page 10 | F. Emergency and Other Urgent Matters
All other exhibits must be received in chambers by 12:00 p.m. on the business day before the evidentiary proceeding for stipulated advance consideration.
☐ All other exhibits must be received in chambers by 12:00 p.m. on the business day before the evidentiary proceeding for stipulated advance consideration.
Page 11 | G. Exhibits for Evidentiary Proceedings
The stipulated advance-review exhibit submission deadline is noon on the preceding business day.
☐ Where litigants stipulate to provide exhibits to the Court for advance review, submit electronic exhibits by 12:00 p.m. on the business day before the evidentiary proceeding by uploading to the link provided by the judicial assistant.
Page 11 | G. Exhibits for Evidentiary Proceedings
A pleading filed on the arraignment date will not be docketed as timely by the clerk.
the Clerk of Court. The Clerk of Court may not docket pleadings filed on the same day as the Arraignment on time, and the Defendant or their attorney must appear unless excused by the Court.
Page 12 | H. Pretrial Procedures and Conferences
Notice requirements and defects in an amended information intended to facilitate a plea are waived unless specifically raised when the plea occurs.
Notice requirements or defects in an Amended Information to facilitate a plea will be deemed waived unless specifically raised at the time of the plea.
Page 16 | Amended Information
A request for a presentence investigation is waived unless made before sentencing following a plea or jury verdict.
Requests for a PSI will be deemed waived unless specifically requested prior to any sentencing following a plea or jury verdict.
Page 16 | Entitlement to Pre-Sentence Investigation (PSI)
When the State announces an intent to seek pretrial detention in a dangerous-felony case, the State Attorney must file the motion within 24 business hours after the First Appearance.
In a dangerous-felony case, and pursuant to Ninth Circuit Administrative Order 07-98-47-26, the State Attorney shall file its motion for pretrial detention within 24 business hours of the First Appearance.
Page 26 | IV. Handling of the Detention Question at First Appearance
An electronic copy submitted for Pretrial Conference excusal must be emailed by noon on the day before the conference.
Instructions: The parties may submit an e-filed copy of this Joint Pretrial Statement to 11osceola@ninthcircuit.org by 12:00 p.m. the day before the scheduled Pretrial Conference to be excused from attendance at the Pretrial Conference.
Criminal cases
Page 1 | Instructions
A Notice of Hearing not on the docket by noon on the preceding day may be cancelled unless emergency circumstances apply.
However, if your Notice of Hearing does not appear on the docket by 12:00 p.m. the day before the hearing, it may be subject to cancellation, absent emergency circumstances.
Page 5 | Notice of Hearing
Courtesy copies should be delivered by noon on the preceding business day, failing which they will not be reviewed before the hearing or trial.
Courtesy copies should be delivered to the Court by 12:00 p.m. on the business day before any hearing or trial, or it will not be reviewed before the hearing.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Transport orders should be sought sufficiently in advance to permit transport, generally requiring at least 10 days.
Transport Orders must be sought sufficiently far in advance to allow time for transport. Generally, at least 10 days are needed.
Page 22 | Other Division Procedures
A motion for pretrial detention may be filed any time before trial.
A motion may be filed at any time before trial.
Page 25 | III. Whether and When the Motion Must Be Filed
Service and Proof of Service Rules
Copies of the Joint Pretrial Statement must be electronically served on all attorneys and parties on the ePortal Electronic Service List.
A copy is being served on all attorney(s) and parties identified on the ePortal Electronic Service List, via Notices of Electronic Filing generated by the ePortal System.
Criminal cases
Page 1 | Certificate of Service
Attorneys and self-represented litigants must use email service, generally through the Florida Courts E-Filing Portal, unless excused.
All attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
Page 3 | A. Communications with the Judicial Office
A Notice of Hearing must be filed and served on opposing counsel or any self-represented litigant as soon as possible after the judicial assistant confirms the hearing.
You must file and serve a Notice of Hearing on opposing Counsel or any self-represented litigant as soon as possible after receiving confirmation of the hearing by the judicial assistant.
Page 5 | Notice of Hearing
A notice of hearing cancellation must be filed and served immediately on opposing counsel and any self-represented litigant.
You must also immediately file and serve a notice of cancellation on opposing Counsel and any self-represented litigant.
Page 6 | Canceling Hearings
You must copy Opposing Counsel or a self-represented litigant on the email.
You must copy Opposing Counsel or self-represented litigant on the email.
Page 14 | H. Pretrial Procedures and Conferences
Attorneys must keep their contact information updated with the Clerk of Court because the trial-list email constitutes service on both the attorney and client.
Attorneys are responsible for ensuring their contact information is updated with the Clerk of Court, as the email will constitute service on both the attorney and their client.
Page 17 | J. Setting Case for Trial
The filing party must immediately email a copy of a motion for rehearing, reconsideration, or new trial to the division email after filing.
Upon filing a Motion for Rehearing, Reconsideration, or New Trial, the filing party must immediately email a copy of the Motion to the division email.
Page 19 | L. Motions
Defense counsel must immediately send a copy of a speedy-trial demand or notice of expiration of speedy-trial rights after filing.
Defense Counsel shall send a copy of a Demand for Speedy Trial or Notice of Expiration of Speedy Trial immediately upon filing.
Page 20 | L. Motions
Within the same advance period, the State must serve the Defense a list of intended PTD witnesses with sufficient identifying and locating information.
20. Witness list. Within the same time, the State shall serve on the Defense a list of any witnesses it intends to call at the PTD hearing, with information sufficient to identify and locate each witness.
Page 29 | VII. The State's Obligation to Disclose Exhibits and Grounds in Advance
The State must serve and file a written Notice of Grounds at least 24 hours before the PTD hearing, or as early as practicable, identifying the detention basis, supporting facts, and statutory criteria, unless the information is included in the motion.
18. Notice of grounds. No later than twenty-four (24) hours before the PTD hearing (or as early as practicable), the State shall serve on the Defense and file a written Notice of Grounds identifying: (a) the statutory basis for detention relied upon; (b) the essential facts supporting each element the State must prove; and (c) the criteria under Fla. Stat. § 903.046 on which the State intends to rely. Where this information is contained within the Motion for Pretrial Detention, a separate Notice is not required.
Page 29 | VII. The State's Obligation to Disclose Exhibits and Grounds in Advance
If the Defense has opted into discovery and intends to present exhibits or witnesses, it must disclose them to the State at least 12 hours before the PTD hearing, or as early as practicable.
22. Reciprocal exhibit and witness disclosure. The Defense bears a reciprocal obligation only if the Defense has elected to participate in discovery by serving a Notice of Discovery and intends to present exhibits or witnesses at the PTD hearing. Where that is the case, no later than twelve (12) hours before the PTD hearing (or as early as practicable), the Defense shall serve on the State a list of, and make ===== PAGE 30 ===== available for inspection, any exhibit the Defense intends to offer at the PTD hearing and any witness (other than the defendant) the Defense intends to call, with information sufficient to identify and locate each witness.
Page 29 | VIII. The Defense's Obligations in Advance of the Hearing
Within the same advance period, the State must serve an exhibit list and make all intended PTD exhibits available for inspection and copying, identifying the affiant or declarant when relying on hearsay.
19. Exhibit disclosure. Within the same time, the State shall serve on the Defense a list of, and shall make available for inspection and copying, all exhibits the State intends to offer or rely upon at the PTD hearing, including any affidavits, sworn statements, transcripts, recordings, reports, or photographs. Where the State intends to proceed by affidavit or other hearsay, it shall disclose the affidavit or statement and identify the affiant or declarant so that the Defense may, if it chooses, subpoena that person for the hearing.
Page 29 | VII. The State's Obligation to Disclose Exhibits and Grounds in Advance
The State must immediately disclose to the Defense any additional exhibit, witness, or ground identified after the initial disclosure.
21. Continuing duty. The State's obligations under this Section are continuing. Any additional exhibit, witness, or ground identified after the initial disclosure shall be disclosed to the Defense immediately upon discovery.
Page 29 | VII. The State's Obligation to Disclose Exhibits and Grounds in Advance
The Joint Pretrial Statement is furnished through each party's attorney of record or, when no attorney is available, by regular U.S. Mail.
This Joint Pretrial Statement has been furnished to parties via their attorney of record, and, if none, then by Regular U.S. Mail on this ____ day of ____________________, 20___.
Criminal cases
Page 1 | Certificate of Service
If unable to email or call, a person may mail a letter to the court, but the communication will be filed in the court file and a copy must also be sent to opposing counsel or a self-represented litigant.
If you are unable to email or call, you may send a letter to the Court at the address listed on the first page. All communications are subject to filing in the court file, and you must also send a copy to opposing counsel or a self-represented litigant, as detailed below.
Page 2 | A. Communications with the Judicial Office
Sending the Notice of Hearing to the judicial assistant is not required.
You are not required to send the Notice of Hearing to the judicial assistant.
Page 5 | Notice of Hearing
The parties must fulfill the Order's disclosure obligations in a mutually agreeable manner or as the Court directs, and they may exchange disclosures by electronic service.
24. Manner of exchange. The parties shall fulfill their obligations under this Order in a mutually agreeable manner or as further ordered by the Court. Disclosures may be exchanged by electronic service.
Page 30 | IX. Manner of Exchange; Protective Provisions
Courtesy Copy Requirements
Courtesy copies of pleadings, motions, and case law must be submitted before a hearing or trial.
Submit courtesy copies of pleadings, motions, and case law to the Court before any hearing or trial.
Page 9 | E. Courtesy Copies of Case Law and Other Documents
Self-represented litigants excused from email service may submit courtesy copies by U.S. mail or hand delivery.
Self-represented litigants excused from email service may submit courtesy copies to the Court by U.S. mail or by hand delivery to the judicial office.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies may alternatively be submitted by U.S. mail or hand delivery to the judicial office.
You may also submit courtesy copies to the Court by U.S. mail or hand-delivered to the judicial office.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies may be submitted by email to the division email address.
Courtesy copies may be submitted to the Court by email to the division email.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Sealing & Redaction Procedures
The Court may deny, defer, or restrict required disclosures when a substantial risk of harm, intimidation, or reprisal outweighs their usefulness; a party seeking protection must move promptly and feasibly before the disclosure deadline, and identifying or locating information must be limited as needed for safety.
25. Protective limits. On its own initiative or on motion, the Court may deny, defer, or restrict any disclosure required by this Order upon a finding of a substantial risk to any person of physical harm, intimidation, or reprisal that outweighs the usefulness of the disclosure. A party seeking a protective limit shall move promptly and, where feasible, before the disclosure deadline. Disclosure of a victim's or witness's identifying or locating information shall be limited as necessary to protect that person's safety.
Page 30 | IX. Manner of Exchange; Protective Provisions
Pre-Motion Conference Requirements
A motion for rehearing, reconsideration, or new trial may be ruled on without a hearing, directed to a written response, or set for hearing only if the Court determines a hearing is needed; a party may not set the hearing without Court approval.
The Court will (1) rule on the Motion without a hearing, (2) direct that the opposing party file a written response, or (3) advise the litigants through the judicial assistant that a hearing is needed. No party may set a hearing on a Motion for Rehearing, Reconsideration, or New Trial without Court approval.
Page 19 | L. Motions
Adjournment & Extension Requirements
A continuance request must state whether the nonmoving party objects, does not object, or did not respond and, if objecting, provide the basis for the objection.
The non-moving party __ does object __ does not object __ did not respond. Where objecting, basis of objection:
Criminal cases
Page 1 | Motion to Continue
A motion to continue must include the movant's signed certification that the continuance is sought in good faith and not for delay.
___ Motion to Continue. By signing below, the movant certifies they are seeking a continuance in good faith and not for the purpose of delay.
Criminal cases
Page 1 | Motion to Continue
A continuance request must identify the requesting party, the number of dockets, and the reason for the requested continuance.
__ State __ Defense requests a continuance of ___ docket(s) for the following reason:
Criminal cases
Page 1 | Motion to Continue
A motion for continuance must specifically state the basis for continuance, whether it is opposed, the actions and dates needed to prepare, and the proposed date the case will be ready.
Motions for Continuance must state with specificity: (1) the basis of the need for continuance; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready; and (4) the proposed date by which the case will be ready to proceed.
Page 6 | Continuance Procedure
Except on a showing of good cause, the requesting party must sign the motion for continuance.
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 6 | Continuance Procedure
A defense continuance request must include a signed waiver of speedy trial unless one was already waived.
Where the defense is requesting a continuance, they must also include a signed “Waiver of Speedy Trial,” if not previously waived.
Page 6 | Continuance Procedure
A continuance request must address whether the opposing party objects and the basis for requesting the continuance.
Where requesting a continuance, whether the opposing party objects, and the basis for the continuance.
Page 14 | H. Pretrial Procedures and Conferences
A continuance request must disclose whether the case has previously been continued.
This case __ has __ has not been previously continued.
Criminal cases
Page 1 | Motion to Continue
A party seeking a continuance to avoid appearing at a scheduled pretrial conference should complete a Joint Pretrial Statement instead of filing a continuance motion.
If your case is set for Pretrial Conference, you are requesting a continuance, and wish to avoid an appearance at the Pretrial Conference, please complete a Joint Pretrial Statement instead of filing a Motion for Continuance as detailed in these Practices and Procedures.
Page 6 | Continuance Procedure
Either party may seek a continuance of a pretrial detention hearing, but the State must show good cause, is entitled to no more than one continuance, and may receive no more than five additional days unless extenuating circumstances justify further delay or the parties agree with court approval; the defendant may remain detained while the hearing is pending.
13. Continuances. Either party may seek a continuance of the PTD hearing. The State must show good cause and is entitled to no more than one continuance. No continuance shall exceed five (5) days unless the Court finds that extenuating circumstances justify further delay or the parties agree with the Court's approval. The defendant may be detained pending completion of the PTD hearing.
Page 28 | V. Timing of the PTD Hearing
Chambers Communication Rules
An email subject line must identify the case number, case name, and relevant matter.
The subject line of any email to the judicial office must contain the case number, case name, and relevant matter (e.g., 2024 CF 001234 State v. (Defendant’s Name) – 2-Hour Hearing Requested).
Page 2 | A. Communications with the Judicial Office
All communications to the judicial office must be submitted through the dedicated division email account.
Submit all communications to the judicial office by email to 11osceola@ninthcircuit.org, the dedicated division email account.
Page 2 | A. Communications with the Judicial Office
All communications with the judicial office must comply with Canon 3's prohibition on ex parte and out-of-presence communications.
All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence
Page 2 | A. Communications with the Judicial Office
Parties must contact the judicial office according to the stated practices, and the Court will not consider unsolicited communications from non-parties.
Parties may only contact the judicial office in accordance with these practices and procedures. The Court will not consider unsolicited communications from non-parties.
Page 3 | A. Communications with the Judicial Office
Litigants must copy all parties on written communications to the judicial office unless ex parte communication is authorized by law.
Litigants must copy all parties on any email or other written communication directed to the judicial office, except where ex parte communication is authorized by law.
Page 3 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.
All attorneys and self-represented litigants must provide an email address to receive signed orders electronically, unless excused.
Page 3 | A. Communications with the Judicial Office
Hearing requests must be submitted by email to the division email address.
Submit hearing requests via email to the division email.
Page 4 | B. Scheduling Procedures
A party must obtain confirmation of cancellation from the judicial assistant and, absent confirmation, must still appear at the hearing.
You must receive confirmation from the judicial assistant that your hearing was canceled. Where you do not receive confirmation, you must still appear for the hearing.
Page 6 | Canceling Hearings
The judicial assistant must be notified as soon as possible when a hearing is canceled.
Notify the judicial assistant as soon as possible when canceling a hearing.
Page 6 | Canceling Hearings
A request for an inmate's transport to a private-attorney pretrial conference must be emailed to the division by noon on the preceding day.
Inmates are not brought to court for private attorney PTC unless specifically requested. You must send a request to the division email by 12:00 pm the day before PTC or your client will not be transported.
Page 13 | H. Pretrial Procedures and Conferences
When it knows a victim will present a Victim Impact Statement, the State must email the division and request sufficient time for the statement.
Where the State knows in advance that the victim will be giving a Victim Impact Statement, the State shall inform the Court via email to the division email and request sufficient time for the presentation of the statement.
Page 16 | I. Pleas and Plea Hearings
If no hearing is scheduled by the next business day after filing a speedy-trial demand or notice, the State must email the division email to request a hearing.
Where a hearing is not scheduled by the business day following the filing of the Demand or Notice, the State shall email the division email to request a hearing.
Page 20 | L. Motions
After 5:00 p.m. on weekdays and on weekends or holidays, a true emergency may be brought to the emergency duty judge for assistance.
• Emergencies: Where a true emergency occurs after 5:00 p.m. on weekdays or on a weekend or holiday, you may reach out to the emergency duty judge to request assistance. Locate the emergency duty judge schedule at the following link: https://ninthcircuit.org/resources/signing-judge-schedule
Page 22 | Other Division Procedures
The State must immediately notify the judicial assistant and defense if it determines before the pretrial-detention hearing that it can no longer meet its burden.
Where the State determines in advance of the PTD hearing that they can no longer meet their burden, the State shall notify the judicial assistant and the defense immediately upon that determination.
Page 31 | O. Standing Order on Pretrial Detention Hearings
When the State and defense reach an agreement, they must notify the judicial assistant and submit a proposed order for the court's consideration.
If the State and Defense reach an agreement, they shall notify the judicial assistant and submit a proposed Order so the Court may consider acting in chambers.
Page 31 | O. Standing Order on Pretrial Detention Hearings
A voicemail must include the caller's name and case relation, the defendant's name, the case number, and a return phone number or email address.
If you must call, please leave a voicemail with your name and relation to the case, the Defendant’s name, the case number, and your return phone number or email address.
Page 2 | A. Communications with the Judicial Office
The division email is the most reliable means of communicating with the court in an emergency or urgent situation.
In an emergency or urgent situation, the division email is the most reliable way to communicate with the Court.
Page 2 | A. Communications with the Judicial Office
Communications to the judicial assistant must use the division email rather than personal email, and direct emails to the assistant may go unanswered.
You must use the division email, not the personal email, for the judicial assistant. Emails directly to the judicial assistant may not receive a response.
Page 2 | A. Communications with the Judicial Office
Email or correspondence involving the judicial office may be disclosed as a public record and filed in the court file.
Any email or correspondence sent to or from the judicial office may be a public record subject to disclosure, and the judicial assistant may file it in the Court file.
Page 3 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must update their contact information using Form 2.603 when the email account registered for electronic service changes.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 whenever there is a change to the email account registered for electronic service.
Page 3 | A. Communications with the Judicial Office
An email request is sufficient for a remote appearance at a non-evidentiary hearing lasting 30 minutes or less, subject to the stated guidance.
An email request is sufficient for non-evidentiary hearings of 30 minutes or less, subject to the guidance below.
Page 7 | C. Remote Appearances
When requesting a plea date for a defendant in custody who may be released upon entering a plea, the attorney should notify the judicial assistant.
Where a Defendant is in custody and will be released upon entry of a plea, the attorney should advise the judicial assistant when requesting a plea date.
Page 15 | I. Pleas and Plea Hearings
If an attorney does not receive the trial-list email by the Monday before the TMC, the attorney should contact the judicial assistant at the division email for assistance.
If you have a case on the trial docket and do not receive an email by the Monday of the week of the TMC, contact the judicial assistant at the division email for assistance.
Page 17 | J. Setting Case for Trial
Email is the preferred method for correspondence, and the judicial office will ordinarily respond by email rather than return call.
Email is the preferred method for all correspondence. If you must call, please leave a voicemail with your name and relation to the case, the Defendant’s name, the case number, and your return phone number or email address. Where possible, you will receive an email in response rather than a return call.
Page 2 | A. Communications with the Judicial Office
Self-represented litigants and attorneys excused from email service may telephone the judicial office, but text messages are not accepted.
Self-represented litigants and attorneys excused from email service may communicate with the judicial office by telephone call to (407) 742-2548. The judicial office does not accept text messages.
Page 2 | A. Communications with the Judicial Office
The judicial assistant may not provide legal advice.
The judicial assistant is not authorized to provide legal advice.
Page 3 | A. Communications with the Judicial Office
Hearing dates and times may be requested by emailing the division email.
Dates and times for hearings can be obtained by emailing your request to the division email.
Page 19 | L. Motions
After filing a motion for reconsideration and obtaining the State's position, the defense may ask the judicial assistant for a ruling in chambers or at a hearing.
The Defense may then contact the judicial assistant to request a ruling in chambers or hearing time.
Page 31 | O. Standing Order on Pretrial Detention Hearings
Participants needing remote-hearing technology assistance may contact AV Support by phone at (407) 742-2488 or by email at AVSupportOsceola@ninthcircuit.org.
If assistance is needed, please contact AV Support at (407) 742-2488 or by email at: AVSupportOsceola@ninthcircuit.org.
Page 8 | C. Remote Appearances