Judge Hal C. Epperson Jr.
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Notice of Hearing
Pretrial Motions
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Memoranda, Case Law, Other Materials
Court-wide- At Least 5 Court Days Before Scheduled Hearing
Adjournments
- A continuance motion must state the State Attorney's position and include a signed defendant waiver of speedy trial if no waiver was previously provided.
Request must include
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideChambers
Document Filing Requirements7 rules
A client's signed written waiver of appearance must be filed by 3:00 p.m. one business day before an arraignment, pre-trial hearing, or status hearing.
Court's wording
Written waivers of appearance for represented clients at Arraignment, Pre-Trial hearings, or Status hearings will be honored by the Court if a written waiver, signed by the client, is filed in the court file no later than 3:00 p.m. one business day before the hearing.
*** REMINDER: All Motions that are stipulated by all parties or are unopposed must be accompanied by a proposed Order.
- Document
- Motion
Must include
- •Proposed order
A continuance request must be made with a written motion and order, filed in advance or presented at the pre-trial on the request date.
Court's wording
If a Continuance is requested, the written Motion for Continuance and Order must either be filed in advance with the Clerk or be physically presented to the Judge or trial clerk the day of Pre-Trials at the time of the request.
However, parties must have plea forms, scoresheets, restitution orders and cost orders completed before the scheduled plea time absent unusual circumstances.
It is the responsibility of the moving party to file a Notice of Cancellation in the Court file.
You must provide the Defendant's name, case number, scheduled hearing date and the language required.
In the proposed order, please title the order "Unopposed Order Granting ..."
- Document
- Proposed order
Include
- •Unopposed Order Granting ...
Filing & Service rules
Electronic Filing Rules
The original motion must be electronically filed with the Clerk before requesting hearing dates and times from the Judicial Assistant, and the Judicial Assistant should not be copied on the e-filing.
The original Motion must be e-filed with the Clerk's Office before you contact the JA for hearing dates and times. Do not copy the JA when e-filing Motions, Orders or Documents.
Criminal cases
Page 3 | Request for Hearing Dates and Times
After the judge signs a continuance order, the new pre-trial and trial dates must be entered and the order electronically filed to notify all parties.
After the Judge signs the order, a new Pre-Trial and Trial date will be filled in on the order and e-filed noticing all parties.
Criminal cases
Page 4 | Motions for a Continuance
Filing Timing and Cure Windows
Communications, evidence-review requests, supporting case law, requests, and motions submitted after noon one business day before a hearing or trial will not be reviewed and may be summarily denied.
Any communications, requests to review evidence, or supporting case law submitted after 12:00 p.m. one business day before a hearing or trial, will not be reviewed. Any requests/motions to the Court may be summarily denied if submitted after this deadline.
Criminal cases
Page 1 | Contacting the Judge and Information/Requests/Supporting Case Law submitted to the Court
Motions and hearing requests submitted outside the periods established by the trial orders may not be set and may be summarily denied.
Motions filed or hearings requested outside of the time periods outlined in the trial orders may not be set for hearing and may be summarily denied.
Criminal cases
Page 3 | Evidentiary Hearings
A request to have an inmate brought to court for pre-trial must be made no later than 2:00 p.m. on the day before the pre-trial conference.
Inmates will not be brought to court for Pre-Trial unless requested no later than 2pm the day before pre-trial conference.
Criminal cases
Page 3 | Pre-Trials
To have a waiver honored, the signed waiver must be filed no later than 3:00 p.m. one business day before the hearing.
Written waivers of appearance for represented clients at Arraignment, Pre-Trial hearings, or Status hearings will be honored by the Court if a written waiver, signed by the client, is filed in the court file no later than 3:00 p.m. one business day before the hearing.
Criminal cases
Page 4 | Waivers of Appearance of Clients for Arraignment, Pre-Trial Hearings or Status Hearings
A waiver of appearance filed after the stated deadline may be summarily denied and may result in a warrant for non-appearance.
Waivers of a client's appearance filed after this deadline may be summarily denied and may result in a warrant for non-appearance.
Criminal cases
Page 4 | Waivers of Appearance of Clients for Arraignment, Pre-Trial Hearings or Status Hearings
Service and Proof of Service Rules
The moving party is responsible for notifying all parties of a hearing cancellation.
It is also the responsibility of the moving party to notify all parties of the cancellation.
Criminal cases
Page 5 | Hearing and Trial Cancellations
Attorneys must maintain a current email address with the Clerk, and a Court email will constitute notice of a standby appearance during the trial period.
It is the attorney's responsibility to keep a current email address on file with the Clerk. The email from the Court will constitute service for you and your client's appearance in the event your case gets put on standby during the trial period.
Criminal cases
Page 3 | Trial Periods
Courtesy Copy Requirements
Attorneys seeking a virtual pretrial appearance must file a motion and email the Judicial Assistant one courtesy copy of the motion and proposed order by 3:00 p.m. the day before pretrial.
Attorneys must file a motion to appear virtually for pretrial and email a courtesy copy of the motion and proposed order to appear virtually to the Judicial Assistant by 3:00 p.m. the day prior to Pre-trial.
Criminal cases
Page 2 | Pre-Trials
After hearing time is secured, the moving party must file the original Notice of Hearing with the Clerk and provide the Judge one courtesy copy.
It is then your responsibility to file an original Notice of Hearing with the Clerk's Office (physically or by e-file). A courtesy copy of the Notice of Hearing is required for the Judge.
Criminal cases
Page 4 | Request for Hearing Dates and Times
Adjournment & Extension Requirements
A continuance motion must state the State Attorney's position and include a signed defendant waiver of speedy trial if no waiver was previously provided.
The Motion must also include the State Attorney's position and include a signed "Waiver of Speedy Trial" by the Defendant if not previously waived.
Criminal cases
Page 4 | Motions for a Continuance
Chambers Communication Rules
Motion-hearing time must be coordinated with the Judicial Assistant, requests made by telephone or email after noon one business day before the hearing will not be entertained, and emergency motions are set solely at the Court's discretion.
All motion hearings must be coordinated with the Judicial Assistant. Requests for hearing time, including "emergency motions" will not be entertained if requested via telephone or email after 12:00 p.m. one business day before the day of the requested hearing. Expedited "emergency" motions will be set at the sole discretion of the Court.
Criminal cases
Page 3 | Request for Hearing Dates and Times
The Judicial Assistant must be notified immediately when a hearing is cancelled or stipulated by the State Attorney.
Please notify the Judicial Assistant immediately if a hearing is cancelled or has been stipulated to by the State Attorney.
Criminal cases
Page 5 | Hearing and Trial Cancellations
The Judicial Assistant must receive written interpreter-request notice as soon as possible and before the evidentiary hearing or trial.
If the Defendant or a witness requires an interpreter for an evidentiary hearing or trial, the JA must be notified in writing as soon as possible and prior to any evidentiary hearing or trial.
Criminal cases
Page 5 | Interpreter Request
Parties should not contact the Judicial Assistant by both phone and email regarding the same request or inquiry.
Please do not call and email the Judicial Assistant regarding the same request or inquiry.
Criminal cases
Page 1 | Contact
Emails and phone calls received after 3:30 p.m. requesting court action the following morning will not be entertained.
Emails and phone calls after 3:30 p.m. requesting any action by the Court the following morning, will not be entertained.
Criminal cases
Page 1 | Contact
An Assistant State Attorney expecting a victim impact statement at a plea hearing must notify the Judicial Assistant in advance and request sufficient time for the statement.
Assistant State Attorneys who know in advance that a victim will be giving a victim impact statement at the time of a plea shall inform the Judicial Assistant in advance of the plea hearing and request the time necessary for presentation of the statement.
Criminal cases
Page 6 | Victim input at Plea hearings
Attorneys must give the Court advance notice of courtroom absences unless an emergency prevents notice.
All attorneys will be required to give the Court advance notice of any absences from the courtroom, except in cases of emergency.
Criminal cases
Page 7 | Courtroom Decorum
If you are aware you will be late, please personally email or have your staff email the Judicial Assistant as soon as you become aware you will not be on time.
If you are aware you will be late, please personally email or have your staff email the Judicial Assistant as soon as you become aware you will not be on time.
Criminal cases
Page 7 | Courtroom Decorum
Attorneys seeking a virtual appearance must request it in advance by email to the Judicial Assistant.
Any attorney requesting virtual appearance, including Assistant State Attorneys and Assistant Public Defenders, shall make the inquiry to appear remotely in advance in an email to the Judicial Assistant.
Criminal cases
Page 9 | Virtual Appearances
In an emergency when the judge or judicial assistant is unavailable, counsel should first attempt to contact the judicial assistant before contacting another division.
**When the Judge or JA is unavailable:** The Court has back-up Judges and an Administrative Judge to assist in cases of emergency during my personal absences or illness. Please attempt to contact my JA prior to contacting another division.
Criminal cases
Page 9 | If the Court/JA is not Available
Any objection to a party's video appearance must be written and submitted when opposing parties are notified of the Court's approval.
Objections to the video appearance of any party shall be made in writing at the time opposing parties are noticed of the Court approval of a virtual appearance.
Criminal cases
Page 9 | Virtual Appearances
Parties may email the Judicial Assistant to request hearing dates and times.
You may e-mail the Judicial Assistant for hearing dates and times at the following address: CLopez-Portobanco@ninthcircuit.org.
Criminal cases
Page 1 | Contact
Division 10-A prefers email communication.
This division prefers email.
Criminal cases
Page 1 | Contact
Plea dates may be coordinated by email with Judicial Assistant Celia Lopez-Portobanco before the pre-trial date.
Plea dates can be coordinated with the Judicial Assistant, Celia Lopez-Portobanco at the following address: CLopez-Portobanco@ninthcircuit.org prior to the date of Pretrial.
Criminal cases
Page 3 | Pre-Trials
Questions about a case and hearing-scheduling requests should be emailed to Judicial Assistant Celia Lopez-Portobanco.
If you have a question about a case or need to schedule a hearing, please email the Judicial Assistant, Celia Lopez-Portobanco at CLopez-Portobanco@ninthcircuit.org.
Criminal cases
Page 9 | If the Court/JA is not Available
Questions about the Court's procedural preferences should be submitted by email to the Judicial Assistant.
If you have a question as to the Court's preference regarding Court procedure, please email the Judicial Assistant.
Criminal cases
Page 10 | Please note