Judge Vincent Falcone III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Demand for Speedy Trial, Notice of Expiration of Time for Speedy Trial
- Email • Immediately Upon Filing
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 be submitted in writing, with forms available when the continuance is requested at pretrial conference.
- A motion to continue must be submitted by noon on the day before the pretrial conference and must state the opposing party’s position and good cause in detail appropriate to the number of prior continuances.
- A motion to continue must state the opposing party’s position and describe the good cause for the requested continuance.
Request must include
Communication
Chambers
Phone
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Document Format Requirements5 rules
If neither party is requesting a hearing on a bond motion, defense counsel shall send a proposed order in Word format with the motion to 10orange@ninthcircuit.org.
- File type
- Word
A proposed order in Word format should accompany the motion to transfer.
- File type
- Word
- Proposed order
A proposed order in Word format should accompany the motion to continue.
- File type
- Word
- Proposed order
A proposed order in Word format should accompany the motion.
- File type
- Word
- Proposed order
Division 10 Order Establishing Requirement for Printed Scoresheet
Formatting
- •A printed scoresheet is required
Document Filing Requirements14 rules
The prosecuting authority must have a printed current scoresheet ready in the courtroom when a listed criminal case is called for a plea, status, conference, probation matter, or other proceeding that may result in a plea.
Court's wording
The State Attorney or relevant prosecuting authority shall have a printed current scoresheet in the courtroom ready to be presented to the Court when a case listed on the docket is called on the record for a plea or status. This is required for any case set for plea, plea status, case management conference, trial management conference, violation of probation status, violation of probation hearing and/or any other proceeding that may result in a plea when called.
The movant must file a notice of hearing after the hearing confirmation is received from the Judicial Assistant.
If counsel believes in good faith that another motion or matter requires an expedited hearing, the request for an expedited hearing shall be noted in the hearing request to the Judicial Assistant.
A hearing request must include the case information, motion details, file-stamped motion, requested hearing time, custody status, opposing-counsel position or conferral confirmation, and any virtual-attendance request.
- Document
- Hearing request
Must include
- •Case number
Court's wording
The hearing request must include: i. Case number and style ii. Title of the motion(s) to be heard and the date the motion was filed iii. File-stamped copy of the motion attached iv. Amount of time requested for the hearing v. Whether the Defendant is in custody vi. Position of opposing counsel, if available, or confirmation that a conferral attempt was made without response vii. Any request for virtual attendance
Testimony by videoconference requires a motion and order in accordance with Florida Rule of Criminal Procedure 3.116(d).
For evidentiary proceedings, counsel may appear by videoconference only upon filing a motion and obtaining an order allowing the remote appearance.
If neither party is requesting a hearing on a bond motion, defense counsel shall send a proposed order in Word format with the motion to 10orange@ninthcircuit.org.
- Document
- Bond motion
Must include
- •Proposed order
The Assistant State Attorney shall submit a proposed writ of habeas corpus ad prosequendum when the presence of a defendant in federal custody is required for a proceeding.
The Assistant State Attorney shall submit a proposed transport order when the presence of a defendant in the custody of another county is required for a proceeding.
A proposed order in Word format should accompany the motion to transfer.
- Document
- Motion to transfer
Should include
- •Proposed order
A proposed order in Word format should accompany the motion to continue.
- Document
- Motion to continue
Should include
- •Proposed order
A proposed order in Word format should accompany the motion.
- Document
- Motion to continue
Should include
- •Proposed order
Defense counsel should bring a proposed order regarding the appointment of a requested expert, any unopposed finding of incompetency (including information regarding placement and/or conditional release terms), any unopposed finding of competency, and any other relief that is expected to be requested at the status.
- Document
- Competency status hearing
Should include
- •Proposed order
The attorney filing the motion for examination shall immediately contact opposing counsel to attempt to agree on an expert to evaluate the defendant and shall submit a proposed order if counsel are able to reach agreement.
- Document
- Motion for examination
Must include
- •Proposed order
Filing & Service rules
Filing Timing and Cure Windows
Counsel must request transportation by email at least three business days before the competency status hearing.
Counsel must email 10orange@ninthcircuit.org to request transport at least three (3) business days before the status hearing.
Page 11 | E. COMPETENCY PROCEEDINGS — 2. Competency Status Hearings
Transport orders must be submitted sufficiently early to permit transportation, address jurisdictional conflicts, and allow the court to reschedule if necessary.
Transport orders shall be submitted sufficiently far in advance to allow for transport, to permit the Court to address conflicts in other jurisdictions, and if necessary, to reschedule the proceeding for a time based on a transport issue or conflict.
Page 12 | F. MISCELLANEOUS MATTERS — 1. Transport Orders
Courtesy Copy Requirements
Defense counsel must email a courtesy copy to 10orange@ninthcircuit.org immediately upon filing a speedy-trial demand or notice of expiration.
Defense counsel shall send a courtesy copy of a demand for speedy trial or notice of expiration of the time for speedy trial to 10orange@ninthcircuit.org immediately upon filing the notice or demand.
Page 7 | B. PRETRIAL CONFERENCES AND CASE MANAGEMENT CONFERENCES
Pre-Motion Conference Requirements
Counsel must confer in good faith before a hearing, and failure to do so may result in cancellation, summary denial, or sanctions.
The Court expects counsel to comply with their obligation to communicate in a good faith effort to resolve or narrow disputes before the hearing. If counsel needlessly consume hearing time or otherwise delay, frustrate, or obstruct the proceedings by failing to confer in good faith, the Court may cancel the hearing, summarily deny the motion, or impose appropriate sanctions on counsel.
Page 5 | 5. Pre-Motion Conferral
Counsel must review the Uniform Trial Order and any Case Management Order for applicable pre-motion or pre-hearing conferral requirements.
Counsel shall review Section IV(C) of the Uniform Trial Order as well as any Case Management Order for pre-motion or pre-hearing conferral requirements.
Page 5 | 5. Pre-Motion Conferral
Division 10 requires a conference before pretrial.
Division 10 Order Establishing Requirement to Confer Prior to Pretrial
Page 1 | Important Information
Adjournment & Extension Requirements
A continuance motion must be submitted in writing, with forms available when the continuance is requested at pretrial conference.
Motions to continue must be made in writing, and forms are available for completion if the continuance is being requested at pretrial conference.
Page 6 | 2. Pretrial Conferences
A motion to continue must be submitted by noon on the day before the pretrial conference and must state the opposing party’s position and good cause in detail appropriate to the number of prior continuances.
on motions to continue submitted by noon the day before the pretrial conference. The motion must include the opposing party’s position and describe the good cause for the continuance in appropriate detail based on the number of prior continuances.
Page 7 | B. PRETRIAL CONFERENCES AND CASE MANAGEMENT CONFERENCES
A motion to continue must state the opposing party’s position and describe the good cause for the requested continuance.
As with pretrial conference, the Court greatly appreciates and will promptly rule on motions to continue submitted by noon the day before the status hearing. The motion must include the opposing party’s position and describe the good cause for the continuance. A proposed order in Word format should accompany the motion.
Page 10 | D. VIOLATION OF PROBATION PROCEEDINGS
Chambers Communication Rules
Non-open-court hearings must be scheduled by emailing the Judicial Assistant and copying all counsel.
Hearings that are not set in open court shall be scheduled by emailing the Judicial Assistant at 10orange@ninthcircuit.org with all counsel1 copied on the email.
Page 3 | A(1)(a)
A motion to transfer based on a related case must be emailed to the Administrative Judge at 19orange@ninthcircuit.org.
Motions to transfer to another division based on a related case shall be submitted to the Administrative Judge for consideration via email to 19orange@ninthcircuit.org.
Page 5 | 6. Motions to Transfer
Immediately after filing a motion for rehearing, reconsideration, or new trial, the filing party must email a copy to 10orange@ninthcircuit.org.
Upon filing a motion for rehearing, reconsideration, or a new trial, the party filing the motion must immediately email a copy of the motion to 10orange@ninthcircuit.org.
Page 5 | 7. Hearings on Motions for Rehearing, Reconsideration, or New Trial
If new dates are needed, the State must promptly email 10orange@ninthcircuit.org with defense counsel copied or file a motion requesting new dates.
In that situation, the State shall promptly email 10orange@ninthcircuit.org, with defense counsel copied, to raise the need for new dates or shall file a motion requesting new dates.
Page 6 | B. PRETRIAL CONFERENCES AND CASE MANAGEMENT CONFERENCES, 1. Scheduling
An attorney with more than three cases set for pretrial conference must obtain permission for a virtual appearance by emailing 10orange@ninthcircuit.org, copying all opposing counsel and explaining the need.
If any attorney has more than three cases set for pretrial conference, he or she must request and obtain permission for the virtual appearance by sending an email to 10orange@ninthcircuit.org with all opposing counsel copied explaining the need for the virtual appearance.
Page 6 | 2. Pretrial Conferences
Upon filing a motion for competency examination, counsel must immediately email a copy to the court with opposing counsel copied.
Upon filing a motion for examination pursuant to Florida Rule of Criminal Procedure 3.210(b), counsel shall immediately send a copy of the motion to 10orange@ninthcircuit.org with opposing counsel copied.
Page 11 | E. COMPETENCY PROCEEDINGS — 1. Motion for Examination
Counsel must notify the Judicial Assistant by email as soon as an interpreter is needed for a defendant, witness, or proceeding.
Counsel shall notify the Judicial Assistant at 10orange@ninthcircuit.org of requests for interpreters for defendants or witnesses for trial, hearings, or other proceedings as soon as the need for an interpreter or interpreters becomes known.
Page 12 | F. MISCELLANEOUS MATTERS — 2. Interpreters
A videoconference appearance at a non-evidentiary proceeding requires advance email notice to the Judicial Assistant but does not require a formal motion or order, to the extent allowed by law.
Videoconference appearance is permitted at non-evidentiary proceedings without the need for a formal motion or order to the extent allowed by law, provided that the attorney, party, or other participant notifies the Judicial Assistant by email to 10orange@ninthcircuit.org of the remote appearance in advance.
Page 4 | A(3)(a)
An attorney with no more than three cases may appear virtually at pretrial conference if the attorney gives the Judicial Assistant advance notice with the case styles and numbers and uses the specified Webex link.
Attorneys may appear virtually for pretrial conference provided that they have three or fewer cases set for pretrial conference. Counsel shall notify the Judicial Assistant of the virtual appearance in advance (providing the case styles and numbers) and shall use the Webex link in Section A(3) above.
Page 6 | 2. Pretrial Conferences
The dedicated link for remote appearances in Jimmy Ryce proceedings may be obtained by emailing the Judicial Assistant.
The Ninth Circuit uses a dedicated link for remote appearances in Jimmy Ryce proceedings, which may be obtained by emailing the Judicial Assistant.
Page 4 | A(3)(e)
The Circuit division lists 407-836-1533 as its phone contact and identifies the chambers location as the Orange County Courthouse.
Circuit Phone: 407.836.1533 Chambers: Orange County Courthouse
Page 1 | Circuit