Judge Wayne C. Wooten
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
Motion, Proposed Order
Notice of Hearing
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Communication
Chambers
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Filing Requirements8 rules
A motion to appear virtually at pretrial must be accompanied by a proposed order.
- Document
- Motion to appear virtually at pretrial
Must include
- •Proposed order
Court's wording
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.
*** 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
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. You must provide the Defendant's name, case number, scheduled hearing date and the language required.
All defense attorneys should have a form Order of Continuance to present to the Court at Pre-Trials if the motion is made at Pre-Trial.
In the proposed order, please title the order "Unopposed Order Granting ..."
- Document
- Proposed order
Include
- •Unopposed Order Granting ...
However, the Court will expect parties 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.
Request for a Pre-Sentence Investigation will be deemed to be waived unless specifically requested prior to any sentencing following a plea or jury verdict.
Filing & Service rules
Electronic Filing Rules
The original motion must be electronically filed with the Clerk before requesting hearing dates or times from the Judicial Assistant.
The original Motion must be e-filed with the Clerk's Office before you contact the JA for hearing dates and times.
Criminal cases
Page 3 | Request for Hearing Dates and Times:
After the judge signs a continuance order, the new pretrial and trial dates will be entered and 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:
After obtaining a hearing date, the attorney must file the original Notice of Hearing with the Clerk either physically or electronically.
It is then your responsibility to file an original Notice of Hearing with the Clerk's Office (physically or by e-file).
Criminal cases
Page 4 | Request for Hearing Dates and Times:
For a continuance request, the written motion and order may be submitted by compliant e-filing, advance filing with the Clerk, or physical presentation at pretrial.
If a Continuance is requested, the written Motion for Continuance and Order must be filed previously e-filed in conformity with the virtual pretrial rules, 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.
Criminal cases
Page 4 | Motions for a Continuance:
Filing Timing and Cure Windows
Materials for advance review require stipulation by all parties, and communications, evidentiary-review requests, supporting case law, requests, or motions submitted after noon one business day before the hearing or trial will not be reviewed and may be summarily denied.
The Court may consider materials submitted to the Judge for advance review by stipulation of all parties before a trial or hearing. 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:
An attorney seeking a virtual pretrial appearance must file a motion and email courtesy copies of the motion and proposed order to the Judicial Assistant 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:
Evidentiary hearings must comply with the trial orders, and motions or hearing requests outside those time periods may be denied summarily.
Any evidentiary hearings will be held in conformity with the trial orders. 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 client-signed written waiver of appearance must be filed by 3:00 p.m. one business day before an arraignment, pretrial, or status hearing for the Court to honor it.
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 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 Court's trial-list email constitutes service for the attorney and the client's appearance.
The email from the Court will constitute service for you and your client's appearance.
Criminal cases
Page 3 | Trial Periods:
The moving party must notify all parties when a hearing is cancelled.
It is also the responsibility of the moving party to notify all parties of the cancellation.
Criminal cases
Page 5 | Hearing and Trial Cancellations
Courtesy Copy Requirements
Email courtesy copies of the motion to appear virtually and the proposed order to the Judicial Assistant 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:
A courtesy copy of the Notice of Hearing must be provided to the judge.
A courtesy copy of the Notice of Hearing is required for the Judge.
Criminal cases
Page 4 | Request for Hearing Dates and Times:
For an unopposed motion, the attorney may email courtesy copies of the motion and proposed order.
If your Motion is unopposed, you may email a courtesy copy of the Motion and Order.
Criminal cases
Page 4 | Unopposed Motions and Orders:
Pre-Motion Conference Requirements
The Court has sole discretion whether to set an expedited emergency motion for hearing.
Expedited "emergency" motions will be set at the sole discretion of the Court.
Criminal cases
Page 3 | Request for Hearing Dates and Times:
Adjournment & Extension Requirements
A continuance motion must state the State Attorney's position and include a defendant-signed waiver of speedy trial unless previously waived.
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:
A written motion for continuance and proposed order must be e-filed under the virtual pretrial rules, filed in advance with the Clerk, or physically presented to the judge or trial clerk at the pretrial when requested.
If a Continuance is requested, the written Motion for Continuance and Order must be filed previously e-filed in conformity with the virtual pretrial rules, 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.
Criminal cases
Page 4 | Motions for a Continuance:
Chambers Communication Rules
Do not make ex-parte communications to Judge Wooten, and copy the Judicial Assistant on all correspondence to the judge.
Judge Wayne C. Wooten is not permitted to entertain ex-parte communications. You must cc: the Judicial Assistant on any correspondence to the Judge.
Criminal cases
Page 1 | Contacting the Judge and Information/Requests/Supporting Case Law submitted to the Court:
The attorney must coordinate every motion hearing with the Judicial Assistant.
All motion hearings must be coordinated with the Judicial Assistant.
Criminal cases
Page 3 | Request for Hearing Dates and Times:
The Court will not entertain a hearing-time request, including an emergency motion, submitted by telephone after 12:00 p.m. one business day before the requested hearing.
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.
Criminal cases
Page 3 | Request for Hearing Dates and Times:
If no trial assignment email arrives by 5:00 p.m. on the Monday after pretrial, the attorney must contact the Judicial Assistant to confirm the trial date.
Should you not receive an email assigning your case a specific date by 5:00 p.m. the Monday following the Pre-Trial, it is the Attorney's responsibility to contact the Judicial Assistant to confirm the day the case will be called for Trial.
Criminal cases
Page 3 | Trial Periods:
The moving party must coordinate the proposed hearing date and time with opposing counsel before securing time in court.
It is the responsibility of the moving party setting the hearing to coordinate the hearing date and time with opposing counsel. If you secure hearing time in court, you are representing that you have coordinated with opposing counsel.
Criminal cases
Page 4 | Request for Hearing Dates and Times:
A hearing-date request must be emailed to the Judicial Assistant with the defendant's name, case number, next scheduled court date, and requested hearing duration.
When requesting a hearing date, please e-mail the Judicial Assistant and have the Defendant's ===== PAGE 4 ===== name, case number, the next scheduled court date and the amount of time required for the hearing.
Criminal cases
Page 4 | Request for Hearing Dates and Times:
Use email as the preferred way to ask procedural questions; if calling is necessary, do not also email about the same matter, and requests received after 3:30 p.m. for action the next morning will not be entertained.
If you have a question or need to clarify a procedure, please do not hesitate to contact the JA at: shall@ninthcircuit.org. This division prefers email. If you must call, Ms. Hall's phone number is 407-742-2678. You can expect voice mails to be responded to by the end of the next business day. Please do not both call and email the Judicial Assistant regarding the same request or inquiry. 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
The Court will email attorneys the Trial List by the end of the business day on the Monday following pretrial.
All Attorneys will receive, via e-mail, the "Trial List" by the end of business on the Monday following Pre-Trial.
Criminal cases
Page 3 | Trial Periods:
Only the Court may deviate from the waiver policy, through an on-record ruling or written communication from the Judicial Assistant.
Any deviations to this policy will only be made by the Court on the record or in writing by the Judicial Assistant.
Criminal cases
Page 4 | Waivers of Appearance of Clients for Arraignment, Pre-Trial Hearings or Status Hearings:
Attorneys must give the Court advance notice of courtroom absences, except in emergencies, and must promptly email the Judicial Assistant upon becoming aware they will be late; unless excused, they must arrange coverage counsel.
All attorneys will be required to give the Court advance notice of any absences from the courtroom, except in cases of emergency. Unless excused by the Court, cases will be called as scheduled and the attorney is responsible for having coverage counsel arranged if they are unable to be in Court. 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 submit an advance inquiry 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 | Motions/Hearings/Interpreters
Emergency requests based on illness or unforeseen circumstances are considered upon a showing of need.
Emergency requests for illness or unforeseen circumstances will be considered by the Court upon a demonstration of need.
Criminal cases
Page 9 | Motions/Hearings/Interpreters
Email the Judicial Assistant to request hearing dates and times; the response will be sent by email.
You may e-mail the Judicial Assistant for hearing dates and times at the following address: shall@ninthcircuit.org Responses will be sent via e-mail to confirm that the hearing has been set.
Criminal cases
Page 1 | Contact
Plea dates may be coordinated by email with Judicial Assistant Sharice Hall before the pretrial.
Plea dates can be coordinated with the Judicial Assistant, Sharice Hall at the following address: shall@ninthcircuit.org prior to the date of Pretrial.
Criminal cases
Page 3 | Trial Periods:
Questions about a case or hearing scheduling requests should be emailed to Judicial Assistant Sharice Hall at Shall@ninthcircuit.org.
If you have a question about a case or need to schedule a hearing, please email the Judicial Assistant, Sharice Hall at Shall@ninthcircuit.org.
Criminal cases
Page 9 | If the Court/JA is not Available
Questions about the Court's procedural preferences should be directed to the Judicial Assistant by email.
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: