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Court Rules
Judge A. Kathleen McNeilly
Judge

Judge A. Kathleen McNeilly

Individual Rules, Standing Orders & Policies

Rules last changed:
Seventh Judicial Circuit of Florida, Volusia, Flagler, Putnam, St. Johns

Limits & Logistics

Courtesy Copies

Courtesy copies

  • Email
  • Preferably No Later Than 3 Business Days Before Hearing

Motion

  • Email • No Less Than 24 Hours Before Proceeding

Adjournments

  • A motion to continue must be filed at least three days before the proceeding.

Communication

Email

Clerk, Chambers

jalbright@circuit7.org
Scheduling
Email

Clerk

volusiacriminal@clerk.org
Email

Chambers

division07@circuit7.org
Email

Chambers

Scheduling
Filters:

Document Format Requirements5 rules

FormattingMandatory

If the submission exceeds 25 pages in total, paper copies must be submitted, and electronic copies are not permitted.

Applies to
  • More than 25 pages
File type
Paper
6-25-2025-AKMCNEILLY-Practices-Proceed-Accessible- -revised · Jun 2025 · p. 4
|SectionD. Courtesy Copies of Case Law and Other Documents
FormattingMandatory

All proposed orders must be submitted in Word format by email to the Court’s Judicial Assistant at division07@circuit7.org.

FormattingMandatory

All exhibits for evidentiary hearings or trial must be provided in paper format to the clerk for marking prior to the hearing or trial, absent a showing of good cause.

File type
Paper
Applies to
  • Exhibits
FormattingImportant

Jury instructions must be submitted in Word Format.

Applies to
  • Jury instructions

Formatting

  • Word Format

Court's wording

A complete set of jury instructions, including the verdict form, must be sent in Word Format by the Assigned Assistant State Attorney to the Court’s Judicial Assistant at jalbright@circuit7.org by no later than NOON on the Friday preceding jury selection.

FormattingNote

If submitted electronically, documents in PDF or Word format are preferred, with each case or other item saved as a separate document.

6-25-2025-AKMCNEILLY-Practices-Proceed-Accessible- -revised · Jun 2025 · p. 4
|SectionD. Courtesy Copies of Case Law and Other Documents

Document Filing Requirements10 rules

Filing RequirementsMandatory

A cross-notice of hearing must indicate that all parties agree to the additional motion(s) being heard and must confirm that there is adequate time to hear the additional motion(s).

Filing RequirementsMandatory

All parties must agree to the cancellation.

Filing RequirementsMandatory

A notice of hearing involving any remote appearance must also include the Zoom meeting information.

Filing RequirementsMandatory

A notice of hearing must identify the case, hearing details, matters to be heard, and time reserved.

Court's wording

A notice of hearing must include the following information: 1) the case style and case number; 2) the date, time, and location of the hearing; 3) the matter(s) to be heard including docket number or filing date of each motion; and 4) the amount of time reserved for the hearing.

Filing RequirementsMandatory

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Filing RequirementsMandatory

Requests to use communication technology for an appearance must be made BY MOTION AND PROPOSED ORDER with a Courtesy Copy to the Court’s Judicial Assistant at jalbright@circuit7.org, and must be submitted no less than 24 hours prior to the proceeding for which the request is submitted.

Document
Remote appearance request

Must include

  • Proposed order
Filing RequirementsMandatory

The email must indicate whether all parties agree as to the form of the order.

Filing RequirementsMandatory

A party seeking an emergency hearing must file a detailed motion stating the issues, why an emergency hearing is necessary, and the presentation time needed for each party.

Court's wording

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issue(s) to be resolved, (2) the reason(s) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Filing RequirementsMandatory

A complete set of jury instructions, including the verdict form, must be sent in Word Format by the Assigned Assistant State Attorney to the Court’s Judicial Assistant at jalbright@circuit7.org by no later than NOON on the Friday preceding jury selection. Defense counsel must also send any requested instructions by that same time.

Filing RequirementsMandatory

You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

Filing & Service rules

Filing Timing and Cure Windows

A request to appear using communication technology must be submitted at least 24 hours before the proceeding.

Requests to use communication technology for an appearance must be made BY MOTION AND PROPOSED ORDER with a Courtesy Copy to the Court’s Judicial Assistant at jalbright@circuit7.org, and must be submitted no less than 24 hours prior to the proceeding for which the request is submitted.

Page 3 | B. Scheduling Procedures

The Court must receive hearing materials at least three business days before the hearing.

The Court must receive all materials for the hearing no later than three business days before the hearing.

Page 3 | B. Scheduling Procedures

After the Judicial Assistant confirms removal of the hearing from the calendar, the requesting party must immediately file and serve a notice of cancellation.

Upon confirmation from the Judicial Assistant that the hearing has been removed from the Judge’s calendar, the party requesting the cancellation must immediately file and serve a notice of cancellation.

Page 3 | B. Scheduling Procedures

Proposed orders must be submitted within five days after the hearing unless the Court orders additional time.

Proposed orders must be submitted within 5 days after the hearing, unless additional time is otherwise ordered.

Page 4 | C. Submission of Orders and Judgments

Service and Proof of Service Rules

The scheduling party must file and serve the hearing notice immediately after reserving hearing time.

A notice of hearing (or a cross-notice of hearing) must be filed and served by the party scheduling the hearing immediately after reserving hearing time.

Page 2 | B. Scheduling Procedures

After the Judicial Assistant confirms removal of the hearing from the calendar, the requesting party must immediately serve a notice of cancellation.

Upon confirmation from the Judicial Assistant that the hearing has been removed from the Judge’s calendar, the party requesting the cancellation must immediately file and serve a notice of cancellation.

Page 3 | B. Scheduling Procedures

Courtesy Copy Requirements

A party requesting communication technology for an appearance must submit a motion and proposed order, with a courtesy copy to the Court’s Judicial Assistant, at least 24 hours before the proceeding.

Requests to use communication technology for an appearance must be made BY MOTION AND PROPOSED ORDER with a Courtesy Copy to the Court’s Judicial Assistant at jalbright@circuit7.org, and must be submitted no less than 24 hours prior to the proceeding for which the request is submitted.

Page 3 | B. Scheduling Procedures

A thumb drive may also be used to submit courtesy copies.

A thumb drives may also be used.

Page 4 | D. Courtesy Copies of Case Law and Other Documents

Courtesy copies may be delivered by email, U.S. mail, or hand delivery.

E-mail, U.S. mail, or hand delivery of courtesy copies is acceptable.

Page 4 | D. Courtesy Copies of Case Law and Other Documents

Courtesy copies are preferably delivered no later than three business days before the hearing.

Courtesy copies shall preferably be delivered to the court no later than three (3) business days before the

Page 4 | D. Courtesy Copies of Case Law and Other Documents

Courtesy copies of case law and other documents may be submitted for any hearing to either listed Judicial Assistant email address.

Courtesy copies of case law and other documents may be submitted to the court for any hearing to Court’s Judicial Assistant at division07@circuit7.org; or jalbright@circuit7.org.

Page 4 | D. Courtesy Copies of Case Law and Other Documents

Adjournment & Extension Requirements

A motion to continue must be filed at least three days before the proceeding.

Motions to continue must be filed no less than three days prior to the proceeding for which a continuance is sought.

Page 3 | B. Scheduling Procedures

Continuances are disfavored and will be granted only upon a showing of good cause.

Continuances are disfavored and will be granted only upon a showing of good cause.

Page 3 | B. Scheduling Procedures

The Court generally will not permit cancellation unless the parties have resolved the issues, but may allow it upon a showing of good cause.

The Court will generally not permit the cancellation of a hearing unless the issue(s) to be addressed has been resolved by the parties except upon a showing of good cause.

Page 3 | B. Scheduling Procedures

Trial continuances are disfavored and will be granted only upon a showing of good cause.

Requests to continue trial are disfavored and will be granted only upon a showing of good cause.

Page 7 | H. Setting Case for Trial

Chambers Communication Rules

All communications to the judicial office must be emailed to the Judicial Assistant.

Method of Communication: All communications to the judicial office must be submitted by e-mail to the Court’s Judicial Assistant at: jalbright@circuit7.org

Page 1 | A. Communications with the Judicial Office

Communications with the judicial office must comply with Canon 3’s restrictions on ex parte communications, subject to authorization by law.

Ex parte 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 of the parties concerning a pending or impending proceeding, unless authorized by law.

Page 1 | A. Communications with the Judicial Office

Copies of all hearing notices must be sent to the Judicial Assistant.

Copies of all notices of hearing must also be sent to the Court’s Judicial Assistant at jalbright@circuit7.org.

Page 2 | B. Scheduling Procedures

Hearing requests must be emailed to the Judicial Assistant.

Hearings must be requested by e-mail to the Court’s Judicial Assistant at jalbright@circuit7.org.

Page 2 | B. Scheduling Procedures

Emails to the judicial office must copy all parties unless an ex parte communication is authorized by law.

All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

Page 2 | A. Communications with the Judicial Office

A hearing may not be cross-noticed to add another motion unless all parties agree.

Cross-noticing a hearing to add another motion to a previously scheduled hearing is not permitted unless all parties agree.

Page 2 | B. Scheduling Procedures

Remote appearance is not permitted at docket soundings.

**REMOTE APPEARANCE IS NOT PERMITTED AT DOCKET SOUNDING(S).

Page 3 | B. Scheduling Procedures

To request cancellation, email the Judicial Assistant, include the case number, case name, and relevant matter in the subject line, and copy all parties.

To cancel a scheduled hearing, you must email the Court’s Judicial Assistant at jalbright@circuit7.org. Again, the subject line must contain the case number, case name, and relevant matter (e.g., 2025 102800 CFDB – State v. Smith - 2-Hour Suppression Hearing Cancellation Request). All parties must be copied on the e-mail.

Page 3 | B. Scheduling Procedures

Proposed orders must be emailed to the Judicial Assistant at division07@circuit7.org.

All proposed orders must be submitted in Word format by email to the Court’s Judicial Assistant at division07@circuit7.org.

Page 4 | C. Submission of Orders and Judgments

Requests for a case management or status conference must be emailed to the Judicial Assistant with the case number, case name, and relevant matter in the subject line, and all parties must be copied unless an ex parte communication is authorized by law.

A request for a CMC or status conference must be made by e-mail to the Court’s Judicial Assistant at jalbright@circuit7.org. The subject line must include the case number, case name, and relevant matter (e.g., CASE NO. – State v. NAME – 30 min CMC Requested). All parties must be copied on any email directed to the judicial office, unless an ex parte communication is authorized by law.

Page 6 | G. Pretrial Procedures and Conferences

For a plea in a case pending in Flagler, Putnam, or St. Johns County, the Clerk’s office must be notified by email at least 24 hours before the plea hearing.

Procedure: In order for a Defendant to enter a plea in a case pending in Flagler, Putnam, or St. Johns counties, you must notify the Clerk’s office at VolusiaCriminal@clerk.org and the Court’s Judicial Assistant at jalbright@circuit7.org at least 24 hours prior to the plea hearing.

Page 8 | J. Out of County Pleas

Emails to the judicial office must include the case number, case name, and relevant matter in the subject line.

The subject line must contain the case number, case name, and relevant matter (e.g., 2025 102800 CFDB – State v. Smith - 2-Hour Suppression Hearing Requested).

Page 1 | A. Communications with the Judicial Office

Parties may contact the judicial office only as permitted by these practices and procedures.

Parties may only contact the judicial office in accordance with these practices and procedures.

Page 2 | A. Communications with the Judicial Office

The court will not consider unsolicited communications from non-parties.

Unsolicited communications from non-parties will not be considered by the court.

Page 2 | A. Communications with the Judicial Office

Only the Court’s Judicial Assistant may remove a scheduled hearing from the Judge’s calendar.

Only the Court’s Judicial Assistant can remove a scheduled hearing from the Judge’s calendar.

Page 3 | B. Scheduling Procedures

Court-wide rules

Applies court-wide

These 10 rules apply across Seventh Judicial Circuit of Florida, Volusia, Flagler, Putnam, St. Johns. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Service

All 7
  • A motion regarding parenting issues must be served on the other parent according to the applicable procedural rules.

  • Self-represented parties must simultaneously send copies of pleadings to the other self-represented party or the other party's lawyer.

  • Self-represented parties must immediately notify the Clerk and all other lawyers or parties in writing of changes to their mailing address, telephone number, or email address.

Adjournments

All 1
  • Judges must apply firm continuance policies and allow continuances only for good cause.

Pre-Motion Conferences

All 1
  • Before filing a motion, the parties must discuss its issues by email, phone, or text unless discussion would threaten the children's safety.

E-Filing

All 1
  • Self-represented parties must file pleadings with the Clerk in person or through the Florida Courts E-Filing Portal.

About Judge A. Kathleen McNeilly
  • Elected to the bench in 2016.
  • Undergraduate degree, Stetson University.
  • Juris Doctor, Stetson University College of Law.
  • Admitted to The Florida Bar in 1988.
  • Served as a law clerk for the federal judiciary before entering private practice.
  • Currently hears criminal and Drug Court cases at the Volusia County Courthouse in DeLand.
  • Division: 07 – Felony Criminal, 22 – Drug Court
  • Courthouse: Volusia County Courthouse
  • Address: 101 N. Alabama Ave, Suite D-337, DeLand, Fl. 32724
  • Phone or fax: (386) 740-5270
  • Phone or fax: (386) 822-5021
  • Judicial assistant: Julia Albright
  • Email (judicial assistant): jalbright@circuit7.org
Common questions about Judge A. Kathleen McNeilly's rules

Are courtesy copies required for Judge A. Kathleen McNeilly?

Courtesy-copy rule applies for motions. Details: delivery no less than 24 hours before proceeding, by email. A party requesting communication technology for an appearance must submit a motion and proposed order, with a courtesy copy to the Court’s Judicial Assistant, at least 24 hours before the proceeding.

View ruleSource: page 3, section B. Scheduling Procedures

What formatting rules apply to filings before Judge A. Kathleen McNeilly?

Judge A. Kathleen McNeilly's formatting rule includes proposed orders must be submitted in word format.. Proposed orders must be submitted in Word format by email to the Judicial Assistant.

View ruleSource: page 4, section C. Submission of Orders and Judgments

What must be included with hearing cancellation request filings before Judge A. Kathleen McNeilly?

All parties must agree before a scheduled hearing may be cancelled.

View ruleSource: page 3, section B. Scheduling Procedures

What must be included with cross notice of hearing filings before Judge A. Kathleen McNeilly?

A cross-notice must state that all parties agree to the additional motions and confirm adequate hearing time.

View ruleSource: page 2, section B. Scheduling Procedures

How may parties contact Judge A. Kathleen McNeilly's chambers?

The rule lists email jalbright@circuit7.org. Copies of all hearing notices must be sent to the Judicial Assistant.

View ruleSource: page 2, section B. Scheduling Procedures

How do I request an adjournment or extension before Judge A. Kathleen McNeilly?

A motion to continue must be filed at least three days before the proceeding.

View ruleSource: page 3, section B. Scheduling Procedures

What filing deadlines does Judge A. Kathleen McNeilly set?

The Court must receive hearing materials at least three business days before the hearing.

View ruleSource: page 3, section B. Scheduling Procedures

What rule applies to service for notice of hearing before Judge A. Kathleen McNeilly?

The scheduling party must file and serve the hearing notice immediately after reserving hearing time.

View ruleSource: page 2, section B. Scheduling Procedures
Complete rules summary for Judge A. Kathleen McNeilly

Copies of all hearing notices must be sent to the Judicial Assistant.

All parties must agree before a scheduled hearing may be cancelled.

All communications to the judicial office must be emailed to the Judicial Assistant.

For a plea in a case pending in Flagler, Putnam, or St. Johns County, the Clerk’s office must be notified by email at least 24 hours before the plea hearing.

Requests for a case management or status conference must be emailed to the Judicial Assistant with the case number, case name, and relevant matter in the subject line, and all parties must be copied unless an ex parte communication is authorized by law.

Communications with the judicial office must comply with Canon 3’s restrictions on ex parte communications, subject to authorization by law.

Courtesy copies may be delivered by email, U.S. mail, or hand delivery.

Emails to the judicial office must copy all parties unless an ex parte communication is authorized by law.

Remote appearance is not permitted at docket soundings.

Emails to the judicial office must include the case number, case name, and relevant matter in the subject line.

Parties may contact the judicial office only as permitted by these practices and procedures.

The scheduling party must file and serve the hearing notice immediately after reserving hearing time.

A cross-notice must state that all parties agree to the additional motions and confirm adequate hearing time.

The court will not consider unsolicited communications from non-parties.

A notice of hearing must identify the case, hearing details, matters to be heard, and time reserved.

A notice of hearing involving a remote appearance must include the Zoom meeting information.

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

The Court must receive hearing materials at least three business days before the hearing.

Continuances are disfavored and will be granted only upon a showing of good cause.

A motion to continue must be filed at least three days before the proceeding.

Only the Court’s Judicial Assistant may remove a scheduled hearing from the Judge’s calendar.

To request cancellation, email the Judicial Assistant, include the case number, case name, and relevant matter in the subject line, and copy all parties.

After the Judicial Assistant confirms removal of the hearing from the calendar, the requesting party must immediately file and serve a notice of cancellation.

The Court generally will not permit cancellation unless the parties have resolved the issues, but may allow it upon a showing of good cause.

A request to appear using communication technology must be made by motion with a proposed order, a courtesy copy emailed to the Judicial Assistant, and submitted at least 24 hours before the proceeding.

A party requesting communication technology for an appearance must submit a motion and proposed order, with a courtesy copy to the Court’s Judicial Assistant, at least 24 hours before the proceeding.

A request to appear using communication technology must be submitted at least 24 hours before the proceeding.

Proposed orders must be submitted in Word format by email to the Judicial Assistant.

Proposed orders must be submitted within five days after the hearing unless the Court orders additional time.

The email submitting a proposed order must state whether all parties agree as to its form.

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