Judge David A. Cromartie
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
- No Later Than 3 Days Before Evidentiary Proceeding
Communication
Chambers
Clerk
Clerk
Phone
Document Format Requirements3 rules
All proposed orders must be submitted in an up-to-date “WORD” format. PDF orders will not be accepted.
• Format: Exhibits must be submitted to the Clerk of Court in paper format.
- File type
- Paper
- Exhibits
WORD document if submitted electronically.
Formatting
- •If submitted electronically, the courtesy copy must be a WORD document
Document Filing Requirements6 rules
The party scheduling the hearing shall promptly prepare and file a Notice of Hearing to include the following: date and time of hearing, motion(s) to be heard, and amount of time reserved for hearing.
Please state in your motion, the position of opposing party, whether they object or not to the motion.
A notice of hearing involving any remote appearance must list the judicial Zoom credentials.
All notices of hearing must contain the ADA notification required by Florida Rules of General Practice and Judicial Administration 2.540.
A detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
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
Electronic Filing Rules
Proposed orders must be emailed to the division email address, which is only for proposed-order submissions and does not allow replies or forwarding.
Proposed Orders only should be emailed to division83@circuit7.org The division email account is solely for the purpose of submitting proposed orders. It does not allow for a reply and/or forward.
Criminal cases
Page 4 | D. Submission of Orders
Pleadings and requests must not be submitted through the division email address.
Do not submit any pleadings or requests via this division email address.
Criminal cases
Page 4 | D. Submission of Orders
Filing Timing and Cure Windows
The court must receive all hearing materials at least three business days before the hearing.
The court must receive all materials for the hearing no later than (3) three business days before the hearing.
Criminal cases
Page 2 | B. Scheduling Procedures
All exhibits must be submitted to the Clerk in court at the time of the hearing.
• Submission Method: Submit all exhibits to the Clerk in court at the time of hearing.
Criminal cases
Page 5 | G. Exhibits for Evidentiary Proceedings
Exhibits must be brought to court on the day of the scheduled hearing.
• Deadline for Submission: Exhibits need to be brought to court the day of the scheduled hearing.
Criminal cases
Page 5 | G. Exhibits for Evidentiary Proceedings
The required out-of-county plea notifications must be sent 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. John’s counties, you must notify the Clerk’s office at VolusiaCriminal@clerk.org and the Court’s Judicial Assistant at mmcgowan@circuit7.org at least 24 hours prior to the plea hearing.
Criminal cases
Page 6 | K. Out of County Pleas
Courtesy Copy Requirements
Courtesy copies must reach the court at least three days before an evidentiary proceeding.
Courtesy copies must be delivered to the court no later than three (3) days before any evidentiary proceeding.
Criminal cases
Page 4 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies of case law may be submitted for any evidentiary proceeding.
Courtesy copies of case law may be submitted to the court for any evidentiary proceeding.
Criminal cases
Page 4 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies may be submitted by emailing the Judicial Assistant at the stated address.
E-mail the Judicial Assistant, mmcgowan@circuit7.org
Criminal cases
Page 4 | E. Courtesy Copies of Case Law and Other Documents
Pre-Motion Conference Requirements
A motion must be filed with the Clerk of Court before hearing time is requested.
Motions: All Motion(s) must be filed with the Clerk of Court PRIOR to requesting hearing time.
Criminal cases
Page 2 | B. Scheduling Procedures
Adjournment & Extension Requirements
Continuances of evidentiary hearings are disfavored and require a showing of good cause.
Continuances of evidentiary hearings are disfavored and will be granted only upon good cause shown.
Criminal cases
Page 2 | B. Scheduling Procedures
Chambers Communication Rules
Emails directed to the judicial office must copy all parties.
All parties must be copied on any email directed to the judicial office.
Criminal cases
Page 1 | A. Communications with the Judicial Office
Ex parte and other communications outside the parties’ presence concerning a pending or impending proceeding are prohibited unless authorized by law.
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.
Criminal cases
Page 1 | A. Communications with the Judicial Office
Communications to the judicial office must be sent by email to the stated address.
Method of Communication: All communications to the judicial office must be submitted by e-mail to mmcgowan@circuit7.org.
Criminal cases
Page 1 | A. Communications with the Judicial Office
Emails to the judicial office must copy all parties unless the communication is authorized by law as ex parte.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Criminal cases
Page 1 | A. Communications with the Judicial Office
Hearing requests must be emailed to the judicial assistant at the stated address, with all parties copied.
Hearings must be requested via email through the Court’s Judicial Assistant, Margaret McGowan at mmcgowan@circuit7.org with ALL parties copied on the email request.
Criminal cases
Page 2 | B. Scheduling Procedures
For a plea in a case pending in Flagler, Putnam, or St. John’s 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. John’s counties, you must notify the Clerk’s office at VolusiaCriminal@clerk.org and the Court’s Judicial Assistant at mmcgowan@circuit7.org at least 24 hours prior to the plea hearing.
Criminal cases
Page 6 | K. Out of County Pleas
Emails to the judicial office must identify 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.
Criminal cases
Page 1 | A. Communications with the Judicial Office
Parties may contact the judicial office only as permitted by the stated practices and procedures.
Parties may only contact the judicial office in accordance with these practices and procedures.
Criminal cases
Page 2 | A. Communications with the Judicial Office
A hearing-request email must state the case number, requested hearing duration, and motions to be heard.
In your email, please include case number, how much hearing time is needed and what motion(s) are being heard.
Criminal cases
Page 2 | B. Scheduling Procedures
The court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the court.
Criminal cases
Page 2 | A. Communications with the Judicial Office
Requests for ADA accommodations must be made to Court Administration at least seven business days before the scheduled hearing.
• ADA Accommodations: If you need an ADA accommodation, please contact Court Administration at least seven (7) business days prior to your scheduled hearing. Court Administration 101 N. Alabama Ave., Ste. B-206 DeLand, FL 32724 386-257-6096
Criminal cases
Page 6 | L. Other Division Procedures
For a sign language interpreter or accommodation needed at a hearing or trial, contact Court Administration or call its listed number.
• Sign Language Requests: If a sign language interpreter or accommodation is needed for hearing or trial, please contact Court Administration, 101 N. Alabama Ave., Ste., B-206, DeLand, FL 32724 or call 386-257-6096.
Criminal cases
Page 6 | L. Other Division Procedures
For an interpreter needed at a hearing or trial, request one by email or telephone.
• Interpreter Requests: If an interpreter is needed for a hearing or trial, please email interpreter@circuit7.org or call 386-626-6566.
Criminal cases
Page 6 | L. Other Division Procedures
Anyone unable to attend the Zoom session must email a written explanation to the clerk, and the judge will review whether to reset the case for Zoom or in person.
If you are not able to attend the Zoom session, we will need a written explanation sent by email to clerk@clerk.org The judge will review and either reset your case for another Zoom session or, if you are unable to do Zoom, an in-person session.
Court notice
Page 2 | REGARDING AUDIO
Questions about the instructions may be sent to division83@circuit7.org.
If you have any questions regarding these instructions, please email division83@circuit7.org or call 386-257-6042.
Court notice
Page 2 | REGARDING AUDIO