Judge Megan Leaf
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Filings < 25 pages
Filings > 25 pages
- Before Hearing
Motion, Notice
Adjournments
- A criminal pretrial conference may be continued twice without defense counsel appearing if the request is filed at least 24 hours beforehand or handed to the Clerk at the conference.
- All motions to continue trial must be set for hearing.
- After a trial period is set, requests to continue trial or change the trial period must be set for hearing; filing a new Case Management Report alone is insufficient.
Request must include
Communication
Chambers
Phone
Chambers
Document Format Requirements5 rules
At least two days before an evidentiary hearing or trial, exhibits and exhibit indexes/lists must be delivered in a three-ring binder with an index and plaintiff exhibits numbered 1–10 and defendant exhibits lettered A–Z.
- Binding
- Three-ring binder
- Exhibits
Court's wording
Exhibits for evidentiary hearings and trials, as well as indexes/exhibit lists, must be delivered to the Court at least two days prior to the hearing date in a three (3) ring binder with an index listing the exhibits, documents or other evidence to be used at trial and labeling the evidence as follows: Plaintiff – Each exhibit or piece of evidence shall be identified by a number (1‐10) Defendant – Each exhibit or piece of evidence shall be identified by a letter (A‐Z)
All completed plea in absentia (PIA) paperwork must be submitted to Chambers in hard copy form at least 24 hours prior to scheduled PIA date (Court requires the original documents.)
- File type
- Paper
Formatting
- •Court requires the original documents
- •Submit to Chambers at least 24 hours before the scheduled PIA date
Proposed orders: Word format only Cover letters: PDF/A format only Attachments to orders: PDF/A format only
- Proposed order
- Cover letter
- Attachments
Formatting
- •Proposed orders: Word format only
- •Cover letters: PDF/A format only
There should be another hard copy set brought to Court on the date of the hearing for the Clerk to submit into evidence.
- File type
- Paper
Placing four pages of a deposition transcript on a single page is not permitted.
Document Filing Requirements48 rules
Emergency-hearing motions must be delivered to Judge Leaf’s office or emailed as urgent, with a copy sent to the opposing party by the same method; the motion should describe the emergency, and the Court decides whether to expedite a hearing.
Court's wording
All motions requesting emergency hearing time must be either (1) delivered directly to Judge Leaf’s office marked as “urgent” (2) submitted via email to CoDivisionF@jud12.flcourts.org again noting the matter is “urgent” with copies sent to the opposing party via the same delivery method. The motion should detail the circumstances of the emergency. The Court will review the motion and determine whether an expedited hearing is warranted.
Defense attorneys are required to let probation know and provide probation intake form to probation department immediately after plea.
All agreed/stipulated proposed orders must clearly state “Agreed/Stipulated” in the heading and must indicate the basis of the stipulation/agreement. This can be done by attaching a signed stipulation or copy of an email indicating the agreement or filing same. An agreement to a proposed order does not guarantee Court approval.
A motion to compel discovery must quote in full each discovery request at issue and the opposing party’s objection and stated grounds.
Court's wording
“Motions to compel discovery shall quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed and the objection and grounds given by the opposing parties.”
All continuance motions must be in writing and signed by the client/party. Fla. R. Civ. P. 1.460; Fla. R. Gen. Prac. & Jud. Admin. 2.525(e).
Each motion for summary judgment must include a specifically captioned section titled, “Statement of Material Facts.”
- Document
- Summary judgment motion
Must include
- •Statement of facts
Each fact must be supported by a pinpoint citation to a specific part of the record relied upon to support that fact.
Supporting source documents must be filed with the Clerk and displayed on the progress docket unless they are already displayed there.
Court's wording
The source document supporting each fact referenced in the Statement of Material Facts must be filed with the Clerk and displayed on the progress docket. Source documents already displayed on the progress docket do not need to be refiled.
The Statement of Material facts must list each material fact alleged not to be disputed in separate, numbered paragraphs.
Each denial of a fact must set forth a pinpoint citation to the record where the fact is disputed in the same form as above, including:
The nonmoving party must admit or deny each assertion in matching numbered paragraphs, but may add facts while still mirroring the moving party’s presentation.
Court's wording
The nonmoving party’s response must mirror the Statement of Material Facts by admitting and/or denying each of the moving party’s assertions of fact in matching numbered paragraphs. The nonmovant may include additional facts; however, the nonmovant must still mirror the movant’s presentation of facts.
A general citation without a pinpoint is not permitted and may result in the judge concluding the factual assertion is not properly supported.
Failure to submit a Statement of Material Facts at the time of filing the summary judgment motion constitutes grounds for denial of the motion.
- Document
- Summary judgment motion
Include
- •Statement of facts
Each response in opposition to a motion for summary judgment must include a specifically captioned section titled “Response to Statement of Material Facts.”
Pinpoint citations must include the Clerk-assigned DIN in Sarasota County or the docket number in Manatee or DeSoto County.
Court's wording
The pinpoint citation must also include: 1. for Sarasota County, the Document Identification Number (DIN) assigned by the Clerk on the progress docket; or 2. for Manatee County and DeSoto Counties, the docket number.
The nonmoving party must file a response to the Statement of Material Facts.
If a deposition transcript is referenced, the complete, full-sized transcript must be filed, including exhibits.
If a deposition transcript is referenced, the complete, full-sized transcript must be filed, including exhibits
The nonmoving party’s response must correspond with the paragraph scheme used in the Statement of Material Facts.
Additional facts which the nonmoving party contends are material shall be numbered and placed at the end of the nonmoving party’s response and must include pinpoint citations to the record to establish a fact.
A general citation without a pinpoint is not permitted and may result in the Court concluding the moving party’s factual assertion is undisputed.
Referenced source documents must be filed with the Clerk and identified on the progress docket, unless already displayed there.
Court's wording
Each source document referenced in the Response to Statement of Material Facts must be filed with the Clerk and referenced on the progress docket. Source documents already displayed on the progress docket do not need to be refiled.
The Defendant waives speedy trial.
Include
- •The Defendant waives speedy trial
A trial-setting request specifies a trial period and Docket Sounding no more than 10 weeks after the currently scheduled Pretrial Conference, and certifies that counsel reviewed discovery and the plea offer with the client and conferred with the State, which has no objection.
Court's wording
___Set this case for trial for the trial period with Docket Sounding (which is not more than 10 weeks from the currently set pretrial conference date) on and Trial week beginning on_______________________ (see Judge Leaf’s calendar on the Court’s website for dates). The undersigned certifies that they have received, reviewed, and discussed discovery and the plea offer with their client. The undersigned further certifies that they have conferred with the State, who has no objection to this trial period.
Undersigned counsel certifies that they have notified their client of the required Docket Sounding, Trial Status, and Trial dates and has informed them that Docket Sounding, Trial Status, and Trial are mandatory in-person court appearances requiring their client’s presence; a failure to appear will subject their client to a Bench Warrant.
Further, if speedy trial has not previously been waived and, if the first day of the selected trial period falls outside of speedy trial timeframes, then the Defendant waives speedy trial.
_____ d. Plea to be taken in open court with Defendant’s attorney appearing in open court (in the rare occasion the attorney is already in court), by phone or zoom (both of which are preferred). Arrangements for phone or zoom conference to be made at the time the Plea in Absentia disposition is set with Judicial Assistant. The notice must include the method by which the parties will appear.
For pleas to offenses requiring fingerprints, fingerprints must be obtained and submitted before disposition, and the fingerprint sheet must be returned notarized and dated.
Court's wording
_____ b. Fingerprints _____ Fingerprints must be obtained and submitted to the Court prior to the disposition of the case. Fingerprint sheet must be returned notarized and dated.
In Manatee, the defendant must report to probation in person within 24 hours after plea acceptance unless permitted to report by phone; in Sarasota, the defendant must contact Professional Probation Services within 48 business hours to arrange probation reporting or approved mail-in probation.
Court's wording
_____ c. Manatee - Defendant to report in person to probation within 24 hours of plea being accepted by the Court, unless permission is granted to report by phone. Sarasota - Defendant will contact Professional Probation Services within 48 business hours of plea being accepted by the Court: (941) 894- 1232 to set up a date to report to probation or to set up mail-in probation, if mail-in probation was allowed pursuant to the plea agreement.
The plea-in-absentia form must state the specific date, time, and courtroom for fingerprinting, which must occur before the judge who took the plea.
Court's wording
_____ Plea in absentia form must include specific date and time, and courtroom, on and to which defendant will report for fingerprinting. Fingerprints must be done in front of the judge that took plea.
_____ Form fully filled out; _____ Form notarized; _____ Specifics of entire agreement written on the form before the Defendant signs the form. No additions or deletions from a signed and notarized plea in absentia (PIA) form will be accepted in open court without the Defendant present by phone or video.
_____ If fingerprints cannot be procured prior to the plea, fingerprints shall be obtained within 60-DAYS as a condition of probation. If probation is not part of the sentence, Defendant will be placed on administrative probation for 60-DAYS with fingerprints as the only condition.
SARASOTA NOTE: Division B & D require fingerprints on ALL cases
_____ Form fully filled out; _____ Form notarized; _____ Specifics of entire agreement written on the form before the Defendant signs the form. No additions or deletions from a signed and notarized plea in absentia form will be accepted in open court without the Defendant present by phone or video.
If the defendant will be on any type of probation, a fully executed Probation Case Information Sheet containing all of the defendant’s contact information is required.
Court's wording
_____ b. If Defendant is going on any type of probation (reporting or mail-in), there must be a fully executed Probation Case Information Sheet filled out with all Defendant’s contact information. This form can be found on the 12th Judicial Circuit’s website: www.jud12.flcourts.org or requested from the assigned Division Judicial Assistant or Professional Probation Services
The plea must be taken in open court with the defendant’s attorney appearing in open court, by phone, or by zoom; arrange remote participation with the Judicial Assistant when setting the appearance, and include the appearance method in the notice.
Court's wording
_____ c. Plea to be taken in open court with Defendant’s attorney appearing in open court, by phone or zoom. Arrangements for phone or zoom conference to be made at the time the court appearance is set with Judicial Assistant. The notice must include the method by which the parties will appear.
_____ a. If Defendant is assessed a fine and/or court costs, the total is due at time of plea in absentia if NOT on Probation.
If the defendant will not be on probation, the plea form must specify how every aspect of the plea will be completed.
Court's wording
_____ b. If Defendant is not going on probation, plea form must include specific plan on how all aspects of plea will be completed (for example, costs are to be paid within 6 month’s);
Each agreement is self-explanatory; Defendant’s must comply with all conditions before returning notarized agreements/contracts back to the State Attorney.
Once the State and Defense sign off on a Traffic PTI or a PTI contract and submit to the Court, the contract will then be forwarded to the Clerk of Court with an attached Order from the Division Judge to cancel all future court dates.
NOTE: STIPULATIONS, ADMISSIONS, AGREEMENTS AND WAIVERS MUST BE IN WRITING AND SIGNED BY BOTH SIDES IF SEEKING COURT ENFORCEMENT.
If a Motion or Notice of Hearing is not filed in the Court file, the hearing may be cancelled.
When preparing the Statement of Material Facts, the moving party must reference only the material facts necessary for the Court to determine the issues presented in the motion for summary judgment.
The Statement of Material Facts shall not include an attorney’s affidavit.
Legal argument shall not be included in the Statement of Material Facts.
1. for Sarasota County, the Document Identification Number (DIN) assigned by the Clerk on the progress docket, and 2. in Manatee County and DeSoto Counties, the docket number.
The Court may deem admitted any fact in the Statement of Material Facts that the nonmoving party does not specifically controvert, provided that the moving party’s statement is supported by evidence in the record.
NOTE: If a question is not applicable to this specific case, please write “N/A.”
Filing & Service rules
Electronic Filing Rules
Attorneys must submit proposed orders through the ePortal directly to Judge Leaf, complying with Administrative Order 22-1.2; they must not file them on the Progress Docket or submit them by email.
Effective immediately, all proposed orders submitted by attorneys to Judge Leaf must be submitted in compliance with Administrative Order 22-1.2, through the ePortal directly to Judge Leaf, and not filed on the Progress Docket or submitted via email.
Page 1 | D. Submission of Orders
After the Clerk enters default, the Final Judgment of Possession must be submitted through the ePortal.
Once the Clerk has entered the Default, the Final Judgment of Possession must be submitted through the ePortal.
Page 1 | B. Hearing Procedures — In-Person Hearings and Specific Civil Hearings
Most self-represented litigants and attorneys must register with the statewide E-Filing Portal to send and receive court documents as required by Rule 2.516.
Most self-represented litigants (pro se litigants) as well as attorneys must register with the Portal to send and receive court documents as required by Florida Rule of General Practice and Judicial Administration 2.516.
Page 1 | C. Communications with the Court
Filing Timing and Cure Windows
For a motion to release an uncharged defendant, a non-objection allows the Judicial Assistant to arrange pickup of an order; if the ASA does not respond by 5 p.m. on filing day, the motion is set for the next available hearing or within 72 hours, and defense prepares the notice.
If the ASA notifies the Judge and Defense that he/she has no objections to the Defendant’s immediate release, the Judicial Assistant will contact the Defense attorney to pick up an Order. If the ASA does not respond by 5 pm on the date the Defense motion is filed, the motion shall be placed for hearing at the very next available hearing date or within 72 hours. The Defense attorney shall prepare the Notice of Hearing.
Page 1 | B. Hearing Procedures — In-Person Hearings and Specific Criminal Hearings
For civil jury-trial pretrial conferences, the parties must complete the proposed checklist and submit it through the Portal at least three business days before the conference.
The parties must complete a proposed Pretrial Conference Checklist and submit to Judge Leaf via the Portal at least three (3) business days prior to the Pretrial Conference.
Page 1 | H. Pretrial Procedures & Conferences
Civil motions must be filed before hearing time is reserved.
All motions shall be filed prior to reserving hearing time.
Page 1 | B. Hearing Procedures — Scheduling Civil Hearings
Civil parties are directed to meet and confer and complete the Case Management Report within 30 days after the last defendant is served, and must file the report within five days after the initial conference.
Within 30 days of the last Defendant being served with process, the parties are directed to meet-and-confer and complete the appropriate Case Management Report. The parties must file the Case Management Report within 5 days of the parties’ initial meet-and-confer.
Page 1 | I. Setting Case for Trial
The Statement of Material Facts may be filed separately within one business day after the summary judgment motion is filed.
The Statement of Material Facts may be filed as a separate document within 1 business day after filing the summary judgment motion to permit pinpoint citations.
Civil cases
Page 2 | Moving Party Requirements
Service and Proof of Service Rules
Whenever a self-represented litigant files a document with the Clerk or provides the Judge a copy, they must simultaneously send a copy to all attorneys or parties.
Please remember that whenever you file something with the Clerk or provide the Judge a copy, you must send a copy to all the attorneys or parties at the same time.
Page 1 | C. Communications with the Court
The original request form must be filed, and a copy must be sent to the judicial assistant and State Attorney.
ORIGINAL FORM TO BE FILED, COPY TO BE SENT TO JUDICIAL ASSISTANT AND STATE ATTORNEY
Criminal cases
Page 1 | JUDGE LEAF’S PRETRIAL CONFERENCE REQUEST FORM
Filing Fees and Waivers
A defendant paying the fine or costs in full must submit a cashier’s check or money order for the total with the complete plea-in-absentia packet, payable to the Clerk of Court; personal checks are not accepted.
• if Defendant is able to pay fine and/or costs in full, submit a cashier’s check or money order for the total due with complete PIA packet made out to The Clerk of Court (no personal checks will be accepted)
Criminal cases
Page 2 | Assessed Fine and/or Court Costs – on a case by case basis
A defendant unable to pay the total when the plea in absentia is entered may elect a Clerk payment plan and must set it up within six months after disposition; the Clerk charges $25 to establish the plan and $5 with each payment.
• If Defendant is not able to pay total at time of PIA, Defendant may elect Clerk payment plan and will have 6 months to set up payment plan after PIA disposition date. NOTE: The Clerk’s Office imposes a $25 fee at the time a payment plan is set up with a subsequent $5 fee due with each payment
Criminal cases
Page 2 | Assessed Fine and/or Court Costs – on a case by case basis
Courtesy Copy Requirements
Attorneys must provide the Notice of Hearing, filed motion, and other relevant documents, including case law, at least two days before the hearing; hard copies are required when the total exceeds 25 pages.
Attorneys must submit courtesy copies of the Notice of Hearing, the filed motion and all other relevant documents to include case law to the Court at least two (2) days prior to the scheduled hearing and in hard copy form if the total pages are over 25 pages in length.
Page 1 | E. Courtesy Copies
On the workday a speedy-trial discharge motion or notice of expiration is filed, defense must send courtesy copies to chambers by email or fax and to the appropriate ASA.
When filing Motion for Discharge for Speedy Trial or Notice of Expiration of Speedy Trial with the Clerk, Defense must forward courtesy copies to Judges Chambers via email or fax and to the appropriate ASA by the end of that same workday.
Page 1 | B. Hearing Procedures — In-Person Hearings and Specific Criminal Hearings
Attorneys may email copies of relevant documents to CoDivisionF@jud12.flcourts.org if the total is under 25 pages, putting the case title and case number in the subject line.
If the total pages are under 25 pages in length, attorneys may email copies of the relevant documents to CoDivisionF@jud12.flcourts.org with the case title and case number in the subject line.
Page 1 | E. Courtesy Copies
Pre-Motion Conference Requirements
Do not set criminal motions for rehearing for hearing; submit them directly to the judge with a cover letter, and the Court will decide whether a hearing is necessary.
Motion for Rehearing: Do not set Motions for Rehearing for a hearing; these motions shall be submitted directly to the judge along with a cover letter. The judge will first review the motion to determine whether or not a hearing is necessary. If necessary, the Court will reach out to the parties to schedule the hearing.
Page 1 | B. Hearing Procedures — In-Person Hearings and Specific Criminal Hearings
Do not set civil reconsideration, rehearing, or new-trial motions for hearing; send the filed motion and a cover letter to the Judicial Assistant, who will determine whether a hearing is warranted.
Reconsideration, Rehearing, and Motion for New Trial Motions: Please do not set these motions for hearing. Please send a copy of these filed motions to Judge Leaf’s Judicial Assistant with a cover letter. Judge Leaf will determine whether to grant a hearing.
Page 1 | B. Hearing Procedures — In-Person Hearings and Specific Civil Hearings
A fee motion may proceed first on entitlement; if entitlement is found, the Court may require mediation on amount, followed by an evidentiary hearing if mediation fails and counsel cannot submit an agreed order.
Judge Leaf allows a Motion for Attorney’s Fees and Costs to proceed on the issue of entitlement only. If entitlement is found, Judge Leaf may require mediation as to the issue of amount. If mediation is unsuccessful and counsel are unable to stipulate and submit an agreed Order to the Court, the Movant may proceed to schedule an evidentiary hearing as to amount of fees/costs to be awarded.
Page 1 | B. Hearing Procedures — In-Person Hearings and Specific Civil Hearings
Adjournment & Extension Requirements
A criminal pretrial conference may be continued twice without defense counsel appearing if the request is filed at least 24 hours beforehand or handed to the Clerk at the conference.
Pre-trial Conferences can be continued two (2) times without the need for the Defense Attorney to appear provided that the Defense Attorney has filed with the Clerk the Pretrial Conference Request at least 24 hours prior to the scheduled PTC, or handed the form to the Clerk at the scheduled PTC.
Page 1 | A. Remote Appearance — Criminal Zoom Hearings
All motions to continue trial must be set for hearing.
You must set all motions for trial continuance for hearing.
Page 1 | K. Other Division Procedures
After a trial period is set, requests to continue trial or change the trial period must be set for hearing; filing a new Case Management Report alone is insufficient.
Once a trial period is set, all requests for a trial continuance or changes to the trial period must be set for hearing. You cannot simply file a new Case Management Report.
Page 1 | I. Setting Case for Trial
A continuance request must be unopposed, and the conference must not have been continued more than twice; counsel need not appear at the scheduled conference, which will be continued to the next available date at least four weeks later.
The undersigned attorney certifies that the request to continue the Pretrial Conference is unopposed and the Pretrial Conference in this case has not been continued more than twice. Both the State Attorney and the undersigned understand that at the currently scheduled Pretrial Conference, the undersigned attorney need not appear and the Court will continue the Pretrial Conference to the next available Pretrial Conference date no less than four weeks from the currently scheduled pretrial conference.
Criminal cases
Page 1 | JUDGE LEAF’S PRETRIAL CONFERENCE REQUEST FORM
Chambers Communication Rules
The parties must notify the Court immediately if the case settles.
We understand that we must notify the Court immediately upon settlement of the case.
Civil cases
Page 5 | Signatures
The Judicial Assistant may assist self-represented litigants with scheduling hearings but may not advise them on their cases or communicate information to the other side for them.
the Judge. Judge Leaf’s Judicial Assistant can help you schedule a hearing. The Judicial Assistant may not help you with your case or send information to the other party or attorney for you.
Page 1 | C. Communications with the Court
Do not ask the Judicial Assistant about hearing outcomes or whether an order has been signed; check the Clerk’s website instead.
Please do not ask the Judicial Assistant for the outcome of a hearing or verify that an order has been signed; you may review the Sarasota County Clerk’s website for details about your case.
Page 1 | C. Communications with the Court
Criminal hearings may be scheduled through the Judicial Assistant by phone or email, or through JACS.
Criminal hearings are scheduled through the Judicial Assistant at (941) 861-3713, via email at CoDivisionF@jud12.flcourts.org or by using JACS.
Page 1 | B. Hearing Procedures — Scheduling Criminal Hearings
Use JACS to cancel hearings when possible; if JACS blocks cancellation because notice would be short, the moving party may email the e-filed cancellation notice to the Judicial Assistant with all parties copied.
JACS should be used to cancel hearings when possible. However, JACS will not authorize a cancellation when it results in short notice to the parties. When JACS does not permit a cancellation, the moving party may cancel the hearing only by emailing a copy of the e-filed Notice of Cancellation to the judicial assistant. Include all parties in that email. The judicial assistant will acknowledge receipt of the notice, cancel the hearing, and inform all parties the hearing has been cancelled.
Page 1 | B. Hearing Procedures — Cancellations
The Court may end a hearing when its reserved time expires and reschedule it if the parties exceed the allotted time.
Hearings are limited to the time reserved, and the Court reserves the right to end the meeting at the allotted time and reschedule if the parties go over.
Page 1 | B. Hearing Procedures — Scheduling Civil Hearings
Do not contact the Judicial Assistant about a proposed order’s status unless more than 10 days have passed since submission and the matter is urgent.
Please do not contact the Judicial Assistant to inquire the status of a proposed order unless it has been more than 10 days from submitting and the matter is urgent.
Page 1 | D. Submission of Orders
Civil hearings are scheduled through JACS, except hearings requiring more than 30 minutes, which are scheduled through the Judicial Assistant by phone or email.
All civil hearings shall be scheduled through the JACS. However, any hearings that require more than thirty (30) minutes shall be scheduled through the Judicial Assistant at (941) 861-3713, or via email at CoDivisionF@jud12.flcourts.org.
Page 1 | B. Hearing Procedures — Scheduling Civil Hearings
If four weeks pass without a ruling on a matter taken under advisement, the movant may call the Judicial Assistant to report that it has been under advisement for four weeks.
If four weeks have elapsed without a ruling, the movant may call the Judicial Assistant to advise that the matter has been under advisement for four weeks starting on the day of the hearing.
Page 1 | D. Submission of Orders