Judge Melissa Gould
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- A criminal pretrial conference may be continued twice without defense counsel appearing if the defense attorney files the continuance request form before the scheduled conference.
- A third continuance requires a filed stipulation stating the reason; if the Court denies it, the parties may schedule a Motion to Continue for hearing.
- When a case has been continued numerous times, the Court may set it for trial at its discretion even if a continuance form is filed.
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Document Format Requirements2 rules
All proposed orders should be emailed in word format to: codivision4@jud12.flcourts.org.
For PowerPoint presentations, please have a printed version as well as an electronic version for clerk submission;
Formatting
- •Provide both a printed version and an electronic version for clerk submission
Document Filing Requirements7 rules
Any motion requesting emergency hearing time must explain the emergency, the anticipated time needed, and, where appropriate, good faith efforts to resolve the matter without Court intervention.
Trial exhibits shall be exchanged between all parties, not less than five (5) business days prior to trial.
Before trial, counsel using a demonstrative aid for opening statement or closing argument must confer with opposing counsel and show them the aid.
Court's wording
The Court recognizes that parties may wish to use demonstrative aids during opening statement and/or closing argument. These demonstrative aids may include photographs, diagrams, visual aids, electronic media and PowerPoint presentations, etc. Prior to trial, counsel shall confer with opposing counsel and show opposing counsel the demonstrative aid.
If opposing counsel has an objection, the aid shall not be displayed and/or played before a jury until the Court has ruled on the objection.
Counsel shall confer with the Trial Clerk and pre-mark all exhibits. The State shall use numbers to denote their exhibits. The Defense/Defendant shall use letters.
To have a clear record, parties using a demonstrative aid shall be prepared to have the aid marked as an exhibit and entered into the record, regardless of whether or not the aid will be introduced into evidence.
Parties shall provide proposed jury instructions and a verdict form by email (in word format) on the first day of trial, or sooner, to the judicial assistant;
Filing & Service rules
Electronic Filing Rules
For a defendant pleading by Zoom, the plea form must be submitted and e-filed before the plea.
If a defendant is pleading by Zoom, please submit and e-file the plea form prior to the plea.
Criminal cases
Page 1 | Pleas by Zoom
Filing Timing and Cure Windows
For a plea in absentia, file the appropriate forms with the Clerk three business days before the hearing and do not send them to the Judicial Assistant.
If pleading in absentia, please file the appropriate forms with the Clerk three business days in advance of the hearing. Please do not email or send the Plea in Absentia documents to the judicial assistant.
Criminal cases
Page 1 | K. Other Division Procedures — Pleas in Absentia
For any hearing, submit legal authority in hard copy to Chambers and provide a copy to opposing counsel at least three days before the hearing.
For any hearing, the party wishing the Court to consider legal authority shall submit their authority in hard copy format to Chambers at least three days prior to the hearing. A copy of the same shall be given to the opposing counsel within the same time frame.
Criminal cases
Page 1 | K. Other Division Procedures — Case Law and Other Legal Authority
File the plea form with the Clerk three business days before the hearing and do not send it to the Judicial Assistant.
Please file the plea form with the Clerk three business days in advance of the hearing. Please do not email or send the plea form to the judicial assistant.
Criminal cases
Page 1 | K. Other Division Procedures — Pleading by Zoom
Do not send acknowledgment and waiver forms or pleas in absentia to the Judicial Assistant; file them with the Clerk before the hearing.
Please do not email or send Acknowledgement and Waiver of Rights forms and Pleas in Absentia to the judicial assistant. Instead, file these documents with the clerk in advance of the hearing.
Criminal cases
Page 1 | D. Submission of Orders
Documents normally filed with the clerk, including plea-in-absentia forms, waiver forms, and exhibits, must be filed with the clerk three business days before a hearing.
All documents that would normally be filed with the clerk shall be filed with the clerk 3 business days in advance of the hearing. This includes, but is not limited to, plea in absentia forms, acknowledgment and waiver of rights forms, exhibits, etc.
Criminal cases
Page 1 | A. Remote Appearance
File the Pretrial Conference Continuance Form with the Clerk three business days before the hearing; do not send it to the Judicial Assistant.
The Pretrial Conference Continuance Form should not be sent to the judicial assistant but rather filed with the Clerk three business days in advance of the hearing.
Criminal cases
Page 1 | H. Pretrial Procedures & Conferences — Pretrial Conference Continuance Form
Provide case law to the Court and opposing counsel at least three business days before the scheduled proceeding, unless otherwise ordered.
Case law must be provided to the Court and opposing counsel at least three business days in advance of the scheduled unless otherwise ordered.
Criminal cases
Page 1 | B. Hearing Procedures — Special-Set Pleas and Motions
File a motion before reserving hearing time; otherwise, hearing time may be canceled.
All motions must be filed prior to reserving hearing time. Failure to file a motion but noticing an issue for hearing may result in the cancellation of hearing time.
Criminal cases
Page 1 | B. Hearing Procedures — Filed Motion Required
Pre-trial motions, including motions in limine, must be filed and heard at least three business days before trial unless good cause supports late filing or setting, and an untimely motion may not be heard.
All pre-trial Motions, including Motions in Limine, shall be filed and heard at least three (3) business days before the scheduled trial date, unless good cause is shown for late filing/setting. Failure to timely file and set the Motion may result in it not being heard.
Criminal cases
Page 1 | STANDING TRIAL ORDER FOR COUNTY CRIMINAL DIVISION 4
Motions to Suppress and Stand Your Ground Motions must be filed and heard before Docket Sounding, as addressed in the judicial requirements.
Please note that Motions to Suppress and Stand Your Ground Motions shall be filed and heard before Docket Sounding as addressed in judicial requirements;
Criminal cases
Page 1 | STANDING TRIAL ORDER FOR COUNTY CRIMINAL DIVISION 4
The Court will not accept negotiated pleas after the cut-off date unless good cause is shown.
The Court will not accept negotiated pleas after the cut-off date, unless good cause is shown;
Criminal cases
Page 2 | STANDING TRIAL ORDER FOR COUNTY CRIMINAL DIVISION 4
All parties should be given at least two days’ notice before a hearing is set, absent exceptional circumstances.
All parties should be given at least two days’ notice before a hearing is set, absent exceptional circumstances.
Criminal cases
Page 1 | B. Hearing Procedures — Out-of-Custody Pleas and Motions
Related authority should be provided to the Court at least three business days before the scheduled hearing.
All authority related to the Motions should be provided to the Court no less than three (3) business days before the scheduled hearing.
Criminal cases
Page 1 | STANDING TRIAL ORDER FOR COUNTY CRIMINAL DIVISION 4
Service and Proof of Service Rules
When filing something with the Clerk or giving the Judge a copy, send a copy to all parties at the same time.
Whenever you file something with the Clerk or provide the Judge a copy, you must send a copy to all parties affiliated with the case at the same time.
Criminal cases
Page 1 | C. Communications with the Court
A request to redact any portion of an exhibit before trial must be made to opposing counsel at least five business days before trial.
If any party requests that any portion of an exhibit, i.e., recordings, cell phone records, text messages, email messages, transcripts, etc., be redacted prior to trial, the request for redaction shall be made to opposing counsel no less than five (5) business days before trial.
Criminal cases
Page 1 | STANDING TRIAL ORDER FOR COUNTY CRIMINAL DIVISION 4
Adjournment & Extension Requirements
A third continuance requires a filed stipulation stating the reason; if the Court denies it, the parties may schedule a Motion to Continue for hearing.
If you have continued the case twice before, you cannot continue it a third time without filing a Stipulation to Continue which sets forth the reason for the continuance. The Court will review the stipulation and indicate whether it is granted or denied, in which case the parties may schedule a Motion to Continue for hearing.
Criminal cases
Page 1 | H. Pretrial Procedures & Conferences — Pretrial Conference Continuance Form
When a case has been continued numerous times, the Court may set it for trial at its discretion even if a continuance form is filed.
Should you file a continuance form, and the case has been continued numerous times, at the discretion of the Court, the case may be set for trial.
Criminal cases
Page 1 | H. Pretrial Procedures & Conferences — Pretrial Conference Continuance Form
A criminal pretrial conference may be continued twice without defense counsel appearing if the defense attorney files the continuance request form before the scheduled conference.
Criminal pretrial conferences can be continued twice without the need for defense counsel to appear, provided the defense attorney has filed the pretrial conference continuance request form prior to the scheduled pretrial conference.
Criminal cases
Page 1 | H. Pretrial Procedures & Conferences — Pretrial Conference Continuance Form
Chambers Communication Rules
The filer of an emergency-hearing motion must phone the Judicial Assistant and hand-deliver or email her a copy.
The attorney or party filing the motion must (1) phone Judge Gould’s judicial assistant about the motion, and (2) hand deliver or email a copy to the Judge Gould’s judicial assistant.
Criminal cases
Page 1 | F. Emergency & Other Urgent Matters
Do not call or email the Court expecting to discuss a pending case with a Judge.
Notice to the public: The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Twelfth Judicial Circuit to discuss pending cases with the public. Please do not call or email the Court expecting to speak with a Judge about any case.
Criminal cases
Page 1 | Notice to the public
The Court prefers case law, courtesy copies, and other correspondence to be emailed to the division address with the opposing party copied and the case number and name in the subject line.
It is preferred that all case law, courtesy copies of court filings and any other correspondence be emailed to CoDivision4@jud12.flcourts.org with the opposing party copied. Include the case number and case name in the subject line of the email.
Criminal cases
Page 1 | Contact Information
Motions and proposed orders may be emailed to the division address, which is reserved for document submissions and not communication with the Judge’s office.
You may also email motions and proposed orders to the above email address. Please note this email address is to be used solely for the submission of documents, not for communication with the Judge’s office.
Criminal cases
Page 1 | Contact Information
Do not ask the Judicial Assistant for hearing outcomes or to verify 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 Manatee County Clerk website for details about your case.
Criminal cases
Page 1 | C. Communications with the Court
Use the Judicial Assistant’s email address to communicate with Chambers.
To communicate with Chambers, please email LJakanski@jud12.flcourts.org.
Criminal cases
Page 1 | Contact Information