Requirements & Information

Local Rules and Standards of Professionalism

Local Rules and the Standards of Professionalism are available online. State and defense counsel shall comply with the 12th Judicial Standards of Professionalism and be familiar with the rules outlined therein. If you do not have internet access, you may contact the Manatee County Bar Association (941-741-4091).

Calendars (Court)

You can obtain monthly court calendars for Criminal Division V on our Criminal Division webpage. NOTE: Calendars are subject to change. Please check back regularly for possible amended calendars.

General Information

• The scheduling attorney is responsible for notifying the bailiff's office via email if a prisoner needs to be transported from the jail for a hearing.
• Motions and hearing notices must be delivered via U.S. Mail or hand delivery at least 3 days prior to the hearing.

Scheduling

Time

Hearings are limited to the time reserved. The party opposing the motion is entitled to equal time; therefore, the party reserving and scheduling the hearing should determine how much hearing time he/she needs and then double the estimate. In the alternative, the scheduling party should confer with opposing counsel and agree regarding the total time required.

Cross Notices

Once a motion is scheduled via JACS or the Judicial Assistant, subsequent motions shall not be "cross noticed," absent prior approval of the Court and opposing counsel.

Substitute Motions

Once a particular motion is scheduled via JACS or the Judicial Assistant, another motion shall not be "substituted" in the event the original motion is cancelled absent prior approval by the Court or opposing counsel.

Add-On Cases/Hearings

Any party wishing to add a case or hearing to the docket after JACS has closed must contact the JA no later than 11:00 a.m. the day prior to the scheduled hearings. Cases may not be added on without the express consent of opposing counsel and the Court. For example, to place an additional case on the Tuesday docket the requesting party shall contact the Judicial Assistant no later than 11:00 a.m. on Monday. The requesting party must have the approval of opposing counsel prior to contacting the Judicial Assistant. Do not contact the Clerk's office to add-on cases. If approved, the Court will contact the Clerk.

Telephonic Appearances

Pursuant to Fla.R.Jud.Admin. 2.530(d)(2), telephonic appearances will be permitted upon written request and only on non-evidentiary hearings of 15 minutes or less unless stipulated by the parties and approved by the Court. A written request must be made at least 5 days prior to the hearing. The court will call the party appearing via telephone at a number supplied to the court in advance of the hearing. If the telephoning party is citing case authority, same must be provided to the Court and opposing parties 5 days prior to the hearing.

Cancellation

Please cancel hearing time thru JACS as soon as you are aware the need for the time no longer exists. If unable to cancel the hearing through JACS, please contact the Judicial Assistant so she can make the time available for other cases. The attorney cancelling the hearing is responsible for notifying the bailiff's office that an inmate will not be needed.

Method

• All pleas and hearings, sixty (60) minutes or less in length shall be set by using the JACS. It is recommended that 10-minute slots be used for negotiated pleas, Motions to Compel and any other simple motions that will take 10 minutes or less to be heard.
• Motions and hearing notices must be delivered via U.S. Mail or hand delivery at least 3 days prior to the hearing.

Pleas and Motions

• All pleas and motions shall be set on those days designated for pleas and motions.
• Pleas and motions dates are assigned to a specific Assistant State Attorney. The scheduling party must determine which Assistant State Attorney is assigned to a case and schedule his/her pleas or motion accordingly. Please consult the online calendar before setting a case for hearing. Any hearing set on a day not assigned to the specific Assistant State Attorney will be cancelled.
• The Court is aware it may be necessary to set pleas and motions for dates other than those designated to a specific Assistant State Attorney. However, on such rare occasions, the scheduling party must:
  • Contact the Judicial Assistant with: the case number; the name of the assigned Assistant State Attorney; the reason it cannot be placed on a designated date; and, the time needed. The Judicial Assistant will then provide several potential alternate dates and times,
  • Contact the assigned Assistant State Attorney to clear the date and time,
  • Re-contact the Judicial Assistant to confirm the date and time utilized. (NOTE: The Judicial Assistant will only hold the potential dates and times for twenty four (24) hours. If no confirmation is made the potential dates and times will be re-opened).
• Plea Cut-off Date: The plea cut-off date for all cases set on a trial docket will be 5 p.m. the Friday before trial week.

Bond Hearings

• Jail Bond Hearings: Jail bond hearings are those requiring less than fifteen (15) minutes and will be held weekly on Thursdays at 8:30 or 9:00 a.m. Please review the calendar for details. Any other hearing set in this time slot will be cancelled. However, Motions to Release Uncharged Defendants may be scheduled during this time.
• Bond Hearings in Excess of Fifteen (15) Minutes: Bond hearings requiring time in excess of fifteen (15) minutes shall be scheduled in accordance with the procedures established under the section titled Scheduling.

Motions for Rehearing, Reconsideration, Arrest of Judgment and/or New Trial

All Motions for Rehearing, Reconsideration, Arrest of Judgment and/or New Trial must be submitted directly to the judge, along with a cover letter. After review, the judge will determine if a hearing is required.

Motions/Orders for Release of Uncharged Defendants

Motions for Release of Uncharged Defendants shall be filed with the clerk and a clerk’s date/time stamp copy delivered to the judge’s chambers and to the ASA. Defense shall obtain hearing time from the judicial assistant for the next scheduled video bond hearing or at any motion time cleared with the ASA. Should the ASA file charges before the hearing, the ASA shall deliver a clerk’s date/time stamped copy of the Information to the Defense and the judge’s chambers, in order to cancel the hearing. These hearings may be set during the Video Bond time.

Pro Se Motions to Modify or Terminate Probation

Upon receipt of a pro se Motion to Modify or Terminate Probation, the Court will take the following action:

• Assign a Motion Hearing Date: Scheduled at least 4 weeks from date of motion. These hearings will be held on a scheduled VOP Conference date.
• Send a Notice of Hearing to the Defendant: Copies will be sent to both the State Attorney’s office and the Department of Corrections for review. The SAO is responsible for notifying any victims. SAO and DOC are required to attend these hearings.

Case Management Conferences

The Court requires all cases be set for a case management conference. Case management will be scheduled on a weekly basis by the Clerk at the arraignment and will be at least 21 days from the arraignment.

Defendants in custody will be brought to the courtroom. Defendants not in custody shall remain in the courtroom until excused by the Court. At the case management conference, trial dates will be set, as well as cutoff dates for discovery, depositions, filing of motions and hearing time for motions. Parties are encouraged to enter into stipulations for trial dates on the Court approved form found in the courtroom of available for download on the Criminal Division page. Only the division-approved form will be accepted. If the parties cannot agree on a trial date, the Court will select one. Pleas will be accepted at case management.