Sarasota County Criminal & Civil Division B

Requirements and Information

January 3, 2023

Phyllis Galen, Sarasota County Judge

Shannon Zielinski, Judicial Assistant

Requirements & Information

Local Rules & Standards of Professionalism

All attorneys must follow the Local Rules and the Twelfth Circuit Standards of Professionalism.

Courtesy Copies

Court files are not physically available at court hearings, though the Court has access to the electronic record. As a result, attorneys must submit courtesy copies of the Notice of Hearing, the motion and all other relevant documents and case law to the Court at least three (3) days prior to the scheduled hearing, in hard copy form. In the event the hearing is evidentiary in nature, case law will be provided to the Court no later than 24 hours prior to the hearing taking place. In the event of an emergency, the document maybe faxed to the judge's office.

The Court will not review ex parte communication.

Evidentiary Hearings

Criminal & Civil

When a case is set for an evidentiary hearing or trial by zoom, any and all original evidence to be submitted at hearing or trial, must be delivered to Chambers no later than 48 hours prior to a scheduled hearing or trial. Said evidence must be in hard-copy form (no email or faxed evidence) and provided to opposing counsel or pro se Defendant.

In addition, due to the nature of zoom hearings & trials, evidence cannot be seen in real time by the participants of said hearing. It is not the Judges responsibility to submit or identify evidence. Therefore, at the time of the Hearing, a participant, who has submitted evidence in hard-copy form for marking, must also have the ability to screen share any evidence that is anticipated to be entered with all participants.

Proposed Orders

Orders

Proposed orders may be submitted through the Sarasota Clerk of Court by e-filing through the portal pursuant to this Circuit’s Administrative Order 2022-1.2. If mailing proposed orders to the Court (preferred), parties must supply copies of the proposed order with copies for conforming and return stamped envelopes for all parties. In matters where both parties are represented by counsel, agreed orders may be emailed to the Judicial Assistant where service via email is indicated and email addresses are provided.

Criminal & Civil

When proposed orders are submitted to the Court, the filing party must supply copies of proposed orders with additional copies for conforming and stamped, return envelopes for all parties. In the event the party will be receiving their copy from the Clerk’s record, a notation on the submitted document is sufficient to inform the JA that a conformed copy is not required.

Example:

cc: Attorney of Record, ePortal

Motions with proposed Orders are only permitted to be sent via email or fax in the event of an emergency or certain time restraints.

Scheduling Hearings

All motions shall be filed prior to reserving hearing time.

Civil

All hearings are limited to the time reserved. Coordination between parties (if applicable) is essential in scheduling correct hearing time.

Hearings Under 30 Minutes

All hearings 30 minutes or less in length must be scheduled through the JACS. Available timeslots are 5, 10, 15 & 30 minutes. Please do not combine hearing times; if additional time is needed, please contact the JA.

Hearings More Than 30 Minutes

All hearings estimated to last more than 30 minutes must be scheduled by telephoning the Judicial Assistant.

Cross Notices of Hearing

Once a motion is scheduled via JACS or the Judicial Assistant, subsequent motion shall not be “cross noticed,” absent prior approval of the Court and opposing counsel. Hearings should be coordinated with opposing counsel and adequately provide for additional time. Do not rely on original time scheduled.

Criminal

All criminal hearings must be set with the Judicial Assistant.
Pretrial Motions

Rule 3.190 – Every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party. Each motion or other pleading shall state the ground or grounds on which it is based. A copy shall be served on the adverse party.

Motions for Rehearing, Reconsideration or New Trial

Do Not Set these for hearing: All motion for Rehearing, Reconsideration or for New Trial are to be submitted directly to the judge, along with a coverletter. The motion should be detailed. The judge will first review the motion to determine whether a hearing is warranted and/or required.

Emergency Hearings

All motions needing emergency hearing time can be faxed, delivered directly to Judge Galen’s office, or submitted via email to the Judicial Assistant. Copies must be 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 if an expedited hearing is warranted

Hearings scheduled/noticed on the wrong docket or division may be canceled without notice and will have to be rescheduled.

Cancellation of Hearings

JACS should be used to cancel hearings whenever possible via the confirmation number. 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 a hearing by contacting the Judicial Assistant by telephone. The phone call shall be promptly followed by a Notice of Cancellation filed with the Clerk of Court and faxed to the judge’s chambers. In any event, when a hearing is canceled, the moving party shall promptly provide notice of the cancellation to all parties. If the hearing is cancelled within 24 hours of the scheduled hearing, every attempt to contact the opposing party must be made.

Zoom Appearances

Civil

COVID-19 Exception

Due to the ongoing restrictions due to the COVID-19 pandemic, all civil court is being held by Zoom until further notice. Zoom credentials can be located on Judge Galen’s Zoom page.

When sending a Notice of Hearing, the Zoom credentials will be included on the Notice.

Criminal

COVID-19 Exception

Due to the ongoing restrictions due to the COVID-19 pandemic, most criminal court is being held by Zoom until further notice. Zoom credentials can be located on Judge Galen’s Zoom page.

When sending a Notice of Hearing, the Zoom credentials will be included on the Notice.

Specific Criminal Motions

Motions/Order for Release of Uncharged Defendants

  1. Defense shall forward to Judge’s chambers and the appropriate ASA, a copy of his or her Motion.
  2. The JA will call and email the Defense and ASA to confirm receipt of the date/time stamped motion.
  3. If the ASA files charges by 5 pm the same date the Defense motion is filed, he/she shall provide a copy to both the Judge and Defense attorney. At that time, the Court will write on the proposed order: “Denied, Information filed” and said Order is to be filed with the Clerk. This will end all action on this particular matter.
  4. If the ASA notifies the Judge and Defense that he/she has no objections to the Defendant’s immediate release, the JA will contact the Defense attorney to pick up an Order. The ASA’s notification shall be on a copy of the original Defense motion and contain the words: “I have no objection to this Defendant’s immediate release” followed by his/her signature. The Defense attorney shall be in charge of providing the Order to the appropriate parties to secure the Defendant’s release.
  5. 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.

Motions re: Speedy Trial Issues and Notice of Expiration of Speedy Trial
Stayed Until Further Order from the Supreme Court

When filing Motions for Speedy Trial or Expiration of Speedy Trial with the Clerk, Defense shall forward courtesy copies to Judges Chambers via email or fax and to the appropriate ASA by the end of that same work day.

Substitution of Counsel

When a private attorney comes into a case after the Public Defender has been appointed, a Stipulation of Substitution of Counsel will be filed with a proposed Order. The Defendant is required to sign the document prior to submitting.

Criminal Plea in Absentia

Subject to the Court’s approval, the Defendant may enter his/her plea in absentia using the Plea in Absentia Form and Plea in Absentia Checklist.

All completed plea in absentia paperwork must be submitted to Chambers in hard copy form at least 24 hours prior to scheduled PIA date. The Court requires ORIGINAL documents for a Plea in Absentia.

Criminal Court

Arraignments

Will be conducted as in-person hearings and Defendants are expected to appear in Court at their issued court date (summons or Notice to Appear).

Criminal Pre-Trial Conference – Private Attorney

Will be conducted by Stipulation and Order until further notice. No court appearance will be required. Shannon will send out an email prior to the PTC date with a Stipulation and Order to Continue the PTC or Stipulation and Order to Set Docket Sounding and Trial Date. If you require a Plea Date, contact her by phone or email to acquire a future date. Judge Galen accepts pleas at the PTC upon receipt of the original plea paperwork.

PD & Pro Se PTC and Non-Custody VOP hearings

Will be conducted in-person. All parties must appear in-person at Courtroom 5C. The Court has set aside 30 minutes prior to the actual court hearing for attorney’s, Defendant’s and Probation to meet and discuss the case before the Court.

Docket Sounding

Will be conducted in-person. All parties must appear in-person at Courtroom 5C.

Civil Infraction & Animal Cases

Will be conducted by Zoom. No court appearance will be required. Zoom credentials are available on Judge Galen’s Zoom page.

Contact Information