Loading…
24 verbatim requirements extracted from judge-michael-c-heisey__HEISEYs-Judicial-Practices-and-Procedures-4-16-26.pdf, across 6 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. HEARING TIME & ARGUMENT LIMITS • A. Communications with the Judicial Office • Method of Communication: All communications to the judicial office must be submitted by e-mail to SLCJudge7@circuit19.org, the dedicated division e-mail account. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 2026CF001234A - State of Florida v. Defendant – 2-Hour Hearing Requested). Phone contact is also permitted at the phone number listed above. • The judicial assistant is unable to give legal advice, so inquiries should be limited to procedural questions and hearing/scheduling requests. • Waiver of Appearance: A Waiver of Appearance must be filed for each pre- trial hearing, unless the waiver specifically sets forth that the defendant knowingly and voluntarily waives his/her appearance at any pre-trial hearing and elects to appear through undersigned counsel. A copy of the e-filed waiver must be available to present to the Court. Sentencing: You must be prepared to provide the Court with an accurate credit for time served. CHANGE OF PLEAS “COP” (including VOP): The Court’s plea form (Word format) is available on Judge Heisey’s webpage. NOTE: Digital signatures must comply with Florida Rule of Judicial Administration, 2.515 Signatures and Certificates of Attorneys and Parties. Arraignments: All Defendants are required to be present unless counsel appears for them and a written plea of not guilty and waiver of arraignment is filed by Counsel prior to the start of court. If a waiver of arraignment is filed prior to a scheduled arraignment the case will automatically be rescheduled to a docket call unless otherwise requested. Any waivers of arraignment filed within 72 hours of the arraignment must be emailed to the judicial assistant. All pro se Defendants and counsel need to check in with the court clerk when you arrive in court. A case may be resolved at arraignment if there is a plea to the Court, the plea offer provided by the State Attorney’s Office is accepted. • the date the matter is being continued from and the date the matter is being continued to (all dates are set forth on the Court’s online calendars). If you do not have a copy of a signed order of continuance before Docket Call, you and your client must appear in person for Docket Call, if a Waiver of Appearance has not been filed. VOP Docket Call continuances must be submitted to the Judicial Assistant at SLCJudge7@circuit19.org, no later than noon the Monday before VOP Docket Call, (NO EXCEPTIONS). Please review the Court’s online calendar for the next date and fill in the agreed date on the proposed order. Last minute continuances on all matters will not be granted except for extraordinary circumstances. All other continuances must be submitted to the Court at least three (3) full business days in advance of the day the matter is currently set before the Court. For your convenience, a form order in Word format for continuance is located on the Court’s webpage. Motion Hearings: Are scheduled by contacting the judicial assistant for hearing dates. Motion hearings may be set for other court dates depending on the length of the hearing, the court schedule, the needs of the case, and for good cause shown. Make sure to include opposing counsel, the amount of time requested for the hearing, and a copy of the already e-filed motion in the email. Once a date is selected a notice of hearing must be filed by the moving party. Once filed, a copy of the notice of hearing, the motion, and a proposed order in Microsoft Word format must be submitted to the judicial assistant to ensure the hearing is docketed. (See notice of hearing requirements below). Change of Plea Hearings: Change of pleas may be special set or are accepted at arraignment, docket call, and mini docket. A change of plea may be set at 9:00 A.M. on jury trial days if it is fully negotiated. Some change of pleas may be set for other court dates depending on the court schedule, the needs of the case, and for good cause shown. Change of plea hearings will not be scheduled in cases with an active warrant until the warrant is resolved. You may request a change of plea date from the judicial assistant by email. Please state whether the plea is negotiated and include opposing counsel. • Pre-trial Hearings: Evidentiary motions that need to be heard prior to trial are scheduled on these hearing dates. Contact the judicial assistant to coordinate these hearings. The email should include: 1) the opposing party, 2) the case number and case style in the subject line, 3) a copy of the already e-filed motion, and 4) the length of time requested by the parties. • - Trial Media: All redactions to trial media must be complete no later than the morning of jury selection unless there is good cause as to why the redactions are unable to be made. - Jury Instructions: Proposed jury instructions must be submitted to the Court no later than the morning of trial. The Court will review the proposed jury instructions with counsel at the charge conference after the evidence is closed. Requests for special jury instructions will be addressed at the charge conference. • Scheduling Hearings: The parties are encouraged to confer on Motions prior to reaching out to the Court for hearing time. The Court initially considers agreed orders in Chambers and will let the parties know whether a hearing is needed. The body of the motions must state whether opposing counsel has an objection to the motion or stipulates/agrees with the contents of the motion. Hearings dates may be requested by emailing SLCJudge7@circuit19.org. The judicial assistant will provide several dates to coordinate with opposing counsel. The on-line judicial calendar outlines what dates are available for hearings, so you may request a certain date coordinated by the parties prior to reaching out to the judicial assistant. The request will be granted so long as the hearing time is available. Inmate Transport: It is the attorney’s responsibility to advise the judicial assistant by email if any inmate needs to be transported or appear via Zoom for court at least two (2) business days prior to the court date. It is the responsibility of the Defendant and attorney to ensure the Defendant’s presence. • Notice of Hearing: Copies of e-filed hearing notices must be emailed to the judicial assistant within 2 business day of filing at SLCjudge7@circuit19.org to ensure the hearing is docketed. Otherwise, the hearing time may be provided for other cases or the hearing may be canceled. Notices must include the hearing type, date, time, location, the length of the time requested for the hearing, and a certificate of service to opposing counsel/interested parties. A notice of hearing involving any remote appearance must list the judicial Zoom credentials. All hearing notices must comply with the notice requirement in Fla. R. Gen. P. and Jud Admin. 2.540(c) Requests for Accommodations by Persons with Disabilities. • Submission Deadlines: Any materials that you would like the Judge to consider prior to a hearing, including case law, memoranda of law, or • evidence agreed to by opposing counsel, may be emailed to SLCJudge7@circuit19.org in advance of the hearing and copied to opposing counsel. Do not assume that if you have filed a memorandum or response that the Judge will review it, it must be emailed the judicial assistant with the case number and date of the hearing so that the Judge may have sufficient time to review. Include in the email 1) whether the parties agree to the Court considering the exhibits in chambers prior to the hearing, and 2) the specific exhibits the parties would like the Court to review. • Order of Proceedings: The Court calls all in-person appearances first. Typically, parties with counsel are called first, then pro se parties, then parties appearing remotely. Cases are called in the order they are ready for cases with counsel, then in alphabetical order for all other cases. Remote appearance cases are called at the Court’s discretions. Special requests to be called out of order are considered by the Court. • Continuance Procedure: Unopposed Motions to Continue and proposed orders must be submitted no later than noon the Friday prior to the docket/hearing. A written motion to continue must state the basis for the continuance, whether it is unopposed, how many prior continuances have been granted, and age of the case (in days). Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e). • Canceling Hearings: A notice of cancelation must be filed in the court file and submitted to the judicial assistant immediately. If the hearing is scheduled by the Court but the matter is resolved you must notify the judicial assistant immediately by email. C. Remote Appearance • • Requirements: If a party requests to appear remotely for a non- evidentiary hearing lasting less than 30 minutes, pursuant to Fla. R. Gen. Prac. & Jud. Admin. Rule 2.530 and Fla. R. Crim. Proc. 3.116, the moving party must file a written motion 20 days prior to the scheduled hearing. The motion must be served on all parties with a courtesy copy sent via email to SLCJudge7@circuit19.org. The non-moving party will have 10 days from the service of the motion to object to the use of communication technology. A party waives objections to the use of communication • • Technology Needs: The attorney is responsible for providing the Zoom link to his or her client or witness and must be prepared with digital copies of evidence if necessary for the hearing. A phone or computer with access to Wi-Fi or data is required to access Zoom. The Court does not provide hardware to access Zoom. • • Deadline for Submissions: If the matter is scheduled for a hearing proposed orders must be submitted to the judicial assistant no later than noon the day prior to the hearing. Agreed/Stipulated orders must be submitted to the judicial assistant with the corresponding motion. The Court initially considers agreed orders in Chambers and will let the parties know whether a hearing is needed. • • Format: WORD/PDF is accepted for case law so long as the relevant sections of the case law are highlighted. PDF is preferred for any other documents. Audio/video may be provided on a USB drive with prior approval from the Court. You must obtain prior approval from the Court before sending an electronic link (e.g. Drop Box) that contains hearing materials. • • Requirements: If a party believes there is a factual basis for setting an emergency hearing, 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. The motion must be submitted to the Court after filing at SLCJudge7@circuit19.org and “EMERGENCY” must be included in the subject line of the email. • • Scheduling: If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances. G. Exhibits for Evidentiary Proceedings • Submission Method: Contact the Saint Lucie County Clerk’s Office at 772-462-6900 or CriminalCourt@stlucieclerk.gov. • Format: Exhibits must be submitted to the clerk of court in paper format or USB drive for media. All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial. Exhibits must be labeled in the format required by the Clerk of Court. • Deadline for Submissions: Evidence may be submitted during the hearing or trial. If the parties agree that the Court may view evidence prior to a hearing (such as a video or transcript), such evidence may be emailed to the Court in advance of the hearing and copied to opposing counsel at SLCJudge7@circui19.org. The Court will make its best efforts to review any agreed evidence submitted in advance as to make efficient use of time during the hearing. H. Pretrial Procedures and Conferences • Active Warrant Cases: Cases with active warrants pending are not set for hearing until the warrant is served or resolved by motion. Any hearings scheduled without court approval in cases with active warrants are stricken from the docket. • State/opposing counsel has an objection to the motion, and the relief requested. If the motion is agreed to, for example, you have reached out the Assistant State Attorney assigned to the case and they have no objection to the motion, then you may submit a stipulated motion and order to the judicial assistant. If the motion is not agreed, then reach out to the judicial assistant for a hearing date and include opposing counsel in the email. • Wavier of Appearance: Waivers of Appearance for criminal defendants must conform with Florida Rules of Criminal Procedure 3.180(3) and must be filed in the court file. If a waiver of appearance is filed within three (3) days of the court appearance counsel should come prepared with an already e-filed copy of the waiver of appearance to present to the Court. In-person appearance is required at evidentiary hearings, change of pleas, mini docket, and trial regardless of whether a waiver of appearance is filed in the court file. • Notice of Substitution of Counsel or Motion to Withdraw as Counsel: Absent written consent of the client, a hearing is required on a Notice of Substitution of Counsel and on a Motion to Withdraw as Counsel. (See Fla. R. Gen. Prac. & Jud. Admin. 2.505). If you have written consent from the client, please submit such with the motion. • Case Management Conference: The Court holds regular docket calls in lieu of case management conferences. If a specific case management conference is requested, then such request can be made via email at SLCJudge7@circuit19.org. • Status Conference: Any party may request hearing time for a status conference or the Court may set a status conference when a case requires one. • Requirements: Any request for a CMC or status conference must articulate the reasons for the necessity of the conference. • Scheduling: If the court agrees that a CMC or status conference is required, several hearing dates are provided, and the moving party must file a notice of hearing, or the Court may unilaterally set the status conference or CMC. • Pretrial/Suppress Motions: All pretrial motions, motions to suppress and pretrial objections (with the exception of motions in limine) shall be made or filed at least 10 days prior to a scheduled trial. The motion should be e-filed with the Clerk prior to scheduling your motion. Motions in Limine filed after mini docket are addressed at trial unless otherwise directed by the Court. These issues are deemed waived if not filed prior to • • Interpreter Requests: It is the attorney’s responsibility to arrange interpreter services. Information for the 19th Circuit Court Interpreters may be found on the website at: www.circuit19.org/court-interpreters. Please notify the judicial assistant if interpreting services are needed when coordinating hearings. PROPOSED ORDERS • Unopposed Motions to Continue should be e-filed and a copy, along with a proposed order (in WORD format) forwarded to the Judicial Assistant at SLCJudge7@circuit19.org, no later than Noon the Friday before Docket Call (NO EXCEPTIONS). If you are submitting a stipulation for continuance instead of an unopposed motion, the stipulation must be signed by all parties. This office does not accept emails as a stipulation. You must review the Court’s online calendars and fill in the new Docket Call date on the proposed order. If a continuance is requested, counsel will be required to advise the Court of the number of continuances. If defense has already had two (2) prior continuances, good cause must be shown. The proposed order must reflect • • Format: All proposed orders must be submitted in WORD format. • • Petitions to Expunge/Seal: Petitions to Expunge/Seal must include whether there is an objection from the State in the petition and must be filed in the court file. After the petition is filed in the court file submit the petition, certificate of eligibility, affidavit, and a proposed order in Microsoft Word format to the Court at SLCJudge7@circuit19.org. The Court will not receive a copy of the Petition and other documents unless you submit them to that email address. The case style and case number must be included in the subject line of the email. COURTESY COPIES • A. Communications with the Judicial Office ................................................................................ 1 B. Scheduling Procedures .................................................................................................................. 2 C. Remote Appearance ........................................................................................................................ 6 D. Submission of Orders and Judgments ..................................................................................... 7 E. Courtesy Copies of Case Law and Other Documents ........................................................... 7 F. Emergency and Other Urgent Matters ...................................................................................... 8 G. Exhibits for Evidentiary Proceedings ......................................................................................... 8 H. Pretrial Procedures and Conferences ........................................................................................ 8 I. Setting Case for Trial .................................................................................................................... 10 J. Forms ................................................................................................................................................ 10 K. Other Division Procedures .......................................................................................................... 11 • • Deadline for Submissions: Courtesy copies must be delivered to the court no later than two days before any evidentiary proceeding unless otherwise designated by the Court. REMOTE & VIRTUAL APPEARANCES • Those appearing by Zoom must be dressed as if they were coming into the courtroom in person and in appropriate surroundings. Zoom appearances are to be conducted in all aspects as if all parties were in the courtroom. When appearing by Zoom, you must mute your microphone until your case is called. Anyone violating these conditions is deemed not in attendance. Zoom appearances are called after in person appearances are conducted. • jury selection unless good cause is shown as to why the motion is being made at the time of jury selection. • Inmate Transport: It is the attorney’s responsibility to advise the judicial assistant by email if any inmate needs to be transported or appear via Zoom for court at least two (2) business days prior to the court date. It is the responsibility of the Defendant and attorney to ensure the Defendant’s presence CONTINUANCES • Docket Call: All defendants are required to be present at docket call unless appearance is waived. A written waiver of appearance that complies with Rule 3.180(3) must already be filed in the court file prior to docket call. If the waiver of appearance is filed within three (3) days of the docket call counsel must come prepared with an already e-filed copy of the waiver to present to the Court. All counsel should make every effort to be ready to resolve a case set for docket call whether through a negotiated plea, open plea to the Court, or announce ready for trial. Only for good cause shown will the Court grant further continuances at docket call. Written motions to continue docket call, with an agreement by the State are the preferred method of continuing a docket call. EXHIBITS & EVIDENCE • I. Setting Case for Trial • Procedure: Cases that are set for trial docket are cases that are ready for trial. Trial position is prioritized by, 1) in-custody Defendants, then, 2) age of the case. • Notice Period: Jury Selection commences on the Monday of each trial week unless otherwise designated by the court. The trial date is determined at jury selection. Trial begins the same week of jury selection unless otherwise approved by the Court. The Court will consider an agreed trial date, so the parties are encouraged to come to an agreement prior to jury selection. • Trials: Trials are scheduled Tuesday, Wednesday, Thursday and Friday of the designated trial weeks. - Trial Media: All redactions to trial media must be complete no later than the morning of jury selection unless there is good cause as to why the redactions are unable to be made. - Proposed Jury Instructions: Must be submitted to the Court no later than the morning of trial. The Court will review the proposed jury instructions with counsel at the charge conference after the evidence is closed. Requests for special jury instructions will be addressed at the charge conference. • Inmates: It is the responsibility of the Defendant and attorney to ensure the Defendant’s presence. Defense Counsel or the Defendant must provide a change of clothes for their clients to wear during trial. You may contact Court Security to obtain the appropriate form to request that an inmate is dressed out for jury selection and trial.
A. Communications with the Judicial Office ................................................................................ 1 B. Scheduling Procedures .................................................................................................................. 2 C. Remote Appearance ........................................................................................................................ 6 D. Submission of Orders and Judgments ..................................................................................... 7 E. Courtesy Copies of Case Law and Other Documents ........................................................... 7 F. Emergency and Other Urgent Matters ...................................................................................... 8 G. Exhibits for Evidentiary Proceedings ..................................................................................
Reviewer note: Document sha256: ebb79638ec6feaf0fd544901e9b011dee55b80d89a51620b3c308fe2d4940012. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. | Title normalised 2026-07-26 for readability; the court's own asset name was "19th Cir. — judge-michael-c-heisey__HEISEYs-Judicial-Practices-and-Procedures-4-16-26.pdf: published requirements". Only the display title changed — the requirement text, source URL and hash are untouched.
46 verbatim courtroom requirements published by Judge Michael Rudisill.
16 verbatim courtroom requirements from Judge Jessica G. Costello's published division procedures.