Loading…
40 verbatim requirements from document (unlisted) [unlisted] 38cp1.
20th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://www.ca.cjis20.org/pdf/judge/38cp1.pdf, harvested 2026-07-25; whitespace normalised only. • When calling to set a hearing, the following information is required from your office: 1) Case Number 2) Case Name 3) The Motion(s) to be heard 4) The amount of time required for both sides to present evidence, if any, and to argue the motion (*please ask your attorney as this may vary greatly from one case to another). • If your hearing exceeds the time requested, the judge may order that your motion be reset to another motion docket. 5) Your Notice of Hearing must include the amount of time you estimated for both sides to present evidence and to argue the motion. • As a courtesy to the other side, the attorneys must clear the hearing time with the opposing party before booking the hearing. • On all Motions, the Judicial Assistant will give you a hearing confirmation number that must be put in your Notice of Hearing. • Judicial Assistant and shall deliver written notice to the State Attorney (by fax or hand delivery) not later than 3:00 p.m. two (2) business days prior to the date of the hearing. • For example, for a 9:00 a.m. hearing on Monday, notice must be delivered to the State • Generally, witnesses may not appear by telephone in the absence of a stipulation between the parties permitting such an appearance and with advance notice to the Court. • A notary public must be available in the presence of the witness to administer the oath, or the parties may stipulate that the clerk administer the oath from the courtroom. • Copies of the cases must also be delivered at the same time to opposing counsel. • All motions for the continuance of a case which has been set for trial shall be timely filed in writing, and except for good cause shown, shall be signed by the party (in addition to the attorney) requesting the continuance. • In the absence of exceptional circumstances which are not reasonably foreseeable and which are beyond the control of the moving party or counsel, motions for continuance of trial shall only be set for hearing on the court’s regular motion calendar. • Continuances shall only be granted upon a showing of good cause. • Motions for New Trial must be filed with the Clerk and a copy sent to the Court. • All requests for funeral release or furlough from the Collier County Jail should be submitted to the jail and must comply with the Sheriff’s policies and procedures. • If the presence of a defendant who is in custody outside of Collier County is required for a plea, hearing or trial, counsel seeking the presence of the defendant shall be responsible for timely submitting to the Court an Order to Transport. • Counsel shall consider that the defendant’s location of custody may lengthen the time required to transport the defendant and counsel should contact the Collier County • These orders shall also provide for the return of the defendant to custody after conclusion of the plea, hearing or trial. • The Order to Transport shall indicate that a copy is to be delivered by the Clerk to the Collier County Sheriff’s office. ¾ Motions to Set Bond or Reduce Bond: • Reduction Investigation report be prepared by the Department of Corrections, and if so ordered, a hearing date may not be set until after the report has been forwarded to the Court (not the Clerk) with a copy to the State Attorney and the Defense Attorney (or Defendant, if pro se). ¾ Motions to Set Bond in VOP cases. • Defense counsel must schedule the hearing with the Judicial Assistant in accordance with the • Court’s procedures and shall deliver written notice to the State Attorney (by fax or hand delivery) not later than 3:00 p.m. two business days prior to the date of the hearing. • Otherwise, you must follow the procedure for general motion scheduling set forth above. • Your proposed order must include the attorneys, agencies, and/or parties who are to receive a conformed copy. • Do not submit a proposed order requesting the Court to hold the order for a certain number of days pending any objection from the opposing counsel or party. • ALL SUBMISSIONS to the Court must contain a cover letter and copies of the motions or pleadings (if applicable). • The cover letter must state the reason for the submission and state or indicate that the letter and attachments have been furnished to the opposing party. • If the Public Defender has been appointed, a plea of not guilty will be entered and the defendant shall be instructed to contact the Public Defender’s office within ten (10) days to schedule an appointment to meet with the assigned attorney. • After entry of a plea at arraignment, or after defense counsel has filed a written plea of not guilty at or before arraignment, a Case Management Conference shall be scheduled by the Clerk not less than 35 days (5 weeks) nor more than 56 days (8 weeks) thereafter (excluding court holidays), and the Clerk of Courts shall deliver or send notice of the Case • Not later than ten (10) days after the arraignment, the State Attorney shall deliver or transmit to Defense Counsel, the following: • The defendant is required to attend the Case Management Conference. • The presence of the defendant is required at the case management conference to enable the Court to ascertain whether a plea agreement has been offered and if so, whether it has been, or is likely to be accepted, and to otherwise facilitate plea discussions and agreements in accordance with Rule 3.171. • Counsel of record for the defendant and the Assistant State Attorney shall appear in person at the Case Management Conference and shall be prepared to discuss the case with respect to: • At the Case Management Conference, the Clerk shall issue a Scheduling Notice with the dates for pre-trial conference and trial. • The defendant shall sign a receipt for the notice with the dates. • Counsel shall be ready for trial on the first day of the trial docket and each day thereafter unless excused by the Court. • Counsel shall notify their witnesses to stand ready for trial during the entire period of the trial docket. • All discovery, including taking of depositions, shall be completed not later than 14 days (2 weeks) prior to the pre-trial conference. • In accordance with Rule 3.220(h)(1)(D), no deposition shall be taken in a case in which the defendant is charged only with a misdemeanor or a criminal traffic offense unless good cause can be shown to the court. -- 8 of 20 -- 9 • The defendant and trial counsel are required to be present at the pre-trial conference. • The presence of the defendant is required at the pretrial conference to enable the Court to ascertain whether a plea agreement has been offered and if so, whether it has been, or is likely to be accepted, and to otherwise facilitate plea discussions and agreements in accordance with Rule 3.171.
When calling to set a hearing, the following information is required from your office: 1) Case Number 2) Case Name 3) The Motion(s) to be heard 4) The amount of time required for both sides to present evidence, if any, and to argue the motion (*please ask your attorney as this may vary greatly from one case to another).
Reviewer note: Order PDF sha256: 22ca52536e717bd79771cb958c04d8b13b385df3377a2d2334fed167940c58f1. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.