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9 verbatim requirements on continuances.
Eighth Judicial Circuit — DIVISION/CIRCUIT-WIDE - Criminal only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. • AO 4.01 (v4) Page 1 Circuit Court Criminal Division: Organization and Procedure Effective: January 4, 2016 THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 4.01 CIRCUIT COURT CRIMINAL DIVISION: ORGANIZATION AND PROCEDURES In order to provide for the requirements of the Eighth Judicial Circuit in the area of the Organization and Procedures of the Criminal Divisions of the Circuit Court; and WHEREAS, the orderly administration of justice requires that attorneys, clerks, defendants, victims, witnesses, personnel in the various agencies dealing with the courts, and other persons involved in the proces s of a criminal case, be advised of the organization and procedures of the criminal divisions; it is hereby ORDERED that that the following Organization and Procedures of the Criminal Divisions of the Circuit Court are hereby adopted: I. ORGANIZATION OF THE CRIMINAL DIVISIONS A. Structure of Divisions The structure of the criminal divisions and general distribution of cases to each division are set forth in the General Assignment Order 1, which may be amended from time to time by the Chief Judge of the Eighth Judicial Circuit. B. General Responsibility of Judges in the Criminal Division The J udge of each division is responsible for the progress and conduct of all cases assigned to that division from inception to conclusion, including but not limited to : arraignments, bond hearings, motion hearings, case management, trial status, pre -trial, trial and post -trial matters. The J udge shall exercise supervision over the preparation of all calendars and dockets of cases assigned to him or her in conformity with the Master Calendar. 1 The Master Calendars are available online at www.circuit8.org. • AO 4.01 (v4) Page 2 Circuit Court Criminal Division: Organization and Procedure Effective: January 4, 2016 C. General Responsibility of Judges on Special Court Assignment Special Court assignments include : (1) Division V (Alachua County Felony Forensics); (2) Division VI (Circuit -wide Post -Conviction Relief) ; (3) Division VII ( Adult Felony Drug C ourt - Alachua County, Baker County and Bradford County ); (4) Division VIII (Veterans Treatment Court); (5) Division IX (Alachua County Mental Health Court) ; (6) Extraordinary and Unusual Case Compensation; and (7) Circuit-wide “Jimmy Ryce” Cases. The J udge assigned to each of the Special Court dockets is responsible for the progress and conduct of all such cases on that docket. II. GENERAL PROCEDURE FOR PROCESSING CRIMINAL DIVISION CASES A. Designated Proceedings on Master Calendar The dates available for proceedings are generally regulated by the Master Calendars. The Master Calendars utilize the following designations: 1. Criminal General Criminal General is reserved for conducting arraignments, change of pleas, and dispositions, as well as other events which have been cale ndared by court order, oral or written. a. Special Arraignment/Case Management Conference Special Arraignment and Case Management Conference is reserved for conducting arraignment and case management, which entails among other things, the setting of a trial s tatus conference, pre -trial conference, and a trial date. This docket is specially reserved for those cases , including any charge under the following statutes: Chapter 893, Florida Statutes; Chapter 322, Florida Statutes; Chapter 316, Florida Statutes; § 812.014(3)(C); § 796.07(4)(c), and such other cases as the division Judge may identify for expedited progress. • AO 4.01 (v4) Page 3 Circuit Court Criminal Division: Organization and Procedure Effective: January 4, 2016 2. Bond Reduction Hearings a. Motions to Modify Bond (1) Bond reduction hearings are reserved exclusively for motions related to bail bonds or pretrial re lease. These motions must be filed at least three (3) full working days prior to the hearing. The motion shall be hear d by the d ivision J udge in the d ivision in which that case is filed. Bond reduction hearing dates may be obtained by viewing the Circuit Court Master Calendars, which can be found online at www.circuit8.org. (2) The attorney filing such motion shall prepare, file , and serve a notice of hearing and the motion. (3) The notice of h earing shall include the time, date, and courtroom for the bond hearing. The attorney is responsible for identifying the proper bond hearing docket and noticing the h earing before the appropriate division Judge. (4) The attorney filing the motion shall prepare a proposed order and bring that order to the bond hearing with the appropriate number of copies for opposing c ounsel. Delivery shall be by e-mail or delivery in the courtroom. b. Thirty (30) and Forty (40) Day Motions for ROR Release Pursuant to Rule 3.134 (1) Thirty (30) and forty (40) day mo tions for ROR release shall be noticed for h earing for the first available b ond hearing docket, irrespective of the division in which the case is filed. Bond reduction hearing dates may be obtained by viewing the Circuit Court Master Calendars, which can be found online at www.circuit8.org. (2) The attorney filing such motion shall prepare, file , and serve a notice of hearing and the motion by 2:00 p.m. on the business day prior to the date that the hearing is scheduled to occur. (3) The notice of h earing shall include the time, date, and courtroom for the b ond hearing. The attorney is responsible for identifying the proper bond hearing docket and noticing the h earing before the firs t available J udge on the business day following the date the motion is filed. • AO 4.01 (v4) Page 9 Circuit Court Criminal Division: Organization and Procedure Effective: January 4, 2016 4. Trial Status Conference The scheduling of trial status conferences remains in the discretion of the presiding Judge. At trial status conference, the J udge may accept changes of plea, announcements of nolle prosequi, or last minute unanticipated or emergency matters prior to jury selection. Judges may also set trials for day certain at trial status. C. Change of Plea Change of pleas will be calendared by court order, oral or written, as soon as possible . If a change of plea cannot be scheduled before a case management conference, trial status conference, or pre -trial co nference, time permitting, the J udge may entertain the change of plea at the case management conference, pre -trial conference, or trial s tatus conference or as otherwise approved by the Court. The intention to enter a change of plea does not relieve the State or the Defense from the obligation to be prepared for the case management conference and pre-trial conference. D. Violation of Probation Cases Violation of probation cases shall be placed on the first available docket for arraignment. After arraignment, violation of probation case management , change of pleas, dispositions, and hearings will be calendared by court order, oral or written. E. Evidentiary Motions All evidentiary motions, including Motions in Limine, will be calendared by the moving party through the Judicial Assistant of the presiding J udge. Evidentiary motions will not be entertained at the case management conference or the pre-trial conference. F. Changes in Dockets and Court Schedules No case may be added to or removed from any docket or calendar without the specific approval of the presiding Judge. • AO 4. 02 (v1) Page 2 Alachua County Court Criminal Division: Organization and Procedure Effective: February 15, 2007 trial, and post‐trial matters. The judge shall exercise supervision over the preparation of all calendars and dockets of cases assigned to the judge in conformity with the master calendar. II. GENERAL PR OCEDURE The dates available for proceedings are generally regulated by the County Court Criminal Calendar. The following procedures apply to criminal cases pending in Alachua County Court: A. Arraignment 1. Arraignment shall occur not less than ten days after a citation, notice to appear, or information has been filed with the Clerk of Court; arra ignment will take place as established in the County Court Criminal Calendar. If the charging instrument does not provide an arraignment date, the Clerk shall provide notice of the arraignment to attorneys of record, pro se defendants*, and the bonding agency. 2. It is mandatory that the defendant, defense counsel, and counsel for the State appear at arraignment, except that the defendant and defense counsel may be excused from appearance if defense counsel has filed, prior to arraignment, a written plea of not guilty, pursuant to Florida Rule of Criminal Procedure 3.160(a). 3. At arraignm ent, the defendant shall be prepared to enter a good faith plea. If the defendant enters a plea of guilty or nolo contendere, the court may accept the plea and dispose of the case at arraignment. If the defendant enters a plea of not guilty , the court shall set the case for the next appropriate pretrial conference as set forth in the County Court Criminal Calendar. B. Pre‐Trial Conference 1. Pre‐Trial Conference (“PTC”) for each trial term shall be held at least two (2) weeks prior to the trial term and shall be conducted over a two day period as foll ows: * Pro Se Defe ndant: those Defendants representing themselves. • AO 4. 02 (v1) Page 3 Alachua County Court Criminal Division: Organization and Procedure Effective: February 15, 2007 a. PTC for private counsel and pro se defendants will be held the first day and will begin at 9:00 A.M. b. PTC for defendants represented by the Public Defender’s Office will be held the second day. Public Defender PTC will begin at 10:00 A.M. for the morning session and 2:00 P.M. fo r the afternoon session. Defendants represented by the Public Defender’s Office will be noticed to appear at 8:30 A.M. and 12:30 P.M. to provide the assistant public defenders an opportunity to meet with their clients prior to PTC. Although the Public Defender PTC is divided, by alphabet, into morning and afternoon session s, the assistant public defenders for each division shall be present for both the morning and afternoon pre‐court sessions to assist each other and to maximize judicial efficiency. c. Every defendant's counsel, pro se defendants and counsel for the State of Florida, shall attend PTC for the purpose of announcing whether each case is to be set for trial at the next ensuing trial term. It is the intent of this order to re‐establish PTC as the day case s are set for trial or change of plea in a meaningful and informed manner. d. PTC will usually be conducted on Mondays and Tuesdays throughout the year. However, when a holiday disrupts the schedule, PTC will be conducted on alt ernate days as indicated by the County Court Criminal Calendar. 2. Waiver of P resence . The defendant’s presence is not required at PTC if defense counsel files a Pre‐Trial Acknowledgment and Waiver form signed by both the defendant and defense counsel (see attached form). If the defendant has not signed the PTC Acknowledgment and Waiver form, his or her presence is required for purpose of cas e management. Pro se defendants must appear at all Pre‐Trial Conferences unless prior permission is obtained from the Court. 3. Pre‐Trial Motions. All motions shall be filed and heard prior to PTC. It shall be the responsibility of the movant to schedule and notice hearings on all filed motions. Any motion, the granting of which will result in the postponement, continuance or delay in the trial of any case or a dismissal of charg es, will not be entertained nor considered by the Court on or • AO 4. 02 (v1) Page 4 Alachua County Court Criminal Division: Organization and Procedure Effective: February 15, 2007 after PTC if such motion is based upon any circumstance, fact or matter of law known to the movant prior to PTC or which should have been known through the exercise of reasonable diligence. 4. Continuances. With minor exceptions, misdemeanor cases should be resolved within ninety (90) days from the date of the arrest or filing of the information. Consequently, continuances will be limited to those cases where good cause has been shown. Good cause is not presumed merely because the continuance is the first one req uested by counsel. All motions and stipulations for continuance must comply with Fla. R. Crim. P. 3.190(g) and Fla. R. Jud. Admin. 2.545(e), and must be filed at or prior to PTC. 5. Discovery. The State and Defense will ensure that all discovery obligations have been satisfied no later than PTC. 6. Post Pre‐Tri al Conference Pleas. There will be no negotiated pleas, without good cause, after Trial Status Conference. 7. State Attorn ey Responsibilities. a. Pre‐Arraignment: Pursuant to a standing agreement between the State and the Public Defender’s Office, the State will provide discovery at the earliest opportunity following the appointment of the Public Defender’s Office. The participation of the Public Defender’s Office in the discovery process is presumed in the absence of a written waiver. b. Pre‐Trial Co nference: For all cases announced for trial, the State will confirm witness availability no later than forty‐eight (48) hours following PTC and notify the judicial assistant and defense if a case must be continued due to the unavailability of an essential witness. 8. Defense Responsibilities. By announcing that a case is ready for trial at PTC, defense counsel and pro se defendants represent to the Court that: • AO 4. 02 (v1) Page A‐i Alachua County Court Criminal Division: Organization and Procedure Effective: February 15, 2007 Pre‐Trial Conference Acknowledgment and Waiver IN THE COUNTY COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, vs. , Defendant. ______________________________/ CASE NO.: DIVISION: PRE‐TRIAL CONFER ENCE ACKNOWLEDGMENT AND WAIVER The following is hereby acknowledged with the advice and consent of undersigned counsel: 1. If discovery has been provided, the Defendant has reviewed the police reports, witness statements and all other evidence provided in this case. 2. The plea offer (if offered) from the State has been reviewed and is: accepted/rejected (circl e one). 3. The Defendant waives appearance at Pre‐Trial Conference. 4. The Defendant understands that a continuance requested on the Defendant’s behalf waives the Defendant’s right to speedy trial pursuant to Rule 3.191, Florida Rules of Criminal Procedure. Motions for continuance must comply with Rule 2.545(e), Florida Rules of Judicial Adm inistration. ________________________ _________________________________ Date Defendant ________________________ _________________________________ Date Defense Counsel • AO 4.03 (v1) Page 1 First Appearance Procedures Effective: February 24, 2011 THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 4.03 FIRST APPEARANCE PROCEDURES In order to provide First Appearance procedures for the Eighth Judicial Circuit pursuant to Florida Rule of Criminal Procedure 3.130(a) and to ensure proper procedures exist to determine probable cause for the arrest and determine appropriate conditions of pretrial release, it is hereby ORDERED that the following procedures shall apply to all First Appearance hearings: I. Time and Place for All First Appearance Hearings in the Eighth Judicial Circuit Weekdays Weekends and Holidays Time Location Time Location Alachua 9:00 a.m. Courtroom 2C Alachua County Criminal Justice Center 220 S. Main Street Gainesville, FL 9:30 a.m. Baker 1:00 p.m. 1 Baker County Courthouse 339 E. Macclenny Ave. Macclenny, FL Bradford 9:15 a.m. 1 Bradford County Courthouse 945 N. Temple Avenue Starke, FL Gilchrist 8:30 a.m. 1 Gilchrist County Courthouse 112 S. Main Street Trenton, FL Levy 8:30 a.m. 1 Levy County Courthouse 355 S. Court Street Bronson, FL Union 10:30 a.m. 1 Union County Courthouse 55 W. Main Street Lake Butler, FL 9:00 a.m. Juvenile Detention/ Shelter Hearings Handled separately from First Appearance 10:30 a.m. Courtroom 1A Alachua County Criminal Justice Center 220 S. Main Street Gainesville, FL 1 Time and courtroom subject to change based on courtroom usage and/or scheduled court events. Changes will be reflected on the weekly calendars available on www.circuit8.org . First Appearances may be held by videoconference between the jail and courtroom.
AO 4.01 (v4) Page 1 Circuit Court Criminal Division: Organization and Procedure Effective: January 4, 2016 THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 4.01 CIRCUIT COURT CRIMINAL DIVISION: ORGANIZATION AND PROCEDURES In order to provide for the requirements of the Eighth Judicial Circuit in the area of the Organization and Procedures of the Criminal Divisions of the Circuit Court; and WHEREAS, the orderly administration of justice requires that attorneys, clerks, defendants, victims, witnesses, personnel in the various agencies dealing with the courts, and other persons involved in the proces s of a criminal case, be advised of the organization and procedures of the criminal divisions; it is hereby ORDERED that that the following Organization and Procedures of the Criminal Divisions of the Circuit Court are hereby adopted: I. ORGANIZATION OF THE CRIMINAL DIVISIONS A.
Reviewer note: Source sha256: b51f775ae482fb6598208fae5bba5a101187b4d80227b5fd0d79efcb878a3ced, 9d8768051601a43414e84ecda235397d97f8129f9b103620b372730fe2634e31, b02eae5ed8a89a3b0d04db71e47b1dfff9a48af98a2ff38abdc3cc628d1a5d06. Corpus categories: CASE_MANAGEMENT_OR_TRACK | SCHEDULING_OR_CANCELLATION, PROPOSED_ORDERS | SCHEDULING_OR_CANCELLATION, SCHEDULING_OR_CANCELLATION, CONTINUANCES | SCHEDULING_OR_CANCELLATION, CONTINUANCES. Operative status as recorded: CURRENT_DIRECTORY_CURRENT_VERSION. Published during the 2026-07-24 completeness pass.
Florida follows the federal summary-judgment standard. The motion must be served at least 40 days before the hearing; the nonmovant's response is due no later than 20 days before the hearing.
How Florida procedural deadlines are computed: exclude the trigger day; count every day for periods of 7 days or more; for periods under 7 days, skip intermediate weekends and legal holidays; roll forward when the last day is a weekend or holiday.
Judge Siperstein requires every motion to be set within 5 days of filing and heard within 60 days, or it may be deemed abandoned.