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Official rule; awaiting reverification against the current source text. Verify with the clerk, judicial assistant, or official court website before relying on it.
6 verbatim requirements on remote appearances.
Eighth Judicial Circuit — DIVISION/CIRCUIT-WIDE - Security/Emergency only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
• AO 11.23 (v.1) Page 2 Corona Virus Pandemic (COVID-19) Emergency Procedures Effective: March 19, 2020 3. If it is not practicable to conduct essential court proceedings with all individuals appearing remotely, those individuals who are unable to appear remotely shall appear in person, unless the appearance is waived by the presiding judge. 4. Essential court proceedings shall include: (a) First Appearances; (b) Bond Hearings; (c) In-custody Changes of Plea in which the defendant’s release from incarceration is expected; (d) Juvenile Detention Hearings ; (e) Domestic Violence Injunction Hear ings (including repeat, sexual, dating violence and stalking injunction); (f) Risk Protection Orders; (g) Shelter Hearings ; (h) Dependency Arraignments and Advisory Hearings; (i) Dependency a nd Family Law matters where the imminent safety of child ren is at issue ; (j) Baker and Marchman Act proceedings (k) Appointment of Emergency Temp orary Guardian; (l) Vulnerable Adult Injunctions; (m) Adult Protective Services proceedings; (n) “Do not resuscitate” proceedings; (o) Seizure of bodily fluid procee dings; (p) All critical proceedings related to the current public health emergency, such as violation of quara ntine, travel limitations, closing of bu ildings, or curfews ; and (p) other matters determined to be urgent by the presiding judge. 5. In conducting these essential court proceedings, all practicable methods to minimize the risk of COVI D-19 exposure shall be employed; including permitting only those persons essential to the pr oceeding to enter the courtroom, cleaning and disinfecti ng of surfaces both be fore and a fter the proceeding, using the hallways or additional courtrooms as waiting areas, and dispersing those present in the courtroom to a safe distance. 6. No proceeding, other than those listed in paragraph 4 above, shall take place unless it can be conducted remotely , using telephonic or other electronic means, without any in-person court appearance. • AO 11.25 Page 5 Updated Corona Virus Pandemic (COVID-19) Emergency Procedures Effective: March 30, 2020 iii. Essential circuit court criminal proceedings in Baker, Bradford, Gilchrist, Levy, and Union Counties, defined as bond hearings, in-custody Changes of Plea, and other matters which the Court determines to be of an urgent nature, shall be heard in those counties, unless determined otherwise by the assigned judge. iv. Wherever practicable, these proceedings shall be conducted remotely, using telephonic or oth er electronic means, without the necessity of in- person court appearances. v. If it is not practicable to conduct these proceedings with all necessary individuals appearing remotely, the necessary individuals who are un able to appear remotely shall appear in person, unless the appearance is waived by the presiding judge. D. Remote Proceedings Any hearing, regardless of type, may take place if it is conducted entirely remotely, using telephonic or other electronic means , with no in-person appearances by parties, attorneys, clerks, court reporters, or any other individuals. 3. Protocols for weekend and holiday First Appearance shall remain unchanged. 4. In conducting any court proceedings, all practicable methods to minimize the risk of COVI D-19 exposure shall be employ ed; including permitting only those persons essential to the pr oceeding to enter the courtroom, cleaning and disinfecti ng of surfaces both before and a fter the proceeding, using the hallways or additional courtrooms as wa iting areas, and dispersing those present in the court room to a safe distance. • https://zoom.us/j/3058843452THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 11.28 EXTENDING EMERGENCY PROCEDURES WHEREAS, Eighth Circ uit Administrative Order 11.25, REVISED CORO NA V IRUS PANDEMIC (COVID-19) EMERGENCY PROCEDURES, was issued on March 26, 2020; and WHEREAS, Eighth Circuit Administrative Order 11.25 extends through April 17, 2020 ; and WHEREAS, The Florida Supreme Court issued AOSC20 -23 on April 6, 2020 wh ich extended emergency measures for all state courts through May 29, 2020, IT IS THEREFORE ORDERED that Eighth Circ uit Administrative Order 11.25, REVISED CORONA VIRUS PANDEMIC (COVID-19) EMERGENCY PROCEDURES is hereby extended through May 29, 2020 at 5:00 pm. ORDERED ON this 13 day of April, 2020. James P. Nilon, Chief Judge • 2. Modified Phase 1 A. Commencement - Commencing June 1, 2020 , th is circuit shall transition to a modified Phase 1. B. Remote Pr oceedings - All court events which can be effectively conducted remotely, shall proceed by electronic means with no in-person court appearances. C. Non-Essential, Non-Critical Court Proceedings - Any court event which cannot be effectively conducted remotely with no in -person court appearances, shall not proceed unless it is an essential or critical court proceeding as defined below. D. Essential or Critical Court Proceedings - Any co urt event which cannot be effectively conducted remotely, shall proceed with in -person court appearances if it i s an essential or critical court proceeding, and the safety precautions set forth below are employed. Such hearings sha ll be conducted remotely to the extent possible, using a hybrid approach in wh ich some participants appear in- person and some appear remotely if feasible. E. Essential Court Proceedings Defined - Essential Court Proceedings are defined as: i. First Appearance, bond hearings, in -custody Changes of Plea , in-custody violation of probat ion or community control hearings, in -custody motions which the court determines will be dispo sitive of the case, out-of-custody Changes of Plea, and juvenile delinquency detention hearings. ii. Domestic Violence Injunction Hearings (including repeat, sexual, dating violence and stalking injunction), and Risk Protection Order hearings. iii. Juvenile Dependency Shelter hearings and Dependency a nd Termination of Parental Rights Adjudicatory Hearings, as determined by the presiding judge. iv. Hearings on Appointment of Emergency Temp orary Guardian, Vulnerable Adult Injunctions, Adult Protective Services proceedings, “Do not resuscitate” proceedings, Seizure of bodily fluid procee dings, and other matters of this type which the Court determines to be of an urgent nature. • AO 11.33 Page 4 Procedures for Phase 2 Transition Effective: July 6, 2020 3. COURT PROCEEDINGS A. Remote Pr oceedings - All court proceedings regardless of ty pe, with the exception of jury proceedings, which can be effectively conducted remotely , shall continue to proceed by electronic means with no in-person court appearances. B. Essential Court Proceeding s, Critical Co urt Proceedings, and Phase 2 Court Proceedings – Essential Court Proceedings, Critical Court Proceedings, and Phase 2 Court Pr oceedings, as defined below, which cannot be effectively conducted remotely, shall proceed with in -person cou rt appearance s, provided that all safety precautions set forth in Paragraph 4 below are employed. Such hearings shall be conducted remotely to the extent possible, using a hybrid approach in which some participants appear in-person and some appear remotely if feasible. C. Essential Court Proceedings Defined - Essential Court Proceedings are defined as: i. First A ppearance, all criminal arraignments**, bond hearings, in -custody Changes of Plea , in-custody violation of probat ion or community control hearings, in-custody motions which the court determines will be dispo sitive of the case, out-of-custody Changes of Ple a, and juvenile delinquency detention hearings. ii. Domestic Violence Injunction Hearings (including repeat, sexual, dating violence and stalking injunction), and Risk Protection Order hearings. iii. Juvenile Dependency Shelter hearings and Dependency a nd Termination of Parental Rights Adjudicatory Hearings, as determined by the presiding judge. iv. Hearings o n Appointment of Emergency Temp orary Guardian, Vulnerable Adult Injunctions, Adult Protective Services proceedings, “Do not resuscitate” proceedings, Seizure of bodily fluid procee dings, and other matters of this type which the Court determines to be of an urgent nature. ** All criminal arraignments ha ve been ad ded to the list of essential court proceed ings as authorized by AOSC20-32 Amendment 4, Paragraph III D (1). • AO 11.24 Page 5 Updated Corona Virus Pandemic (COVID-19) Emergency Procedures Effective: March 30, 2020 iii. Wherever practicable, these proceedings shall be conducted remotely, using telephonic or oth er electronic means, without the necessity of in- person court appearances. iv. If it is not practicable to conduct these proceedings with all necessary individuals appearing remotely, the necessary individuals who are un able to appear remotely shall appear in person, unles s the appearance is waived by the presiding judge. 3. Protocols for weekend and holiday First Appearance shall remain unchanged. 4. No proceedings, other than those set forth above, or those specifically approved by the Chief Judge, shall take place unless they are conducted entirely remotely, using telephonic or other electronic means , with no in-person appearances by parties, attorneys, clerks, court reporters, or any other individuals. 5. In conducting any court proceedings, all practicable methods to minimize the risk o f COVI D-19 exposure shall be employ ed; including permitting only those persons essential to the pr oceeding to enter the courtroom, cleaning and disinfecting of surfaces both before and after the proceeding, using the hallways or additional courtrooms as wa iting areas, and dispersing those present in the courtroom to a safe distance. 6. Any person , regardless of statu s, who is e xhibiting symptoms consistent with COVID-19, or any person who ha s be en in contact with an other person who has tested po sitive for COVID-19, shall be prohibited from entering any court facility without the express permission of the Chief Judge or the Trial Court Administrator.
AO 11.23 (v.1) Page 2 Corona Virus Pandemic (COVID-19) Emergency Procedures Effective: March 19, 2020 3. If it is not practicable to conduct essential court proceedings with all individuals appearing remotely, those individuals who are unable to appear remotely shall appear in person, unless the appearance is waived by the presiding judge. 4. Essential court proceedings shall include: (a) First Appearances; (b) Bond Hea rings; (c) In-custody Changes of Plea in which the defendant’s release from incarceration is expected; (d) Juvenile Detention Hearings ; (e) Domestic Violence Injunction Hear ings (including repeat, sexual, dating violence and stalking inju nction); (f) Risk Protection Orders; (g) Shelter Hearings ; (h) Dependency Arraignments and Advisory Hearings; (i) Dependency a nd F amily Law matters where the imminent safety of child ren is at issue ; (j) Baker and Marchman Act proc
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3 verbatim requirements on remote appearances in CALEB S. JOHNSTON's division.
6 verbatim requirements on remote appearances in MICHAEL G. KAPLAN's division.