Communication
Chambers
Document Format Requirements7 rules
For all virtual hearings by Zoom, parties must use both audio and video. If the parties do not have video capability, the matter must be set for an in-person hearing.
Proposed Orders shall be emailed to wablekc@circuit8.org in Word format.
- File type
- Word
Proper courtroom decorum should be maintained in virtual hearings. Participants should be in a quiet setting and minimize any external distractions and dress as if they were coming to the courthouse.
The Court will not accept electronic devices (i.e., videos, flash drives, etc.) sent via US Mail; you may submit a physical copy at hearing/trial.
Each case or document should be provided as a separate file.
All proposed orders should be sent in Microsoft Word format (unless it is an agreed final judgment with attachments).
- File type
- Word
Litigants should highlight the parts of a law or case that they believe are pertinent to the issues at hand.
Document Filing Requirements33 rules
The VJO and Treatment Court Supervisor shall be notified via the First Appearance Order.
A written motion or referral must be filed by the party making the referral.
The plea agreement must provide for unconditional resolution of the case whether the defendant successfully completes the program or not.
Court's wording
A defendant must enter a plea agreement which provides for the unconditional resolution of the defendant’s case in the event the defendant successfully completes the program, or in the event the defendant fails to successfully complete the program.
The plea agreement must state that the specified Florida procedural rules govern motions to withdraw a plea after VTC acceptance.
Court's wording
The plea agreement must provide that any motion to withdraw a plea after acceptance into VTC shall be governed by Florida Rule of Criminal Procedure 3.170(I), and Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)a-e.
Prior to presentation of the negotiated plea agreement to the Court, the parties shall notice the VJO (paula.ambroso@va.gov), Treatment Court Supervisor (fowens@alachuacounty.us), and the Specialty Court Manager (woodsb@circuit8.org) of the hearing date and time.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
In addition, a paper copy of all pre-marked exhibits, along with an Index of Exhibits from each side, shall be received by the Court via Certified US Mail no later than the deadline contained in your specific order, or five (5) business days prior to the hearing date.
Evidence or documents intended for a hearing must be pre-marked and copies served on all parties by certified U.S. mail at least ten business days before the hearing.
Court's wording
If you intend to present any evidence or documents to the court at your hearing, you must pre-mark all items for identification (ex. “Petitioner’s Exhibit A, B, C..”) and serve a copy via Certified US Mail to all parties no less than ten (10) business days prior to the hearing.
A motion for a person to appear remotely at an in-person hearing must be submitted at least seven business days before the hearing and state the opposing party’s position.
Court's wording
If a party requests that an individual, attorney, or witness be permitted to appear remotely at an in-person hearing, a motion for the individual to appear remotely must be submitted at least seven (7) business days prior to the hearing. The motion must state whether the opposing party agrees or objects to the requested remote appearance.
If a party or witness will provide testimony at the scheduled hearing, the Court must receive by email to wablekc@circuit8.org, a photograph copy of their driver’s license or photo ID no later than three (3) business days prior to the hearing.
Additionally, all proposed orders granting withdrawal shall be accompanied by the filing of an email designation form for the client or notice to the Court that an email designation has been previously filed.
All orders shall include a certificate of service at the bottom of the order.
- Document
- Order
Must include
- •Certificate of service
An emergency motion must be titled “Emergency Motion” and explain the emergency, the date a ruling is needed, and why it is needed by then.
Court's wording
A party requesting emergency action must include the words “Emergency Motion” in the title of the motion and must set forth in detail the nature of the emergency, the date by which a ruling is necessary, and the reason the ruling is needed by the stated date.
An expedited motion must include the words “Expedited Motion” in the title and must set forth in detail the date by which an expedited ruling is needed and the reason the ruling is needed by the stated date.
The notice of hearing shall include the full title of the motion and filing date, the length of the hearing, and shall advise if the hearing will be conducted in person or via Zoom.
All requests for hearing time must be in the form of a motion and properly filed with the clerk or they will not be accepted by the Court. No hearings will be set until the motion is filed and viewable on the clerk’s website.
A hearing-time email must include the motion and the listed case, party, hearing, and mediation information.
Court's wording
The email request must include a copy of the motion to be heard and the following information: (1) case number; (2) petitioner’s name and attorney (if represented); (3) respondent’s name and attorney (if represented); (4) length of hearing time requested; (5) title of the motion to be heard; (6) whether the hearing is evidentiary; (7) date mediation was conducted.
Pursuant to Florida Rules Procedure, all motions to withdraw or for substitution of counsel must contain the client’s signature/consent and specific reason(s) for the withdraw/substitution.
Once confirmation of the hearing date has been received by email from the judicial assistant, a notice of hearing shall be prepared by the moving party.
If the other side does not respond timely to a request for approval of a proposed order, the proposed order shall be emailed to the judicial assistant with the explanation that the time frame has lapsed and opposing counsel was unresponsive.
Please indicate the name of the party who is to receive the order, as well as that party’s e-mail/e-service address OR mailing address, if a hard copy is required.
Digital Exhibits that cannot be sent via US Mail (i.e., videos, flash drives, etc.) must be included on the exhibit list (and properly marked) and hand delivered directly to the opposing counsel or party no later than ten (10) business days prior to the hearing.
When submitting an order or final judgment directing a party to make payments to the State Disbursement Unit, please submit an income deduction order (with attached income withholding order if there is child support) to be entered simultaneously by the Court.
Please notify the Court at least 24 hours in advance of any cancellations, and a notice of cancellation should be emailed to the judicial assistant at the time the notice of cancellation is filed with the Clerk.
The subject line must contain the case number including the county code, case name, and relevant matter (e.g., 01-2024-CF-001234-A: State v. Doe – 2-Hour Hearing Requested).
All emergency motions must be verified.
All orders should be titled with the name of the motion, the date the hearing was held, and include a complete certificate of service.
- Document
- Order
Should include
- •Certificate of service
The emergency motion process should only be used in situations where a child is threatened with harm or where a party plans to improperly remove a child from the state.
The unwarranted designation of a motion as an emergency motion may result in sanctions.
Motions to withdraw filed after the case has been set for trial may not be granted, and all such orders shall include notice to the now pro se litigant of the date and time of the previously scheduled hearing or trial.
If one of these circumstances exists or another that rises to the level that would require immediate action to prevent harm, a party may file an emergency motion.
If the differences in the proposed Orders are so significant that a redline is not practical, the lawyers may submit two separate proposed orders.
A party whose time-sensitive motion does not qualify as an emergency motion but who nonetheless requires an expedited ruling by a date certain may file an expedited motion.
Filing & Service rules
Electronic Filing Rules
Proposed orders are not accepted through e-filing, while motions should continue to be e-filed with the Clerk’s Office.
Proposed Orders are not accepted via e-filing. Motions should continue to be e-filed with the Clerk’s Office.
Page 1 | Submission of Orders and Judgments — Proposed Orders
Evidence should not be filed with the Clerk.
Evidence should not be filed with the Clerk.
Page 1 | Exhibits for Evidentiary Proceedings
Filing Timing and Cure Windows
The required notice must be provided at least seven days before the scheduled plea date.
The notice shall be provided no later than 7 days prior to the scheduled plea date.
Criminal cases
Page 5 | IV. MISDEMEANOR/FELONY POST-ADJUDICATION PROGRAM
The photo ID must reach the Court no later than three business days before the hearing.
If a party or witness will provide testimony at the scheduled hearing, the Court must receive by email to wablekc@circuit8.org, a photograph copy of their driver’s license or photo ID no later than three (3) business days prior to the hearing.
Page 1 | Scheduling Procedures — ID Requirement
A motion for remote appearance must be submitted at least seven business days before the hearing.
If a party requests that an individual, attorney, or witness be permitted to appear remotely at an in-person hearing, a motion for the individual to appear remotely must be submitted at least seven (7) business days prior to the hearing.
Page 1 | Scheduling Procedures — Filing a Motion of Scheduling a Hearing
When directed to prepare an order at a hearing, counsel must email it to the Court within seven business days unless the Court sets another deadline at the hearing.
If the Court requests counsel to prepare an order at a hearing, counsel will prepare and submit the order to the Court via email within seven (7) business days unless a different deadline is set by the Court at the hearing.
Page 1 | Submission of Orders and Judgments — Orders
Non-exhibit documents for the Court’s review must reach the Court and opposing party at least three business days before the hearing or trial.
All other non-exhibit documents that a party wishes the Court to review must be provided to the Court and the opposing party by email to wablekc@circuit8.org at least three (3) business days prior to the hearing or trial.
Page 1 | Case Law
An email pointing out an error does not toll the deadline for rehearing or reconsideration.
While an email may suffice in the correction of scrivener’s errors, please remember that emails pointing out errors do not toll the time for rehearing or reconsideration under the Rules.
Page 1 | Motions for Re-hearing/Reconsideration
If the Court does not receive cancellation notice at least 24 hours before the hearing, the hearing remains on the docket and the parties must appear.
If the notice of cancellation is not received at least 24 hours prior to the scheduled hearing, that hearing will remain on the docket and parties are expected to appear.
Page 1 | Scheduling Procedures — Cancelling Hearings
Service and Proof of Service Rules
Upon filing a motion or referral, the moving or referring party must notify opposing counsel, the VJO, the Treatment Court Supervisor, and the Specialty Courts Manager.
The moving or referring party shall notice opposing counsel as well as the VJO (paula.ambroso@va.gov), Treatment Court Supervisor (fowens@alachuacounty.us), and the Specialty Courts Manager (woodsb@circuit8.org) upon filing the motion or referral so that the eligibility review can begin immediately.
Criminal cases
Page 4 | III. MISDEMEANOR VTC PRETRIAL INTERVENTION/FELONY VTC PRETRIAL INTERVENTION
Digital exhibits that cannot be mailed must be hand-delivered to opposing counsel or the party at least ten business days before the hearing.
Digital Exhibits that cannot be sent via US Mail (i.e., videos, flash drives, etc.) must be included on the exhibit list (and properly marked) and hand delivered directly to the opposing counsel or party no later than ten (10) business days prior to the hearing.
Page 1 | Exhibits for Evidentiary Proceedings
Copies of pre-marked hearing evidence must be served on all parties by certified U.S. mail at least ten business days before the hearing.
If you intend to present any evidence or documents to the court at your hearing, you must pre-mark all items for identification (ex. “Petitioner’s Exhibit A, B, C..”) and serve a copy via Certified US Mail to all parties no less than ten (10) business days prior to the hearing.
Page 1 | Exhibits for Evidentiary Proceedings
The receiving party must ensure the obligor’s employer receives a copy of the withholding order as required by statute.
It is the responsibility of the receiving party to ensure the obligor’s employer receives a copy of the withholding order pursuant to statute.
Page 1 | Submission of Orders and Judgments — Support or Income Withholding Orders
Counsel must provide a proposed order to opposing counsel or the self-represented litigant for approval before submitting it to the Court.
Counsel shall provide the proposed order to opposing counsel/pro se litigant for approval before submitting it to the Court.
Page 1 | Submission of Orders and Judgments — Orders
A copy of a written comment or request filed with the Clerk’s Office must be served on all other parties.
If you have a comment or request to make, please file it in writing with the Clerk’s Office and serve a copy on all other parties.
Page 1 | Ex Parte Communications
Paper exhibit copies and each side’s index must reach the Court by certified U.S. mail by the specific-order deadline or five business days before the hearing.
In addition, a paper copy of all pre-marked exhibits, along with an Index of Exhibits from each side, shall be received by the Court via Certified US Mail no later than the deadline contained in your specific order, or five (5) business days prior to the hearing date.
Page 1 | Exhibits for Evidentiary Proceedings
Cases to be relied on at a hearing or trial should be provided to opposing counsel and the Court at least three business days beforehand.
Cases being relied upon by the parties at a hearing or trial should be provided to opposing counsel and the Court no later than three (3) business days prior to the hearing.
Page 1 | Case Law
Chambers Communication Rules
The moving or referring party must arrange for the matter to be placed on the next appropriate VTC docket by contacting the Specialty Courts Manager.
The moving or referring party shall set the matter on the next appropriate VTC docket by contacting the Specialty Courts Manager.
Criminal cases
Page 4 | III. MISDEMEANOR VTC PRETRIAL INTERVENTION/FELONY VTC PRETRIAL INTERVENTION
Do not call or email the Court to speak with a judge about a case.
Please do not call or email the Court expecting to speak with a Judge about any case.
Page 1 | Ex Parte Communications
Please notify the Court at least 24 hours in advance of any cancellations, and a notice of cancellation should be emailed to the judicial assistant at the time the notice of cancellation is filed with the Clerk.
Please notify the Court at least 24 hours in advance of any cancellations, and a notice of cancellation should be emailed to the judicial assistant at the time the notice of cancellation is filed with the Clerk.
Page 1 | Scheduling Procedures — Cancelling Hearings
When filing a motion for rehearing or reconsideration, email a copy to the Court for review.
Upon filing said motion, email a copy Court for review.
Page 1 | Motions for Re-hearing/Reconsideration
Request hearing time from the judicial assistant by email, include pro se litigants and counsel of record, and do not seek to set hearings by phone.
To obtain a hearing time, contact the judicial assistant by email at wablekc@circuit8.org. Hearings will not be set over the phone. Pro se litigants and counsel of record must be included in emails to the judicial assistant.
Page 1 | Scheduling Procedures — Filing a Motion of Scheduling a Hearing
Communications to the judicial office must be sent by email to the stated address.
All communications to the judicial office must be submitted by e-mail to Wablekc@circuit8.org.
Page 1 | Communications with the Judicial Office
Attorneys and self-represented litigants must provide an email address for receiving signed orders electronically unless excused.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 1 | E-Filing Portal Contact Information
Comments or requests must be filed in writing with the Clerk’s Office and served on all other parties.
If you have a comment or request to make, please file it in writing with the Clerk’s Office and serve a copy on all other parties.
Page 1 | Ex Parte Communications
Proposed orders must be emailed to the stated address in Word format.
Proposed Orders shall be emailed to wablekc@circuit8.org in Word format.
Page 1 | Submission of Orders and Judgments — Proposed Orders
If both parties are represented and cannot agree on an order’s form, counsel must email one proposed order with the differences redlined to the judicial assistant.
If the parties cannot agree on the form of the order and both parties are represented, the lawyers shall email one proposed order with their difference redlined to the judicial assistant.
Page 1 | Submission of Orders and Judgments — Orders
An agreed proposed order must be emailed to the Court with an indication that the parties agreed to it.
Once it has been agreed upon, the order shall be emailed to the Court and advising that the order has been agreed upon.
Page 1 | Submission of Orders and Judgments — Orders
If either party is unrepresented, each side must email its proposed order to the judicial assistant for review.
If one or both parties are unrepresented, then each side shall email their proposed order to the judicial assistant for the Court to review.
Page 1 | Submission of Orders and Judgments — Orders
Emergency motions must be emailed to the judicial assistant for the Court’s review.
Emergency motions must be e-mailed to the judicial assistant for the Court’s review.
Page 1 | Emergency and Other Urgent Matters
Non-exhibit documents for the Court’s review must be emailed to the Court and opposing party at least three business days before the hearing or trial.
All other non-exhibit documents that a party wishes the Court to review must be provided to the Court and the opposing party by email to wablekc@circuit8.org at least three (3) business days prior to the hearing or trial.
Page 1 | Case Law
The Court considers only arguments made in court or in documents filed by actual parties, and cannot consider other opinions or arguments about the case.
Please keep in mind that the Court is only allowed to consider arguments made in court and documents filed by actual parties to the case. They cannot ethically read or consider any other opinions or arguments about the case, and they cannot give legal advice.
Page 1 | Judge Phillip A. Pena
Do not call the Court expecting to speak with a Judge about a case.
Please do not call the Court expecting to speak with a Judge about any case.
Page 1 | Judge Phillip A. Pena
The Court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the Court.
Page 1 | Unsolicited Communications
Do not send proposed orders, motions, or supporting documents to the Court by United States Mail.
Please do not send Proposed Orders, Motions, or supporting documentation by United States Mail.
Page 1 | Submission of Orders and Judgments — Proposed Orders
Mail comments to the Clerk’s Office in the appropriate county.
If you have a comment to make, please mail it to the Clerk’s Office in the appropriate county.
Page 1 | Judge Phillip A. Pena