Judge Barbara Kissner-Kwatkosky
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
All filings
- 1 copy • Email • Upon Filing
Adjournments
Court-wideRequest must include
Communication
Chambers
Phone
Chambers
Document Format Requirements3 rules
Proposed orders must be submitted by email as Microsoft Word .docx files.
All proposed orders must be submitted in Microsoft Word format (.docx) via email
DOCX
Proposed-order dates and signatures must use the designated ICMS codes: DDDD, JJJJ, MMMM, or AAAA.
Please note: There is a specialized date and signature block code to use when submitting proposed orders. Signatures and signature dates are applied through the Integrated Case Management System (ICMS) using unique codes. Here is a list of specialized code recognized by ICMS in the processing of digital orders: DDDD Signature date of Judge JJJJ Judge’s signature MMMM Signature date of Judicial Assistant AAAA Judicial Assistant’s signature
The JJJJ and AAAA signature codes must be right-justified in proposed orders.
The signature codes (JJJJ and AAAA) must be right-justified in the document.
Document Filing Requirements9 rules
Every proposed order must include a Rule 2.516 certificate of service for all parties.
All proposed orders shall include a certificate of service on all parties in compliance with Florida Rule of General Practice and Judicial Administration 2.516.
Document Type
Proposed Order
A proposed order's caption must identify the Fifth Judicial Circuit and Marion County.
Please double-check your proposed orders to ensure the caption includes the correct circuit (Fifth Judicial Circuit) and county (Marion County).
Document Type
Proposed Order
The proposed-order email must identify the case name and number and state whether opposing counsel was consulted and whether the parties agreed.
The email must include case name, case number, whether opposing counsel was consulted and whether there is or is not an agreement.
Document Type
Proposed Order Email Submission
The proposed-order certificate of service must list all parties and their contact information.
All parties shall then be listed with contact information.
Document Type
Certificate Of Service
A hearing request must state the amount of time needed.
You must include the amount of time needed: ex. Negotiated Change of Plea: 10 minutes; Motion to Suppress: 1 hour (or however long is needed).
Document Type
Hearing Request
A hearing request must include the case number.
You MUST include CASE NUMBER
Document Type
Hearing Request
After the office confirms the hearing date and time, the requesting party must file a Notice of Hearing.
Once date/time is confirmed by our office, party requesting hearing shall file Notice of Hearing.
Document Type
Notice Of Hearing
When the client is incarcerated, the hearing request must state whether the defendant should be transported or may appear by video link.
If your client is incarcerated, you must include whether you want the Defendant TRANSPORTED or whether he/she can appear by video link.
Document Type
Hearing Request
A hearing request must identify opposing counsel.
You MUST include opposing counsel
Document Type
Hearing Request
Filing & Service rules
Electronic Filing Rules
Proposed orders may not be sent as paper orders or through the court e-Portal and instead must be emailed.
Please do not send paper orders. Please do not send orders through the e-Portal.
Page 1 | FORMAT
Criminal pro se motions, including probation-modification or termination motions, must be filed with the Criminal Division Clerk with copies to the State Attorney and judge's office and cannot be submitted by email.
Pro se motions must be filed with the Clerk of Circuit Court, Criminal Division, with copies to the State Attorney and the Judge’s office. Pro se motions will not be accepted via e- mail. This includes motions to modify or terminate probation.
Page 1 | PRO SE MOTIONS
Service and Proof of Service Rules
The certificate of service must use language substantially similar to the quoted certification of service by electronic service and/or regular U.S. mail.
The certificate of service shall contain language substantially similar to the following: “I hereby certify that a true and correct copy of the foregoing has been provided through electronic service and/or regular U.S. mail to the following parties.”
Page 1 | CERTIFICATE OF SERVICE
Courtesy Copy Requirements
After filing the motion, counsel should email a courtesy copy of the motion and proposed order to Judge Kissner at the stated address.
Once the Motion has been filed with the Clerk of Court, a courtesy copy of the motion should be e-mailed with the proposed order to zvargas@circuit5.org.
Page 1 | INSTRUCTIONS FOR SUBMITTING PROPOSED ORDERS TO JUDGE KISSNER
Chambers Communication Rules
Members of the public must not call chambers expecting to discuss a pending case with a judge; only arguments presented in court or in properly filed documents may be considered, and other communications cannot be forwarded to the judges.
*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case. The Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court. The Court cannot ethically read or consider any other opinions or arguments about the case. Communications that do not meet these legal requirements cannot be forwarded to the Judges.
Page 1 | Office Information
Hearing requests must be emailed to Judge Kissner’s Office at zvargas@circuit5.org.
Please EMAIL Judge Kissner’s Office: zvargas@circuit5.org
Page 1 | REQUESTING A HEARING