Judge Brian Welke
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Notice Of Motion
Adjournments
Court-wideRequest must include
Communication
Phone
Chambers
Chambers
Document Format Requirements4 rules
Criminal proposed orders may be emailed to the judicial assistant but must be submitted in only one delivery format, not by both email and mail or hand delivery.
Proposed Orders may be emailed to the Judicial Assistant. The email address for submission of proposed orders is sturner@circuit5.org. Do NOT send orders via email AND U.S. Mail/Hand delivery. This creates double work. Please submit orders in one format only.
A probate proposed-order cover letter and the listed submission documents must be mailed directly to the assigned judge's office.
Cover letters must be mailed directly to the assigned Judge’s office along with the following:
A civil proposed order must be submitted through only one delivery method, not both email and U.S. mail.
Do NOT send orders via email AND U.S. Mail. This creates double work. Please submit orders in one format only.
An emailed civil proposed order must be in Word format and accompanied by a proper cover letter in PDF format.
All proposed Orders submitted via email, must be submitted in WORD format, accompanied by a proper cover letter, in PDF format.
DOCX
Document Filing Requirements8 rules
The proposed-order certificate of service must state that the document was electronically filed and served that day through the Florida Courts E-Filing Portal.
I HEREBY CERTIFY that on this ____ day of _____________, 20__, I electronically filed the foregoing document with the Clerk of Court using the Florida Courts E-Filing Portal. I also certify that the foregoing document is being served this day on all counsel of record and interested parties, via transmission generated by the Florida Courts E-Filing Portal.
Document Type
Proposed Order
A civil proposed order must be ready for immediate entry, and opposing counsel or the party should approve it before submission.
We DO NOT ACCEPT Orders via email that are not ready for immediate entry (i.e. allow 5 days to object, etc.). You should obtain approval of opposing counsel or party of the proposed Order prior to your submission to the Judge for entry.
Document Type
Proposed Order
When self-represented parties or parties not served through the e-filing portal are involved, the proposed order must require first-class mailed delivery within five days after e-service and filing of an attorney-signed certificate of delivery.
It is further ORDERED that within 5 days from the date of e-service of this Order, the attorney submitting this Order shall furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order has been made as set forth herein.
Document Type
Proposed Order
A civil proposed order must be submitted with a cover letter explaining its basis and disclosing any objections.
Proposed Orders must be submitted with a cover letter setting forth the purpose of the Order, i.e. pursuant to hearing/settlement agreement/etc., as well as a statement informing the Court as to any objections to the contents of the proposed Order.
Document Type
Proposed Order
A probate proposed-order submission must include a portal-stamped copy of the motion or petition.
A Portal Stamped Submission Copy of the Motion or Petition
Document Type
Proposed Order Submission
The case number must appear in the filenames of both the proposed order and its cover letter.
The case number must be included in the name of the proposed Order and cover letter (ie. 2015 CA 000001.Order and 2015 CA 00001.letter.)
Document Type
Proposed Order
A probate submission must include a portal-stamped copy of the completed applicable checklist.
A Portal Stamped Submission Copy of the completed corresponding Checklist
Document Type
Proposed Order Submission
A probate proposed-order submission must include the proposed order and a certificate of service.
Proposed Order with a certificate of service
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Original wills and death certificates must be sent directly to the clerk of court.
Please DO send Original Wills and/or Death Certificates directly to the Clerk of Court.
Page 1 | Probate Procedures
A civil emergency motion must be filed with the clerk, with supporting documents and a cover letter copied by email to the judge's office.
Emergency motions must be filed with the clerk, and copies emailed to sturner@circuit5.org, along with any related supporting documents, and cover letter.
Page 1 | Emergency Filings
Probate proposed orders must not be sent to the clerk.
Please DO NOT send proposed orders to the Clerk.
Page 1 | Probate Procedures
Probate proposed orders must be sent to the judicial assistant by U.S. mail; email submissions are not accepted.
Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).
Page 1 | Probate Procedures
Probate proposed orders may not be e-filed through the e-portal because the clerk will reject them.
Please DO NOT attempt to e-file proposed orders through the e-portal (they will be rejected by the Clerk).
Page 1 | Probate Procedures
Civil proposed orders may be submitted by email.
All orders may be submitted through email.
Page 1 | Proposed Orders
Filing Timing and Cure Windows
Hearings ordinarily require at least five business days' notice, unless all parties agree otherwise.
All hearings require a minimum of five business days’ notice unless all parties agree otherwise.
Page 1 | General Information
The clerk has three business days to accept an order e-filed from the judge's office.
The Clerk’s office has 3 business days to accept the e-filing of an order, from the Judge’s office.
Page 1 | Probate Procedures
Service and Proof of Service Rules
Any communication intended for judicial consideration must be filed through the clerk and copied to all interested parties.
Any and all communication that a person desires to have considered by the Court must be filed with the Clerk of the Court for docketing into the Court file, and copies must be provided to all interested parties.
Page 1 | Emailing the Judicial Assistant
After filing a civil notice for trial with the clerk, a copy should be emailed to the judicial assistant.
Once a Notice for Trial is filed with the Clerk, a copy should be emailed to the Judicial Assistant, sturner@circuit5.org.
Page 1 | Notices for Trial
Filing Fees and Waivers
All payments must be submitted directly to the clerk of courts and not to the judge's office.
Please DO NOT send ANY form of payment to the Judges office – ALL payments should be submitted to the Clerk of Courts directly.
Page 1 | Probate Procedures
Courtesy Copy Requirements
A courtesy copy of a civil notice of hearing need not be sent to the judge's office when the notice is electronically filed.
It is not necessary for you to send a courtesy copy of the Notice of Hearing to this office. The electronic filing of the Notice is sufficient.
Page 1 | Scheduling a Hearing
Pre-Motion Conference Requirements
Attorneys must attempt to resolve a discovery dispute without court intervention before filing a discovery motion.
Prior to filing a motion regarding a discovery dispute, the court expects the attorneys to attempt to resolve the issue(s) without the court’s intervention.
Page 1 | Discovery Motions
Chambers Communication Rules
Members of the public may not call the court to discuss a pending case with a judge.
*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.
Page 1 | General Procedures
Additional motions may not be cross-noticed for an existing hearing without court approval and coordination through the judge's office.
Cross-notice of a hearing without the Court’s approval is not permitted. Before requesting the setting of an additional motion(s) at a previously scheduled hearing, the attorneys must contact our office so the Court can determine if sufficient time is available to have the additional motion(s) heard. Your motion will not be heard if the hearing is not coordinated through the judge’s office.
Page 1 | Scheduling a Hearing
After emailing a civil emergency motion, counsel must telephone the judge's office because the email is not continuously monitored.
YOU MUST ALSO CALL the Judge’s office to inform them of the emergency motion after submission via email, as the email is not constantly monitored.
Page 1 | Emergency Filings
When a hearing will be cancelled, the filing party must immediately notify the judge's office by telephone or email after filing the cancellation notice.
In addition to filing your notice of cancellation, immediately notify the judge’s office by telephone and/or email when a hearing is to be cancelled.
Page 1 | Cancelling Hearings/Trials
Email to the judicial assistant is limited to hearing scheduling, proposed-order submission, and other court-related functions and inquiries.
An email to the Judicial Assistant should be strictly for the purposes of scheduling a hearing, submission of proposed orders, or other court related functions and inquiries.
Page 1 | Emailing the Judicial Assistant
A party running late should call the judge's office to report the delay, although accommodation is not guaranteed.
If you are running late for court, please call the judge’s office to inform of your tardiness. There is no guarantee the judge will be able to accommodate you.
Page 1 | General Procedures