Court Rules

Limits & Logistics

Courtesy Copies

Chambers Copy

  • Email

Courtesy copies

  • No Later Than Three Business Days Before Hearing or Trial

Adjournments

  • Continuances are disfavored and require good cause; lack of due diligence is insufficient, successive requests are strongly disfavored, and the motion generally must be signed by the requesting party and state opposing counsel’s position.

Request must include

Adversary Position

Communication

Email

Chambers

cheryl.newsom@flcourts1.gov
SchedulingEmergencies
Filters:

Document Format Requirements4 rules

Formatting

All proposed orders must be submitted in Word format

Applies to
  • Proposed order

Formatting

  • Submit in Word format
Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments
Formatting

The State (in criminal cases) or the Plaintiff (in civil cases) shall use numbers, and the Defense shall use letters.

Fl First:30866795a4bab9f47db5d33e
|SectionG. Exhibits for Evidentiary Proceedings
Formatting

Courtesy copies must be submitted in PDF/a format.

File type
PDF/A
Fl First:30866795a4bab9f47db5d33e
|SectionE. Courtesy Copies of Case Law and Other Documents
Formatting

Proposed orders must include “DONE AND ORDERED.”, leave space for the Judge’s e-signature, and omit the date because it is added automatically.

Applies to
  • Proposed order

Formatting

  • Write “DONE AND ORDERED.”
  • Do not write the date

Court's wording

Please write “DONE AND ORDERED.” with sufficient space below for the Judge’s e-signature (five single spaced lines works best). Please do not write the date that it is done and ordered; the date will be automatically included in the e-signature.

Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments

Document Filing Requirements14 rules

Filing Requirements

Criminal evidentiary exhibits must be presented at the hearing, but a physical exhibit may be sent to the judicial assistant for in-chambers review if both sides stipulate to pre-hearing consideration.

Court's wording

Exhibits for criminal evidentiary proceedings must be presented during the hearing.However, if both the State and Defense stipulate to the Court considering certain evidence prior to the hearing (such as a forensic interview for a Child Hearsay hearing), the physical exhibit may be sent to the judicial assistant for the judge to review in chambers.

Fl First:30866795a4bab9f47db5d33e
|SectionG. Exhibits for Evidentiary Proceedings
Filing Requirements

Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

Fl First:30866795a4bab9f47db5d33e
|SectionH. Pretrial Procedures and Conferences
Filing Requirements

Proposed Orders must include the names AND e-mail addresses of all parties who need to receive e-service of the Court’s Order.

Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments
Filing Requirements

In civil cases, exhibits for evidentiary hearings must be filed in the court file, and PDF courtesy copies for the Court are helpful.

Fl First:30866795a4bab9f47db5d33e
|SectionG. Exhibits for Evidentiary Proceedings
Filing Requirements

In civil cases involving an unrepresented party, proposed orders must include the stated language assigning the sole attorney responsibility to serve the order on qualifying pro se parties within five business days.

Court's wording

Pursuant to SRCAD2019-03, all proposed Orders in civil cases must include the following language at the end of the order, after the signature line: In cases wherein one party is unrepresented (pro se), it is the responsibility of the sole attorney in the case to serve within five business days this [Order or Judgment] upon any pro se party who does not have access to and is not a registered user of the Florida Courts e-Filing Portal.

Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments
Filing Requirements

Please label the proposed Order being submitted with the case name and title of the Order, not just “Order.”

Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments
Filing Requirements

When proposed Orders are submitted regarding Motions to Continue, the proposed Order must include the new date for which the case is being scheduled.

Fl First:30866795a4bab9f47db5d33e
|SectionB. Scheduling Procedures
Filing Requirements

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

Court's wording

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments
Filing Requirements

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

Fl First:30866795a4bab9f47db5d33e
|SectionA. Communications with the Judicial Office
Filing Requirements

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.

Fl First:30866795a4bab9f47db5d33e
|SectionA. Communications with the Judicial Office
Filing Requirements

Requests to use communication technology for an appearance in criminal cases must be made by motion.

Fl First:30866795a4bab9f47db5d33e
|SectionC. Remote Appearance
Filing Requirements

If all parties stipulate to the Motion and/or Order (and therefore a hearing is not required), please write in the proposed Order that the parties have stipulated to entry of the Order.

Fl First:30866795a4bab9f47db5d33e
|SectionD. Submission of Orders and Judgments
Filing Requirements

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Fl First:30866795a4bab9f47db5d33e
|SectionF. Emergency and Other Urgent Matters
Filing Requirements

A Notice of Hearing must state the hearing date, time, and type, include the Judge’s Zoom credentials for remote appearances, and contain the required ADA notification.

Court's wording

The Notice of Hearing shall advise the Court and all parties of the date, time, and type of hearing. A notice of hearing involving any remote appearance must list the Judge’s Zoom credentials. All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Fl First:30866795a4bab9f47db5d33e
|SectionB. Scheduling Procedures

Filing & Service rules

Electronic Filing Rules

Submit proposed orders through the proposed-order portion of the Florida Courts E-Filing Portal.

All proposed orders must be submitted to the Court by the proposed order portion of the Florida Courts E-Filing Portal.

Page 1 | D. Submission of Orders and Judgments

Materials submitted for the Judge’s consideration before a hearing may be emailed or e-filed.

Any memoranda, case law, or other documents that parties wish for the Judge to consider prior to a hearing should be emailed or e-filed at least three business days before the hearing.

Page 1 | B. Scheduling Procedures

Filing Timing and Cure Windows

Immediately after the hearing time is confirmed, file and serve a Notice of Hearing.

Once the hearing time has been confirmed, a Notice of Hearing must immediately be filed and served.

Page 1 | B. Scheduling Procedures

Submit electronic exhibits in civil cases three business days before the evidentiary proceeding.

In civil cases, electronic exhibits must be submitted three business days before the evidentiary proceeding.

Page 1 | G. Exhibits for Evidentiary Proceedings

Submit proposed orders within three business days after the court proceeding.

Proposed orders must be submitted within three business days after the court proceeding.

Page 1 | D. Submission of Orders and Judgments

Materials submitted for the Judge’s consideration before a hearing should be emailed or e-filed at least three business days before the hearing.

Any memoranda, case law, or other documents that parties wish for the Judge to consider prior to a hearing should be emailed or e-filed at least three business days before the hearing.

Page 1 | B. Scheduling Procedures

A proposed final judgment of foreclosure may be submitted through the e-filing portal before the foreclosure hearing.

Proposed Final Judgments of Foreclosure may be submitted through the e-filing portal prior to the foreclosure hearing.

Page 1 | D. Submission of Orders and Judgments

Service and Proof of Service Rules

Immediately after the hearing time is confirmed, serve the Notice of Hearing.

Once the hearing time has been confirmed, a Notice of Hearing must immediately be filed and served.

Page 1 | B. Scheduling Procedures

The sole attorney must serve the order or judgment on a qualifying pro se party within five business days.

In cases wherein one party is unrepresented (pro se), it is the responsibility of the sole attorney in the case to serve within five business days this [Order or Judgment] upon any pro se party who does not have access to and is not a registered user of the Florida Courts e-Filing Portal.

Page 1 | D. Submission of Orders and Judgments

Proposed orders must be provided to opposing counsel and any self-represented litigant.

All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.

Page 1 | D. Submission of Orders and Judgments

Courtesy Copy Requirements

Submit courtesy copies no later than three business days before a hearing or trial.

Courtesy copies must be submitted to the Court no later than three business days before any hearing or trial.

Page 1 | E. Courtesy Copies of Case Law and Other Documents

Submit courtesy copies to the Court by email at the stated address.

Courtesy copies must be submitted to the Court by e-mail to cheryl.newsom@flcourts1.gov.

Page 1 | E. Courtesy Copies of Case Law and Other Documents

Courtesy copies are not required, though copies of motions and exhibits may be helpful in civil cases.

The Court does not require the submission of courtesy copies.However, courtesy copies of motions and exhibits can be helpful in civil cases.

Page 1 | E. Courtesy Copies of Case Law and Other Documents

Adjournment & Extension Requirements

Continuances are disfavored and require good cause; lack of due diligence is insufficient, successive requests are strongly disfavored, and the motion generally must be signed by the requesting party and state opposing counsel’s position.

Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e). The motion must indicate whether opposing counsel objects to the continuance.

Page 1 | B. Scheduling Procedures

Chambers Communication Rules

Request hearings by emailing the judicial assistant and include the case number, party and attorney names, hearing type and length, and any additional relevant information.

Hearings must be requested by contacting the judicial assistant at cheryl.newsom@flcourts1.gov. In your email, please provide the following information: Case Number Party Names Attorney Names Type of Hearing Length requested for hearing Any additional information (e.g. hearing needed before or after a particular date, emergency filing, etc.)

Page 1 | B. Scheduling Procedures

Communications to the judicial office must be emailed to the stated address with the case number, case name, and relevant matter in the subject line.

Method of Communication: All communications to the judicial office must be submitted by e-mail to cheryl.newsom@flcourts1.gov. The subject line must contain the case number, case name, and relevant matter (e.g., 25CF1234 – State v. John Doe – Hearing Requested for Motion to Suppress.)

Page 1 | A. Communications with the Judicial Office

Immediately email the judicial assistant when a hearing is no longer necessary.

Upon determining that a hearing is no longer necessary, please immediately notify the judicial assistant via email at cheryl.newsom@flcourts1.gov.

Page 1 | B. Scheduling Procedures

Counsel must email the judicial assistant about emergency matters and include “EMERGENCY” in the subject line.

Counsel must notify the judicial assistant at cheryl.newsom@flcourts1.gov regarding any emergency matters. The subject line of the e-mail must contain the word EMERGENCY.

Page 1 | F. Emergency and Other Urgent Matters

Emails to the judicial office must copy all parties unless an ex parte communication is authorized by law.

All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

Page 1 | A. Communications with the Judicial Office

Communications concerning a pending or impending proceeding must comply with Canon 3, including its prohibition on unauthorized ex parte communications.

Ex parte Communications: All communications with the judicial office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law.

Page 1 | A. Communications with the Judicial Office

Parties may contact the judicial office only as these procedures allow, and the Court will not consider unsolicited communications from non-parties.

Unsolicited Communications: Parties may only contact the judicial office in accordance with these practices and procedures. Unsolicited communications from non-parties will not be considered by the Court.

Page 1 | A. Communications with the Judicial Office

Attorneys delayed by other court appearances or unforeseen circumstances should notify the judicial assistant.

Attorneys who are delayed due to other court appearances or unforeseen circumstances should notify the judicial assistant.

Page 1 | K. Other Division Procedures

After receiving available dates, coordinate with opposing counsel, preferably agree on several potential dates, and email the agreed dates to Ms. Newsom for confirmation.

Once Ms. Newsom provides available dates, coordinate with opposing counsel to select dates that work for all parties. It is recommended that the parties agree on several potential dates in case one of the dates is no longer available by the time the hearing is confirmed. Once the parties have agreed on the potential date(s), please inform Ms. Newsom via email, and she will reply confirming that the time slot is still available and finalizing the hearing being set.

Page 1 | B. Scheduling Procedures

Contact the judicial assistant by email to request template orders.

Please contact the judicial assistant at cheryl.newsom@flcourts1.gov for template orders.

Page 1 | J. Forms

For criminal Division A and B schedules, contact the judicial assistant by email.

For criminal cases, please email the judicial assistant at cheryl.newsom@flcourts1.gov for Judge Drake’s schedules for Divisions A and B.

Page 1 | B. Scheduling Procedures

The judicial assistant cannot provide legal advice.

The judicial assistant is not authorized to provide legal advice.

Page 1 | A. Communications with the Judicial Office

Court-wide rules

Applies court-wide

These 2 rules apply across First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Pre-Motion Conferences

All 2
  • The first sample certificate attests that counsel with authority to resolve the matter conferred in person or by telephone in good faith before the motion was noticed for hearing.

  • The second sample certificate attests that counsel made three good-faith attempts to contact opposing counsel to discuss resolving the motion without a hearing but could not speak with them.

Common questions about Judge Clifton A. Drake's rules

Are courtesy copies required for Judge Clifton A. Drake?

Courtesy-copy rule applies for chambers copys. Details: by email. Submit courtesy copies to the Court by email at the stated address.

View ruleSource: page 1, section E. Courtesy Copies of Case Law and Other Documents

What formatting rules apply to filings before Judge Clifton A. Drake?

Judge Clifton A. Drake's formatting rule includes submit in word format.. Proposed orders must be submitted in Word format.

View ruleSource: page 1, section D. Submission of Orders and Judgments

What must be included with e service contact information filings before Judge Clifton A. Drake?

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

View ruleSource: page 1, section A. Communications with the Judicial Office

What must be included with form 2.603 filings before Judge Clifton A. Drake?

Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered electronic-service email changes.

View ruleSource: page 1, section A. Communications with the Judicial Office

How may parties contact Judge Clifton A. Drake's chambers?

The rule lists email cheryl.newsom@flcourts1.gov. Communications to the judicial office must be emailed to the stated address with the case number, case name, and relevant matter in the subject line.

View ruleSource: page 1, section A. Communications with the Judicial Office

How do I request an adjournment or extension before Judge Clifton A. Drake?

The request must include adversary position. Continuances are disfavored and require good cause; lack of due diligence is insufficient, successive requests are strongly disfavored, and the motion generally must be signed by the requesting party and state opposing counsel’s position.

View ruleSource: page 1, section B. Scheduling Procedures

Is electronic filing required before Judge Clifton A. Drake?

Yes. Electronic filing is required for the covered filings. Submit proposed orders through the proposed-order portion of the Florida Courts E-Filing Portal.

View ruleSource: page 1, section D. Submission of Orders and Judgments

What filing deadlines does Judge Clifton A. Drake set?

Immediately after the hearing time is confirmed, file and serve a Notice of Hearing.

View ruleSource: page 1, section B. Scheduling Procedures

What rule applies to service for notice of hearing before Judge Clifton A. Drake?

Immediately after the hearing time is confirmed, serve the Notice of Hearing.

View ruleSource: page 1, section B. Scheduling Procedures
Complete rules summary for Judge Clifton A. Drake

Submit courtesy copies to the Court by email at the stated address.

Communications to the judicial office must be emailed to the stated address with the case number, case name, and relevant matter in the subject line.

Communications concerning a pending or impending proceeding must comply with Canon 3, including its prohibition on unauthorized ex parte communications.

Emails to the judicial office must copy all parties unless an ex parte communication is authorized by law.

Parties may contact the judicial office only as these procedures allow, and the Court will not consider unsolicited communications from non-parties.

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered electronic-service email changes.

A Notice of Hearing must state the hearing date, time, and type, include the Judge’s Zoom credentials for remote appearances, and contain the required ADA notification.

The judicial assistant cannot provide legal advice.

For criminal Division A and B schedules, contact the judicial assistant by email.

Request hearings by emailing the judicial assistant and include the case number, party and attorney names, hearing type and length, and any additional relevant information.

After receiving available dates, coordinate with opposing counsel, preferably agree on several potential dates, and email the agreed dates to Ms. Newsom for confirmation.

Immediately after the hearing time is confirmed, file and serve a Notice of Hearing.

Immediately after the hearing time is confirmed, serve the Notice of Hearing.

Materials submitted for the Judge’s consideration before a hearing should be emailed or e-filed at least three business days before the hearing.

Materials submitted for the Judge’s consideration before a hearing may be emailed or e-filed.

Continuances are disfavored and require good cause; lack of due diligence is insufficient, successive requests are strongly disfavored, and the motion generally must be signed by the requesting party and state opposing counsel’s position.

A proposed order submitted with a motion to continue must state the new date for which the case is scheduled.

Immediately email the judicial assistant when a hearing is no longer necessary.

A request to appear by communication technology in a criminal case must be made by motion.

Proposed orders must be submitted in Word format.

Proposed orders must be provided to opposing counsel and any self-represented litigant.

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

Proposed orders must list the names and email addresses of all parties who need electronic service of the Court’s order.

Submit proposed orders through the proposed-order portion of the Florida Courts E-Filing Portal.

Label each submitted proposed order with the case name and order title, not merely “Order.”

Submit proposed orders within three business days after the court proceeding.

When all parties stipulate to the motion or order and no hearing is required, the proposed order must state that the parties stipulated to its entry.

A proposed final judgment of foreclosure may be submitted through the e-filing portal before the foreclosure hearing.

In civil cases involving an unrepresented party, proposed orders must include the stated language assigning the sole attorney responsibility to serve the order on qualifying pro se parties within five business days.

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