Court Rules

Limits & Logistics

Courtesy Copies

Exhibits

  • Prior to Hearing

Filed Pleading, Filed Correspondence

  • Email

Memorandum, Case Law, Other Document

  • Prior to Hearing

Adjournments

  • Motions to continue and proposed orders on those motions for Docket Days and Mini Docket Days must state the opposing attorney’s position.
  • For an unopposed motion to continue, the Court will not sign the continuance order without written confirmation from opposing counsel or the opposing party that there is no objection.
  • An email from opposing counsel is sufficient written confirmation of no objection to a continuance.

Request must include

Adversary Position

Communication

Email

Chambers

susy.carlson@flcourts1.gov
Scheduling
Email
trinidad.serranobennitt@flcourts1.gov
Phone

Chambers

850-595-4351
Phone
(850) 595-4533
Filters:

Document Format Requirements3 rules

FormattingMandatory

Administrative Order 2015-32 requires that all notices of court proceedings include the following ADA notice (in Times New Roman or Courier, 14-point bold font):

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|SectionK. Other Division Procedures
FormattingMandatory

All proposed Orders should be submitted in Word format pursuant to Administrative Order ECAD 2021-03.

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|SectionD. Submission of Orders and Judgments
FormattingImportant

Please follow this example for the signature line: DONE AND ORDERED at Pensacola, Escambia County, Florida. with sufficient space below for the Judge's e-signature (at least five single spaced lines work best).

Fl First:ac45b086c98197361b11ce7b
|SectionD. Submission of Orders and Judgments

Document Filing Requirements11 rules

Filing RequirementsMandatory

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.

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|SectionB. Scheduling Procedures
Filing RequirementsMandatory

The motion must be filed and docketed prior to submitting the proposed order.

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|SectionD. Submission of Orders and Judgments
Filing RequirementsMandatory

All proposed Orders should be titled as follows: Name, Case #, Title of Order.

Document
Proposed order

Should include

  • Name, Case #, Title of Order
Fl First:ac45b086c98197361b11ce7b
|SectionD. Submission of Orders and Judgments
Filing RequirementsMandatory

It is the responsibility of the moving party to prepare, file, and serve a notice of hearing immediately after reserving hearing time.

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|SectionB. Scheduling Procedures
Filing RequirementsMandatory

If the hearing is scheduled to occur via Zoom, the notice must contain the Court's Zoom ID.

Fl First:ac45b086c98197361b11ce7b
|SectionB. Scheduling Procedures
Filing RequirementsMandatory

Any request to appear remotely must be made by motion.

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|SectionC. Remote Appearance
Filing RequirementsMandatory

Participants requesting a remote appearance must provide the Zoom link in the notice of hearing.

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|SectionC. Remote Appearance
Filing RequirementsMandatory

Any issue/matter to be considered by Judge Miller should be presented in the form of a motion filed with the Clerk of Court with copies served on all parties of record.

Fl First:ac45b086c98197361b11ce7b
|SectionB. Scheduling Procedures
Filing RequirementsMandatory

Every notice of court proceedings must include the specified ADA notice and contact information.

Court's wording

Administrative Order 2015-32 requires that all notices of court proceedings include the following ADA notice (in Times New Roman or Courier, 14-point bold font): If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Court Administration, ADA Liaison, Escambia County, 190 Governmental Center, 5th Floor, Pensacola, FL 32502, Phone (850) 595-4400, Fax (850) 595-0360, ADA.Escambia@flcourts1.gov.

Fl First:ac45b086c98197361b11ce7b
|SectionK. Other Division Procedures
Filing RequirementsImportant

The requesting party should include the amount of time requested, whether the defendant is in custody or out of custody and all other parameters that should be considered.

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|SectionB. Scheduling Procedures
Filing RequirementsImportant

Please also indicate whether opposing counsel has agreed to the proposed order.

Fl First:ac45b086c98197361b11ce7b
|SectionD. Submission of Orders and Judgments

Filing & Service rules

Electronic Filing Rules

All proposed Orders should be submitted to the Florida e-Filing Portal pursuant to Administrative Order ECAD 2021-03.

All proposed Orders should be submitted to the Florida e-Filing Portal pursuant to Administrative Order ECAD 2021-03.

Page 1 | D. Submission of Orders and Judgments

Filing Timing and Cure Windows

File a motion for remote appearance or remote testimony sufficiently before the hearing to allow the Court time to rule.

The motion to appear remotely (or for the Court to receive testimony remotely) must be filed far enough in advance prior to a hearing to allow the Court adequate time to rule on the motion.

Page 1 | C. Remote Appearance

File and serve the hearing notice immediately after reserving hearing time.

It is the responsibility of the moving party to prepare, file, and serve a notice of hearing immediately after reserving hearing time.

Page 1 | B. Scheduling Procedures

Service and Proof of Service Rules

Serve a copy of written documents filed with the Clerk on all parties.

Written documents filed with the Clerk of Court (with a copy served on all parties);

Page 1 | Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

Copy all parties in the matter when notifying the Court that a hearing is cancelled.

Please copy all parties in the matter.

Page 1 | B. Scheduling Procedures

The moving party must serve the notice of hearing.

It is the responsibility of the moving party to prepare, file, and serve a notice of hearing immediately after reserving hearing time.

Page 1 | B. Scheduling Procedures

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

All attorneys and self-represented litigants must make and receive service by email, which is generally through the Florida Courts E-Filing Portal, unless excused.

Page 1 | A. Communications with the Judicial Office

Serve motion copies on all parties of record.

Any issue/matter to be considered by Judge Miller should be presented in the form of a motion filed with the Clerk of Court with copies served on all parties of record.

Page 1 | B. Scheduling Procedures

Copy all parties of record when forwarding the filed pleading or correspondence to the judicial assistant.

Please copy all parties of record.

Page 1 | A. Communications with the Judicial Office

Copy opposing counsel, or the opposing party if self-represented, on correspondence to the judge unless ex parte communication is authorized by law.

All correspondence to the judge, whether by email or letter, must be copied to opposing counsel (or party, if pro se) unless an ex parte communication is authorized by law.

Page 1 | A. Communications with the Judicial Office

Unless opposing counsel has previously been shown exhibits, any exhibit offered in evidence should, at the time of the offer, be handed to opposing counsel.

Unless opposing counsel has previously been shown exhibits, any exhibit offered in evidence should, at the time of the offer, be handed to opposing counsel.

Page 1 | K. Other Division Procedures

Copies should be provided to all parties in the matter.

Copies should be provided to all parties in the matter.

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

Courtesy Copy Requirements

Exhibits for evidentiary proceedings should be emailed or otherwise delivered to the judicial assistant before the hearing.

Emailed or otherwise delivered to the Court's judicial assistant prior to hearing.

Page 1 | G. Exhibits for Evidentiary Proceedings

Materials the parties want Judge Miller to consider before a hearing should be emailed or otherwise delivered to the judicial assistant before the hearing.

Any memoranda, case law, or other documents the parties wish Judge Miller to consider prior to hearing should be emailed or otherwise delivered to the Court's judicial assistant prior to hearing.

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

If you want the Court to review filed correspondence or pleadings, forward a copy to the judicial assistant at the listed email address.

Therefore, if you wish for the Court to review correspondence or pleadings that have been filed with the Clerk, you should forward a copy of the pleading or correspondence to the judicial assistant at susy.carlson@flcourts1.gov.

Page 1 | A. Communications with the Judicial Office

Adjournment & Extension Requirements

An email from opposing counsel is sufficient written confirmation of no objection to a continuance.

An email from opposing counsel will suffice as written confirmation that the opposing counsel does not have an objection to the continuance.

Page 1 | B. Scheduling Procedures

Motions to continue and proposed orders on those motions for Docket Days and Mini Docket Days must state the opposing attorney’s position.

All Motions to Continue and proposed Orders on Motions to Continue for Docket Days (and Mini Docket Days) must state the opposing attorney's position regarding the Motion to Continue.

Page 1 | B. Scheduling Procedures

For an unopposed motion to continue, the Court will not sign the continuance order without written confirmation from opposing counsel or the opposing party that there is no objection.

If the Motion to Continue is unopposed, the Court will not sign an Order continuing the case unless the Court has written confirmation from the opposing attorney (or party) verifying that there is no objection to the continuance.

Page 1 | B. Scheduling Procedures

Chambers Communication Rules

Judge Miller will not discuss a pending case with a party outside a hearing.

Judge Miller will not discuss pending cases with any party outside of a hearing.

Page 1 | Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

Judicial assistants may not make substantive inquiries of the judge on behalf of an attorney or litigant in the action.

The Code of Judicial Conduct precludes judicial assistants from making substantive inquiries of the judge on behalf of any attorney or litigant involved in the action.

Page 1 | A. Communications with the Judicial Office

Communications about cases must take the form of written documents filed with the Clerk and served on all parties, or court hearings.

Communication with Judge Miller regarding cases can take two forms: Written documents filed with the Clerk of Court (with a copy served on all parties); and Court hearings.

Page 1 | Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

The judicial assistant may not recommend specific lawyers or advise a party how to handle a pending matter.

Judge Miller's judicial assistant is not permitted to recommend specific lawyers or advise a party on how to handle the matters pending before the judge.

Page 1 | Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

Judges may not consider ex parte communications.

The Code prohibits all judges from considering ex parte (one side only) communications.

Page 1 | A. Communications with the Judicial Office

The judicial assistant may not take messages about pending cases to pass to Judge Miller.

Judge Miller's judicial assistant cannot take a message pertaining to a pending case from a party, family member, or other person to pass to Judge Miller.

Page 1 | Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

Judge Miller and his judicial assistant may not give legal advice to self-represented litigants.

Judge Miller and his judicial assistant are not permitted to give legal advice.

Page 1 | Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

The moving party is responsible for setting the motion for hearing.

It is the responsibility of the moving party to set the motion for hearing.

Page 1 | B. Scheduling Procedures

If a hearing is no longer necessary, notify the judicial assistant by email as soon as possible.

Upon determining that a hearing is no longer necessary, please notify the Court's judicial assistant as soon as possible via email at susy.carlson@flcourts1.gov.

Page 1 | B. Scheduling Procedures

If the motion is not yet docketed, you may email the judicial assistant a file-stamped copy, copy all parties, and state that the proposed order was submitted through the e-Portal.

If the motion has not yet been docketed, you may email a file-stamped copy to the judicial assistant, copying all parties, and advise that you have submitted the proposed order through the e-Portal.

Page 1 | D. Submission of Orders and Judgments

Judicial assistants cannot provide legal advice but may assist with procedural and scheduling inquiries.

Judicial assistants are not able to provide legal advice to anyone. However, they are more than happy to assist with procedural and scheduling inquiries.

Page 1 | A. Communications with the Judicial Office

To request a hearing, the requesting party should email a copy of the filed motion to Judge Miller's judicial assistant at susy.carlson@flcourts1.gov, and copying all parties.

To request a hearing, the requesting party should email a copy of the filed motion to Judge Miller's judicial assistant at susy.carlson@flcourts1.gov, and copying all parties.

Page 1 | B. Scheduling Procedures

Attorneys and parties may call the judicial assistant at the listed number to communicate with the judicial office.

Attorneys and parties may also communicate with the judicial office by calling the judicial assistant, Susy Carlson, at 850-595-4351.

Page 1 | A. Communications with the Judicial Office

Email is the preferred way to contact the judicial office at the listed address.

The preferred method of communication to the judicial office is by email to susy.carlson@flcourts1.gov.

Page 1 | A. Communications with the Judicial Office

To request an interpreter for a hearing or trial, contact Court Administration by phone or email at the listed contact information.

If an interpreter is needed for a hearing or trial, please contact Court Administration to request an interpreter at (850) 595-4533 or Trinidad.SerranoBennitt@flcourts1.gov.

Page 1 | K. Other Division Procedures

Pretrial conferences may be scheduled by contacting the judicial assistant.

Pretrial conferences may be scheduled by contacting the Court's judicial assistant.

Page 1 | H. Pretrial Procedures and Conferences

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 John L. Miller's rules

Are courtesy copies required for Judge John L. Miller?

Courtesy-copy rule applies for filed pleadings and filed correspondences. Details: by email. If you want the Court to review filed correspondence or pleadings, forward a copy to the judicial assistant at the listed email address.

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

What formatting rules apply to filings before Judge John L. Miller?

Judge John L. Miller's formatting rule includes submit in word format pursuant to administrative order ecad 2021-03.. All proposed Orders should be submitted in Word format pursuant to Administrative Order ECAD 2021-03.

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

What must be included with motion filings before Judge John L. Miller?

Present any issue or matter for Judge Miller’s consideration in a motion filed with the Clerk and serve copies on all parties of record.

View ruleSource: page 1, section B. Scheduling Procedures

What must be included with notice of hearing filings before Judge John L. Miller?

The moving party must prepare, file, and serve the hearing notice immediately after reserving hearing time.

View ruleSource: page 1, section B. Scheduling Procedures

How may parties contact Judge John L. Miller's chambers?

Judge Miller will not discuss a pending case with a party outside a hearing.

View ruleSource: page 1, section Information for Pro Se Litigants (Parties Who Are Not Represented by an Attorney)

How do I request an adjournment or extension before Judge John L. Miller?

The request must include adversary position. Motions to continue and proposed orders on those motions for Docket Days and Mini Docket Days must state the opposing attorney’s position.

View ruleSource: page 1, section B. Scheduling Procedures

Is electronic filing required before Judge John L. Miller?

All proposed Orders should be submitted to the Florida e-Filing Portal pursuant to Administrative Order ECAD 2021-03.

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

What filing deadlines does Judge John L. Miller set?

File and serve the hearing notice immediately after reserving hearing time.

View ruleSource: page 1, section B. Scheduling Procedures

What rule applies to serving the opposing party before Judge John L. Miller?

Details: recipient: the opposing party. Copy opposing counsel, or the opposing party if self-represented, on correspondence to the judge unless ex parte communication is authorized by law.

View ruleSource: page 1, section A. Communications with the Judicial Office
Complete rules summary for Judge John L. Miller

Judge Miller will not discuss a pending case with a party outside a hearing.

The judicial assistant may not take messages about pending cases to pass to Judge Miller.

The judicial assistant may not recommend specific lawyers or advise a party how to handle a pending matter.

Present any issue or matter for Judge Miller’s consideration in a motion filed with the Clerk and serve copies on all parties of record.

Email is the preferred way to contact the judicial office at the listed address.

Attorneys and parties may call the judicial assistant at the listed number to communicate with the judicial office.

Judicial assistants may not make substantive inquiries of the judge on behalf of an attorney or litigant in the action.

Judges may not consider ex parte communications.

Copy opposing counsel, or the opposing party if self-represented, on correspondence to the judge unless ex parte communication is authorized by law.

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

Judicial assistants cannot provide legal advice but may assist with procedural and scheduling inquiries.

If you want the Court to review filed correspondence or pleadings, forward a copy to the judicial assistant at the listed email address.

Copy all parties of record when forwarding the filed pleading or correspondence to the judicial assistant.

Serve motion copies on all parties of record.

The moving party is responsible for setting the motion for hearing.

To request a hearing, the requesting party should email a copy of the filed motion to Judge Miller's judicial assistant at susy.carlson@flcourts1.gov, and copying all parties.

A hearing request should state the time requested, the defendant’s custody status, and other relevant parameters.

The moving party must prepare, file, and serve the hearing notice immediately after reserving hearing time.

File and serve the hearing notice immediately after reserving hearing time.

The moving party must serve the notice of hearing.

A notice of hearing for a Zoom hearing must include the Court’s Zoom ID.

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Motions to continue and proposed orders on those motions for Docket Days and Mini Docket Days must state the opposing attorney’s position.

For an unopposed motion to continue, the Court will not sign the continuance order without written confirmation from opposing counsel or the opposing party that there is no objection.

An email from opposing counsel is sufficient written confirmation of no objection to a continuance.

If a hearing is no longer necessary, notify the judicial assistant by email as soon as possible.

Copy all parties in the matter when notifying the Court that a hearing is cancelled.

A request to appear remotely must be made by motion.

File a motion for remote appearance or remote testimony sufficiently before the hearing to allow the Court time to rule.

A participant requesting remote appearance must provide the Zoom link in the notice of hearing.

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