Judge Jeb Branham
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law
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Court-wideDocument Format Requirements8 rules
A Zoom participant must display their first and last name to be admitted to the hearing.
The first and last name of anyone who wants to participate in a hearing by Zoom must be displayed to be admitted.
Hard-copy proposed orders should include full date lines, signature lines, and service information.
Hard copy proposed orders should contain full date lines, full signature lines, and full service information.
Courtesy copies of case law sent to the Court should use PDF format.
Courtesy copies of cases sent to the Court should be emailed to kbend@coj.net in .pdf format.
Plea forms should avoid abbreviations unless they are absolutely necessary.
Do not use abbreviations unless absolutely necessary.
Distracting Zoom backgrounds should be replaced with a software-generated background or blurred.
Distracting backgrounds should be replaced with software-generated backgrounds or blurred out.
Zoom participants should comply with the conduct expected for an in-person court appearance.
Zoom participants should treat a Zoom appearance like any other court appearance.
Zoom participants should turn off video and mute microphones while waiting for their case to be called.
Video should be off and microphones muted while waiting for a case to be called.
Zoom participants should not participate while walking around, driving, or engaging in similar activities.
Participants should not be walking around, driving, etc.
Document Filing Requirements25 rules
A proposed order may not be submitted without a pending request or stipulation for relief, and an agreed order must identify who agreed and include evidence or a detailed explanation of the agreement.
Proposed orders should never be submitted without some request or stipulation for relief being on the docket. Agreed orders should say in them who specifically has agreed to the requested relief. Evidence of the agreement should be submitted with the motion or other request for relief or the motion should detail the specific circumstances of the agreement.
Document Type
Proposed Order
A motion or other pleading must state its grounds, which will usually include the relief sought, undisputed and disputed pertinent facts, and the constitutional provisions, statutes, rules, or case law authorizing or prohibiting the relief.
Florida Rule of Criminal Procedure 3.190 requires “Each motion or other pleading [to] state the ground or grounds on which it is based.” Stating the “grounds” for a motion will usually entail at least the following: i. What is the relief sought? ii. What are the undisputed facts, or facts that must be taken as true, that are pertinent to granting or denying the relief sought? iii. What are the disputed facts, if any, pertinent to granting or denying the relief sought that must be resolved before the court rules? iv. What constitutional provisions, statutes, rules, or case law authorize or prohibit the relief sought?
Document Type
Motion
A motion to impose pretrial detention by revoking bail must include evidentiary support, such as a sworn arrest and booking report or a timely request for judicial notice.
Motions to impose pretrial detention by revoking bail must have some evidentiary support, such as attaching a sworn arrest and booking report or filing a timely request for judicial notice.
Document Type
Pretrial Detention Motion
The current felony plea forms available at the stated court website should be used.
Use the current versions of the plea forms found here: https://www.jud4.org/court-administration/felony-plea-forms.
Document Type
Plea Form
The plea form’s fine box should contain only fines currently being assessed.
The fine box should only contain fines that are being assessed.
Document Type
Plea Form
A separate plea form should be completed for each case, and multiple cases should not be consolidated onto one form.
A separate plea form should be filled out for each case a defendant is resolving. Multiple cases should not be consolidated onto one plea form.
Document Type
Plea Form
Special probation conditions belong in the Probation Conditions section, while the Negotiated Sentence section should contain only the probationary term’s length.
Special conditions of probation should be listed in the Probation Conditions section, not the Negotiated Sentence section. That section should just list the length of the probationary term.
Document Type
Plea Form
A sentence involving withholding adjudication of guilt must identify jail time as a special condition of probation.
For sentences involving a withhold of adjudication of guilt, jail time must be a special condition of probation.
Document Type
Plea Form
The plea form’s sections concerning costs, restitution, and Marsy’s Law compliance should be completed.
Fill out the parts pertaining to costs, restitution, and Marsy’s Law compliance.
Document Type
Plea Form
The plea form’s count and charge box should list only the crimes to which the defendant is pleading guilty.
The count, charge, etc. box should contain only the crimes that the defendant is pleading guilty to.
Document Type
Plea Form
Plea forms are court filings that must be signed by counsel and should receive careful attention to detail.
The plea forms are court filings signed by counsel and should be given the care and attention to detail that all court filings should receive.
Document Type
Plea Form
A scoresheet must be provided to the Court before sentence is imposed, ideally at the beginning of the sentencing hearing.
The Court must be provided with a scoresheet prior to imposition of sentence, Navarro v. State, 416 So. 3d, 1217, 1222-23 (Fla. 5th DCA 2025) (sentencing without a scoresheet for the judge to consider is fundamental error), ideally at the beginning of the sentencing hearing.
Document Type
Sentencing Scoresheet
A renewed or subsequent bail motion should state the changed circumstances justifying modification of previously imposed pretrial-release conditions.
Renewed or subsequent bail motions should state the changes in circumstances that justify the new request for modification of earlier-imposed conditions of pre-trial release.
Document Type
Subsequent Bail Motion
For an unopposed motion or agreed proposed order, the movant should identify who agreed for the opposing party and, when appropriate, include information about the victim’s consent in the motion or an attached exhibit.
If a motion is unopposed or a proposed order is agreed to, the movant should state in the motion who agreed on behalf of the opposing party. If appropriate, include information about the victim’s consent to the proposed relief. This information needs to be included in the motion or attached to it as an exhibit so it becomes a matter of record that all parties and the court can rely on.
Document Type
Motion
Bail motions should connect the case facts and defendant circumstances to the statutory and rule-based factors governing bail, including affordability of bail or bond.
Bail motions should tie the facts of the case and the defendant’s circumstances to Florida’s statutory and rule-based factors, FLA. STAT. § 903.046(1) (2025); FLA. R. CRIM. P. 3.131(3) (2026); Mehaffie v. Rutherford, 143 So. 3d 432 (Fla. 1st DCA 2014) (discussing affordability of bail or bond), that govern setting bail.
Document Type
Bail Motion
Litigants should avoid sending uncited cases or substituting case copies for a written opposition to a motion.
Avoid sending uncited cases to the court or just sending copies of cases instead of a written opposition to a motion.
Document Type
Opposition
Relied-upon case law should be cited in the motion or response using pinpoint citations.
If case law will be relied upon, cite it in the motion or response, and use pinpoint citations.
Document Type
Motion Or Response
Special probation conditions requiring the defendant to complete something should include a deadline.
Other special conditions that require the defendant to accomplish something (for example, a TASC evaluation or an apology letter) should have a deadline.
Document Type
Plea Form
Probation-conditioned restitution should ordinarily state minimum monthly payments and due dates for the first and subsequent payments.
Restitution paid as a condition of probation should ordinarily have minimum monthly payments, a due date for the first payment, and due dates for subsequent payments.
Document Type
Plea Form
The State should provide the defendant with a scoresheet before sentencing, including a plea-bargain sentencing hearing.
The State should provide the defendant with a scoresheet prior to a sentencing hearing, including one conducted as part of a plea bargain.
Document Type
Sentencing Scoresheet
Defense and state counsel should be prepared to address the defendant’s criminal record for the court’s guidance.
Counsel for the defense and state should be ready to address the defendant’s record for the court’s guidance.
Document Type
Bail Motion
Effective advocates should consider identifying the applicable burden of proof when addressing requested relief.
vi. What is that burden, i.e. probable cause, preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt, etc.?
Document Type
Motion Or Written Response
Effective advocates should consider identifying any findings the law requires before the Court grants or denies requested relief.
viii. What, if any, findings does the law require the Court to make before granting or denying the relief sought?
Document Type
Motion Or Written Response
Effective advocates should consider addressing who bears the burden of establishing entitlement to the requested relief.
v. Who bears the burden of establishing entitlement to the relief sought?
Document Type
Motion Or Written Response
Effective advocates should consider explaining whether the requested relief is discretionary or mandatory.
vii. Is granting or denying the relief sought discretionary or mandatory?
Document Type
Motion Or Written Response
Filing & Service rules
Electronic Filing Rules
Proposed orders should be submitted through the Florida Courts’ E-Filing Portal only after all parties agree and Marsy’s Law requirements are satisfied when applicable.
Proposed orders should be submitted through the Florida Courts’ E-Filing Portal only after all parties have agreed to the submission of the order and Marsy’s Law has been complied with when it applies.
Page 1 | 3. PROPOSED ORDERS
A hard copy should not be submitted when a proposed order is submitted through the E-Filing portal.
If a proposed order is submitted through the E-Filing portal, a hard copy should not be submitted.
Page 1 | 3. PROPOSED ORDERS
For a contested matter, a proposed order need not be submitted through the E-Filing portal and may instead be brought to the hearing.
There is no need to submit a proposed order through the E-Filing portal for a contested matter. Just bring a proposed order to the hearing.
Page 1 | 3. PROPOSED ORDERS
Courtesy Copy Requirements
Courtesy copies of cases sent to the Court should be emailed to kbend@coj.net in PDF format.
Courtesy copies of cases sent to the Court should be emailed to kbend@coj.net in .pdf format.
Page 3 | 4. PRE-TRIAL MOTIONS — E. Case Law
Hardcopies of cases need not be sent to the Court.
There is no need to send hardcopies.
Page 3 | 4. PRE-TRIAL MOTIONS — E. Case Law
Pre-Motion Conference Requirements
A hearing on a non-emergency motion will not be scheduled until the motion is filed and opposing counsel has had a reasonable time to review it.
No hearings will be scheduled on non-emergency motions until after the motion is filed with the court and opposing counsel has had a reasonable time to review it.
Page 2 | 5. PRE-TRIAL MOTIONS
The court will determine the facial sufficiency of a motion to suppress before setting a hearing.
Facial sufficiency for motions to suppress will be determined before setting a hearing.
Page 2 | 5. PRE-TRIAL MOTIONS
Lawyers should confer before filing whenever possible to determine whether a contested motion can become an agreed motion.
Whenever possible, the lawyers should confer before filing to see if a contested motion can become an agreed motion.
Page 2 | 5. PRE-TRIAL MOTIONS
Adjournment & Extension Requirements
A motion for continuance must show good cause and be made in good faith.
Motions for continuance must show good cause, and they must be made in good faith. FLA. R. CRIM. P. 3.190(f) (2026).
Page 4 | 6. TRIALS — B. Motions for Continuance
Chambers Communication Rules
Counsel may request an administrative pass by emailing Judicial Assistant Kristy Bend, copying opposing counsel, and stating the case progress, next steps, and requested date by 2:00 the day before the next appearance, subject to several stated conditions.
Instead of calling a case during calendar, counsel can get an administrative pass under these conditions: A. Counsel emails Judicial Assistant Kristy Bend at kbend@coj.net, with a copy to opposing counsel, stating what has been done on the case since the last pass date, what will be done on the case before the next pass date, and the requested pass date. B. All counsel agree that it is not necessary to call the case during calendar. C. An email to request an administrative pass or add a case to the calendar must be sent by 2:00 the day before the next scheduled appearance. D. All that is needed from the Court is an additional pre-trial date. E. The requested pass date is no more than three weeks from the last pass date. F. The case has not been administratively passed for more than two consecutive pass dates. G. The requested pass date is more than two weeks before the final pretrial conference. Final pretrial conferences may not be administratively passed or cancelled.
Page 1 | 1. ADMINISTRATIVE PASSES