Judge Ellen Sue Venzer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- 1 copy • Email • Upon Filing
Motion For Return Of Property
- 1 copy • Upon Filing
Motion To Increase Reduce Bond
- 1 copy • Upon Filing
Motion To Suppress
- 1 copy • Upon Filing
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Fax
Chambers
Chambers
Document Filing Requirements11 rules
The original motion and Notice of Hearing must be filed with the clerk's office.
Document Type
Motion And Notice Of Hearing
JAC indigency motions must be submitted to chambers with supporting documentation, JAC's response, and a proposed order.
Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to chambers.
Document Type
Jac Indigency Motion
Proposed orders for stipulated or agreed motions may be submitted to chambers only if accompanied by a jointly signed motion or other proof of both parties' agreement.
A proposed order may be submitted to chambers as long as it is accompanied by a motion signed by both parties or an email or other proof indicating agreement of both parties.
Document Type
Proposed Order
The original motion for return of property must be filed with the Clerk's office.
File the original motion with the Clerk's office
Document Type
Motion For Return Of Property
Motions to seal/expunge must include the petition, affidavit, FDLE Certificate of Eligibility, and a proposed order pursuant to Rule 3.692, Fla. R. Crim. P.
include petition, affidavit, FDLE Certificate of Eligibility, and proposed order pursuant to Rule 3.692, F. R. Crim. P.
Document Type
Motion To Seal Expunge
The original motion to increase/reduce bond must be filed with the Clerk's office.
File the original with the Clerk's office
Document Type
Motion To Increase Reduce Bond
A Motion to Modify or Terminate Probation/Community Control must include the Probation Officer's, Assistant State Attorney's, and (if applicable) the victim's positions, and termination/modification is not automatically granted at the midway point.
TERMINATE OR MODIFY PROBATION OR COMMUNITY CONTROL: Judge Venzer does not automatically grant termination or modifications of Probation or Community Control at the midway point. A Motion to Modify or Terminate should include the Probation Officer's, the Assistant State Attorney's, and – if applicable – the victim's position on the motion.
Document Type
Motion To Modify Or Terminate Probation
Defendants must attend the sounding hearing unless defense counsel has complied with Rule of Criminal Procedure 3.180(a)(3) or the judge has waived the defendant's presence.
Clients must attend the sounding hearing, unless defense counsel has complied with Rule of Criminal Procedure 3.180(a)(3), or Judge Venzer has waived the defendant's presence.
Document Type
Sounding Hearing
Counsel should attach a copy of the A-form and the defendant's criminal history to motions to increase/reduce bond (source text continues beyond this chunk).
Counsel should attach a copy of the A-form and defendant's criminal history to the Motion
Document Type
Motion To Increase Reduce Bond
If there is an objection to a Motion to Modify or Terminate, the motion must include a copy of the original A Form and the defendant's criminal history.
If there is an objection, please include a copy of the original A Form and the defendant's criminal history.
Document Type
Motion To Modify Or Terminate Probation
Parties relying on case law must provide that case law to the Court before the hearing.
If you write it, Judge Venzer will read it. If you are relying on case law, please provide it before the hearing.
Document Type
Relied Upon Case Law
Filing & Service rules
Filing Timing and Cure Windows
Motions in limine must be filed in writing by the Friday before trial or, absent good cause, the Court may deny the motion.
Motions in Limine must be filed in writing the Friday before trial. Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.
Page 2 | Policies and Procedures for Specific Motions
For Arthur hearings, both parties are strongly encouraged (but not required) to provide the videos, transcripts, and evidence they will rely on at least 24 hours before the hearing.
Although neither party is required to file a motion, Judge Venzer strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing, at least 24 hours prior to the Hearing.
Page 2 | Policies and Procedures for Specific Motions
Motions for return of property will be scheduled at least two weeks after filing to allow the State time to determine any objections.
The motion will be scheduled at least two weeks later to allow the State sufficient time to determine if it, or the arresting agency, has any objection(s).
Page 2 | Policies and Procedures for Specific Motions
Service and Proof of Service Rules
The movant must prepare and serve the Notice of Hearing on all parties when placing a motion on calendar.
The movant is responsible for preparing and serving the Notice of Hearing to all parties
Page 1 | Procedures for Placing Motions on Calendar
Motions for return of property must be served on the arresting agency, and proof of service must be provided at the hearing.
The motion must be served on the arresting agency and proof of said service must be provided at the hearing.
Page 2 | Policies and Procedures for Specific Motions
For Nebbia motions, the movant must prepare and serve the Notice(s) of Hearing.
The movant must prepare and serve the Notice(s) of Hearing.
Page 2 | Policies and Procedures for Specific Motions
Courtesy Copy Requirements
A copy of motions for return of property must be provided to chambers in addition to filing the original with the Clerk's office.
File the original motion with the Clerk's office and provide a copy to chambers.
Page 2 | Policies and Procedures for Specific Motions
A copy of motions to increase/reduce bond must be provided to chambers in addition to filing the original with the Clerk's office.
File the original with the Clerk's office and provide a copy to chambers.
Page 2 | Policies and Procedures for Specific Motions
Motions to suppress must be filed with the Clerk's office with a copy provided to chambers, after which the Judicial Assistant will calendar the case so the parties can select a special set hearing date.
MOTIONS TO SUPPRESS: File the original motion with the Clerk's office and provide a copy to chambers. Judge Venzer's Judicial Assistant will place the case on calendar soon thereafter so the parties and the calendar clerk can select a special set date and time for the hearing.
Page 3 | Policies and Procedures for Specific Motions
Courtesy copies should be e-mailed to chambers or the JA because the Clerk's office does not provide the Judge with copies of e-filed motions.
Courtesy copies should be e-mailed to chambers or JA. NOTE: The Clerk's office does not provide Judge Venzer with copies of motions that counsel submits through E-filing.
Page 1 | Method of Providing Courtesy Copies
Sealing & Redaction Procedures
Motions to seal/expunge must be filed with the Clerk with all supporting documentation and a copy provided to chambers.
File the original motion with all supporting documentation to the Clerk's office and provide a copy to chambers (include petition, affidavit, FDLE Certificate of Eligibility, and proposed order pursuant to Rule 3.692, F. R. Crim. P.).
Page 2 | Policies and Procedures for Specific Motions
Pre-Motion Conference Requirements
Before seeking an Arthur hearing, defense counsel must first speak with the assigned ASA to verify the State will not agree to any pretrial release conditions.
Defense counsel must first speak with the assigned ASA to verify that the State will not agree to any pretrial release conditions.
Page 2 | Policies and Procedures for Specific Motions
For Nebbia motions, defense counsel must first present the documentary proof to the prosecutor to seek a stipulation, and if there is no stipulation, submit the documents to chambers for a hearing.
Defense counsel should first present the documentary proof to the Assistant State Attorney and inquire whether the State will stipulate that the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the Judicial Assistant will advise all parties, via e-mail, of the date for the Nebbia hearing.
Page 2 | Policies and Procedures for Specific Motions
Adjournment & Extension Requirements
Counsel must bring deposition/discovery noncompliance to the Court's attention, and the Court may deny a continuance if counsel has not filed a Motion to Compel in those circumstances.
If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court. The Court may, in its discretion, deny a continuance in these circumstances, if counsel has not filed a Motion to Compel.
Page 3 | Miscellaneous Policies and Procedures
Motions for continuance may be made orally (ore tenus) at Sounding.
Motions for Continuance may be made ore tenus at Sounding.
Page 1 | Policies and Procedures for Specific Motions
Chambers Communication Rules
To place a motion on calendar, a copy of the motion must be e-mailed to chambers with opposing counsel copied on the email.
Submit a copy of the motion to chambers by e-mail. You must copy opposing counsel on all e-mails.
Page 1 | Procedures for Placing Motions on Calendar
Emails to the Court must never use the subject line 'SERVICE OF COURT DOCUMENTS' because the email system will automatically reject them.
Do NOT put "SERVICE OF COURT DOCUMENTS" in the subject line of any email to the Court – if you do, our email system automatically rejects the email.
Page 1 | Judicial Assistant's Name & Email
Emails to the Judge or Judicial Assistant about a case must copy all counsel in the same email.
If you write the Judge or the Judicial Assistant about a case, you must copy all counsel in the same email.
Page 1 | Judicial Assistant's Name & Email
Any email to the Judge regarding court business must copy the Judicial Assistant.
Please copy the Judicial Assistant on any emails regarding court business
Page 1 | Judge's Name & Email
The division chambers email address is F011@jud11.flcourts.org.
Division E-Mail: F011@jud11.flcourts.org
Page 1 | Chamber's Information
The chambers fax number is (305) 548-5348.
Fax #: (305) 548-5348
Page 1 | Chamber's Information
The chambers phone number is (305) 548-5478.
Phone #: (305) 548-5478
Page 1 | Chamber's Information
If the parties cannot agree on pretrial release, defense counsel may call the judicial assistant to place the case on calendar for a bond status hearing.
If the parties cannot reach agreement, Defense counsel may call the judicial assistant to request that the case be placed on calendar for status regarding bond.
Page 2 | Policies and Procedures for Specific Motions
Division 11 chambers can be contacted by email at F011@jud11.flcourts.org.
Email: F011@jud11.flcourts.org
Page 1 | JUDGE VENZER - DIVISION 11 Information and Procedures
Division 11 chambers can be reached by phone at (305) 548-5478.
Phone: (305) 548-5478
Page 1 | JUDGE VENZER - DIVISION 11 Information and Procedures