Judge Michelle Delancy
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
Arthur Hearing Motions
- At Least 24 Hours Prior To Hearing
Increase Reduce Bond Motions
- 1 copy • Upon Filing
Motion
- 1 copy • Upon Filing
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Fax
Chambers
Document Filing Requirements5 rules
JAC indigency motions must be submitted to chambers with supporting documentation, JAC's response, and a proposed order; the Court may rule without a hearing unless JAC requests one or the judge has concerns.
JAC MOTIONS: Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers. If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents. If JAC requests a hearing, or if Judge Delancy has concerns after reviewing the Motion and supporting documentation, the judicial assistant will set the Motion on calendar for hearing.
Document Type
Jac Motion To Declare Defendant Indigent For Costs
When a defendant waives any amount of credit for time served, defense counsel must complete a waiver form (available from the Clerk) and obtain the defendant's signature.
If the defendant is waiving any amount of credit for time served, Defense Counsel must fill out a waiver form (available from the Clerk) and have the defendant sign it.
Document Type
Waiver Of Credit For Time Served
Bond increase/reduction motions should attach, at minimum, a copy of the A-form and the defendant's criminal history, plus any other documents counsel wants considered.
Counsel should, at a minimum, attach a copy of the A-form and defendant's criminal history to the Motion, along with any other documents Counsel wants Judge Delancy to consider in increasing or reducing bond.
Document Type
Motion To Increase Or Reduce Bond
Motions to terminate or modify probation/community control should include the probation officer's, State Attorney's, and (if applicable) victim's positions, plus the original A-form and defendant's criminal history if there is an objection; midway termination is not automatically granted unless agreed at sentencing.
TERMINATE OR MODIFY PROBATION/CC: Judge Delancy does not automatically grant termination or modifications of Probation or Community Control at the midway point, unless such a condition was specifically agreed to at sentencing by all parties. A Motion to Modify or Terminate should include the Probation Officer's, the State Attorney's, and – if applicable – the victim's position on the motion. If there is an objection, please include a copy of the original A- form and the defendant's criminal
Document Type
Motion To Terminate Or Modify Probation
Any case law a party intends to rely on must be provided to the Court before the hearing.
If you have case law, provide it before the hearing.
Document Type
Case Law
Filing & Service rules
Filing Timing and Cure Windows
Motions in limine must be filed in writing by the Friday before trial; failure to do so, absent good cause, is grounds for denial.
LIMINE MOTIONS: 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 - LIMINE MOTIONS
If the State does not stipulate Nebbia compliance, documents must be submitted to chambers, and the hearing is typically set for the next business day if documents are provided before 3:00 pm.
State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the judicial assistant will call the attorney's office with the date for the Nebbia hearing. In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 3:00 pm.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - NEBBIA
Return-of-property motions are scheduled for hearing at least two weeks after filing to give the State time to determine whether it or the arresting agency objects.
The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection. It is the State's responsibility to determine whether the arresting agency has an objection to the granting of the motion.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - RETURN OF PROPERTY
Courtesy Copy Requirements
A copy of each motion must be sent to chambers by email, fax, or hand delivery (the clerk does not forward e-filed motions to the judge), and the original motion must be filed with the clerk's office.
PROCEDURES FOR PLACING MOTIONS ON CALENDAR: Send a copy of the motion to chambers by email, facsimile or hand-delivery. The JA will call the attorney's office with the date that the motion will be on calendar. The original motion must be filed with the clerk's office. NOTE: The Clerk's Office does not provide Judge Delancy with copies of motions which Counsel submits through E-filing.
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
Bond increase/reduction motions: file the original with the clerk and email or hand-deliver a copy to chambers.
INCREASE/REDUCE BOND: File the original with the Clerk's office and email or hand-deliver a copy to chambers.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - INCREASE/REDUCE BOND
Seal/expunge motions: file the original with the clerk and send a copy to chambers; counsel need not attend the hearing if all documents are in order.
SEAL/EXPUNGE: File the original with the Clerk's office and send a copy to chambers. The JA will call the attorney's office with the date that the motion will be on calendar. Counsel does not have to be present at the hearing if all documents are in order.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - SEAL/EXPUNGE
Return-of-property motions: file the original with the clerk and send a copy to chambers; the JA will call with the calendar date.
RETURN OF PROPERTY: File the original with the Clerk's office and send a copy to chambers. The judicial assistant will call the attorney's office with the date that the motion will be on calendar.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - RETURN OF PROPERTY
Suppression motions must be filed with the Clerk with a copy sent to chambers, after which the judicial assistant will calendar the case so the parties can select a special set hearing date and time.
SUPPRESSION MOTIONS: File the original with the Clerk's office and send a copy to chambers. Judge Delancy's judicial assistant will place the case on calendar soon thereafter so the parties can select a special set date and time for the hearing.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - Suppression Motions
Courtesy copies may be provided by email or hand delivery because the clerk does not forward e-filed documents to Judge Delancy.
METHOD OF PROVIDING COURTESY COPIES: Courtesy copies may be provided by email or hand-delivery. NOTE: The Clerk's Office does not provide Judge Delancy with copies of documents which Counsel submits through E-filing.
Page 1 | METHOD OF PROVIDING COURTESY COPIES
Parties are strongly encouraged (not required) to provide Arthur Hearing evidence to the court at least 24 hours before the hearing, and earlier if the materials are voluminous.
Although neither party is required to file a motion, Judge Delancy 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. The more voluminous the materials, the earlier they should be provided to the Court.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - ARTHUR HEARINGS
Pre-Motion Conference Requirements
Clients (defendants) must attend Soundings unless Defense Counsel has complied with Rule of Criminal Procedure 3.180(a)(3) or Judge Delancy has waived the defendant's presence.
DO CLIENTS HAVE TO ATTEND: Yes, unless Defense Counsel has complied with Rule of Criminal Procedure 3.180(a)(3), or Judge Delancy has waived the defendant's presence.
Page 3 | SOUNDINGS
The Court will not rule on a downward departure sentence motion unless the defendant has entered a plea or been found guilty.
Judge Delancy will not rule on a motion for a downward departure sentence unless the defendant has entered a plea or been found guilty.
Page 3 | POLICIES REGARDING PLEAS
Judge Delancy holds Soundings (mandatory pretrial conferences) on all cases, usually two Wednesdays prior to trial.
Judge Delancy holds Soundings on all cases, usually two Wednesdays prior to trial.
Page 3 | SOUNDINGS
Adjournment & Extension Requirements
Counsel must bring deposition non-appearance or discovery non-compliance to the Court's attention, and the Court may deny continuances where counsel has not filed Motions 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 deny continuances in these circumstances if counsel has not filed Motions to Compel.
Page 3 | MISCELLANEOUS POLICIES AND PROCEDURES
Continuance motions may be made orally (ore tenus) at Sounding.
CONTINUANCES: Motions for Continuance may be made ore tenus at Sounding.
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS - CONTINUANCES
Chambers Communication Rules
Emails to the Court with the subject line "SERVICE OF COURT DOCUMENTS" are automatically rejected by the email system.
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 Judge Delancy regarding court business must copy the Judicial Assistant.
JUDGE'S NAME & EMAIL: Michelle A. Delancy (mdelancy@jud11.flcourts.org) (please copy the Judicial Assistant on any emails regarding court business)
Page 1 | JUDGE'S NAME & EMAIL
For Arthur hearings, defense counsel must first confer with the assigned ASA; if no agreement, counsel may call the JA to request a bond status calendar placement.
ARTHUR HEARINGS: Defense Counsel must first speak with the assigned ASA to verify that the State will not agree to any pretrial release conditions. 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 - ARTHUR HEARINGS
Chambers can be reached by phone at 305-548-5734 or fax at 305-548-5208 (Room 217, 1351 N.W. 12th Street, Miami, FL 33125).
CHAMBER'S INFORMATION a. Address: 1351 N.W. 12th Street, Room 217, Miami, FL 33125 b. Phone #: 305-548-5734 c. Fax #: 305-548-5208
Page 1 | CHAMBER'S INFORMATION
Use the division email F005@jud11.flcourts.org to reach both the Judge and JA; do not send separate copies to each.
Division Email: F005@jud11.flcourts.org. Emails to this address are sent to both the Judge and the JA, so please do not send a separate copy to the Judge or JA.
Page 1 | Division Email