Judge Gisela T. Laurent
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Speedy Trial Demand, Notice Of Expiration
- Email • Immediately Upon Filing
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Memoranda, Case Law, Other Materials
Court-wide- At Least 5 Court Days Before Scheduled Hearing
Adjournments
- A written motion to continue must be emailed to the Court by 5:00 p.m. the Monday before pretrial and must state the opposing party’s position and describe good cause with detail proportionate to prior continuance requests.
- A motion to continue should be submitted by noon on the day before the status hearing, state the opposing party’s position and good cause, and include a proposed order in Word format.
Request must include
Communication
Clerk, Chambers
Clerk
Phone
Clerk
Phone
Court-wideChambers
Document Format Requirements5 rules
The proposed order accompanying a bond motion must be sent in Word format.
If neither party is requesting a hearing on a bond motion, defense counsel shall send a proposed order in Word format with the motion to 22orange@ninthcircuit.org.
The proposed order accompanying a motion to transfer should be submitted in Word format.
A proposed order in Word format should accompany the motion to transfer.
DOCX
A proposed order in Word format should accompany a motion to continue.
A proposed order in Word format should accompany the Motion to Continue.
DOCX
The motion to continue should include a proposed order in Word format.
A proposed order in Word format should accompany the motion.
DOCX
Documents submitted through the e-filing portal must be prepared in WORD, WordPerfect, or Adobe PDF format.
Documents must be prepared as either WORD documents, WordPerfect, or Adobe PDF
Document Filing Requirements31 rules
A hearing request must identify the case and motion, attach the file-stamped motion, state hearing-related and custody information, include opposing counsel's position or unsuccessful conferral, and identify any virtual-attendance request.
The hearing request must include: i. Case number and style ii. Title of the motion(s) to be heard and the date the motion was filed iii. File-stamped copy of the motion attached iv. Amount of time requested for the hearing v. Whether the Defendant is in custody vi. Position of opposing counsel, if available, or confirmation that a conferral attempt was made without response vii. Any request for virtual attendance
Document Type
Hearing Request
The movant must file a notice of hearing after receiving hearing confirmation from the Judicial Assistant.
The movant must file a notice of hearing after the hearing confirmation is received from the Judicial Assistant.
Document Type
Notice Of Hearing
For a no-hearing bond motion in a case with an alleged victim, the motion or the State's response must state the victim's position or confirm that the victim does not wish to be heard.
If defense counsel requests resolution of a bond motion without a hearing in a case with an alleged victim, the motion or the State’s response must (i) provide the alleged victim’s position on the request, or (ii) confirm that the alleged victim has indicated that he or she does not wish to be heard on the issue.
Document Type
Bond Motion
When neither party requests a bond hearing, defense counsel must send a proposed order in Word format with the motion by email.
If neither party is requesting a hearing on a bond motion, defense counsel shall send a proposed order in Word format with the motion to 22orange@ninthcircuit.org.
Document Type
Bond Motion
Witness testimony by videoconference requires a motion and an order under Florida Rule of Criminal Procedure 3.116(d).
Testimony by videoconference requires a motion and order in accordance with Florida Rule of Criminal Procedure 3.116(d).
Document Type
Remote Testimony
For an evidentiary proceeding, counsel must file a motion and obtain an order permitting a videoconference appearance.
For evidentiary proceedings, counsel may appear by videoconference only upon filing a motion and obtaining an order allowing the remote appearance.
Document Type
Evidentiary Proceeding Appearance
Counsel must immediately seek agreement with opposing counsel on the competency expert and submit a proposed order if agreement is reached.
The attorney filing the motion for examination shall immediately contact opposing counsel to attempt to agree on an expert to evaluate the defendant and shall submit a proposed order if counsel are able to reach agreement.
Document Type
Motion For Examination
The Assistant State Attorney must submit a proposed transport order when a proceeding requires the presence of a defendant held in another county.
The Assistant State Attorney shall submit a proposed transport order when the presence of a defendant in the custody of another county is required for a proceeding.
Document Type
Transport Order
The final judgment must include the parties' names and current addresses and the date of birth of the party restoring a maiden name.
F.J.: MUST INCL qARTIES' NAME AND CURRENT ADDRESS, DOB of party restoring maiden name.
Document Type
Final Judgment
An Income Deduction Order is required, must be calculated for every payment method, and must include the paragraph 5(b) address.
Income Deduction Order: _m:ust be calculated every payment way; missing parag. 5b address;
Document Type
Income Deduction Order
A Parenting Plan is required if filed on or after October 1, 2008.
Parenting Ptan, if filed on or after October 1,2008
Document Type
Parenting Plan
For cases involving children, the petition must include UCCJJA allegations and an attached affidavit.
Petition: if children, U.C.C.J.A. allegations / attached affidavit;
Document Type
Petition
The Final Hearing Sworn Testimony form is required.
Final Hearing Sworn Testimony form;
Document Type
Final Hearing Sworn Testimony Form
The final judgment must include each child's full name and date of birth.
F.J.: Children's FIJLL Name, date of birth;
Document Type
Final Judgment
The final judgment must state the recipient of any State Disbursement Unit payment and, if the child support amount differs from the guidelines by less or more than five percent, must specifically explain the reason for possible future modifications.
of payment to SDU; if amount is less or more than 5% of guidelines m:ust "speciallll' state why because future modifications;
Document Type
Final Judgment Child Support Provision
A Parenting Certificate for the wife and husband is required under the cited Marriage and Paternity Local Rule and section 61.21.
Parenting Certificate _Wife _Husband; Marriage & Patemity Local Rule No: 07-98-37; Sect' 61.21;
Document Type
Parenting Certificate
The final judgment's child support provision must state the recipient's name, the address where payments are to be sent, and the child support amount.
F.J.: Child Support: must contain recipient's name, address where to send money, child support amount,
Document Type
Final Judgment Child Support Provision
The Vital Statistics form is required for marriage cases, and Form HD 673 is required in paternity cases.
Vital Statistics form fot Marriage, & in Paternity case form HD 673;
Document Type
Vital Statistics Form
The filing packet must include the final judgment, copies, and stamped addressed envelopes.
Final Judgment, copies and stamped addressed envelopes;
Document Type
Final Judgment Packet
The Final Disposition form, identified as Form 1998 for Marriage and Paternity, is required.
Final Disposition form - Form 1'998; Marriage & Patemity;
Document Type
Final Disposition Form
A Child Support Guidelines Worksheet under Rule 12.2850 is required, and its amount must agree with the final judgment and income deduction order amounts, with any agreement amount stated.
chitd support Guidelines worl<sheet; Rule12.2850 the amount here agrees with F.J. and I.D.O. amount: $ agreement states $
Document Type
Child Support Guidelines Worksheet
A marital settlement agreement signed by both parties is required.
Marital Settlement Agreement; both parties have signed it;
Document Type
Marital Settlement Agreement
A financial affidavit is required when the case involves a minor child or alimony; otherwise, an affidavit stating the other parent's income to the best of the filer's knowledge is required.
Financial Af./idavit of _Wife Husband - only required when a minor child or alimony case; OR an _ - affidavit as to the other parent's income to the best of their knowledge;
Document Type
Financial Affidavit Or Income Affidavit
The checklist must be completed when submitting a mail-in final judgment packet.
This checklist must be completed when submitting a mail in Final Judgment packet.
Document Type
Final Judgment Packet
In child support cases with minor children, only the custodial parent must submit the Notice of Social Security Number form for both parents and the children, using Family Law Form 12.901(i); social security numbers must not appear in other writings.
"Notice of Social Security Number" by custodial parent ONLY in chitd surrport cases for both parents and child(ren); S.S. numbers are not to be in any writing except this form; use Fam. Law Form 12.901(i);
Document Type
Notice Of Social Security Number
A Florida driver's license issued within six months before filing must be attached.
Ftorida driver's is attached; issued 6 months prior to filing;
Document Type
Drivers License
The motion for a written ex parte final hearing and waiver of hearing must be signed by the husband and wife.
Motionfor Wri en Ex Pdrte Final Hearing & Waiver of Hearirag signed by Husband & :- Wife;
Document Type
Motion For Written Ex Parte Final Hearing And Waiver
Counsel presenting remote witness testimony must arrange proper oath administration and a method for witnesses to review trial exhibits.
Counsel seeking to present remote witness testimony must make arrangements to ensure that an oath can properly be administered under Florida Rule of General Practice and Judicial Administration 2.530(b)(2)(B) and to coordinate a method by which witnesses can review any exhibits that will be addressed during their testimony.
Document Type
Remote Testimony
A proposed order in Word format should accompany a motion to transfer.
A proposed order in Word format should accompany the motion to transfer.
Document Type
Motion To Transfer
Defense counsel should bring proposed orders for requested expert appointment, unopposed competency or incompetency findings, and other anticipated relief at a competency status hearing.
Defense counsel should bring a proposed order regarding the appointment of a requested expert, any unopposed finding of incompetency (including information regarding placement and/or conditional release terms), any unopposed finding of competency, and any other relief that is expected to be requested at the status.
Document Type
Competency Status Proceeding
A party seeking to update demographic information must complete and return the Request for Name/Address Change and Optional Email Designation Form.
If you need to update your demographic information, please complete and return the following form:
Document Type
Request For Name Address Change And Optional Email Designation Form
Filing & Service rules
Electronic Filing Rules
Motions to transfer a case to another division based on a related case must be submitted to the Administrative Judge by email.
Motions to transfer to another division based on a related case shall be submitted to the Administrative Judge for consideration via email to 19orange@ninthcircuit.org.
Page 5 | A. HEARINGS AND MOTIONS
A document filed electronically does not require a separate paper copy to be filed with the Clerk and Comptroller’s Office.
When you e-File a document you do not need to file a paper copy with the Clerk and Comptroller’s Office.
Page 1 | When you e-File a document
Self-represented parties may electronically file through the state-wide e-filing portal, which is available 24 hours a day, seven days a week.
Are you representing yourself? Did you know that self-represented parties may choose to electronically file documents on line using the state wide e-Filing portal? The portal is open 24 hours a day—7 days a week.
Page 1 | File Your Documents Online!
Filing Timing and Cure Windows
Motions to continue are due by noon on the day before the status hearing.
As with pretrial conference, the Court greatly appreciates and will promptly rule on motions to continue submitted by noon the day before the status hearing.
Page 10 | D. VIOLATION OF PROBATION PROCEEDINGS
If a filing is rejected, the portal notifies the filer by email with the reason, and the filer may correct and resubmit it through the portal.
If a filing is not accepted, you will be notified via your email address with the reason the document is being returned to you. You may log back in to the portal to correct your document and resubmit it.
Page 1 | You will receive two emails from the portal regarding your filing
The motion for final judgment may proceed because the 20-day statutory waiting period from filing has expired.
The waiting period of 20 days (Sect. 61.19, F.S.) from the date of filing has expired.
Page 3 | FINAL HEARING
The portal sends one email when a filing is submitted and another when the filing is accepted.
You will receive two emails from the portal regarding your filing 1. One email when the filing is submitted 2. One email when the filing is accepted
Page 1 | You will receive two emails from the portal regarding your filing
Service and Proof of Service Rules
Immediately upon filing a competency examination motion, counsel must email a copy to the court-designated address and copy opposing counsel.
Upon filing a motion for examination pursuant to Florida Rule of Criminal Procedure 3.210(b), counsel shall immediately send a copy of the motion to 22orange@ninthcircuit.org with opposing counsel copied.
Page 11 | E. COMPETENCY PROCEEDINGS
Filing Fees and Waivers
A $10.50 check for recording is required in marriage cases only.
$10.50 checkfor recordinz; Marriage only;
Page 1 | UNCONTESTED CHECKLIST
A $10.50 check must be included for recording the final judgment.
Check for $10.50 for recording of final judgment;
Page 3 | FINAL HEARING
Any fees due in connection with the filing may be paid by credit card or electronic check through the portal's payment tab.
On the payment tab, you may pay any fees that may be due. You may pay by credit card or electronic check.
Page 1 | How do I access the E-Filing Portal?
Courtesy Copy Requirements
Defense counsel must email a courtesy copy of a speedy-trial demand or notice of expiration immediately upon filing.
Defense counsel shall send a courtesy copy of a demand for speedy trial or notice of expiration of the time for speedy trial to bvelez@ninthcircuit.org immediately upon filing the notice or demand.
Page 8 | B.4.a. Calendar Calls on Speedy Trial Demands and Hearings on Notices of Expiration
Pre-Motion Conference Requirements
Counsel must review the Uniform Trial Order and any Case Management Order for pre-motion or pre-hearing conferral requirements.
Counsel shall review Section IV(C) of the Uniform Trial Order as well as any Case Management Order for pre-motion or pre-hearing conferral requirements.
Page 5 | A. HEARINGS AND MOTIONS
Adjournment & Extension Requirements
A written motion to continue must be emailed to the Court by 5:00 p.m. the Monday before pretrial and must state the opposing party’s position and describe good cause with detail proportionate to prior continuance requests.
Motions to Continue must be made in writing and the Motion must be provided to the Court at 22orange@ninthcircuit.org by 5:00 p.m. the Monday before Pretrial. The Motion must include the opposing party’s position and describe the good cause for the continuance in appropriate detail based on the number of prior continuances.
Page 7 | B.2.f. Motions to Continue
A motion to continue should be submitted by noon on the day before the status hearing, state the opposing party’s position and good cause, and include a proposed order in Word format.
As with pretrial conference, the Court greatly appreciates and will promptly rule on motions to continue submitted by noon the day before the status hearing. The motion must include the opposing party’s position and describe the good cause for the continuance. A proposed order in Word format should accompany the motion.
Page 10 | D. VIOLATION OF PROBATION PROCEEDINGS
Chambers Communication Rules
Hearings not set in open court must be scheduled by emailing the Judicial Assistant with all counsel copied.
Hearings that are not set in open court shall be scheduled by emailing the Judicial Assistant at 22Orange@Ninthcircuit.org with all counsel 1 copied on the email.
Page 3 | A. HEARINGS AND MOTIONS — 1. Setting of Hearings
A party filing a motion for rehearing, reconsideration, or a new trial must immediately email a copy of the motion to the court.
Upon filing a motion for rehearing, reconsideration, or a new trial, the party filing the motion must immediately email a copy of the motion to 22orange@ninthcircuit.org.
Page 5 | A. HEARINGS AND MOTIONS
Defense counsel seeking a plea date and time must notify the Judicial Assistant by email of the intent to plead before noon the day before the pretrial conference.
Defense Counsel who request a date and time for a plea and notify the Judicial Assistant, via email at 22orange@ninthcircuit.org , of an intent to plea prior to noon the day before pretrial are excused from the Pretrial Conference and will be provided a plea date and time by the Judicial Assistant.
Page 6 | B. PRETRIAL CONFERENCES AND CASE MANAGEMENT CONFERENCES
If new dates have not been set, the State must promptly email the court with defense counsel copied or file a motion requesting new dates.
In that situation, the State shall promptly email 22orange@ninthcircuit.org with defense counsel copied, to raise the need for new dates or shall file a motion requesting new dates.
Page 6 | B. PRETRIAL CONFERENCES AND CASE MANAGEMENT CONFERENCES
Counsel must email the Judicial Assistant as soon as an interpreter is needed for a defendant or witness appearing at a trial, hearing, or other proceeding.
Counsel shall notify the Judicial Assistant at 22orange@ninthcircuit.org of requests for interpreters for defendants or witnesses for trial, hearings, or other proceedings as soon as the need for an interpreter or interpreters becomes known.
Page 12 | F. MISCELLANEOUS MATTERS
A participant may appear by videoconference at a non-evidentiary proceeding without a formal motion or order by notifying the Judicial Assistant by email in advance.
Videoconference appearance is permitted at non-evidentiary proceedings without the need for a formal motion or order to the extent allowed by law, provided that the attorney, party, or other participant notifies the Judicial Assistant by email to bvelez@ninthcircuit.org of the remote appearance in advance.
Page 4 | A. HEARINGS AND MOTIONS — 3. Videoconference Appearance
Transportation for an in-custody defendant to attend a pretrial conference requires a specific request at least 48 hours in advance by email.
In-custody defendants will not be transported for pretrial conference unless transport is specifically requested 48 hours in advance at 22orange@ninthcircuit.org .
Page 6 | B. PRETRIAL CONFERENCES AND CASE MANAGEMENT CONFERENCES
Defense counsel may be excused from the pretrial conference if requesting a trial and emailing notice of the intent to leave the trial set to the Judicial Assistant before noon on the preceding day.
Defense Counsel who request a trial and notify the Judicial Assistant, via email at 22orange@ninthcircuit.org, of an intent to leave a case set for trial prior to noon the day before pretrial are excused from the Pretrial Conference and will be provided a trial case management date and time by the Judicial Assistant.
Page 7 | B.2.e. Trials
If no order setting a speedy-trial calendar call or expiration hearing issues by 5:00 p.m. on the next business day, the Assistant State Attorney must email the Judicial Assistant and copy the defense.
If an order setting the calendar call or hearing is not issued by 5:00 p.m. on the next business day after the filing of the demand or notice, the Assistant State Attorney shall email bvelez@ninthcircuit.org with the defense copied regarding the matter.
Page 8 | B.4.b. Calendar Calls on Speedy Trial Demands and Hearings on Notices of Expiration
A party may request an additional case-management conference by email and must identify the matters to be addressed.
If any party believes that a further case management conference would assist in the progress of the case towards trial, the party may submit an email request for a case management conference to 22orange@ninthcircuit.org identifying the matters to be addressed at the case management conference.
Page 8 | B.5.b. Other Case Management Conferences
Questions about filing may be directed to the Orange County Clerk of Court online or by telephone at 407-836-2000.
Still have questions about your filing? Contact the Orange County Clerk of Court online at www.myorangeclerk.com or call 407-836-2000
Page 1 | Still have questions about your filing?