Judge Sonia Henriques McDowell
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Demand For Speedy Trial, 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 continuance request must be made in writing, with forms available for requests made at pretrial conference.
- A motion to continue must state the opposing party’s position and describe good cause with detail appropriate to the number of prior continuances.
Request must include
- A motion to continue a status hearing should be submitted 48 hours before the hearing, state the opposing party’s position, and describe the good cause for the requested continuance.
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements4 rules
When neither party requests a bond hearing, the proposed order submitted with the motion must be in Word format.
c. When permitted by law, the Court may decide bond motions on the papers without a hearing if the parties agree that a hearing is not necessary. 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 12orange@ninthcircuit.org.
The proposed order accompanying a motion to transfer should be submitted in Word format.
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. 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.
The proposed order accompanying a motion to continue should be submitted in Word format.
A proposed order in Word format should accompany the motion.
DOCX
Document Filing Requirements8 rules
When counsel in good faith believes another motion or matter needs an expedited hearing, counsel must note that request in the hearing request to the Judicial Assistant.
e. The Court will set bond hearings and plea hearings expected to release the defendant from custody on an expedited basis. If counsel believes in good faith that another motion or matter requires an expedited hearing, the request for an expedited hearing shall be noted in the hearing request to the Judicial Assistant.
Document Type
Hearing Request
The movant must wait for Judicial Assistant confirmation and then file a notice of hearing.
d. The movant must file a notice of hearing after the hearing confirmation is received from the Judicial Assistant.
Document Type
Notice Of Hearing
If neither party requests a bond hearing, defense counsel must send a proposed order in Word format with the motion to the Judicial Assistant's email address.
c. When permitted by law, the Court may decide bond motions on the papers without a hearing if the parties agree that a hearing is not necessary. 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 12orange@ninthcircuit.org.
Document Type
Bond Motion
The Assistant State Attorney must submit a proposed transport order when a proceeding requires a defendant held in another county to appear.
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
Proposed Transport Order
The Assistant State Attorney must submit a proposed writ of habeas corpus ad prosequendum when a proceeding requires a federal-custody defendant to appear.
The Assistant State Attorney shall submit a proposed writ of habeas corpus ad prosequendum when the presence of a defendant in federal custody is required for a proceeding.
Document Type
Proposed Writ Of Habeas Corpus Ad Prosequendum
A motion to transfer based on a related case must be emailed to the Administrative Judge and should be accompanied by a proposed order in Word format.
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. A proposed order in Word format should accompany the motion to transfer.
Document Type
Motion To Transfer
A proposed order in Word format should accompany a motion to continue.
A proposed order in Word format should accompany the motion.
Document Type
Motion
Defense counsel should bring proposed orders addressing requested expert appointment, unopposed competency or incompetency findings, placement or release terms, and other relief expected at the 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
Filing & Service rules
Filing Timing and Cure Windows
A motion to continue filed less than 48 hours before pretrial may not be ruled on before the hearing, and the parties must attend or arrange coverage.
However, Motions to Continue filed less than 48 hours before pre-trial may not be ruled on prior to the hearing, and parties must attend or arrange coverage.
Page 8 | C. PRETRIAL CONFERENCE
Waivers of arraignment filed less than 48 hours before the arraignment time should be provided to the Court by email.
Any waivers of arraignment filed less than 48 hours from that time should be provided to the Court via email to ensure a capias is not issued.
Page 7 | B. RECURRING SCHEDULED HEARINGS
Service and Proof of Service Rules
Counsel must immediately email a copy of a competency-examination motion to 12orange@ninthcircuit.org 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 12orange@ninthcircuit.org with opposing counsel copied.
Page 12 | G. COMPETENCY PROCEEDINGS
Courtesy Copy Requirements
Defense counsel must email a courtesy copy of a speedy-trial demand or notice of expiration immediately upon filing it.
Defense counsel shall send a courtesy copy of a demand for speedy trial or notice of expiration of the time for speedy trial to 12orange@ninthcircuit.org immediately upon filing the notice or demand.
Page 13 | H. MISCELLANEOUS MATTERS — 1. Calendar Calls on Speedy Trial Demands and Hearings on Notices of Expiration
Pre-Motion Conference Requirements
Counsel are expected to confer in good faith to resolve or narrow disputes before a hearing, and failure to do so may result in cancellation, summary denial, or sanctions.
The Court expects counsel to comply with their obligation to communicate in a good faith effort to resolve or narrow disputes before the hearing. If counsel needlessly consume hearing time or otherwise delay, frustrate, or obstruct the proceedings by failing to confer in good faith, the Court may cancel the hearing, summarily deny the motion, or impose appropriate sanctions on counsel.
Page 6 | 6. Pre-Motion Conferral
Adjournment & Extension Requirements
A motion to continue must state the opposing party’s position and describe good cause with detail appropriate to the number of prior continuances.
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 8 | C. PRETRIAL CONFERENCE
A continuance request must be made in writing, with forms available for requests made at pretrial conference.
Motions to continue must be made in writing, and forms are available for completion if the continuance is being requested at pretrial conference.
Page 8 | C. PRETRIAL CONFERENCE
A motion to continue a status hearing should be submitted 48 hours before the hearing, state the opposing party’s position, and describe the good cause for the requested continuance.
As with pretrial conference, the Court greatly appreciates and will promptly rule on motions to continue submitted 48 hours before the status hearing. The motion must include the opposing party’s position and describe the good cause for the continuance.
Page 11 | F. VIOLATION OF PROBATION PROCEEDINGS
Chambers Communication Rules
Hearings not already set in open court must be scheduled by emailing the Judicial Assistant and copying all counsel.
a. Hearings that are not set in open court shall be scheduled by emailing the Judicial Assistant at 12orange@ninthcircuit.org with all counsel 1 copied on the email.
Page 3 | A. HEARINGS AND MOTIONS — 1. Setting of Hearings
Counsel must immediately notify the Court of any hearing conflict or other unavailability so the Court can determine whether an alternative date or time is available.
Counsel shall immediately notify the Court of any conflict or other unavailability to determine whether an alternate hearing date and/or time is available.
Page 4 | A. HEARINGS AND MOTIONS — 1. Setting of Hearings
A party filing a motion for rehearing, reconsideration, or new trial must immediately email a copy 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 12orange@ninthcircuit.org.
Page 6 | 8. Hearings on Motions for Rehearing, Reconsideration or New Trial
If no dates have 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 12orange@ninthcircuit.org, with defense counsel copied, to raise the need for new dates or shall file a motion requesting new dates.
Page 7 | B. RECURRING SCHEDULED HEARINGS
Before seeking hearing confirmation, the parties must select an available hearing, agree on a time with opposing counsel, and then request confirmation by email from the Judicial Assistant.
The parties must first coordinate a hearing by going to the Judge’s calendar page (https://calendar.ninthcircuit.org/Calendar/Orange/1616), which is linked from the Judge’s bio page, selecting available hearings, and agreeing on a time with opposing counsel. Once the time is agreed to, you should seek a hearing confirmation via email from the judicial assistant.
Page 3 | A. HEARINGS AND MOTIONS — 1. Setting of Hearings
Where otherwise allowed by law, a participant may appear by videoconference at a non-evidentiary proceeding without a formal motion or order but must notify the Judicial Assistant by email in advance.
a. 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 12orange@ninthcircuit.org of the remote appearance in advance.
Page 4 | A. HEARINGS AND MOTIONS — 3. Videoconference Appearance
Counsel must email the Judicial Assistant about interpreter needs for defendants or witnesses as soon as those needs become known.
Counsel shall notify the Judicial Assistant at 12orange@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 14 | H. MISCELLANEOUS MATTERS — 4. Interpreters
Email is the preferred form of communication.
EMAIL IS PREFERRED FORM OF COMMUNICATION
Page 1 | DIVISION 12 PROCEDURES
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 12orange@ninthcircuit.org identifying the matters to be addressed at the case management conference.
Page 13 | H. MISCELLANEOUS MATTERS — 2. Other Case Management Conferences