Judge Vincent S. Chiu
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 motion for continuance must state the reasons for the requested continuance, and the signature certifies that the motion is made in good faith.
- A continuance motion must state whether the non-moving party objects and, if it objects, specify the basis for the objection.
- A continuance motion must state its basis, and the requesting signature certifies that the motion is made in good faith.
- +2 more
Request must include
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements3 rules
When a bond motion may be resolved without a hearing, the proposed order must be prepared in Word format and sent to the Judicial Assistant with the motion.
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 11orange@ninthcircuit.org.
DOCX
The proposed order accompanying a motion to transfer must be submitted in Word format.
A proposed order in Word format should accompany the motion to transfer.
DOCX
The proposed order accompanying a motion to continue must be submitted in Word format.
A proposed order in Word format should accompany the motion to continue.
DOCX
Document Filing Requirements16 rules
The joint pretrial statement must be signed by both parties and submitted by noon on the scheduled pretrial conference day.
THIS STATEMENT MUST BE SIGNED BY BOTH PARTIES AND SUBMITTED NO LATER THAN NOON ON THE DAY OF THE SCHEDULED PRETRIAL CONFERENCE
Document Type
Joint Pretrial Statement
Both parties must sign the joint pretrial statement, which must be submitted by noon on the scheduled pretrial conference day.
THIS STATEMENT MUST BE SIGNED BY BOTH PARTIES AND SUBMITTED NO LATER THAN NOON ON THE DAY OF THE SCHEDULED PRETRIAL CONFERENCE
Document Type
Joint Pretrial Statement
A hearing request must include the case information, motion details, attached file-stamped motion, requested hearing duration, opposing counsel's position or unsuccessful conferral confirmation, and any virtual-attendance request.
The hearing request must include: Case number and style Title of the motion(s) to be heard and the date the motion was filed File-stamped copy of the motion attached Amount of time requested for the hearing Position of opposing counsel, if available, or confirmation that a conferral attempt was made without response Any request for virtual attendance
Document Type
Hearing Request
If a bond motion in a case with an alleged victim is resolved without a hearing, the State must provide the alleged 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 State must, in a written submission, (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
If neither party requests a bond hearing, defense counsel must send a proposed order in Word format with the motion to the Judicial Assistant.
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 11orange@ninthcircuit.org.
Document Type
Bond Motion
Videoconference testimony 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
Motion For Videoconference Testimony
When discovery responses are facially untimely, counsel may submit the file-stamped motion to compel and a proposed order directing a response within 14 days without requesting other relief.
Counsel may submit the file-stamped motion to compel and a proposed order to Chambers directing a response within 14 days and awarding no other relief.
Document Type
Proposed Order
In that situation, the State must promptly email 11orange@ninthcircuit.org, copying defense counsel, to raise the need for new dates, or file a motion requesting new dates.
In that situation, the State shall promptly email 11orange@ninthcircuit.org, with defense counsel copied, to raise the need for new dates or shall file a motion requesting new dates.
Document Type
Motion Requesting New Dates
Pretrial conferences must use the form, and the court will not hold hearings for them.
ALL PRE-TRIAL CONFERENCES SHALL BE CONDUCTED USING THE FORM. THE COURT WILL NOT HOLD HEARINGS ON PRE-TRIAL CONFERENCES.
Document Type
Pretrial Conference
The joint pretrial form must be signed by both parties before it is submitted.
THE FORM MUST BE SIGNED BY BOTH PARTIES BEFORE SUBMISSION.
Document Type
Joint Pre Trial Form
In-person attendance is required at trial case management unless the court waives the defendant’s appearance; any virtual appearance requires a motion and advance order granting leave.
The defendant and counsel are required to appear in person at trial case management, and the defendant’s appearance may not be waived absent court order. Virtual appearance by the defendant or counsel will be permitted only if a motion is filed and an order granting leave is entered in advance.
Document Type
Motion
When a defendant in another county’s custody must attend a proceeding, the Assistant State Attorney must submit a proposed transport order.
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
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
If the opposing party is unavailable and absent by 11:00 a.m., a party may submit a unilaterally signed form and must explain its attempts to confer.
If the opposing party is not available prior to the Pre-Trial Conference date and is not present at the Pre-Trial Conference by 11:00 a.m., either party may then submit a unilaterally signed form in the designated inbox in Courtroom 12D. The submitting party shall articulate the attempts made to confer with the opposing party.
Document Type
Joint Pre Trial Form
A motion to continue should be accompanied by a proposed order in Word format.
A proposed order in Word format should accompany the motion to continue.
Document Type
Motion To Continue
Defense counsel should bring a proposed order addressing expert appointment, unopposed competency findings, placement or release terms, and other expected relief 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
Proposed Order
Filing & Service rules
Electronic Filing Rules
A party may email the form before the pretrial conference to request excusal from conference attendance.
The parties may submit the form by email prior to the Pre-Trial Conference to be excused from attendance at the Pre-Trial Conference.
Page 1 | Joint Pretrial Statement
Filing Timing and Cure Windows
The joint pretrial statement must be submitted no later than noon on the scheduled pretrial conference day.
THIS STATEMENT MUST BE SIGNED BY BOTH PARTIES AND SUBMITTED NO LATER THAN NOON ON THE DAY OF THE SCHEDULED PRETRIAL CONFERENCE
Page 1 | Joint Pretrial Statement
The movant must file a notice of hearing only after receiving the Judicial Assistant's hearing confirmation.
The movant must file a notice of hearing after the hearing confirmation is received from the Judicial Assistant.
Page 3 | A. Hearings and Motions, 1. Setting of Hearings
Counsel unable to submit the form by 4:30 p.m. the prior day must attend in person and submit it by 11:00 a.m. on the conference day.
If counsel is unable to complete the form by 4:30 p.m. on the day prior to the scheduled pretrial conference, counsel must attend the pretrial conference in person and submit the Form on the day of the pretrial conference in the designated inbox in Courtroom 12D no later than 11:00 a.m.
Page 7 | 2. Pretrial Conferences
If counsel cannot complete the Joint Pre-Trial Form by 4:30 p.m. the day before the conference, counsel must attend in person and submit the form by 11:00 a.m. on the conference day.
If counsel is unable to complete the form by 4:30 p.m. on the day prior to the scheduled pretrial conference, counsel must attend the pretrial conference in person and submit the Form on the day of the pretrial conference in the designated inbox in Courtroom 12D no later than 11:00 a.m.
Page 1 | PAPER PRE-TRIAL CONFERENCE PROCEDURES
Counsel are strongly encouraged to submit the joint pretrial form by close of business on the day before the pretrial conference.
COUNSEL ARE STRONGLY ENCOURAGED TO COMPLETE AND SUBMIT THE FORM BY CLOSE OF BUSINESS THE DAY BEFORE THE PRETRIAL CONFERENCE.
Page 7 | 2. Pretrial Conferences
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 11orange@ninthcircuit.org immediately upon filing the notice or demand.
Page 8 | 4. Calendar Calls on Speedy Trial Demands and Hearings on Notices of Expiration
Pre-Motion Conference Requirements
Discovery motions must be set for hearing, submitted with an agreed order, or submitted under Section A(4)(b); merely filing the motion is insufficient.
Discovery motions, including, but not limited to, motions to compel, to quash, or for protective order, must be set for hearing, submitted with an agreed order, or submitted pursuant to Section A(4)(b) below to bring the matter to the Court’s attention. The mere filing of a discovery motion is insufficient to obtain the requested relief.
Page 5 | A. Hearings and Motions
A hearing with appropriate notice is required when a discovery motion seeks other relief, such as contempt or sanctions.
If other relief, such a finding of contempt or sanctions, is requested, a hearing on the motion must be scheduled with appropriate notice.
Page 5 | A. Hearings and Motions
A hearing may not be set for a motion for rehearing, reconsideration, or new trial without a court order.
No party may set a hearing on a motion for rehearing, reconsideration, or a new trial without court order.
Page 6 | A. Hearings and Motions
Counsel must review the Uniform Trial Order and any Case Management Order for applicable 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 6 | A. Hearings and Motions
Adjournment & Extension Requirements
A continuance motion must state whether the non-moving party objects and, if it objects, specify the basis for the objection.
The non-moving party ___ does ___ does not object (specify basis for objection)
Page 1 | JOINT PRETRIAL STATEMENT
A motion for continuance must state the reasons for the requested continuance, and the signature certifies that the motion is made in good faith.
The __ State __ Defendant moves for a continuance of __ docket(s) for the reasons stated below (must provide basis - signature below certifies that the motion is made in good faith):
Page 1 | JOINT PRETRIAL STATEMENT
A continuance motion must state its basis, and the requesting signature certifies that the motion is made in good faith.
4. The __ State __ Defendant moves for a continuance of __ docket(s) for the reasons stated below (must provide basis - signature below certifies that the motion is made in good faith):
Page 1 | Joint Pretrial Statement
A motion to continue submitted before the scheduled status hearing must state the opposing party’s position and describe good cause, and should include a proposed order in Word format.
As with pretrial conference, the Court greatly appreciates and will promptly rule on motions to continue submitted before the scheduled 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 to continue.
Page 11 | D. Violation of Probation Proceedings
A continuance request does not require a separate motion and proposed order.
A separate motion and proposed order are not necessary for continuance requests.
Page 7 | 2. Pretrial Conferences
Chambers Communication Rules
Hearings not set in open court must be scheduled by emailing the Judicial Assistant and copying all counsel.
Hearing that are not set in open court shall be scheduled by emailing the Judicial Assistant at 11orange@ninthcircuit.org with all counsel 1 copied on the email.
Page 3 | A. Hearings and Motions, 1. Setting of Hearings
A participant may appear by videoconference at a non-evidentiary proceeding without a formal motion or order if the Judicial Assistant is notified 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 11orange@ninthcircuit.org of the remote appearance in advance.
Page 4 | A. Hearings and Motions, 3. Videoconference Appearance
If trial-related dates have not been set, the State must promptly email 11orange@ninthcircuit.org with defense counsel copied or file a motion requesting new dates.
In that situation, the State shall promptly email 11orange@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
A party filing a motion for reconsideration or new trial must immediately email a copy to 11orange@ninthcircuit.org.
Upon filing a motion for reconsideration or a new trial, the party filing the motion must immediately email a copy of the motion to 11orange@ninthcircuit.org.
Page 6 | A. Hearings and Motions
A motion to transfer a case to another division based on a related case must be emailed to the Administrative Judge at 19orange@ninthcircuit.org for consideration.
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 6 | A. Hearings and Motions
A party may request an additional case-management conference by email identifying 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 11orange@ninthcircuit.org identifying the matters to be addressed at the case management conference.
Page 8 | 5. Other Case Management Conferences