Adjournments
- A continuance motion based on witness unavailability, filed after the parties select a hearing date without first checking the witness's availability, may be denied.
- If a party has already received a trial continuance, any further continuance motion must be set for hearing.
- A continuance motion must describe prior continuances and state the reason for the requested continuance.
- +1 more
Request must include
Communication
Chambers
Document Format Requirements1 rule
Motions for continuance shall be in writing and filed prior to the pretrial date.
- Continuance motions
Formatting
- •The motion must be in writing
Document Filing Requirements7 rules
Motion to suppress, motions in limine, and motions to exclude evidence shall clearly set forth the evidence sought to be suppressed or excluded, the specific reasons for the suppression, and a general statement of facts in the supporting allegations.
- Document
- Motion to suppress motion in limine motion to exclude evidence
Must include
- •Statement of facts
Boiler-plate motions or motions devoid of specific supporting allegations will be stricken as legally insufficient.
In the event that a motion is required, the party filing the motions shall indicate that the parties met and conferred, and no resolution was reached or that the other party was unable to be contacted after due diligence.
No notice of cancellation will be accepted by this office unless 1) the pending pleading is withdrawn; or 2) the pending pleading is rescheduled.
The exchange of mandatory disclosure must be accompanied by the filing of a certificate of compliance.
Court's wording
Pursuant to Florida Family Law Rule 12.285(b)(2), mandatory disclosure must be exchanged within 45 days of serving the initial pleading, accompanied by the filing of a certificate of compliance as required by Rule 12.285(j).
It is the responsibility of the moving party to contact the judge's assistant to advise of the cancellation AND file a notice of cancellation in the court file.
This includes a financial affidavit.
Filing & Service rules
Filing Timing and Cure Windows
Motions to suppress, motions in limine requiring an evidentiary hearing, and motions to exclude must be filed at least seven days before the final pretrial hearing.
All motions to suppress, motions in limine requiring an evidentiary hearing, and motions to exclude shall be filed and served upon opposing counsel at least seven (7) days prior to the final pretrial hearing.
Criminal cases
Page 1 | MOTIONS AND HEARINGS
Continuance motions must be filed before the pretrial date.
Motions for continuance shall be in writing and filed prior to the pretrial date.
Criminal cases
Page 1 | MOTIONS FOR CONTINUANCE
Motions to complete discovery should be filed within 10 days after the incomplete discovery was provided.
Motions to complete discovery should be filed within 10 days after the incomplete discovery was provided.
Criminal cases
Page 1 | DISCOVERY MOTIONS
Motions to compel discovery should be filed within 10 days after the discovery should have been produced.
Motions to Compel Discovery should be filed within 10 days after the discovery should have been produced.
Criminal cases
Page 1 | DISCOVERY MOTIONS
The moving party is responsible for having a filed motion heard in a timely manner.
If a motion is filed in a case, it is incumbent upon the moving party to have the motion heard in a timely manner.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
The failure to request a hearing on your motion within 30 days after it is filed may result in the motion being denied without prejudice.
The failure to request a hearing on your motion within 30 days after it is filed may result in the motion being denied without prejudice.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
Service and Proof of Service Rules
These motions must be served on opposing counsel at least seven days before the final pretrial hearing.
All motions to suppress, motions in limine requiring an evidentiary hearing, and motions to exclude shall be filed and served upon opposing counsel at least seven (7) days prior to the final pretrial hearing.
Criminal cases
Page 1 | MOTIONS AND HEARINGS
For an emergency hearing, the parties must exchange witness lists and exhibits within 24 hours.
In the event of an emergency hearing, the parties shall exchange witness lists and exhibits within 24 hours.
Page 2 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
Parties seeking temporary financial relief must exchange disclosure under Rule 12.285(b)(1).
Parties seeking temporary financial relief must exchange disclosure pursuant to rule 12.285(b)(1).
Page 2 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
Mandatory disclosure must be exchanged within 45 days after service of the initial pleading.
Pursuant to Florida Family Law Rule 12.285(b)(2), mandatory disclosure must be exchanged within 45 days of serving the initial pleading, accompanied by the filing of a certificate of compliance as required by Rule 12.285(j).
Page 2 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
The parties must exchange witness lists and exhibits within 7 calendar days of an evidentiary hearing.
Prior to any evidentiary hearing, the parties shall exchange witness lists and exhibits within 7 calendar days of the hearing.
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Pre-Motion Conference Requirements
The parties must meet and confer before filing a motion.
Parties shall meet and confer prior to the filing of motions.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
Adjournment & Extension Requirements
If a party has already received a trial continuance, any further continuance motion must be set for hearing.
If a party has already been granted a prior continuance of the trial, any further motion for continuance must be set for hearing.
Criminal cases
Page 1 | MOTIONS FOR CONTINUANCE
A continuance motion must describe prior continuances and state the reason for the requested continuance.
Any motion for continuance shall include a description of prior continuances of the case and reason for the continuance.
Criminal cases
Page 1 | MOTIONS FOR CONTINUANCE
A continuance motion based on witness unavailability, filed after the parties select a hearing date without first checking the witness's availability, may be denied.
Any motions to continue based upon witness unavailability filed after the hearing date has been selected by the parties may be denied if no effort was made to confer with the witness prior to scheduling the hearing to ascertain their availability.
Criminal cases
Page 1 | MOTIONS AND HEARINGS
The parties may agree in writing to extend the disclosure-exchange deadline; absent such an agreement, noncompliance may lead to an order to show cause.
In the event this Court determines that Rule 12.285 has not been complied with, and the parties have not agreed in writing to an extension for the exchange of disclosure, this Court may issue an order show cause why the matter should not be dismissed or default entered against the noncompliant party, or both.
Page 2 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
Chambers Communication Rules
Coordinate hearings by email with the judge's assistant, copy opposing counsel or the pro se party, and coordinate the date and time with opposing counsel and the Court's availability; dates are confirmed first come, first served.
All hearings must be coordinated through the judge's assistant via email. When requesting a hearing date, please email the judge's assistant at schnieder.mille@jud3.flcourts.org and copy opposing counsel and/or the pro se party. Hearing dates will be confirmed on a first come first served basis via email. The moving party MUST coordinate the date/time with opposing counsel and based on Court's availability.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
To cancel a hearing, contact the judge's assistant; if it concerns the opposing party's motion or petition, first ask that party whether they agree to cancellation.
If you want to cancel a hearing, contact the judge's assistant. If you want to cancel a hearing on the opposing party's motion or petition, contact the opposing party first to determine whether he/she will agree to the cancellation.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
The moving party must notify the judge's assistant of a cancellation and file a notice of cancellation in the court file.
It is the responsibility of the moving party to contact the judge's assistant to advise of the cancellation AND file a notice of cancellation in the court file.
Page 2 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
For scheduling or general inquiries to the Judge's office, use the form provided below.
For scheduling or general inquiries to the Judge's office, please fill out the form below.
Page 1 | Preferences and Procedures
For matters typically held in person, parties who both agree to a Zoom hearing must request it in writing from the judicial assistant; the Court decides whether to grant the request.
If parties are seeking a Zoom hearing for matters that are typically held in-person, and both parties agree to a Zoom hearing, the parties shall request a Zoom hearing in writing to the Court's judicial assistant. The Court will then determine whether or not to grant the request.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION
The moving party should email the filed hearing request and motion to the judge's assistant for scheduling.
A copy of the filed request for hearing and motion should be emailed to the judge's assistant for scheduling.
Page 1 | DIVISION PROCEDURES FOR FAMILY LAW DIVISION