Judge Elizabeth G. Rice
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Pro Se filings
- Email • After Filing
Chambers Copy
Court-wideCourtesy copies
Court-wideAdjournments
Court-wideRequest must include
Communication
Chambers
Clerk
Clerk
Clerk
Phone
Court-wideChambers
Document Format Requirements1 rule
Trial exhibits must be sequentially pre-marked and Bates-numbered on every page.
Exhibits shall be pre-marked sequentially and each page of an exhibit bates numbered.
Document Filing Requirements5 rules
Defense counsel must file the applicable PTI proposed stipulated order with special conditions and the reporting date completed.
Defense Counsel shall then file the appropriate PTI Proposed Stipulated Order [In or Out of Custody] filled out entirely with special conditions and reporting date included.
Document Type
Pti Proposed Stipulated Order
The proposed order in an agreed probation-termination motion must be titled as an agreed or stipulated order and include the specified no-objection recital.
Represented Defendants filing “agreed” motions to terminate probation may upload to the Court’s JAWS work queue through the E-Portal a proposed order including in the title of the order that it is an agreed or stipulated order AND including in the body of the order that "Counsel for Defendant has conferred with the State and the Department of Corrections, and neither party has an objection to the relief requested."
Document Type
Proposed Order
The listed PTI forms must be completed and filed in the court file.
Required Forms. For ease in reference, the following is a list of all forms that must be completed and filed in the court file and are available on the Thirteenth Judicial Circuit Website Forms page at https://www.fljud13.org/Resources/Forms under “CIRCUIT – CRIMINAL JUSTICE AND TRIAL”:Out of Custody PTI Stipulated Order In Custody PTI Stipulated Order with ROR PTI Address Verification Instructions PTI Reporting Instructions
Document Type
Pti Required Forms
When filing a bond motion, defense counsel must also file a written “Waiver of Defendant’s Presence,” unless Defendant’s presence is specifically requested at the hearing.
At the time the bond motion is filed, defense counsel also shall file a written “Waiver of Defendant’s Presence,” unless Defendant’s presence is specifically requested at the hearing.
Document Type
Waiver Of Defendants Presence
An evidentiary Notice of Hearing must identify the hearing as evidentiary and state its length.
If the hearing is evidentiary, the Notice of Hearing must specifically state the hearing is evidentiary. The Notice of Hearing also must include the length of the hearing (i.e., HEARING LENGTH: 30 minutes).
Document Type
Notice Of Hearing
Filing & Service rules
Electronic Filing Rules
Evidence of the State’s and probation officer’s agreement must be uploaded concurrently as an attachment or cover letter.
Defense counsel shall contemporaneously upload the email or other document indicating the State’s and the Probation Officer's agreement either as an attachment to the motion or in the space designated for cover letters.
Page 1 | Terminations or Modifications of Community Control or Probation.Represented Defendants
The PTI proposed stipulated order must be submitted electronically through the E-Portal after filing when agreed by the parties.
After the Stipulated Order is filed, defense counsel shall submit the PTI Proposed Stipulated Order to the Court’s JAWS work queue through the E-Portal when agreed.
Page 1 | Procedures for Ex-Parte Relief
At or before jury selection, both parties must file a numbered exhibit list through the E-Portal.
At or before jury selection, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, an Exhibit List with exhibits numbered that correspond to all exhibits that have and are to be marked and introduced into trial.
Page 1 | Exhibits
Both parties must file a trial witness list through the E-Portal when submitting jury instructions.
At the same time jury instructions are submitted, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, a list of the names and addresses of all witnesses who are expected to testify at Defendant’s trial (preferably, in the numerical order in which they are to be called.)
Page 1 | Witness Lists
An agreed motion to terminate probation may be accompanied by an electronically submitted proposed order identifying itself as stipulated and containing the stated no-objection language.
Represented Defendants filing “agreed” motions to terminate probation may upload to the Court’s JAWS work queue through the E-Portal a proposed order including in the title of the order that it is an agreed or stipulated order AND including in the body of the order that "Counsel for Defendant has conferred with the State and the Department of Corrections, and neither party has an objection to the relief requested."
Page 1 | Terminations or Modifications of Community Control or Probation.Represented Defendants
Filing Timing and Cure Windows
The State must email proposed jury instructions by 8:00 a.m. on the Monday of trial week and copy opposing counsel.
The State shall email proposed jury instructions to the Judicial Assistant at the division email no later than 8:00 a.m. on the Monday of the week of trial, being sure to copy opposing counsel.
Page 1 | Jury Instructions
Evidence submitted for pretrial judicial review must be received at least two business days before the hearing.
If either party would like the Court to review any evidence before the hearing (e.g., videos, jail calls, transcripts, etc.), it must be received by the Court no less than two business days before the hearing.
Page 1 | Motion Hearings - 10 Minutes or More or Evidentiary Motions with Witnesses
Defense counsel must submit specially requested, non-agreed jury instructions by the same deadline applicable to the State’s jury instructions.
Counsel for Defendant may submit any specially-requested jury instructions that have not been agreed to by the State at the same time required for the State to provide jury instructions.
Page 1 | Jury Instructions
Parties must file and have all motions except motions in limine heard before the Pretrial Conference; unheard motions are waived and cannot support a continuance, and motions in limine must be filed before the conference.
All motions (other than motions in limine) shall be filed and heard before the Pretrial Conference. All motions not heard before the Pretrial Conference shall be deemed waived and shall not be grounds for a continuance. All motions in limine must be filed before the Pretrial Conference.
Page 1 | Timing of Motions
Legal authority must be received at least three business days before the hearing or the motion may be rescheduled.
If either party has case law or other legal authority they want the Court to consider, the case law and authority must be received by the Court no less than three business days before the hearing. Otherwise, the motion will need to be rescheduled to give the Court a meaningful opportunity to review the authority
Page 1 | Motion Hearings - 10 Minutes or More or Evidentiary Motions with Witnesses
Service and Proof of Service Rules
Both parties must email the witness list to each other, the court, and deputy clerk and file it through the E-Portal with the jury instructions.
At the same time jury instructions are submitted, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, a list of the names and addresses of all witnesses who are expected to testify at Defendant’s trial (preferably, in the numerical order in which they are to be called.)
Page 1 | Witness Lists
Defense counsel must provide the PTI reporting instructions to the defendant.
Finally, defense counsel shall provide the PTI reporting Instructions to Defendant.
Page 1 | Procedures for Ex-Parte Relief
The signed PTI Address Verification Form must be filed and served on the State when the parties have agreed to PTI relief.
If the State and Counsel for Defendant have reached an agreement for PTI, defense counsel shall file the signed PTI Address Verification Form and serve a copy on the State.
Page 1 | Procedures for Ex-Parte Relief
Hearing exhibits must be emailed to the judicial assistant and deputy clerk and provided to opposing counsel at least 48 hours before the hearing.
Exhibits: All exhibits that may be introduced at hearings must be emailed to the Judicial Assistant through the division email (felonydivi@fljud13.org) and to the Deputy Clerk (contact Judicial Assistant for email address) and provided to opposing counsel no less than 48 hours before the scheduled hearing.
Page 1 | Motion Hearings - 5 Minutes or Less & No Witness Testimony (OUT OF CUSTODY DEFENDANTS)
A written bond-reduction motion must be filed with the clerk and emailed to opposing counsel.
A written motion for bond reduction shall be filed with the Clerk of Court and emailed to opposing counsel.
Page 1 | Bond Motions Without Hearing
At or before jury selection, both parties must email the exhibit list to each other, the court, and deputy clerk and file it through the E-Portal.
At or before jury selection, counsel for the State and Defendant shall provide each other, the Court, and the Deputy Clerk via email and shall file with the Clerk of Court via the E-portal, an Exhibit List with exhibits numbered that correspond to all exhibits that have and are to be marked and introduced into trial.
Page 1 | Exhibits
An unopposed motion requesting appointment of a competency evaluator must be filed with the clerk and copied to the judicial assistant by email.
All motions in which a party is requesting the Court to appoint a doctor for a court-ordered forensic competency evaluation, for which there is no objection, shall be filed with the Clerk of Court and a copy emailed to the Judicial Assistant at felonydivi@fljud13.org.
Page 1 | Competency Motions
The State must email proposed jury instructions to the judicial assistant and copy opposing counsel.
The State shall email proposed jury instructions to the Judicial Assistant at the division email no later than 8:00 a.m. on the Monday of the week of trial, being sure to copy opposing counsel.
Page 1 | Jury Instructions
The requesting party must file a Notice of Hearing, serve opposing counsel, and email a copy to the judicial assistant.
The party requesting the hearing shall file a “Notice of Hearing” with the Clerk of Court, serving a copy to opposing counsel as well as emailing a copy of the Notice of Hearing to the Judicial Assistant at felonydivi@fljud13.org.
Page 1 | Motion Hearings - 10 Minutes or More or Evidentiary Motions with Witnesses
Courtesy Copy Requirements
A pro se defendant must email a courtesy copy of the filed probation or community-control motion to the judicial assistant after filing it.
For pro se, self-represented defendants, after you file your motion to terminate or modify probation or community control with the Clerk of Court, please email a courtesy copy of the motion to the Judicial Assistant at (felonydivi@fljud13.org) so that we may verify with the State Attorney’s Office and the Department of Corrections Division I Liaison that your probation officer does not object to the relief sought in your motion and that all monetary and other obligations have been satisfied.
Page 1 | Terminations or Modifications of Community Control or Probation.Pro Se/Self-Represented Defendants
When the parties do not agree, defense counsel must email a courtesy copy of the filed probation or community-control motion to the judicial assistant.
If all parties do not agree, defense counsel shall file the motion to terminate or modify probation or community control with the Clerk of Court and email a courtesy copy of the motion to the Judicial Assistant at (felonydivi@fljud13.org).
Page 1 | Terminations or Modifications of Community Control or Probation.Represented Defendants
Chambers Communication Rules
Lengthy or evidentiary motions must be scheduled through the judicial assistant rather than the deputy clerk.
Scheduling. All motions exceeding 10 minutes in length or requiring witness testimony shall be scheduled by the Judicial Assistant. Please do not email Division I’s Deputy Clerk to schedule this type of motion for hearing.
Page 1 | Motion Hearings - 10 Minutes or More or Evidentiary Motions with Witnesses
A request to hear a motion by Zoom must be emailed to the judicial assistant with opposing counsel copied.
If an attorney would like a motion heard via Zoom, the attorney should email the motion to the Judicial Assistant, copying opposing counsel on the email, and specifically request the hearing via Zoom.
Page 1 | Motion Hearings - 5 Minutes or Less & No Witness Testimony (OUT OF CUSTODY DEFENDANTS)
Prior court approval by email is required for a Zoom appearance.
Division I currently conducts hearings in-person. Virtual appearances via Zoom may be available for motion hearings or appearances by victims or out-of-town individuals on a case-by-case basis and only if previously approved by the Court. Please email the Judicial Assistant at felonydivi@fljud13.org for approval to attend a hearing virtually via Zoom.
Page 1 | Procedures & Preferences