Judge Matthew A. Smith
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Case Law, Evidence
Case Law, Exhibits
Case Law, Proposed Reference Materials
Exhibits
- No Less Than Three Business Days Before Proceeding
Adjournments
- Requests for a new court date or continuance must be submitted to the judicial assistant by Monday at noon and approved before filing or submission in court.
- Unless good cause is shown, the continuance motion must be signed by the requesting party under Florida Rule of General Practice and Judicial Administration 2.545(e).
- A continuance motion must state whether a prior continuance motion was filed, be in writing, and be set and heard before the trial date; a disposition sheet may not be used for a case set for pretrial.
- +2 more
Request must include
- Continuances are disfavored, require good cause, and must be requested at least five business days before the scheduled court date.
Communication
Chambers
Clerk
Clerk
Clerk
Phone
Court-wideChambers
Document Format Requirements4 rules
All proposed orders must be submitted in PDF format.
All attorneys and self-represented litigants must provide sufficient copies of each exhibit, label exhibits as specified, and organize the binders or documents with a table of contents and corresponding tabs.
• Format: All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the Court and each party to review during the hearing or trial. Exhibits must be labeled in the following format: “Petitioner/Plaintiff #1” or “Respondent/Defendant A”. Please also organize the binders/documents with a “Table of Contents” with corresponding tabs displaying the documents.
Exhibits must be sequentially pre-marked, with each exhibit page numbered.
Exhibits shall be pre-marked sequentially and each page of an exhibit numbered.
Physical paper or hard copies of evidentiary exhibits may be submitted to Chambers.
• Submission Method: Physical/paper/hard copies of the exhibits may be submitted to Chambers.
Paper
Document Filing Requirements10 rules
A motion in limine must state that the moving party made a good-faith effort to resolve the matter without court involvement and describe how that effort was made.
All Motions in Limine and all motions pertaining to discovery disputes SHALL contain a statement by the moving party that a good faith attempt to resolve the matter without Court involvement has been made and SHALL describe the manner in which the attempt was made.
Document Type
Motion In Limine
For an enhanceable offense, the written plea colloquy must acknowledge that the defendant was advised of the enhancement consequences of future reoffense.
If a plea being entered is for an enhanceable offense, the written colloquy must include an acknowledgement that the defendant has been advised of the enhancement ramifications for said offense should the defendant reoffend in the future for that offense.
Document Type
Written Plea In Absentia
A plea in absentia for an enhanceable offense or a case involving probation must include full fingerprints, an acknowledgment and waiver of rights in absentia, and a written waiver of personal appearance in addition to the plea forms.
PIAs for any enhanceable offenses, and in any case in which the defendant is being placed on probation, must include, in addition to the plea forms: full fingerprints, acknowledgement and waiver of rights in absentia, and a written waiver of personal appearance in court.
Document Type
Pia Packet
A written plea in absentia presented to the court must comply with Florida Rule of Criminal Procedure 3.172.
A written Plea in Absentia must be presented to the court that comports with the requirements of Florida Rule of Criminal Procedure 3.172.
Document Type
Written Plea In Absentia
Every notice of hearing must include the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Document Type
Notice Of Hearing
A defendant electing a non-jury trial must personally sign and file a Waiver of Jury Trial form.
If a Defendant is entitled to a Jury Trial but elects to have a Non-Jury Trial, the Defendant must personally sign and file with the court a Waiver of Jury Trial form.
Document Type
Waiver Of Jury Trial
A request for a court date must identify the case number and defendant’s name in its subject line.
Please include the case number and defendant’s name in the subject line when requesting a court date.
Document Type
Court Date Request
Scheduling emails must include the defendant’s name and case number in the subject line to avoid delayed responses.
Please put the Defendant’s name and case number in the subject line. Failure to do so will result in a delay in response.
Document Type
Scheduling Email
Division forms must be used for every filing to which they apply.
Division forms must be used for all relevant filings.
Document Type
Division Forms
Communications to the Judicial Office should identify the case number and case name in the subject line.
All communication with the Judicial Office should include case number and case name in the subject line.
Document Type
Email Communication
Filing & Service rules
Electronic Filing Rules
Attorneys and self-represented litigants must provide an email address for electronic delivery of signed orders unless excused.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.
Page 2 | A. Communications with the Judicial Office
Evidence, orders, judgments, and other documents intended for use at a violation-of-probation evidentiary hearing must be e-filed at least four business days before the hearing.
All evidence, orders, judgments and other documents you wish to use or have entered into evidence at the VOP hearing must be submitted via E-filing at least four business days prior to the date of the scheduled hearing.
Page 4 | B. Scheduling Procedures
Except for a legitimate emergency motion, a motion must be electronically filed with the clerk before the Judicial Assistant is contacted for a hearing date and time.
No motion, other than a legitimate emergency motion, will be set for a hearing unless the motion is electronically filed with the clerk prior to contacting the Judicial Assistant for a hearing date and time.
Page 5 | Pretrial Procedures and Conferences
A plea in absentia packet must be submitted through the Florida E-Portal and received before the hearing date.
PIA packets should be filed with the Clerk via the Florida E-Portal and must be received before the date of the hearing.
Page 6 | Pleas
Counsel requesting a competency evaluation must upload the resulting order to the court’s E-Portal work queue for signature.
The Counsel requesting the evaluation shall be responsible for uploading the Order to the Court’s work queue in the E-Portal for signature.
Page 6 | Competency Motions
When fingerprints are required, a scanned copy of the fingerprints must also be filed.
For cases requiring fingerprints, a scanned copy of the prints must be filed as well.
Page 6 | Pleas
A Notice of Cancellation must be immediately e-filed with the Clerk of Court and a courtesy copy emailed to CrimDivA@fljud13.org.
A Notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation sent to the division email address at CrimDivA@fljud13.org.
Page 8 | B. Scheduling Procedures
State and defense counsel must furnish the expected-witness list to each other, the Court, and the clerk, and file it through E-Portal when jury instructions are submitted.
At the same time jury instructions are submitted, counsel for the State and the Defendant shall furnish to each other, and the Court and clerk, and file via E-Portal, a list of the names of all witnesses who are expected to testify at the trial of this cause (preferably in the numerical order in which they are to be called).
Page 13 | WITNESS LIST
By jury selection, counsel must furnish and file through E-Portal an exhibit list corresponding to all exhibits to be marked and introduced at trial.
At or before jury selection, counsel for the State and counsel for the Defendant shall furnish each other, and the Court and clerk, and file via 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 14 | EXHIBITS
Attorneys and self-represented litigants must use Form 2.603 to update their contact information whenever the email account registered for electronic service changes.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
Page 2 | A. Communications with the Judicial Office
Proposed orders agreed upon by the parties should be submitted electronically through the Florida E-Filing Portal.
Proposed Orders that are agreed upon by the parties should be submitted to the Judge electronically through the Florida E-Filing Portal.
Page 10 | D. Submission of Orders and Judgments
Filing Timing and Cure Windows
Documents intended for use at a VOP evidentiary hearing must be submitted at least four business days before the scheduled hearing.
All evidence, orders, judgments and other documents you wish to use or have entered into evidence at the VOP hearing must be submitted via E-filing at least four business days prior to the date of the scheduled hearing.
Page 4 | B. Scheduling Procedures
A motion must be filed before counsel requests a hearing date.
Motions that counsel would like to have heard must be filed before asking for a hearing date.
Page 5 | Pretrial Procedures and Conferences
The Notice of Hearing must be filed immediately after a hearing date is provided.
As a reminder: once a date is provided, you must file your Notice of Hearing IMMEDIATELY.
Page 5 | Pretrial Procedures and Conferences
The Florida E-Portal must receive the plea in absentia packet before the hearing date.
PIA packets should be filed with the Clerk via the Florida E-Portal and must be received before the date of the hearing.
Page 6 | Pleas
Once the Judicial Assistant confirms the hearing date by email, the Notice of Hearing must be filed and served immediately.
When date is agreed to and the JA responds to the email with a date, you must file and serve your Notice of Hearing IMMEDIATELY.
Page 7 | B. Scheduling Procedures
Exhibits, responses to motions, and copies of case law must be provided to the judge’s chambers no later than three business days before the hearing.
Submission Deadlines: Exhibits, responses to motions and copies of case law must be provided to the Judge's chambers no later than three (3) business days before the hearing.
Page 8 | B. Scheduling Procedures
A motion requesting remote appearance must be filed at least ten business days before the hearing.
Requests to use communication technology for an appearance must be made by motion NO LESS THAN TEN (10) BUSINESS DAYS before the hearing.
Page 9 | Remote Appearance Procedure
Unless the court specifies otherwise, the attorney or self-represented party preparing the order must submit it within five business days after the court’s decision.
Unless otherwise specified by the Court, the Attorney or self-represented party directed to prepare the Order must submit the proposed order to the Court within five (5) business days after the Court’s decision.
Page 10 | D. Submission of Orders and Judgments
Material delivered after the stated exhibit-submission deadline will not be reviewed or considered at the hearing.
• Other Procedures Relating to Exhibits for Evidentiary Proceedings: Any material delivered to this court less than the deadline provided above for the hearing WILL NOT BE REVIEWED OR CONSIDERED AT THE HEARING.
Page 11 | G. Exhibits for Evidentiary Proceedings
A motion seeking more adequate discovery responses should be filed within 10 days after receipt of the allegedly incomplete discovery.
Motions to Compel More Adequate Responses to Discovery should be filed within 10 days of receipt of the alleged incomplete Discovery.
Page 5 | Discovery Motions And Motions In Limine
A motion to compel discovery should be filed within 10 days after discovery is due.
Motions to Compel Discovery should be filed within 10 days after the date Discovery is due.
Page 5 | Discovery Motions And Motions In Limine
Service and Proof of Service Rules
Every party must be copied on email sent to the Judicial Office unless law authorizes an ex parte communication.
All parties must be copied on any e-mail directed to the Judicial Office, unless an ex parte communication is authorized by law.
Page 2 | A. Communications with the Judicial Office
Updates to a VOP affidavit concerning completed conditions must be provided to probation at least four business days before the hearing.
Any updates to the VOP affidavit regarding completed conditions must be provided to probation at least four business days prior to the date of the scheduled hearing.
Page 4 | B. Scheduling Procedures
For VOP evidentiary-hearing submissions, notice and copies must be emailed to opposing counsel.
Notice and copies should also be emailed to opposing counsel and to the Court.
Page 4 | B. Scheduling Procedures
An unspecified document must be served upon opposing counsel at least 14 days before the hearing.
and served upon opposing counsel at least 14 days prior to the hearing date.
Page 5 | Pretrial Procedures and Conferences
The Notice of Hearing must be served immediately after the Judicial Assistant confirms the hearing date.
When date is agreed to and the JA responds to the email with a date, you must file and serve your Notice of Hearing IMMEDIATELY.
Page 7 | B. Scheduling Procedures
Courtesy Copy Requirements
One courtesy copy of the Notice of Cancellation must be sent by email to the division address CrimDivA@fljud13.org immediately.
A Notice of Cancellation MUST be immediately e-filed with the Clerk of Court AND a courtesy copy of said Notice of Cancellation sent to the division email address at CrimDivA@fljud13.org.
Page 8 | B. Scheduling Procedures
Physical, paper, or hard copies of case law and exhibits must be submitted to the court.
Physical/paper/hard copies of the case law and/or exhibits must be submitted to the Court.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies must be submitted at least three days before any proceeding in which the case law or evidence will be used.
Courtesy copies must be submitted to the Court no less than three (3) days prior to any proceeding in which case law/evidence is to be used.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies of case law and proposed reference materials must be submitted to the court.
Courtesy copies of case law and any proposed reference materials shall be submitted to the court.
Page 10 | E. Courtesy Copies of Case Law and Other Documents
Courtesy copies of evidentiary materials must be submitted no less than three business days before the proceeding at which the case law or evidence will be used.
• Deadline for Submissions: Courtesy copies must be submitted to the Court no less than three (3) business days prior to any proceeding in which case law/evidence is to be used.
Page 11 | G. Exhibits for Evidentiary Proceedings
Pre-Motion Conference Requirements
Pretrial motions generally must be written and heard before the pretrial conference unless otherwise specified.
All pretrial motions shall be in writing and heard prior to the date of the pretrial conference, except where otherwise specified.
Page 5 | Pretrial Procedures and Conferences
Adjournment & Extension Requirements
Requests for a new court date or continuance must be submitted to the judicial assistant by Monday at noon and approved before filing or submission in court.
Request For New Court Date Forms/Continuance Forms are due Mondays by 12pm and must be returned by to the JA. They will not be accepted in court or if they were efiled before being approved.
Page 3 | B. Scheduling Procedures
Continuances are disfavored, require good cause, and must be requested at least five business days before the scheduled court date.
Continuance Procedure: Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five (5) businss days prior to the scheduled court date.
Page 8 | B. Scheduling Procedures
Unless good cause is shown, the continuance motion must be signed by the requesting party under Florida Rule of General Practice and Judicial Administration 2.545(e).
Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).
Page 8 | B. Scheduling Procedures
A continuance motion must state whether a prior continuance motion was filed, be in writing, and be set and heard before the trial date; a disposition sheet may not be used for a case set for pretrial.
MOTION TO CONTINUE: A disposition sheet shall not be used for a case set for Pretrial. Any motion for continuance SHALL state whether any prior motion for continuance has been filed and shall, as with any other motion, be in WRITING and be set and heard prior to the trial date.
Page 12 | MOTION TO CONTINUE
A continuance requested after the pretrial conference will be granted only on a written motion and a finding of good cause under Florida Rule of Criminal Procedure 3.190(f).
Any continuance granted after the pretrial conference will be governed by the Florida Rule of Criminal procedure 3.190(f) and will be granted only upon written motion and a finding of good cause.
Page 12 | MOTION TO CONTINUE
The Court will not consider stipulated continuances.
Stipulated Continuances are not considered by the Court.
Page 12 | MOTION TO CONTINUE
Chambers Communication Rules
Case information may be provided only to an unrepresented defendant and not to any other person.
No information regarding any case will be provided to anyone other than the Defendant, ONLY if they are not being represented
Page 2 | A. Communications with the Judicial Office
Communications with the Judicial Office must comply with Canon 3, including its restrictions on judge consideration of ex parte communications and communications outside the parties' presence unless authorized by law.
All communications with the Judicial Office must comply with Canon 3 of the Code of Judicial Conduct, which prohibits a Judge from initiating, permitting, or considering ex parte communications and from considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law.
Page 2 | A. Communications with the Judicial Office
Hearing requests must be emailed to the Judicial Assistant at CrimDivA@fljud13.org with all parties copied unless legally authorized ex parte communication applies.
To schedule a hearing, please email the JA at CrimDivA@fljud13.org. You must have all parties copied on the email directed to the Judicial Office unless an ex parte communication is authorized by law.
Page 7 | B. Scheduling Procedures
The State must email proposed jury instructions to the judicial assistant by 3 p.m. on the Monday of trial week and copy opposing counsel.
The State shall email proposed Jury Instructions to the JA no later than 3pm on the Monday of the week of trial, being sure to copy opposing counsel.
Page 13 | JURY INSTRUCTIONS
An unrepresented party may speak to the judge only in court with all parties present and afforded an opportunity to be heard.
Your opportunity to speak to the Judge happens in COURT ONLY, when all parties are given the opportunity to be present and heard.
Page 1 | Standing Pretrial Order
For unrepresented parties, the Judicial Assistant may not answer legal questions, provide advice, or explain the party's situation to the judge.
If you are not represented by an Attorney, the Judicial Assistant (JA) cannot answer legal questions, give advice, or explain your situation to the Judge.
Page 1 | Standing Pretrial Order
The Judicial Assistant may not answer legal questions or explain a party's situation to the judge.
The Judicial Assistant CANNOT answer your legal questions and will not explain your situation to the Judge.
Page 2 | A. Communications with the Judicial Office
The court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the Court.
Page 2 | A. Communications with the Judicial Office
Parties may contact the Judicial Office only as permitted by the stated practices and procedures.
Parties may only contact the judicial office in accordance with these practices and procedures.
Page 2 | A. Communications with the Judicial Office
The Judicial Assistant may send communications outside business hours but is not required to respond to incoming communications then.
ALTHOUGH THE JA MAY SEND COMMMUNICATIONS OUTSIDE OF BUSINESS HOURS, SHE MIGHT NOT RESPOND TO INCOMING COMMUNICATIONS.
Page 2 | A. Communications with the Judicial Office
Parties must speak to the judge in court rather than through the Judicial Assistant.
Your opportunity to speak to the Judge happens in court.
Page 2 | A. Communications with the Judicial Office
Email at CrimDivA@fljud13.org is the preferred method for communicating with the Judicial Office.
The preferred method of communication with the Judicial Office is e-mail at CrimDivA@fljud13.org.
Page 2 | A. Communications with the Judicial Office
After filing a competency-evaluation motion, counsel may email the Judicial Assistant to request a court date.
Once the motion has been filed, the Judicial Assistant can be emailed for a court date.
Page 5 | Competency Motions
Changes of plea are generally scheduled on the court’s next available docket, and opposing counsel must be included when requesting the scheduling.
The Court regularly schedules changes of pleas, and will conduct them on its next available docket, if possible. Please email the Judicial Assistant to schedule Change of Pleas, as well as including opposing counsel.
Page 7 | B. Scheduling Procedures