Judge Monique M. Scott
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Chambers Copy
Court-wideCourtesy copies
Court-wideExtraordinary Writ Petition
Court-wide- Immediately Upon Filing
Financial Affidavit, Exhibits
Court-wideAdjournments
- A stipulated continuance order for a pretrial and jury trial must include new dates obtained from the Judicial Assistant.
- A continuance motion must disclose prior continuance requests, be written, and be set and heard before trial.
- To continue a case set for pretrial, counsel must either obtain a continuance motion heard before pretrial or submit a signed stipulation before pretrial.
- +2 more
Request must include
Communication
Chambers
Phone
Chambers
Clerk
Clerk
Clerk
Document Filing Requirements10 rules
Boilerplate motions, including motions without a factual basis, are prohibited and will be stricken as legally insufficient.
Boiler plate motions (including motions which fail to include a factual basis or which simply provide "facts to be presented or argued at hearing") are NOT permitted and will be stricken as legally insufficient.
Document Type
Motion
A speedy-trial waiver must be written and filed as a notice or motion, or entered on the record.
Waiver’s of Speedy Trial MUST be written and filed in either a notice or motion (see below for procedure) or made on the record.
Document Type
Waiver Of Speedy Trial
An NVDL guilty or no-contest plea must proceed through an in-person written plea with open-court colloquy or a fully executed in-absentia plea form containing fingerprints submitted by the hearing.
Either a written plea form with your client present and a plea colloquy to be conducted in open court or A fully executed written plea in absentia form which includes prints which can be submitted at or in advance of the plea hearing.
Document Type
Plea Form
Every motion must contain the facts and law supporting the requested relief.
All motions SHALL contain the facts and law which form the basis for the relief sought.
Document Type
Motion
In-absentia pleas for enhanceable offenses, DUI, and reckless driving must include fingerprints.
Pleas in absentia for enhance able offenses as well as DUI and Reckless Driving MUST include fingerprints.
Document Type
Plea In Absentia
A motion in limine or discovery-dispute motion must state that a good-faith effort to resolve the dispute without court involvement occurred and describe that effort.
All Motions in Limine and all motions pertaining to Discovery disputes SHALL contain a statement by the moving party that 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
A defendant seeking to plead guilty or no contest in absentia must submit a written plea complying with Florida Rule of Criminal Procedure 3.172.
If a defendant wishes to enter a plea of guilty or no contest and wishes to be excused from court attendance at the time of the entry of the plea, then 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
Plea In Absentia
An in-absentia plea for an enhanceable offense must acknowledge that the defendant was advised of the consequences of future recidivism.
If the 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
Plea In Absentia
An NVDL plea-in-absentia form must state that the defendant understands the offense is enhanceable.
The plea in absentia form shall indicate that the defendant understands that the offense of NVDL is an enhance able offense.
Document Type
Plea In Absentia
The court generally will not consider cases first supplied at the hearing absent good cause.
The Court will NOT consider cases provided for the first time at the hearing absent a showing of good cause.
Document Type
Motion
Filing & Service rules
Electronic Filing Rules
Except for legitimate emergency motions, a motion must be electronically filed with the clerk before counsel contacts the Judicial Assistant for a hearing date and time.
MOTION FILING PROCEDURE: 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.
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A speedy-trial waiver may not be submitted by email.
WAIVER’S OF SPEEDY TRIAL: WILL NOT BE ACCEPTED VIA EMAIL.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Proposed orders must be submitted through the electronic portal for the court’s consideration.
Proposed orders are to be submitted through the e-portal for consideration.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Filing Timing and Cure Windows
All motions must be filed and served on opposing counsel at least 14 days before the hearing.
ALL MOTIONS MUST FILED AND SERVED UPON OPPOSING COUNSEL AT LEAST 14 DAYS PRIOR TO THE HEARING DATE.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Authorities intended for the court’s consideration must be provided at least two business days before the motion hearing.
All cases, statutes, rules or other citations of authority a party wishes the Court to consider SHALL be provided to the Court at least 2 business days prior to the hearing on the motion.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
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 the Discovery is due.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
A motion compelling 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 1 | Standing Pretrial Order For Cases In County Criminal Division
Service and Proof of Service Rules
All motions must be served on opposing counsel at least 14 days before the hearing.
ALL MOTIONS MUST FILED AND SERVED UPON OPPOSING COUNSEL AT LEAST 14 DAYS PRIOR TO THE HEARING DATE.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Filing Bundling Requirements
A stipulated proposed order must be submitted with its stipulation as one filing.
If it’s a stipulated order please submit the stipulation along with the order as one.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Pre-Motion Conference Requirements
All motions must be heard before the pretrial conference unless untimeliness is excused by good cause.
All MOTIONS MUST BE HEARD PRIOR TO THE PRE-TRIAL CONFERENCE. Any motion not timely filed and set for hearing is waived absent a showing of good cause as to why the motion was not timely filed and heard prior to pre-trial conference.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Adjournment & Extension Requirements
A continuance motion must disclose prior continuance requests, be written, and be set and heard before trial.
MOTION TO CONTINUE: 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.
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A hearing or trial may not be delayed or continued solely because counsel needs to confer with a witness or review evidence.
No hearing or trial shall be delayed or continued beyond the scheduled starting time because an attorney needs to confer with a witness or review evidence with a witness.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Both counsel and the defendant must appear if seeking a continuance on the day of the pretrial hearing.
Attempts to continue the day of pre-trial REQUIRE BOTH the attorney and the defendant to be present.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
A stipulated continuance order for a pretrial and jury trial must include new dates obtained from the Judicial Assistant.
If the stipulation is for a continuance of a pre-trial and jury trial, a new pre-trial date and jury trial must be in the order, these dates shall be obtained from the judicial assistant.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
To continue a case set for pretrial, counsel must either obtain a continuance motion heard before pretrial or submit a signed stipulation before pretrial.
MOTION TO CONTINUE PRE-TRIAL: If an attorney wishes to continue a case that is scheduled for pre-trial the attorney MUST file a Motion to Continue (see above for procedure) and have it heard either PRIOR to pre-trial OR a signed stipulation (see proposed orders above) form maybe filed and submitted PRIOR to pre-trial.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Chambers Communication Rules
Every email to the court must include the opposing party.
PARTIES EMAILING THE COURT MUST INCLUDE OPPOSING PARTY AT ALL TIMES.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
A party canceling a motion hearing must email the Judicial Assistant promptly and copy opposing counsel.
CANCELING MOTIONS/HEARINGS: A party MUST notify the Judicial Assistant as soon as possible via email that the hearing is to be cancelled and CC opposing counsel.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
An attorney unable to appear because of unforeseen circumstances must call the court and explain.
If you are unable to appear due to unforeseen circumstances, it is incumbent upon you to call the Court to advise us of those circumstances.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Any substantive ex parte communication sent to the court will be placed in the court file.
Substantive ex-parte communications sent to the court, regardless of how they are sent, will be filed in the court file.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
An attorney with overlapping appearances must notify the client and advise the court of the conflict, location, and expected return time.
If a scheduling conflict arises, it is expected that the attorney will communicate this to their client, and that the attorney will advise the Court (by note, phone call, or through opposing counsel) if they are in another courtroom and when they expect to return.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Copies of email communications sent to the court are subject to public-records requests.
Please be advised that all email communications sent to the court are subject to public records requests.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Email is the court’s preferred communication method and is primarily for scheduling.
The preferred method of communication with the Court is through email, at the Division’s email crimdive@fljud13.org. Direct communication with the Court through the division email is PRIMARILY FOR SCHEDULING PURPOSES.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division
Telephone communication with the court is primarily reserved for emergencies and litigants without JAWS access.
Telephonic communication is reserved primarily for emergencies, and litigants without access to JAWS.
Page 1 | Standing Pretrial Order For Cases In County Criminal Division