Judge Frederick P. Mercurio
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Notice Of Hearing, Motion, Case Law, Supporting Documents
- Mail • At Least Three Days Before Hearing
Notice Of Hearing, Motion, Supporting Documents, Case Law
- Hand Delivery • At Least Three Days Before Hearing
Adjournments
- Oral motions to continue are prohibited, and continuances are rarely granted after a trial date is set or stipulated absent an unforeseen circumstance or emergency.
- Continuance requests must be written and include specified case and request details; they must be signed by counsel and the party, with the stated good-cause exception to that signature requirement.
- A continuance motion must be timely filed and calendared through JACS; if no time is available counsel must contact the judicial assistant, and an agreed continuance still requires a filed motion and a court ruling.
Request must include
Communication
Chambers
Fax
Chambers
Document Format Requirements1 rule
Checked against the court's document on Oct 9, 2026Important
State to use numbers; Defense to use letters.
Document Filing Requirements7 rules
Checked against the court's document on Oct 9, 2026Mandatory
The parties must confer and prepare a proposed restitution order or judgment stating the amount, payment method, minimum monthly payment, and payment start date.
Parties shall confer and have a proposed restitution Order/Judgment prepared for the Court. It should include, but not be limited to, the amount, how payments are to be made, i.e. monthly payment, as a condition of probation, or through the Manatee County Clerk of Court Department of Financial Recovery, and include a minimum monthly payment as well as when the payment is to begin.
DocumentProposed Order
Checked against the court's document on Oct 9, 2026Mandatory
In document intensive cases the Court requires the parties to confer with the Clerk of Court prior to trial and present the Clerk with an exhibit list as well as the exhibits. Additionally, the Court requires the parties to provide courtesy paper copies of the exhibit list and marked exhibits to opposing counsel, as well as the Court.
DocumentExhibits
Checked against the court's document on Oct 9, 2026Mandatory
A downward-departure request must be written and state its legal authority, supporting case authority, and factual basis, and must be noticed five days before the hearing unless the stated sentencing exception applies.
Requests for a downward departure from the criminal punishment code scoresheet presumptive sentence shall be in writing stating the legal authority for the proposed departure, i.e. the rule or statute, as well as supporting case authority and a brief factual basis to support the departure request. Departure requests shall be noticed five days before the hearing. It is, however, acceptable to file at the time of sentencing if the State is previously aware of the request and eliminates the need to file a motion to continue to secure witnesses to rebut any facts necessary to support the departure.
DocumentMotion
Checked against the court's document on Oct 9, 2026Mandatory
Any ePortal submissions must include a cover letter and are limited to uncontested/stipulated Orders. All other orders will be rejected by the judicial assistant.
DocumentProposed Order
Checked against the court's document on Oct 9, 2026Mandatory
A stipulation to a trial date must use the approved form, be completely filled out, and include the defendant’s signature.
If the parties stipulate to a trial date they must use the approved Stipulation for Trial Date (see Preferred Division Forms section). Stipulation forms are also available in the courtroom. The stipulation must be completely filled out and contain the defendant’s signature.
DocumentStipulation For Trial Date
Checked against the court's document on Oct 9, 2026Mandatory
In all cases in which the defendant has negotiated a Community Control sentence or will be seeking Community Control as a sanction from the Court the defendant and his/her attorney shall read, review, and sign the Community Control Disclosure Form (see Preferred Division Forms) and file it with the Clerk along with the Acknowledgment and Waiver of Rights form.
DocumentCommunity Control Disclosure Form
Checked against the court's document on Oct 9, 2026Mandatory
Any emergency motion must include a certificate of good faith that states the movant has contacted opposing counsel and his/her position on the relief sought.
DocumentMotion
Filing & Service rules
Electronic Filing Rules
Motions to release uncharged defendants must be emailed to the Court and assigned prosecutor; the State’s response is due by 4:30 p.m. on receipt day, or by noon the next business day if received in the afternoon, after which a hearing will be set if no response arrives.
Motions to release uncharged defendants must be emailed to the Court and the assigned assistant state attorney. The State will have until 4:30 p.m. of the day a motion was received to respond regarding the State’s intention to file an Information, a Notice of Case Action or no objection to a ROR Order. If the motion is received in the afternoon the State shall respond by the following business day by 12:00 noon. If the JA does not receive a response from the State Attorney by the specified deadline a hearing will be set on the next available hearing date.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Motions/Orders for Release of Uncharged Defendants
Counsel must promptly e-file a notice of cancellation and notify all parties.
Counsel shall promptly e-file a Notice of Cancellation with the Clerk of Court and notice all parties.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | B. Hearing Procedures
Proposed orders may be submitted through the Florida ePortal, but ePortal submission does not expedite their processing in this division.
Pursuant to Administrative Order 2022-1.2, judges in the Twelfth Circuit must accept submission of proposed Orders through the Florida ePortal. However, the submission of Orders through the ePortal will not result in counsel receiving orders any faster in this division.
Checked and corrected to match the court's document on Oct 9, 2026 · Criminal cases
Page 1 | ePortal Submission of Proposed Orders
Submit orders and other documents by regular mail, overnight service, or hand delivery; email proposed orders only when instructed, and an emergency or the judge’s permission allows otherwise.
Following a hearing counsel may submit proposed orders via email only if instructed by Judge Mercurio to do so. Submission of orders and other documents shall be done by regular mail, overnight services or hand-delivery absent an emergency or unless given permission by Judge Mercurio.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | D. Submission of Orders
Documents may not be submitted by email without Court approval.
The Court does not accept email submission of documents absent Court approval.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | B. Hearing Procedures
Only uncontested or stipulated orders may be submitted through the ePortal; other orders will be rejected.
Any ePortal submissions must include a cover letter and are limited to uncontested/stipulated Orders. All other orders will be rejected by the judicial assistant.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | ePortal Submission of Proposed Orders
Filing Timing and Cure Windows
The State must respond to a release motion by 4:30 p.m. on the day received, or by noon the following business day if received in the afternoon; without a timely response, a hearing will be set on the next available date.
Motions to release uncharged defendants must be emailed to the Court and the assigned assistant state attorney. The State will have until 4:30 p.m. of the day a motion was received to respond regarding the State’s intention to file an Information, a Notice of Case Action or no objection to a ROR Order. If the motion is received in the afternoon the State shall respond by the following business day by 12:00 noon. If the JA does not receive a response from the State Attorney by the specified deadline a hearing will be set on the next available hearing date.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Motions/Orders for Release of Uncharged Defendants
A downward-departure request must be noticed five days before the hearing, unless the State already knows of the request and filing at sentencing avoids the need for a continuance to secure rebuttal witnesses.
Requests for a downward departure from the criminal punishment code scoresheet presumptive sentence shall be in writing stating the legal authority for the proposed departure, i.e. the rule or statute, as well as supporting case authority and a brief factual basis to support the departure request. Departure requests shall be noticed five days before the hearing. It is, however, acceptable to file at the time of sentencing if the State is previously aware of the request and eliminates the need to file a motion to continue to secure witnesses to rebut any facts necessary to support the departure.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | Departure Requests
A trial-date stipulation submitted before Case Management must be received by the Court at least three days before the hearing.
Stipulations for trial may be completed and submitted to the Court in advance of Case Management; however, they must be received by the Court three days prior to Case Management to allow time for the court’s review.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | H. Pretrial Procedures & Conferences
Service and Proof of Service Rules
If a party will use an exhibit in a form different from the discovery version, counsel must deliver an exact copy to opposing counsel at least five business days before trial and identify where the information appears in discovery.
If either side is going to use an exhibit that is in a different form/format than has been prepared and submitted with discovery the Court requires an exact copy of the exhibit to be delivered to opposing counsel no less than five (5) business days before trial. Counsel shall disclose to opposing counsel where in the discovery the information contained in the newly formatted exhibit can be found.
Checked and corrected to match the court's document on Oct 9, 2026 · Criminal cases
Page 1 | G. Exhibits for Evidentiary Proceedings
These specified motions must be filed with the Clerk and copied to the judge’s office at the same time; do not schedule them for hearing on JACS, as the judge will decide whether a response or hearing is needed.
All Motions for Rehearing, Reconsideration, Arrest of Judgment, New Trial and/or Motion to Withdraw Plea must be filed with the Clerk of Court and a copy must be simultaneously provided to the judge’s office. Do not set for hearing on JACS. After review, the judge will determine if a written response or hearing is required.
Checked and corrected to match the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Motions for Rehearing, Reconsideration, Arrest of Judgment, New Trial, and/or Motion to Withdraw Plea
The managing partners or designees must provide the Order to opposing counsel or pro se parties at the same time they provide the case list to the Court.
3. Provide a copy of this Order to opposing counsel or pro se parties in each of those cases simultaneously to providing the list to the Court.
Not confirmed. Read the court's wording below.
Page 4 | Directions to Managing Partners
The managing partners or designees must provide the judge a list of the identified cases and case numbers at the earliest opportunity.
2. Provide a list of those cases with case numbers to the undersigned judge at the earliest opportunity.
Not confirmed. Read the court's wording below.
Page 4 | Directions to Managing Partners
The time period for proceeding under Fla. R. Jud. Admin. 2.330 begins when the applicable law firm serves the Order.
The time period will begin upon service of this Order by the applicable law firm.
Not confirmed. Read the court's wording below.
Page 4 | Compliance with Fla. R. Jud. Admin. 2.330
A request to redact an exhibit must be made to opposing counsel at least five business days before trial; if the parties cannot stipulate, a motion must be filed and scheduled for hearing before trial.
If any party requests that any portion of an exhibit, i.e., recordings, cell phone records, text messages, email messages, transcripts, etc., be redacted, the request for redaction shall be made to opposing counsel no less than five (5) business days before trial. If the parties cannot stipulate to the redaction a motion must be filed and scheduled for hearing prior to trial.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | Redaction of Exhibits
The State may file a written response to a defense departure submission, but must submit case law to the Court and opposing counsel at least three days before the hearing.
The State is free to file a written response to the Defense submission but is not required to. They are, however, required to submit case law to the Court and opposing counsel at least three (3) days before the hearing in conformance with the court’s general requirements.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | Departure Requests
Counsel must notify all parties of a hearing cancellation.
Counsel shall promptly e-file a Notice of Cancellation with the Clerk of Court and notice all parties.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | B. Hearing Procedures
Courtesy Copy Requirements
Counsel must deliver paper courtesy copies of all hearing documents by regular mail, overnight service, or hand delivery at least three days before the hearing.
Counsel must provide via regular mail, overnight services, or hand-delivery courtesy paper copies of all hearing documents (notices of hearing, motions, case law, and other supporting documents) at least three days prior to the hearing to allow sufficient time for judicial review.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | E. Courtesy Copies
Paper copies of the hearing notice, motion, relevant supporting documents, and supporting case law must be delivered at least three days before the hearing; email submission requires Court approval.
The scheduling attorney must submit a paper copy of the notice of hearing, the motion to be heard, and any relevant supporting documents to which the parties may refer during the hearing by hand-delivery or mail at least three days prior to the hearing. Both parties shall submit any supporting case law at least three days prior to the hearing. The Court does not accept email submission of documents absent Court approval.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | B. Hearing Procedures
Pre-Motion Conference Requirements
Before filing an emergency motion, the moving attorney must confer in good faith with opposing counsel to try to resolve the issue.
The moving attorney is required to confer with opposing counsel in a good faith effort to resolve the issue prior to filing an emergency motion.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | F. Emergency & Other Urgent Matters
If the parties cannot agree on a requested exhibit redaction, a motion must be filed and scheduled for hearing before trial.
If any party requests that any portion of an exhibit, i.e., recordings, cell phone records, text messages, email messages, transcripts, etc., be redacted, the request for redaction shall be made to opposing counsel no less than five (5) business days before trial. If the parties cannot stipulate to the redaction a motion must be filed and scheduled for hearing prior to trial.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | Redaction of Exhibits
Adjournment & Extension Requirements
Continuance requests must be written and include specified case and request details; they must be signed by counsel and the party, with the stated good-cause exception to that signature requirement.
All motions for continuance shall be in writing and signed by the attorney as well as the party (the Defendant, if a defense motion) unless good cause is shown. All requests for continuance shall include: the grounds/reasons for the requested continuance, a Certificate of Good Faith; be signed by the party (the Defendant), indicate whether the Defendant is in local or DOC custody, the date the information/indictment was filed, the charge, the number of previous continuances, waiver of speedy trial, who requested the previous continuance and all efforts made to move the case and resolve discovery issues.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Motions to Continue
Oral motions to continue are prohibited, and continuances are rarely granted after a trial date is set or stipulated absent an unforeseen circumstance or emergency.
Oral motions to continue are not permitted at any time. Once a trial date is stipulated to and/or set by the Court, absent an unforeseen circumstance or emergency, the Court will rarely grant a continuance.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Motions to Continue
A continuance motion must be timely filed and calendared through JACS; if no time is available counsel must contact the judicial assistant, and an agreed continuance still requires a filed motion and a court ruling.
A motion to continue shall be timely filed and be calendared through JACS. If there is no time available, the attorney shall contact the Judicial Assistant. If the attorney fails to schedule a hearing the pending motion for continuance shall be deemed waived. If there is an agreement by all parties to a continuance, a motion must still be filed. Stipulations to continue will not be considered without a filed motion to continue. The Court is ultimately responsible for granting or denying a continuance even if the parties stipulate. No witnesses or defendant(s) shall be excused until such time as the Court rules on a motion/stipulation for continuance.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | Motions to Continue
Chambers Communication Rules
Email the judicial assistant only for communication, not document submissions; deliver paper copies of motions, hearing documents, case law, and proposed orders, with hearing materials submitted at least three days before the proceeding.
Judge Mercurio does not utilize a division e-mail for electronic submissions. Paper courtesy copies of motions, hearing documents, case law and proposed orders must be hand-delivered or mailed to the judge’s office in a timely manner; for hearings, submit items at least three days prior to the court proceeding. Email the Judicial Assistant for communication purposes only. The high volume of emails received by the JA during and outside of working hours may result in a delay in response.
Checked against the court's document on Oct 9, 2026 · Criminal cases
Page 1 | C. Communications with the Court
Callers must read the requirements before calling the judicial assistant and should use the Clerk’s website to inquire about hearing outcomes.
Phone (941) 749‐3625; Please do not call the judicial assistant without first reading the requirements. To inquire about the outcome of a hearing, please consult the Clerk’s website.
Checked and corrected to match the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Contact Information
The chambers fax number may be used for emergencies only.
Fax (941) 749-3671; (For emergencies only)
Checked and corrected to match the court's document on Oct 9, 2026 · Criminal cases
Page 1 | Contact Information
To request emergency or expedited hearing time, contact the judicial assistant by phone or email and provide a copy of the contested motion.
Requests for emergency or expedited hearing time must be made by contacting the JA by phone or email and providing a copy of the contested motion.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | F. Emergency & Other Urgent Matters
The Court will not discuss pending cases with the public or consider arguments outside the courtroom and properly filed documents from parties.
Notice to the public: The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Twelfth Judicial Circuit to discuss pending cases with the public. Please do not call or email the Court expecting to speak with a Judge about any case. The Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court. The Court cannot ethically read or consider any other opinions or arguments about the case. Communications that do not meet these legal requirements cannot be forwarded to the Judges.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | Notice to the public