DIVISION 10-A RULES OF PRACTICE Fla. R. Jud. Admin. 2.250

Division 10-A Rules of Practice (Rev. 4/19/2021) Page 1 of 6

Effective 5/1/2021

DIVISION 10-A RULES OF PRACTICE

These rules of practice apply to proceedings in Felony Division 10-A of the

Ninth Judicial Circuit Court in Osceola County, Florida. They are supplementary and

do not alter any constitutional law or any law or rule adopted by the Florida

Legislature or the Florida Supreme Court.

Three rules of judicial administration guided the development of these

divisional rules of practice:

Fla. R. Jud. Admin. 2.250(a)(1). This rule establishes that the

presumptively reasonable time period for completing most felony

cases is 180 days from arrest to final disposition;

Fla. R. Jud. Admin. 2.256. This rule directs trial courts to use the

services of prospective jurors optimally, “with a minimum of

inconvenience to jurors”; and

Fla. R. Jud. Admin. 2.545(b).This rule mandates that trial judges

“shall take charge of all cases at an early stage in the litigation and

shall control the progress of the case thereafter until the case is

determined.” The rule also requires that trial judges “take specific

steps to monitor and control the pace of litigation” by, among other

things: assuming early and continuous control of the court calendar;

implementing such docket control policies as may be necessary to

advance priority cases to ensure prompt resolution; developing trial

setting policies; and advancing the setting of priority cases, older

cases, and cases of greater urgency.

To promote the objectives these rules of judicial administration were designed to

achieve, the Court adopts the following divisional practice rules.

1. Conduct. In addition to conforming to the Oath of Admission to The Florida

Bar and the Rules of Professional Conduct, Ch. 4, R. Reg. Fla. Bar, Counsel

must abide by the Professionalism Expectations promulgated by The Florida

Bar Standing Committee on Professionalism. The oath, rules, and

professionalism expectations are available online and on Judge Young’s Ninth

Circuit webpage.

2. Attorneys. Attorneys are expected to read and adhere to Florida Rule of

Judicial Administration 2.505, which specifies the methods by which

attorneys may become counsel of record. Merely filing a notice of appearance

is not sufficient where the defendant is already represented by counsel. Also,

clients must sign a written consent to substitution of counsel. Failure to

adhere to Rule 2.505 may cause problems affecting both counsel and their

client.


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3. Motions. (A) Required content. With the exception of 33-day motions, first-

time bond motions, dispositive motions, motions to suppress, and true

emergencies, all motions must state that moving counsel has conferred with

opposing counsel and must indicate opposing counsel’s position on the

motion. Counsel should make good-faith attempts to reach agreed

recommendations about first-time bond motions in advance of the hearing.

In all circumstances, opposing counsel must promptly respond to inquiries by

moving counsel. If moving counsel is unable to reach opposing counsel after

three (3) good faith attempts, moving counsel may file a motion without

stating opposing counsel’s position but must include the dates on which

efforts to contact opposing counsel were made. Cf. Ninth Jud. Cir. Admin.

Order 2012-03-01. The Court will not consider or set for hearing any motion

that does not reflect opposing counsel’s position or the dates on which

moving counsel attempted to confer with opposing counsel.

(B) Emergency. Motions styled or based on an emergency must specifically

describe the nature of the emergency and when counsel became aware of

the emergency.

(C) Continuance. Parties requesting a continuance must file a written motion

to continue on the form adopted by Division 10-A. The form motion must be

completed in its entirety. The form motion is included at the end of these

rules and is also available on Judge Young’s Ninth Circuit webpage. See Fla.

R. Jud. Admin. 2.545(e) (“All judges shall apply a firm continuance policy.

Continuances should be few, good cause should be required, and all requests

should be heard and resolved by a judge.”).

(D) Deadlines. Counsel must comply with the deadlines set forth in the

Notice Setting Pretrial Hearing and Trial Date and Unified Pretrial Order.

4. Hearings. (A) Requesting Hearings. Parties may request hearing time after

the motion is filed through the Florida Courts E-Filing Portal and the motion

has been evented by the Clerk. Hearing requests must be directed to the

Judicial Assistant for Division 10-A at [email protected] and should include

a copy of the filed motion. The requesting party must specify whether the

hearing requested is virtual or in-person. Requests for virtual hearings may

be made only with consent of the opposing party and must include the

number of witnesses each side intends to call and the total hearing time

requested. See also Rule 4(D) below.

(B) Confirmation of Hearing. The Judicial Assistant will coordinate a hearing

date with counsel. A hearing will not be confirmed until after counsel have

verified their availability on a date provided by the Judicial Assistant; thus,

delays in responding to the Judicial Assistant may result in the loss of

available hearing time. Hearing time will be confirmed via email from the

Judicial Assistant containing actual confirmation. If the hearing confirmed is a

virtual hearing, the confirmation will include the information needed to


Effective 5/1/2021

connect to the video hearing, including a telephone number in the event a

participant is unable to participate by video.

(C) Notice of Hearing. After receiving confirmation of the hearing date and

time, Counsel must file a notice of hearing and must electronically serve the

notice to opposing counsel and pro se individuals. Notice of a virtual hearing

must also include the information necessary to connect to the virtual hearing.

(D) Virtual Hearings.

(i) All Virtual Evidentiary Hearings will be conducted through

Microsoft Teams®.

(ii) By requesting or consenting to a virtual hearing, counsel

represent that: (a) the opposing party has consented to the

virtual hearing; (b) counsel and their clients and witnesses

possess the hardware, software, reliable internet connection, and

technical competence required to produce an accurate record and

to conduct or participate in a video conference hearing; (c) if the

defendant is in custody, defense counsel has conferred with the

defendant, and the defendant has knowingly and voluntarily

waived his or her appearance; and (d) any witness appearing by

telephone will be personally in the presence of a notary public to

be sworn before testifying.

(iii) Five minutes before the hearing, all participants should connect to

the video conference; participants will enter a virtual waiting

room. At the time of the hearing, the judge will connect to the

video conference and will admit the hearing participants.

(iv) Exhibits.

(a) All exhibits must be bates-stamped, and no later than five

(5) business days before the hearing, counsel must

exchange all exhibits. Self-represented parties have the

same obligations that counsel have under these rules.

(b) Counsel must have a substantive, good faith telephone

conference to address stipulations and objections to the

admissibility of each exhibit.

(c) All objections to exhibits must be filed, in writing, with the

trial clerk, with a copy delivered to chambers, at least two

(2) business days before the virtual hearing. The objecting

party must identify the exhibit(s) by bates number(s) and

must state the specific legal basis for each objection. Any

objection not filed as required by this rule is waived.

(d) At least two (2) business days before the virtual hearing,

the parties must also premark the bates-numbered exhibits


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that they intend to use during the hearing and deliver

complete copies of the premarked exhibits as follows: (i)

one set to the opposing party; (ii) one set to each witness

who will refer to any of the exhibits; and (iii) two hard copy

sets, along with copies of all filed objections, to the Court.

(v) Witnesses.

(a) Pursuant to COVID-19 CDC guidelines and orders from all

levels of government, all participants must abide by social

distancing requirements and limit in-person contact. As

such, witnesses do not need to be present with the

attorneys or a self-represented party during the virtual

hearing.

(b) Witnesses appearing by video must have personal

identification available to show the court in order to be

sworn remotely. Parties appearing by telephone must be

sworn by a notary public or other individual qualified to

administer an oath. Attorneys and self-represented parties

are responsible for arranging to have a notary public or

other qualified individual with the witness to administer the

oath.

(c) If the rule of sequestration is invoked, witnesses will be

instructed to leave the videoconference, and counsel or a

self-represented party will be responsible for contacting the

witness when the time for their testimony arrives.

(d) Witnesses shall be instructed not to look at or refer to any

document or device during their testimony. Counsel and

self-represented parties are responsible for providing these

instructions to witnesses and for ensuring their compliance.

(e) Witness(es) should not be in the same physical space as the

attorney or self-represented party unless it is safe to do so.

When a witness or party testifying is in the same physical

space as an attorney or self-represented party, the

participants should be socially distanced, and the camera

must be directed at the witness. Using multiple computers

or mobile devices in the same room is not permitted

because of the screeching and echo noises that result.

Attorneys and self-represented parties may not influence

the witnesses’ testimony off-camera, nor may they assist

the witness with answers in any way.

(vi) Individuals observing the virtual hearing but not testifying during

the hearing, including Defendants and alleged victims, may

appear via Microsoft Teams® without the necessity of video.


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(vii) Requests for Judicial Notice must conform to sections 90.202,

90.203, and 90.204, Florida Statutes.

5. Memoranda and Case Law. At least five (5) business days before

substantive hearings, counsel should deliver to the Court electronic copies of

any memoranda and case law that counsel intends to argue or rely on at the

hearing. Applicable passages in the case law should be highlighted, and

opposing counsel must receive identical highlighted copies. All controlling

adverse authority must be disclosed to the Court, and where conflict between

Florida District Courts of Appeal exists, counsel should disclose all conflicting

decisions to the Court.

6. Motions to Compel/Status Conferences. Counsel must promptly bring to

the Court’s attention all circumstances that affect timely progression of a

case toward resolution or trial. Such circumstances include, but are not

limited to: untimely provision of discovery, uncooperative or lackadaisical

witnesses, and unresponsive or uncooperative recipients of subpoenas.

7. Plea Offers. (A) The parties are encouraged to participate in plea

negotiations at the earliest opportunity.

(B) If the State intends to extend a plea offer, it must do so no later than

five (5) days before the Pretrial Conference.

(C) Defense counsel shall immediately communicate all plea offers received

from the State to their client.

8. Pretrial Conferences. (A) Virtual Pretrial Conferences. The Court conducts

virtual pretrial conferences via Microsoft Teams. The Judicial Assistant for

Division 10-A will email the Teams link the day before the pretrial

conference; counsel are responsible for adding the link address to their

calendar(s). The Court endeavors to call cases on a first-come, first-served

basis.

(B) Excused Appearances. Counsel may be excused from appearing for

pretrial conference if:

(i) the case has been confirmed for a date-certain plea before

commencement of the trial period;

(ii) a motion to continue on the form prescribed in Rule 3(C) above

has been filed at least three (3) business days in advance of the

pretrial conference;

(iii) a motion to remove the case from the trial docket in conjunction

with referral to a problem-solving court; or

(iv) a motion to remove the case from the trial docket in conjunction

with referral to the level three pretrial diversion program has

been filed at least three (3) business days in advance of the

pretrial conference.


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(C) Issues Addressed. Counsel must be prepared at Pretrial Conference to

discuss: (i) the status of plea negotiations, (ii) anticipated length of the trial,

(iii) whether an interpreter will be required for the defendant, a witness, or

both, and the anticipated order in which witnesses who require the

assistance of an interpreter will testify, (iv) pending motions, and (v) trial

exhibits, including necessary redactions to electronic evidence or voluminous

documentary exhibits. Note: Under the Unified Pretrial Order, only motions

directed to the conduct of the trial may be filed after the pretrial conference.

9. Trial Period. (A) After conclusion of pretrial conferences, the Court will

prepare a trial list for the ensuing trial period. Counsel must read and abide

by all requirements prescribed in the trial list.

(B) Cases will be prioritized for trial based on a variety of considerations

including, but not limited to: stint on the trial list, age of the case, necessity

of interpreters, severity of the charges, travel requirements, and unique

circumstances specific to the case.

(C) Cases set for trial will not be removed from the trial list except in

extraordinary circumstances. Cases that are not called for trial within the trial

period will automatically roll to the next scheduled trial period. Counsel are

responsible for reissuing subpoenas when a case rolls to a new trial period.

(D) The Court will call several cases for trial at the beginning of the trial

period. When the last case in the group called resolves, another group will be

called for trial. This process will repeat until the trial list is exhausted or the

trial period ends. Counsel, parties, and witnesses must therefore be ready

and available for trial throughout the trial period. The Court will notify

counsel by electronic mail or telephone when a standby case is called for

trial. At least two hours notice will be provided.

(E) Cases scheduled for plea during the trial period will be resolved by plea

during the trial period except in extraordinary circumstances. Requests to

reschedule a plea outside the trial period must be made by written motion

and must specifically describe the extraordinary circumstances supporting

the request.

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA

STATE OF FLORIDA,

Plaintiff,

v. Case No.

Division 10-A

,

Defendant.

/

MOTION TO CONTINUE

move(s) under Florida Rule of Criminal

Procedure 3.190(g) to continue this case and states as follows:

1. I have conferred with opposing counsel, who advises that they do /

do not oppose this motion.

2. This case has been previously continued _____ times.

3. A continuance is needed because

.

4. Concluding pretrial preparation will most likely require _____ months.

5. The work remaining to be done is:

.

6. If this motion is filed by the defense, the Defendant has been informed that

the granting of this motion will result in the waiver of speedy trial rights if they have not

previously been waived.

7. I certify that this motion is made in good faith.

Dated , 20_____.

Attorney for Fla Bar No. Defendant

CERTIFICATE OF SERVICE I certify that a copy of this Motion to Continue has been served on , 20_____, as follows: .

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA

STATE OF FLORIDA,

Plaintiff,

v. Case No.

Division 10-A

,

Defendant.

/

ORDER

This matter came before the Court on ’s Motion

. Having reviewed the motion, and being otherwise informed

in the premises, the Court ORDERS AND ADJUDGES as follows:

1. ’s Motion

is GRANTED.

2. Speedy trial is waived.

3. The case is set for hearing on

, 20 , at . m. in

Courtroom 5F of the Osceola County, Jon B. Morgan Courthouse, 2

Courthouse Square, Kissimmee, Florida 34741.

4. Pretrial conference hearings are conducted virtually. The Court will

distribute a Microsoft Teams link for the Pretrial Conference in advance of

the hearing.

Defendant’s personal appearance at status hearings concerning

referrals to a problem solving court is required and may not be waived.

Defendant’s personal appearance at plea hearings is mandatory and

may not be waived.

5. All proceedings in this case are governed by the provisions of the Unified

Pretrial Order rendered in this case and the Division 10-A Rules of

Practice, which are available on the Court’s website.

SO ORDERED on , 20 .

Tom Young Circuit Judge Copies served to counsel electronically via the Florida Courts E-Filing Portal.

Documents

DIVISION 10-A RULES OF PRACTICE Fla. R. Jud. Admin. 2.250