Sarasota County Division B Requirements

All attorneys must follow the Twelfth Circuit Standards of Professionalism.

Attorneys must submit courtesy copies of the Notice of Hearing, the filed motion and all other relevant documents to include case law to the Court at least two (2) days prior to the scheduled hearing and in hard copy form if the total pages are over 25 pages in length.

If the total pages are under 25 pages in length, attorneys may email copies of the relevant documents to szielinski@jud12.flcourts.org with the case title and case number in the subject line.

Criminal

All trials will be held in person.

Civil

All trials (jury and non-jury) will be held in person.

General Guidelines

• Please note that those individuals appearing in person will be heard first to those appearing by Zoom.
• If a hearing is noticed as an in person hearing, litigants and attorneys must appear in person absent an order authorizing him/her to appear by Zoom.
• For all hearings with the ability to be heard via Zoom the participants shall abide by the following rules:
  • All participants must have their audio and video working and know how to mute/unmute and turn their camera on and off before their hearing begins.
  • All participants shall use their true first and last name to identify themselves.
  • All participants shall turn on their video when speaking or testifying to the Court
  • All participants shall remain muted unless and until their case is called.
  • All participants shall have their video turned off until their case is called.
  • Appearing remotely on zoom carries with it the same requirements for professionalism, decorum, and civility to all participants and the court as if physically present. All participants shall be wearing appropriate court attire. As in any courtroom, there is to be no eating, drinking, gum chewing, smoking, or engaging in any activity other than participation in the court appearance. Attorney’s must wear the same attire they would wear if appearing live in court.

Note: The Court reserves the right to mute or dismiss any party not abiding by the standards of professionalism discussed above.

Submission of Evidence at Zoom Hearing

• When a case is set for an evidentiary hearing by Zoom, any and all original evidence to be submitted must be delivered to Chambers no later than 48 hours prior to a scheduled hearing.
  • Said evidence must be in hard-copy form (no email or faxed evidence) and provided to opposing counsel or pro se Defendant at the same time.
• In addition, due to the nature of Zoom hearings evidence cannot be seen in real time by the participants of said hearing. It is not the Judges responsibility to submit or identify evidence, therefore, at the time of the hearing, a participant, who has submitted evidence in hard-copy form for marking, must also have the ability to screen share any evidence that is anticipated to be entered with all participants.

Criminal Zoom Hearings

• Certain hearings will have the option of being heard via Zoom however, the Court reserves the right to require the parties to appear in person for any scheduled or future hearing by providing reasonable notice to the parties. 
• The following are Criminal Hearings with the ability to be heard via Zoom:
  • Plea in Absentia Hearings
    • All original paperwork must be provided to the Court 24 hours prior to the hearing.
  • Non-Evidentiary Hearings (expected to last 15 minutes or less) 
    • Examples: Motion to Withdraw, Early Termination of Probation.
  • Pre-Trial Conferences
    • Pre-trial Conferences can be continued two (2) times without the need for the Defense Attorney to appear provided that the Defense Attorney has filed with the Clerk the Pretrial Conference Request at least 24 hours prior to the scheduled PTC, or handed the Form to the Clerk at the scheduled PTC.
    • DO NOT email the PTC Form to the Court’s JA and if done, the PTC will NOT be continued, and the parties must appear at the hearing
    • Forms are available on the Criminal Division page.

Civil Zoom Hearings

• Certain hearings will have the option of being heard via Zoom. However, the Court reserves the right to require the parties to appear in person for any schedules or future hearing by providing reasonable notice to the parties.
• Absent an order from the Court permitting a trial or eviction to occur by Zoom, trials and evictions shall take place live in the courtroom and the notice shall include language that the hearing is taking place live in the courtroom.
• The following are Civil Hearings with the ability to be heard via Zoom:
  • Civil Traffic Infraction Hearings (non final hearings)
  • Civil Animal Pre Trial-Conferences
  • Case Management/Status Hearings
  • Evidentiary Hearings (expected to last less than 30 minutes)
  • Hearings on Claims of Exemptions

Arraignments

• Will be conducted in person and Defendants are required to appear in Court at their issued court date (summons or Notice to Appear)

VOP Hearings

• Will be conducted in person and all parties must appear in person at the scheduled time.

Pro-Se Criminal Pre-Trial Conference

• Will be conducted in person and all parties must appear in person at the scheduled time.

Public Defender Pre Trial-Conferences

• Will be conducted in person and all parties must appear in person at the scheduled time unless there is a Waiver of the Defendant’s Appearance or a Stipulation to Continue the PTC Form has been submitted..

Docket Sounding

• Will be conducted in person and all parties must appear in person at the scheduled time.

Criminal Evidentiary Hearings

• Will be conducted in person and all parties must appear in person at the scheduled time.

Small Claims Pretrial Conferences

• Will be conducted in person and all parties must appear in person at the scheduled time.

Landlord / Tenant Final Hearings

• Will be conducted in person and all parties must appear in person at the scheduled time.

Civil Animal Final Hearings

• Will be conducted in person and all parties must appear in person at the scheduled time.

Civil Traffic Final Hearings

• Will be conducted in person and all parties must appear in person at the scheduled time.

Criminal & Civil

• The Court will indicate at the hearing whether or not to submit proposed orders on the motion.
• Attorneys are encouraged to use the statewide Portal as is described in Administrative Order 2022-1.2 however, attorneys may send proposed orders to the Judicial Assistant via email or by hard copy.
  • Do not sent orders in more than one way. For example, if you use the portal, do not also send in a hard copy or email a copy to the Judicial Assistant.
• Note: Cover letters must accompany all proposed orders submitted to the Court detailing:
  1. The basis for submitting the proposed order (ex: granted at a hearing, default, etc.)
  2. Whether the proposed order has also been sent to opposing counsel.
  3. Whether there is a stipulation/agreement to the proposed order by opposing counsel.
• If the parties wish to mail proposed orders to the Court, the parties must supply copies of the proposed order with conforming and return stamped envelopes for all parties and must include a cover letter with the details listed above.
• In matters where both parties are represented by counsel, agreed orders may be emailed to the Judicial Assistant where service via email is indicated and email addresses are provided however, there must still be a cover letter with the details listed above.

General Guidelines

• The calendars for Division B detailing the dates of certain types of hearings can be found on the Criminal Division or Civil Division pages.
• All motions shall be filed in the court-file before requesting or setting a hearing.
• Pursuant to Rule 3.190, every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party.
• Please email courtesy copies of Notice of Hearings to the Judicial Assistant and opposing counsel.
• Civil hearings may be scheduled using the Court’s Judicial Automated Calendaring System (JACS).
  • If you are requesting more than 30 minutes, please contact the Judicial Assistant to specially set it.
  • If you find there is insufficient hearing time available on JACS or you have to wait more than two weeks to obtain hearing time, please contact the Judicial Assistant.
  • Hearings are limited to the time reserved, therefore the party reserving and scheduling the hearing should consult with opposing counsel to determine how much hearing time is necessary.
• If an interpreter is needed, you must arrange for the interpreter. The Twelfth Judicial Circuit provides interpreters for all court events, if requested properly in advance. Please visit the Court Interpreters Page for information on scheduling an interpreter.

Note: If the parties go over the allotted time, the Court may stop the hearing and require the parties to discuss rescheduling the remainder of the hearing for another date and time.

Cancellation of Hearings / Resolution of Trials

• Hearings scheduled through JACS may be cancelled using JACS up to three days prior to the hearing date however, if the JACS deadline for cancelling a hearing has passed, the scheduling party must contact the Judicial Assistant to cancel the hearing, notify all parties of the cancellation, and file a Notice of Cancellation with the Clerk.
  • Note: If the hearing is cancelled within 24 hours of the scheduled hearing, every attempt to notify the opposing party and the Court shall be made.
  • Note:Please email courtesy copies of Notices of Cancellation to the Judicial Assistant as soon as the hearing is cancelled.
• After Hours Notification: 
  • If there is a resolution to a motion or a trial is going to resolve in some way (i.e. plea or dismissal), and this occurs after 5pm or on a weekend, the parties must send an email to codivisionb@jud12.flcourts.org with the following info:
    • Subject Line: Style of Case (Case # and Party Names)
    • Body of Email: Shall include the type of matter set (i.e. Motion to Suppress or Trial) with the date and time the matter was set for, and a note indicating that the reason for the cancellation. 

Note: The scheduling party of any motion will still have to file a Notice of Cancellation with the Clerk and inform the Judicial Assistant during normal business hours.

Credit Time Served (CTS) Plea Hearings

• For any Credit Time Served (CTS) plea that will result in a Defendant being released from custody completely, the Court will make every effort to hear such a plea within 24—48hrs of the date of the request by the attorney.
  • If the Defendant will remain in custody on other charges (misdemeanor or felony) or will be transferred to another jurisdiction’s custody, the plea will be cancelled. 
• It will be up to the attorney to send an email to the JA with the following information:
  • Client’s Name
  • Clerk Case Number(s) 
  • A specific statement that says: “This plea will result in the client being released from custody.”
• In addition to the normal Criminal Plea/Motion and Jail Hearing dates, these CTS pleas can also be set at any of the following additional hearings with proper notice given to the SAO, the Clerk and the Jail:
  • Private Attorney Pre-Trial Conferences 
  • Pro-Se Pre-Trial Conferences 
  • VOP Hearings 
  • Docket Sounding 
  • Trial Status 
  • Arraignments when Judge Legler is handling them.
  • First Appearances when Judge Legler is handling them.
  • The morning of any Trial Week at 8:45am. 

Note: The jail must be notified of the plea by 3pm the day before the plea is to occur otherwise, the jail will not accommodate the plea.

Motion for Rehearing

• Do not set Motions for Rehearing for a hearing; these motions shall be submitted directly to the judge along with a cover letter.
• The judge will first review the motion to determine whether or not a hearing is necessary.
• If necessary, the Court will reach out to the parties to schedule the hearing.

Motions/Order for Release of Uncharged Defendants

• Defense shall forward to Judge’s chambers and the appropriate Assistant State Attorney (ASA), a copy of his or her Motion.
• The Judicial Assistant will call and email the Defense and ASA to confirm receipt of the date/time stamped motion.
• If the ASA files charges by 5:00 pm the same date the Defense motion is filed, he/she shall provide a copy to both the Judge and Defense attorney. At that time, the Court will write on the proposed order: “Denied, Information filed” and said Order is to be filed with the Clerk. This will end all action on this particular matter.
• If the ASA notifies the Judge and Defense that he/she has no objections to the Defendant’s immediate release, the Judicial Assistant will contact the Defense attorney to pick up an Order. The ASA’s notification shall be on a copy of the original Defense motion and contain the words: “I have no objection to this Defendant’s immediate release” followed by his/her signature. The Defense attorney shall be in charge of providing the Order to the appropriate parties to secure the Defendant’s release.
• If the ASA does not respond by 5:00 pm on the date the Defense motion is filed, the motion shall be placed for hearing at the very next available hearing date or within 72 hours. The Defense attorney shall prepare the Notice of Hearing.

Motions re: Speedy Trial Issues and Notice of Expiration of Speedy Trial

• When filing Motions for Speedy Trial or Expiration of Speedy Trial with the Clerk, Defense shall forward courtesy copies to Judges Chambers via email or fax and to the appropriate ASA by the end of that same work day.

Substitution of Counsel

• When a private attorney comes into a case after the Public Defender has been appointed, a Stipulation of Substitution of Counsel will be filed with a proposed Order. The Defendant is required to sign the document prior to submitting.

Criminal Plea in Absentia

• Subject to the Court’s approval, the Defendant may enter his/her plea in absentia.
• All completed plea in absentia (PIA) paperwork must be submitted to Chambers in hard copy form at least 24 hours prior to scheduled PIA date and the Court requires the original documents.
• Paperwork will need to be prepared as normal, notarized, and fingerprints (if required) will need to be submitted and the Defense attorney is to schedule a PIA with the Court and do a Notice of Hearing indicating the format the plea will be done (i.e. plea in absentia.)
• The Defense attorney can schedule pleas in absentia via zoom however, Clients will be ordered to report to probation in person (if local) within an allotted time or check in by phone if not local. Defense attorneys are required to let probation know and provide probation intake form to probation department immediately after plea.

Criminal Competency

• Upon receipt of a legally sufficient motion pursuant to Rule 3.210(b) of the Florida Rules of Criminal Procedure, the Court will enter an order appointing an expert for purposes of evaluating competency.
• The Court will choose this expert based upon a rotation of the approved experts in this jurisdiction unless there is a stipulation as to the expert both parties agree to use.
• The Court will consider the appointment of additional experts at a hearing on a motion from either the State or Defense.

Evictions

• Once the Clerk has entered the Default, the Final Judgment of Possession may be emailed to the Judicial Assistant (hard copies are not necessary).
• Once signed, the Judicial Assistant will scan and email them back and if a response is filed, the Court will review the response and determine whether a hearing is warranted.
• If a hearing is required, the Judicial Assistant will schedule the hearing and notify all parties.

Small Claims Pretrial Conferences

• If a plaintiff has not been able to serve all of the defendants in the case, the Court will leave the case open without the necessity of the plaintiff appearing upon request from the plaintiff.
• It will be the responsibility of the plaintiff to obtain another summons through the Clerk of Court to schedule another SC PTC court date.

Emergency Hearings

• All requests for emergency hearing time must be made by first filing an emergency motion with the Clerk and then providing a copy of the motion to the Judicial Assistant for the Judge’s review.
• The motion shall contain certification that the attorney has personally spoken with opposing counsel, or has made diligent attempts to contact opposing counsel, in an effort to resolve the disputed issue(s) and recite opposing counsel’s position prior to requesting an emergency hearing.
• The motion shall be accompanied by a cover letter that must include an estimate of the amount of hearing time required. The Judge will review the motion to determine whether an expedited hearing is necessary and will contact the parties to set it as soon as possible.