Charles Young

esc.div1.eserve@flcourts1.gov

CRIMINAL CASES

Setting Criminal Motion Hearings

Time for Criminal motion hearings are set aside on Judge Young’s calendar.  Any motion must be filed in a timely manner as to allow the opposing party sufficient time to review and determine if subpoenas are necessary, and if so to allow sufficient time for service.

Criminal Motions will not be set for hearing until the motion is filed with the Clerk of Court and the hearing is coordinated as indicated herein.

Once the motion has been filed, the filing party shall email the court’s Judicial Assistant (JA) a copy of the Motion and proposed order (in Word format) (send to ESC.Div1.Eserve@Flcourts1.gov).  The email should copy all parties and include, the Defendant’s next court date, the amount of time needed for the hearing and if the Defendant is incarcerated.

The Court’s JA will send out the proposed hearing date.  The hearing date will be deemed acceptable to any party that does not respond within 48 hours of notice of the proposed date.  Once the motion is set for hearing it will only be moved for good cause shown.

A Notice of Hearing is required for all hearings.  Once a hearing has been scheduled, the filing party shall file a Notice of Hearing and e-mail a copy of the Notice of Hearing to the Judicial Assistant at the above referenced e-mail address.  If a Notice of Hearing is not filed and e-mailed, it will not be on the Clerk’s docket and will not be heard.

If the Motion is not being opposed by the opposing party that should be stated in the Motion filed.  The Court may consider an unopposed Motion without hearing.

Bond Hearings

Unless there are exigent circumstances, all Bond Hearings shall be scheduled as indicated above for Criminal Motion hearings.  All motions for reduction in amount or modification of conditions shall be in writing.  The Court may revoke a bond with or without a hearing under appropriate circumstances.

Arraignments

If an attorney or the unrepresented defendant requests that the original date for arraignment be changed, the new date for arraignment may be moved to the next arraignment date on the Court’s calendar.  Any request to move the arraignment to a date other than the next arraignment date must be in writing and submitted to the Judge’s office in writing with copies provided to the State Attorney.

Failures to Appear (FTA)

If a Defendant fails to appear (FTA) on the scheduled court date, the Court may issue a warrant based upon the FTA.  Warrants for FTA will remain outstanding unless set aside for sufficient reason.

Attorney /Defendant Appearances

An attorney representing a Defendant is expected to be in court at the time scheduled for their client.  Failure to appear at the scheduled time is disruptive to the Court process.  If an attorney, based on good cause, is unable to make the scheduled court appearance, the attorney shall contact the Judge’s office before the scheduled time to notify the Court of the expected delay.

Unless otherwise waived by the Court or the Rules of Procedure, all court appearances shall be attended by the Defendant and, if represented, the Defendant’s attorney.

Pleas In Absentia

Attorneys must be present for Pleas in Absentia. 

CIVIL CASES

Civil hearings will not be set on any motion calendar until the motion has been properly filed with the Clerk and copied via e-mail to the Court’s JA ( Esc.Div1.Eserve@Flcourts1.gov ), and the movant has confirmed with the opposing party, if possible.

All civil hearings are scheduled through the Court’s Judicial Assistant.  When a party wants a motion to be heard, they shall contact the Court’s JA via e-mail to receive available dates.  The e-mail to the JA shall include the Case Number, the title of the Motion and the time deemed necessary for the hearing.

Civil parties shall, at least one (1) day before the scheduled hearing, provide the Court with copies of all cases cited either in a motion or reply or if the case is intended to be used during a scheduled hearing but was not cited.  Cases may be provided via e-mail at the Court’s JA’s address.

When a civil party files a notice that the matter is at issue and ready for trial, in order to comply with the Rules of Procedure the Court will set the matter for a Case Management Conference to determine if the case is ready for trial.  The Case Management Conference will be set by the Court without consultation of the parties or their counsel, if any.

AGREED ORDERS

Verification that  proposed agreed orders are agreed to must be provided for all agreed orders submitted to the Court.  Any agreed order submitted without the required verification will NOT be processed and verification will NOT be requested. 

PROPOSED ORDERS

All Proposed Orders must be submitted directly to the Judge’s chambers.  It is preferred that all Proposed Orders be delivered via e-mail to  Esc.Div1.Eserve@Flcourts1.gov .  If e-mail delivery is not possible then Proposed Orders may be provided to the Court via hand delivery of an electronic Microsoft Word version of the Proposed Order.

CIVIL HEARINGS PREFERENCES

Civil hearings may be scheduled via video conference until further Order of the Court.

The following procedures shall be followed in all civil hearings, it is therefore ORDERED as follows:

The following preferences apply to Civil Cases.

Civil hearings will not be set on any motion calendar until the motion has been properly filed with the Clerk and copied via e-mail to the Court’s JA ( Esc.Div1.Eserve@Flcourts1.gov ), and the movant has conferred with the opposing party, if possible.

All civil hearings are scheduled through the Court’s Judicial Assistant.  When a party wants a motion to be heard, they shall contact the Court’s JA via e-mail to receive available dates.  The e-mail to the JA shall include the Case Number, the title of the Motion and the time deemed necessary for the hearing.

Civil hearings less than 30 minutes may be conducted using the ZOOM audio/video program.  Parties and witnesses can join a scheduled meeting by clicking the meeting link or going to join.zoom.us and entering the Court’s meeting ID.

Once a hearing date is confirmed, the Party that requested a hearing shall send a Notice of Hearing which shall include the date, time, and the Court’s meeting ID.  552-177-1139

Parties shall, at least two (2) days before the scheduled hearing, provide the Court with copies of all cases cited in a motion, reply, and/or if a reported case is intended to be used during a scheduled hearing but was not cited.  Cases may be provided via e-mail at the Court’s JA’s address or via regular mail, but the cases must be received by the Court at least two (2) days before the scheduled hearing date.

For hearings, all hearing witnesses located in the State of Florida may be placed under oath remotely, by a person qualified to administer an Oath in the State of Florida, by audio-video communication (ZOOM) if the witness is also located in the State of Florida, so long as the witness can be positively identified.

For hearings that will have witness testimony, the party that intend to call the witness is responsible to get the witness information for the ZOOM conferencing to the witness.

A list of all witnesses, if any, intended to be called at a hearing must be provided to the opposing party at least two (2) days before the scheduled hearing.

If evidence, other than witness testimony, is to be presented during the hearing it must be done in the form of an exhibit.

All exhibits shall be individually pre-marked with an exhibit sticker that states the name of the party presenting the exhibit and sequential numbering. (Example: “John Smith #1; John Smith #2, etc.)

All exhibits shall be provided to all parties and the court via e-mail or regular (Fed-Ex, UPS, USPS, etc.) delivery such that the exhibits are received at least 48 hours before the scheduled hearing.  Any exhibits not provided pursuant to these parameters may be excluded from evidence and not considered for any purpose.

While we are going online for some hearings we are still a courtroom.  Since this cyber courtroom is going to be both audio and video, acceptable minimum standards for courtroom demeanor and dress sill apply.  Parties and witnesses will still maintain business casual appearance.  Attorneys shall maintain appropriate courtroom attire as if appearing live.

While ZOOM has the capability to record the proceedings, the ZOOM recordings are not an official court record of these civil proceedings.  If a party would like to have an official record of the proceedings, the party requiring a record shall engage a certified court reporter for such purposes and arrange for the court reporters appearance via ZOOM.