Judge Peter Holden
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Court-wide- 1 copy
Motion
Court-wide- 1 copy • Email • Upon Filing
Motion For Rehearing
Court-wide- 1 copy • Email • Upon Filing
Notice Of Change Of Plea
Court-wide- 1 copy • Email • Upon Filing
Communication
Chambers
Clerk
Phone
Chambers
Phone
Clerk
Chambers
Chambers
Phone
Court-wideChambers
Phone
Court-wideChambers
Document Filing Requirements13 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Agreed Motions must contain a statement indicating the agreement. Agreed motions do not need to be scheduled for hearing unless the Court deems it necessary. Agreed Motions must contain the language, "Agreed Motion" in the title.
Summary: Agreed motions must be titled 'Agreed Motion' and contain a statement of the agreement, and need not be set for hearing unless the Court requires it.
Document Type
Agreed Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Motions for Continuance must be submitted to the Court with an attached order on or before the Thursday PRIOR to Calendar Call.
Summary: A motion for continuance must be submitted with an attached proposed order.
Document Type
Motion For Continuance
The quote is in the court's document. The summary is not checked yet.Mandatory?
ALL terms must be listed on the Notice of Hearing for EACH case. There shall be nothing left open for interpretation.
Summary: The notice of hearing must list ALL plea terms for each case with nothing left open for interpretation.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
All case names and numbers requesting a Negotiated Plea must be listed on the Notice Hearing in the header section.
Summary: The notice of hearing for a negotiated plea must list all requested case names and numbers in the header section.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
All case names and numbers requesting a Global Plea must be listed on the Notice Hearing in the header section.
Summary: The notice of hearing for a global plea must list all requested case names and numbers in the header section.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
All motions must clearly state the charges against the Defendant.
Summary: Every motion filed in Division FC must clearly state the charges against the Defendant.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
If the motion is to be canceled, then a Notice of Cancellation of the hearing must be filed with proper notice to all interested parties.
Summary: Cancelling a motion hearing requires filing a Notice of Cancellation with proper notice to all interested parties.
Document Type
Notice Of Cancellation
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Notice shall include the date and time of the hearing and the length of time set aside for the hearing.
Summary: The notice of hearing must state the hearing date, time, and the length of time set aside.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
Hearings WILL NOT be set without a Notice of Hearing from the parties and a copy of the MOTION.
Summary: Hearings will not be set unless the parties provide a notice of hearing and a copy of the motion.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
Agreed Orders: submitted with Agreed Motions must contain the language "Agreed Order" in the heading.
Summary: Agreed orders submitted with agreed motions must contain the words 'Agreed Order' in the heading.
Document Type
Agreed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Motions to Withdraw must include a certificate of service to the Defendant and the Notice of Hearing must include the same.
Summary: Motions to Withdraw, and their notices of hearing, must include a certificate of service to the Defendant.
Document Type
Motion To Withdraw
The quote is in the court's document. The summary is not checked yet.Mandatory?
You must submit your user agreement, which must be notarized, with a copy of the Driver's License to div07@17th.flcourts.org.
Summary: Self-represented litigants must submit a notarized user agreement with a copy of their driver's license to div07@17th.flcourts.org to obtain CMS access.
Document Type
Cms User Agreement
The quote is in the court's document. The summary is not checked yet.Important?
It is the responsibility of the moving party to provide the Court with a copy of the filed motion and NOH.
Summary: For speedy trial requests set through CMS, the moving party must provide the Court with a copy of the filed motion and notice of hearing.
Document Type
Speedy Trial Motion
Filing & Service rules
Electronic Filing Rules
The notice of hearing for a negotiated or global plea must not be e-filed until Division FC approves it.
The Notice of Hearing shall NOT be e-filed until it is approved by Division FC.
The quote is in the court's document. The summary is not checked yet.
Page 1 | DIVISION FC SCHEDULE
Attorneys may submit proposed orders with applicable attachments directly on CMS-Workbench for electronic signature by the Judge.
Per the Judge's instructions, kindly submit your order with any applicable attachments directly on CMS.
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Page 1 | CMS Orders
Filing Timing and Cure Windows
For special set hearings, the motion must be filed with the Clerk of Court before submitting it to the Judicial Assistant.
You MUST first file your motion with the Clerk of Court.
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Page 1 | Special Set Hearings (15 minutes or longer)
A reserved special set hearing time will be cancelled if the moving party does not furnish the notice of hearing to the Judicial Assistant within two business days after the time is offered.
If the moving party fails to furnish a copy of the notice of hearing containing the foregoing to the Judicial Assistant within two (2) business days after the hearing time is first offered by the Judicial Assistant, the hearing time set aside shall be subjected to cancellation.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Special Set Hearings (15 minutes or longer)
Documents requiring the Court's review for a special set hearing must be submitted at least 48 hours before the hearing.
DOCUMENTS REQUIRING REVIEW OF THE COURT FOR A SPECIAL SET HEARING MUST BE SUBMITTED TO THE COURT AT LEAST 48 HOURS IN ADVANCE OF THE HEARING.
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Page 1 | Scheduling Hearings
The global plea hearing will be canceled if the Judicial Assistant does not timely receive all necessary documents before the requested hearing date.
IF THE JUDICIAL ASSISTANT DOES NOT RECEIVE ALL DOCUMENTS NECESSARY TO THE GLOBAL PLEA HEARING PRIOR TO THE HEARING DATE REQUESTED IN A TIMELY MANNER, THE HEARING WILL BE CANCELED.
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Page 1 | DIVISION FC SCHEDULE
If the parties reach an agreement, an agreed order must be submitted before or at the hearing, and absent an agreed order the parties must attend.
If the parties have reached an agreement, an agreed order resolving the matter shall be submitted to the office prior to, or at the time of the hearing. If an agreed order is not submitted prior to the hearing, parties are expected to attend.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Cancellations
Service and Proof of Service Rules
The notice of hearing must certify that the other party received notice via email.
The notice of hearing shall certify that the other party has received notice via email.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motion Calendar ("MC")
The Court will refuse to hear a motion to withdraw if the Defendant is not present and proper notice was not given.
The Court will not hear any motion to withdraw where the Defendant is not present and no proper notice was given.
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Page 1 | DIVISION FC SCHEDULE
The moving party must serve the non-moving party and email the notice of hearing to the Division/Judicial Assistant; the Judicial Assistant is not responsible for confirming the non-moving party received notice.
Upon confirming the availability of the non-moving party, the moving party shall prepare and serve the non-moving party, and email the Division/Judicial Assistant a copy of the notice of hearing on your motion. It is NOT the Judicial Assistant's responsibility to ensure or confirm that the non-moving party has received notice.
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Page 1 | Special Set Hearings (15 minutes or longer)
When a written continuance is granted the filing attorney must notify opposing counsel; if denied, the parties must appear at calendar call.
If a written continuance is granted, it is the filing attorney's responsibility to notice the opposing counsel. If a written continuance is denied, the parties must appear at calendar call.
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Page 1 | DIVISION FC SCHEDULE
Filing Bundling Requirements
Orders must be filed together with their appropriate motion on CMS or the Court will reject the order.
ALL ORDERS MUST BE FILED WITH THEIR APPROPRIATE MOTION OTHERWISE THE COURT WILL REJECT YOUR ORDER.
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Page 1 | CMS Orders
No additional or add-on hearings are permitted at arraignment.
No Additional Or Add-On Hearings Are Permitted At Arraignment
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Page 1 | DIVISION FC SCHEDULE
No additional or add-on hearings are permitted at Calendar Call.
No additional or add-on hearings are permitted at Calendar Call
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Page 1 | DIVISION FC SCHEDULE
Pre-Motion Conference Requirements
The moving party must coordinate with opposing counsel or the opposing side before setting a Motion Calendar hearing.
The Moving party must coordinate with the opposing counsel/side prior to setting the hearing.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motion Calendar ("MC")
Adjournment & Extension Requirements
Continuance motions (from either Defense Counsel or the State) must be submitted with an attached order by the Thursday before Calendar Call, and only emergency written motions will be addressed after that.
Motions for Continuance must be submitted to the Court with an attached order on or before the Thursday PRIOR to Calendar Call. Only emergency written motions will be addressed thereafter. This applies to both Defense Counsel and State Attorney Requests.
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Page 1 | DIVISION FC SCHEDULE
Chambers Communication Rules
The Judicial Assistant must be provided all State Attorney Office documents for a negotiated plea in each case.
Judicial Assistant shall be provided ALL documents from the State Attorney Office for a Negotiated Pleas for EACH case.
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Page 1 | DIVISION FC SCHEDULE
A party must seek the Court's permission to appear via Zoom at least 48 hours before the hearing.
If a party is requesting to appear via ZOOM, they must seek permission from the Court 48 hours in advance of the hearing
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Page 1 | ZOOM Hearings
For Motion Calendar hearings, the moving party must send the Judicial Assistant a copy of the filed motion and notice of hearing.
You must send the JA a copy of the moving parties filed motion and notice of hearing.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Motion Calendar ("MC")
The Judicial Assistant must be provided all State Attorney Office documents for a global plea in each case.
Judicial Assistant shall be provided ALL documents from the State Attorney Office for a Global Plea for EACH case.
The quote is in the court's document. The summary is not checked yet.
Page 1 | DIVISION FC SCHEDULE
For special set hearings, the moving party must email the Judicial Assistant a copy of the written motion with proper service on all entitled parties.
Please email the Judge's Judicial Assistant a copy of the written motion setting forth the requested relief, with proper service of copies to all entitled to receive copies.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Special Set Hearings (15 minutes or longer)
Attorneys and parties may not cancel hearings without first contacting the Judicial Assistant at divfc@17th.flcourts.org.
Attorneys and/or parties cannot cancel hearings without contacting the Judicial Assistant (divfc@17th.flcourts.org).
The quote is in the court's document. The summary is not checked yet.
Page 1 | Cancellations
Interpreter requests must be made to the Judicial Assistant (with the JA copied on all emails) at least 3 days before the hearing, or 7 days before for languages other than Spanish or Haitian Creole.
Please notify the Judicial Assistant at the telephone number above or via email to: divfc@17th.flcourts.org, at least three (3) days prior to your hearing if you require the services of an interpreter. For a language other than Spanish or Haitian Creole, please contact the Judicial Assistant at leave seven (7) days prior to your hearing. You may also contact the court interpreter's office at interpreterrequest@17th.flcourts.org. Please make sure to include the Judicial Assistant on all emails for requests for an interpreter.
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Page 1 | Interpreters
Matters requiring more than 10 minutes must be requested as a special set hearing through the Judicial Assistant.
Parties wishing to set matters that require in excess of ten (10) minutes should request a special set hearing from the Judicial Assistant.
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Page 1 | Motion Calendar ("MC")
The moving party must tell the Judicial Assistant the estimated hearing time and the number of witnesses for each side.
The moving party shall also notify the Judicial Assistant as to the estimated amount of time expected to be needed to complete the hearing and the number of witnesses for each side.
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Page 1 | Special Set Hearings (15 minutes or longer)
Questions about using CMS Workbench should be emailed to calendar@17th.flcourts.org.
IF YOU HAVE ANY QUESTIONS ABOUT HOW TO USE CMS WORKBENCH PLEASE EMAIL: calendar@17th.flcourts.org
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Page 1 | CMS Orders
Division FC's Judicial Assistant can be reached at divfc@17th.flcourts.org or 954-831-7340 for scheduling and procedural matters.
Judicial Assistant: Sheila Oldershaw Division Electronic mail address: divfc@17th.flcourts.org Division Telephone Number: 954-831-7340
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Page 1 | DIVISION FC POLICIES AND PROCEDURES
The Clerk of Court Felony Division telephone line (954-831-5600) is for attorneys only.
Clerk of Court Felony Division telephone: 954-831-5600 (attorneys only)
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Page 1 | DIVISION FC POLICIES AND PROCEDURES
The setting attorney must contact the court with as much advance notice as possible to reset or cancel a motion, and must advise the Court promptly if the case will plead at the scheduled time.
If the motion needs to be reset or canceled, the setting attorney has an obligation to contact the court to give as much advance notice as possible. If the case is to plea at the scheduled hearing time, the setting attorney should advise the Court as soon as possible.
We could not find this wording in the court's document. Open the source before relying on it.
Page 1 | Motion Practice