Judge Michael I. Rothschild
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Pleading
- 1 copy • At Least Two Days Prior To Hearing
Courtesy copies
Court-wide- 1 copy
Motion
Court-wide- 1 copy • Email • Upon Filing
Motion For Rehearing
Court-wide- 1 copy • Email • Upon Filing
Communication
Chambers
Phone
Chambers
Document Format Requirements1 rule
The quote is in the court's document. The summary is not checked yet.Mandatory?
All proposed orders must be submitted in Word form.
Summary: Proposed orders submitted electronically must be in Word format.
DOCX
Document Filing Requirements8 rules
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. The Court will not hear any Motion to Withdraw where the Defendant is not present and no proper notice has been provided.
Summary: Motions to Withdraw must include a certificate of service to the Defendant (also included in the Notice of Hearing) or the Court will not hear the motion.
Document Type
Motion To Withdraw
The quote is in the court's document. The summary is not checked yet.Mandatory?
The attorney scheduling the hearing is responsible for coordinating the date with opposing counsel as well as preparing and filing the required Notice of Hearing.
Summary: The attorney scheduling a CMS motion calendar hearing must coordinate the date with opposing counsel and prepare and file a Notice of Hearing.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
Proposed orders must be reviewed for correct style, case number, judge, jurisdiction, and date.
Summary: Proposed orders must be reviewed for correct style, case number, judge, jurisdiction, and date before submission.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Once a date has been set, the attorney setting the hearing must file a Notice of Hearing! Without a Notice of Hearing the Court may not hear the matter set unless the party opposing the motion agrees to waive the notice requirement.
Summary: A Notice of Hearing must be filed once a special set hearing date is set, or the Court may not hear the matter unless the opposing party waives the notice requirement.
Document Type
Notice Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
Agreed Motions must contain a statement indicating the agreement. Orders submitted to said motions must contain the language, “Agreed Order,” in the heading.
Summary: Agreed motions must state the agreement, and orders submitted on agreed motions must contain the language "Agreed Order" in the heading.
Document Type
Agreed Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Substitution of Counsel will only be granted where the prior attorney, the successor attorney, and the Defendant submit a written motion evidencing authorization and agreement to the substitution. Orders granting the substitution must be submitted to the Court with the motion. If there is no Defendant authorization the substitution will be denied. No substitution will be considered effective without an order of substitution executed by the Court.
Summary: Substitution of counsel requires a written motion showing authorization and agreement by the prior attorney, successor attorney, and Defendant, with the proposed order submitted with the motion.
Document Type
Motion For Substitution Of Counsel
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Court requires that all forms, orders, and other documents related to plea and sentence be prepared and signed in advance of the hearing scheduled via CMS as a negotiated change of plea. Failure to be prepared at the time the matter is called on the motion calendar will result in deletion of the matter and the parties will need to reset when all forms and documents are complete.
Summary: All plea and sentencing forms, orders, and documents must be prepared and signed before the CMS-scheduled change of plea hearing, or the matter will be deleted and must be reset.
Document Type
Plea And Sentencing Documents
The quote is in the court's document. The summary is not checked yet.Important?
Orders which do not require a specific finding of law or factual determinations shall be completed by the party seeking relief. Orders which require findings of fact or interpretations of the law will be prepared by the Court.
Summary: Parties seeking relief must prepare orders that require no findings of law or fact, while the Court prepares orders requiring factual findings or legal interpretation.
Document Type
Order
Filing & Service rules
Electronic Filing Rules
Only agreed orders or orders relating to matters addressed at a prior hearing may be submitted electronically through CMS.
Only Agreed Orders or Orders relating to matters addressed at a prior hearing may be submitted electronically.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions (CMS MOTIONS/ORDERS)
Attorneys must use the CMS system to schedule hearings on the morning motion calendar for the listed motion types and should not contact the Judicial Assistant for these motions.
CMS SCHEDULING- This division permits the scheduling of certain hearings utilizing the CMS system. Attorneys must use this system to schedule hearings on the morning motion calendar. The Judicial Assistant should not be contacted or included in the coordination of these motions; unless absolutely necessary.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section III: CMS (Motion Calendar) & Special Set Hearing Scheduling
Pro se litigants should contact the Judicial Assistant for assistance or submit proposed orders in the traditional paper manner rather than electronically.
Pro Se litigants should contact the Judicial Assistant for assistance or to submit orders in the traditional, paper manner.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions (CMS MOTIONS/ORDERS)
Filing Timing and Cure Windows
Rejected proposed orders must be resubmitted within 24 hours, or by Monday 5:00 p.m. if the rejection was submitted on a Friday.
Any order rejected for form or other reason, not related to the merits, must be resubmitted within 24 hours or by Monday 5:00 p.m. for a rejection submitted on a Friday.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions (CMS MOTIONS/ORDERS)
Service and Proof of Service Rules
All emails regarding the setting of hearings must copy opposing parties and/or counsel.
All e-mails regarding setting hearings must ‘cc’ opposing parties and/or counsel.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section III: CMS (Motion Calendar) & Special Set Hearing Scheduling
Courtesy Copy Requirements
A courtesy copy of the pleading, along with any case law, must be provided to the Court at least two days before the scheduled hearing.
Please provide the Court with any case law and a courtesy copy of the pleading at least two (2) days prior to the scheduled date of the hearing.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VIII: Expectations for ASA's, Pro Se Litigants, & Professionalism Obligations
Filing Bundling Requirements
Every written continuance request must be filed with an attached proposed order.
All written requests for continuance must be filed and provided to the Court, with an attached order, on or before the Tuesday prior to the calendar call.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section V: Continuances
Every proposed order must include the underlying motion, either attached or referenced by the date of the pre-filed CMS motion.
All proposed orders must include the motion at issue, either by attachment to the proposed order or by reference in the order to the date of the filed motion (the motion must be pre-filed in CMS).
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions (CMS MOTIONS/ORDERS)
Pre-Motion Conference Requirements
Motions subject to legal sufficiency review (e.g., suppress, dismiss, post-conviction) must be provided to the Court before a hearing is set, and the Court may rule on sufficiency before setting any hearing.
Any motion which is not subject to on-line scheduling, or which is subject to an evaluation of legal sufficiency, including but not limited to, Motions to Suppress, Motions to Dismiss, Post-Conviction motions, etc… must be provided to the Court prior to the setting of a hearing. The Court may rule on the sufficiency of the motion prior to setting any hearing.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions
Evidentiary motions and motions requiring factual determinations cannot be heard on the day of trial and must be heard before announcing ready for trial or during the week between calendar call and the first day of the trial period.
No evidentiary motions will be heard on the day of trial. While the Court will hear legal motions, such as motions in limine, any motion that requires a factual determination (including any discovery issues) must be set and heard either prior to announcing ready for trial or during the week between calendar call and the first day of the trial period.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions
Motions to Mitigate or Reduce Sentence should not be scheduled without Court approval and are generally ruled on in chambers based on the papers.
Motions to Mitigate or Reduce Sentence should not be scheduled without Court approval. The Court will generally rule on the merits of the motion based on the information provided, in chambers.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions
Agreed motions should not be scheduled for hearing unless the Court determines a hearing is necessary.
Agreed motions should not be scheduled for hearing unless the Court determines it necessary.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section IV: Court Expectations for Trials & Motions
Downward departure hearings may only be set once all parties are fully ready, bifurcation is allowed only in emergencies, and the Defendant bears the burden of presenting a treatment plan.
Hearings on downward departure motions shall only be set once all parties are fully ready to be heard. Bifurcated hearings will only be done on an emergency basis. If Defendant seeks a program, it is Defendant’s burden to present a treatment plan to the Court.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VI: Pleas with Division Plea Forms
Adjournment & Extension Requirements
Written continuance requests (with an attached order) must be filed by the Tuesday before calendar call, and only emergency written motions will be addressed after that deadline.
All written requests for continuance must be filed and provided to the Court, with an attached order, on or before the Tuesday prior to the calendar call. Only emergency written motions will be addressed thereafter. This applies to both Defense counsel and State Attorney requests.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section V: Continuances
After a 'LAST' continuance is granted, the parties must be trial ready at the next calendar call and no further continuances will be granted without good cause.
Depending on factors (including but not limited to; the age of the case, the complexity of the case, the number of prior continuances, and what work remains to have the case trial ready), the Court may grant a “LAST” continuance. If a last continuance is granted, regardless of to whom the continuance is charged, the parties must be trial ready at the next calendar call date. WITHOUT GOOD CAUSE NO FURTHER CONTINUANCES WILL BE GRANTED.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section V: Continuances
When a written continuance is granted the attorney must notice the Defendant, and if denied the parties must appear at calendar call.
If a written continuance is granted, it is the attorney's responsibility to notice the Defendant. If a written continuance is denied, the parties must appear at calendar call.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section V: Continuances
Chambers Communication Rules
Parties may not contact the Judge directly; all communication must go through the Judicial Assistant by phone or email, and ex parte communications will be ignored or filed with the Clerk.
DO NOT contact the Judge directly. All communication should be through the Judicial Assistant, either by phone or email. Any ex parte communication directly to the Judge will be ignored or, if in writing, will be submitted to the Clerk as part of the court file.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section I: Contact with Judge and Judicial Assistant
Open pleas must be scheduled on a non-motion calendar setting through the Judicial Assistant by email and may not be set through CMS.
Open pleas must be scheduled on a non-motion calendar setting and must be coordinated through the Judicial Assistant via email. Open Plea’s may NOT be set through CMS, they must be done through JA!!
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VI: Pleas with Division Plea Forms
Parties must notify the Judicial Assistant of a scheduled evidentiary motion cancellation as early as practicable, and if cancelling by agreement must submit an agreed order before cancelling the hearing.
If a scheduled, evidentiary motion is going to be cancelled, whether by submission of an agreed order or by withdrawal by the filing party, the Court expects that one or both of the parties will contact the Judicial Assistant to advise of the cancellation as early as is practicable. If the cancellation is the result of an agreement on the motion then an agreed order should be submitted prior to cancelling the hearing with the Court.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VII: Cancellations & Resolutions
Attorneys who are delayed or unable to attend a scheduled hearing must contact the Court at the first opportunity to advise of the delay or non-appearance.
The Court also expects attorneys who are delayed or unable to attend a scheduled hearing to contact the Court at first opportunity to advise of the delay or inability to appear.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VIII: Expectations for ASA's, Pro Se Litigants, & Professionalism Obligations
Email is the preferred communication method and must include the opposing attorney or pro se litigant and other necessary parties.
Communication is preferred via email. Please include the opposing attorney (or pro se litigant) and any other necessary parties on the email. Phone messages will be returned in a timely manner in the order in which they are received.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section I: Contact with Judge and Judicial Assistant
When a trial is likely to resolve, one or both parties should contact the Judicial Assistant to advise of the likely resolution as early as possible.
To the extent practicable, when parties believe that a trial will resolve the Court will expect that one or both of the parties will contact the Judicial Assistant to advise of the likelihood of a resolution as early as it is possible.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VII: Cancellations & Resolutions
Special set hearings must be scheduled by emailing the Judicial Assistant, with phone calls only when absolutely necessary, after first coordinating with opposing counsel on the total time needed.
To schedule a hearing not accommodated by the on-line system, or “special set” hearings, please contact the J.A., Kim, via the preferred email (divfg@17th.flcourts.org). Phone calls are to be made only where absolutely necessary. Prior to contacting the office to schedule a hearing, please contact opposing counsel and be prepared to know how much time, in total for both sides, will be needed.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section III: CMS (Motion Calendar) & Special Set Hearing Scheduling
The setting attorney must contact the Court with as much advance notice as possible if a motion is reset or cancelled, and must advise the Court as soon as practicable if the case will be resolved by plea.
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 be pled rather than the motion is heard, the setting attorney should advise the Court as soon as practicable.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Section VIII: Expectations for ASA's, Pro Se Litigants, & Professionalism Obligations