Judge Johanna Benedi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Communication
Chambers
Document Filing Requirements8 rules
Checked against the court's document on Oct 4, 2026Mandatory
A hearing-setting request must include the written motion, defendant’s name, case number, matter to be addressed, and whether an interpreter or the defendant is required.
The request should include the written motion, defendant’s name, case number, motion/matter to be addressed, whether an interpreter is required, and whether the defendant’s presence is required .
Document Type
Hearing Request
Checked against the court's document on Oct 4, 2026Mandatory
The defendant must file a return-of-property hearing notice stating the hearing date, time, physical address, and Zoom meeting ID.
Then, defendant must file a notice of hearing indicating the date, time, physical address, and zoom meeting ID for the motion calendar hearing date for your motion for return of property.
Document Type
Notice Of Hearing
Checked against the court's document on Oct 4, 2026Mandatory
Evidentiary hearings are held in person.
All evidentiary hearings are held in person .
Document Type
Evidentiary Hearing
Checked against the court's document on Oct 4, 2026Mandatory
Motions to set aside a bench warrant must be heard in person unless the Court allows otherwise.
Motions to set aside bench warrant must be heard in person, unless otherwise allowed by the Court.
Document Type
Bench Warrant Motion Hearing
Checked against the court's document on Oct 4, 2026Important
Attorneys are expected to appear in person for Motion Calendar unless they have made a request under Florida Rule of General Practice and Judicial Administration 2.530.
** Attorney are expected to appear in person for Motion Calendar unless a request has been made to the Court pursuant to Florida Rule of General Practice and Judicial Administration 2.530.
Document Type
Motion Calendar Appearance
Checked against the court's document on Oct 4, 2026Important
Emails about scheduling a motion hearing must use the subject line format “HRG REQUEST M21-012345 JOHN DOE.”
E-mails must include the subject line: HRG REQUEST M21-012345 JOHN DOE.
Document Type
Hearing Request Email
Checked against the court's document on Oct 4, 2026Important
Agreed orders may be submitted to chambers with the motion, order, signed stipulation, and email or other proof of both parties’ agreement.
Agreed orders may be submitted to chambers. Include the motion, the order, and the stipulation signed by both parties, an email or other proof indicating agreement of both parties.
Document Type
Agreed Order Submission
Not confirmed. Read the court's wording below.Mandatory?
If there is a bond on the case that was estreature, the motions must attach an affidavit from the bondsperson that the surety is willing to remain on bond. Failure to do so may result in denial of the motion.
Summary: If the case has a bond that was estreated, the motion must include a bondsperson affidavit confirming the surety is willing to remain on bond; failure may result in denial.
Document Type
Motion To Set Aside Bench Warrant
Filing & Service rules
Electronic Filing Rules
For a seal-and-expunge matter, the defendant must file the original with the Clerk’s office and send a copy to chambers.
Defendant must file the original with the Clerk's office and send a copy to chambers.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | SEAL AND EXPUNGE
Filing Timing and Cure Windows
Written pretrial motions must be filed seven days before trial, and written responses must be filed three days before trial.
PRETRIAL MOTIONS: Pretrial Motions including but not limited to Motions to Suppress , Daubert Motion, Motion to Exclude, and Probable Cause Motions must be filed in writing seven (7) days before trial and responses to be filed in writing three (3) days before trial.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | PRETRIAL MOTIONS
Requests for the following day’s calendar must be received by 1:30 PM unless exceptional circumstances apply.
Requests to set cases on the following day’s calendar must be received by 1:30 PM absent exceptional circumstances.[1]
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
A motion in limine must be filed seven days before trial to be addressed pretrial; noncompliance may lead to a continuance charged to the noncompliant party or the motion being stricken as untimely.
Motions in Limine: Motions in Limine will be addressed pre-trial so long as it is filed seven (7) days prior to same. Failure to comply with this directive may result in continuance of trial attributable to the non-compliant party or striking the Motion as untimely.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MOTIONS IN LIMINE
Written responses to pretrial motions must be filed three days before trial.
Pretrial Motions including but not limited to Motions to Suppress , Daubert Motion, Motion to Exclude, and Probable Cause Motions must be filed in writing seven (7) days before trial and responses to be filed in writing three (3) days before trial.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | PRETRIAL MOTIONS
Parties should provide the Court with any case law they will present two days before the hearing.
If the parties have case law they will present to the Court, please provide it two days prior to the hearing.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MISCELLANEOUS POLICIES AND PROCEDURES
A return-of-property motion will be scheduled about ten days later to allow time to notify the arresting agency and for the State to determine whether there is an objection.
The motion will be scheduled on or about 10 days after to give the moving party time to notice the arresting agency of the hearing and to give the State sufficient time to determine if it, or the arresting agency, has an objection.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | RETURN OF PROPERTY
Service and Proof of Service Rules
The motion and hearing notice must be served on both the agency holding the property and the State.
Both the motion and notice of hearing need to be served on the agency holding the property as well as the State.
Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases
Page 1 | RETURN OF PROPERTY
Motions must be filed and served on opposing counsel five days before the hearing, with time computed under Florida Rule of General Practice and Judicial Administration 2.514.
Motions must be filed and served upon opposing counsel five (5) days prior to being heard. See Fla. R. Gen. Practice and Jud. Admin. 2.514 regarding computation of time.
Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MOTIONS
To have a return-of-property motion set, defendants must file the original with the Clerk’s Office and provide copies to the Judicial Assistant and opposing counsel.
Defendants must file the original motion with the Clerk’s Office and provide a copy to the Judicial Assistant and cover opposing counsel for the motion to be set.
Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases
Page 1 | RETURN OF PROPERTY
The agency’s legal department should receive notice at least ten days before the hearing.
Notices should be sent to the legal department for that agency with at least ten (10) days’ notice.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | RETURN OF PROPERTY
The opposing party must receive a copy of the emergency or urgent motion and the explanatory email.
A copy of the Motion and email must be sent to the opposing party. [2]
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | EMERGENCY OR URGENT MATTERS
Failure to file or provide notice or proof of notice to all interested parties is grounds to deny a return-of-property motion.
Failure to file/provide notice/proof of notice to all interested parties will be grounds for denial of the motion.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | RETURN OF PROPERTY
Courtesy Copy Requirements
Courtesy copies may be emailed to the Judicial Assistant.
METHOD OF PROVIDING COURTESY COPIES: Courtesy copies may be provided by email to the Judicial Assistant. See directory for email.
Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases
Page 1 | METHOD OF PROVIDING COURTESY COPIES
Pre-Motion Conference Requirements
Before setting a motion for hearing, movant’s counsel must confer or make a reasonable effort to confer in good faith with affected parties, and the parties must inform the Court which issues were resolved and which remain unresolved.
Prior to setting any motion for hearing, counsel for the movant shall confer (orally or in writing), or make a reasonable effort to confer (orally or in writing), with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with movant’s counsel shall cooperate and act in good faith in attempting to resolve the dispute. If, after conferring, certain issues have been resolved by agreement, the parties shall inform the Court of the issues so resolved and the issues that remain unresolved.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
The Court may limit the number of motions heard at a setting or reset motions requiring more argument time.
The Court reserves the right to restrict the number of motions heard on a particular setting or reset motions that require additional time to argue.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MOTIONS
Absent exceptional circumstances, motions may not be specially set earlier than one week before trial; noncompliance may result in a trial continuance attributable to the noncompliant party.
Absent exceptional circumstances, motions may be special set for hearing no sooner than one (1) week before the case is set for trial. Id. Failure to timely comply with this directive may result in continuance of trial attributable to the non-compliant party.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MOTIONS
Attorneys are expected to communicate about procedural and discovery issues and genuinely attempt in good faith to resolve them before seeking Court intervention.
Meet-and- Confer. Attorneys are expected to conduct themselves professionally at all times. This includes communicating with each other regarding procedural and discovery issues that arise and genuinely attempting in good faith to resolve them before asking the court to intervene.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MISCELLANEOUS POLICIES AND PROCEDURES
Adjournment & Extension Requirements
If counsel is unavailable, set the motion for continuance before the trial calendar.
If Counsel is unavailable, please set the Motion for Continuance prior to the trial calendar.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Motions for continuance should be made as soon as possible.
CONTINUANCES: Motions for Continuance should be made as soon as possible.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Absent good cause, failure to meet the pretrial-motion filing deadlines is sufficient basis to charge a continuance to the requesting party.
Failure to do so, absent good cause, is sufficient basis for the Court to charge a continuance to the requesting party.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | PRETRIAL MOTIONS
For a continuance request, reasonable efforts should be made to avoid unnecessary inconvenience by alerting the other side.
All reasonable efforts should be made to avoid unnecessary inconvenience to witnesses and defendants by contacting the other side to alert them of any such request.
Not confirmed. Read the court's wording below. · Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Chambers Communication Rules
A motion to modify or revoke bond must be emailed to the Judicial Assistant, who will place it on the first available date.
Motion to Modify/Revoke bond MUST be emailed to the Judicial Assistant who will place the Motion on the first available date.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MOTION TO MODIFY OR MOTION TO REVOKE BOND
A motion requesting urgent or emergency action must be emailed to the Judicial Assistant with an explanation, and the motion and email must also be sent to the opposing party.
Any Motion filed, requesting urgent or emergency action, must be sent to the Judicial Assistant with an email explaining the emergency or urgency. A copy of the Motion and email must be sent to the opposing party. [2]
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | EMERGENCY OR URGENT MATTERS
After filing a motion, send a copy to the Judicial Assistant by email and use the specified hearing-request subject-line format.
A copy of the filed motion must be forwarded to the Judicial Assistant by e-mail once filed to ensure it is properly scheduled. E-mails must include the subject line: HRG REQUEST M21-012345 JOHN DOE.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | MOTIONS
To schedule a hearing, email the Judicial Assistant and opposing counsel with the written motion and the specified case, motion, interpreter, and defendant-presence information.
To set the case for hearing, contact the Judge’s Judicial assistant and opposing counsel by e-mail. The request should include the written motion, defendant’s name, case number, motion/matter to be addressed, whether an interpreter is required, and whether the defendant’s presence is required .
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
After filing a return-of-property motion, the defendant must contact the Judicial Assistant to schedule it on the calendar.
After the filing of the motion for return of property, the defendant must contact the Judicial Assistant to schedule the motion on Calendar.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | RETURN OF PROPERTY