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Business of Law
Profile: Mark Eissey
15th Judicial Circuit of Florida
1. Do your require suppression hearings in advance of trial or may they be heard at beginning of trial? Motion to suppress should be heard prior to trial, absent exceptional circumstances. 2. Do you accept a plea at docket call or require specially set hearings? Please are permitted at any time prior to trial. 3. Which motions can be heard at 8:15 a.m. hearings? Bond Hearings? yes Sworn Motion to Dismiss? yes Evidentiary Hearings? no Other? 4. What is your policy on work release and house arrest?Work release permitted if defendant fits criteria set forth by Sheriff. 5. Do you require judgment and sentence forms to be filled out by the attorney in advance of please conference? 6. Special requests or docket call. Will you give more than one-hour notice for trial on special request? yes Under what circumstances? 7.If a case is settled, what procedure should be followed to advise your office? Contact office to advise as soon as reasonably possible. 8. Do you require Defendant to be personally present at calendar call or may the attorney appear alone? Defendant shall be present at time of calendar call unless excused by Court. 9. (Circuit Court) What is the policy for allowing felonies to be pled to misdemeanor? N/A 10.(County Court) Do you defer sentences on DUI pleas until completion of AIDE school? N/A
1. Do you require counsel to certify that a good faith effort has been made to resolve discovery disputes before motions are brought before you? yes 2. Do you consider motions to compel responses to written discovery where no response or objections whatsoever has been received or filed without the necessity of a hearing? no 3. Do you have any standard limitations or procedures reguarding discovery matters not addressed by the Florida Rules of Civil Procedure? no
1. Do you allow hearings by conference call? no If so, what is the procedure? 2. Do you have a standard order for scheduling and conducting specially set hearings? no 3. Do you allow specially set hearings to be canceled by agreement of counsel? yes, but Judge must grant the order Is an order required? yes Are there time restrictions? yes If so, what are they? must be filed in a timely manner 4. What is the maximum amount of time you allow for a specially set hearing without requiring the hearing to be placed on a non-jury docket? Motions exceeding five minutes shall be set on a non-jury docket. 5. What is the procedure for allowing matters to be set?Contact Judicial Assistant 6. Do you prefer to receive memoranda in support/opposition to motions in advance of a hearing or at the hearing? yes 7. Do you have any preference regarding the presentation of proposed orders for specially set hearings? Proposed orders should be available for Court's review. 8. What is the procedure for scheduling emergency motions? Contact Judicial Assistant 9. What is the procedure for scheduling hearings on motions for temporary injunctions? N/A 10.What is the procedure for scheduling hearings on motions for rehearing or new trials? Contact Judicial Assistant
Trial Arguments -- Opening/Closing
1. What time constraints do you impose on: Closing Arguments Jury Trial 20 mins. Non-Jury Trial 20 mins.
1. Continuance of trials When should motions for continuance be heard? No later than calendar call. Which of the following factors are important to determining whether to continue a trial? a. Parties Stipulate? yes b. Counsel's conflict with other trials yes c. Unavailability of a party? yes d. Unavailability of key expert witness? yes e. Unavailability of key fact witness? yes f. Incomplete discovery? yes g. Discovery violation by party opposing continuance? yes h. Vacations of counsel? yes i. Others? 2. When a case on the calendar is not reached: What is the procedure to get back on calendar? The case is rolled over to the next available docket date. Is the case automatically carried over? yes If so, is it to the next calendar or the next available calendar? yes Are pretrial deadlines automatically extended? no Does the case need to be renoticed? yes 3. How much notice do you give to counsel to begin trial after docket has commenced? Cases are set on one hour call. 4. Do you specially set cases for trial and if so, under what circumstances? Specially set cases for trial are permitted upon request of counsel with evidence presented to Court to justify request. 5. Do you generally try the oldest case first? yes 6.Do you use the uniform Order Setting Trial and pretrial instructions? yes 7. What witnesses must be disclosed pursuant to you Pretrial Orders? Impeachment? yes Rebuttal? yes 8. Do you have any special rules and procedures for marking evidence prior to trial? Evidence should be marked prior to trial. 9. Do you utilize a written trial conflict form for docket call? no 10. Under what circumstances do you transfer cases over to the Trial Division? Cases transferred if trial division judge available and the Court is in trial.
Donna Holden, Judicial Assistant
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