Long awaited, much anticipated, the Florida Supreme Court (Moto "Undoing Liberal Precedent Since 2018") issued on July 14, 2022 its amendments to the rules of civil procedure (yawn), Florida Rules Of General Practice and Judicial Administration (first we've ever heard of these rules), Rules of Criminal Procedure, Probate Rules (read em before you need em), Rules of Traffic Court, Small Claims Rules and, last but not least, rules of appellate procedure (Rule 1: PCA's shall be issued in a majority of all criminal cases).
What most readers of this blog want to know is whether they will have to appear in Hendry County, or Winterhaven, Two Egg, Florida, in person, or can appear by zoom for a status conference (hint, if you're from Miami, check the air in those tires and change the oil).
The Rule of Criminal Procedure has been amended to ALLOW judges to set zoom hearings. Broward immediately banned laptops from the Courthouse. Get the hint as to how this is going to go?
Upon the court’s own motion or upon a party’s written request, rule 3.116 authorizes a judge to direct that communication technology may be used by one or more parties for pretrial conferences, but the defendant or defendant’s counsel must waive the defendant’s physical attendance at pretrial conferences pursuant to rules 3.180(a)(3) and 3.220(o)(1). And rule 3.116 authorizes the judge to allow the taking of testimony through communication technology if all parties consent and the defendant waives any otherwise applicable confrontation rights.
Practice tip- Baker Act hearings have to be done in person. Something to do with the Florida Constitution or something like that.
Practice tip 2- if you want to take a depo by zoom, the subpoena has to say that, AND list the way to log on to zoom. Shocking, but they felt they needed to include it in the rules.
11 comments:
Winter Haven*
Ah well, it was fun while it lasted. Only thing to do is cut out today at 3, grab a few six packs and the new GF and go out on the 63 Viking from MB Marina and watch the sunset and have a few- and some beers too (lol).
Come over to civil Rump. We are all zooming all the time- damn, I redid my pool house for a home office. Threw up a sixty incher on the wall, upgraded the wifi, put in a big comfy chair, and I'm billing 750/hr while watching my GF lie by the pool in her bikini (sorry boat guy, but I have a better setup than you buddy).
We zoom all the time. I got two associates I bill at 350/hr and pay 250, and two paralegals banging out motions for 65 hr that I pay them and bill them at 150 to the ins companies who are thrilled with my work. Grossed 1.8 last year. I mean while I am zooming with some civl judge, I'm earning 285 an hour net profit 8 hours a day (4 on saturday) because of my employees. Let's just say I am in "Good hands" with my client, who pays their bills promptly. And in some of the flat fee cases, we are killing it too. G-d bless America and thank you zoom.
The name of the game in criminal is wear down the defendant so they'll just take the plea. This isn't about justice or fairness or preserving a defendant's constitutional right. It's about closing cases out to pleas. Judges know that won't happen if criminal defendants don't need to keep appearing for report re plea hearings after having to take off of work.
FACDL is working hard to get rid of Nancy Wear for attacks on the defense bar. She just may have made it easier to do that.
Go to the Florida Supreme Court website and run Nancy as a party or lawyer. She's in big trouble for serious problems with Judge Robert Watson when Watson was in county court. She even called Bar counsel dishonest.
@214, but what if the Bar counsel was dishonest? (I have no idea - just saying, that can't be an automatic mark against someone).
To 2:14 pm (Mike Catalano)
You really spend way too much negative energy on Nancy Wear.
Live life. Look for the good in people. Stay healthy. Physically AND
Mentally. Your continued public posts about Ms. Wear just make you
sound like the bad guy.
Have a nice weekend.
"Look for the good in people."
Courthouse and legal profession are not places to be looking for that.
Sounds like a zoom save. Calendar calls and soundings should never be in person unless a plea is anticipated while trials, pleas and most motions should be in person. If every judge conducts their court in this manner the necessary attendance at the courthouse will be reduced by at least 80%.
Had a couple of drinks with Judge Joe. 2 things he said:
1- He wasn’t forced out. He asked for Probate. In fact he tried to go last rotation but was bumped by a Eig bc of seniority.
2- He was fed up with the SAO “abusing their authority” to send cases to ROC e.g. offering probation pleas on PRRPs, VCCs, etc. He was sending cases back to division bc he felt the SAO was abandoning the ROC designation.
I think that’s commendable.
Oh and he’s a JD on the rocks guy.
I am Mr./Ms. 2:14 pm. No, I am not Mike. I can assure you he wants her gone too but, I am one of the lawyers she recently slandered.
Before you get all emotional, read the Supreme Court web stuff and once you see what Nancy did in front of Judge Watson, you will be disgusted too.
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