Appearance Procedure During Public Health Emergency
In accordance with Florida Supreme Court Admin. Order No. 20-15, In Re: Covid-19 Essential and Critical Trial Court Proceedings and Eighteenth Judicial Circuit Admin. Order No. 20-15 Amended, In Re: Continuation of Operations Based Upon Covid-19 Concern, as subsequently amended, litigants and their counsel may appear before Judge David E. Silverman in person or by video conference, as indicated herein.
Instructions and Notice
The parties and their counsel may appear in person for any hearing, except those designated as videoconference only, provided they comply with any applicable public health requirements. The parties may appear by video conference by complying with the Instructions for Appearance by Video Conference.
Counsel and pro se parties appearing by telephone or videoconference should file a Notice of Telephone or Video Conference Appearance and email a copy to Lisa.Elkhouri@flcourts18.org at least 2 business days prior to the hearing.
For the duration of the public health emergency and until the entry of subsequent Administrative Order, the entry of an order for telephonic or videoconference appearance is not required, however, the parties may submit an Order for Telephone or Video Conference Appearance via the Florida E-Filing Portal.
Attorneys and pro se parties in Small Claims cases may appear at pretrial conference and non-evidentiary motion hearing by telephone or video conference and may appear at non-jury trial by video conference by complying with the above guidelines. Pro se Small Claims litigants are required to complete and file a Non-Attorney Designation of Email Address and, unless given contrary instructions by the Court, they shall be required to participate in Online Dispute Resolution.
Any litigant or attorney representing a party may request that a Civil, Probate, Small Claims or Uncontested Dissolution of Marriage hearing be set by contacting the Court's Judicial Assistant, Lisa Elkhouri, whose email address is set forth above.
A request for hearing time may be made and confirmed by email. The request for hearing time should include your name, the name of your client, the case number, your telephone number and your scheduling request.
Before making your request, please consult the Calendar page, confer with any opposing counsel or party, and read the following guidelines for scheduling hearings.
Scheduling a hearing may involve filing and service of documents. Access to the Florida E-Filing Portal and the procedure for e-filing is set forth at Florida E-Filing Portal Procedure.
Persons with Disabilities in Brevard County
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. If you require assistance please contact:
ADA Coordinator at Brevard Court Administration, 2825 Judge Fran Jamieson Way, 3rd floor, Viera, Florida, 32940-8006, (321) 633-2171 ext. 3
NOTE: You must contact coordinator at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired in Brevard County, call 711.
Upon filing the motion, a hearing may be requested by directing an email to the Judicial Assistant attaching a completed Probate Hearing Request Form. Absent an emergency, these hearings are required to be scheduled at least 15 days in advance.
The number of expedited hearings that may be scheduled weekly is limited and probate hearing time may be found on the Calendar. Counsel should contact the Judicial Assistant to confirm the reservation of expedited hearing time.
A party or counsel requesting to appear by video conference or by telephone at a probate hearing may complete and submit a notice of telephone or video conference appearance with the information or in the form set forth above.
Additional information may be found on the Probate and Guardianship page of the Clerk of Courtís website.
Civil and Criminal Hearings
As indicated on the Calendar page, proceedings in civil and criminal cases may be scheduled during periods designated on the Calendar. Hearing time may be reserved and the hearing scheduled in accordance with the Scheduling Guidelines above.
In order to ensure that the Court has received a Notice of Appearance and Waiver of Arraignment from counsel waiving their client's appearance at arraignment, counsel may email a copy to the Judicial Assistant.
If granted leave by the Court, appearance by counsel at docket sounding for criminal cases may be made by completing and efiling the following Notice of Docket Sounding Appearance. service shall be made upon the Office of the State Attorney as set forth in the notice.
Parties attending a Small Claims Pretrial Conference may utilize the mediation services provided by the Brevard County Mediation Program. Parties to a County Civil case who qualify for participation in the Mediation Program may request the services of a program mediator by filing a motion with the Clerk, scheduling the motion for hearing with the Judicial Assistant, and providing due notice to the opposing party.
Clicking on Mediation Instructions will produce a Word document with guidelines for participation in mediation.
Inquiries regarding the Mediation Program may be directed to Deborah Haataja-Deratany at Deborah.Haataja-Deratany@flcourts18.org.