Scheduling

Counsel and parties appearing in person should comply with any applicable pu

blic health requirements and any operative Administrative Order promulgated by the Florida Supreme Court or the Eighteenth Judicial Circuit.

Counsel and pro se litigants may appear before Judge David E. Silverman by videoconference, as indicated herein, and may confirm their appearance by email to the Judicial Assistant, Alexis Leclerc, whose email address is Alexis.Leclerc@flcourts18.org. Whether appearing in person or by videoconference, counsel and pro se litigants should abide by the standards of courtroom decorum set forth in Eighteenth Judicial Circuit Administrative Order 09-06.

Counsel or any pro se litigant may request that a Criminal, County Civil, Uncontested Dissolution of Marriage and Small Claims hearing be set by contacting the Judicial Assistant. Before requesting hearing time, please consult the Calendar page, confer with any opposing counsel or party (including pro se litigants), except in extraordinary circumstances, as set forth in the Guidelines for Professional Conduct published by The Florida Bar.

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. Please include the opposing party on any email requesting hearing time whenever an email address is available. Failing to follow these Scheduling Guidelines may result in delay in 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. Pro Se litigants can find a template Notice of Hearing from the Clerk of Courts website.

Criminal Proceedings

As indicated on the Calendar page, criminal hearings may be scheduled during periods designated on the Calendar. Hearing time may be reserved and the hearing scheduled in accordance with these Scheduling Guidelines.

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.

Counsel may appear at Docket Sounding in person, by videoconference in accordance with the Instructions for Appearance by Videoconference, or, if assigned Assistant State Attorney agrees to the proposed setting, by completing and filing the Notice of Docket Sounding Appearance prior to the Docket Sounding. Service shall be made upon the Office of the State Attorney with a copy to the Judicial Assistant.

Persons with Disabilities in Brevard County

Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled, at no cost, to the provision of certain assistance. To request assistance please contact the ADA Coordinator whose address is Brevard Court Administration, Moore Justice Center, 2825 Judge Fran Jamieson Way, 3rd Floor, Viera, Florida, 32940-8006, and whose telephone number is (321) 633-2171 ext. 3

NOTE: Persons requesting accommodation should contact the ADA Coordinator at least 7 days before the scheduled court appearance or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. Persons who are hearing or voice impaired in Brevard County may call 711.

Counsel may appear by videoconference for County Civil proceedings provided they comply with the Instructions for Appearance by Videoconference. A Notice of Telephone or Videoconference Appearance is not required.

Counsel may appear by videoconference for proceedings in Small Claims cases including non-jury trials, pretrial conferences and non-evidentiary motion hearings. Pro se litigants in Small Claims litigants are required to complete and file a Non-Attorney Designation of Email Address and, unless given contrary instructions by the Court, may be required to participate in mediation and/or Online Dispute Resolution.

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 document with guidelines for participation in mediation. Inquiries regarding the Mediation Program may be directed to BrevardCourtsMediation@flcourts18.org.

County Court Judges are authorized by § 34.01(2), Florida Statutes, to issue final judgments in uncontested dissolution of marriage cases. The Court may dispense with a hearing and enter a Final Judgment of Dissolution of Marriage upon compliance with the the Uniform Procedures for Brevard County Family Division. Under the heading 'Setting Hearings,' the Uniform Procedures require in paragraph 3 that specific documents be submitted together with a proposed Final Judgment of Dissolution of Marriage. These include a competed checklist that is appended to the Uniform Procedures as 'Attachment 1.' The Uniform Procedures also require the Cover Letter submitted with the Final Judgment of Dissolution of Marriage to include, in addition to the completed UDOM checklist, a copy of the Driver's License and, if seeking to use the name change affidavit alternative, the name change affidavit. Proposed Final Judgments of Dissolution of Marriage may be submitted through the Florida Courts E-Filing Portal, however, the failure to submit this documentation may result in the rejection of the proposed judgment.

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. Counsel may appear by videoconference for County Civil proceedings provided they comply with the Instructions for Appearance by Videoconference. A Notice of Telephone or Videoconference Appearance is not required. Additional information may be found on the Probate and Guardianship page of the Clerk of Court’s website.