Stephen E. Toner

Courtesy copies of motions should be e-mailed to astephens@circuit5.org once they have been e-filed.

Pro se motions must be filed with the Clerk of Circuit Court, Criminal Division, with copies to the State Attorney and the Judge’s office.  Pro se motions will not be accepted via e-mail.  This includes motions to modify probation or early terminate probation.  They must be filed with the Clerk of Circuit Court.  The Clerk has offices in Brooksville and Spring Hill.  Please check their website www.hernandoclerk.com for location addresses.

Motions requiring evidentiary hearing must first be electronically filed with the Clerk of Court. After filing, the moving party shall email the Judicial Assistant to request hearing time and copy all opposing counsel. The email request must include: case style including case number, estimated time needed for the hearing, along with an attached copy of the filed motion. Upon receipt, the Judicial Assistant will provide available hearing dates and times. Hearings are not confirmed until the Court issues confirmation.

Courtesy copies of legal authority shall be clearly labeled, and emailed to the Judicial Assistant in PDF format no later than three (3) business days prior to the hearing.

All evidentiary hearings shall be conducted in person in Courtroom E, unless otherwise ordered by the Court.

Order as to Cancellations of Evidentiary Hearings

Please have the Waiver of Rights and Plea Agreement and Acknowledgment Regarding Amount of Credit Time Served (copies located below) completed and signed and credit for time served computed BEFORE court begins when the defendant is going to plea.

Interpreting services must be requested by the party that needs an interpreter well in advance of the hearing. Click here to request an interpreter.

Felony Arraignment Procedures

All felony arraignments are held in person in Courtroom E unless waived as outlined below.

For defendants represented by counsel:
If a Notice of Appearance, Waiver of Appearance, and Plea of Not Guilty are filed prior to the scheduled arraignment, neither counsel nor the defendant is required to appear.

During the arraignment docket, the Court will note the filings on the record and set the case for the next applicable court date.

Following the conclusion of the docket, counsel will receive an email from the Clerk’s Office containing the court disposition and the next scheduled court date.

Motions to Continue: Routine motions to continue and corresponding proposed orders must be filed and submitted to the Court at least five (5) days prior to the scheduled hearing. This ensures sufficient time for judicial review and for the docket to be updated accurately.

Proposed Orders: Proposed orders should be submitted in Microsoft Word format to allow for necessary edits and to ensure timely processing.

The following commonly used forms and orders are available for counsel to use and submit as appropriate. Please ensure stipulations are signed by all parties/counsel before submission.

• • January – June 2026 Color Calendar
  • Procedure for Cancellation of Evidentiary Hearings
  • Standard Order Appointing Expert for Competency Evaluation
  • Order Adjudging Defendant Incompetent to Proceed and Commitment to Department of Children and Families 
  • Order to Transfer Case Assignment to Drug Court
  • Waiver of Rights and Plea Agreement
  • Acknowledgment Regarding Amount of Credit Time Served 
  • Transport Order 
  • Joint Stipulation and Order for DNA/Prints