judge-welke

Brian Welke

Circuit Judge

Judicial Assistant: Sherry Turner
Office: 352-742-4206
Fax: 352-742-4230

*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case. The Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court. The Court cannot ethically read or consider any other opinions or arguments about the case. Communications that do not meet these legal requirements cannot be forwarded to the Judges.

COVID-19 Procedures

To request a hearing:

If you need a hearing during the Covid 19 Court Closures, the following procedures should be followed:

Email the Judicial Assistant of the Judge assigned to your case, requesting hearing time. The following information should be included in your email:  Case number, Case style, Motions to be heard, Date of filing of the Motions, Time needed for the Motions, and if it is an evidentiary hearing or non-evidentiary hearing.

Hearing options are as follows:

If there is one attorney, without opposing counsel; such as a Motion to Withdraw, the attorney may appear by phone. The attorney must provide a telephone number where he or she can be reached at the time of the hearing.  The Judge will initiate the call to the attorney.  These hearings are limited to 5 minutes or less.

If more than one party or attorney is participating in the hearing, then the hearing may proceed utilizing CourtCall or Zoom Video Conferencing.  If testimony is to be given, and/or evidence is to be submitted, the hearing must proceed via Zoom Video Conferencing. These hearings are limited to 30 minutes or less.

Once all parties/counsel have AGREED on the date and time of the hearing, as well as the Motions to be heard, then an email should be sent to the Judicial Assistant to confirm the hearing.  The following information should be included in the email confirming the hearing: Case number, Case style, Motions to be heard, Date of filing of the Motions, Time needed for the Motions, and if it is an evidentiary hearing or non-evidentiary hearing.  Also, a list of all email addresses of all parties/attorneys to be included in the Zoom Invitation.

The Notice of Hearing shall state if the hearing is via telephone call, if so, the number for the Judge to call; via Court Call, in which you must make a reservation through CourtCall; or via Zoom Video Conferencing with a list of all participants and their email addresses.

To Submit Proposed Orders:

All agreed orders may be submitted through email.  Do NOT send orders via email AND U.S. Mail.  This creates double work. Please submit orders in one format only.

All proposed Orders submitted via email, must be submitted in WORD format, accompanied by a proper cover letter, in PDF format.  The case number must be included in the name of the proposed Order and cover letter (ie. 2015 DR 000001.Order and 2015 DR 00001.letter.) Multiple proposed orders should be differentiated (ie. 2015 DR 000001.Order to Withdraw and 2015 DR 000001.Order of Contempt).  The cover letter must contain the following information:

  1. The case name and case number must be included in the cover letter.
  2. The party on whose behalf you are submitting the proposed order.
  3. Whether the proposed order has been submitted to all other counsel/parties in the action for their review and approval.
  4. If a counsel/party objects to the proposed order, please submit it via regular U.S. Mail or hand delivery.
  5. If the form of the order has been approved by all other counsel/parties (a hearing is likely not necessary), and email submission is accepted.
  6. If the Order is being submitted pursuant to a hearing, include the date the hearing was held, or what other basis the Order is being sent (stipulation, etc.)

If any of the parties are self-represented, and/or do not receive service via the E-Filing Portal, the proposed Orders must contain the following statement:

It is further ORDERED that within 5 days from the date of e-service of this Order, the attorney submitting this Order shall furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order has been made as set forth herein.

The Certificate of Service should read as follows:

I HEREBY CERTIFY that on this ____ day of _____________, 20__, I electronically filed the foregoing document with the Clerk of Court using the Florida Courts E-Filing Portal. I also certify that the foregoing document is being served this day on all counsel of record and interested parties, via transmission generated by the Florida Courts E-Filing Portal.

We DO NOT ACCEPT Orders via email that are not ready for immediate entry (allow 5 days to object, etc.).  You should obtain approval of opposing counsel or party of the proposed Order prior to your submission to the Judge for entry.

Should you have any questions, you are welcome to contact the Judicial Assistant for further information.

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