Stephen E. Toner

Pro se motions must be filed with the Clerk of Circuit Court, Criminal Division, with copies provided to the State Attorney, State Probation (if applicable), and the Judge’s office. Motions will not be accepted by mail or email to the Judge’s office, including motions to modify or early terminate probation. The Clerk’s offices are located in Brooksville and Spring Hill. Please refer to www.hernandoclerk.com for location addresses.

Motions requiring an evidentiary hearing must first be electronically filed with the Clerk of Court. After filing, the moving party must email the Judicial Assistant to request hearing time and copy opposing counsel. The request must include the case style and case number, the estimated time needed for the hearing, and a copy of the filed motion. Upon receipt, the Judicial Assistant will provide available dates and times based on the applicable docket to which the case is assigned. As a matter of procedure, motions are heard on the Court’s Motion Dockets and are not routinely addressed during Pre-Trial Dockets.

Once a hearing date has been agreed upon and confirmed by the Judicial Assistant, it will not appear on the docket until a Notice of Hearing is filed with the Clerk of Court by the requesting party.

Courtesy copies of legal authority must be clearly labeled and emailed in PDF format to the Judicial Assistant and opposing counsel 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.

Dependency Shelter Hearings

12:30 p.m. is reserved daily for shelter hearings, as well as any other matters the Court deems emergent.

The Department must notify the Judicial Assistant, Amy Stephens, by email at astephens@circuit5.org no later than 11:00 a.m. if a shelter hearing is requested. A copy of the completed petition must be attached to the email. Early notification is strongly encouraged to allow sufficient time for scheduling and coordination.

The Department is responsible for ensuring all parties are notified of the hearing in accordance with applicable rules.

If a parent is in custody in Hernando County, the Department must notify the Judicial Assistant by 11:00 a.m. that transport is required.

If a parent is in custody at a facility other than the Hernando County Jail, the Department is responsible for coordinating the parent’s telephonic appearance. This includes securing reliable contact information for the facility and identifying a point of contact who can facilitate the parent’s availability at the time of the hearing. All such information must be provided to the Judicial Assistant by email no later than 11:00 a.m.

Emergency Dependency Hearings

The Court may utilize the 12:30 p.m. docket for shelter hearings and other matters deemed emergent. Determination of whether a matter qualifies as an emergency rests within the sole discretion of the Court.

Emergency matters generally include, but are not limited to, issues involving the immediate health, safety, or welfare of a child, or circumstances requiring prompt judicial intervention that cannot reasonably await regular hearing time.

Requests for emergency hearing time must be submitted by email to the Judicial Assistant and must clearly identify the nature of the emergency and the specific relief requested. Supporting documentation, including any filed motion or petition, must be attached.

The requesting party is responsible for ensuring all parties are notified of the hearing in accordance with applicable rules.

The Court will determine whether the matter requires an evidentiary hearing, a non-evidentiary hearing, or may be resolved without a hearing. Where appropriate, agreed orders or stipulations may be submitted for the Court’s review without the need to set hearing time.

Submission of a request does not guarantee that hearing time will be provided. The Court may rule on the request without a hearing or set the matter for hearing as the circumstances require.

Proposed Orders and Stipulations

Agreed orders with accompanying stipulations may be submitted to the Court for review without setting hearing time. Submissions must include confirmation that all parties are in agreement and have no objection. The Court reserves the right to require a hearing if deemed necessary.

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
  • July – December 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