Brian Welke

General Procedures for Judge Brian Welke

GENERAL INFORMATION

All hearings require a minimum of five business days’ notice unless all parties agree otherwise.

All documents must be filed with the Clerk’s office, not the Judge’s office.

Appropriate dress is required for attorneys and all parties.  No ripped or torn jeans, shorts, tank tops, etc. will be permitted.

Please be sure to arrive on time (on time is seated and prepared to start at the noticed time) and appropriately dressed for your hearing as hearings start promptly at the time designated on your Notice of Hearing.  If you are inappropriately dressed, your hearing may be cancelled.

All participants to a virtual (Zoom) hearing must have a functional camera, speaker, and microphone.  The camera must remain active for the entire duration of the hearing. All participants are expected to dress and conduct themselves in the same manner as if in a traditional courtroom.  The environment from which a participant joins must be free from noises, distractions, or environmental interference.

If you are running late for court, please call the judge’s office to inform of your tardiness. There is no guarantee the judge will be able to accommodate you.

EMAILING THE JUDICIAL ASSISTANT

An email to the Judicial Assistant should be strictly for the purposes of scheduling a hearing, submission of proposed orders, or other court related functions and inquiries.

Please note that judicial assistants are not authorized to communicate with the Judge regarding the merits of any case or discuss legal arguments of a case.  Any and all communication that a person desires to have considered by the Court must be filed with the Clerk of the Court for docketing into the Court file, and copies must be provided to all interested parties.  This will allow all involved parties access to the communication prior to judicial review and further handling.

Judges are not permitted to consider ex parte communications from one party outside the presence of all parties and/or lawyers concerning a case before the court.

COURTROOM TECHNOLOGY

Most courtrooms provide Hearing Assist, Wireless Connectivity, Video Projections of some kid (whether by television or digital projector and screen), as well as standard audio equipment throughout.  Some of the Courtrooms have this equipment built in, while in others the equipment has to be brought in via media carts. Therefore, if you anticipate the need for certain equipment, it is important to request the equipment needed at least a week in advance to ensure availability. To request equipment, click here.

COURT INTERPRETATION

The Fifth Judicial Circuit is committed to providing qualified interpreters to limited-English-proficient and deaf persons in order to eliminate communication barriers that may prevent full participation in court proceedings necessary to ensure due process and equal access to the courts.  To request an interpreter for a hearing, click here.

AMERICANS WITH DISABILITIES (ADA) SERVICES

If you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the ADA Coordinator for the Courts below at least 7 days before your scheduled court appearance, or immediately upon receiving your notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

 To request assistance, click here or call the Services and Accommodations Coordinator, Brandon Roberts, 352-742-4221.

CIRCUIT CIVIL PROCEDURES

SCHEDULING A HEARING

Hearing availability may be obtained by calling or emailing the Judge’s office.  Dates are provided on a first come, first serve basis. Your hearing time will be secured once a phone call or email is received to confirm a specific date and time.

Any civil or probate non-evidentiary hearings of thirty (30) minutes or less may be held via Zoom Video Conference.  All evidentiary hearings require in person court appearance, as this Court does not accept remote evidence.  All hearings in excess of thirty (30) minutes require in person court appearance.

When inquiring as to available hearing time, please have the case number, case style, type of motion to be scheduled, the date the motion was filed, the amount of hearing time requested, and names of all counsel of record. The Motion must be filed prior to obtaining hearing time.

Once hearing time is coordinated with all counsel, CALL or EMAIL the Judge’s office to confirm the date prior to preparing your Notice of Hearing, to assure that time is still available, as hearing dates are first come first serve. We do not hold a hearing date/time.

It is not necessary for you to send a courtesy copy of the Notice of Hearing to this office. The electronic filing of the Notice is sufficient.

The Court requires that all hearings be coordinated. If you are unable to coordinate a hearing, please call our office; do not “piggy-back” or “cross notice” a hearing without coordinating with the judge’s office.

Cross-notice of a hearing without the Court’s approval is not permitted. Before requesting the setting of an additional motion(s) at a previously scheduled hearing, the attorneys must contact our office so the Court can determine if sufficient time is available to have the additional motion(s) heard. Your motion will not be heard if the hearing is not coordinated through the judge’s office.

EVIDENCE

All evidence being submitted MUST be submitted in person, at the time of the hearing.  Evidence should be exchanged between parties/attorneys at least two (2) days prior to the hearing.  Hearing notebooks that do not contain evidence (ie. case law) should be submitted at least five (5) days prior to the hearing to allow the Judge time to review the documents.

CANCELLING HEARINGS/TRIALS

In addition to filing your notice of cancellation, immediately notify the judge’s office by telephone and/or email when a hearing is to be cancelled. If a case has settled and should be removed from the trial docket, please contact the Court to indicate the same. Only the party that scheduled the hearing, or the Court, has the authority to cancel the hearing.

NOTICES FOR TRIAL

Notices for Trial must include an estimate of trial time needed. Once a Notice for Trial is filed with the Clerk, a copy should be emailed to the Judicial Assistant, sturner@circuit5.org. Dates for a Case Management Conference hearing will be provided to you.  Please bring your calendars to the Case Management Conference.   At the Case Management Conference, your case will be set for trial, and discovery deadlines will be established.  You will also receive the date of the Pretrial Conference hearing. All trial counsel, along with the parties, are required to attend the Pretrial Conference in person.

PROPOSED ORDERS

Proposed Orders must be submitted with a cover letter setting forth the purpose of the Order, i.e. pursuant to hearing/settlement agreement/etc., as well as a statement informing the Court as to any objections to the contents of the proposed Order.

All orders may be submitted through email.  The email address for submission of proposed orders is sturner@circuit5.org. 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 CA 000001.Order and 2015 CA 00001.letter.) Multiple proposed orders should be differentiated (ie. 2015 CA 000001.Order to Withdraw and 2015 CA 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 the form of the order has been approved by all other counsel/parties (a hearing is likely not necessary).
5. 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 (i.e. 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.

Attorneys are responsible for mailing copies to their clients and any other participants/interested parties; therefore, service copies and envelopes should not be sent to the Court.

DISCOVERY MOTIONS

Florida Rules of Civil Procedure 1.280 – 1.390 are the rules governing discovery. Prior to filing a motion regarding a discovery dispute, the court expects the attorneys to attempt to resolve the issue(s) without the court’s intervention.

EMERGENCY FILINGS

Emergency motions must be filed with the clerk, and copies emailed to sturner@circuit5.org, along with any related supporting documents, and cover letter.  YOU MUST ALSO CALL the Judge’s office to inform them of the emergency motion after submission via email, as the email is not constantly monitored.

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

CIRCUIT CRIMINAL (FELONY) PROCEDURES

Hearings for all Criminal cases are held in person, in Courtroom 1F, of the Lake County Judicial Center, 550 West Main Street, Tavares, Florida 32778.  Only a select few proceedings may be held via Zoom.

• Plea Negotiation Conference – is held via Zoom.

To obtain a time certain appointment, call or email the Judicial Assistant each month in advance of the PNC date to obtain a time certain appointment.  The time certain appointment should be made for the attorney appearing at the PNC’s.   If you obtain coverage for PNC’s, please notify the Judicial Assistant as to the name of the covering attorney to avoid delays.

Please ensure that the attorney’s name is accurately reflected in the Zoom meeting. If your Zoom ID reflects something other than the attorney’s name, ie. “Bo’s iphone” or “Frazier’s Law Group”, you will not be admitted to the hearing until the end, after all other cases have been called.

The CUT-OFF to obtain your time certain appointment is on or before 12:00 noon on the MONDAY prior to the scheduled PNC.  If the Monday before is a holiday, then the FRIDAY before the scheduled PNC at 12:00 noon, will be the cut-off.

Below is the recurring Zoom information for the PNC’s for all Private Attorney/No Attorney cases.

Click to Join Zoom Meeting

Meeting ID: 946 7919 6937

Passcode: 120471

One tap mobile

+17866351003,,94679196937#,,,,*120471# US (Miami)

+16513728299,,94679196937#,,,,*120471# US (Minnesota)

Dial by your location

• +1 786 635 1003 US (Miami)
• +1 651 372 8299 US (Minnesota)
• +1 267 831 0333 US (Philadelphia)
• +1 301 715 8592 US (Washington DC)
• +1 312 626 6799 US (Chicago)
• +1 470 250 9358 US (Atlanta)
• +1 470 381 2552 US (Atlanta)
• +1 646 518 9805 US (New York)
• +1 646 558 8656 US (New York)
• +1 253 215 8782 US (Tacoma)
• +1 346 248 7799 US (Houston)
• +1 602 753 0140 US (Phoenix)
• +1 669 219 2599 US (San Jose)
• +1 669 900 9128 US (San Jose)
• +1 720 928 9299 US (Denver)
• +1 971 247 1195 US (Portland)
• +1 206 337 9723 US (Seattle)
• +1 213 338 8477 US (Los Angeles)
• +48 22 398 7356 Poland
• +48 22 306 5342 Poland
• +48 22 307 3488 Poland

Meeting ID: 946 7919 6937

Passcode: 120471

Sentencing

Sentencing is not mandatory unless the Defendant is ready to accept a plea or be sentenced.  The case will automatically continue to the next PNC/Sentencing docket, until the Defendant is ready to accept a plea or be sentenced, or proceeds to trial.

If the Defendant is ready to be sentenced, please notify the Judicial Assistant of the intent to appear at Sentencing, and file a Notice of Sentencing in the Court file.  Sentencing is held in person; remote appearance is NOT permitted.

INMATE TRANSPORT PROCEDURES

1. PRIVATE ATTORNEYS

Please submit your request for transport no later than 2:30 pm the day prior to the actual court hearing using one of the following methods. In addition to emailing the transport request to the email below, please email the deputy assigned to the judge, if you have that information.

1. EMAIL: CourtServicesControl@lcso.org
2. FAX: 352-742-4334

PUBLIC DEFENDER

Please submit your request for transport no later than 2:30 pm the day prior to the actual court hearing, using one of the following methods. In addition to emailing the transport request to the email below, please email the deputy assigned to the judge, if you have that information.

1. EMAIL: CourtServicesControl@lcso.org
2. FAX: 352-742-4334

REQUIRED INFORMATION

Please include the following information in your transport request:

1. NAME
2. DATE OF BIRTH
3. SEX
4. JUDGE
5. TIME AND DATE OF HEARING
6. TYPE OF HEARING

SCHEDULING HEARINGS

Hearing availability may be obtained by calling or emailing the Judge’s office.  Dates are provided on a first come, first serve basis. Your hearing time will be secured once a phone call or email is received to confirm a specific date and time.

When inquiring as to available hearing time, please have the case number, case style, type of motion to be scheduled, the date the motion was filed, the amount of hearing time requested, and names of all counsel of record. The Motion must be filed prior to obtaining hearing time.

Once hearing time is coordinated with all counsel, CALL or EMAIL the Judge’s office to confirm the date prior to preparing your Notice of Hearing, to assure that time is still available, as hearing dates are first come first serve. We do not hold a hearing date/time.

It is not necessary for you to send a courtesy copy of the Notice of Hearing to this office. The electronic filing of the Notice is sufficient.

The Court requires that all hearings be coordinated. If you are unable to coordinate a hearing, please call our office; do not “piggy-back” or “cross notice” a hearing without coordinating with the judge’s office.

Cross-notice of a hearing without the Court’s approval is not permitted. Before requesting the setting of an additional motion(s) at a previously scheduled hearing, the attorneys must contact our office so the Court can determine if sufficient time is available to have the additional motion(s) heard. Your motion will not be heard if the hearing is not coordinated through the judge’s office.

PROCEDURES FOR CANCELLING HEARINGS/TRIALS

In addition to filing your notice of cancellation, immediately notify the judge’s office by telephone and/or email when a hearing is to be cancelled. If a case has settled and should be removed from the trial docket, please contact the Court to indicate the same. Only the party that scheduled the hearing, or the Court, has the authority to cancel the hearing.

PROPOSED ORDERS

Proposed Orders may be emailed to the Judicial Assistant. The email address for submission of proposed orders is sturner@circuit5.org. Do NOT send orders via email AND U.S. Mail/Hand delivery.  This creates double work. Please submit orders in one format only.

PROCEDURES FOR EMERGENCY FILINGS

Emergency motions must be filed with the clerk, and copies emailed to sturner@circuit5.org, along with any related supporting documents, and cover letter.  YOU MUST ALSO CALL the Judge’s office to inform them of the emergency motion after submission via email, as the email is not constantly monitored.

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

PROCEDURES FOR EVIDENCE

Judge Welke does not accept remote evidence. All evidentiary hearings require an in-person court appearance.  Attorneys and parties should exchange exhibits at least two (2) days in advance of the scheduled hearing.

Hearing notebooks that do not contain evidence (ie. case law) should be submitted in hard copy at least five (5) days prior to the hearing.

PROBATE PROCEDURES

All four (4) Judges have the same procedures for submitting proposed probate orders in their offices:

• Cover letters must be mailed directly to the assigned Judge’s office along with the following:
• A Portal Stamped Submission Copy of the completed corresponding Checklist
• A Portal Stamped Submission Copy of the Motion or Petition
• Proposed Order with a certificate of service
• Proposed orders received will be held for ten (10) days pending receipt of all applicable documentation, after that time, the documents submitted with the cover letter, may be destroyed.

DO’S, DO NOT’S & NOTES:

• Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).
• Please DO NOT send proposed orders to the Clerk.
• Please DO NOT attempt to e-file proposed orders through the e-portal (they will be rejected by the Clerk).
• Please DO send Original Wills and/or Death Certificates directly to the Clerk of Court.
• Please DO NOT send copies to conform or stamped, self-addressed envelopes. All orders will be e-filed and e-served upon everyone in the e-Portal.
• Please DO NOT send ANY form of payment to the Judges office – ALL payments should be submitted to the Clerk of Courts directly.
• Please DO contact the Clerk of Courts, Probate Division, for Certified Copies of your order AFTER you have received service of same.
• NOTES (RE: Certified Copies):
• Certified copies should NOT be prepaid when filing your case.
• The Clerk’s office has 3 business days to accept the e-filing of an order, from the Judge’s office.
• Certified copies of the order can be purchased, in person, 3 business days AFTER you receive your e-serviced Order from the Judge’s office, by a party to the case.
• You may also mail the Clerk’s Office your request for certified copies AFTER you receive your e-serviced Order from the Judge’s office.
• If requesting certified copies by mail, please include the appropriate fees and a self-addressed stamped envelope(s). Please contact the Clerk’s office for further information.

While we understand certain emergencies, frequent inquiries for status updates on proposed orders or to see if the USPS has delivered your mail are not necessary and can cause additional time burdens.  IF you have followed all of the instructions above, we should be able to process your order in a timely fashion. Should we need any additional information, we will reach out to your office.

***Probate procedures can be found on the circuit website in the Lake County Probate Division page. By scrolling to the bottom of the page, you will find the Lake County Administrative Orders regarding probate proceedings, the procedures for all probate cases in Lake County, the required checklists, and some helpful forms.***

SCHEDULING A HEARING

Hearing availability may be obtained by calling or emailing the Judge’s office.  Dates are provided on a first come, first serve basis. Your hearing time will be secured once a phone call or email is received to confirm a specific date and time.

Any non-evidentiary hearings of thirty (30) minutes or less may be held via Zoom Video Conference.  All evidentiary hearings require in person court appearance, as this Court does not accept remote evidence.  All hearings in excess of thirty (30) minutes require in person court appearance.

When inquiring as to available hearing time, please have the case number, case style, type of motion to be scheduled, the date the motion was filed, the amount of hearing time requested, and names of all counsel of record. The Motion must be filed prior to obtaining hearing time.

Once hearing time is coordinated with all counsel, CALL or EMAIL the Judge’s office to confirm the date prior to preparing your Notice of Hearing, to assure that time is still available, as hearing dates are first come first serve. We do not hold a hearing date/time.

It is not necessary for you to send a courtesy copy of the Notice of Hearing to this office. The electronic filing of the Notice is sufficient.

The Court requires that all hearings be coordinated. If you are unable to coordinate a hearing, please call our office; do not “piggy-back” or “cross notice” a hearing without coordinating with the judge’s office.

Cross-notice of a hearing without the Court’s approval is not permitted. Before requesting the setting of an additional motion(s) at a previously scheduled hearing, the attorneys must contact our office so the Court can determine if sufficient time is available to have the additional motion(s) heard. Your motion will not be heard if the hearing is not coordinated through the judge’s office.

PROCEDURES FOR CANCELLING HEARINGS/TRIALS

In addition to filing your notice of cancellation, immediately notify the judge’s office by telephone and/or email when a hearing is to be cancelled. If a case has settled and should be removed from the trial docket, please contact the Court to indicate the same. Only the party that scheduled the hearing, or the Court, has the authority to cancel the hearing.

NOTICES FOR TRIAL

Notices for Trial must include an estimate of trial time needed. Once a Notice for Trial is filed with the Clerk, a copy should be emailed to the Judicial Assistant, sturner@circuit5.org. Dates for a Case Management Conference hearing will be provided to you.  Please bring your calendars to the Case Management Conference.   At the Case Management Conference, your case will be set for trial, and discovery deadlines will be established.  You will also receive the date of the Pretrial Conference hearing. All trial counsel, along with the parties, are required to attend the Pretrial Conference in person.

PROCEDURES FOR DISCOVERY MOTIONS

Florida Rules of Civil Procedure 1.280 – 1.390 are the rules governing discovery. Prior to filing a motion regarding a discovery dispute, the court expects the attorneys to attempt to resolve the issue(s) without the court’s intervention.

PROCEDURES FOR EMERGENCY FILINGS

Emergency motions must be filed with the clerk, and copies emailed to sturner@circuit5.org, along with any related supporting documents, and cover letter.  YOU MUST ALSO CALL the Judge’s office to inform them of the emergency motion after submission via email, as the email is not constantly monitored.

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

PROCEDURES FOR EVIDENCE

Judge Welke does not accept remote evidence. All evidentiary hearings require an in-person court appearance.  Attorneys and parties should exchange exhibits at least two (2) days in advance of the scheduled hearing.

Hearing notebooks that do not contain evidence (ie. case law) should be submitted in hard copy at least five (5) days prior to the hearing.