Chief Judge Crawford has authorized the cancellation of all court proceedings in Seminole and Brevard Counties effective Noon, Tuesday, October 8, 2024, through Thursday, October 10, 2024.
A decision will be made Thursday regarding Friday proceedings.Stay informed by following us on Facebook or X (Twitter). You may also call (321) 637-5700 in Brevard or (407) 665-4945 in Seminole.

Eighteenth Judicial Circuit Courts
Serving the Citizens of Brevard and Seminole Counties

BREVARD COUNTY JUDGE
The Honorable David E. Silverman

SCHEDULING GUIDELINES & PROCEDURES

Division: 4 - Civil
Judicial AssistantAlexis Leclerc
Office: (321) 617-7284 | Email
Located at the Moore Justice Center Viera, Brevard

INSTRUCTIONS AND MORE

Judge Silverman's Policies and Procedures (See Below)

The Eighteenth Judicial Circuit provides procedural instructions for attorneys along with policies that may differ within the guidelines of the law between judges and county or circuit court.

Attorneys in both Brevard and Seminole have the resources offering many new facets of modern technology including but not limited to online scheduling, instructions, provider listings, policies and procedures and much more.

There are courtroom rules and policies governing all divisions of the Eighteenth Judicial Circuit Court. All parties are expected to follow these rules.

Judge Silverman’s Policies and Procedures

Judge Silverman’s – Division 4 – Policies and Procedures

INSTRUCTIONS FOR APPEARANCE BY VIDEO CONFERENCE

Judge Silverman's Instructions for Appearance by Video Conference

In accordance with applicable instructions from the Governor of the State of Florida, the Florida Supreme Court and the Chief Judge of the Eighteenth Judicial Circuit appearance by video conference may be made by complying with the following:

Contact the Court’s Judicial Assistant, Alexis Leclerc, by email at Alexis.Leclerc@flcourts18.org, at least two working days before the hearing to:

  • Confirm having arranged to participate in the video conference.
  • Furnish the Judicial Assistant with scanned copies of any documents to be used or introduced into evidence at the hearing; and,
  • Provide the Judicial Assistant with an email address for yourself and any person you intend to call as a witness at the hearing.

Prior to the hearing be sure you have:

  • Access to a computer, tablet, or phone, that has a microphone and camera;
  • Internet access during the entire hearing;
  • Your driver’s license or other government-issued ID.

Judge Silverman’s Virtual Courtroom can be accessed the following ways:

  • https://fl18.org/judgesilvermanvc
  • From the calendar, the Microsoft Teams© meeting info can be found on any event titled ‘Judge Silverman VC’. Please click on “Click here to join the meeting” and
    follow the instructions to open the Microsoft Teams© app and click on “Join as guest
  • Enter the following into Microsoft Teams© – Meeting ID: 222 747 638 657; Passcode: 48eFuv

Once the hearing starts:

  • Make sure that you have your microphone and camera turned on;
  • Remember, the Rules of Evidence apply.

For a witness to testify, the witness must have:

  • Access to a video conference-ready, computer, tablet, or phone;
  • An email address; and,
  • A valid government-issued ID.

If the videoconference connection is interrupted, please stand by, and follow instructions to reestablish the connection.

COUNTY JUDGE DAVID E. SILVERMAN'S

SCHEDULING GUIDELINES

APPEARANCE PROCEDURE

Counsel and parties appearing in person should comply with any applicable public health requirements and any operative Administrative Order promulgated by the Florida Supreme Court or the Eighteenth Judicial Circuit. 


Counsel may appear before Judge David E. Silverman by videoconference, as indicated herein. Pro se litigants may appear by videoconference upon receiving prior approval by email from the Judicial Assistant, Alexis Leclerc, whose email address is Alexis.Leclerc@flcourts18.org. Please view the Instructions for Appearance by Video Conference.


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.

SCHEDULING GUIDELINES

Counsel or any pro se litigant may request that a Criminal, County Civil, Probate or 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 (except in extraordinary circumstances), and read the following guidelines for scheduling hearings. 


Counsel should confer as to an available hearing date with the opposing party (including Pro Se litigants), in accordance with Section B.2. of 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 whenever an email address is available. The Court is only willing to set a hearing unilaterally so long as diligent efforts have been made to confer with the opposing party.

 

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.


Parties are permitted to appear by videoconference in civil proceedings and the following information should be included on all Notices of Hearing to allow for such appearance: Judge Silverman’s Virtual Courtroom can be accessed at:
https://fl18.org/judgesilvermanvc
Microsoft Teams Meeting ID: 222 747 638 657
Passcode: 48eFuv
or call in (audio only) +1 (386) 310-1754 Conference ID: 424 841 303#

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. 

COUNTY CIVIL

Counsel may appear by videoconference for County Civil proceedings provided they comply with the Instructions for Appearance by Videoconference and file a Notice of Telephone or Videoconference Appearance and email a copy to the Judicial Assistant prior to the hearing. The entry of an order for videoconference appearance is not required for County Civil proceedings, however, counsel may submit an Order for Telephone or Video Conference Appearance via the Florida Courts E-Filing Portal. 

SMALL CLAIMS

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.

MEDIATION

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. Inquiries regarding the Mediation Program may be directed to BrevardCourtsMediation@flcourts18.org


Mediation Instructions

  1. The mediation shall be conducted by a Mediator assigned by the Brevard Mediation Program (hereafter the “Program”).
  2. With in 10 days from the date of the Order counsel for both parties shall contact the Mediation Program to schedule the telephonic mediation. The Mediation Program can be reached by telephone at (321) 635-5065, and by email at brevardcourtsmediation@flcourts18.org.
  3. The mediation shall be conducted in person during Small Claims Pre-trial Conference based upon the availability of mediators, or by telephone as directed by the Mediation office.
  4. Corporate representatives attending the mediation shall be persons having knowledge of the case.
  5. All attorneys and corporate representatives attending the mediation shall ascertain the extent of their authority to settle prior to the mediation.
  6. The parties shall equally divide and pay the mediation fee as directed by the Program prior to the mediation.
  7. The parties and their counsel, if any, shall participate in the mediation fully and in good faith.
  8. If the case is settled prior to mediation, the parties shall promptly notify the Program and cancel the mediation.
  9. If the case is settled at mediation, the Brevard County Mediation office will file the settlement documentation after mediation has concluded.

PROBATE HEARINGS

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. A party or counsel requesting to appear by video conference should complete and submit a notice of video conference appearance providing the information or in the Notice of Telephone or Videoconference Appearance


Additional information may be found on the Probate and Guardianship page of the Clerk of Court’s website.

POLICES AND PROCEDURES

The Eighteenth Judicial Circuit provides procedural instructions for attorneys along with policies that may differ within the guidelines of the law between judges and county or circuit court.


Attorneys in both Brevard and Seminole have the resources offering many new facets of modern technology including but not limited to online scheduling, instructions, provider listings, policies and procedures and much more.


There are courtroom rules and policies governing all divisions of the Eighteenth Judicial Circuit Court. All parties are expected to follow these rules.


Judge Silverman’s – Division 4 – Policies and Procedures

REQUESTS FOR RECORDINGS

Most proceedings held before Judge Silverman are recorded by an audiovisual recording system using a digital camera with wide-angle lens designed to view both the podium and the witness stand. Sound is recorded through microphones in the courtroom that pick up the speaker’s voice and filter out other noise. The location of the speaker is identified on the screen.


The hearings are recorded onto files that may be played on a Windows Media Player© or another media device capable of playing the file. You may click on the hyperlink in this paragraph to determine whether your computer has the capacity to play court recordings.


This system has made court proceedings more available to the public. If you desire to obtain the recording of a recorded hearing you may request a copy of this system, either by CD or a typed transcript, by contacting the Digital Court Recording. Your request should include the following:


  1. your name;
  2. name of your client;
  3. the case number;
  4. your telephone number;
  5. your email address;
  6. the hearing date;
  7. the judge;
  8. the courtroom;
  9. the type of hearing

If you are not a party to the case, the requested recording will be reviewed for privileged communications.


Please note, pursuant to the law of the State of Florida a written transcript must be provided to the Court for all exceptions/objections to hearings by a General Magistrate. See Florida Family Law Rules of Procedure Form 12.920(a) for more information.


Normal turnaround time is 10 to 14 business days after payment is received, however if a recording of a jury trial is being requested, it can take up to 30 days to fill the order.


The cost for a digital download (audio/video recording) is $25.00 per recording per day, plus redaction fee if applicable.  For example, if you require a recording for three different days that your case was heard, then your cost will be $75.00.


DVD: The cost of a DVD along with your digital download is $25.00 for both.  If you want the DVD only, the cost is $25.00.  The cost for additional DVD copies is $5.00 each.


Written Transcripts: Upon receipt of the completed transcript request form, a transcriptionist will contact you with the estimate for the transcript and make financial arrangements with you.


PLEASE NOTE: Written transcript requests will not be processed until quote is agreed to, and payment arrangements have been made.


Digital Court Reporters
Moore Justice Center, 1st Floor
2825 Judge Fran Jamieson Way
Viera, FL 32940

 

viera_2
Moore Justice Center
Judge Silverman Holds Court at the Moore Justice Center in
Brevard County

2825 Judge Fran Jamieson Way
Viera, FL 32940-8006
(321) 617-7284

Florida Courts Help available at the touch of a screen:

For constituents, customers, or callers seeking help with family law cases – divorce, adoption, name change, custody, order of protection, and much more – there is now a one-stop source for lots of information aimed at self-represented people. Florida Courts Help is available at app stores as well as online at help.flcourts.gov.

View Case Management Administrative Orders, video tutorial on how to properly complete and submit Case Management Plan/Orders, and more. Please ensure you are utilizing the most recent Case Management Plan and Case Management Order. Click here to view Civil Case Management Orders & Forms (Updated on 4/16/2024)
Case Management Plan/Orders