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Serving Flagler, Putnam, St. Johns, and Volusia Counties

G-2022-003-SC

THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS, AND VOLUSIA COUNTIES

Re: CASE TRANSFERS

Ref: G-2022-003-SC

        WHEREAS, it has been made known to the undersigned that the prompt and efficient administration of justice requires the issuance of an Administrative Order governing case transfers;

NOW THEREFORE, I, JAMES R. CLAYTON, Chief Judge of the Seventh Judicial Circuit, hereby order the establishment of the following policy regarding case transfers:

  1. The Clerks of Court in the counties of the Seventh Judicial Circuit shall assign cases involving the same defendant or co-defendants in criminal and juvenile delinquency matters (excluding indictments) to the same judge/division.

 

  1. In the event cases are assigned to judges/divisions contrary to paragraph#1, the judge with the most recently filed case shall consult with the judge to whom the case with the earlier filing date was assigned and may, with the consent of the other judge, issue an order transferring his/her case to the judge with the earlier filed case.

 

  1. Due to an overriding concern for balancing the assignment of cases in which an indictment has been filed, such cases are assigned equally to those judges/division handling felony matters. In the event a non-indictment case and an indictment case involving the same defendant are assigned to different judges/divisions, the judge to whom the non-indictment case was assigned shall consult with the judge to whom the indictment case was assigned, and may, with the consent of the other judge, issue an order transferring his/her case to the judge with the indictment case, regardless of the filing dates.

 

  1. In cases involving Civil, Probate, Family, or other non-criminal, non-juvenile matters, if a judge to whom a case is assigned is aware of the existence of a companion case involving the same parties which has been assigned to another judge/division and he/she or the parties would like to have all such cases assigned to the same judge, said judge shall consult with the other judge and may, with the consent of the other judge, issue an order transferring his/her case to the judge with the earlier filed case.

 

  1. Any case filed and assigned to a division and thereafter dismissed and refiled, shall be assigned to the division to which it was originally assigned unless that judge/division is no longer hearing such cases. In the event a refiled case is assigned to a judge/division contrary to the provisions of this paragraph, the newly assigned judge may issue an order transferring the case to the originally assigned judge/division.

 

  1. In cases involving Civil matters, if the assigned judge determines that the court in which the action is filed lacks jurisdiction, the assigned judge shall issue an order transferring the action to the court (county or circuit) having jurisdiction. The Clerk shall then make a division assignment of such action in the same manner as a newly filed action.

 

  1. In cases where the assigned judge determines that the venue is improper, the assigned judge may issue an order transferring the action to the appropriate court. The Clerk of Court to which venue was transferred shall then make a division assignment of such action in the same manner as a newly filed action.

 

  1. All transfers and reassignments of actions not specifically described above in this order, including the reassignment of cases in which the assigned judge has issued an order of recusal or disqualification, shall require the issuance of a reassignment or transfer order by the Chief Judge and/or the appropriate County Administrative Judge.

TO BE RECORDED in Flagler, Putnam, Sr. Johns, and Volusia Counties.

        DONE AND ORDERED in DeLand, Volusia County, Florida this 27th day of September 2022.

/s/ James R. Clayton
JAMES R. CLAYTON
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties