Judge Derek A. Lewis

Please note that the Marathon Division hears Criminal, Civil, Small Claims, Municipal and Traffic Matters and each is specifically addressed below. 

Sections A-K apply to all cases:

 

---

Table of Contents

Section A – COMMUNICATIONS WITH THE JUDICIAL OFFICE
Section B – SCHEDULING PROCEDURES
Section C – REMOTE APPEARANCE
Section D – SUBMISSION OF ORDERS AND JUDGMENTS
Section E – COURTESY COPIES OF CASE LAW AND OTHER DOCUMENTS
Section F – EMERGENCY AND OTHER URGENT MATTERS
Section G – EXHIBITS FOR EVIDENTIARY PROCEEDINGS
Section H – PRETRIAL PROCEDURES AND CONFERENCES
Section I – SETTING CASE FOR TRIAL
Section J – FORMS
Section K – OTHER DIVISION PROCEDURES
Section L – SMALL CLAIMS
Section M – COUNTY CIVIL
Section N – CRIMINAL: MISDEMEANOR AND FELONY
Section O – TRAFFIC COURT
Section P – USE OF ARTIFICIAL INTELLIGENCE

 

A.    COMMUNICATIONS WITH THE JUDICIAL OFFICE

• Method of Communication:
  • The Code of Judicial Conduct forbids judges from permitting or considering ex parte communications outside the presence of the parties on matters concerning pending or impending judicial proceedings. See Fla. Code Jud. Conduct, Canon 3.

*ALL COMMUNICATIONS TO THE COURT SHALL BE COPIED TO ALL COUNSEL/ PARTIES OF RECORD*

• • The judicial assistant is not authorized to provide legal advice. Accordingly, do not contact the Court expecting to speak to the judge about any case. You may, however, contact the judicial assistant concerning purely procedural or scheduling matters. If you are an unrepresented criminal defendant, any communication with the Court must be in writing with a copy furnished to the State Attorney. (Contact information for the State Attorney’s Office is 530 Whitehead Street, Suite 301, Key West, Florida 33040 or filings@keyssao.org.) If you want the Court to take any action in your case, you must file the appropriate motion with the clerk and follow the procedure set forth below to have the motion heard.
  • All communications to the judicial office must be submitted by e-mail to Kim.Kiraly@keyscourts.net, the dedicated division e-mail account. The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 24 CC 001234 AM – Doe v. Doe – 15 Minute Hearing Requested on Defendant’s Motion in Limine).
  • All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 603 any time there is a change in the e- mail account registered for electronic service.
  • Any e-mail sent to or from the judicial office may be a public record subject to disclosure.

B.    SCHEDULING PROCEDURES

• Scheduling Hearings:
  • Persons who want the Court to take any action on their case must first file the appropriate motion with the Clerk of Courts. (Contact information for the Clerk of Court is 500 Whitehead Street, Key West, Florida 33040 or https://monroe-clerk.com.)
  • Hearings must be requested by e-mail: Kim.Kiraly@keyscourts.net.
  • The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 24 CC 001234 AM – Doe v. Doe – 15 Minute Hearing Requested on Defendant’s Motion in Limine).
    • The hearing request (and notice of hearing) must include:
      1. Date, location and time being requested for the hearing;
      2. Case number;
      3. Style of the case;
      4. Names of the attorneys (or self represented litigants when applicable);
      5. Title of the motion(s) to be heard and the date the motion was filed;A
      6. mount of time requested for the hearing;
      7. Date and manner of the required meet and confer.

• • Parties must coordinate hearing dates amongst themselves. If a party cannot obtain dates from opposing parties or self-represented litigants, they may unilaterally schedule a hearing with the Judicial Assistant, provided they made three (3) attempts to secure dates, one of which included a phone call.

• Notice of Hearing:
  • A notice of hearing must be filed and served immediately after reserving hearing time.
  • A notice of hearing involving any remote appearance must list the judge’s zoom
  • All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.
• Submission Deadlines:
  • The court must receive all materials for the hearing no later than Five (5) business days before the hearing.
• Continuance Procedure:
  • Motions for continuance are disfavored and will be granted only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence is not grounds for granting a continuance. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 545(e).
  • Motions for trial continuance must be submitted at least five (5) days days prior to the scheduled court date for which the continuance is sought and shall be set on the Court’s docket prior the calendar call.
  • Motions for continuance must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready, including, but not limited to, confirming the specific date any required participants are available; and (4) the proposed date by which the case will be ready to proceed and whether that date is agreed by all parties.
• Cancelling Hearings:
  • You must cancel hearings by notifying the judicial assistant immediately. You must also immediately file and serve a “Notice of Cancellation” on opposing counsel and any self-represented

C.    REMOTE APPEARANCE

• Remote Appearance Procedure:
  • The court generally maintains a hybrid virtual courtroom, allowing parties to appear either in person or remotely, as provided by Florida Rule of General Practice and Judicial Administration 2.530, subject to the specific divisional instructions below.
  • Unless otherwise instructed, parties wishing to appear remotely via zoom must file a “Motion for Remote Appearance” for each hearing and receive an Order granting the same. A sample Motion is attached below.
• Platform Used:
  • The court uses zoom for remote appearances.
• Platform Meeting ID#:
  • 213 925 7689
• Requirements:
  • Requests for remote appearance must be submitted five (5) days prior to the hearing.
  • Any person appearing remotely must join 15 minutes prior to the scheduled hearing.
  • Any person appearing remotely must be in a private location that is quiet and free from distractions. Under no circumstances will a participant be permitted to appear remotely from a moving vehicle.
  • Any person appearing remotely must dress and behave professionally in the same manner as if physically present in the courtroom.
  • Any person appearing remotely must enable the person’s camera when joining the proceeding and keep the camera turned on until instructed otherwise by the court.
  • Any person appearing remotely must mute the person’s microphone when joining the proceeding and keep the microphone turned off until instructed otherwise by the court.
  • Any person appearing remotely must have their full written name appear on zoom. “iPhone”, “iPad” or no name will cause a party to be removed from the zoom proceeding.
  • If a witness appears remotely, the party calling the witness must ensure the witness has a functioning camera and microphone and has tested the internet connection before the The oath will be administered in accordance with Florida Rule of General Practice and Judicial Administration 2.530.

 D.    SUBMISSION OF ORDERS AND JUDGMENTS

• Format:
  • All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented
  • All proposed orders must be accompanied by a cover letter either
    1. certifying that all parties agree to the order OR
    2. containing a statement identifying any disagreement of the parties as to the proposed order.

• Submission Method:
  • All proposed orders must be submitted to the court by the proposed order portion of the Florida Courts E-Filing See below link for more information:

https://keyscourts.net/important-court-notices/

• Deadline for Submissions:
  • Proposed orders must be submitted no later than two (2) days after any hearing unless otherwise instructed.

E.    COURTESY COPIES OF CASE LAW AND OTHER DOCUMENTS

• When Required:
  • Courtesy copies of Case Law and Exhibits for Trial and Evidentiary Hearings the party wishes the court to consider must be submitted to the court for any hearing or trial.
  • Courtesy copies must be submitted in PDF/a.
• Submission Method:
  • Courtesy copies must be submitted to the Court by e-mail to the Clerk of Court or to the Judicial Assistant.
• Deadline for Submissions:
  • Courtesy copies must be submitted to the court no later than Five (5) days before any hearing or trial.

F.    EMERGENCY AND OTHER URGENT MATTERS

• Requirements:
  • If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed:
    1. the issues to be resolved,
    2. reasons why an emergency hearing is necessary, and
    3. the amount of time needed for each party’s presentation.

• Scheduling:
  • If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

G.    EXHIBITS FOR EVIDENTIARY PROCEEDINGS

• Submission Method:
  • Unless otherwise instructed, Copies of exhibits and exhibit lists shall be forwarded to the Judicial Assistant via e-mail at least five (5) business days prior to the scheduled hearing. Please note, the Clerk of Court requires hard copies of exhibits, marked with letters for identification, which shall be submitted at least five(5) days prior to the scheduled hearings. Numbered exhibits will not be accepted. Numbered exhibits will ONLY be accepted if they are stipulated to.
• Format:
  • Exhibits must be labeled in the following format: https://monroe-clerk.com/miscellaneous-forms.
  • All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial.

H.    PRETRIAL PROCEDURES AND CONFERENCES

• Case Management Conference (CMC)
  • Any party may request a CMC when a case requires.
  • The court strongly encourages the early use of CMCs in more complex cases, multiple-party litigation, or any case that might benefit from court intervention.
  • Unless excused by the court in advance, all CMCs are mandatory for attorneys and self-represented Parties represented by counsel are not required to appear at a CMC, unless instructed by the Court.

I.    SETTING CASE FOR TRIAL

• Procedure:
  • Unless a trial order has been filed already, please file a notice for trial to set the case for trial and contact the Judicial Assistant for trial dates.

J.    FORMS

• Access:
  • Most standard Court forms are found at the Clerk of Court’s website (https://monroe-clerk.com/forms).
  • Division specific forms are available on this page.

K.    OTHER DIVISION PROCEDURES

• ADA Accommodations:
  • Information on ADA accommodations can be found on the circuit’s website at the following link: https://keyscourts.net/americans-with-disabilities-act
• Interpreter Requests:
  • Small Claims, Civil and Traffic litigants are responsible for providing their own interpreters.
  • Information on interpreters’ services can be found on the circuit’s website at the following link: https://keyscourts.net/programs-services/court-operations/court-interpreting-services/
• Dismissal of Action:
  • Cases that have been settled that are scheduled for a hearing and/or trial, must file a Notice of Settlement with the Clerk of Court and email a copy to the Judicial Assistant. A Notice of Settlement does not automatically cancel hearings previously scheduled, nor does it close the case. A Notice of Voluntary Dismissal or a Stipulated Order to Dismiss shall be filed within 15 days of the Notice of Settlement, or this case may be set for a status hearing.
• Attorney Withdrawals:
  • Attorneys who seek to withdraw from representation of a party, must submit an appropriate motion and use the “Form” order attached to this page.

L.    SMALL CLAIMS

• What is a Small Claims Case?
  • A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $8,000.00 or less, excluding costs, interest and attorney fees.
• What to Expect:
  • If you file a Small Claims action it will be set for a Pre-Trial Conference/Mediation (Clerk sets the date and time on the Summons). Assuming service of process is timely perfected, parties will conduct a Virtual Pre-Trial Conference with the Court. The link for the hearing will appear on the notice.
  • Parties are encouraged to resolve cases prior to the pre-trial date but must appear at the Pre-Trial Conference to meet with the Court to ensure any agreement has been approved by the Court. Attorneys can appear at Mediation without their client in a Small Claims action if they have full settlement authority. A Pre-Trial Conference may only be continued by Court Order.
  • If a party fails to appear at Pre-Trial Conference/Mediation, the opposing side can request a Clerk’s Default or Court Dismissal of Action. Attorneys wanting a Clerk’s Default must submit the Order to the Clerk’s office. The Clerk of the Court will not provide a Default Order to an attorney. If a Clerk’s Default is entered, Plaintiff and/or Plaintiff’s Attorney must submit a Default Final Judgment packet to the Judge, via the Clerk, with a courtesy copy E-mailed to the Court in Word Format to Kim.Kiraly@keyscourts.net.
• Helpful Links:
  • https://www.monroe-clerk.com/faq/small-claims-faqs
  • https://www.monroe-clerk.com/small-claims-forms

M.    COUNTY CIVIL

• What is a County Civil Case?
  • County Civil includes Evictions, Evictions and Back Rent, Auto Negligence, Bad check, Breach of Contract, Monies due on account, Damages, etc. for all Civil matters more than $8,000 and Less than $50,000.
• What to Expect:
  • All County Civil actions will be strictly governed by the Case Management/Scheduling Order which will be filed in every case.
  • Parties may be set for a Case Management Conference (CMC) at any time and must be prepared to discuss all outstanding matter/motions, have said matters/motions ruled upon, and have their calendars available.
• Meet and Confer Requirements:
  • Attorneys and self-represented parties are expected to read and comply with all applicable rules and procedures. Florida Rule of Civil Procedure. 1.202 requires a “Meet and Confer” on all non-dispositive motions PRIOR to the motion being filed. A Certificate of Conferral is to be attached to the motion. (an example is available on this page). At least one of the attempts to confer, MUST be made by telephone call.
• Helpful Links:
  • https://monroe-clerk.com/faq/county-civil-faqs
  • https://monroe-clerk.com/faq/landlord-tenant-actions-faqs
  • https://www-media.floridabar.org/uploads/2025/07/Civil-Procedure-Rules-06-19-25.pdf

N.    CRIMINAL: MISDEMEANOR AND FELONY

• What to Expect:
  • Counsel and unrepresented litigants are expected to familiarize themselves with the procedures set forth above and all Standing Orders.
  • ALL motions must be made in writing and signed by the Party/Attorney making the motion. See FRCP 3.190(a).
  • “Waivers of Appearance” must be filed for each applicable hearing.
  • Pleas in Absentia will not be allowed in Felony cases.
  • Parties set for a “Trial Call” must be prepared to resolve any outstanding matters/motions and provide jury instructions for judicial review.
• Helpful Links:
  • https://monroe-clerk.com/faq/county-criminal-faqs
  • https://monroe-clerk.com/faq/county-criminal-faqs

O.    TRAFFIC COURT

• Helpful Links:
  • https://monroe-clerk.com/faq/traffic-faqs

P.    USE OF ARTIFICIAL INTELLIGENCE

Any attorney or pro se litigant submitting any filing that uses “AI” must include a certification that they have personally reviewed and verified the content’s accuracy, specifically regarding factual statements, legal arguments, and case citations. All filings or submissions containing AI-generated content must disclose the use of AI on the face of the document, pleading, and/or filing and shall have confirm the accuracy and reliability of the work by including the following;

“The undersigned hereby certifies that generative artificial intelligence was used to prepare this [TITLE OF DOCUMENT BEING FILED]. The undersigned has independently verified the accuracy of every citation to the law and/or the record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts, and legal analysis.”

The failure to include the required disclosure/certification and/or the submission of false or misleading AI-generated content will be grounds for sanctions, as permitted by law. Sanctions may include: contempt; striking of pleadings or dismissal of actions; fines and/or the imposition of attorney’s fees; and referral to The Florida Bar for disciplinary proceedings.