Bail Motions Need Evidence — Unsworn Statements Don't Count — Division CR-H
Summary
Division CR-H (Judge Branham per roster) treats pretrial detention as strictly evidentiary, citing authority in the procedures themselves: unsworn statements of counsel are not evidence (Moeller), detention motions need sworn support, bail motions must track § 903.046/Rule 3.131 factors, and renewed motions must show changed circumstances (Magbanua).
Applies to
Florida > Fourth Judicial Circuit > Duval County > Felony Division CR-H (Judge Jeb Branham)
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"Pretrial detention is an evidentiary matter... Unsworn statements of counsel, whether made in writing in court filings or orally in court are not evidence." / "Motions to impose pretrial detention by revoking bail must have some evidentiary support" / "Renewed or subsequent bail motions should state the changes in circumstances"
- Source health
- Healthy · checked July 7, 2026
- Effective date
- —
- Last verified
- July 5, 2026Live fetch + sha256 of official PDF — 2026-07-05
Reviewer note: Attribution: PDF issued per RJA 2.215(f) for Division CR-H (no judge in text); official jud4.org roster fetched 2026-07-05 lists CR-H: Jeb Branham. Two-source chain documented. 30-day recheck scheduled.
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