Judge Christopher Benjamin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Exhibits, Legal Authority
- 1 copy • Seven Business Days Before Special Set Hearing
Notice Of Settlement, Order Of Dismissal
- 1 copy • No Later Than 3pm The Friday Prior To Calendar Call
Voluntary Dismissal, Order Of Dismissal
- 1 copy • Upon Filing
Adjournments
- Continuances must be requested by motion, and notices of unavailability or vacation are not permitted; attorneys planning vacation must retain coverage counsel or move for a continuance.
- Motions for extension of time must comply with Fla. R. Civ. P. 1.090(b) or they will be denied even if agreed.
- To cancel a special set hearing less than 7 days out, one of the listed documents (agreed order, dismissal order, or settlement/stipulation notice) must be e-filed with a copy forwarded to chambers.
Request must include
- Only the scheduling party may cancel a motion calendar hearing, by e-filing a notice of cancellation and cancelling on CourtMAP at least 5 days before the hearing.
- Special set hearings may not be canceled without leave of court unless fully resolved or settled, and a notice of cancellation must be filed 7 days before the hearing.
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
Proposed orders must be written in paragraphs without numbering, bullets, ALL CAPS, bolding, or underlining and must be reviewed for proper formatting, margins, font size, and alignment or they will be rejected.
Proposed orders must be written in paragraphs without numbering or lettering [orders are not pleadings], no bulleting, no ALL CAPS, no Bolding and no Underlining. Please review the order formatting before submitting [use the review button - check for margin errors, proper font sizing and alignment]. Failure to properly format orders will result in rejection.
Orders must be written in paragraphs and not numbered like pleadings, and must be reviewed for correct formatting or they will be rejected.
***Orders must be written in paragraphs and not numbered like pleadings. Please review your proposed order by using the review button and make sure that the formatting is correct (improperly formatted orders will be rejected).
Document Filing Requirements18 rules
The movant must e-file the notice of hearing (it is not automatically generated) and indicate who the hearing was coordinated with and the date the motion was e-filed.
*The movant MUST e-file the notice of hearing. Please indicate the name of the person the hearing was coordinated with and the date motion was e-filed. IMPORTANT: Although the movant and the other parties listed on the service list will receive an email indicating that a hearing has been set, a notice of hearing will NOT be automatically generated. The Setting Party must file their Notice of Hearing.
Document Type
Notice Of Hearing
For special set hearings, the movant must e-file the notice of hearing once approved by the Court, indicating who the hearing was coordinated with and the date the motion was e-filed.
*The movant MUST e-file the notice of hearing (once approval by the COURT). Please indicate the name of the person the hearing was coordinated with and the date motion was e-filed.
Document Type
Notice Of Hearing
Orders on summary judgment must include findings of undisputed fact, a statement of the law entitling the movant to judgment, analysis of law and facts, and a conclusion.
***Order on Summary Judgment must provide the findings of fact regarding those facts that are undisputed, statement of the law upon which the movant is entitled judgment, analysis of law and facts and the conclusion.
Document Type
Order On Summary Judgment
To cancel a hearing after settlement, an order of dismissal must be submitted via CourtMAP for court approval, and a copy of the dismissal must be emailed to chambers.
*IF CASE HAS SETTLED – you may also file a Notice of Settlement BUT in order to cancel the hearing an ORDER OF DISMISSAL (you may reserve on fees, etc…if needed) MUST BE SUBMITTED via CourtMap for Court approval. The hearing is not cancelled until it is approved by the Court. If the Parties have dismissed the Case or Matter please send an email to chambers with a copy of the Dismissal.
Document Type
Order Of Dismissal
When setting a hearing on CourtMAP, the setting party must attach supporting documents such as the filed motion.
You MUST attach your supporting documents (filed motion, etc.) when creating the event (setting the hearing) on CourtMap.
Document Type
Courtmap Hearing Event
Proposed orders must be accompanied by e-filed motions, affidavits, and exhibits submitted individually, or they will be rejected.
Proposed orders must be accompanied by e-filed motion, affidavits and exhibits [if applicable]. Supporting documents must be e-filed versions and submitted individually. Failure to submit appropriate supporting documents will result in rejection.
Document Type
Proposed Order
Proposed orders on motions for default final judgment will be rejected unless an order of default has been filed.
**Proposed orders on Motions for Default Final Judgment will be rejected if there has not been an order of default filed (the Court's memorandum of disposition is not an order!).
Document Type
Proposed Order On Motion For Default Final Judgment
Proposed orders must be submitted with e-filed supporting documents (motion, affidavits, exhibits) or they will be rejected.
Proposed orders must be submitted with e-flied supporting documents such as the e-filed motion, affidavits and exhibits (if applicable), failure to provide the appropriate supporting documents will result in rejection.
Document Type
Proposed Order
Motions accompanying an agreed order must include a certificate of conferral or proof of agreement from opposing counsel, or they will be rejected.
Motions accompanying an Agreed Order must contain a certificate of conferral stating there is an agreement or provide proof of agreement from opposing counsel [i.e., an email or letter]. Failure to provide conferral or proof of agreement will result in rejection. Unsuccessful conferral is not an agreement [set the matter for hearing].
Document Type
Motion Accompanying Agreed Order
Proposed orders on motions for default must include required e-filed affidavits and return of service, and motions for default judgment must be accompanied by a signed order of default.
Proposed orders on Motion for Default must be accompanied by required e-filed affidavits and e-filed return of service at the time of submission [submitted in accordance with pp#5]. Motion for Default Judgment must be accompanied by a signed order of default [The Court's memorandum of disposition is not an order].
Document Type
Proposed Order On Motion For Default
Proposed orders on continuing or final writs of garnishment must be accompanied by an e-filed notice to defendant under Fla. Stat. 77.041 and/or 77.055, or they will be rejected.
Proposed Orders on Writs of Garnishment [continuing or final] must be accompanied by an e-filed notice to defendant pursuant to FL. Statute 77.041 and/or 77.055. Failure to submit the appropriate supporting documents will result in rejection.
Document Type
Proposed Order On Writ Of Garnishment
Agreed orders must be accompanied by the e-filed motion containing a certificate of conferral or proof of agreement from the opposing party.
Agreed orders must be accompanied by a copy of the e-filed motion (motion must contain certificate of conferral stating that opposing party has agreed or movant must submit proof of agreement from opposing party).
Document Type
Agreed Order
Proposed orders on motions for continuing and final writs of garnishment must be accompanied by the e-filed notice to defendant.
**Proposed orders on Motions for continuing and final writ of garnishment must be accompanied by the e-filed copy of the notice to defendant.
Document Type
Proposed Order On Writ Of Garnishment
Proposed orders for default of stipulation/settlement must include a cover letter requesting judgment after default, an e-filed copy of the stipulation/settlement, and a proper non-payment affidavit.
***Proposed orders for default of stipulation/settlement should be accompanied by cover letter requesting judgment after default, e-filed copy of stipulation/settlement and proper non-payment affidavit.
Document Type
Proposed Order On Default Of Stipulation Settlement
Motions where there has been no response to a conferral attempt cannot be submitted as agreed orders; they must be set for hearing or submitted under the proposed orders tab.
Agreed order submissions are not for motions due to no response to conferral attempt - these motions must be set for hearing or submitted under the proposed orders tab.
Document Type
Agreed Order
Orders submitted after hearings must be accompanied by a cover letter summarizing the hearing results or a copy of the Court's Memorandum of Disposition.
Orders after hearings shall be accompanied by a cover letter summarizing the hearing results [or a copy of the Court's Memorandum of Disposition].
Document Type
Order
Attorneys filing notices in cases with pro se defendants must include language stating the pro se defendant must bring their own certified interpreter (not a family member or friend).
***For attorneys filing their own notices in cases where the Defendant is pro se, please be aware that the County Civil Division can no longer provide interpreters due to being classified as the lowest priority. Scheduling one through the court is exceedingly difficult. Therefore, kindly include in your notices that if a pro se defendant requires an interpreter, they must bring their own. The interpreter cannot be a family member or friend; it must be someone certified.
Document Type
Notice
If there has been no response to a motion for default judgment, parties may submit their Default Package through CourtMAP for the court to review.
Motion for Default Judgement: if there has been no response to the Motion for Default Judgement parties may submit their Default Package through Courtmaps for the Court to review.
Document Type
Default Package
Filing & Service rules
Electronic Filing Rules
Attorneys must use CourtMAP to submit motions, proposed orders, and agreed orders under the appropriate category, and improperly submitted proposed orders will be rejected.
1. Please utilize Court Map to submit your motion, proposed orders and agreed orders [use appropriate category - improperly submitted proposed orders will be rejected].
Page 1 | IF YOU ARE AN ATTORNEY
All agreed orders must be submitted via CourtMAP.
All agreed orders must be submitted via CourtMap.
Page 1 | Additional Instructions (Agreed Orders via CourtMap)
All proposed orders must be submitted via CourtMAP.
All proposed orders must be submitted via CourtMap.
Page 1 | Additional Instructions (Proposed Orders via CourtMap)
E-filing is only for filing documents with the Clerk's Office and does not reach the Judge's Motion Calendar; CourtMAP is the electronic channel for courtesy copies to chambers.
Please Remember E-Filing: E-filing is not the same as courtMAP. Matters that are only e-filed WILL NOT automatically upload to the Judge's Motion Calendar. E-filing is for documents to be filed with the Clerk's Office electronically. CourtMAP is used to submit courtesy copies to chambers electronically.
Page 1 | General (Header)
Emergency motions must be filed with the Clerk's Office.
Emergency Motions MUST BE filed with the Clerk's Office.
Page 1 | Additional Instructions (Emergency Motions)
E-filing alone does not set matters on the motion calendar; CourtMAP must be used to set hearings or submit orders for review and approval.
E-FILING: Matters that are only E-filed WILL NOT automatically be set on motion calendar. E-filing is for documents to be filed electronically with the Clerk's Office. CourtMap is used to set hearings or submit orders for review & approval.
Page 1 | Motion Calendar Information (E-FILING)
Filing Timing and Cure Windows
Orders must be submitted within 15 days after hearings.
Orders shall be submitted within fifteen (15) days after hearings.
Page 1 | IF YOU ARE AN ATTORNEY
All motions must be filed with the Clerk of Courts before a special set hearing can be requested.
All Motions MUST be filed with the Clerk of Courts prior to requesting a Special Set hearing.
Page 1 | Special Sets Information
Orders from motion calendar hearings must be submitted within 5 days, and untimely default orders result in dismissal without prejudice without notice or hearing.
ORDERS: Orders must be submitted within 5 days after the hearing; if it is an order of default and the order is not timely filed, then the matter will be dismissed without prejudice and without notice or hearing (the Court's memorandum of disposition is not an order!)
Page 1 | Motion Calendar Information (ORDERS)
Orders for default, default final judgment, and summary judgment must be submitted within 30 days after the hearing, and untimely orders may result in dismissal without prejudice.
Orders for default, default final judgment and summary judgment shall be submitted within thirty (30) days after the hearing. Untimely orders on defaults, default final judgments and summary judgments may result in dismissal without prejudice.
Page 1 | IF YOU ARE AN ATTORNEY
Service and Proof of Service Rules
Motion calendar hearings require notice at least 5 business days before the hearing.
Notice Before Hearing: 5 Business Days
Page 1 | Motion Calendar Information
Courtesy Copy Requirements
When dismissing a case, a party must forward an e-filed copy of the voluntary dismissal and/or signed order of dismissal to chambers.
IF YOUR ARE DISMISSING YOUR CASE PLEASE FORWARD AN E-FILED COPY OF THE VOLUNTARY DISMISSAL AND/OR SIGNED ORDER OF DISMISSAL TO CHAMBERS
Page 1 | General (Header)
Courtesy copies of the motion, all referenced exhibits, and relevant legal authority must be submitted through CourtMAP directly to chambers 7 business days before a special set hearing.
Please provide courtesy copies of the motion, all referenced exhibits, and any relevant legal authority seven (7) business days before the special set hearing through CourtMap. **Submissions needs to be delivered to the Chambers directly.
Page 1 | Special Sets Information
If a case has settled or been dismissed, an e-filed copy of the notice/order must be sent to chambers by 3PM the Friday before calendar call, or the parties must appear in person.
If parties have settled or dismissed the case, please provide an e-filed copy of the Notice /Order to Chambers no later than 3PM the Friday prior to the Calendar Call Hearing. IF NOT RECEIVED BY 3PM FRIDAY, PARTIES WILL BE REQUIRED TO APPEAR IN-PERSON AT CAL
Page 1 | IF YOU ARE AN ATTORNEY
Filing Bundling Requirements
Supporting documents accompanying proposed orders must be e-filed versions submitted individually (not bundled together).
Supporting documents must be e-filed versions and submitted individually.
Page 1 | IF YOU ARE AN ATTORNEY
Pre-Motion Conference Requirements
The moving party must review CourtMAP availability and coordinate the hearing date and time with the opposing party before setting a motion calendar hearing.
Review the Motion Calendar Availability found on the CourtMap System. The moving party MUST coordinate date & time with opposing party.
Page 1 | SETTING A HEARING
Parties must confer with opposing counsel or the self-represented litigant to coordinate a special set hearing date before scheduling via CourtMAP.
To coordinate a hearing, PLEASE confer with opposing counsel or self represented litigant, once a date has been coordinated, please schedule via CourtMAP.
Page 1 | Special Sets Information
Upon unsuccessful conferral, movants may unilaterally set motions with at least 30 days' notice; opposed matters are set for hearing and agreed matters are submitted under the agreed order tab.
Unsuccessful Conferral: Upon unsuccessful conferral, movant may unilaterally set motions with at least thirty (30) day notice. A matter is either opposed or agreed - opposed matters are set for hearing [except for the usual exceptions] and agreed matters are submitted under agreed order tab (and pursuant to the policies and procedures contained herein).
Page 1 | IF YOU ARE AN ATTORNEY
Upon unsuccessful conferral, a movant may unilaterally set a motion with at least 30 days' notice, and the motion must still be timely filed regardless of conferral status.
Unsuccessful attempts to confer are not a basis for unreasonable delay; therefore, upon unsuccessful conferral, movant may unilaterally set motions with at least thirty (30) day notice [the subject motion must still be timely filed regardless of conferral status].
Page 1 | IF YOU ARE AN ATTORNEY
Adjournment & Extension Requirements
To cancel a special set hearing less than 7 days out, one of the listed documents (agreed order, dismissal order, or settlement/stipulation notice) must be e-filed with a copy forwarded to chambers.
If parties wish to cancel the hearing less than 7 days before the hearing date one of the following must be e-filed and a copy forwarded to chambers: -Agreed Order regarding the Motion -Notice of Voluntary Dismissal -Order of Dismissal -Order of Dismissal based on Settlement -Order of Dismissal based on Stipulation -Notice of Settlement -Notice of Stipulation
Page 1 | Special Sets Information (CANCELLATIONS)
Special set hearings may not be canceled without leave of court unless fully resolved or settled, and a notice of cancellation must be filed 7 days before the hearing.
CANCELLATIONS: Special Set hearings shall not be canceled without leave of court, unless all issues framed by the motion(s) have been fully resolved or the case has settled. Please file your Notice of Cancellation seven (7) days prior to the scheduled hearing.
Page 1 | Special Sets Information (CANCELLATIONS)
Only the scheduling party may cancel a motion calendar hearing, by e-filing a notice of cancellation and cancelling on CourtMAP at least 5 days before the hearing.
Only the party who scheduled a motion calendar hearing may cancel it. Please e-file a notice of cancellation and cancel the hearing on courtMAP five (5) days prior to the scheduled hearing.
Page 1 | CANCELLATIONS
Continuances must be requested by motion, and notices of unavailability or vacation are not permitted; attorneys planning vacation must retain coverage counsel or move for a continuance.
4. An attorney can file a MOTION for absolutely anything for which there is support in fact and law. An attorney can file a NOTICE only when there is a statute or rule providing for that notice. No statute or rule provides for a "Notice of Unavailability" or "Notice of Vacation." The attorney who wants a continuance must move for a continuance. If you are going on vacation, you should plan to retain coverage counsel, or move for continuance, or be prepared to be properly attired and positioned for the hearing before the Court [if on Zoom].
Page 1 | IF YOU ARE AN ATTORNEY
Motions for extension of time must comply with Fla. R. Civ. P. 1.090(b) or they will be denied even if agreed.
Motions for Extension of Time are governed by FL.R.Civ. P. 1.090(b), failure to comply with this rule will result in denial of motion (agreed or not).
Page 1 | IF YOU ARE AN ATTORNEY
Chambers Communication Rules
After submitting an emergency motion via CourtMAP, parties must call chambers at (305) 354-8722 to inform the Judicial Assistant so the judge can review it.
Please contact Chambers at (305) 354-8722 after submitting your Emergency Motion via CourtMap to inform the Judicial Assistant that said motion has been filed. The judge will review the Emergency Motion and the Judicial Assistant will contact you with available hearing dates and times if appropriate.
Page 1 | Additional Instructions (Emergency Motions)
Parties may not email the judge directly on any case and must instead call chambers.
TO ALL PARTIES: PLEASE DO NOT E-MAIL THE JUDGE DIRECTLY ON ANY CASE(S), INSTEAD, PLEASE CALL THE OFFICE.
Page 1 | TO ALL PARTIES: PLEASE DO NOT E-MAIL THE JUDGE DIRECTLY ON ANY CASE(S)
If the parties agree before a hearing, they may upload an agreed order on CourtMAP and must notify chambers by email with all parties copied.
**NOTE: If the parties reach an agreement prior to the hearing, you may upload an agreed order for the motion on CourtMAP. You must notify chambers through e-mail with all parties copied. Send e-mails to sgutierrez@jud11.flcourts.org.
Page 1 | CANCELLATIONS
Add-ons to hearings require prior consent of the Judge, obtained by contacting chambers.
ADD-ONS: No add-ons are permitted without prior consent of the Judge. Please contact Chambers with you request.
Page 1 | Special Sets Information
Requests for a 2-hour fee hearing must be emailed to the Judicial Assistant with all parties copied.
If you would like to request a Fee Hearing of 2 hours, please send an email to the Judicial Assistant at SGUTIERREZ@JUD11. FLCOURTS.ORG with all parties copied.
Page 1 | Fee Hearings (Motion for Attorney's Fees and Costs)
Requests for special set hearings over 60 minutes must be emailed to the Judicial Assistant with all parties copied, the motion and supporting documents attached, and the time sought and reason stated.
If you would like to request a Special Set hearing that is more than 60- MINUTES, please send an email to the Judicial Assistant at SGUTIERREZ@JUD11. FLCOURTS.ORG with all parties copied. Please ensure the motion is attached, any supporting documents, the amount of time you are seeking, and the reason for seeking that amount of time.
Page 1 | Special Sets Information (Special Sets for more than 60-MINUTES)
Parties must verify hearings through the docket or the clerk's website and must not contact chambers for confirmation.
** DO NOT contact chambers for confirmation.
Page 1 | CONFIRMATION FOR MOTION CALENDAR
Chambers communication with the Judicial Assistant is directed to Sgutierrez@jud11.flcourts.org.
JA Email: Sgutierrez@jud11.flcourts.org
Page 1 | General (Header)