Judge Cristina Miranda
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Case Law, Legal Authorities
- Before Hearing
Motion
- Upon Filing
- When Placing Motion On Calendar
Motion In Limine
- Upon Filing
Motion To Increase Or Reduce Bond
- 1 copy • Upon Filing
Adjournments
- Continuance motions must be placed on calendar at least three days before hearing, except that a continuance requested on the Sounding date may be made ore tenus with advance notice to opposing counsel.
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Fax
Chambers
Document Filing Requirements6 rules
JAC motions to declare the defendant indigent for costs must be submitted to chambers with supporting documentation, JAC's response, and a proposed order.
Submit the Motion to have Defendant Declare Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers.
Document Type
Jac Motion To Declare Indigent For Costs
A motion to increase or reduce bond must attach, at minimum, a copy of the A-form and the defendant's prior criminal history, plus any other supporting documents counsel wants considered.
Counsel should, at a minimum, attach a copy of the A-form and defendant's prior criminal history, to the Motion, along with any other documents Counsel wants Judge Miranda to consider in increasing or reducing bond.
Document Type
Motion To Increase Or Reduce Bond
A motion to modify or terminate probation/community control must include the positions of the probation officer, the State Attorney, and, if applicable, the victim.
A Motion to Modify or Terminate should include the Probation Officer's, the State Attorney's, and – if applicable – the victim's position on the motion.
Document Type
Motion To Modify Or Terminate Probation
The Court will not accept motions for early termination of probation filed by probation officers.
Judge Miranda does not accept motions for Early Termination of Probation from Probation Officers.
Document Type
Motion For Early Termination Of Probation
Stipulated motions for continuance may be sent to chambers and must be accompanied by a stipulated order.
Stipulated Motions for Continuance may be sent to chambers with a Stipulated Order.
Document Type
Stipulated Motion For Continuance
If any party objects to a motion to modify or terminate probation, the motion must include a copy of the original A-form and the defendant's criminal history.
If there is an objection, please include a copy of the original A-form and the defendant's criminal history.
Document Type
Motion To Modify Or Terminate Probation
Filing & Service rules
Electronic Filing Rules
The original motion must be filed with the Clerk's office.
The original motion must be filed with the clerk's office.
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR: TRIALS, EVIDENTIARY HEARINGS & PLEAS
Filing Timing and Cure Windows
Suppression motions must be filed no later than 10 days before trial and will be heard the week of trial; filing on the trial date results in a continuance attributed to the filing party or the motion being stricken.
All motions must de filed well in advanced of trial and no later than 10 days prior to trial. They will be heard the week of trial unless the Court indicates otherwise and sets a special set date. Filing of motions the date of trial will result in a continuance attributed to the filing party, or the motion will be striken.
Page 2 | SUPPRESSION MOTIONS
Motions in limine must be filed the Friday before trial, with a copy sent to chambers by facsimile or e-mail.
For in motions in limine, file the Friday before the trial, send copy to chambers by facsimile or e-mail.
Page 2 | LIMINE MOTIONS
Service and Proof of Service Rules
Return-of-property motions require 10 business days' notice of hearing to the police department, and defense counsel must prove service on the law enforcement agency holding the property via certified mail return receipt, fax confirmation, or an agency receipt.
these motions require a 10-business day notice of hearing to the police department. Defense Counsel must present proof that the motion was submitted to the law enforcement agency holding the property. This can be accomplished by 1. Sending the motion to the agency by Certified Mail, Return Receipt Requested and bringing the green return receipt post card to court 2. Faxing the motion to the agency and bringing a fax confirmation printout to court; or 3. Obtaining a receipt from the agency verifying they were served with the Motion.
Page 2 | RETURN OF PROPERTY
A copy of the seal/expunge motion must be provided to the State, and if the State objects the hearing will be reset with notice to the attorney.
Provide a copy to the State. If there is an objection by the State it will be reset with notice to the attorney.
Page 2 | SEAL/EXPUNGE
Counsel must provide the State with a copy of the motion to increase or reduce bond.
Provide the State with a copy of the motion.
Page 3 | INCREASE/REDUCE BOND
Courtesy Copy Requirements
Courtesy copies of motions must be provided to the Judge by e-mail, fax, or hand delivery because the Clerk's Office does not forward filed motions to the Judge.
METHOD OF PROVIDING COURTESY COPIES: e-mail. fax or hand delivered NOTE: The Clerk's Office does not provide Judge Cristina Miranda with copies of motions which Counsel submits.
Page 1 | METHOD OF PROVIDING COURTESY COPIES
When placing a motion on calendar, a copy of the motion must be sent to chambers by email, fax, or hand-delivery.
Send a copy of the motion to chambers by email, facsimile or hand-delivery.
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR: TRIALS, EVIDENTIARY HEARINGS & PLEAS
Motions in limine must be filed with the Clerk's office and a copy sent to chambers by facsimile or e-mail.
File the original with the Clerk's office. For motions in limine, send a copy to chambers by facsimile or e-mail.
Page 2 | LIMINE MOTIONS
Suppression motions must be filed with the Clerk's office and a copy sent to chambers.
File the original with the Clerk's office and send a copy to chambers.
Page 2 | SUPPRESSION MOTIONS
Motions to increase or reduce bond must be filed with the Clerk's office and a copy sent to chambers.
INCREASE/REDUCE BOND: File the original with the Clerk's office and send a copy to chambers.
Page 3 | INCREASE/REDUCE BOND
Judge Miranda strongly encourages (but does not require) both parties to provide videos, transcripts, and other evidence they will rely on at the Arthur Hearing to the Court at least 24 hours before the hearing, and earlier if the materials are voluminous.
Although neither party is required to file a motion, Judge Miranda strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least 24 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.
Page 3 | Arthur Hearing / bond status procedures (preceding INCREASE/REDUCE BOND)
Counsel must provide any case law they rely on to the Court before the hearing.
If you write it, the Court will read it. If you have case law, provide it before the hearing.
Page 4 | MISCELLANEOUS POLICIES AND PROCEDURES
Pre-Motion Conference Requirements
Before submitting a Nebbia motion, defense counsel must first present the documentary proof to the State to seek a stipulation; if there is no stipulation, the documents are submitted to chambers for a hearing date.
Defense Counsel should first present the documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the judicial assistant will call the attorney's office with the date for the Nebbia hearing.
Page 2 | NEBBIA MOTIONS
Adjournment & Extension Requirements
Continuance motions must be placed on calendar at least three days before hearing, except that a continuance requested on the Sounding date may be made ore tenus with advance notice to opposing counsel.
Motions for Continuance may be placed on calendar minimum three days prior to hearing. If the continuance is requested on the Sounding date may be made Ore-Tenus, please advise opposing counsel in advance.
Page 1 | CONTINUANCES
The Court may deny continuances requested due to discovery problems (e.g., witnesses not appearing for deposition) if counsel has not filed motions to compel.
If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court. The Court may deny continuances in these circumstances if counsel have not filed Motions to Compel.
Page 4 | MISCELLANEOUS POLICIES AND PROCEDURES
Chambers Communication Rules
Emails to the Court using the subject line 'SERVICE OF COURT DOCUMENTS' are automatically rejected by the email system.
Do NOT put "SERVICE OF COURT DOCUMENTS" in the subject line of any email to the Court – if you do, our email system automatically rejects the email.
Page 1 | JUDGES INFORMATION AND PROCEDURES FOR WEBSITE
Parties must contact chambers and follow up on all emails sent to chambers.
PLEASE REMEMBER THAT YOU MUST CONTACT CHAMBERS AND FOLLOW-UP ON ALL E-MAILS
Page 4 | MISCELLANEOUS POLICIES AND PROCEDURES
Any email to the Judge or judicial assistant must copy all counsel and include a contact number.
If you write the Judge or the judicial assistant about a case, you must copy all counsel in the same email and provide a contact number.
Page 1 | JUDGES INFORMATION AND PROCEDURES FOR WEBSITE
Counsel must indicate how much time is needed to argue a motion in limine and contact chambers for a specially set date and time.
These are special motions therefore indicate how much time will be needed to address it and contact chambers for a special set date and time.
Page 2 | LIMINE MOTIONS
Counsel must call the judicial assistant to coordinate a date to place the bond motion on calendar.
Call the judicial assistant to coordinate a date to set motion on calendar.
Page 3 | INCREASE/REDUCE BOND
For pleas, counsel contacts the judicial assistant, who will provide a calendar date (text is a fragment; full procedure appears earlier in the document).
judicial assistant and she will give you a calendar date.
Page 4 | POLICIES REGARDING PLEAS
Division 7 (Circuit Criminal) chambers can be reached by phone at (305) 548-5178.
Phone: (305) 548-5178
Page 1 | Procedures for Division 7
Division 7 (Circuit Criminal) chambers can be contacted by email at F007@jud11.flcourts.org.
Email: F007@jud11.flcourts.org
Page 1 | Procedures for Division 7
Judge Cristina Miranda's email address is cmmiranda@jud11.flcourts.org.
1. JUDGE'S NAME & EMAIL: Cristina Miranda (cmmiranda@jud11.flcourts.org)
Page 1 | JUDGES INFORMATION AND PROCEDURES FOR WEBSITE
The division email address is F007@jud11.flcourts.org.
Division E-Mail: F007@jud11.flcourts.org
Page 1 | CHAMBER'S INFORMATION
For stipulated motions or where counsel have agreed on a date, they may contact the judicial assistant for availability to place the motion on calendar.
If the motion is stipulated or counsels have agreed on a date, they may contact the J.A. for availability to place on calendar.
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR: TRIALS, EVIDENTIARY HEARINGS & PLEAS
Judicial Assistant Miosotiys M. Alba's email address is malba@jud11.flcourts.org.
2. JUDICIAL ASSISTANT'S NAME & EMAIL: Miosotiys M. Alba (malba@jud11.flcourts.org)
Page 1 | JUDGES INFORMATION AND PROCEDURES FOR WEBSITE
Chambers fax number is (305) 808-0233.
Fax #: (305) 808-0233
Page 1 | CHAMBER'S INFORMATION
Chambers phone number is (305) 548-5178.
Phone #: (305) 548-5178
Page 1 | CHAMBER'S INFORMATION
Counsel must contact chambers to coordinate a date and time for seal/expunge motions.
Contact Chambers to coordinate a date and time.
Page 2 | SEAL/EXPUNGE
Counsel must contact chambers to coordinate a date and time for return-of-property motions.
Contact chambers to coordinate a date and time
Page 2 | RETURN OF PROPERTY
If the parties cannot agree on pretrial release conditions, defense counsel may call the judicial assistant to request that the case be placed on calendar for a bond status hearing.
If the parties cannot reach agreement, Defense Counsel may call the judicial assistant to request that the case be placed on calendar for status regarding bond.
Page 3 | Arthur Hearing / bond status procedures (preceding INCREASE/REDUCE BOND)