Judge Mariano Corcilli
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Email • No Less Than Five Days Before Hearing
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Chambers
Document Format Requirements2 rules
Agreed/unopposed proposed orders may be submitted electronically in Word format to Chambers, if accompanied by proof of agreement.
A proposed order may be electronically submitted in Word format to Chambers if accompanied by a motion signed by both State and Defense or an email or other proof indicating agreement or non-opposition.
DOCX
When the Court requests, proposed orders should be submitted electronically in Word format.
When the Court requests it, proposed orders should be submitted electronically in Word
DOCX
Document Filing Requirements10 rules
A waiver or plea in absentia is required for defense attorney to appear and take a plea, must include waived rights and immigration consequences, be signed and notarized, with notation for electronic signatures.
c. A duly executed waiver or plea in absentia is required from the Defendant for the Defense Attorney to appear for trial check-in and to take a plea on behalf of the Defendant. The waiver must include the rights the Defendant waives and the potential immigration consequences of taking the plea. The rights waiver must be signed by the Defendant and notarized. If the Defendant's signature is an electronic signature, then the notary should indicate on the waiver that the notary is permitted to conduct remote notarization or electronic signatures.
Document Type
Plea Waiver
A Motion to Set Aside Bench Warrant must attach an affidavit from the bondsperson that the surety is willing to remain on bond when bond is estreated.
If there is a bond on the case that was estreated, the Motion to Set Aside must have as an attachment an affidavit from the bondsperson that the surety is willing to remain on bond.
Document Type
Motion To Set Aside Bench Warrant
For a Motion for Return of Property, defendants must file the original with the Clerk's Office and provide a copy to the Judicial Assistant and opposing counsel.
Defendants must file the original motion to the Clerk's Office and provide a copy to the Judicial Assistant and opposing counsel for the motion to be set.
Document Type
Motion For Return Of Property
For a Motion to Seal or Expunge, defendants must file the original with the Clerk's Office and send a copy to the Judicial Assistant.
Defendants must file the original with the Clerk's Office and send a copy to the Judicial Assistant to set on Motion Calendar.
Document Type
Motion To Seal Or Expunge
Boilerplate motions or those lacking specific supporting allegations are not legally sufficient.
"Boilerplate" motions or those devoid of specific supporting allegations are not legally sufficient.
Document Type
Motion
Motions must be in writing and comply with Fla. R. Crim. P. 3.190(a), unless an emergency.
Motions must be in writing unless otherwise specified, or in emergency situations, and must comply with Fla. R. Crim. P. 3.190(a).
Document Type
Motion
Executed rights waiver forms should be submitted before a plea colloquy begins.
Executed Rights Waiver Forms should be submitted before a plea colloquy begins.
Document Type
Rights Waiver Form
Defendants must file a Notice of Hearing indicating date, time, physical address, and Zoom meeting ID for the Motion for Return of Property hearing.
Then, Defendants must file a Notice of Hearing indicating the date, time, physical address, and Zoom meeting ID for the motion calendar hearing date for your Motion for Return of Property.
Document Type
Notice Of Hearing
A proposed order must be accompanied by a motion signed by both State and Defense, or other proof of agreement or non-opposition.
A proposed order may be electronically submitted in Word format to Chambers if accompanied by a motion signed by both State and Defense or an email or other proof indicating agreement or non-opposition.
Document Type
Proposed Order
A non-opposing non-moving party is not required to file a response.
A non-moving party who does not oppose the motion is not required to file a response.
Document Type
Response
Filing & Service rules
Filing Timing and Cure Windows
If the Court requires a written response, the notice will set a deadline for filing and submission to Chambers.
If the Court requires a written response, the notice will so advise and will set a deadline for the filing and submission to Chambers of any written response in opposition.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Failure to timely file a required written response may result in waiver, treatment as unopposed, and ruling on papers.
If the Court requires a written response and none is timely filed and submitted to Chambers, absent good cause shown, the Court may deem the opposition waived, may treat the motion as unopposed, and may rule on the motion on the papers, without hearing, and without considering oral argument, legal authority, or factual assertions not timely raised in a written response.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Motions must be filed and served on opposing counsel at least five days prior to hearing.
Motions must be filed and served upon opposing counsel five (5) days prior to being heard. See Fla. R. Gen. Practice and Jud. Admin. 2.514 regarding the computation of time.
Page 5 | VI. SETTING MOTIONS FOR HEARING - b. SPECIAL SET AND/OR EVIDENTIARY HEARINGS - 1
Requests to set cases on the next day's calendar must be received by 1:30 PM, are limited to time-sensitive matters, and are subject to exceptional circumstances.
Requests to set cases on the following day's calendar must be received by 1:30 PM, absent exceptional circumstances, and are limited to time-sensitive matters.
Page 6 | VI. SETTING MOTIONS FOR HEARING - d. PLACING CASES ON CALENDAR
Motions for return of property will be scheduled about 10 days after filing to allow notice to the arresting agency and State review.
The motion will be scheduled on or about 10 days after to give the moving party time to notice the arresting agency of the hearing and to give the State sufficient time to determine if it, or the arresting agency, has an objection.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Service and Proof of Service Rules
The Motion and Notice of Hearing must be served on the agency holding the property and the State.
Both the Motion and Notice of Hearing need to be served on the agency holding the property as well as the State.
Page 5 | V. MOTIONS AND MOTION PRACTICE - Motion for Return of Property
Notice must be sent to the agency's legal department with at least ten days' notice.
Notices should be sent to the legal department for that agency with at least ten (10) days' notice.
Page 5 | V. MOTIONS AND MOTION PRACTICE - Motion for Return of Property
Courtesy Copy Requirements
Courtesy copies should be emailed to the Judicial Assistant and copied to other parties at least five days before the hearing.
Courtesy copies should be delivered to the Court by way of e-mail to the Judicial Assistant and copied to the other party or parties to the case no less than five (5) days before the scheduled hearing.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Pre-Motion Conference Requirements
Parties must confer in good faith to resolve or narrow issues before any hearing.
Parties must confer in good faith to resolve or narrow issues before any hearing.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Before setting any motion for hearing, movant's counsel must confer in good faith with affected parties and inform the Court of resolved and unresolved issues.
Prior to setting any motion for hearing, counsel for the movant must confer (orally or in writing), or make a reasonable effort to confer (orally or in writing), with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with movant's counsel must cooperate and act in good faith in attempting to resolve the dispute. If, after conferring, certain issues have been resolved by agreement, the parties must inform the Court of the issues resolved and the issues that remain for the Court to resolve.
Page 5 | VI. SETTING MOTIONS FOR HEARING - a. MEET AND CONFER REQUIREMENT
The Court strongly encourages parties to confer prior to setting motions and to submit agreed orders.
The Court strongly encourages the parties to confer to resolve motions and narrow issues prior to setting any motion and to submit agreed orders to the Court as necessary.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Exceptional circumstances aside, motions may be special set for hearing no sooner than one week before trial; failure to comply may result in a continuance attributable to the non-compliant party.
Absent exceptional circumstances, motions may be special set for hearing no sooner than one (1) week before the case is set for trial. Failure to timely comply with this directive may result in continuance of trial attributable to the non-compliant party.
Page 6 | VI. SETTING MOTIONS FOR HEARING - b. SPECIAL SET AND/OR EVIDENTIARY HEARINGS - 2
Certain motions (compel, set aside bench warrant, set aside bond estreature, depose, bill of particulars, withdraw) need not be specially set and may be addressed during any report setting; standard motions in limine are addressed pre-trial.
Motions to Compel, Motions to Set Aside Bench Warrant and D6, Motions to Set Aside Bond Estreature, Motion to Depose, Motions for Bill of Particulars, and Motions to Withdraw, for example, need not be specially set and may be addressed during any report setting; standard Motions in Limine will be addressed pre-trial.
Page 6 | VI. SETTING MOTIONS FOR HEARING - c
Adjournment & Extension Requirements
Motions to continue on the day of trial are heard only for extenuating circumstances and good cause; otherwise, they must be filed in writing and heard before the day of trial.
Motions to Continue on the day of trial will ordinarily be heard only for extenuating circumstances and good cause. Otherwise, all Motions to Continue must be filed, in writing, and heard by the Court prior to the day of trial.
Page 7 | VIII. TRIALS
Chambers Communication Rules
Parties must respond to opposing parties' emails in an attempt to resolve issues before addressing the Court.
The parties must respond to emails from opposing parties in an attempt to resolve issues prior to addressing the Court.
Page 4 | V. MOTIONS AND MOTION PRACTICE
Motions emailed to Chambers must be copied to the State Attorney's Office.
Motions emailed to Chambers must be copied to the Office of the State Attorney (hereinafter "State") in order to allow the State to review the Motion.
Page 4 | V. MOTIONS AND MOTION PRACTICE
If submissions exceed 75 pages, contact the Judicial Assistant for additional instructions.
The Court will read whatever materials are submitted by the parties and prefers e-mail submission (please contact the Judicial Assistant for additional instructions if submissions exceed 75 pages).
Page 4 | V. MOTIONS AND MOTION PRACTICE
A copy of the filed motion must be emailed to the Judicial Assistant with subject line 'Case number - Defendant's name' to ensure proper scheduling.
A copy of the filed motion must be forwarded to the Judicial Assistant by email to ensure it is properly scheduled. E-mails must include the subject line: Case number - Defendant's name. [example: M21-012345 - JOHN DOE].
Page 5 | VI. SETTING MOTIONS FOR HEARING - b. SPECIAL SET AND/OR EVIDENTIARY HEARINGS - 1
For all other motions, contact the Judicial Assistant to set a hearing; email the written motion, and if no response within 24 hours, contact the office by phone or email the Court Specialist.
Please contact the Judicial Assistant to set any motions. The written motions must be emailed to the Judicial Assistant, who will reply with a hearing date. If you do not get a response within 24 hours, kindly contact our office via telephone or email the Court Specialist.
Page 5 | V. MOTIONS AND MOTION PRACTICE - h. ALL OTHER MOTIONS
Pro Se Defendants or Defense Counsel must contact the Judicial Assistant to schedule the Motion for Return of Property on Calendar.
Pro Se Defendants or Defense Counsel must contact the Judicial Assistant to schedule the motion on Calendar.
Page 5 | V. MOTIONS AND MOTION PRACTICE - Motion for Return of Property
To have a matter placed on the calendar (other than special set or evidentiary hearing), email chambers with specific required information and a copy of any motion to be heard.
Please contact chambers by e-mail to request a matter be placed on calendar, other than for special set and/or evidentiary hearing. The request should indicate the Defendant's name, case number, motion/matter to be addressed, whether an interpreter is required, which language is required, whether the Defendant's presence is required and whether in person or virtual, and should include a copy of any motion to be heard.
Page 6 | VI. SETTING MOTIONS FOR HEARING - d. PLACING CASES ON CALENDAR
Any email to Judicial Assistant Denise Saumell must copy all counsel of record in the same email.
JUDICIAL ASSISTANT'S NAME AND EMAIL ADDRESS: Denise Saumell – dsaumell@jud11.flcourts.org (If you email the judicial assistant, you must copy all counsel of record in the same email.)
Page 1 | ADMINISTRATIVE INFORMATION
Any email to Bailiff Ilon Fernandez must copy all counsel of record in the same email.
BAILIFF'S NAME AND EMAIL ADDRESS: Ilon Fernandez – lfernandez@jud11.flcourts.org (If you email the bailiff, you must copy all counsel of record in the same email.)
Page 1 | ADMINISTRATIVE INFORMATION
The Court Specialist can be contacted via email at IFernandez@jud11.flcourts.org.
b. Court Specialist: Ilon Fernandez - IFernandez@jud11.flcourts.org
Page 1 | I. ADMINISTRATIVE INFORMATION
The Judicial Assistant can be contacted via email at DSaumell@jud11.flcourts.org.
a. Judicial Assistant: Denise Saumell - DSaumell@jud11.flcourts.org
Page 1 | I. ADMINISTRATIVE INFORMATION
Chambers can be contacted by phone at 305-548-5187.
c. CHAMBERS INFORMATION: Address: 1351 NW 12th Street, Miami, FL 33125 Telephone: 305-548-5187
Page 1 | I. ADMINISTRATIVE INFORMATION
Chambers can be reached by telephone at 305-548-5187, and the division Zoom Meeting ID is 953-8053-5466.
CHAMBERS INFORMATION: Address: 1351 NW 12th Street, Room 617, Miami, Florida 33125 Telephone: 305-548-5187 Zoom Meeting ID: 953-8053-5466
Page 1 | CHAMBERS INFORMATION