Court Rules

Court-wide rules

Applies court-wide

These 7 rules apply across Eleventh Judicial Circuit of Florida, Miami-Dade County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 6
  • Applies to
    Forms packet

    Pro se parties must acquire and utilize the Eleventh Judicial Circuit forms packet (or forms substantially in compliance therewith) from the Clerk's Office, unless waived for good cause by the Administrative or Associate Administrative Judge.

  • Applies to
    Self help program registration

    Pro se parties must register with the Circuit's Family Court Self Help Program to receive information, instructions, referrals, and assistance, unless waived for good cause by the Administrative or Associate Administrative Judge.

  • Applies to
    Pleadings and papers

    At the time of filing, pro se parties must have their pleadings and papers reviewed as to form by the Family Court Self Help Program, unless waived for good cause by the Administrative or Associate Administrative Judge.

Fees

All 1
  • Fee
    $35
    Applies to
    Forms packet

    The required forms packet is available from the Clerk's Office at a cost not to exceed $35.00, subject to good-cause waiver of the procedures by the Administrative or Associate Administrative Judge.

View all Eleventh Judicial Circuit of Florida, Miami-Dade County rules
About Judge Miguel M de la O

Miguel M de la O is a judge in the Eleventh Judicial Circuit of Florida, which serves Miami-Dade County through circuit and county court divisions.

Practitioners will find division-specific procedures for Division 12 in the published document 'Judge de la O information and procedures for Website - Division 12.'

Common questions about Judge Miguel M de la O's rules

Are courtesy copies required for Judge Miguel M de la O?

Courtesy-copy rule applies for motions. Details: 1 copy, delivery when placing case on calendar, by email. To place a motion on calendar, counsel must email a copy of the motion to the JA at F012@jud11.flcourts.org because the Clerk's Office does not forward e-filed motions to the judge.

View ruleSource: page 1, section PLACING CASES ON CALENDAR

Does Judge Miguel M de la O require a pre-motion conference or letter before filing a motion?

Judge Miguel M de la O's rules set a pre-motion procedure for other. The court will not rule on a downward departure motion unless the defendant has entered a plea or been found guilty.

View ruleSource: page 5, section POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS

What must be included with jac indigency motion filings before Judge Miguel M de la O?

The rule requires proposed order. JAC indigency motions must be submitted to Chambers with supporting documentation, JAC's response, and a proposed order; the Court may enter the order without a hearing unless JAC requests one or the Judge has questions, in which case the JA will set it for hearing.

View ruleSource: page 2, section POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS

What must be included with credit for time served waiver form filings before Judge Miguel M de la O?

The rule identifies required filing content or certificates. Defense counsel must complete and have the defendant sign a credit-for-time-served waiver form (available from the Clerk) whenever any amount of credit for time served is waived.

View ruleSource: page 5, section POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS

How may parties contact Judge Miguel M de la O's chambers?

The rule addresses email communications with Judge Miguel M de la O's chambers. The rule lists email pgarbalosa@jud11.flcourts.org. Any email to the Judge or the Judicial Assistant about a case must copy all counsel in the same email.

View ruleSource: page 1, section JUDICIAL ASSISTANT'S NAME & EMAIL

How do I request an adjournment or extension before Judge Miguel M de la O?

Advance notice is not fully stated in the structured details. Counsel must bring discovery violations to the Court's attention, and the Court may deny continuances if counsel has not filed a Motion to Compel.

View ruleSource: page 5, section MISCELLANEOUS POLICIES AND PROCEDURES

Is electronic filing required before Judge Miguel M de la O?

Yes. Electronic filing is required for the covered filings. The original motion must be filed with the Clerk's office, and the Clerk does not forward e-filed motions to the Judge, which is why copies must be emailed to chambers.

View ruleSource: page 2, section PROCEDURES FOR PLACING MOTIONS ON CALENDAR

When is a filing treated as filed before Judge Miguel M de la O?

The rule addresses filing timing, filing status, or cure windows. Motions in Limine must be filed in writing by the Wednesday before trial or risk denial absent good cause.

View ruleSource: page 3, section POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Limine Motions

What rule applies to serving the court before Judge Miguel M de la O?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the court. Seal/expunge motions must be filed with the Clerk with a copy sent to chambers; counsel need not attend the hearing if all documents are in order.

View ruleSource: page 3, section POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Seal/Expunge
Complete rules summary for Judge Miguel M de la O

Emails to Judge de la O regarding court business must copy the Judicial Assistant; the Judge's email is mdelao@jud11.flcourts.org.

Any email to the Judge or the Judicial Assistant about a case must copy all counsel in the same email.

Use the division email F012@jud11.flcourts.org to reach both the Judge and the JA, and do not send separate copies to each.

Chambers can be reached by phone at 305.548.5761 (Room 212, 1351 N.W. 12th Street, Miami, FL 33125).

To place a motion on calendar, a copy of the motion must be emailed to chambers, and the JA will call the attorney's office with the hearing date.

The original motion must be filed with the Clerk's office, and the Clerk does not forward e-filed motions to the Judge, which is why copies must be emailed to chambers.

Courtesy copies to chambers may be provided by email or hand-delivery.

Motions for continuance may be made orally (ore tenus) at Sounding.

JAC indigency motions must be submitted to Chambers with supporting documentation, JAC's response, and a proposed order; the Court may enter the order without a hearing unless JAC requests one or the Judge has questions, in which case the JA will set it for hearing.

The court will not rule on a downward departure motion unless the defendant has entered a plea or been found guilty.

If the parties do not stipulate Nebbia compliance, documents must be submitted to chambers, and the Nebbia hearing is generally set for the next business day if provided to Chambers before 3:00 pm.

Motions in Limine must be filed in writing by the Wednesday before trial or risk denial absent good cause.

Motions in Limine must be filed in writing.

Seal/expunge motions must be filed with the Clerk with a copy sent to chambers; counsel need not attend the hearing if all documents are in order.

Return of property motions must be filed with the Clerk with copies to the State, the possessing agency, and chambers, and will be scheduled at least two weeks out.

Before requesting an Arthur Hearing, defense counsel must first confer with the assigned ASA about agreed pretrial release conditions.

If the parties cannot agree on pretrial release conditions, defense counsel may call the judicial assistant to request an Arthur Hearing.

Arthur Hearing requests made to the judicial assistant before 3:00 pm will generally result in the hearing being set for the next business day.

Parties are strongly encouraged to provide videos, transcripts, and evidence for an Arthur Hearing at least 24 hours before the hearing, earlier if voluminous.

Bond increase/reduce motions must be filed with the Clerk with an emailed copy to chambers.

Bond increase/reduce motions must attach at minimum the A-form and the defendant's criminal history, plus any other supporting documents.

Bond increase/reduce motions provided to Chambers before 3:00 pm will be scheduled for the next business day.

Motions to modify or terminate probation must include the probation officer's, State Attorney's, and if applicable the victim's positions, plus the A-form and criminal history.

Suppression motions must be filed with the Clerk with a copy to chambers, after which the JA calendars the case to select a special set hearing date.

Defense counsel must complete and have the defendant sign a credit-for-time-served waiver form (available from the Clerk) whenever any amount of credit for time served is waived.

Counsel must bring discovery violations to the Court's attention, and the Court may deny continuances if counsel has not filed a Motion to Compel.

Any case law must be provided to the Court before the hearing.

The Clerk's Office does not forward copies of e-filed motions to Judge de la O, so e-filing alone does not deliver motion papers to the judge's chambers.

Judge de la O's office phone number is (305) 548-5761 at the Richard E. Gerstein Justice Bldg., Room REG 212.

To place a motion on calendar, counsel must email a copy of the motion to the JA at F012@jud11.flcourts.org because the Clerk's Office does not forward e-filed motions to the judge.

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