Eleventh Judicial Circuit of Florida, Miami-Dade County Adjournment & Extension Requirements

CRITICAL

Continuances require a Motion for Continuance filed with the Court and emailed to the Judicial Assistant; the motion must be filed before any hearing is continued or re-set, and if objected to, a hearing will be held on the motion.

Motions for Continuance of a hearing scheduled before the Magistrate must be heard by the Magistrate. All MOTIONS FOR CONTINUANCE must be filed with the Court and emailed to bgottlieb@jud11.flcourts.org. No hearing will be continued or re-set without the appropriate Motion for Continuance filed first. If one side objects to the continuance, a hearing will be held on the Motion for Continuance.

CRITICALCivil cases

Special set hearings cannot be cancelled by only filing a Notice of Cancellation (except on settlement, agreed order, or withdrawal); rescheduling requires a Motion to Continue.

Special Set hearing is not permitted to be cancelled by only filing Notice of Cancellation with the following exceptions: the case settles, agreed order resolving a motion is submitted or motion is withdrawn. Should the hearing require rescheduling, Motion to Continue MUST be filled and if there is an agreement, agreed order may be uploaded otherwise, it must be scheduled for hearing.

CRITICALCivil cases

A Notice of Unavailability cannot continue a trial; a timely Motion for Continuance with client consent must be filed and heard on the Tuesday/Wednesday motion calendar before the calendar call.

Notice of Unavailability is not sufficient to continue trials. Appropriate Motion for Continuance with consent must be filed timely and scheduled for Hearing prior to the calendar call on the motion calendar held on Tuesdays and Wednesdays (contact the chambers at 305-349-7020, if there are no motion calendar dates before the calendar call and JA will schedule for first Tuesday or Wednesday available)

CRITICALCivil cases

The client's consent must be filed with any motion to continue trial.

Client's consent MUST be filed with the Motion to Continue trial, pursuant to the Florida Rule of Civil Procedure.

CRITICALCivil cases

Cancelling or resetting a special set hearing requires submitting a motion and proposed order through CourtMAP unless a notice of settlement, agreed order, or notice of withdrawal is filed in advance.

If you need to cancel or reset a special set hearing, please submit a motion and proposed order through CourtMAP, you are not permitted to automatically cancel or reset a special set hearing unless notice of settlement, agreed order resolving a motion or notice of withdrawal of the motion is filed in advance via CourtMap and with a clerk of the courts.

CRITICALCivil cases

Trial continuance motions must be filed at least 2 weeks before the calendar call and scheduled for hearing before the calendar call.

Any party seeking a continuance of the trial MUST file a Motion for Continuance at least 2 weeks prior to the calendar call AND SCHEDULE IT FOR HEARING to be heard prior to the Calendar Call (contact the chambers if there is no motion calendar date available prior to the calendar call, do not schedule it after the calendar call).

CRITICALCivil cases

Motions to continue trial will not be entertained at the calendar call, except for valid emergency motions.

THE COURT WILL NOT ENTERTAIN ANY MOTIONS TO CONTINUE TRIAL AT THE CALENDAR CALL. The only exception to the rule will be for valid emergency motions.

CRITICALCivil cases

A Notice of Unavailability or Notice of Conflict is not sufficient to continue a trial; a motion must be filed.

Notice of Unavailability of Notice of Conflict is not sufficient to continue trial. Motion MUST be filed.

CRITICALCivil cases

Partial continuances are not permitted; a motion for continuance must cover the entire trial period and parties must be available for the whole trial period.

Should the unavailability be for part of the trial docket, Motion for Continuance MUST be filed for the whole trial period as the partial continuance is not permitted. The parties must be available during all trial period as stated in the trial order.

CRITICAL

Special set hearings may only be cancelled if a resolution is reached and an agreed order is submitted before the hearing starts; otherwise the parties must appear on the scheduled date/time.

Special set hearings can only be cancelled if a resolution has been reached and an Agreed Order has been submitted to the Court before the hearing is scheduled to start. Absent this procedure, the attorneys/parties are required to appear in court for the scheduled date/time.

CRITICAL

Motions for continuance must be set for hearing at least 7 days before the trial date.

Motions for Continuance MUST be set for hearing at least seven (7) days prior to the trial date.

CRITICAL

Continuances require filing a Motion for Continuance at least 5 business days before calendar call; continuance requests will not be entertained at calendar call.

You must seek a continuance by filing a Motion for Continuance at least 5 business days prior to a scheduled Calendar call. Requests to continue will not be entertained at calendar call.

CRITICALCivil cases

Trial continuances require a motion with consent filed timely and heard before the calendar call; a Notice of Unavailability is insufficient.

Notice of Unavailability is not sufficient to continue trials. Appropriate Motion for Continuance with consent must be filed timely and scheduled for Hearing prior to the calendar call on the motion calendar held on Tuesdays and Wednesdays (email the JA at dbonini@jud11.flcourts.org)

CRITICALCriminal cases

Motions for Continuance may be made ore tenus or in writing at the sounding, or, if there is no sounding calendar, at least 5 days prior to trial. Motions for continuance will not be entertained at trial unless exigent circumstances exist. If the continuance is requested on the trial date, please advise opposing counsel in advance.

Motions for Continuance may be made ore tenus or in writing at the sounding, or, if there is no sounding calendar, at least 5 days prior to trial. Motions for continuance will not be entertained at trial unless exigent circumstances exist. If the continuance is requested on the trial date, please advise opposing counsel in advance.

CRITICALCivil cases

ANY AND ALL AGREED ORDERS MAY BE SUBMITTED VIA CourtMAP. (Except Motions for Continuance of Trial which must be set on Motion Calendar within 7 days of being filed)

ANY AND ALL AGREED ORDERS MAY BE SUBMITTED VIA CourtMAP. (Except Motions for Continuance of Trial which must be set on Motion Calendar within 7 days of being filed)

CRITICALCivil cases

Motions to Continue Trial must be set on the five (5) minute Motion Calendar within 10 Days of being filed.

Motions to Continue Trial must be set on the five (5) minute Motion Calendar within 10 Days of being filed.

CRITICAL

Continuances of hearings before the Magistrate require a filed Motion for Continuance to be heard by the Magistrate, and no hearing may be canceled without Magistrate approval (a Notice of Cancellation alone is insufficient).

Motions for Continuance of a hearing scheduled before the Magistrate must be heard by the Magistrate. No hearing will be continued or re-set without the appropriate Motion for Continuance filed first. If one side objects to the continuance, a hearing will be held on the Motion for Continuance. No hearing will be canceled without Magistrate approval. Your filing of a Notice of Cancellation is insufficient.

WARNINGCriminal cases

Motions for continuance may be made orally (ore tenus) or in writing at sounding calendar.

Motions for Continuance may be made ore tenus or in writing at sounding calendar.

WARNING

For a continuance of a special-set hearing, do not wait until the hearing date to act.

MOTIONS TO CONTINUE SPECIAL SET HEARINGS – If you requested a special set hearing date and you need a continuance, please do not wait until the date of the hearing.

WARNING

If a continuance is needed for a specially set hearing, do not wait until the hearing date to seek it.

MOTIONS TO CONTINUE SPECIAL SET HEARINGS – If you requested a special set hearing date and you need a continuance, please do not wait until the date of the hearing.

WARNINGCriminal cases

Counsel must bring deposition or discovery non-compliance to the Court's attention, and the Court may deny continuances 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 has not filed Motions to Compel.

WARNING

An attorney seeking a continuance must file a motion for continuance.

The attorney who wants a continuance must move for a continuance.

WARNING

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.

WARNING

Hearings must be cancelled at least two business days in advance, otherwise the parties must appear in court.

**CANCELLATION OF HEARINGS:** Hearings must be cancelled no less than two (2) business days in advance of the hearing or the parties must come to court.

WARNING

Motions for extension of time must be filed before the deadline and placed on calendar promptly; filing does not automatically extend time and the motion must be set for hearing.

**MOTIONS FOR EXTENSION OF TIME:** Motions for Extension of Time must be filed before the time expires and must be placed on calendar promptly. The filing of a Motion for Extension of Time in and of itself does not extend time, it must be set for hearing.

WARNING

Counsel must bring deposition/discovery noncompliance to the Court's attention, and the Court may deny a continuance if counsel has not filed a Motion to Compel in those circumstances.

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, in its discretion, deny a continuance in these circumstances, if counsel has not filed a Motion to Compel.

WARNING

The presiding magistrate or hearing officer may grant a continuance for good cause shown.

The presiding magistrate/hearing officer may grant a continuance for a hearing for good cause shown.

WARNINGCivil cases

A party needing a continuance of the final injunction hearing (e.g., to hire counsel or prepare witnesses and evidence) must inform the court when the case is called.

If you need additional time to hire an attorney or need additional time to have your witnesses and evidence ready, please inform the court upon your case being called.

WARNINGCriminal cases

If counsel is unavailable, set the motion for continuance before the trial calendar.

If Counsel is unavailable, please set the Motion for Continuance prior to the trial calendar.

WARNINGCriminal cases

Absent good cause, failure to meet the pretrial-motion filing deadlines is sufficient basis to charge a continuance to the requesting party.

Failure to do so, absent good cause, is sufficient basis for the Court to charge a continuance to the requesting party.

WARNINGCriminal cases

For a continuance request, reasonable efforts should be made to avoid unnecessary inconvenience by alerting the other side.

All reasonable efforts should be made to avoid unnecessary inconvenience to witnesses and defendants by contacting the other side to alert them of any such request.

WARNINGCriminal cases

Motions for continuance should be made as soon as possible.

CONTINUANCES: Motions for Continuance should be made as soon as possible.

WARNING

A party needing additional time to hire an attorney or prepare witnesses and evidence must inform the court when the case is called.

If you need additional time to hire an attorney or need additional time to have your witnesses and evidence ready, please inform the court upon your case being called.

WARNINGCivil cases

The lapse of the 12/24-month letters of administration period to close the estate is not good cause for an extension.

"The letters of administration grant 12/24 months to close the estate” is NOT good cause.

WARNING

Motions for continuance of hearings scheduled before the Magistrate must be heard by the Magistrate.

Motions for Continuance of a hearing scheduled before the Magistrate must be heard by the Magistrate.

WARNING

The presiding magistrate or hearing officer may grant a continuance when good cause is shown.

The presiding magistrate/hearing officer may grant a continuance for a hearing for good cause shown.

WARNING

Continuance motions may be made ore tenus at Sounding or calendared before Sounding; those filed after Sounding are addressed the day of trial, except for special set trials where the Court will set the motion between Sounding and trial.

Motion for Continuance may be made ore tenus at Sounding or may be placed on calendar prior to Sounding. Motions for continuances filed after Sounding will be addressed the day of Trial. The only exception is for special set trials. The Court will set a motion for continuance after the Sounding and before the trial date if the trial has been special set.

WARNINGCivil cases

Motions for continuance may not be submitted through the emergency motion process because they are expressly not emergencies.

PLEASE NOTE that Motions for Continuance are NOT an emergency.

WARNING

Bi-monthly interim case management conferences may be cancelled by uploading an agreed order of cancellation with correspondence confirming both sides agree the case is on track, there are no pending motions, and nothing needs to be brought to the judge's attention.

Interim case management conferences will be set by court order bi-monthly but can be cancelled by an agreed order as follows: Parties should upload an agreed order of cancellation and correspondence that both sides agree that the case is on track, there are no pending motions and there is nothing any side needs to bring to the judge's attention.

WARNINGCivil cases

To cancel a Motion Calendar hearing, file the Notice of Cancellation with the Clerk and cancel the court event on courtMAP; no call to Chambers is needed.

Cancellations: Counsel for the moving party shall file the Notice of Cancellation with the Clerk of Court and proceed to cancel the court event on courtMAP. You do not need to call Chambers to cancel Motion Calendar hearings.

WARNING

The party who added a motion to the motion calendar must e-file a notice of cancellation and remove the motion from the CourtMap motion calendar.

The party that added the motion to the motion calendar must e-file a notice of cancelation and must take off the motion calendar in courtmap.

WARNING

A special set hearing can only be cancelled by filing a withdrawal of the motion or submitting an agreed order.

In order to cancel a Special set hearing you must file a withdrawal of the motion being heard or submit an agreed order.

WARNINGCriminal cases

If a hearing reset is needed, both JAC and chambers must be notified days in advance so new dates can be provided to all parties.

If a reset is needed for the hearing, notify both JAC and chambers days in advance so new dates can be provided to all parties.

WARNING

A motion for continuance may be made orally at Sounding.

Motions for Continuance may be made ore tenus at Sounding.

WARNINGCriminal cases

Counsel must bring deposition non-appearance or discovery non-compliance to the Court's attention, and the Court may deny continuances where counsel has not filed Motions to Compel in those circumstances.

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 has not filed Motions to Compel.

WARNING

Motions for continuance in cases set for jury trial will be heard at Calendar Call.

*Motions for Continuance will be heard at Calendar Call for cases set for Jury Trial*

WARNING

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.

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 has not filed Motions to Compel.

WARNING

If a Motion for Continuance is filed, pleas

If a Motion for Continuance is filed, pleas

WARNINGCriminal cases

If an attorney-fee hearing needs to be reset, notify JAC and chambers in advance so new dates can be provided to all parties.

If a reset is needed for the hearing, notify both JAC and chambers days in advance so new dates can be provided to all parties.

WARNINGCriminal cases

Continuance motions should be made as soon as possible, the other side should be alerted of any such request, and if counsel is unavailable the motion should be set prior to the trial calendar.

Motions for Continuance should be made as soon as possible. All reasonable efforts should be made to avoid unnecessary inconvenience to witnesses and defendants by contacting the other side to alert them of any such request. If Counsel is unavailable, please set the Motion for Continuance prior to the trial calendar.