Eleventh Judicial Circuit of Florida, Miami-Dade County Document Filing Requirements

CRITICAL

Applies to

Special set hearing request

Special set hearing requests must include the completed request form plus the motion and all supporting documents via CourtMAP, or the request will be rejected.

To Schedule a Hearing: You must submit the completed Special Set Hearing Request Form and the motion(s), exhibits, affidavits, transcripts, legal authority, etc., via courtMAP. If one or more supporting documents are missing, your special set request will be rejected.

CRITICAL

Applies to

Proposed order

Proposed orders must be titled in the CourtMAP title block (renaming the 'Generic Order' placeholder), with the title typed in the CourtMAP title box rather than in the body of the order.

All proposed Orders MUST be titled in the block marked "Generic Order-You must rename the Order Title" When submitting your proposed/agreed order, the title of the order must be typed in the title box provided by courtMAP, NOT in the body of the proposed/agreed order.

CRITICAL

Applies to

Proposed order

All proposed orders must be in Word format on the CourtMAP pre-generated blank Order form and must be accompanied by a motion and supporting documents or a letter of explanation.

ALL proposed Orders MUST be submitted in WORD format on the CourtMAP pre-generated blank Order form and must be accompanied with a motion and supporting documents or a letter of explanation.

CRITICAL

Applies to

Motion for default

Default motions must be submitted with proof of service, affidavit of diligent search, proof of publication (where applicable), and non-military affidavit(s), with one motion per defendant.

Motions for default must be submitted with proof of service, affidavit of diligent search and proof of publication (where service is by publication) and non-military affidavit(s). One motion per defendant.

CRITICAL

Applies to

Notice of cancellation

Only the Court can cancel a special set hearing; the party must upload a proposed NOC stating the reason as a separate CourtMAP submission, immediately notify chambers, and file the NOC with the Clerk if the hearing is canceled.

Only the Court can cancel a special set hearing. Prepare the proposed Notice of Cancellation (NOC), specifying the reason for the cancellation, and upload it as a separate submission to the courtMAP hearing event; and immediately contact chambers to advise that the proposed NOC has been uploaded. The Court will review the proposed NOC, and, if good cause is shown, will cancel the special set hearing. If the hearing is canceled, the NOC must be filed with the Clerk's office.

CRITICAL

Applies to

Notice of readiness

A copy of the filed notice of readiness must be submitted (under supporting documents) for the matter to be set for trial.

Submit a copy of the filed notice of readiness (under supporting documents) in order for the matter to be set for trial.

CRITICAL

Applies to

Notice of hearing

Even after CourtMAP scheduling, parties must still prepare, file, and serve a Notice of Hearing.

You must still prepare, file and serve a Notice of Hearing.

CRITICAL

Applies to

Special set request

To request a special set hearing, the moving party must coordinate the date/time with opposing counsel based on Court availability and submit the filed motion plus the Request for Special Set form via CourtMAP, without a notice of hearing.

The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability (found on courtMAP) and shall submit a copy of the filed motion along with the Court's Request for Special Set form via courtMAP when selecting the proposed hearing date for the Court's approval (a notice of hearing SHOULD NOT accompany the submission).

CRITICALCriminal cases

Applies to

Non evidentiary hearing request email

Must include

proposed order

Non-evidentiary hearing request emails must copy opposing counsel and attach the motion and a proposed order.

Please copy opposing counsel on the email and attach the Motion and a proposed Order, in Microsoft Word format.

CRITICAL

Applies to

Hearing request email

Must include

proposed order

The e-mail should also include the motion seeking to be heard and a proposed Order, in Microsoft Word format.

The e-mail should also include the motion seeking to be heard and a proposed Order, in Microsoft Word format.

CRITICALCriminal cases

Applies to

Motion

Any case law a party relies on for a motion must be cited in the motion and/or in the response.

If a party has case law they are relying on for the motion, the case law must be cited in the motion and/or in the response.

CRITICALCriminal cases

Applies to

Evidentiary hearing request email

Evidentiary hearing request emails must include three potential hearing dates, the defendant's custody status, witness count, and requested time reservation.

Please also include the following information on the request: 1. three potential hearing dates, 2. whether the defendant is in custody, 3. how many witnesses will be called, and 4. how much time you are requesting the court to reserve for the motion.

CRITICALCriminal cases

Applies to

Motion for return of property

Motions for return of property must be in writing, and the moving party must give the agency holding the property notice of the hearing date.

Motions for Return of Property must be in writing and the moving party must provide the agency holding the property with notice of the hearing date.

CRITICALCriminal cases

Applies to

Plea in abstentia affidavit

Counsel accepting a plea in abstentia must ensure an affidavit is in the court file authorizing counsel to accept the plea and addressing all Rule 3.172 subsections.

If counsel is accepting a plea in abstentia, there must be an affidavit in the court file authorizing counsel to accept the plea on behalf of the defendant. The affidavit must also address all subsections found in Rule 3.172 of the Florida Rules of Criminal Procedure.

CRITICAL

Applies to

Hearing request email

Must include

proposed order

The e-mail should also include the motion seeking to be heard and a proposed Order, in Microsoft Word format.

The e-mail should also include the motion seeking to be heard and a proposed Order, in Microsoft Word format.

CRITICAL

Applies to

Hearing request email

Must include

proposed order

The e-mail should also include the motion seeking to be heard and a proposed Order, in Microsoft Word format.

The e-mail should also include the motion seeking to be heard and a proposed Order, in Microsoft Word format.

CRITICALCriminal cases

Applies to

Motion to compel

Must include

certificate of conference

Motions to compel discovery shall be in writing and will be heard at sounding calendar. A written motion to compel shall include: 1. The discovery sought with specificity. 2. The date upon which the discovery was propounded and due. 3. The dates the moving party has conferred, or attempted to confer, with the party failing to provide the discovery sought. 4. Any reasons, responses and/or failures to respond by the party failing to provide the discovery. 5. The moving party shall also certify that counsel has attempted in good faith to resolve the issues with opposing counsel on a minimum of two occasions, prior to the motion to compel being filed, and has been unable to reach a resolution. 6. Finally, the motion should also describe a movant's independent efforts (if any) to obtain the discovery sought prior to seeking court action.

Motions to compel discovery shall be in writing and will be heard at sounding calendar. A written motion to compel shall include: 1. The discovery sought with specificity. 2. The date upon which the discovery was propounded and due. 3. The dates the moving party has conferred, or attempted to confer, with the party failing to provide the discovery sought. 4. Any reasons, responses and/or failures to respond by the party failing to provide the discovery. 5. The moving party shall also certify that counsel has attempted in good faith to resolve the issues with opposing counsel on a minimum of two occasions, prior to the motion to compel being filed, and has been unable to reach a resolution. 6. Finally, the motion should also describe a movant's independent efforts (if any) to obtain the discovery sought prior to seeking court action.

CRITICAL

Applies to

Motion to modify or terminate probation

Motions to modify or terminate probation/community control must include the positions of the PO, State Attorney, and victim if applicable, plus the A-form and criminal history if there is opposition.

Modify or Terminate Probation/Community Control: Include positions of the PO, State Attorney, and (if applicable) the victim. Attach the A-form and criminal history if there is opposition.

CRITICAL

Applies to

Waiver form

When a defendant waives time served, defense counsel must submit a waiver form signed by the defendant.

If the defendant is waiving time served, Defense Counsel must complete and submit a waiver form, signed by the defendant.

CRITICAL

Applies to

Bond motion

Bond motions (increase/reduce) must be filed with the Clerk and emailed or hand-delivered to chambers with the A-form, criminal history, and relevant documentation.

Bond Motions (Increase/Reduce): File with Clerk and email or hand-deliver a copy to chambers. Include the A-form, criminal history, and any relevant documentation.

CRITICAL

Applies to

Agreed motion

Agreed motions must be submitted with a signed motion or written confirmation of agreement.

Agreed Motions: Submit with signed motion or written confirmation of agreement.

CRITICAL

Applies to

Motion

To place a motion on calendar, email a copy to chambers, file the original with the Clerk's Office, and copy the opposing party on all communications.

Placing Motions on Calendar Email a copy of the motion to chambers. Janet Samper will reply with the scheduled date. File the original motion with the Clerk’s Office. Ensure the opposing party is copied on all communications.

CRITICAL

Applies to

Jac motion

Must include

proposed order

JAC motions must be emailed to chambers with supporting documents, JAC's response, and a proposed order; the Court may rule without a hearing.

JAC Motions: Email the Motion to chambers with supporting documents, JAC’s response, and a proposed order. If no hearing is requested, the Court may rule based on the submission.

CRITICALCriminal cases

Applies to

Trial readiness certification

Counsel must certify the case is ready for trial by confirming enumerated statements, including that all pre-trial motions have been filed and ruled on except short motions in limine.

I HEREBY CERTIFY that this case is ready for trial today, which means that (confirm each statement that is true): … All pre-trial motions have been filed and ruled on, except for motions in limine which will take less than 5 mins each.

CRITICAL

Applies to

Notice of lack of prosecution

Parties must appear at FWOP hearings regardless of filings unless the case is fully resolved or a Court Order excuses appearance.

Notice of Lack of Prosecution & Order to Appear (FWOP): Absent a resolution of the case in its entirety or a Court Order, parties are required to appear regardless of filings.

CRITICAL

Applies to

Proposed order

Do not submit proposed orders on matters that are contested or already set for hearing.

*Do not submit proposed orders on matters that are contested and/or already set for hearing.

CRITICAL

Applies to

Proposed order

Supporting documents such as motions, affidavits, and cover letters must always accompany a proposed order.

*Supporting documents (i.e.: motions, affidavits, cover letters, etc.) must always be submitted in support of a proposed order.

CRITICAL

Applies to

Ex parte motion to compel

Must include

certificate of conference

Ex-parte motions to compel must contain a certification of good faith effort required by Rule 1.380(a)(2).

**Ex-Parte Motions to Compel: must contain certification of “good faith effort” required by Rule 1.380(a)(2).

CRITICAL

Applies to

Foreclosure motion hearing

2. The Court’s foreclosure motion calendars take place every Tuesday (at 9:00 a.m.). You must set your hearing on a foreclosure motion calendar and notify the other parties (including non-party buyers) in your case.

2. The Court’s foreclosure motion calendars take place every Tuesday (at 9:00 a.m.). You must set your hearing on a foreclosure motion calendar and notify the other parties (including non-party buyers) in your case.

CRITICAL

Applies to

Emergency motion

Must include

local rule certificate

Emergency motions must contain a certification that the matter is a true emergency and cannot wait for a motion calendar.

1. Your motion must contain a certification that the matter is a true Emergency and cannot wait to be heard during a motion calendar.

CRITICAL

Applies to

Order on stipulation for substitution of counsel

Orders on stipulations for substitution of counsel must include the client's written consent and the new attorney's name and bar number in the body of the proposed order.

**If you are submitting an order on a Stipulation for Substitution of Counsel, you must submit the written consent of the client. Additionally, the name and bar number of the “new” attorney must be included within the body of the proposed order.

CRITICAL

Applies to

Motion to cancel foreclosure sale

If a motion to cancel a foreclosure sale is based on a submitted loan modification package, the motion must state submission and review status and attach the package without exhibits.

F) If the basis of your requested cancellation is that a loan modification package has been submitted, your motion must indicate (a) the date that the loan modification package was submitted to the Plaintiff, (b) whether or not the Plaintiff has completed reviewing the loan modification package and (c) a copy of the loan modification package (without exhibits) must be attached to the motion.

CRITICAL

Applies to

Motion to cancel foreclosure sale

If a motion to cancel a foreclosure sale is based on a trial payment plan, the motion must state TPP dates and payment details and attach a copy of the TPP.

E) If the basis of your requested cancellation is the existence of a trial payment plan (“TPP”), your motion must indicate the (a) date of the TPP, (b) the number of payments required under the TPP, (c) the number of payments made under the TPP, (d) the date of the last payment due, and (e) a copy of the TPP ­must be attached to the motion.

CRITICAL

Applies to

Proposed order

Proposed orders submitted after a hearing must include a cover letter with the hearing details and the Court's oral ruling.

*If you are submitting a proposed order after a hearing, you must submit a cover letter that includes the hearing details and the Court's oral ruling.

CRITICAL

Applies to

Proposed order

The title of a proposed/agreed order must be typed in the courtMAP title box, not within the body of the order.

*When submitting a proposed/agreed order, the title of the order must be typed in the title box provided by courtMAP, NOT within the body of the proposed/agreed order.

CRITICAL

Applies to

Case management report and order

A Case Management Report and Order must not be submitted in seven enumerated circumstances (existing CMO, set for trial, inactive status, moratoria, F.S. 51.011, FWOP notice unless attached to good cause showing, or uncontested cases).

B. DO NOT submit a Case Management Report and Order if: 1. There is already an EXISTING CASE MANAGEMENT ORDER setting forth all pretrial deadlines. 2. Your case is already set for trial. 3. Your case is currently on inactive status by court order. 4. Your case is subject to current moratoria. 5. Your case is subject to F.S. 51.011. 6. If your case has been Noticed for Lack of Prosecution Hearing (FWOP) unless it is being attached to your WRITTEN GOOD CAUSE SHOWING. 7. Your case is uncontested.

CRITICAL

Applies to

Motion to cancel foreclosure sale

If a motion to cancel a foreclosure sale is based on a pending short sale, the motion must state contract status and dates and attach a copy of the short sale contract.

G) If the basis of your requested cancellation is a pending short sale, your motion must indicate (a) whether or not a short sale contract has been signed by the owner and a 3rd party, (b) the date the executed short sale contract was submitted to the Plaintiff, (c) whether or not the Plaintiff has accepted/approved the short sale contract, and (d) a copy of the short sale contract must be attached to the motion.

CRITICAL

Applies to

Motion to cancel foreclosure sale

A motion to cancel a foreclosure sale must contain the final judgment date, whether it was contested, prior cancellation history with reasons, and the specific reason for the current cancellation.

1. Please file a written motion that contains the following: A) The date when the Final Judgment was entered. B) Whether the Final Judgment was contested or uncontested. C) The number of times prior sale dates have been cancelled, including the reasons why each sale date was cancelled. D) The specific reason you are seeking the current cancellation.

CRITICAL

Applies to

Order of dismissal

Orders of dismissal must specify whether dismissal applies to an individual defendant or all defendants, or the Court may dismiss the entire case.

**When submitting an Order of Dismissal, specify whether the Dismissal applies to an individual Defendant or all Defendants. Failure to do so may cause the Court to enter an Order Dismissing the entire case.

CRITICAL

Applies to

Case management order

A Case Management Order adopting a case management plan must include the filed case management plan as a supporting document.

*If you are submitting a Case Management Order which adopts a case management plan, you must submit the filed case management plan as a supporting document.

CRITICAL

Applies to

Notice of trial readiness

When selecting a calendar call or foreclosure trial date, parties must submit a copy of the e-filed notice of trial readiness under the supporting documents tab.

*When selecting the calendar call or foreclosure trial date, submit a copy of the e-filed notice of trial readiness (a.k.a. notice for trial, etc.) under the supporting documents tab.

CRITICAL

Applies to

Emergency motion

Must include

certificate of conference

Emergency motions must be uploaded to courtMAP once e-filed and must contain a statement that opposing counsel was notified in an attempt to resolve the matter amicably.

**Emergency Motions must be uploaded to courtMAP once e-filed and must contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.**

CRITICAL

Applies to

Original notes

Original notes must not be delivered before the foreclosure hearing; delivery instructions are provided after the hearing concludes.

7. Instructions to deliver original notes will be provided after the conclusion of the foreclosure hearing. DO NOT DELIVER ORIGINAL NOTES BEFORE THE HEARING.

CRITICAL

Applies to

Original notes

Original loan documents must not be delivered in advance of a hearing or trial unless instructed by the Court; if instructed, deliver only to chambers room 1017, not the clerk's office.

Submission of Original Notes: Please do not deliver original loan documents in advance of a hearing or trial unless you are instructed to do so by the Court. Original notes are to be delivered to chambers only room 1017. Do not deliver original notes to the clerks office.