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

Applies to

Plea in absentia affidavit

A plea in abstentia requires an affidavit in the court file authorizing counsel to accept the plea, and the affidavit must address all subsections of Rule 3.172 of the Florida Rules of Criminal Procedure.

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.

Applies to

Non evidentiary hearing request

Must include

proposed order

Non-evidentiary hearing request emails must 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.

Applies to

Evidentiary hearing request

Evidentiary hearing requests must include three potential hearing dates, the defendant's custody status, the number of witnesses, and the amount of time requested.

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.

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.

Applies to

Motion to compel

Must include

certificate of conference

Written motions to compel (heard at sounding calendar) must specify the discovery sought, the propounded/due dates, conference attempts, the opposing party's responses or failures to respond, certify at least two good-faith resolution attempts before filing, and describe any independent efforts to obtain the discovery.

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.

Applies to

Motion for return of property

Motions for return of property must be in writing.

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.

Applies to

Jac motion

Must include

proposed order

JAC motions 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.

Applies to

Motion to increase or reduce bond

Bond increase/reduction motions must, at a minimum, attach the A-form and the defendant's prior criminal history, along with 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.

Applies to

Motion for early termination of probation

Judge Miranda 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.

Applies to

Motion to modify or terminate probation

Motions to modify or terminate probation/community control should 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.

Applies to

Motion to modify or terminate probation

If there is an objection to a motion to modify or terminate probation, the motion must include 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.

Applies to

Motion to declare defendant indigent

Must include

proposed order

JAC motions to declare a defendant indigent for costs must be submitted to chambers with supporting documentation, JAC's response, and a proposed order.

JAC MOTIONS: Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to chambers.

Applies to

Motion to seal expunge

Must include

proposed order

Motions to seal/expunge must include the petition, affidavit, FDLE Certificate of Eligibility, and a proposed order pursuant to Rule 3.692.

(include petition, affidavit, FDLE Certificate of Eligibility, and proposed order pursuant to Rule 3.692, F. R. Crim. P.)

Applies to

Motion to modify or terminate probation

Motions to modify or terminate probation or community control must include the positions of the Probation Officer, the Assistant State Attorney, and, if applicable, the victim.

A Motion to Modify or Terminate should include the Probation Officer's, the Assistant State Attorney's, and – if applicable – the victim's position on the motion.

Applies to

Motion to modify or terminate probation

If there is an objection 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.

Applies to

Motion

Must include

certificate of conference

Every motion must include a certification of meet-and-confer efforts describing the efforts (attorney names, dates, and method) and the results achieved, including any consensus on the amount of hearing time.

Every motion must contain a certification of the efforts to meet and confer, which shall include: A description of all efforts at a "meet and confer" including names of movant and respondent attorneys, dates and method (email, telephone, live meeting) requesting a meet and confer; and names of participating attorneys; and Results achieved, including consensus as to amount of time required for hearing, if granted.

Applies to

Motion

Domestic violence cases, cases with stay-away orders, and any case where meet and confer would violate a court order are exempt from the meet-and-confer requirement, but motions in those cases must still state the exemption as the reason for non-compliance.

DOMESTIC VIOLENCE CASES AND CASES IN WHICH A STAY AWAY ORDER HAS BEEN ENTERED, AS WELL AS ANY OTHER CASE IN WHICH A MEET AND CONFER WOULD BE IN VIOLATION OF A COURT ORDER, IS EXEMPTED FROM THE MEET AND CONFER REQUIREMENT BUT STILL MUST STATE THIS AS A REASON FOR NON-COMPLIANCE WITH THE MEET AND CONFER REQUIREMENT.

Applies to

Motion to vacate or unseal

A nonparty request to vacate a confidentiality order or unseal records must be made by written motion filed in that court.

must be made by a written motion filed in that court

Applies to

Court filing with confidential information

Any filing containing confidential information must be accompanied by a Notice of Confidential Information within Court Filing filed with the Clerk at the time of filing.

Any person filing any document containing confidential information shall at the time of filing, file with the Clerk a “Notice of Confidential Information within Court Filing.”

Applies to

Motion to determine confidentiality of court records

The Motion to Determine Confidentiality must identify the specific records at issue without revealing the confidential information and specify the bases for confidentiality.

The Motion to Determine Confidentiality of Court Records must: (1) identify the particular court records or a portion of a record that the movant seeks to have determined as confidential with as much specificity as possible without revealing the information subject to the confidentiality determination; (2) specify the bases for determining that such court records are confidential;

Applies to

Motion to determine confidentiality of court records

Must include

local rule certificate

The Motion to Determine Confidentiality must include a signed certification that the motion is made in good faith and supported by a sound factual and legal basis.

must include a signed certification by the party or the attorney for the party making the request that the motion is made in good faith and is supported by a sound factual and legal basis.

Applies to

Order granting motion to determine confidentiality

An order granting a motion to determine confidentiality must identify the Rule 2.420(c) grounds, whether any party's name is confidential and any substitute pseudonym, whether the progress docket is confidential, the specific confidential information, and the persons permitted to view it.

(2) the particular grounds under Rule 2.420(c) of the Florida Rules of Judicial Administration for determining the information to be confidential; (3) whether any party's name is determined to be confidential and, if so, the particular pseudonym or other term to be substituted for the party's name; (4) whether the progress docket or similar records generated to document activity in the case are determined to be confidential; (5) the particular information that is determined to be confidential; (6) identification of persons who are permitted to view the confidential information;

Applies to

Order granting motion to determine confidentiality

The order must include findings that the confidentiality ordered is no broader than necessary, that no less restrictive measures are available, and that the clerk is directed to publish the order under Rule 2.420(e)(4).

(7) that the court finds that: (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in Rule 2.420(c) of the Florida Rules of Judicial Administration; (ii) no less restrictive measures are available to protect the interests set forth in Rule 2.420(c) of the Florida Rules of Judicial Administration; (iii) the clerk of the court is directed to publish the order in accordance with Rule 2.420(e)(4) of the Florida Rules of Judicial Administration.

Applies to

Nonparty motion to vacate confidentiality order

A nonparty request to vacate a confidentiality order or unseal records must be made by written motion filed in that court stating the bases with specificity and setting forth the specific legal authority and applicable legal standards.

The request: (a) must be made by a written motion filed in that court; (b) must state with as much specificity as possible the bases of the request; and (c) must set forth the specific legal authority and any applicable legal standards supporting the request.

Applies to

Nonparty motion to vacate confidentiality order

If party names or addresses are confidential under the subject order, the motion caption must prominently state "Confidential Party-Court Service Requested."

If the subject order determines that the names or addresses of one or more parties are confidential, the movant must state prominently in the caption of the motion "Confidential Party-Court Service Requested."

Applies to

Hearing record

The movant must ensure a complete record of the hearing is created, either by a court reporter or by a court-provided recording device.

The movant shall be responsible for ensuring that a complete record of any hearing held pursuant to this subdivision be created, either by use of a court reporter or by any recording device that is provided as a matter of right by the court.

Applies to

Motion to determine confidentiality

Must include

caption

A written motion captioned 'Motion to Determine Confidentiality of Court Records' may be filed to determine whether records involving plea agreements, substantial assistance agreements, confidential informants, or active criminal investigative information are confidential.

In accordance with Rule 2.420(f)(3), a written motion captioned "Motion to Determine Confidentiality of Court Records" may be made to determine whether a court record that pertains to a plea agreement, substantial assistance agreement, or other court record that reveals the identity of a confidential informant or active criminal investigative information is confidential:

Applies to

Motion to determine confidentiality appellate records

A motion to determine confidentiality of appellate court records in noncriminal cases must be filed in the appellate court and comply with Rule 2.420(e)(1).

A motion to determine the confidentiality of appellate court records in noncriminal cases under Rule 2.420(c) must be filed in the appellate court and must be in compliance with the guidelines set forth in Rule 2.420(e)(1) of the Florida Rules of Judicial Administration.

Applies to

Motion to vacate or unseal

The motion to vacate or unseal must state, with as much specificity as possible, the bases of the request.

must state with as much specificity as possible the bases of the request

Applies to

Motion to vacate or unseal

The motion to vacate or unseal must set forth the specific legal authority and any applicable legal standards supporting the request.

must set forth the specific legal authority and any applicable legal standards supporting the request

Applies to

Order granting denying motion to determine confidentiality

A form Order Granting/Denying Motion to Determine Confidentiality of Court Records (Attachment B) accompanies the Administrative Order for use in such proceedings.

9. A form "Order Granting/Denying Motion to Determine Confidentiality of Court Records" accompanies this Administrative Order. See Attachment "B."

Applies to

Request for access to records

Requests for access to records must be in writing, directed to the custodian, and sufficiently specific for the custodian to identify the requested records.

Request for access to records shall: (1) be in writing; (2) be directed to the custodian; and (3) provide sufficient specificity to enable the custodian to identify the requested records.

Applies to

Notice of entry of order authorizing sealing

A form Notice of Entry of Order Authorizing Sealing (Attachment C) accompanies the Administrative Order for use when a sealing order is entered.

10. A form "Notice of Entry of Order Authorizing Sealing" accompanies this Administrative Order. See Attachment "C."

Applies to

Notice of confidential information

At the time of filing, the filer must submit a Notice of Confidential Information indicating whether the filing contains confidential information, identifying the applicable confidentiality provision, and identifying the precise location of the confidential information within the document.

Pursuant to Florida Rule of Judicial Administration 2.420(d)(2), the filer of a court record at the time of filing shall indicate whether any confidential information is included within the document being filed; identify the confidentiality provision that applies to the identified information; and identify the precise location of the confidential information within the document being filed.

Applies to

Notice of confidential information

Must include

certificate of service

The Notice of Confidential Information must include a certificate of service stating that a copy was furnished by U.S. mail or personal service, with the date and the attorney's signature block (name, address, phone, Florida Bar No.).

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was furnished by U.S. mail/ personal service to: __________, on __________, 20 ___. ___________________________________________ Attorney Address Phone Florida Bar No.

Applies to

Jac indigency motion

Must include

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 concerns.

Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers. If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents. If JAC requests a hearing, or if Judge Stuzin has concerns after reviewing the Motion and supporting documentation, the JA will set the Motion on calendar for hearing.

Applies to

Motion to modify or terminate probation

A motion to modify or terminate probation must include the probation officer(s)', the State Attorney's and, if applicable, the victim's position.

A party requesting to modify or terminate probation shall file a Motion to Modify or Terminate. You must include the Probation Officer(s), the State Attorney and - if applicable- the victim's position in the motion.

Applies to

Request for special set hearing

Must include

certificate of service

The filing party must certify that a copy of the motion(s) has been received by opposing counsel or party.

____ I certify that a copy of this Motion(s) has been received by the opposing Counsel or Party.

Applies to

Request for special set hearing

Must include

certificate of conference

The filing party must certify either a good-faith conferral with the opposing counsel or pro se party to attempt resolution and set hearing time, or state the circumstances preventing conferral.

_____ I have conferred with the opposing Counsel or Pro Se party in a good faith effort to resolve the matter (s) without a hearing and to determine the amount of time requested for the hearing OR _____ I have been unable to confer with opposing counsel or pro se party because (state circumstances):______

Applies to

Request for special set hearing

Must include

local rule certificate

Filer must certify that they have read and followed the division's website instructions before submitting the special set hearing request.

Prior to submitting this request, I have read and followed the instructions on the division's website.

Applies to

Request for special set hearing

Must include

certificate of conference

Hearing request must include a certificate of good-faith conferral with the opposing party to resolve the matter and set hearing time, or an explanation of why conferral could not occur.

_____ I have conferred with the opposing Counsel or Pro Se party in a good faith effort to resolve the matter (s) without a hearing and to determine the amount of time requested for the hearing OR _____ I have been unable to confer with opposing counsel or pro se party because (state circumstances)

Applies to

Request for special set hearing

Must include

certificate of conference

Filer must contact all other sides before submitting the hearing request package so the court can confirm the issue is contested and allocate appropriate hearing time.

IMPORTANT NOTE: You must contact the other side prior to requesting a hearing so that we may assure the issue is in fact contested and that the appropriate amount of time is being set aside. Please contact all sides and only then submit your package.

Applies to

Motion to declare defendant indigent for costs

Must include

proposed order

JAC indigency motions must be submitted to Chambers with supporting documentation, JAC's response, and a proposed order; the Court may rule without a hearing unless JAC requests one or the Judge has concerns.

JAC MOTIONS: Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers. If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents. If JAC requests a hearing, or if Judge Delancy has concerns after reviewing the Motion and supporting documentation, the judicial assistant will set the Motion on calendar for hearing.

Applies to

Waiver of credit for time served form

When a defendant waives any amount of credit for time served, Defense Counsel must complete a waiver form (available from the Clerk) and obtain the defendant's signature.

If the defendant is waiving any amount of credit for time served, Defense Counsel must fill out a waiver form (available from the Clerk) and have the defendant sign it.

Applies to

Jac motion

Must include

proposed order

JAC indigency motions must be submitted to Chambers with supporting documentation, JAC's response, and a proposed order, and the court may enter the order without a hearing unless JAC requests one or the judge has questions.

JAC MOTIONS: Submit the Motion to have the Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers. If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents. If JAC requests a hearing, or if Judge de la O has questions after reviewing the Motion and supporting documentation, the judicial assistant will set the Motion on calendar for hearing.

Applies to

Credit for time served waiver form

When a defendant waives any credit for time served, Defense Counsel must complete the waiver form obtained from the Clerk and have the defendant sign it.

If the defendant is waiving any amount of credit for time served, Defense Counsel must fill out a waiver form (available from the Clerk) and have the defendant sign it.

Applies to

Notice of hearing

Hearings are calendared via courtMAP with the filed motion and all supporting documents attached, and a Notice of Hearing must still be prepared, filed, and served.

In order to make calendar, select an available date on courtMAP. The filed motion(s) and all documents in support must be attached when the hearing is scheduled. Once a green “Success” message appears, the hearing is properly calendared. However, you must still prepare, file and serve a Notice of Hearing.

Applies to

Motion to use communication technology

Evidentiary hearings are in-person; a Zoom appearance requires written consent of all parties or leave of court via a written good-cause motion noticed for a 15-minute hearing before the evidentiary hearing.

All evidentiary hearings shall take place in-person. In the event, all parties agree to conduct their hearing via Zoom, the parties must all consent to such in writing. In the event all parties do not consent to use communication technology for an evidentiary hearing, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.530(b)(2), and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the evidentiary hearing.

Applies to

Motion

Must include

certificate of conference

A certificate of conferral substantially in the Rule 1.202(b) form must be filed with the motion and may be set forth directly above the signature block.

Pursuant to Fla. R. Civ. P. 1.202(b), the movant must file with the motion a “certificate of conferral, prior to filing the motion,” substantially in the form provided in quotation marks within Rule 1.202(b). The Court will accept a certificate of conferral substantially in the form provided within Rule 1.202(b) set forth directly above the signature block of the motion.

Applies to

Notice of hearing

Must include

certificate of conference

A Certificate of Conferral Prior to Scheduling the Motion for Hearing must be filed with the Notice of Hearing certifying whether the meet-and-confer occurred, the date, the participating attorneys, and the results obtained, using the Court's accepted template form.

Counsel must file with the Notice of Hearing a "Certificate of Conferral Prior to Scheduling the Motion for Hearing" certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained. The Court will accept a certificate of conferral substantially in the form provided in, either First Option or Second Option, attached to these "Policies and Procedures" set forth directly above the signature block of the Notice of Hearing for the motion.

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions must include a certification of a good faith attempt to resolve the matter without court action under Fla. R. Civ. P. 1.380(a)(2).

All such discovery motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action. See Fla. R. Civ. P. 1.380(a)(2) and the "Meet and Confer Requirement" (See Sections II. J. and K.) supra for motion hearings.

Applies to

Non physical examination request

Must include

proposed order

Non-physical condition examinations under Rule 1.360(a)(1)(B) require a court order or a written agreement of all parties submitted as an agreed order.

Examinations sought under Fla. R. Civ. P 1.360(a)(l)(B) [non-physical condition] must be obtained with an order from this Court, or with a written agreement of all parties in the form of an agreed order submitted to this Court.

Applies to

Notice of settlement

The Notice of Settlement must state that the parties have settled and whether the case will be dismissed with or without prejudice.

The Notice of Settlement must indicate that the parties have settled the case and indicate whether the case will be dismissed with or without prejudice.

Applies to

Notice of settlement

Counsel must notify the Court of all pending hearings that will be canceled as a result of the settlement.

Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement.

Applies to

Notice of settlement

Must include

proposed order

Upon settlement, the parties must promptly submit a proposed order of dismissal along with the Notice of Settlement.

In the event of settlement, along with the Notice of Settlement, the parties are also to promptly submit a proposed order of dismissal.

Applies to

Motion for approval of minor settlement

A motion for approval of a minor's settlement must include the gross settlement amount, itemized distribution of net proceeds, and a Guardian ad Litem report, among other required information.

The Court will need the following information in most cases: Amount. of Settlement: The specific amount of the gross settlement in this proposed offer and Motion for Approval. Distribution of the net proceeds: The itemized proposed distribution amongst the beneficiaries and/or survivors, the Estate, or other entities with claims and costs and attorney's fees. Guardian Ad Litem Report: The appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement.

Applies to

Closing statement

A detailed closing statement showing attorney's fees, recipients, costs, distribution of funds, liens, outstanding balances, and unresolved claims per Florida Bar Rule 4-1.5 is required for the minor's settlement.

Closing Statement: A copy of a detailed closing statement showing the attorney's fees and the recipients, costs expended or to be expended, anticipated distribution of funds and to whom, liens resolved and unresolved, outstanding balances owed, as required by The Rules Regulating The Florida Bar and specifically Rule 4-1.5, and unresolved claims against the Estate, as well as any other claims being compensated from these proceeds.

Applies to

Motion for approval of minor settlement

Minor's settlement approval requires copies of initial medical records and a final report from each primary treating physician addressing future care needs and approximate costs.

Copies of the initial medical records including the history and physical showing the presenting condition, if hospitalized the admission and discharge and summary resume will be necessary. A final report from each primary treating physician with an indication of the need for, or the lack of need for, future care and, if possible, the approximate costs.

Applies to

Motion in limine

MILs must state with particularity the grounds, the substantial matters of law to be argued, and identify the supporting evidence or material relied upon.

The MIL shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies.

Applies to

Minor settlement release

Minor settlement submissions must include the release and settlement agreements to be signed, with assurances of counsel review and written agreement that the release covers only the settling party and its insurers.

A copy of the release, and any settlement agreements to which the minor, or his guardian on behalf of the minor, will need to sign and assurances that it has been reviewed by counsel and that all parties agree, in writing, that it is only intended to release the settling party and their insurers as insurers of this particular settling party, and is not intended to release any other defendant or non-party.

Applies to

Motion for attorneys fees

Must include

proposed order

When entitlement has been found or is uncontested, counsel seeking attorney's fees and costs must prepare the order finding entitlement.

If entitlement has previously been found or if entitlement is not being contested, counsel seeking attorney's fees and costs shall prepare the Order finding entitlement.

Applies to

Motion in limine

Must include

certificate of conference

Each MIL must contain a Certificate of Conferral Prior to Filing Motion certifying a good faith attempt to resolve each item without court action.

such MIL contain a certification of a good faith attempt as to each item to resolve the matter without court action in the form of a Certificate of Conferral Prior to Filing Motion that the conference has occurred in the MIL

Applies to

Notice of hearing

Must include

certificate of conference

The Notice of Hearing on an MIL must contain a Certificate of Conferral Prior to Scheduling the Motion for Hearing.

a Certificate of Conferral Prior to Scheduling the Motion for Hearing in the Notice of Hearing filed with the Court

Applies to

Notice of hearing

Notices of hearing on MILs must identify the specific issues that remain in controversy after the meet and confer.

Notices of hearing on MIL must identify the specific issues which remain in controversy after counsel have met and conferred.

Applies to

Motion in limine

Must include

proposed order

The party filing the MIL must prepare the proposed order reflecting the Court's rulings after any contested hearing.

The party filing the MIL will prepare the proposed order on any contested hearing reflecting the Court's ruling(s).

Applies to

Proposed order

Must include

caption

Orders must have captions describing the subject and the Court's ruling per Fla. R. Civ. P. 1.100(1), and must not be titled 'proposed.'

All orders must describe, in the caption, the subject and ruling of the court, i.e. "Order Granting Plaintiff's Motion for Partial Summary Judgment on Liability" See Fla. R. Civ. P. 1.100(1). Do not title the orders "proposed."

Applies to

Proposed order

All proposed orders presented following a hearing must include a cover letter indicating the items enumerated in the section.

ALL PROPOSED ORDERS PRESENTED FOLLOWING HEARING, whether submitted to the Court in writing or via email as contemplated supra, MUST INCLUDE A COVER LETTER INDICATING:

Applies to

Cover letter

The cover letter accompanying a proposed order must state that all opposing counsel and unrepresented parties received the same materials provided to the Court and whether the parties agree with the proposed Order's language.

2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.

Applies to

Cover letter

The cover letter for a proposed agreed or consent order must state that the opposing counsel/unrepresented party received the same materials provided to the Court and whether that party agrees with the proposed Order's language.

The letter must state that opposing counsel/unrepresented party has been provided with the same materials being provided to the Court and whether opposing counsel/unrepresented party agrees with the language of the proposed Order.

Applies to

Motion to withdraw

Must include

certificate of service

Motions to withdraw must state the reasons for withdrawal and be set for hearing with proper notice to the client and all parties/attorneys in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(1).

All Motions to Withdraw must set forth reasons for withdrawal and be set for hearing, with proper notice to the client, in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(l), and all parties/attorneys.

Applies to

Consent order

Must include

caption

All consent orders must include the word 'Consent' or 'Agreed' in the caption and describe in the caption the subject and ruling of the court, per Fla. R. Civ. P. 1.100(c)(2).

All consent Orders shall include the word “Consent” or “Agreed” in the caption of the proposed Order, and must describe in the caption, the subject and ruling of the court, i.e., “Agreed Order Granting Plaintiff’s Motion to Compel.” See Fla. R. Civ. P. 1.100(c)(2).

Applies to

Jac indigency motion

Must include

proposed order

JAC indigency motions must be submitted to Chambers with supporting documentation, JAC's response, and a proposed order.

Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers.

Applies to

Jac motion

JAC motions must include all costs requested or paid to date.

All motions must include all costs requested/paid to date.

Applies to

Jac motion

All requests for fees and/or investigative and due process costs must be itemized in JAC motions.

In addition, all requests for fees and/or investigative and due process costs must be itemized.

Applies to

Motion to suppress in limine or exclude

Motions to suppress, in limine, and to exclude must clearly set forth the evidence sought to be suppressed or excluded and the specific reasons, because boilerplate motions devoid of specific supporting allegations are legally insufficient.

Motions to suppress, motions in limine, and motions to exclude shall clearly set forth the evidence sought to be suppressed or excluded, the specific reasons for the suppressions, and a general 3.190(h). “Boilerplate” motions or motions devoid of specific supporting allegations are not legally sufficient.

Applies to

Notice of hearing

The movant's Notice of Hearing for a return-of-property motion must include the law enforcement agency holding the property, and the movant must be prepared to show proof of service.

The movant must prepare a Notice of Hearing that includes the law enforcement agency holding the property and be prepared to show the Court proof that they were served.

Applies to

Bond motion

Bond motions must attach at minimum the A-form and Defendant's prior criminal history.

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 Altfield to consider in increasing or reducing bond.

Applies to

Motion to compel

Motions to compel must be in writing and include the nature/dates of discovery and the failure of the non-moving party to respond or request an extension.

Motions to compel discovery shall be in writing and shall include: 1. the nature of the discovery sought and the date upon which the discovery was propounded and due; 2. that there has been a complete failure to respond or object to the requested discovery, and the non-moving party has failed to request an extension of time to respond to discovery request

Applies to

Motion to compel

Must include

certificate of conference

Motions to compel must certify at least 3 good-faith attempts to resolve with opposing counsel and describe movant's independent efforts to obtain the discovery.

the moving party shall certify that counsel has attempted in good faith to resolve the issues with opposing counsel but has been unable to do so on a minimum of 3 occasions. Said motion should also describe movant's independent efforts to obtain the discovery sought.

Applies to

Credit for time served waiver form

When a defendant waives any credit for time served, defense counsel must complete a waiver form (available from the Clerk) and have the defendant sign it.

If the defendant is waiving any amount of credit for time served, Defense Counsel must fill out a waiver form (available from the Clerk) and have the Defendant sign it.

Applies to

Discovery request and accompanying motion

All discovery requests and accompanying motions must be in writing under Fla. R. Crim. Proc. 3.190(a) and must be filed with the clerk of court.

All Requests and accompanying motions must be in writing. Fla R. Crim. Proc. 3.190(a) and filed with the clerk of court.

Applies to

Motion in limine

Motions in limine must indicate how much time is needed to address them, and counsel must contact chambers for a special 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.

Applies to

Stipulated or agreed motion

Must include

proposed order

A proposed order for a stipulated or agreed motion may be submitted to chambers only if accompanied by a motion signed by both parties or other proof of both parties' agreement.

STIPULATED or AGREED MOTIONS: A proposed order may be submitted to chambers as long as it is accompanied by a motion signed by both parties or an email or other proof indicating agreement of both parties.

Applies to

Motion to increase reduce bond

Motions to increase/reduce bond should include a copy of the A-form, the defendant's criminal history, and any other documents counsel wants the Judge to consider.

Counsel should attach a copy of the A-form and defendant's criminal history to the Motion

Applies to

Notice of confidential information

The Notice of Confidential Information form is not required for documents filed within a Chapter 39 case (dependency, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment matters).

___ Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat. (If the document is filed within a Chapter 39 case, this form is not required.)

Applies to

Motion to increase or reduce bond

Motions to increase or reduce bond must, at a minimum, attach the A-form and the defendant's prior criminal history.

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 Stuzin to consider in increasing or reducing bond.

Applies to

Motion to modify or terminate probation

If there is an objection to modifying or terminating probation, the motion must include 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.

Applies to

Request for special set hearing

The hearing request must designate whether the hearing is evidentiary or non-evidentiary, whether an interpreter is required, whether it will be Zoom or in-person, and the amount of time requested for all sides.

Check all that apply: ______ Evidentiary (requires testimony)_____ Non-Evidentiary (no testimony required) ______ Interpreter not required _____ Interpreter required and will be provided by party ______ Zoom1 hearing _____ In-Person Hearing Amount of time requested for ALL sides to complete presentation: ______________

Applies to

Motion to increase or reduce bond

Bond motions should attach, at minimum, a copy of the A-form and the defendant's criminal history, plus any other documents counsel wants the Judge to consider.

Counsel should, at a minimum, attach a copy of the A-form and defendant's criminal history to the Motion, along with any other documents Counsel wants Judge Delancy to consider in increasing or reducing bond.

Applies to

Motion to terminate or modify probation

Motions to modify or terminate probation/community control should include the positions of the probation officer, state attorney, and victim (if applicable), and if there is an objection, the original A-form and defendant's criminal history; midway-point termination/modification is not automatically granted unless agreed to at sentencing.

Judge Delancy does not automatically grant termination or modifications of Probation or Community Control at the midway point, unless such a condition was specifically agreed to at sentencing by all parties. 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. If there is an objection, please include a copy of the original A- form and the defendant's criminal

Applies to

Motion to increase or reduce bond

Bond increase/reduction motions must attach, at a minimum, the A-form and the defendant's criminal history, plus any other documents counsel wants the court to consider.

Counsel should, at a minimum, attach a copy of the A-form and defendant's criminal history to the Motion, along with any other documents Counsel wants Judge de la O to consider in increasing or reducing bond.

Applies to

Motion to terminate or modify probation

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

TERMINATE OR MODIFY PROBATION/CC: 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. Please include a copy of the A-form and the Defendant's criminal history.

Applies to

Courtesy copy

Attorneys must affirm in writing whether courtesy copies (including media devices) provided to the Court are duplicates of the documents filed with the Clerk.

Attorneys providing courtesy copies to the Court of documents as well as flash drives, USB drives, CDs, and other devices, must affirm in writing whether the courtesy copies are duplicates of what was filed with the Clerk so they are not retained when they are no longer needed.

Applies to

Request for compulsory medical examination

Requests for a compulsory medical examination must specify with the time, place, manner, conditions, and scope of the examination and the name and qualifications of the examiner with specificity.

Requests for an examination must set forth the time, place, manner, conditions, and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity.

Applies to

Objection

Objections to a CME request must state the specific reasons for the objection.

The objections must state the specific reasons for the objections.

Applies to

Non physical examination request

Requests/orders for non-physical examinations under Rule 1.360(a)(1)(B) must set forth the time, place, manner, conditions, scope, and the name and qualifications of the examiner with specificity.

Please make certain the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination are set forth with specificity.

Applies to

Notice of attendees

The written notice of examination attendees must state the names, relationship to the plaintiff, and number of persons who will be present.

Plaintiff's counsel will notify, in writing within ten (10) days of the examination, the names, relationship to the plaintiff, and number of persons who will be present so that an examining room of sufficient size can be reserved.

Applies to

Mediation report

A mediation report alone does not remove a case from the hearing calendar or trial docket; a Notice of Settlement or Dismissal is required.

A copy of the mediation report is insufficient to remove the case from the Court's hearing calendar or trial docket.

Applies to

Medical report

Medical reports submitted in a minor settlement must include a cost estimate and an explanation of the treatment plan.

The above-mentioned medical reports should contain an estimate of the cost of and an explanation of the treatment plan for these injuries.

Applies to

Minor settlement papers

Minor settlement submissions must address the existence or lack of medical insurance, Medicaid, Medicare, or other payment sources for projected future treatment.

The existence of medical insurance, Medicaid, Medicare or other sources of payment, or lack thereof, for future treatment that has been projected.

Applies to

Proposed order

If the parties cannot agree on the form of the proposed order, the preparing party must include a cover letter saying so, unless the Court has requested competing orders with a submission timeframe.

If the parties are unable to agree on the form of the order that accurately reflects the Court's ruling, the party that is requested to prepare the proposed order must include a cover letter reflecting such. The aforementioned does not apply if the Court has asked for competing orders and provided a timeframe for the submission of same.

Applies to

Notice of hearing

The notice of hearing for a return-of-property motion must indicate the hearing date, time, and Zoom meeting ID.

Then, file a notice of hearing indicating the date, time, and zoom meeting ID for the motion calendar hearing date for your motion for return of property.

Applies to

Motion to modify or terminate probation

A motion to modify or terminate probation must include the positions of the probation officer, the assistant state attorney, and if applicable the victim, and if there is an objection must include the original A-form and the defendant's criminal history.

A Motion to Modify or Terminate should include the Probation Officer’s, the Assistant State Attorney’s, and – if applicable – the victim’s position on the motion. If there is an objection, please include a copy of the original A-form and the defendant’s criminal history.

Applies to

Stipulated motion for continuance

Must include

proposed order

Stipulated motions for continuance may be sent to chambers accompanied by a stipulated order.

Stipulated Motions for Continuance may be sent to chambers with a Stipulated Order.

Applies to

Order granting motion to determine confidentiality

An order granting in whole or in part a Motion to Determine Confidentiality must state specified required findings with specificity without revealing the confidential information.

An Order granting in whole or in part a “Motion to Determine Confidentiality of Court Records” filed under Rule 2.420(e) of the Florida Rules of Judicial Administration must state the following with as much specificity as possible without revealing the information subject to the confidentiality determination:

Applies to

Notice of confidential information

The Notice of Confidential Information form must be signed and dated when submitted and filed.

Submitted and filed this ________ day of ____________, 20____. _____________________________________________ /s/