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

CRITICALCivil cases

Applies to

Notice of hearing

After a Motion Calendar hearing is placed on the calendar, prepare, file, and serve a Notice of Hearing identifying each motion by full name, docket index number, and filing date.

You must still prepare, file, and serve a Notice of Hearing. Please be sure to include the full name of the motion(s), the docket index number(s), and date(s) filed in the Notice of Hearing.

CRITICALCivil cases

Applies to

Order

Orders must contain all required information with no blanks; otherwise, submit the case on Motion Calendar.

Orders must contain all information required (i.e., no blanks shall be left), or case must be submitted on motion calendar.

CRITICAL

Applies to

Proposed order

Proposed orders must include specific motion identifiers, either the docket index number or the e-filing number with the full motion name and filing date, per Administrative Order 22-02.

Counsel and self-represented litigants must include with every proposed order the specific identifiers, in accordance with Administrative Order 22-02, which established the requirements for inclusion of docket index numbers or motion identifiers on proposed orders and notices of hearings. The identifiers must include one of the following two options: - the docket index number for the motion, found to the immediate left of the date on the Clerk's website, which is the preferred reference, OR - the e-filing number, full name of motion, and date of filing for the motion as marked by the e-filing portal.

CRITICALCivil cases

Applies to

Request for leave to exceed page limit

Must include

proposed order

To seek leave to exceed the 20-page limit, submit a separate motion and proposed order through CourtMAP’s proposed orders option.

YOU MUST SUBMIT A SEPARATE MOTION AND PROPOSED ORDER TO THE COURT SEEKING LEAVE TO EXCEED THE 20-PAGE LIMIT VIA THE PROPOSED ORDERS OPTION ON COURTMAP.

CRITICAL

Applies to

Cover letter

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

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.

CRITICAL

Applies to

Minor settlement submission

Minor's 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.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of conference

The notice of hearing on an MIL must include 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

CRITICAL

Applies to

Motion for approval of minors settlement

The minor's settlement approval submission must explain how the minor's net proceeds will be invested or protected, including the institutions/vehicles and their rating or stability.

Protection of Minor's net proceeds: The Court will need to know how the funds will be invested or protected and in what institution(s) or through which vehicle(s). This would include the rating or stability of the institution(s) or fund(s).

CRITICAL

Applies to

Minor settlement medical reports

of the child after the incident and photographs of the present condition will be required. The Court may require that the child appear at the hearing in order to allow the Court to observe the condition(s). The above-mentioned medical reports should contain an estimate of the cost of and an explanation of the treatment plan for these injuries.

of the child after the incident and photographs of the present condition will be required. The Court may require that the child appear at the hearing in order to allow the Court to observe the condition(s). The above-mentioned medical reports should contain an estimate of the cost of and an explanation of the treatment plan for these injuries.

CRITICAL

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, as required by 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.

CRITICAL

Applies to

Objection to examination

Objections to an examination must state the specific reasons for the objections.

The objections must state the specific reasons for the objections.

CRITICAL

Applies to

Notice of settlement

Counsel must notify the Court of any 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.

CRITICAL

Applies to

Request for non physical examination

Must include

proposed order

Non-physical condition examinations under Rule 1.360(a)(1)(B) require an order of the court 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.

CRITICAL

Applies to

Motion for approval of minors settlement

If an annuity will be purchased, the submission must include the annuity's cost, present value, payment schedule, company name, owner and its relationship to the released companies, and the company's rating.

If an annuity is to be purchased, the Court will need a copy of the information setting forth the cost, present value, payment schedule, the name of the company that will be used, the name of the owner of the annuity and its relationship to those companies being released, as well the rating of the company.

CRITICAL

Applies to

Cover letter

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

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.

CRITICAL

Applies to

Request for compulsory medical examination

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

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.

CRITICAL

Applies to

Notice of hearing

MIL hearing notices 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.

CRITICAL

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.

CRITICAL

Applies to

Motion for approval of minors settlement

The submission must include initial medical records and a final report from each primary treating physician on the need or lack of need for future care and, if possible, 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.

CRITICAL

Applies to

Notice of settlement

Must include

proposed order

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

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

CRITICAL

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 and identifying the conference date, participating attorneys, and specific results obtained.

(iv) 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.

CRITICAL

Applies to

Certificate of conferral

The conferral statement is insufficient unless it details the date and time of at least three conferral attempts within the month before filing and describes with particularity all efforts to accomplish dialogue with opposing counsel.

A statement that counsel attempted to confer with opposing counsel is insufficient unless the good faith statement details the date and time of at least three attempts to confer that occurred within the one-month period prior to the filing of the motion. The rule 1.202 Certificate of Conferral should describe, with particularity, all of the efforts undertaken to accomplish dialogue with the opposing party or opposing party’s counsel prior to filing the subject motion.

CRITICAL

Applies to

Notice of hearing

After calendaring through courtMAP, the party must still prepare, file and serve a Notice of Hearing.

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

CRITICAL

Applies to

Consent order

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.

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).

CRITICAL

Applies to

Motion for approval of minors settlement

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.

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.

CRITICAL

Applies to

Closing statement

A detailed closing statement showing attorney's fees, costs, distribution of funds, liens, and outstanding balances (per Rule 4-1.5) must be provided for the minor's settlement approval.

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.

CRITICAL

Applies to

Proposed order

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

3. 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. 4. The aforementioned does not apply if the Court has asked for competing orders and provided a timeframe for the submission of same.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw must state the reasons for withdrawal and be set for hearing with proper notice to the client and all parties/attorneys under 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.

CRITICAL

Applies to

Motion in limine

Must include

proposed order

The party filing the MIL must prepare the proposed order after any contested hearing, and MIL rulings are non-final orders modifiable during trial.

The party filing the MIL will prepare the proposed order on any contested hearing reflecting the Court's ruling(s). All counsel is reminded that rulings on MIL are non-final orders subject to modification during trial as evidence is presented.

CRITICAL

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

CRITICAL

Applies to

Minor settlement release

Minor's settlement filings must include copies of the release and settlement agreements to be signed plus written assurances that counsel reviewed them and that they release 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.

CRITICAL

Applies to

Motion in limine

MILs must state their grounds with particularity, the substantial matters of law to be argued, and identify the supporting evidence relied upon; the Court may summarily rule on any MIL not written with particularity.

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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

A certificate of conferral substantially in the form prescribed by Rule 1.202(b) must be filed with the motion, placed 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.

CRITICAL

Applies to

Proposed order

Every proposed order presented after a hearing, whether submitted in writing or via email, must include a cover letter indicating the required items.

B. 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:

CRITICAL

Applies to

Motion for approval of minors settlement

Guardian Ad Litem Report: The appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement. The dollar amount, as noted above may require the appointment of a GAL.

Guardian Ad Litem Report: The appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement. The dollar amount, as noted above may require the appointment of a GAL.

CRITICAL

Applies to

Order

All orders must have a caption describing the subject and the court's ruling, and must not be titled 'proposed.'

2. 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."

CRITICAL

Applies to

Order finding entitlement

Must include

proposed order

An entitlement hearing must be set before attorney's fees are addressed, and once entitlement is found or uncontested, the counsel seeking fees must prepare the order finding entitlement.

If entitlement has not been found, a hearing on entitlement must be set first. 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. The parties shall set the motion on attorney's fees in accordance with the procedures supra.

CRITICALCivil cases

Applies to

Hearing description

When scheduling an in-person hearing, include “(LIVE AND IN-PERSON)” in courtMAP's motion description.

For an in-person hearing, schedule the hearing as you would for Zoom but add: "(LIVE AND IN-PERSON)" in courtMAP when describing the motions to be heard.

CRITICALCivil cases

Applies to

Motion to strike affirmative defenses

For a motion to strike affirmative defenses, upload the affirmative defenses.

On a motion to strike affirmative defenses, upload the affirmative defenses.

CRITICALCivil cases

Applies to

Motion to dismiss

For a motion to dismiss, upload a copy of the complaint.

On a motion to dismiss, upload a copy of the complaint.

CRITICALCivil cases

Applies to

Notice of hearing

Notices of hearing not generated by courtMAP must include the Zoom meeting ID and link.

ALL ZOOM HEARINGS WILL BE at Meeting ID: 305 349 7062  https://zoom.us/j/3053497062  Please put that on any notices of hearing not generated by courtMAP.

CRITICAL

Applies to

Proposed order substitution of counsel

The proposed order on substitution of counsel must include the substituted attorney's name and Florida bar number in its body.

Additionally, the name and Florida bar number of the substituted attorney must be included within the body of the proposed order.

CRITICAL

Applies to

Emergency petition motion

Emergency petitions/motions must contain a certification that the matter is a true emergency and a statement that opposing counsel has been notified in an attempt to resolve the matter amicably.

Your petition/motion must contain the following: -a certification that the matter is a true emergency and cannot wait to be heard during a special set hearing. -a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.

CRITICAL

Applies to

Order on stipulation for substitution of counsel

An order on a Stipulation for Substitution of Counsel must be accompanied by the filed written Consent of the client.

If you are submitting an order on a Stipulation for Substitution of Counsel, you must file the written Consent of the client.

CRITICAL

Applies to

Special set hearing request

When setting a special set hearing, the setting party must list the full title of the pleading(s), the Docket Index Number(s), and whether the hearing is evidentiary or non-evidentiary, or no Clerk will be reserved for evidence admission.

IMPORTANT NOTICE WHEN SETTING: The setting party shall list the full title of pleading(s) that is/are being set, the Docket Index Number for said pleading(s), and if hearing will be “evidentiary/non-evidentiary.” Should no indication be listed as to evidentiary/non-evidentiary, there will be NO Clerk reserved for evidence admission at the time of hearing.

CRITICAL

Applies to

Competing proposed order

A competing proposed order must list the submitter's name on its title.

The proposed order must list the submitter's name on the title of the proposed competing order.

CRITICAL

Applies to

Case management report and order

All cases must have a current Case Management Report and Case Management Order in place setting forth deadlines.

All cases must have a current Case Management Report and Case Management Order in place setting forth deadlines, please refer to Administrative Order No. 24-20, In Re: Re-Establishment of Procedures for Active Case Management in the Circuit Civil Division.

CRITICAL

Applies to

Proposed order

Proposed orders must include the Docket Index Number for the underlying petition/motion.

Proposed orders must be uploaded via courtMAP within seven (7) days from the date of hearing; it must include the Docket Index Number for the underlying petition/motion; AND must be typed in Times New Roman, size 14 font.

CRITICAL

Applies to

Petition for case management conference

To schedule a CMC, a petition/motion for case management conference outlining the issues to be heard must be filed and appear on the Clerk of Court's docket.

To schedule a CMC, please file a petition/motion for case management conference outlining issues to be heard at the CMC and ensure it appears on the Clerk of Court's docket.

CRITICAL

Applies to

Lost note

The Court requires an Indemnity Bond for any Lost Note.

LOST NOTE: The Court requires an Indemnity Bond for any Lost Note.