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

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must include the full title of the pleading being set, its Docket Index Number, and the Zoom link, and must be filed via ePortal.

The setting party shall file a Notice of Hearing, inclusive of the full title of pleading that is being set, the Docket Index Number for said pleading, and the Zoom link, via ePortal and serve same upon all necessary parties.

CRITICAL

Applies to

Pretrial order

The pre-trial catalogue must list anticipated trial witnesses, identify experts, and provide each witness's name, address, and brief expected testimony; unlisted witnesses are excluded absent good cause.

WITNESS LIST: The Pre-trial Catalogue shall contain a list of witnesses to be called at trial. This includes rebuttal and impeachment witnesses who, in the exercise of diligent pre-trial preparation, you should know might be called. Expert witnesses shall be so specified. Such list shall contain names, addresses and a brief statement of testimony to be offered. Witnesses not listed will not be called at trial except for good cause shown.

CRITICAL

Every order granting a motion to withdraw must include the client's complete phone number, address, and email.

All orders granting a motion to withdraw must contain the complete contact information (phone, address, email) of the client.

CRITICAL

Applies to

Hearing request

After selecting a date, add the case to the calendar with the filed, e-file-stamped motion and hearing request as supporting documents; settings missing these or any supporting documents will be rejected.

Once the date has been selected, please be sure to add your case to the calendar and attach as supporting documents the filed Motion and Request for Hearing (with an e-file stamp). Any settings that do not include the motion and request for hearing with the e-file stamp will be rejected. Any settings that do not have any supporting documents will be rejected.

CRITICAL

Applies to

Motion

A motion to continue trial must include the client's signature agreeing to the continuance.

Motions to continue the trial must include a signature from the client agreeing to the continuance.

CRITICAL

Applies to

Pretrial order

When debt division is disputed, each party must file with the pre-trial catalogue a party-sworn schedule of debts containing the specified debt, amount, and proposed-disposition information.

DIVISION OF DEBTS: In all cases in which there is a disputed question as to division of any debts, concurrently with the Pre-Trial catalogue each party shall file a Schedule of Debts, signed by the party in affidavit form, which shall reflect: a description of the marital debts and non-marital debts: in whose name the debt is in; the date debt wasincurred; the amount of the debt when it was first incurred; the amount of the debt at the time of filing of the petition. If another date is also used, explain why another date is also used and state the amount of the debts as of that date; the present amount of the debt; a list containing a suggested disposition of each debt and the basis for the suggested disposition. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.

CRITICAL

Applies to

Pretrial order

A current, fully completed financial statement using Form 12.901(d) or (e) must be attached to the pre-trial catalogue and exchanged with the other parties.

FINANCIAL AFFIDAVIT: A current, fully executed financial statement in accordance with Form 12.901(d) or (e) of the Florida Family Law Rules of Procedure shall be attached to the Pre-trial Catalogue and exchanged with the attorneys/pro se litigants.

CRITICAL

The Notice of Readiness for Trial must identify the specific issues to be tried.

Notice of Readiness shall include the specific issues to be tried by the court (e.g. timesharing, alimony, child support).

CRITICAL

Applies to

Notice of hearing

A hearing notice for the five-minute motion calendar must identify the motion and its corresponding docket-entry number.

A Notice of Hearing must be filed for the 5-Minute Motion Calendar listing the motion and docket number entry (D.E. #) corresponding to the motion that has been set.

CRITICAL

Applies to

Pretrial order

When asset division is disputed, each party must file with the pre-trial catalogue a party-sworn schedule of assets containing the specified asset, valuation, ownership, legal-basis, and proposed-disposition information.

DIVISION OF ASSETS: In all cases in which there is a disputed question as to division of any assets, real or personal, concurrently with the Pre-trial catalogue each party shall file a SCHEDULE OF ASSETS, signed by the party in affidavit form, setting forth each asset to which a disputed question exists or to the division thereof. Said Schedule shall reflect: a description of the asset and non-marital assets (so identified); in whose name the title or ownership lies; the date of acquisition; the value at the time of acquisition; the value at time of filing of petition or, if another date is used, explain why another date is used; the present value thereof; the basis for any claim of unequal distribution thereto; and the basis for allowance of, (or any portion thereof,) of EQUITABLE DISTRIBUTION; a list of suggested disposition of each asset. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.

CRITICAL

Applies to

Final judgment

UCD final judgment submissions must include a cover letter and supporting documents: petition/counter petition, answer or answer/waiver, marital settlement agreement and/or parenting plan, order of default (if applicable), valid ID copy, best-interest affidavit signed by both parties, financial affidavits, UCCJEA affidavit, and the special affidavit for remote uncontested/no hearing.

Please upload the following and attach as supporting documents to the Final Judgement with a cover letter. 1. Petition or Counter Petition 2. Answer or Answer/Waiver 3. Marital Settlement Agreement and/or Parenting Plan. 4. If the Petition has been defaulted please attach the Order of Default. 5. A copy of the Petitioner's and/or Counter Petitioner's Valid Driver's License, Florida State ID or Voter's Registration card. 6. Affidavit that MSA and/or PP in best interest of child, signed by both parties. 7. Financial Affidavits 8. UCCJEA Affidavit 9. Special Affidavit for Remote Uncontested/No Hearing

CRITICAL

Applies to

Motion for zoom conversion

To convert an in-person evidentiary hearing to Zoom, the moving party must file a motion stating the reason for conversion and whether all parties agree.

1. The moving party must file a Motion indicating the reason for converting the hearing to zoom and whether all parties are in agreement.

CRITICAL

Applies to

Emergency motion

Emergency motions must contain a certification that the matter is a true emergency that cannot wait for the next available setting.

1. Your filed motion must contain a certification that the matter is a true Emergency and cannot wait to be heard at the next available setting.

CRITICAL

Applies to

Proposed order

Supporting documents (motions, affidavits, cover letters, etc.) must always accompany a proposed order submission.

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

CRITICAL

Applies to

Motion for leave to exceed page limit

Must include

proposed order

A separate Motion and Proposed Order seeking leave to exceed the 20-page limit must be submitted via the Proposed Orders option on courtMAP before filing anything longer.

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

Ex parte motion to compel

Ex parte motions to compel must contain the 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

Emergency motion

Emergency motions must contain a statement that opposing counsel was notified in an attempt to resolve the matter amicably.

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

Order on stipulation for substitution of counsel

An order on a Stipulation for Substitution of Counsel must be accompanied by the client's written consent.

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

CRITICAL

Applies to

Proposed order

The name and bar number of the new attorney must be included within the body of the proposed order on a Stipulation for Substitution of Counsel.

Additionally, the name and bar number of the “new” attorney must be included within the body of the proposed order.

CRITICAL

Applies to

Proposed order

A proposed order submitted after a hearing must include a cover letter stating 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

Financial affidavit

All parties must attend mediation before trial, and financial affidavits must be filed before the mediation referral is entered.

ALL PARTIES MUST ATTEND MEDIATION PRIOR TO TRIAL, if the case has not been mediated, contact the Judge's Staff for a Referral to Mediation. Financial Affidavits must be filed prior to the Referral for Mediation being entered.

CRITICAL

Applies to

Proposed final judgment

Must include

proposed order

After scheduling an uncontested dissolution, submit the proposed Final Judgment with a copy of the Petitioner's driver's license and the Supplemental Affidavit via CourtMAP.

Once the UCD is scheduled submit the proposed Final Judgment with two supporting documents (a copy of the Petitioner's driver's license and the Supplemental (special) Affidavit form provided hereto) via CourtMAP.

CRITICAL

Applies to

Motion

Must include

ai disclosure

Motions drafted with AI must disclose AI use at the beginning or end, and the signer affirms verification of all citations and facts, with possible sanctions for noncompliance.

ARTIFICIAL INTELLIGENCE ("AI") It must state at the beginning or at the end of the motion that the party has used AI to draft or assist in drafting their motion. Any party using AI, by signing the document, is affirming that they have verified that all of the caselaw and statute numbers are correct, applicable and existing and that all the facts are correct. Failure to comply with the above may result in sanctions by the Court.

CRITICAL

Applies to

Motion for telephonic appearance

Must include

proposed order

For a telephonic appearance on an in-person day, submit a motion through CourtMAP with a proposed order for the Judge's approval and include the reason for the request.

**TELEPHONIC APPEARANCE:      Telephonic hearings are heald on Wednesdays and Fridays.  If you need to appear telephonic on any in-person day, a motion for telephonic appearance MUST be submitted through CourtMap along with an order for Judge's approval. The Motion must include the reason for the request.

CRITICAL

Applies to

Agreed recommended order

Resolved matters will not be taken off calendar unless an Agreed Recommended Order is submitted via Courtmap.

No matter that has been resolved will be taken off calendar without an Agreed Recommended Order submitted via Courtmap.

CRITICAL

Applies to

Order of referral

No matter may be heard by a General Magistrate without an appropriate Order of Referral and the consent of all parties to the referral.

No matter can be heard by a General Magistrate without an appropriate Order of Referral and the consent to the referral of all parties.

CRITICALCivil cases

Applies to

Emergency motion

Must include

proposed order

For emergency motions, a proposed order must be uploaded separately under the proposed orders task and chambers called immediately, leaving a voicemail with the case number and best telephone number if needed.

Proposed Order must be uploaded (separate, under proposed orders task) and call the chambers immediately. Please note that certain orders will not be signed without hearing. If you reach our voice mail box please leave a message with the case number and best telephone number and we will call you back.

CRITICALCivil cases

Applies to

Notice of hearing

Notices of hearing for the motion calendar must include the event-specific Zoom ID and be uploaded to CourtMap after the event is created.

All Motion Calendar hearings are conducted via zoom platform. ZOOM ID is available in the CourtMap after the hearing/event is scheduled. Every event has different ZOOM ID. Please include the zoom information in the Notice of Hearing and upload it to the CourtMap after the event is created. Do NOT file a Notice of Hearing without ZOOM ID information included.

CRITICALCivil cases

Applies to

Motion to dismiss

Motions to dismiss a complaint must attach the complaint as a supporting document.

Motion's to Dismiss Complaint must have the Complaint attached as supporting document.

CRITICALCivil cases

Applies to

Proposed order

Every proposed order must be accompanied by a motion and supporting documents or correspondence.

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 correspondence.

CRITICALCivil cases

Applies to

Notice of hearing

The moving party must file its own Notice of Hearing; the CourtMap-generated notice alone is not sufficient.

CourtMap generates the Notice of Hearing which is not sufficient however, moving party MUST file their own Notice of Hearing.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders must be titled in the courtMAP title block, renaming the generic order title.

ALL proposed Orders MUST be titled in the block marked “Generic Order – You must rename the Order Title”

CRITICALCivil cases

Applies to

Emergency motion

Must include

certificate of conference

Emergency motions must attach correspondence as a supporting document certifying 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 attach correspondence as supporting document indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.

CRITICALCivil cases

Applies to

Motion for summary judgment

Scheduling a summary judgment motion requires a written certification that all discovery is complete, filed via portal and attached in CourtMap; without it the court will not schedule the hearing.

IMPORTANT - When scheduling Motion for Summary Judgment, the moving party must certify in writing that ALL relevant discovery has been completed. The certification (simple pleading) must be filed via portal and filed copy attached as supporting document when scheduling the hearing in CourtMap. Without certification the Court will NOT schedule (approve) a summary judgment motion for hearing.

CRITICALCivil cases

Applies to

Notice of hearing

Notices of hearing for motion and foreclosure calendars must include the event-specific Zoom ID and be filed and uploaded to CourtMap after the hearing is scheduled.

ZOOM ID IS DIFFERENT FOR EVERY EVENT and it can be found in CourtMap. For Motion Calendar and Foreclosure Calendar the zoom ID is available immediately after the hearing is scheduled therefore, please include the information in the Notice of Hearing (notice of hearing should be filed and uploaded to CourtMap after the hearing is scheduled).

CRITICALCivil cases

Applies to

Notice of hearing

If parties cannot coordinate for more than a week, the hearing may be unilaterally scheduled, and the Notice of Hearing must state that it was unilaterally scheduled and why.

Parties must coordinate with one another prior to scheduling. If unable to coordinate for more than a full week you may unilaterally schedule the hearing and Notice of Hearing MUST say that the hearing was unilaterally scheduled and the reason why.

CRITICALCivil cases

Applies to

Exhibits

Zoom evidentiary hearing and non-jury trial exhibits must be pre-marked, accompanied by an index, identify the submitting party, and be filed individually as evidence submissions via the portal; a notice of filing is not sufficient.

At least five (5) business days prior to evidentiary hearing or non-jury trial (Civil or Foreclosure), all exhibits should be pre-marked for identification and shall include an index listing all proposed exhibits with the exhibit numbers or letters and filed as evidence submissions via portal. The proposed pre-marked exhibits should clearly list the submitting party. The must be filed individually (one by one) as evidence submission. NOTICE OF FILING IS NOT SUFFICIENT FOR THE CLERK.

CRITICALCivil cases

Applies to

Amended notice of hearing

If the opposing party is pro se, an Amended Notice of Hearing reflecting the Zoom ID must be filed.

If the opposing side is pro se, an Amended Notice of Hearing must be filed to reflect the zoom ID.

CRITICALCivil cases

Applies to

Objection

When scheduling objections, the motion being objected to and all documents the judge needs for the hearing must be filed as supporting documents.

When you are setting the objections please file as supporting document the Motion you are objecting too and all documents needed for the Judge to prepare and use at the hearing.

CRITICALCivil cases

Applies to

Notice of hearing

Evidentiary hearings must be noticed by the moving party as an evidentiary hearing on the special set calendar.

ALL EVIDENTIARY HEARINGS MUST BE NOTICED BY THE MOVING PARTY AS EVIDENTIARY HEARING.

CRITICAL

Applies to

Financial affidavit

Please make sure both parties have filed financial affidavits.

Please make sure both parties have filed financial affidavits.

CRITICAL

Applies to

Cover letter

The cover letter accompanying a proposed order must state the motion title and hearing date, that the order was sent to opposing counsel/pro se party, and whether that party agrees to the order.

The cover letter MUST address the following: - Title of motion, with date of hearing (if previously heard); - That order was sent to opposing counsel/pro se party; and - Whether opposing counsel/pro se party AGREES to order or not.

CRITICAL

Applies to

Request for hearing

The Request for Hearing should include how many witnesses/exhibits each side plans to introduce at the hearing and whether any of the parties will need the services of an interpreter. With this information listed on the request, please then indicate the amount of time you realistically expect the hearing to take.

The Request for Hearing should include how many witnesses/exhibits each side plans to introduce at the hearing and whether any of the parties will need the services of an interpreter. With this information listed on the request, please then indicate the amount of time you realistically expect the hearing to take.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw require a written consent attached to the motion, and the order must include the client's current address, phone number and email.

Motions to Withdraw (a written consent must be attached to the motion. The order MUST include a current address, phone number and email for client)

CRITICAL

Applies to

Proposed order

Every proposed order submission must include a cover letter and the motion (with attachments, if any) as supporting documents.

All proposed orders MUST include as supporting documents a cover letter and motion (with attachments, if any).

CRITICAL

Applies to

Hearing setting

Calendar settings for special set hearings must attach the filed motion and request for hearing (with e-file stamp) as supporting documents or they will be rejected.

Once the date has been coordinated with both sides, the JA will instruct the parties to add your case to the calendar and attach as supporting documents the filed motion and request for hearing (with an e-file stamp). Any settings that do not include the motion and request for hearing as described above will be rejected.

CRITICAL

Applies to

Emergency motion

Emergency motions must contain a certification that the matter is a true emergency that cannot wait for the Court's next motion calendar.

All emergency motions must contain a certification that the matter is a true Emergency and cannot wait to be heard during the Court's next motion calendar for scheduling purposes.

CRITICAL

Applies to

Proposed final judgment

Must include

proposed order

A proposed final judgment must be uploaded to CourtMAP as a proposed order for Judge Diaz to execute the final judgment.

YOU MUST UPLOAD A PROPOSED FINAL JUDGMENT TO COURTMAP AS A PROPOSED ORDER IN ORDER FOR JUDGE DIAZ TO EXECUTE THE FINAL JUDGMENT.

CRITICAL

Applies to

Proposed final judgment

Must include

proposed order

Submit the proposed final judgment through CourtMap only after receiving the Bailiff’s approval email.

***The Proposed Final Judgment should be submitted through Courtmap after you have received the approval email from the Bailiff.

CRITICAL

Applies to

Motion calendar hearing submission

Include a Notice of Hearing as a supporting document on CourtMap.

On COURTMAP also include as supporting documents a Notice of Hearing.