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

CRITICAL

Applies to

Motion submission

Must include

proposed order

Submit each proposed order through CourtMap with its respective motion and cover letter.

All Proposed Orders are to be submitted through CourtMap with it's respective Motion and Cover Letter.

CRITICAL

Applies to

Special-set hearing cancellation

Must include

proposed order

To cancel a special-set hearing, file a withdrawal of the motion or submit an agreed order.

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

CRITICAL

Applies to

Notice of hearing

After filing a return of property motion, contact the Judicial Assistant to schedule it and file a notice of hearing stating the date, time, and Zoom meeting ID.

After the filing of the motion, please contact the Judicial Assistant to schedule the motion on Calendar. 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.

CRITICALCivil cases

Applies to

Ex parte motion to compel

Must include

certificate of conference

Ex parte motions to compel must include certification of good faith effort under Rule 1.380(a)(2).

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

CRITICALCivil cases

Applies to

Emergency motion

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

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

CRITICALCivil cases

Applies to

Emergency motion

Motion must include a statement confirming that opposing counsel has been notified in an attempt to resolve the matter amicably. The motion should also clearly provide the email addresses and phone numbers of all counsel of record.

Motion must include a statement confirming that opposing counsel has been notified in an attempt to resolve the matter amicably. The motion should also clearly provide the email addresses and phone numbers of all counsel of record.

CRITICALCriminal cases

Applies to

Motion to suppress or exclude

Boilerplate motions or motions devoid of specific supporting allegations are not legally sufficient.

"Boilerplate" motions or motions devoid of specific supporting allegations are not legally sufficient.

CRITICALCriminal cases

Applies to

Motion to compel

Motions to compel must be in writing and state the nature of the discovery sought, the date propounded and due, the complete failure to respond or object, and that no extension was requested.

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;

CRITICALCriminal cases

Applies to

Motion to modify or terminate probation

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.

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.

CRITICALCriminal cases

Applies to

Jac indigency motion

Must include

proposed order

JAC indigency motions must be submitted to Chambers together 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.

CRITICALCriminal cases

Applies to

Motion

All motions must be in writing unless the standing order provides an exception for a specific motion type.

All motions must be in writing unless otherwise noted below within these policies and procedures.

CRITICALCriminal cases

Applies to

Credit for time served waiver form

When a defendant waives any amount of 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.

CRITICALCriminal cases

Applies to

Motion to suppress or exclude

Motions to suppress, in limine, or to exclude must clearly set forth the evidence targeted and the specific reasons for suppression or exclusion.

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

CRITICALCriminal cases

Applies to

Motion to modify or terminate probation

If there is an objection, please 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.

CRITICALCriminal cases

Applies to

Notice of hearing

The return-of-property Notice of Hearing must include the law enforcement agency holding the property.

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.

CRITICALCriminal cases

Applies to

Motion to compel

Must include

certificate of conference

Motions to compel must certify that counsel attempted in good faith to resolve the issue with opposing counsel on at least 3 occasions and describe the 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.

CRITICALCivil cases

Applies to

Order of dismissal or notice of voluntary dismissal

To be excused from calendar call, parties must submit an Order of Dismissal or Notice of Voluntary Dismissal containing language retaining jurisdiction to enforce the settlement, and the word 'stipulation' cannot be used.

The Court is requiring the parties to do one of the below: 1- Submit an Order of Dismissal With the language - The Court retains jurisdiction to enforce the terms and conditions of the settlement agreement. 2- File a Notice of Voluntary Dismissal With the language - The Court retains jurisdiction to enforce the terms and conditions of the settlement agreement. The word "stipulation" CANNOT be used, if you use the word "stipulation" the Clerk’s Office does not accept it and you will be required to appear before the Court for Calendar Call/ Trial.

CRITICALCivil cases

Applies to

Emergency motion

Must include

proposed order

Emergency motions must be submitted with a proposed order granting the relief being sought.

Please submit your Emergency Motion through courtMAP with a proposed order granting the relief being sought and make sure the Emergency Motion has been filed with the Clerk of Court and provided to opposing counsel.

CRITICALCivil cases

Applies to

Trial docket removal

Removal from the trial docket or excusal from calendar call requires a Court Order, Order of Dismissal, or Notice of Voluntary Dismissal; a notice of settlement is insufficient and failure to appear may result in sanctions or striking of pleadings.

The ONLY way to be removed from the Trial Docket or be excused from Calendar Call is via Court Order, Order of Dismissal, or Notice of Voluntary Dismissal. A Notice of Settlement and Stipulation ARE NOT SUFFICIENT, failure to appear at Calendar Call may result in sanctions and/or the striking of pleadings.

CRITICALCivil cases

Applies to

Order to show cause

Generic orders to show cause must use the Court's mandated template language, including the Zoom appearance before Judge William Thomas.

Language that must be used for generic show cause order!!!! IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, STATE OF FLORIDA CIVIL DIVISION CASE NO., Plaintiff, -vs-, Defendant. / ORDER TO SHOW CAUSE THIS CAUSE having come before the Court on (Plaintiff or Defendant)’s Motion for Order to Show Cause and the Court having reviewed the Motion and being otherwise fully advised in the premises, it is hereby ORDERED that (Plaintiff or Defendant) is ordered to appear ON THE Court’s motion calendar VIA ZOOM at a hearing before the Honorable William Thomas, Circuit Judge on ________________________ at AM/PM.

CRITICALCivil cases

Applies to

Motion

A written motion must be filed with the Clerk, and the Court will not address motions that have not been filed.

A WRITTEN MOTION IS REQUIRED TO BE FILED. THE COURT WILL NOT ADDRESS MOTIONS THAT HAVE NOT BEEN FILED.

CRITICALCivil cases

Applies to

Ex parte motion to compel

Ex parte motions to compel must reflect compliance with Administrative Order No. 06-09 or will be summarily denied.

EX PARTE MOTIONS TO COMPEL: Before filing an ex-parte motion to compel please make sure you have complied with Eleventh Circuit Court Administrative Order No. 06-09 . Motions that do not reflect compliance with the Administrative Order will be summarily denied.

CRITICALCivil cases

Applies to

Discovery exhibit list witness list

Cases rolled over to the next trial calendar may not add discovery, exhibit lists, or witness lists without leave of the Court.

ALL cases not reached during a trial period will be automatically rolled over to the next trial calendar. FOR ALL CASES ROLLED OVER - No additional discovery, exhibit list, or witness list will be permitted without leave of the Court.

CRITICAL

Applies to

Order or settlement agreement

A resolved matter will not be taken off-calendar unless a copy of the appropriate order or settlement agreement is emailed to the Magistrate.

No matter that has been resolved will be taken off-calendar without a copy of the appropriate ORDER OR SETTLEMENT AGREEMENT being provided via e-mail to the Magistrate.

CRITICAL

Applies to

Checklist certification form

The checklist's certification of compliance must be signed by the lawyer, and counsel who cannot certify compliance must set the matter for a special set hearing.

Please be aware that the checklist contains a certification of compliance which must be signed by the lawyer. If you cannot certify compliance with the requirements listed on the checklist, set the matter for a special set hearing.

CRITICAL

Applies to

Notice of jury trial

The Notice of Jury/Non-Jury Trial must include the length of the trial.

E-file a Notice of Jury/Non-Jury Trial including length of trial.

CRITICAL

Applies to

Emergency petition motion

Emergency petitions/motions must state that opposing counsel was notified in an attempt to resolve the matter amicably.

Emergency Petition/Motion 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

Emergency petition motion

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

The Petition/Motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar.

CRITICAL

Applies to

Proposed order

Proposed orders for matters heard by the court must include the words 'Post Hearing' in the title.

If the matter has been heard by the court, include the words "Post Hearing" in the title of your proposed order.

CRITICAL

Applies to

Petition with proposed order

Petitions filed with proposed orders in courtMAP must include the established checklist certification forms as supporting documents.

As of September 1, 2020, filings of petitions with proposed orders in courtMap must include established checklist certification forms as supporting documents with your submissions.

WARNING

Applies to

Agreed order

When submitting an agreed order, the AGREED order option must be selected in CourtMAP or the order will not be titled 'Agreed'.

If you are submitting an AGREED order, please select the AGREED order option; otherwise, the order will not be titled "Agreed".

WARNING

Applies to

Motion to compel

Counsel must file motions to compel for discovery non-compliance, and the Court may deny continuances if such motions are not filed.

Discovery & Depositions: If parties or witnesses fail to comply, it is Counsel’s responsibility to file Motions to Compel. The Court may deny continuances if such motions are not filed.

WARNINGCriminal cases

Applies to

Trial readiness certification

Counsel must disclose whether there are any Covid-19 related reasons that would prevent the defendant or counsel from participating in an in-person jury trial.

Are there any reasons related to Covid 19 that would render you or your client unable to participate in an in person jury trial? YES ___ NO ___

WARNING

Applies to

Motion for telephonic appearance

Motions for telephonic appearance must state the reason a telephonic hearing is needed and use the proposed order found in 'documents.'

**Motions for telephonic appearance must indicate the reason why a telephonic hearing is needed. Please use the proposed order found in "documents."

WARNING

Applies to

Calendar call scheduling

Parties must confer and select the calendar call date for the corresponding trial period based on the Court's availability.

*Parties shall confer and select the calendar call date for the corresponding trial period based on the Court's availability

WARNING

Applies to

Evidentiary motion

Evidentiary motions must include the word 'Evidentiary' in the motion title when scheduling.

*Evidentiary Hearings: If the motion being scheduled is evidentiary in nature, include "Evidentiary" when entering the title of the motion.

WARNING

Applies to

Case management

Even if exempt from submitting a Case Management Report and Order, parties must still follow the timelines in Administrative Order 21-09.

C. If your case meets any of the exceptions listed above, you must still follow the timeline requirements set forth in the 11th Judicial Circuit Administrative Order 21-09.

WARNING

Applies to

Motion to withdraw as counsel

Motions to withdraw as counsel must identify whether the case is set for trial and whether a final judgment has been entered.

**If submitting a Motion to Withdraw as counsel, please identify if the case is currently set for trial. If a Final Judgment has been entered, please indicate this in your motion.

WARNING

Applies to

Proposed order

The word 'Proposed' must not appear in the title of a proposed order.

*Do not put “Proposed” in the title of the order.

WARNINGCivil cases

Applies to

Exhibits

Each exhibit must be uploaded separately and properly titled with a specific identification (e.g., 'Exh A – Affidavit of John Smith'); a number or letter alone is insufficient.

Each exhibit must be uploaded separately and must be properly titled and specifically identified – (i.e. Exh A –Affidavit of John Smith) NOTE: It is insufficient to identify the exhibits by just using a number or letter.

WARNING

Applies to

Agreed order

An agreed order must include the words “Agreed Order” in its title.

Agreed Orders must clearly state "Agreed Order" in the title.

WARNINGCivil cases

Applies to

Notice of new address

The client must file a notice of new address with the Clerk of the Court.

Client is responsible for updating the foregoing address by filing a notice of new address with the Clerk of the Court and providing a copy to opposing counsel.

WARNING

Applies to

Notice of cancellation

Attorneys and self-represented litigants who schedule hearings must cancel them themselves.

Hearings scheduled by attorneys or pro se litigants must also be cancelled by them.

WARNING

Applies to

Exhibits

The exhibits should be marked 1, 2, 3 etc. for those associated to the petitioner and A, B, C etc. for those associated to the respondent.

The exhibits should be marked 1, 2, 3 etc. for those associated to the petitioner and A, B, C etc. for those associated to the respondent.

WARNING

Applies to

Notice of hearing

If a hearing is unilaterally scheduled after failed coordination, the Notice of Hearing must state that the hearing was unilaterally scheduled.

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.

WARNING

Applies to

Hearing request email

Must include

case number, proposed order

The hearing-date email must include the case number in its subject line and the motion; an applicable proposed order must be in Microsoft Word format.

The e-mail must include the case number in the subject line, motion seeking to be heard and a proposed Order, (if applicable) in Microsoft Word format.

WARNING

Applies to

Hearing date request email

Must include

proposed order

A hearing-date request email must include the case number in its subject line and the motion; any applicable proposed order must be in Microsoft Word format.

The e-mail must include the case number in the subject line, motion seeking to be heard and a proposed Order, (if applicable) in Microsoft Word format.

WARNING

Applies to

Evidentiary motion

For a criminal evidentiary motion requiring testimony or evidence, counsel, the defendant, and intended witnesses must appear in person.

If the motion is an evidentiary motion, (ie: one which requires testimony or evidence of any kind) counsel, the defendant, and any witnesses the parties wish to call are required to appear IN-PERSON.

WARNING

A party seeking an exception to the in-person appearance requirement must comply with Florida Rule of Criminal Procedure 3.116(d)(2).

If a party is seeking an exception to the in-person appearance requirement, parties must comply with Fla. R. Crim. Pro 3.116(d)(2).

WARNING

Applies to

Notice of hearing

The Notice of Hearing must clearly state that the hearing was set unilaterally after good-faith coordination efforts failed.

The Notice of Hearing must clearly state that the hearing was set unilaterally after good-faith efforts to coordinate with the opposing party were unsuccessful.