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

CRITICAL

Applies to

Notice of hearing

The setting party must e-file and serve a Notice of Hearing that includes the pleading’s full title, docket index number, and Zoom link.

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

Hearing request

The setting party must list each pleading’s full title and docket index number and state whether the hearing is evidentiary; otherwise, 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

Lost note submission

An Indemnity Bond is required for any lost note.

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

CRITICAL

Applies to

Proposed order

A proposed order must include the docket index number for the underlying petition or 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

Emergency petition or motion

An emergency petition or motion must certify that the matter is a true emergency that cannot wait for a Special Set hearing.

-a certification that the matter is a true emergency and cannot wait to be heard during a special set hearing.

CRITICAL

Applies to

Petition or motion for case management conference

To schedule a CMC, file a petition or motion identifying the issues and ensure it appears on the Clerk’s docket before setting it through courtMAP.

CMC – 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.  Once the petition/motion is filed and it appears on the Clerk of Court’s docket, same may be set for hearing directly via courtMAP under the court's Motion Calendar hearing slot.

CRITICAL

Applies to

Emergency petition or motion

An emergency petition or motion must state that opposing counsel was notified in an attempt to resolve the matter amicably.

-a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.

CRITICAL

Applies to

Motion to increase or reduce bond

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.

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.

CRITICAL

Applies to

Jac motion to declare indigent for costs

Must include

proposed order

JAC motions to declare the defendant indigent for costs 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.

CRITICAL

Applies to

Motion to modify or terminate probation

A motion to modify or terminate probation/community control must 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.

CRITICAL

Applies to

Motion for early termination of probation

The Court 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.

CRITICALCivil cases

Applies to

Special set motion

All motions must be filed with the Clerk before a special set hearing is scheduled.

* All motions MUST be filed with the Clerk prior to scheduling a special set hearing.

CRITICALCivil cases

Applies to

Motion

A written motion must be filed.

A WRITTEN MOTION IS REQUIRED TO BE FILED.

CRITICALCivil cases

Applies to

Order submission

An order submission must include the motion as a separate supporting document, other necessary documents, and a cover letter.

A copy of the Motion MUST be attached separate and apart from the Order (as a supporting document), along with any other necessary document and a cover letter.

CRITICALCivil cases

Applies to

Order

After a virtual hearing, submit orders reflecting the ruling through CourtMAP daily, with language agreed by all parties and a cover letter stating the hearing date and time.

After a virtual Hearing (ZOOM): All Orders reflecting the Judge's ruling MUST be submitted via CourtMAP DAILY. The language MUST be agreed by ALL PARTIES. Attach a COVER LETTER, indicating date/time of the hearing that was heard.

CRITICALCriminal cases

Applies to

Jac indigency motion

Must include

proposed order

A JAC motion to declare the defendant indigent for costs must be submitted 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 at bmartinez@jud11.flcourts.org.

CRITICALCriminal cases

Applies to

Motion

The original motion and Notice of Hearing must be filed with the clerk's office, and because e-filed motions are not forwarded to Judge Young, copies must also be provided to chambers.

The original motion & NOH must be filed with the clerk's office. (NOTE) – The Clerk's Office does not provide Judge Young with copies of the motions which counsel submits through E-filing.

CRITICAL

Applies to

Schedule of assets

In asset-division cases, each party must file a sworn, affidavit-form Schedule of Assets concurrently with the Pre-trial Catalogue.

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. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.

CRITICAL

Applies to

Notice of readiness

The Notice of Readiness must state the specific issues to be tried (e.g., timesharing, alimony, child support).

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

CRITICAL

Applies to

Pretrial catalogue

A current, fully executed financial affidavit (Form 12.901(d) or (e)) must be attached to the Pre-trial Catalogue and exchanged with the 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

Applies to

Schedule of debts

In debt-division cases, each party must file a sworn, affidavit-form Schedule of Debts concurrently with the Pre-trial Catalogue.

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

CRITICAL

Applies to

Order granting motion to withdraw

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

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

CRITICAL

Applies to

Pretrial catalogue

The Pre-trial Catalogue's witness list must include names, addresses and brief testimony summaries (including rebuttal, impeachment and specified expert witnesses), and unlisted witnesses will not be called except for 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

Applies to

Pretrial catalogue

The Pre-trial Catalogue shall contain the following information:

The Pre-trial Catalogue shall contain the following information:

CRITICAL

Applies to

Mandatory disclosure

A certificate of compliance under Rule 12.285(j) must be filed with the mandatory disclosure.

accompanied by the filing of a certificate of compliance as required by Rule 12.285(j).

CRITICAL

Applies to

Motion to continue trial

Motions to continue the 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

Notice of hearing

The moving party must prepare the Notice of Hearing after the UFC Judicial Assistant confirms the hearing date and time.

The moving party is responsible for preparing a Notice of Hearing once the UFC JA has confirmed the date and time of the hearing.

CRITICALCivil cases

Applies to

Calendar call

Each party must bring hard copies of motions in limine, joint pretrial stipulations, joint pretrial catalog, and proposed jury instructions to Calendar Call.

Each party shall bring to the Calendar Call a hard copy of the following: All Motions in Limine; The Joint Pretrial Stipulations; The Joint Pretrial Catalog; and Proposed Jury Instructions.

CRITICALCivil cases

Applies to

Letter requesting add on

Add-ons to special set hearings require the Judge's prior consent, requested via letter with the motion through CourtMap.

ADD-ONS: No add-ons are permitted without prior consent of the Judge. Submit a letter with the Motion for approval through CourtMap

CRITICALCivil cases

Applies to

Courtmap submission

CourtMap submissions must include motions, necessary affidavits, and proof of service when seeking a final judgment.

CourtMap submissions: must include motions and any necessary affidavits including proof of service if you are asking for a Final Judgment.

CRITICAL

Applies to

Motion

To set a hearing on a motion for attorney's fees the moving party must have a signed Judgment, Order of Dismissal of All Issues Based on Confession of Judgment Reserving the Right to Enforcement of Confession and to Seek Attorney's Fees and Costs, Stipulation of Settlement and the Order of Dismissal Reserving the Right to Enforcement of Settlement and to Seek Attorney Fees and Costs, and/or Order Granting Entitlement to Attorney's Fees and Costs as well as a signed PRELIMINARY ORDER REGARDING HEARING ON MOTION TO TAX COSTS AND AWARD ATTORNEY'S FEES, (PRE-FEE.

FEES:** To set a hearing on a motion for attorney's fees the moving party must have a signed Judgment, Order of Dismissal of All Issues Based on Confession of Judgment Reserving the Right to Enforcement of Confession and to Seek Attorney's Fees and Costs, Stipulation of Settlement and the Order of Dismissal Reserving the Right to Enforcement of Settlement and to Seek Attorney Fees and Costs, and/or Order Granting Entitlement to Attorney's Fees and Costs as well as a signed **PRELIMINARY ORDER REGARDING HEARING ON MOTION TO TAX COSTS AND AWARD ATTORNEY'S FEES, (PRE-FEE

CRITICALCivil cases

Applies to

Motion

Motions must be filed with the Clerk of Court before requesting a special set hearing.

All Motions MUST be filed with the Clerk of Court prior to requesting a Special Set Hearing.

CRITICAL

Applies to

Evidence

Evidence must be filed per the stated directions or the hearing will be canceled.

The evidence must be filed in accordance with the directions above or the hearing will be canceled without exception.

CRITICALCivil cases

Applies to

Motion for telephonic appearance

Must include

proposed order

Telephonic appearance requests must be submitted via CourtMap with a motion stating date, time, length, hearing type, reason, and a proposed order.

Telephonic Appearances: To appear by phone please submit your motion with the date, time, length and the type of hearing and the reason why you cannot make it in person along with proposed order via CourtMap

CRITICAL

Applies to

Stipulation waiver pre trial hearing

To waive presence at the pre-trial hearing, parties must file a paper copy of the Stipulation/Waiver.

To waive presence at the pre-trial hearing the parties must file a paper copy of the Stipulation/Waiver of Pre-Trial Hearing, Order Invoking the Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Calendar call

Only trial counsel may appear at Calendar Call; coverage counsel is prohibited.

Only the attorneys who will personally try the case are permitted to appear. Coverage counsel may not appear on behalf of any party.

CRITICAL

Applies to

Stipulation waiver pre trial hearing

Must include

proposed order

A stipulation and proposed order must be filed to waive pre-trial hearing.

Stipulation and proposed order filed through CourtMap, must be filed at least five (5) business days prior to the hearing or the attorneys must appear in court with paper copies.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must include ZOOM hearing information when necessary.

A Notice of Hearing must be prepared and e-Filed through the State e-Filing Portal for each motion scheduled and must include the ZOOM hearing information if necessary.

CRITICALCivil cases

Applies to

Motion for telephonic appearance

Telephonic appearance is prohibited at non-jury trials, jury trials, and evidentiary hearings except upon a timely motion establishing good cause.

The Court does not permit telephonic appearance for Non-Jury Trials, Jury Trials or Evidentiary hearings except under a timely filed motion establishing good cause, the Court will evaluate each request on a case-by-case basis.

CRITICALCivil cases

Applies to

Notice of hearing

For the Motion Calendar, the notice of hearing and motion must be filed with the Clerk, only one motion is allowed, and the notice must specify the coordinated party and motion details.

In order for your matter to be added to Judge Diana Gonzalez-Whyte’s Motion Calendar, the Notice of Hearing and Motion(s) MUST: (1) Be filed with the Clerk (2) Only one motion is allowed. (3) The Name of the person the hearing was coordinated to on the notice (the Notice of Hearing must specify the discovery motions and the date each were filed).

CRITICAL

Applies to

Notice of hearing

Must include

certificate of conference

Every party scheduling a uniform motion calendar hearing must include the specified good faith certification in the body of the notice of hearing.

To comply with the above good faith certification, every party scheduling a motion for a uniform motion calendar hearing shall execute the following certification must be included in the body of the notice of hearing: ### I hereby certify that: 1. the movant has conferred regarding scheduling the date of the motion with all parties; 2. the movant has already/will confer with opposing party regarding the relief request; and 3. the issues can be resolved on the court's motion calendar.

CRITICAL

Applies to

Stipulation of settlement

Counsel must immediately notify the Court of settlement and submit a Stipulation of Settlement and Order of Dismissal.

Counsel shall immediately notify this Court in the event of settlement and submit a Stipulation of Settlement and Order of Dismissal.

CRITICALCivil cases

Applies to

Calendar call

Attorneys must meet and confer before Calendar Call, and all Calendar Calls are conducted in person.

Attorneys are required to meet and confer prior to the Calendar Call. All Calendar Calls shall be conducted in person.

CRITICAL

Applies to

Stipulation waiver pre trial hearing

Parties must use the court's forms for the stipulation/waiver, available on the website or via the J.A.

Parties must use the court's forms which are available on the website or by contacting the J.A.

CRITICAL

Applies to

Order

**Motions and any required affidavits must be submitted; filing an order without a motion in most cases will result in a rejection.**

**Motions and any required affidavits must be submitted; filing an order without a motion in most cases will result in a rejection.**

CRITICAL

Applies to

Uncontested hearing request

Uncontested hearing requests without all required supporting documents bearing an e-file stamp will be rejected.

All requests for Uncontested hearings without these supporting documents with an e-file stamp will be rejected.

CRITICAL

Applies to

Proposed order

Proposed orders submitted without the required cover letter are treated as ex parte communications and will not be read by the judge.

ALL PROPOSED ORDERS SENT WITHOUT THE ABOVE COVER LETTER ARE CONSIDERED EXPARTE COMMUNICATIONS AND WILL NOT BE READ BY THE JUDGE.

CRITICAL

Applies to

Marital settlement agreement

Must include

proposed order

Parties reaching settlement must immediately file a notarized MSA/PP, submit a proposed final judgment via CourtMap, and contact chambers; otherwise all parties must appear ready for trial.

Parties that have reached an agreement must immediately file an MSA and/or PP(If applicable) signed by both parties and notarized Submit a Proposed FJ through CourtMap Contact chambers to advise of the settlement and submission to CourtMap

CRITICAL

Applies to

Proposed order

All CourtMAP submissions must include a cover letter.

ALL COURTMAP submissions MUST include a COVER LETTER.

CRITICAL

Applies to

Emergency motion

Emergency motions must be uploaded to CourtMAP after filing and must include a statement that opposing counsel was notified in an attempt to resolve the matter amicably.

EMERGENCY MOTIONS MUST BE UPLOADED VIA COURTMAP ONCE FILED AND MUST CONTAIN A STATEMENT INDICATING THAT OPPOSING COUNSEL HAS BEEN NOTIFIFIED IN AN ATTEMPT TO RESOLVE THE MATTER IN AN AMICABLE MANNER.