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

CRITICALCivil cases

Applies to

Certification of trial readiness

At the conclusion of the pre-trial conference, the parties and court must certify that the case is at issue, discovery and all motions are complete, jury instructions are finalized, exhibits and witness lists are exchanged, and the trial length is estimated.

At the conclusion of the pre-trial conference, the parties and the court must certify the following: a. The case is at issue. b. All discovery is completed. c. All dispositive motions have been filed, heard, and ruled upon. d. All pre-trial motions have been filed, heard, and ruled upon. e. Jury instructions have been filed, argued, and the form and content of jury instructions are finalized (to the extent possible) by the court. f. Exhibits have been exchanged, pre-marked, and stipulated where appropriate. g. Witness lists have been exchanged, and all witnesses are available and secured for trial. THE TRIAL PERIOD SHALL BE EITHER 1 or 2 weeks, AS DETERMINED BY THE TRIAL JUDGE. CERTIFICATION OF READINESS REQUIRES THE PARTIES, ATTORNEYS, AND WITNESSES TO BE AVAILABLE FOR THE ENTIRE TRIAL PERIOD. h. An estimated length of trial from commencement through charging the jury, stated as a number of hours.

CRITICAL

Applies to

Evidence

Each party must present its evidence and bring physical copies to the hearing.

It is each party’s responsibility to present evidence to the court and bring physical copies the day of the hearing.

CRITICAL

Applies to

Hearing date request email

Must include

proposed order

The hearing-date request email must include the motion to be heard and a proposed order.

The e-mail must include the motion seeking to be heard and a proposed Order.

CRITICAL

Applies to

Motion under Fla Fam L R P 12.407

Children may not testify unless a motion under Fla. Fam. L. R. P. 12.407 is filed and an order allowing the testimony is granted before the hearing.

Children are NOT permitted to testify UNLESS a motion is filed pursuant to Fla.Fam.L.R.P.12.407, and an order allowing the testimony is granted, prior to the hearing.

CRITICAL

Applies to

Evidence

All evidence a party seeks to introduce must be in English or translated into English.

All evidence a party is seeking to introduce must be in English or translated into English.

CRITICAL

Applies to

Proposed order

Proposed orders submitted without a cover letter indicating service on the opposing party are treated as ex parte communications and will not be read by the judge.

ALL PROPOSED ORDERS SENT WITHOUT A COVER LETTER INDICATING THAT IT HAS BEEN SENT TO THE OPPOSING PARTY ARE CONSIDERED EXPARTE COMMUNICATIONS AND WILL NOT BE READ BY THE JUDGE.

CRITICAL

Applies to

Marital settlement agreement

Parties that settle must immediately file a signed and notarized MSA and/or Parenting Plan (if applicable).

Parties that have reached an agreement must immediately file an MSA and/or PP(If applicable) signed by both parties and notarized

CRITICAL

Applies to

Proposed order

Every COURTMAP submission must include a cover letter.

ALL COURTMAP submissions MUST include a COVER LETTER.

CRITICAL

Applies to

Motion calendar hearing setting

On COURTMAP, coordinate with opposing party and select the date to have the motion heard. Once a date is agreed upon you may set the hearing using in the Motion Calendar slot. As supporting documents, attach the motion and any responses with an e-file stamp. You may unilaterally set on calendar If unable to agree upon a date with opposing side.

On COURTMAP, coordinate with opposing party and select the date to have the motion heard. Once a date is agreed upon you may set the hearing using in the Motion Calendar slot. As supporting documents, attach the motion and any responses with an e-file stamp. You may unilaterally set on calendar If unable to agree upon a date with opposing side.

CRITICAL

Applies to

Special set hearing request

CourtMap special set hearing requests must attach the filed motion and request for hearing with an e-file stamp, and settings lacking these supporting documents will be rejected.

Once a date is agreed upon by all parties, request date on CourtMap, be sure to attach filed Motion and request for hearing form (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

Uncontested divorce final judgment

Before seeking an uncontested divorce final judgment, the six required pleadings must be filed with the Clerk and on the docket, and must not be submitted as supporting documents in CourtMap.

Please do not submit any of the following 6 pleadings as supporting documents in CourtMap. Please make sure that the following documents have been filed with the Clerk of Courts and are reflected on the docket: 1. Petition and/or Counter Petition 2. Answer or Answer/Waiver 3. Financial Affidavits 4. UCCJEA Affidavit (If applicable) 5. Marital Settlement Agreement and/or Parenting Plan 6. Affidavit that MSA and/or PP in best interest of child, signed by both parties and notarized.

CRITICAL

Applies to

Notice of hearing

Notice of Hearing must be included as a supporting document in the COURTMAP hearing setting for the Remote 5-Minute Motion Calendar.

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

CRITICAL

Applies to

Proposed final judgment

Must include

proposed order

Settling parties must submit a Proposed Final Judgment through CourtMap; unless these settlement steps are taken and the FJ is approved, all parties are expected to appear in court ready for trial.

Submit a Proposed FJ through CourtMap

CRITICAL

Applies to

Cover letter

The COURTMAP cover letter must state whether the matter has been heard, the hearing date (if heard), the title of the motion, that the proposed order was sent to the opposing party, and whether the opposing party agrees.

The COVER LETTER MUST address the following: - Whether the matter has been heard - Date of the hearing (if previously heard) - Title of the motion - The proposed order has been sent to the opposing party - Whether opposing party agrees with the proposed order

CRITICAL

Applies to

Proposed order

Proposed orders must clearly display the motion title, filing date, and docket index number (or e-filing number if not yet docketed) before the body of the order, or the order will be rejected under Administrative Order 22-02.

Administrative Order 22-02 requires that BEFORE the body of the proposed order, three items must be clearly displayed: the title of the motion that was filed, the date the motion was filed and the docket index number (or the e-filing number if not yet docketed). Failure to comply with Admin 22-02 will result in the Proposed Order being REJECTED.

CRITICAL

Applies to

Motion waiving pretrial conference

Must include

proposed order

Attorneys seeking a waiver of the pre-trial must file an appropriate motion and submit an agreed order via courtMAP.

Attorneys requesting for a waiver of pre-trial, must file an appropriate Motion and submit an Agreed Orders via courtMAP.

CRITICAL

Applies to

Proposed order

Every proposed order must correspond to an e-filed and/or docketed motion or pleading.

All Orders must match to an e-filed and/or docketed Motion or Pleading.

CRITICAL

Applies to

Proposed order

Proposed orders must include Index #, Date Filed, and Motion Titled before the body of the order per Administrative Order 22-02, and will be rejected unless the corresponding motion is docketed or time-stamped filed documents are submitted via courtMAP.

When submitting a proposed order, before beginning the body of the order please insert the following THREE items: Index # Date Filed Motion Titled Required Notation in Compliance with Admin Rule 22-2 Therefore, orders will be rejected unless the corresponding motion is docketed by the Clerk (default final judgments, motions for final judgment in garnishments, etc.) or unless the time-stamped filed documents are submitted via courtMAP.

CRITICAL

Applies to

Notice of unilaterally set hearing

A matter may be set unilaterally only after reasonable unsuccessful attempts to reach the opposing party, and the notice must state that the matter was set unilaterally after good faith efforts to reach the opposing party were unsuccessful.

A party may request to set a matter unilaterally only if reasonable attempts to reach the opposing party have been unsuccessful and the opposing party has been given reasonable opportunity to respond. After receiving a date and time for a unilaterally set hearing, the notice must include the language that undersigned set this matter unilaterally after good faith efforts to reach the opposing party were unsuccessful.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Any motion submitted without a certificate of conferral will be rejected by the Court without prejudice.

ANY MOTION submitted without a certificate of conferral will be rejected by the Court without prejudice.

CRITICAL

Applies to

Proposed order

Proposed orders submitted in CourtMap must include a cover letter describing the requested action, case history, and the Court's prior ruling.

Proposed orders submitted in CourtMap shall include a cover letter describing the action requested of the Court with sufficient case history regarding that motion and the Court's prior ruling.

CRITICAL

Applies to

Proposed order

Every Proposed/Agreed Order submission must include a cover letter indicating the Judge's ruling, the hearing date, and other pertinent information.

Cover Letter Required with All Submissions: If required to submit a Proposed/Agreed Order, include a cover letter indicating the Judge's ruling and when the hearing was held, and any other pertinent information.

CRITICALCivil cases

Applies to

Order of dismissal

Orders of dismissal must specify whether the dismissal applies to an individual defendant or all defendants, or the court may dismiss the entire case.

When submitting an Order of Dismissal, specify whether the Dismissal applies to an individual Defendant or all Defendants, Failure to do so may cause the Court to enter an Order Dismissing the entire case.

CRITICALCivil cases

Applies to

Exhibits

Both parties must submit a corresponding exhibit list with their exhibits to the clerk.

Both sides need to present a corresponding exhibit list with their exhibits to the clerk.

CRITICALCivil cases

Applies to

Order setting or resetting sale date

Orders setting or resetting sale dates must contain the sale date when submitted through courtMAP, and parties must contact the office for dates before submitting.

All orders setting/resetting sale dates shall contain sale date when submitted through courtMAP, please contact office for dates before submitting through courtMap.

CRITICALCivil cases

Applies to

Emergency motion

Must include

proposed order

An emergency motion submission must include both the motion and a proposed order uploaded to courtMAP.

Emergency Motions must be submitted through courtMAP (both Motion and Proposed Order must be uploaded).

CRITICALCivil cases

Applies to

Motion for default

Must include

certificate of service

Motions for default must be submitted with proof of service, affidavit of diligent search, proof of publication where service is by publication, and non-military affidavit(s).

Motions for default must be submitted with proof of service, affidavit of diligent search and proof of publication (where service is by publication) and non-military affidavit(s).

CRITICAL

Applies to

Motion to determine confidentiality

a written motion captioned “Motion to Determine Confidentiality of Court Records” may be made

a written motion captioned “Motion to Determine Confidentiality of Court Records” may be made

CRITICAL

Applies to

Motion to determine confidentiality

The Motion to Determine Confidentiality must include standards for determining the records to be confidential (this requirement is only partially visible in the provided text).

standards for determining such court records to be confidential; and

CRITICAL

Applies to

Motion to determine confidentiality

The Motion to Determine Confidentiality must include a signed certification by the party or attorney 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.

CRITICAL

Applies to

Motion to determine confidentiality of appellate records

In noncriminal cases, a motion to determine the confidentiality of appellate court records 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.

CRITICAL

Applies to

Order determining confidentiality

An order determining confidentiality must identify the Rule 2.420(c) grounds, any confidential party names and the substituted pseudonyms, 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;

CRITICAL

Applies to

Document containing confidential information

Any person filing a document containing confidential information must file a 'Notice of Confidential Information within Court Filing' 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.” A form “Notice of Confidential Information within Court Filing” is attached to this Administrative Order. See Attachment “A.”

CRITICAL

Applies to

Order authorizing sealing

A sealing order must include findings that no less restrictive measure is available and that the confidentiality imposed is no broader than necessary.

The Court further finds that no less restrictive measure is available to protect this/these interest(s), and that the degree, duration and manner of confidentiality ordered herein are no broader than necessary to protect the interest(s).

CRITICAL

Applies to

Motion to determine confidentiality of appellate records

Motions to determine the confidentiality of appellate court records must follow the guidelines in Rule 2.420(g)(1)–(9).

The guidelines to file a motion to determine the confidentiality of appellate court records shall be followed as provided for in Rule 2.420(g)(1)–(9) of the Florida Rules of Judicial Administration.

CRITICAL

Applies to

Motion to determine confidentiality

The Motion to Determine Confidentiality must specify the bases for determining that the records are confidential.

specify the bases for determining that such court records are confidential;

CRITICAL

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 the court, stating the bases with as much specificity as possible 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.

CRITICAL

Applies to

Notice of confidential information

At the time of filing, the filer must indicate whether the document contains confidential information, identify the applicable confidentiality provision, and identify the precise location of that 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.

CRITICAL

Applies to

Request for access to records

A request for access to records must be in writing, directed to the custodian, and specific enough 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.

CRITICAL

Applies to

Notice of entry of order authorizing sealing

The case style must be included on the notice only when documents alone were sealed; it must be redacted when a file, the file and docket, or a party's identity was sealed.

NOTE: INCLUDE CASE STYLE ONLY IN CASES WHERE A DOCUMENT OR DOCUMENTS ALONE HAVE BEEN SEALED. IN CASES WHERE A FILE, FILE AND DOCKET, OR A PARTY'S IDENTITY HAS BEEN SEALED, REDACT THE CASE STYLE.

CRITICAL

Applies to

Nonparty motion to vacate confidentiality order

When the underlying order makes party names or addresses confidential, the motion's 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.”

CRITICAL

Applies to

Order determining confidentiality

The confidentiality 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.

CRITICAL

Applies to

Motion to determine confidentiality

The Motion to Determine Confidentiality must identify the specific court records at issue with as much specificity as possible without revealing the protected information.

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;

CRITICALCivil cases

Applies to

Motion to permit minor testimony

Children may not testify unless a motion under Fla. Fam. L. R. P. 12.407 is filed and an order permitting the testimony is granted before the hearing.

Children are NOT permitted to testify UNLESS a motion is filed pursuant to Fla.Fam.L.R.P.12.407, and an order allowing the testimony is granted, prior to the hearing.

CRITICALCivil cases

Applies to

Evidentiary exhibits

You should bring with you to the courthouse any evidence you intend to present during the hearing. Filing exhibits in advance or emailing the evidence to the court is not enough. Just because you bring evidence does not mean the court will be able to consider the evidence.

You should bring with you to the courthouse any evidence you intend to present during the hearing. Filing exhibits in advance or emailing the evidence to the court is not enough. Just because you bring evidence does not mean the court will be able to consider the evidence.

CRITICALCivil cases

Applies to

Acknowledgment of paternity

Must include

case number

A father seeking temporary visitation who has not legally established paternity or was not married to the child's mother at birth must complete an Acknowledgment of Paternity form and email it to mpasternack@jud11.flcourts.org with his case number and name in the subject line.

Any father seeking an order for temporary visitation, who has not had paternity legally established or who was not married to the child's mother at the time of the child's birth, must fill out an Acknowledgment of Paternity form and email the form to the case manager at mpasternack@jud11.flcourts.org. Please include your case number and your name in the subject line of the email.

CRITICALCivil cases

Applies to

Firearm affidavit

Must include

case number

Respondents must fill out a Firearm Affidavit form describing any and all firearms and ammunition in their possession and email the form to danlopez@jud11.flcourts.org and. Include your case number and your name in the subject line of the email.

Respondents must fill out a Firearm Affidavit form describing any and all firearms and ammunition in their possession and email the form to danlopez@jud11.flcourts.org and. Include your case number and your name in the subject line of the email.

CRITICALCivil cases

Applies to

Short form financial affidavit

Must include

case number

When temporary support is alleged in the pleadings, both parties must complete a Short Form Financial Affidavit and email it to mpasternack@jud11.flcourts.org with their case number and name in the subject line.

In cases where temporary support issues have been alleged in the pleadings, both parties must fill out a Short Form Financial Affidavit and email the form to the case manager at mpasternack@jud11.flcourts.org. Please include your case number and your name in the subject line of the email.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must state the title(s) of the motion(s) to be heard and the motion's filing date; the Court does not issue notices for motion calendars but emails a Zoom link before the hearing.

The Notice of Hearing must contain the title(s) of the motion(s) to be heard and the date that the motion was filed. The Court will not issue a Notice for Motion Calendars, but an email with the Zoom link will be generated before the hearing.

CRITICAL

Applies to

Ex parte motion to compel

Ex parte motions to compel must comply with Administrative Order 06-09 and Rule 1.202 (including the 7-day waiting requirement) and must state the date discovery was served and the date the motion was filed.

Ex-parte motions to compel (including both discovery and compliance with the attorney’s fees order) must comply with Administrative Order 06-09 (and Florida Rule of Civil Procedure 1.202), including the requirement of waiting 7 days, and must reflect the date discovery was served (date or docket #), and when the motion to compel was filed (date or docket #).