Eleventh Judicial Circuit of Florida, Miami-Dade County Filing Timing and Cure Windows

Hearing requests must be received no later than noon on Friday to make the following Wednesday's calendar.

All hearing requests must be received no later than noon on Friday for them to make the following Wednesday's calendar.

Motions in limine must be filed the Friday before trial, with a copy sent to chambers by fax or email.

For in motions in limine, file the Friday before the trial, send copy to chambers by facsimile or e-mail.

Deadline

10 calendar days

Suppression motions must be filed well in advance of trial and no later than 10 days before trial.

All motions must de filed well in advanced of trial and no later than 10 days prior to trial.

Motions filed on the date of trial will result in a continuance attributed to the filing party or the motion being stricken.

Filing of motions the date of trial will result in a continuance attributed to the filing party, or the motion will be striken.

Motions in limine must be filed in writing by the Friday before trial, and failure to do so absent good cause is sufficient basis for the Court to deny the motion.

MOTIONS IN LIMINE: Motions in Limine must be filed in writing the Friday before trial. Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.

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.

Deadline

10 calendar days

Filed information may be held confidential for no more than 10 days unless the filer files a motion under Rule 2.420(d)(3).

The information shall not be held as confidential for more than 10 days, unless the filer has filed a motion pursuant to Rule 2.420(d)(3) of the Florida Rules of Judicial Administration.

Deadline

10 calendar days

Within 10 days after entry of an order granting in whole or in part a motion to determine confidentiality, the clerk must post the order on the clerk's website and in a prominent public courthouse location.

Except as provided by law or court rule, notice must be given of any order granting in whole or in part a motion made under Rule 2.420(e)(1) of the Florida Rules of Judicial Administration in the following manner: (1) Within 10 days following the entry of the order, the clerk of court must post a copy of the order on the clerk's website and in a prominent public location in the courthouse;

Deadline

10 calendar days

Records identified as containing confidential information may not be held as confidential for more than 10 days unless a motion is filed pursuant to Rule 2.420(d)(3).

The clerk shall notify the filer in writing within 5 days if the clerk determines that the information is NOT subject to confidentiality, and the records shall not be held as confidential for more than 10 days, unless a motion is filed pursuant to subdivision (d)(3) of the Rule. Fla. R. Jud. Admin. 2.420(d)(2).

Motions in limine must be filed in writing by the Thursday before trial or risk denial absent good cause.

Motions in Limine must be filed in writing the Thursday before trial. Failure to do so, absent of good cause, is sufficient basis for the Court to deny the Motion.

Deadline

10 calendar days

Suppression motions must be filed no later than 10 days before trial and will be heard the week of trial unless the Court sets a special set date.

All motions must be filed well in advance of trial and no later than 10 days prior to trial. They will be heard the week of trial unless the Court indicates other wise and sets a special set date.

Filing a suppression motion on the date of trial results in a continuance attributed to the filing party.

Filing of motions the date of trial will result in a continuance attributed to the filing party.

Deadline

5 business days

All motions and memoranda must be submitted at least 5 business days before the scheduled special set hearing date.

** All Motions and Memoranda MUST be submitted 5 BUSINESS DAYS in ADVANCE of Scheduled Special Set Hearing date. **

Motions in limine must be filed in writing by the Friday before trial; failure to do so absent good cause is grounds for denial.

LIMINE MOTIONS: Motions in Limine must be filed in writing the Friday before trial. Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.

Motions in limine must be filed in writing no later than the Wednesday before trial, and untimely filing absent good cause is grounds for denial.

Motions in Limine must be filed in writing no later than the Wednesday before trial. Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.

Deadline

24 hours

All parties must respond to proposed hearing dates within 24 hours, or the date will be released to another case and the Court may set the matter without considering the parties' calendars.

If the Court does not receive a response from all parties within twenty-four (24) hours, the date provided will be released to another case. Failure to respond may also result in the Court setting the matter without consideration of the parties' calendars.

Hearings on dispositive motions and trial matters must be filed and heard before the pre-trial conference per the Case Management Order, and no hearings involving trial, MSJ, or MIL matters will be heard during the actual trial period.

All hearings related to dispositive motions and trial matters must be filed and heard prior to the pre-trial conference pursuant to the deadlines set forth in the Court’s Case Management Order Setting Case for Trial. Motions in Limine (MIL) are governed by Section XX infra. Motions for Summary Judgment (MSJ) are governed by Section XV infra. NO HEARINGS DIRECTED TOWARDS MATTERS INVOLVING THE TRIAL, MSJ, OR MIL WILL BE HEARD DURING THE ACTUAL TRIAL PERIOD absent unanticipated events occurring.

Deadline

150 calendar days

Written CME requests must be made no later than 150 days before the pretrial date to allow time for objections, hearings, and resetting.

If examinations under these rules are requested such written request should be made no later than 150 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.

Deadline

30 calendar days

Objections to a Rule 1.360(a)(1)(A) examination must be filed within 30 days of the written request, assuming service of process occurred at least 15 days before the request was served.

Objections to "Examination of Persons" under Fla. R. Civ. P 1.360(a)(l)(A) must be filed no later than thirty (30) days from the written request assuming service of process has occurred at least fifteen (15) days prior to the request being served.

A hearing must be immediately requested on any filed CME objection, and failure to set the objection for immediate hearing is deemed abandonment of the request.

A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an "Abandonment of the Request" under the rules.

MILs will not be heard during trial and must be heard no later than the deadline set forth in the case management order or the order setting case for trial.

MIL will not be heard during the trial later than the deadline set forth in the case management order or the order setting case for trial.

MILs not timely filed, not discussed at the meet and confer, and (if unresolved) not set for hearing are considered abandoned, and the Court may summarily rule on MILs lacking particularity.

The Court may summarily rule on any MIL not written with particularity as described above. Any MIL not timely filed and/or not discussed by counsel at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.

Orders counsel are asked to prepare following motion calendar must be drafted, circulated to opposing counsel, and submitted via courtMAP by close of business or the Court-provided date.

If counsel is asked to prepare an order, following motion calendar, the order should be drafted and circulated to opposing counsel and submitted to the Court, via courtMAP, by close of business, or the date provided by the Court.

Deadline

48 hours

Documents and evidence must be e-filed no later than 48 hours before the hearing, with five days before preferred.

At least 48 hours prior to hearing and preferably five days prior to hearing, all documents and/or evidence needs to be e-filed and a copy scanned and sent directly to the Judicial Assistant and opposing counsel.

Deadline

5 calendar days

Pretrial motions in limine and any motion requiring an evidentiary hearing must be filed at least five days before trial.

All pretrial motions in limine, and any motion requiring an evidentiary hearing shall be filed and served upon opposing counsel at least five (5) days prior to trial.

Motions in limine that do not require an evidentiary hearing must be filed in writing the Friday before trial, and failure to do so absent good cause is sufficient basis for denial.

Otherwise, Motions in Limine that do not require an evidentiary hearing, must be filed in writing the Friday before trial. Failure to do so, absent good cause, will be a sufficient basis for the Court to deny the motion.

Deadline

10 calendar days

Suppression motions must be filed at least 10 days before trial; late filing on the trial date may result in a continuance attributed to the filing party.

All motions must be filed well in advance of trial and no later than 10 days prior to trial. Judge Altfield's judicial assistant will place the case on calendar soon thereafter so the parties can select a special set date and time for the hearing. Otherwise, the motion will be heard the week of trial if the court is unable to hear the motion before the trial week. The filing of suppression motions on the date of trial may result in a continuance attributed to the filing party.

Motions to compel must be filed within a reasonable time before the hearing so opposing counsel can prepare.

Motions to compel should be filed and served within a reasonable time before hearing, to permit opposing counsel an opportunity to prepare for the hearing and/or obtain the discovery being requested.

Deadline

24 hours

Judge Miranda strongly encourages (but does not require) parties to provide videos, transcripts, and other Arthur Hearing evidence at least 24 hours before the hearing, and earlier if the materials are voluminous.

Although neither party is required to file a motion, Judge Miranda strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least 24 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.

Counsel should provide any case law to the Court before the hearing.

If you write it, the Court will read it. If you have case law, provide it before the hearing.

Deadline

5 calendar days

If the clerk determines filed information is not facially confidential, the clerk must notify the filer in writing within 5 days and keep the information confidential for 10 days from service of the notice.

If the clerk determines that filed information is not subject to confidentiality under the identified provision, the clerk shall notify the person who filed the document in writing within 5 days of the filing and thereafter shall maintain the information as confidential for 10 days from the day such notice is served.

Deadline

30 calendar days

Unless the motion states all parties agree to all requested relief, the court must hold a hearing no later than 30 days after the motion is filed and before ruling on it.

Except when a motion filed under Rule 2.420(e)(1) of the Florida Rules of Judicial Administration represents that all parties agree to all of the relief requested, the court must, as soon as practicable but no later than 30 days after the filing of a motion under this subdivision, hold a hearing before ruling on the motion.

Deadline

30 calendar days

The court must rule on a motion to determine confidentiality within 30 days of the hearing.

The court must issue a ruling on the motion within 30 days of the hearing.

The clerk's notice/posting requirement does not apply to orders determining court records confidential under Rule 2.420(c)(7) or (c)(8).

This subdivision shall not apply to orders determining that court records are confidential under Rule 2.420(c)(7) or Rule 2.420(c)(8) of the Florida Rules of Judicial Administration.

Deadline

5 calendar days

The clerk must review filings identified as containing confidential information for facial confidentiality and notify the filer in writing within 5 days if the information is determined NOT to be confidential.

The clerk of court shall review filings identified as containing confidential information to determine whether the information is facially subject to confidentiality under the identified provision. The clerk shall notify the filer in writing within 5 days if the clerk determines that the information is NOT subject to confidentiality

Required

Always

Case law must be provided to the Court before the hearing.

If you have case law, provide it before the hearing.

Deadline

3 calendar days

Parties are strongly encouraged to provide videos, transcripts, and other evidence to be relied on at an Arthur Hearing at least 3 days before the hearing.

Although neither party is required to file a motion, Judge Stuzin strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least three (3) days prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.

Deadline

5 business days

A requirement marked '**' must be completed at least 5 business days in advance of the scheduled special set hearing date (the full sentence is split across pages in the source).

5 BUSINESS DAYS in ADVANCE of Scheduled Special Set Hearing date. **

If the State will not stipulate that Nebbia requirements are satisfied, submit the Nebbia documents to Chambers; documents provided before 3:00 pm generally result in the hearing being set the next business day.

State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the judicial assistant will call the attorney's office with the date for the Nebbia hearing. In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 3:00 pm.

Case law must be provided to the Court before the hearing.

If you have case law, provide it before the hearing.

If the State will not stipulate that Nebbia requirements are satisfied, documents must be submitted to chambers, and the Nebbia hearing is typically set for the next business day when documents are provided to Chambers before 3:00 pm.

documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the judicial assistant will a date for the Nebbia hearing. In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 3:00 pm.

Arthur status hearing requests made to the judicial assistant before 3:00 pm will in most cases be set for the next business day.

most cases, the hearing will be set for the next business day if the request is made before 3:00 pm.

Deadline

24 hours

Parties are strongly encouraged to provide the videos, transcripts, and evidence they will rely on at the Arthur hearing at least 24 hours before the hearing, and earlier for voluminous materials.

Although neither party is required to file a motion, both sides are strongly encouraged to provide any videos, transcripts, evidence, etc., which the parties will rely upon at the Arthur Hearing at least 24 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.

Bond increase/reduction motions provided to Chambers before 3:00 pm will be set for a hearing the next business day.

The judicial assistant will scheduled the hearing for the next business day if the motion is provided to Chambers before 3:00 pm.

Any case law counsel intends to rely on must be provided to the Court before the hearing.

If you have case law, provide it before the hearing.

Deadline

45 calendar days

Examination dates must be coordinated with opposing counsel; if counsel cannot agree on a date within 45 days of the request, the Court will set the date upon written motion without consulting counsel calendars.

The date and time of the examination must be coordinated with opposing counsel. If the attorneys cannot agree on a mutually convenient date for the examination to occur within forty-five (45) days of the request, the Court, upon written motion, will pick the date without consultation with counsels' calendars.

Deadline

10 calendar days

Plaintiff's counsel must give written notice within ten days of the examination identifying who will attend so a sufficiently large examining room can be reserved.

Plaintiff's counsel will notify, in writing within ten (10) days of the examination, the names, relationship to the plaintiff, and number of persons who will be present so that an examining room of sufficient size can be reserved.

The Court disfavors filing a Notice of Settlement while signatures or releases are still pending.

It is disfavored for a Notice of Settlement to be filed pending signatures or releases.

Deadline

5 business days

Opposing counsel have five business days to file an optional written response to an MIL.

Opposing counsel shall have five (5) business days to file a written response if they wish.

Parties must provide any case law they rely on to the Court before the hearing.

If you write it, the Court will read it. If you have case law, provide it before the hearing.

Deadline

24 hours

Parties are strongly encouraged (but not required) to provide the videos, transcripts, and evidence they will rely on at an Arthur Hearing to the Court at least 24 hours before the hearing, earlier if voluminous.

Although neither party is required to file a motion, Judge Altfield strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least 24 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.

Nebbia hearing documents provided to Chambers before 3:00 PM will generally result in the hearing being set for the next business day.

In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 3:00PM.

Court staff will notify parties by the end of day Monday whether a motion will be heard that week or the following week.

Court staff will notify you no later than by the end of day on Monday if your motion will be heard that week or the following.

Deadline

24 hours

Parties are strongly encouraged (though not required) to provide videos, transcripts, and other evidence for the Arthur Hearing at least 24 hours before the hearing.

Although neither party is required to file a motion, Judge Venzer strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing, at least 24 hours prior to the Hearing.

Deadline

30 calendar days

The court must rule on the Motion to Determine Confidentiality within 30 days of the hearing.

The court must issue a ruling on the “Motion to Determine Confidentiality of Court Records” within 30 days of the hearing.

Deadline

14 calendar days

Return of property motions will be scheduled at least two weeks after filing to give the State time to determine whether it or the arresting agency objects.

The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection. It is the State's responsibility to determine whether the arresting agency has an objection to the granting of the motion.

Deadline

14 calendar days

Motions for return of property will be scheduled at least two weeks after filing to give the State time to determine whether it or the arresting agency objects.

The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection.