Eleventh Judicial Circuit of Florida, Miami-Dade County Pre-Motion Conference Requirements

CRITICAL

Evidentiary hearings must be specially set (not placed on the motion calendar) and flagged on the Special Set Request Form so a clerk can be scheduled.

Evidentiary Hearings: Evidentiary hearings must be specially set. Do not set an evidentiary matter on the Court's Motion Calendar. If your Special Set hearing is an evidentiary hearing, please indicate as such on the Special Set Request Form so that the Court can schedule the appearance of a clerk at the hearing.

CRITICALCivil cases

All parties must meet and confer as required by CBL Rule 4.3 before filing an emergency motion.

All Parties must comply with CBL Rule 4.3, which refers to the requirement for the parties to Meet and Confer, before filing the emergency motion.

CRITICAL

Motions to withdraw under Rule 2.505(f)(1) require a hearing.

Motions to withdraw under Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(1) (not substitution of counsel or other grounds for termination of attorney appearance) require a hearing.

CRITICAL

Attorney's fees hearings require a timely Rule 1.525 fee motion, determination or stipulation of entitlement before the amount hearing, and compliance with the Fees Scheduling Order before the hearing may be set via the judicial assistant.

To schedule a hearing on attorney’s fees, the setting party must first timely file a motion seeking fees and/or costs pursuant to Florida Rule of Civil Procedure 1.525. If the Court has not already determined entitlement to fees and/or costs or the opposing party has not stipulated to entitlement, then the party seeking fees must upload through courtMap an agreed order or proposed order and/or set a hearing for entitlement only. If the Court has determined entitlement to fees and/or costs or the opposing party has stipulated to entitlement, then, if the Court has not already done so on its own, the party seeking fees must contact the judicial assistant and/or bailiff and request that the Court enter an order preliminary to the hearing on fees and costs in the form provided below ("Fees Scheduling Order"). The Fees Scheduling Order establishes requirements the parties must fulfill before setting a hearing. Once the parties have complied with the Fees Scheduling Order, then the parties must then contact the judicial assistant pursuant to the same procedures for setting a special set hearing.

CRITICAL

Landlord/tenant, attorney's fees, sanctions, claims of exemption, complex motions to dismiss, judgment on the pleadings, motions to compel arbitration, and summary judgment motions may not be set on the Motion Calendar without prior Court approval and must be specially set.

MOTIONS NOT FOR MOTION CALENDAR: The following motions are NOT for Motion Calendar absent prior approval from (or scheduled by) the Court: Landlord/Tenant matters, Attorneys’ Fees matters, Sanctions Motions, hearings on Claims of Exemption hearings, complex Motions to Dismiss, Motions for Judgment on the Pleadings, Motions to Compel Arbitration, and Motions for Summary Judgment.* Please do not set these on the Motion Calendar; the parties risk that the Court will hear your case at the end of motion calendar and/or will not have time to address the motion and reset the hearing.

CRITICAL

Sanctions (expenses, attorney's fees, or waiver of non-privilege objections) cannot be included on ex parte motions to compel and require a hearing.

The Court will not include sanctions on ex-parte motions to compel (expenses, attorney’s fees, or waiver of non-privilege objections) - those require a hearing.

CRITICALCriminal cases

Before setting a motion for hearing, movant’s counsel must confer or make a reasonable effort to confer in good faith with affected parties, and the parties must inform the Court which issues were resolved and which remain unresolved.

Prior to setting any motion for hearing, counsel for the movant shall confer (orally or in writing), or make a reasonable effort to confer (orally or in writing), with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with movant’s counsel shall cooperate and act in good faith in attempting to resolve the dispute. If, after conferring, certain issues have been resolved by agreement, the parties shall inform the Court of the issues so resolved and the issues that remain unresolved.

CRITICALCivil cases

Add-on petitions/motions to special set hearings require leave of Court.

ADD-ON Petitions/Motions to special set hearings are not permitted without leave of Court.

CRITICALCivil cases

Moving parties must make a good faith effort (at least 2 attempts) to coordinate hearing dates and times with opposing counsel based on the Court's courtMAP availability before a motion to compel may be filed.

There must be a good faith effort to coordinate dates and times for any hearing that involves multiple or opposing counsel. After 2 good faith attempts to coordinate hearing dates and times with other counsel, a motion to compel may be filed with the Court. The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP

CRITICALCivil cases

Motions requiring up to 60 minutes are heard by Zoom on morning calendars only, and attorneys must select the earliest available time slot for their hearing length.

ALL MOTIONS requiring up to 60 minutes shall be heard by Zoom and only on morning calendars. Attorneys shall select the earliest available time slot for the length of their hearing.

CRITICAL

Before setting any motion for hearing, movant's counsel must confer or make a good-faith effort to confer with all affected parties.

Prior to setting any motion for hearing, counsel for the movant shall confer (orally or in writing), or make a reasonable effort to confer (orally or in writing), with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion.

CRITICAL

Parties presenting exhibits at a Zoom or telephonic hearing must contact the opposing attorney or party and agree on the exhibits that will be admitted.

If you are going to be presenting exhibits at the zoom or telephonic hearing, you must contact the opposing attorney or party and agree to the exhibits that will be admitted.

CRITICAL

Hearings are scheduled through CourtMap, and when both parties are represented by attorneys they must agree on the hearing date and time before scheduling; two calendars exist (IN PERSON and REMOTE/Zoom).

Please utilize CourtMap to see dates and times for scheduling a hearing. If both parties are represented by attorneys, you must agree to the date and time of hearing prior to scheduling. Be aware that two calendar types exist: IN PERSON and REMOTE HEARINGS (Zoom).

CRITICAL

Before requesting an Arthur Hearing, defense counsel must first confer with the assigned ASA to verify the State will not agree to pretrial release conditions.

Defense Counsel must first speak with the assigned ASA to verify that the State will not agree to any pretrial release conditions.

CRITICAL

Defense Counsel should first present the 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 JA will email the attorney's office with the date for the Nebbia hearing.

Defense Counsel should first present the 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 JA will email the attorney's office with the date for the Nebbia hearing.

CRITICAL

A case management conference is required before trial can be set; attorneys may schedule it on CourtMAP, while self-represented litigants should call chambers.

All notices of Trial will need a Case Management Conference before trial can be set. If you are an attorney you may set the case management on CourtMap. If you are a prose litigant, please call chambers to set the case management.

CRITICAL

All cases must attend mediation before filing a Notice of Readiness for Trial.

All cases must attend mediation prior to filing a Notice of Readiness for Trial.

CRITICAL

Non-jury trials must be set through the judicial assistant after coordinating with the opposing party, and the motion and notice of hearing must be attached as supporting documents.

All Non-Jury Trials shall be set through the Judicial Assistant. Please coordinate with the opposing party prior to setting the motion. Once the date is agreed, set the hearing through chambers. Be sure to include the motion and notice of hearing as supporting documents when setting the hearing.

CRITICAL

Parties must meet and confer before filing a motion, and the filing party must report the outcome or due-diligence inability to contact the other party.

Parties shall meet and confer prior to the filing of motions. In the event that a motion is required, the party filing the motions shall indicate that the parties met and conferred, and no resolution was reached or that the other party was unable to be contacted after due diligence.

CRITICAL

Contempt and enforcement motions may not be set on the five-minute calendar and must be specially set with the judicial assistant.

Please note: DO NOT SET MOTIONS FOR CONTEMPT/ENFORCEMENT ON THE 5-MINUTE MOTION CALENDAR. ALL MOTIONS FOR CONTEMPT/ENFORCEMENT SHALL BE SPECIAL SET WITH THE JUDICIAL ASSISTANT.

CRITICAL

Coordinate with the opposing party on CourtMAP and, once a date is agreed, set the hearing using the Motion Calendar slot.

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 the Motion Calendar slot.

CRITICAL

Uncoordinated unilateral hearing settings will be removed unless approved; a unilateral-setting request must be written and explain why it is necessary.

Unilaterally set hearings, without coordination from the opposing party, will be removed from the calendar unless approved by the Court. If you are seeking to schedule a hearing unilaterally, the request must be in writing to the Court with reasons as to why a unilateral setting is necessary.

CRITICAL

Motion calendar hearings are scheduled through CourtMAP on Tuesday, Wednesday, and Thursday at 9:30, 10:00, or 10:30 a.m., and the moving party must first coordinate the date/time with opposing counsel based on the Court's availability.

TO SCHEDULE A MOTION CALENDAR HEARING: (SELECT THE DATE FROM THE COURT'S AVAILABILITY (FOUND ON CourtMAP) Motion Calendar days, Tuesday, Wednesday and Thursday at 9:30, 10:00 and 10:30 a.m.The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability (found on CourtMap).

CRITICAL

Motions to Determine Rent and to Strike Defendant's Answer must first be emailed to the Judicial Assistant before being set on calendar and must not be scheduled on the motion calendar.

Motion to Determine Rent and Motion to Strike Defendant's Answer MUST first be submitted to my Judicial Assistant by e-mail to ilarregui@jud11.flcourts.org before setting on calendar, Please DO NOT schedule on Motion Calendar as they will not be heard.

CRITICAL

All motions may be heard on the motion calendar except motions to determine rent, to strike defendant's answer, for sanctions, for rehearing/reconsideration, motions in limine, summary judgment motions, attorney fee hearings, evidentiary hearings, and motions to continue jury trial.

ALL MOTIONS MAY BE HEARD ON MOTION CALENDAR EXCEPT : Motion to Determine Rent, Motion to Strike Defendant's Answer, Motion for Sanctions, Motion for Rehearing and/or Reconsideration Motions in Limine, Summary Judgment Motions, Attorney Fee Hearings, Evidentiary Hearings and Motion to Continue Jury Trial.

CRITICAL

Motions for reconsideration/rehearing and motions for sanctions must first be emailed to the Judicial Assistant before being set on calendar and must not be scheduled on the motion calendar.

Motions for Reconsideration and / or Rehearing and Motion for Sanctions MUST first be submitted to my Judicial Assistant by e-mail to ilarregui@jud11.flcourts.org before setting on calendar, Please DO NOT schedule on Motion Calendar as they will not be heard.

CRITICALCivil cases

The Court will not hear objections to discovery; a party must instead file a motion to compel under Rule 1.380, Fla.R.Civ.P.

The Court will not entertain hearings on "objections" to discovery. The party seeking to overrule an objection shall motion a motion to compel in compliance with Rule 1.380, Fla.R.Civ.P.

CRITICAL

Attorneys of record and pro se parties must confer no later than 15 days before each case management conference or hearing, in addition to the conferral required under Rule 1.202.

In addition to the conferral required under rule 1.202, the attorneys for the parties as well as any parties appearing pro se must confer no later than 15 days prior to each case management conference or hearing. Thus, unrepresented litigants are required to confer under this rule, and for all represented litigants, there are two requirements for conferral.

CRITICAL

All parties must meet and confer as required by CBL Rule 4.3 before filing an emergency motion.

All Parties must comply with CBL Rule 4.3, which refers to the requirement for the parties to Meet and Confer, before filing the emergency motion.

CRITICAL

The parties must meet and confer as required by the rules of civil procedure before a motion is set.

Motion Calendar Procedures: Mandatory meet and confer requirement in the rules of civil procedure that must be followed prior to the setting of a motion.

CRITICAL

All parties must comply with Rule 1.202 conferral before filing motions.

ALL PARTIES MUST ADHERE TO RULE 1.202 CONFERRAL PRIOR TO FILING MOTIONS:

CRITICAL

After complying with the preliminary order, the parties must coordinate with opposing counsel and schedule the special-set fee hearing through CourtMAP.

Once the parties have complied with said Order, they must coordinate with opposing counsel and schedule accordingly on courtMAP  to schedule a SPECIAL SET Fee Hearing.

CRITICAL

The moving party must coordinate a special-set hearing date and time with opposing counsel based on CourtMAP availability.

The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability (found on CourtMap).

CRITICAL

Hearings may not be set unilaterally.

**COURT NO LONGER ALLOWS UNILATERRALLY SET HEARINGS**

CRITICAL

All rehearing and reconsideration motions must be specially set and will not be heard on the five-minute UMC motion calendar.

ALL motions for Rehearing / Reconsideration must be specially set and will not be addressed at a UMC 5-minite motion calendar.

CRITICAL

Motions for rehearing or reconsideration require court approval before they may be set for hearing.

Motions for Rehearing / Reconsideration must be approved by the Court before they can be set for hearing.

CRITICAL

Do not set a hearing on CourtMAP without coordinating with the opposing party.

DO NOT SET A HEARING ON COURTMAP WITHOUT COORDINATION WITH THE OPPOSING PARTY.

CRITICALCivil cases

Movants must meet and confer with opposing counsel before scheduling any hearing, and unilateral hearing settings are prohibited unless the Court approves.

Important: Any movant scheduling and noticing a hearing (Motion Calendar and Special Set) before this Court must meet and confer with opposing counsel in order to attempt to resolve any and all issues possible. Unilateral setting of hearings is not permitted. If you are seeking a unilateral hearing, Court approval is required.

CRITICALCivil cases

Motions for Reconsideration, Rehearing, New Trial, and other post-trial motions (excluding Entitlement to Fees and Costs: These motions will not be heard on motion calendar and should not be set for hearing unless instructed to do so by the Court. Email your motion to earagon@jud11.flcourts.org. The Court will review the Motion and instruct the parties on how to proceed.

Motions for Reconsideration, Rehearing, New Trial, and other post-trial motions (excluding Entitlement to Fees and Costs: These motions will not be heard on motion calendar and should not be set for hearing unless instructed to do so by the Court. Email your motion to earagon@jud11.flcourts.org. The Court will review the Motion and instruct the parties on how to proceed.

CRITICALCivil cases

A pre-trial conference must be held no later than 15 days before trial, at which all motions are heard and ruled upon, draft jury instructions are completed, and witness and exhibit lists are completed.

No later than 15 days prior to the trial date, a pre-trial conference must be held. At this conference, all motions shall be heard and ruled upon, draft jury instructions must be completed, and witness and exhibit lists must be completed.

CRITICAL

All cases must attend mediation before trial unless the judge has ruled otherwise.

ALL CASES MUST ATTEND MEDIATION PRIOR TO TRIAL UNLESS THE JUDGE HAS RULED ON IT.

CRITICALCriminal cases

Parties must confer in good faith to resolve or narrow issues before any hearing.

Parties must confer in good faith to resolve or narrow issues before any hearing.

CRITICALCriminal cases

Before setting any motion for hearing, movant's counsel must confer in good faith with affected parties and inform the Court of resolved and unresolved issues.

Prior to setting any motion for hearing, counsel for the movant must confer (orally or in writing), or make a reasonable effort to confer (orally or in writing), with all parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with movant's counsel must cooperate and act in good faith in attempting to resolve the dispute. If, after conferring, certain issues have been resolved by agreement, the parties must inform the Court of the issues resolved and the issues that remain for the Court to resolve.

CRITICAL

Special set hearings over one hour must be set through the judicial assistant; hearings of one hour or less may be set via CourtMAP.

Hearings that require more than one hour, must be set through the judicial assistant.

CRITICAL

Special set hearings require coordination with opposing counsel and submission of the filed motion and request form on CourtMAP for Court approval.

*The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMap. Once the date has been agreed to, the moving party shall submit a copy of the filed motion and the Court's request form under the supporting documents option on courtMAP when selecting the proposed hearing date for the Court's approval.

CRITICAL

For a Nebbia motion, defense counsel must first present proof to the State and seek a stipulation; absent a stipulation, submit the documents to chambers by email to receive a hearing date.

Defense Counsel should first present the 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 via email and the judicial assistant will reply with the date for the Nebbia hearing.

CRITICAL

Before scheduling a special set hearing, the movant must confer with opposing counsel or the self-represented litigant to coordinate a date, then schedule via CourtMAP.

To coordinate a hearing, PLEASE confer with opposing counsel or self represented litigant, once a date has been coordinated, please schedule via CourtMAP.

CRITICAL

The moving party must coordinate the transfer hearing date and time with opposing counsel before setting it.

The moving party must coordinate the date and time with opposing counsel.

CRITICAL

The moving party must coordinate the hearing date and time with the opposing party before setting a motion calendar hearing.

The moving party MUST coordinate date & time with opposing party.

CRITICAL

Landlord/tenant, attorney's fees, sanctions, claim of exemptions, motions to dismiss, judgment on the pleadings, and most summary judgment motions cannot be set on the motion calendar.

The following motions are NOT for Motion Calendar: Landlord/Tenant matters, Attorneys' Fees matters, Sanctions Motions, Claim of Exemptions hearings, Motions to Dismiss, Motions for Judgment on the Pleadings, and Motions for Summary Judgement (with the exception of SP Contract and Indebtedness) . *Please do not set these on the Motion Calendar; they will be canceled and you will be asked to reset.