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

CRITICALCivil cases

Both parties must confer about set motions before appearing for any hearing.

BOTH Parties MUST confer on set motions PRIOR to appearing for ALL hearings set.

CRITICALCivil cases

A motion to alter a trial date must be set for hearing and heard before calendar call.

Motions to alter a trial date must be set for hearing and heard BEFORE calendar call.

CRITICALCivil cases

Eviction matters must not be set on the 5-minute motion calendar and should instead be set on the 15-minute special set calendar.

LANDLORD/TENANT CASES: Please do not set eviction cases on the 5-minute motion calendar. Eviction matters should be set on a 15-minute special set calendar, which will be heard consistent with Summary Procedure rules.

CRITICAL

At least three documented coordination attempts with opposing counsel or parties are required before sending a uniset request.

At least three (3) documented attempts must be made to coordinate the hearing with opposing counsel or parties before sending a uniset request.

CRITICAL

No add-ons are permitted without the Judge's prior consent.

No add-ons are permitted without prior consent of the Judge.

CRITICAL

To coordinate a hearing, PLEASE confer with opposing counsel or self-represented litigant, once a date has been coordinated, submit Notice of Hearing and schedule via CourtMAP.

To coordinate a hearing, PLEASE confer with opposing counsel or self-represented litigant, once a date has been coordinated, submit Notice of Hearing and schedule via CourtMAP.

CRITICAL

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

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

CRITICAL

Before scheduling a calendar call date, parties must schedule a case management conference on the Court's motion calendar at least two weeks prior to the calendar call date.

NOTE: BEFORE SCHEDULING A CALENDAR CALL DATE, PARTIES SHALL SCHEDULE A CASE MANAGEMENT CONFERENCE ON THE COURT'S MOTION CALENDAR FOR A HEARING AT LEAST TWO (2) WEEKS PRIOR TO THE CALENDAR CALL DATE.

CRITICAL

Before requesting an Arthur Hearing, defense counsel must first confer with the assigned ASA about agreed pretrial release conditions.

ARTHUR HEARINGS: Defense Counsel must first speak with the assigned ASA to ascertain if the parties can agree to pretrial release conditions. If the parties cannot reach agreement, Defense Counsel may call the judicial assistant to request that

CRITICAL

The court will not rule on a downward departure motion unless the defendant has entered a plea or been found guilty.

Judge de la O will not rule on a motion for a downward departure sentence unless the defendant has entered a plea or been found guilty.

CRITICAL

To coordinate a hearing, confer with opposing counsel or the self-represented litigant, then submit the notice of hearing and schedule through courtMAP once a date is coordinated.

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

CRITICALCivil cases

Before scheduling and noticing a Motion Calendar or Special Set hearing, the movant must meet and confer with opposing counsel to try to resolve the issues.

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.

CRITICALCivil cases

Unilateral hearing settings are prohibited without court approval, but a hearing may be set unilaterally after opposing counsel has not responded for three business days.

Unilateral setting of hearings is not permitted. If you are seeking a unilateral hearing, Court approval is required. A hearing may be unilaterally scheduled after three business days without a response from opposing counsel.

CRITICALCivil cases

The moving party must coordinate a hearing date and time with opposing counsel using the Court's availability on courtMAP.

To Schedule a Hearing: The moving party must coordinate the hearing date and time with opposing counsel based on the Court’s availability as listed on courtMAP.

CRITICAL

Motions must be filed with the clerk's office before a hearing date may be scheduled.

Motions must be filed with the clerk's office prior to scheduling a hearing date.

CRITICAL

All cases must attend mediation before trial.

ALL CASES MUST ATTEND MEDIATION PRIOR TO TRIAL.

CRITICAL

Motions sent directly to the General Magistrate without a proper referral will not be considered or set for hearing.

Any motions sent directly to the General Magistrate that have not been properly referred will not be considered or set for hearing.

CRITICAL

An Order of Referral to the General Magistrate must be entered before a motion can be set for hearing before the General Magistrate.

An Order of Referral to the General Magistrate must be entered for motions to be set before the General Magistrate.

CRITICAL

Motions for writ of possession must be set on the Motion Calendar; ex parte writ motions will not be entertained.

WRIT OF POSSESSIONS: Motions for Writ of Possessions must be placed on Motion Calendar. The Court will Not Entertain Ex Parte Motions.

CRITICALCivil cases

A movant must meet and confer with opposing counsel before scheduling and noticing a Motion Calendar or Special Set hearing; unilateral settings are prohibited.

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.

CRITICALCivil cases

Reconsideration, rehearing, new-trial, and other post-trial motions, except motions for entitlement to fees and costs, will not be heard on Motion Calendar and should not be set unless the Court instructs otherwise.

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.

CRITICAL

A motions in limine may not be scheduled for hearing until counsel have completed the required meet-and-confer under Sections III J and K.

A. MIL may not be scheduled for a hearing unless counsel have complied with the "Meet and Confer" Requirement (See Sections III J. and K.), supra

CRITICAL

Failure to make a good faith effort to resolve a motion before scheduling a hearing may result in cancellation of the hearing, the motion being stricken or denied, sanctions, and/or denial of requested sanctions, though the Court may waive this requirement in appropriate circumstances.

(vi) Failure to make a good faith effort to resolve the issues raised in the motion before scheduling a hearing on the motion may, in the Court's discretion, result in the hearing being canceled, the motion stricken from the Court's calendar or denied, the imposition of sanctions, and/or the denial of any monetary or non-monetary sanctions requested by movant in the motion. The Court may waive this good faith effort requirement under appropriate circumstances, at the Court's discretion.

CRITICAL

All discovery motions and motions to compel must be set for hearing; motions that are merely filed without being set for hearing will be considered abandoned.

All discovery motions and motions to compel must be set for hearing to bring the matter to the Court's attention. The mere filing of a motion is insufficient. Any motions filed but not set for hearing will be considered abandoned.

CRITICAL

A mandatory meet-and-confer process must occur before scheduling a hearing on any motion in Division 13, except for injunctive relief without notice, judgment on the pleadings, defaults, or class action maintenance.

A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division 13 and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; or to permit maintenance of a class action.

CRITICAL

Pursuant to Fla. R. Civ. P. 1.202(a), before filing a motion, except for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntary dismiss an action, the movant must confer with the opposing party in a good faith effort to resolve the issues raised in the motion.

Pursuant to Fla. R. Civ. P. 1.202(a), before filing a motion, except for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntary dismiss an action, the movant must confer with the opposing party in a good faith effort to resolve the issues raised in the motion.

CRITICAL

Motions to Dismiss and discovery motions/objections may not be placed on the Motion Calendar and must be specially set for hearing.

IMPORTANT NOTICE: Motions to Dismiss AND motions and/or objections relating to discovery disputes shall not be placed on the Motion Calendar as said motions shall be specially set for hearing.

CRITICAL

Parties must meet and confer before filing motions, and the filing party must state that no resolution was reached or that the other party could not be contacted despite due diligence.

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

Coordinate a motion-calendar date with the opposing party and, once agreed, set the hearing in CourtMAP with the motion, response, hearing notice, and supporting documents attached.

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. Attach the motion, response, notice of hearing, and any supporting documents as "supporting documents."

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

Contempt and enforcement motions may not be set on the five-minute motion 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

After 72 hours without any response to coordination efforts, a party may set a matter unilaterally but must submit proof of the attempt as an exhibit; otherwise, unilateral settings will be removed, and requests outside the procedure must be made in writing to the Court.

In the event you attempt to coordinate with the opposing party, and after 72 hours you receive no response at all, you may set the matter unilaterally. Proof of attempted coordination in conformance with this procedure must be submitted as an exhibit upon setting the motion. Otherwise, unilaterally set hearings, without coordination from the opposing party, will be removed from the calendar. If you are seeking to schedule a hearing unilaterally, outside of the procedures, the request must be in writing to the Court.

CRITICAL

All cases must attend mediation before trial.

All Cases must attend mediation prior to Trial.

CRITICAL

The moving party must coordinate the special-set hearing date and time with opposing counsel using the court's availability on CourtMAP.

COORDINATION IS MANDATORY: The Moving party MUST coordinate the date and time with opposing counsel based on Court's availability found on CourtMAP.

CRITICAL

Schedule attorney-fee and evidentiary hearings through the Special Set Calendar.

Attorney’s Fees and Evidentiary Hearings must be scheduled through the Special Set Calendar.

CRITICAL

Before requesting to set a hearing unilaterally, make at least three attempts to coordinate and schedule it with the opposing party.

Unilaterally Hearings:  When requesting to unilaterally set a hearing, the parties must make at least three attempts to coordinate and schedule the hearing with the opposing party.

CRITICALCivil cases

All cases must go to mediation before the trial date.

ALL CASES MUST GO TO MEDIATION BEFORE THE TRIAL DATE.

CRITICAL

Do not notice a hearing until confirmation that it has been approved and set has been received.

PLEASE DO NOT NOTICE YOUR HEARINGS UNLESS YOU HAVE RECEIEVED THE CONFIRMATION THAT THE HEARING IS APPROVED AND SET.

CRITICALCriminal cases

Before an Arthur hearing, defense counsel must first confer with the assigned ASA to verify that the State will not agree to any 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.

CRITICALCriminal cases

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 judicial assistant will call 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 judicial assistant will call the attorney's office with the date for the Nebbia hearing.

CRITICAL

Counsel must confer in good faith with opposing counsel in an effort to resolve the issues by agreement before filing any discovery motion, such as a motion to compel, motion for rule to show cause, or motion for protective order.

Before filing any discovery motions, such as motions to compel, motions for rule to show cause, or motions for protective order, counsel shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised.

CRITICALCivil cases

Parties must meet and confer by phone, in person, or Zoom (emails do not qualify) before setting motions on the foreclosure motion calendar.

Parties are required to MEET AND CONFER prior to setting motions on calendar. (The parties are requires to speak over the phone, in-person or via zoom. Emails do NOT satisfy this requirement.)

CRITICAL

The moving party must coordinate the special set hearing date and time with opposing counsel based on the Court's availability on courtMAP.

The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMap.

WARNING

The 5-Minute Motion Calendar is limited to brief non-evidentiary motions with a five-minute total argument cap, no doubling up of time slots, and longer matters must go on the 15-minute Special Set calendar.

*5-Minute Motion Calendar: This calendar is only for brief, non-evidentiary motions. Motions are not to exceed five (5) minutes, including argument from both sides. Please do not double up on time slots. Doing so will result in rejection of date selection. If you need additional time, please schedule on the 15-minute Special Set calendar.

WARNING

Additional motions may not be added to a Special Set Hearing without the Judicial Assistant’s prior approval.

No additional motions may be added to a Special Set Hearing without prior approval from the Judicial Assistant.

WARNING

A criminal DV Bonds/Emergency Calendar motion that is evidentiary, contested, or not an emergency must be heard in division.

If your motion is evidentiary, not agreed upon, or not an emergency, it must be heard in division.

WARNING

Before scheduling a hearing, counsel and self-represented litigants must first confer with the opposing side; once a date is coordinated, the moving party files a Notice of Hearing and schedules through CourtMAP.

To coordinate a hearing, counsel and self-represented litigants must first confer with opposing counsel or the opposing party. Once a hearing date has been coordinated, the moving party shall file a Notice of Hearing and schedule the hearing through CourtMAP.

WARNING

A party may request a unilaterally set hearing only after making reasonable, good-faith efforts to coordinate with the opposing party and allowing a reasonable opportunity for a response.

A party may request permission to set a hearing unilaterally only after making reasonable and good-faith efforts to coordinate the hearing with the opposing party and allowing a reasonable opportunity for a response.

WARNING

A party may request a unilaterally set hearing only after making reasonable, good-faith efforts to coordinate with the opposing party and giving the opposing party a reasonable opportunity to respond.

A party may request to set a hearing unilaterally only after making reasonable, good faith efforts to coordinate with the opposing party and providing the opposing party a reasonable opportunity to respond.

WARNING

The Wednesday Five-Minute Motion Calendar is limited to seven listed motion types, including motions to compel initial discovery, extensions of time, reset sale date, set aside default, stay, summary judgment in credit card or foreclosure cases only, and motions to withdraw.

Wednesday morning's Five-Minute Motion Calendar is limited to the following matters: Motions to Compel Initial Discovery Motions for Extension of Time Motions to Reset Sale Date Motions to Set Aside Default Motions to Stay Motions for Summary Judgment in Credit Card or Foreclosure Cases only Motions to Withdraw