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

WARNING

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 supporting documents when setting the hearing.

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 supporting documents when setting the hearing.

WARNINGCriminal 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 JA 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 JA will call the attorney's office with the date for the Nebbia hearing.

WARNING

Parties must coordinate with the opposing party before setting a motion, then set the agreed hearing through chambers.

Please coordinate with the opposing party prior to setting the motion. Once the date is agreed, set the hearing through chambers.

WARNING

Parties must meet and confer before filing any motion.

Parties shall meet and confer prior to the filing of motions.

WARNING

Judge will not authorize hearings on motions to compel deposition dates; if opposing counsel fails to provide reasonable dates within five business days and after two coordination attempts, the moving party may unilaterally set the deposition, shifting the burden to the opposing party to seek a protective order.

Judge D.G.W., will not authorize hearings to be set for “motions to compel deposition dates.” If the opposing party does not provide reasonable dates within five business days of the request and two attempts (not less than 48 hours apart) to coordinate, you may unilaterally set the deposition. The burden will then be on the opposing party to move for protective order and explain why no dates were provided.

WARNING

A party may unilaterally set a hearing after making two attempts on separate days within the same work week (at least 48 hours apart) to reach opposing counsel or obtain agreement on a hearing date.

Unilaterally Setting is permitted if after two attempts on separate days within one work week (Monday through Friday of the same calendar week not less than 48 hours apart) opposing counsel cannot be reached or is unwilling to set a hearing date.

WARNING

Defense counsel should first present the documentary proof to the Assistant State Attorney and inquire whether the State will stipulate that the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the Judicial Assistant will advise all parties, via e-mail, of the date for the Nebbia hearing.

Defense counsel should first present the documentary proof to the Assistant State Attorney and inquire whether the State will stipulate that the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the Judicial Assistant will advise all parties, via e-mail, of the date for the Nebbia hearing.

WARNINGCivil cases

The 5-Minute Motion Calendar (Tuesdays 9:30-10:00 A.M.) is for non-evidentiary matters only, such as motions to compel, appoint GAL, withdraw, or refer, and limits any one case to 10 minutes total (2 motions).

The 5-Minute Motion Calendar takes place on Tuesday mornings from 9:30 A.M. to 10:00A.M. This calendar is for non-evidentiary matters only. Motions to Compel, Motions to Appoint GAL, Motions to Withdraw, Motions for Referral, and the like, are all proper for the 5-Minute Motion Calendar. The Court limits any one case to a total of 10 minutes (2 motions total).

WARNING

Domestic violence cases, cases with stay-away orders, and any case where conferral would violate a court order are exempt from the meet and confer requirement, but the motion must still state this exemption as the reason for non-compliance.

DOMESTIC VIOLENCE CASES AND CASES IN WHICH A STAY AWAY ORDER HAS BEEN ENTERED, AS WELL AS ANY OTHER CASE IN WHICH A MEET AND CONFER WOULD BE IN VIOLATION OF A COURT ORDER, IS EXEMPTED FROM THE MEET AND CONFER REQUIREMENT BUT STILL MUST STATE THIS AS A REASON FOR NON-COMPLIANCE WITH THE MEET AND CONFER REQUIREMENT.

WARNING

Parties must meet and confer on the language of a proposed order before submitting it.

Before submitting a proposed order, the parties must meet and confer regarding the language in the order.

WARNING

Motions to disqualify must follow the procedures in the Administrative Memorandum on Motions to Disqualify.

Motions to Disqualify must follow the procedures laid out in the Administrative Memorandum on Motions to Disqualify.

WARNINGCriminal cases

The Court may limit the number of motions heard at a setting or reset motions requiring more argument time.

The Court reserves the right to restrict the number of motions heard on a particular setting or reset motions that require additional time to argue.

WARNINGCriminal cases

Absent exceptional circumstances, motions may not be specially set earlier than one week before trial; noncompliance may result in a trial continuance attributable to the noncompliant party.

Absent exceptional circumstances, motions may be special set for hearing no sooner than one (1) week before the case is set for trial. Id. Failure to timely comply with this directive may result in continuance of trial attributable to the non-compliant party.

WARNINGCriminal cases

Attorneys are expected to communicate about procedural and discovery issues and genuinely attempt in good faith to resolve them before seeking Court intervention.

Meet-and- Confer. Attorneys are expected to conduct themselves professionally at all times. This includes communicating with each other regarding procedural and discovery issues that arise and genuinely attempting in good faith to resolve them before asking the court to intervene.

WARNINGCivil cases

Select a special set hearing date and time in courtMAP only after coordinating or reasonably attempting to coordinate with opposing counsel.

Select an available date and time via courtMAP after coordinating with, or reasonably attempting to coordinate with, opposing counsel.

WARNINGCivil cases

A party may unilaterally set a Motion Calendar hearing only after reasonable coordination attempts have failed.

Parties may unilaterally set hearings on Motion Calendar only if reasonable attempts have been made to coordinate the hearing to no avail.

WARNING

Before submitting a proposed report, contact the other attorney/party to agree on form and content; if there is disagreement, contact the General Magistrate's office and still submit within the fourteen (14) day period.

Prior to submitting your proposed report, please contact the other attorney/party to agree to the form and content of the report. If there is a disagreement regarding the proposed form, please contact the General Magistrate's office to submit your proposed report within the fourteen (14) day period.

WARNING

The filer must contact all other parties before submitting a hearing request to confirm the issue is contested and the appropriate amount of hearing time is set.

IMPORTANT NOTE: You must contact the other side prior to requesting a hearing so that we may assure the issue is in fact contested and that the appropriate amount of time is being set aside. Please contact all sides and only then submit your package.

WARNING

The five-minute motion calendar is limited to non-evidentiary matters.

This calendar is for NON-EVIDENTIARY matters only.

WARNING

Add-on motions to special-set hearings are prohibited.

ADD-ON motions to special set hearings are not permitted.

WARNING

MOTIONS FOR SUMMARY JUDGMENT IN DEBT COLLECTION MATTERS ONLY, MAY ALSO BE SET IN THE ABOVE MOTION CALENDAR.

MOTIONS FOR SUMMARY JUDGMENT IN DEBT COLLECTION MATTERS ONLY, MAY ALSO BE SET IN THE ABOVE MOTION CALENDAR.

WARNINGCivil cases

Motions requiring 15 minutes or more must be specially set, with availability found on CourtMAP.

-All Motions that require 15 minutes or more will be Specially Set. (Availability can be found on CourtMAP)

WARNING

Conferral is not required for unrepresented litigants or for the listed motion types and proceedings.

* Conferral NOT required for: unrepresented litigants, nor for motions extending service of process, default, injunctive relief, judgment on pleadings, summary judgment, motion to dismiss for failure to state a claim, to permit class action, involuntary dismissal, directed verdict and 1.530, enforcement of judgment action, writ of possessions, section  51.011, no requirement of notice.

WARNING

Add-on motions to special-set hearings are prohibited.

ADD-ON motions to special set hearings are not permitted.

WARNINGCriminal cases

Exceptional circumstances aside, motions may be special set for hearing no sooner than one week before trial; failure to comply may result in a continuance attributable to the non-compliant party.

Absent exceptional circumstances, motions may be special set for hearing no sooner than one (1) week before the case is set for trial. Failure to timely comply with this directive may result in continuance of trial attributable to the non-compliant party.

WARNINGCriminal cases

The Court strongly encourages parties to confer prior to setting motions and to submit agreed orders.

The Court strongly encourages the parties to confer to resolve motions and narrow issues prior to setting any motion and to submit agreed orders to the Court as necessary.

WARNING

Offering three dates on separate weeks is considered a good-faith effort to coordinate hearing dates.

The Court considers the offer of 3 dates on separate weeks, a good faith effort to coordinate dates.

WARNING

After three business days without a response, a party may unilaterally set a hearing if all good-faith conferral attempts are attached.

AFTER THREE BUSINESS DAYS WITH NO RESPONSE, PARTIES MAY UNILATERALLY SET A HEARING AS LONG AS ALL GOOD-FAITH CONFERRAL ATTEMPTS ARE ATTACHED.

WARNING

Motions in limine, motions for summary judgment, motions for attorney's fees and costs, and motions to continue jury trial may not be heard on the 5-minute motion calendar.

MATTERS NOT HEARD ON 5 MINUTE MOTION CALENDAR: * Motion in Limine, * Motion for Summary Judgments * Motion for Attorney's Fees and Costs * Motions to Continue Jury Trial

WARNINGCriminal cases

Clients (defendants) must attend Soundings unless Defense Counsel has complied with Rule of Criminal Procedure 3.180(a)(3) or Judge Delancy has waived the defendant's presence.

DO CLIENTS HAVE TO ATTEND: Yes, unless Defense Counsel has complied with Rule of Criminal Procedure 3.180(a)(3), or Judge Delancy has waived the defendant's presence.

WARNINGCriminal cases

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

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

WARNINGCivil cases

Fee hearings are held on Zoom unless the parties or court request otherwise, and may be set only after all records and necessary documents are filed.

All FEE Hearings are on Zoom unless requested by the parties or the Court and can ONLY be set AFTER all records and necessary documents are filed.

WARNING

Pretrial first-appearance calendars are in person unless a motion is filed and the court grants leave for remote Zoom appearance.

ALL PRETRIAL CALENDARS (FIRST APPEARANCE) WILL BE CONDUCTED LIVE AND IN PERSON AT THE HIALEAH BRANCH COURTHOUSE, UNLESS A MOTION IS FILED AND LEAVE OF COURT IS GRANTED TO APPEAR REMOTELY BY ZOOM. REQUEST CAN BE MADE BY CONDUCTING CHAMBERS.

WARNING

Motions to stay writs of possession and claims of exemption in garnishment proceedings are treated as emergencies and will be heard by the court.

MOTIONS TO STAY WRITS OF POSSESSION AND CLAIMS OF EXEMPTIONS ON GARNISHMENT PROCEEDINGS ARE CONSIDERED EMERGENCY PROCEEDINGS AND WILL BE HEARD BY THE COURT.

WARNING

After reviewing motions filed by either party, the court may grant or deny relief without a hearing and will notify both parties that the hearing is canceled.

4) The Court, after review of any motions filed by either party, may summarily grant or deny relief without hearing. In such a case, the Court will provide Notice of Cancellation of the hearing to both parties.

WARNINGCivil cases

Motions to Dismiss will not be specially set or added to the Motion Calendar.

Motions to Dismiss will not be specially set for hearing or added to our motion calendar.

WARNING

Division 07 has no Motion Calendar, so hearings must be set as Special Set Hearings.

Division 07 does not have a Motion Calendar. Hearings can be set as Special Set Hearings.

WARNING

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

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

WARNINGCriminal cases

JAC requires 20 days when issuing a notice of hearing for an attorney-fee hearing.

To set a hearing regarding attorney fees, please keep in mind that JAC requires 20 days when issuing a notice of hearing.

WARNINGCriminal cases

Meet-and- Confer. Attorneys are expected to conduct themselves professionally at all times. This includes communicating with each other regarding procedural and discovery issues that arise and genuinely attempting in good faith to resolve them before asking the court to intervene.

Meet-and- Confer. Attorneys are expected to conduct themselves professionally at all times. This includes communicating with each other regarding procedural and discovery issues that arise and genuinely attempting in good faith to resolve them before asking the court to intervene.

WARNINGCivil cases

Cross-notices may be allowed only if mutually coordinated and a separate court event is created, subject to the two-motion limit.

Cross-Notices of a Motion may only be allowed if it is mutually coordinated and if a separate court event is created subject to the two (2) motion limit.

WARNING

Filing a Motion for Protective Order without attempting to set it for immediate hearing does not protect a party from the discovery requested.

The filing of a Motion for Protective Order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested.

WARNING

A valid conferral requires a substantive good-faith conversation in person, by telephone, or by communication technology, and a mere exchange of ultimatums by fax, e-mail, or letter does not qualify.

(ii) The term "confer" requires a substantive conversation in person, by telephone, or by communication technology in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.

WARNING

Evidentiary hearings are in-person by default; Zoom requires written consent of all parties or, absent consent, leave of court via a written good-cause motion with a 15-minute hearing held before the evidentiary hearing.

All evidentiary hearings shall take place in-person. In the event, all parties agree to conduct their hearing via Zoom, the parties must all consent to such in writing. In the event all parties do not consent to use communication technology for an evidentiary hearing, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.530(b)(2), and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the evidentiary hearing.

WARNING

Counsel must promptly respond to conferral-scheduling inquiries, and if the conference cannot be held after three good faith attempts, the noticing counsel must document the dates and times of those attempts in the Certificate of Conferral.

(iii) Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference. If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the Certificate of Conferral Prior to Scheduling the Motion for Hearing the dates and times of the efforts made to contact opposing counsel.

WARNING

Counsel who notices a hearing must ensure the Court and its Judicial Assistant are aware of any narrowing of issues or other resolution reached at the conferral conference.

(v) Counsel who notices the hearing shall ensure that the Court and the Court's Judicial Assistant are aware of any narrowing of the issues or other resolution as a result of the conference.

WARNING

The five-minute motion calendar is held during the stated Tuesday and Wednesday morning hours and is limited to non-evidentiary matters.

The 5-Minute Motion Calendar takes place on Tuesday mornings from 9:30 A.M. to 10:45 A.M and Wednesday mornings from 8:45 A.M. to 10:45 A.M. This calendar is for non-evidentiary matters only.

WARNING

To schedule a special set hearing of one hour or less, the moving party must coordinate the date/time with opposing counsel based on courtMAP availability, then submit the filed motion with the Special Set Request Form on courtMAP for the Court's approval.

To Schedule a Special Set Hearing before Judge Ruiz Cohen: 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 along with the Court's Special Set Request Form under the supporting documents option on courtMAP when selecting the proposed hearing date for the Court's approval.

WARNING

Coordinate the hearing date with the opposing party on CourtMap and set the hearing in the Motion Calendar slot once the date is agreed upon.

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.

WARNING

The Court endorsed professionalism guidelines calling on lawyers to endeavor to resolve or narrow issues before scheduling a hearing on any motion or discovery objection.

Before scheduling a hearing on any motion or discovery objection, a lawyer should endeavor to resolve or narrow the issue at hand.