Eleventh Judicial Circuit of Florida, Miami-Dade County Service and Proof of Service Rules

CRITICALCivil cases

The Zoom hearing link must be shared with clients, opposing counsel, and interested parties not on the service list.

You must also share the link with your clients, opposing counsel, or any interested parties who do not appear on the service list.

CRITICALCivil cases

Applies to

Exhibits

Before the hearing, a copy of each proposed exhibit must be provided to the opposing party and the parties must attempt to stipulate to exhibits.

Prior to the hearing, you must provide a copy of each of your proposed exhibits to the opposing party. You must also contact your opposing party and attempt to stipulate to exhibits.

CRITICAL

Deadline

7 business days

Applies to

Notice of hearing

At least 7 business days' notice before the hearing must be given.

You must give 7 business days notice.

CRITICALCriminal cases

The moving party on a motion for return of property must provide the agency holding the property with notice of the hearing date.

Motions for Return of Property must be in writing and the moving party must provide the agency holding the property with notice of the hearing date.

CRITICAL

Service

Email to opposing party

Hearing request emails must copy opposing counsel.

To request a hearing date: email Judicial Assistant Paula Lopez palopez@jud11.flcourts.org and copy opposing counsel.

CRITICAL

Service

Email to all parties

All parties must be included on the email correspondence when requesting a hearing.

Make sure the motion has been filed with the Clerk of Court and all parties are included on the electronic mail correspondence.

CRITICAL

E-filing a motion does not deliver a copy to the court, even if the court's email address is added to the e-filing service, so a separate email to the Judicial Assistant is required.

Please note e-filing motions will not provide the court with a copy, even if you add the court's email address in the e-filing service.

CRITICAL

Deadline

48 hours

Applies to

Notice of hearing

Notice of hearing must be sent to all parties on the service list including associations; proof of notice must be brought to the hearing; emergency hearings require a minimum of 48 hours notice by fax or email.

4. Once you have selected your hearing date, you must send a notice of hearing to all parties on the service list, including condominium and homeowners’ associations, as applicable. You must bring proof of this notice to the hearing; a minimum notice of 48 hours by fax or email is required for emergency hearings.

CRITICALCriminal cases

Service

Email to opposing party

All emails to the JA/division must copy opposing counsel.

You must copy opposing counsel on all emails.

CRITICALCriminal cases

Applies to

Notice of hearing

The movant must prepare and serve a Notice of Hearing on all parties when placing a motion on calendar.

The movant is responsible for preparing and serving a Notice of Hearing on all parties.

CRITICAL

Applies to

Pretrial

Pre-trial conferences without proof of service on the docket will be continued pending service and taken off calendar.

Pre-trials without proof of service on the docket will be continued pending service and taken off calendar.

CRITICAL

Applies to

Notice of hearing

The scheduling party must provide written notice of the hearing, with a copy of the motion, to opposing counsel/parties immediately after the hearing is set.

Hearing Notices: Written notice to opposing counsel/parties shall be provided by the scheduling party immediately after hearing is set, along with a copy of the motion, prior to the scheduled hearing date.

CRITICAL

Applies to

Emergency motion

Emergency motions must be provided to opposing counsel in addition to being filed with the Clerk.

Please submit your Emergency Motion through courtMAP and make sure the Emergency Motion has been filed with the Clerk of Court and provided to opposing counsel.

CRITICALCivil cases

Deadline

5 business days

Parties may unilaterally set motion calendar hearings only after reasonable but unsuccessful attempts to coordinate and with at least 5 business days' notice to opposing counsel.

Unilateral Settings: Parties may unilaterally set hearings on motion calendar if reasonable attempts have been made to coordinate the hearing to no avail and opposing counsel is provided with at least 5 business days’ notice.

CRITICALCivil cases

Deadline

5 business days

Applies to

Notice of hearing

Motion calendar hearings require notice at least 5 business days before the hearing.

Notice Before Hearing: 5 Business Days

CRITICALCivil cases

Service

Mail

The attorney granted withdrawal must mail a copy of the order to the client immediately.

Movant shall mail a copy of this Order to Client forthwith.

CRITICAL

Applies to

Exhibits

Parties presenting exhibits at in-person, Zoom, or telephonic hearings must provide copies of the exhibits and an exhibit list to the opposing attorney/party and attempt to agree on admissibility.

If you are going to be presenting exhibits at the in person, zoom or telephonic hearing, you must contact the opposing attorney or party, provide them with a copy of the exhibits, an exhibit list and agree to the exhibits that will be admitted.

CRITICALCivil cases

Applies to

Order

Every party must be copied on all orders submitted to the Judge for signature.

All parties must be copied on all Orders submitted to the Judge for signature.

CRITICAL

Applies to

Order

All parties must be copied on every order submitted to the judge for signature.

All parties must be copied on all Orders submitted to the Judge for signature.

CRITICALCivil cases

Applies to

Orders

Every order submitted to the judge for signature must be copied to all parties.

All parties must be copied on all Orders submitted to the Judge for signature.

CRITICAL

All parties must be copied on criminal emergency motions by 2:00 p.m. the day before the requested hearing.

EMERGENCY MOTIONS – All motions must be filed and all parties copied by 2:00 pm the day before the hearing is requested.

CRITICALCivil cases

Applies to

Emergency motion

Emergency motions must be filed with the Clerk of Court and served on all parties.

Make sure your motion has been filed with the Clerk of Court and all parties have been provided with a copy of the motion.

CRITICALCivil cases

All parties must be provided with a copy of the emergency motion.

all parties have been provided with a copy of the motion

CRITICAL

Proof of service must be filed in the court record before the pre-trial conference; cases without it may be removed from the calendar or not called.

Cases without proof of service filed in the court record may be removed from the calendar and/or may not be called by the Court. Parties are responsible for ensuring that service has been properly effectuated and documented before the scheduled pre-trial conference.

CRITICAL

Applies to

Notice of hearing

The moving party must provide the filed Notice of Hearing and Zoom information to all opposing parties, including self-represented litigants, so all parties can appear.

The moving party is responsible for providing the filed Notice of Hearing and Zoom information to all opposing parties, including self-represented (pro se) litigants. The moving party must ensure that all parties have the necessary information to appear at the scheduled hearing.

CRITICAL

Service

Electronic service to court

When filing through the E-Filing Portal, the division email 11thFC33@jud11.flcourts.org must be added to the E-Service list.

When filing through the E-FILING PORTAL please add 11thFC33@jud11.flcourts.org to the E-Service list

CRITICAL

Service

Mail to opposing party

If the opposing party is not registered for COURTMAP, the party must generate its own notice of hearing with an appropriate certificate of service and mail it to the opposing party.

IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRAITE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

CRITICAL

Service

Electronic service to opposing party

The filing party must e-serve the opposing side with the filing through the E-Filing Portal.

On the E-FILING PORTAL, E-SERVE the opposing side with your filing.

CRITICAL

Applies to

Motion

Service

Electronic service to opposing party

Filings must be e-served on the opposing side through the E-Filing Portal.

On the E-FILING PORTAL, E-SERVE the opposing side with your filing.

CRITICAL

Applies to

Notice of hearing

Service

Mail to opposing party

If the opposing party is not registered for courtMAP, the filer must generate their own notice of hearing with a certificate of service and mail it to the opposing party.

IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRAITE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

CRITICAL

Applies to

Proposed order

Service

Electronic service to opposing party

The opposing party must be included in every courtMAP submission.

YOU MUST INCLUDE THE OPPOSING PARTY IN ALL SUBMISSIONS VIA COURTMAP

CRITICALCriminal cases

Please make sure the opposing party has received a copy as well.

Please make sure the opposing party has received a copy as well.

CRITICAL

Counsel must provide the State with a copy of the motion to increase or reduce bond.

Provide the State with a copy of the motion.

CRITICAL

Deadline

10 business days

Service

Mail to agency

Return-of-property motions require 10 business days' notice of hearing to the police department, and defense counsel must prove service on the law enforcement agency holding the property via certified mail return receipt, fax confirmation, or an agency receipt.

these motions require a 10-business day notice of hearing to the police department. Defense Counsel must present proof that the motion was submitted to the law enforcement agency holding the property. This can be accomplished by 1. Sending the motion to the agency by Certified Mail, Return Receipt Requested and bringing the green return receipt post card to court 2. Faxing the motion to the agency and bringing a fax confirmation printout to court; or 3. Obtaining a receipt from the agency verifying they were served with the Motion.

CRITICAL

A copy of the seal/expunge motion must be provided to the State, and if the State objects the hearing will be reset with notice to the attorney.

Provide a copy to the State. If there is an objection by the State it will be reset with notice to the attorney.

CRITICALCriminal cases

Applies to

Notice of hearing

The movant must prepare and serve a Notice of Hearing on all parties.

The movant is responsible for preparing and serving a Notice of Hearing on all parties.

CRITICAL

Mandatory disclosure (including financial affidavit) must be exchanged within 45 days of serving the initial pleading, and non-compliance may result in an order to show cause why the matter should not be dismissed or default entered.

Pursuant to Florida Family Law Rule 12.285(b)(2), mandatory disclosure must be exchanged within 45 days of serving the initial pleading, accompanied by the filing of a certificate of compliance as required by Rule 12.285(j). This includes a financial affidavit. Parties seeking temporary financial relief must exchange disclosure pursuant to rule 12.285(b)(1). In the event this Court determines that Rule 12.285 has not been complied with, and the parties have not agreed in writing to an extension for the exchange of disclosure, this Court may issue an order show cause why the matter should not be dismissed or default entered against the non-compliant party, or both.

CRITICAL

Deadline

24 hours

For emergency hearings, witness lists and exhibits must be exchanged within 24 hours of the hearing.

In the event of an emergency hearing, the parties shall exchange witness lists and exhibits within 24 hours.

CRITICAL

Each exhibit must be shown to the opposing party at least 7 days before trial, and exhibits not listed in the Pre-trial Catalogue may not be used except for good cause.

EXHIBIT LIST: The Pre-trial Catalogue shall contain a list o all exhibits which may be used at trial. Each exhibit must be shown to the opposing attorney/pro se litigant at least seven (7) days before trial. Exhibits not specifically listed may not be used at trial except for good cause shown.

CRITICAL

Service

Electronic service to court

Filings through the E-Filing Portal must add 11thFC47@jud11.flcourts.org to the e-service list.

When filing through the E-FILING PORTAL please add 11thFC47@jud11.flcourts.org to the E-Service list.

CRITICAL

Applies to

Emergency motion

Emergency motions must be provided to opposing counsel.

Please submit your Emergency Motion through courtMAP and make sure the Emergency Motion has been filed with the Clerk of Court and provided to opposing counsel.

CRITICAL

Applies to

Notice of hearing

The setting party must serve the opposing party a Notice of Hearing with Zoom instructions when scheduling and must file the notice with the Clerk.

The setting party must provide Notice of Hearing with instructions on how to appear using Zoom to the opposing party when scheduling a hearing and must file the notice with the Clerk.

CRITICAL

Applies to

Notice of hearing

Written notice of the hearing, along with a copy of the motion, must be provided to opposing parties immediately after the hearing is set.

Written Notice to Opposing/Parties prior to hearing shall be provided immediately after hearing is set by a party, along with a copy of the motion.

CRITICAL

Deadline

7 calendar days

Applies to

Notice of hearing

Motions set on the Motion Calendar require at least 7 calendar days' notice before the hearing.

Notice Before Hearing: 7 Calendar Days

CRITICAL

Applies to

Notice of hearing

The movant must prepare and serve the Notice of Hearing on all parties when placing a motion on calendar.

The movant is responsible for preparing and serving the Notice of Hearing to all parties

CRITICAL

Applies to

Motion for return of property

Motions for return of property must be served on the arresting agency, and proof of service must be provided at the hearing.

The motion must be served on the arresting agency and proof of said service must be provided at the hearing.

CRITICAL

Applies to

Notice of hearing

For Nebbia motions, the movant must prepare and serve the Notice(s) of Hearing.

The movant must prepare and serve the Notice(s) of Hearing.

CRITICAL

Applies to

Exhibits

A copy of the exhibit list and exhibits must be provided to the opposing party or their attorney before the hearing.

In addition, you must provide a copy of the exhibit list and exhibits to the opposing party or their attorney (if they are represented by counsel).

CRITICAL

Service

Mail to opposing party

If the opposing party is not registered for Courtmap, the filer must generate their own notice with a certificate of service and mail it to the opposing party.

IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRAITE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

CRITICAL

Applies to

Courtmap submission

Service

Electronic service to opposing party

Opposing counsel or the pro se party must be included in all Courtmap submissions.

YOU MUST INCLUDE THE OPPOSING COUNSEL OR PRO SE PARTY(IES) IN ALL SUBMISSIONS