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

Service

Other to agency

The moving party on a return-of-property motion must give the agency holding the property 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.

Deadline

10 business days

Applies to

Return of property motion

Service

Other to agency

Return-of-property motions require 10 business days' notice of the hearing to the police department.

Contact chambers to coordinate a date and time, these motions require a 10-business day notice of hearing to the police department.

Applies to

Return of property motion

Service

Other to agency

Defense counsel must present proof that the return-of-property motion was served on the law enforcement agency, via certified mail return receipt, fax confirmation, or an agency receipt.

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.

Applies to

Motion to increase or reduce bond

Service

Other to opposing party

Counsel must provide the State with a copy of the bond motion.

Provide the State with a copy of the motion.

Required

Always

Service

Email to all parties

Any email to the Judge or Judicial Assistant about a case must copy all counsel in the same email.

If you write the Judge or the Judicial Assistant about a case, you must copy all counsel in the same email.

Required

Always

Service

Email to opposing party

Opposing counsel must be copied on all emails to the Court, including emails submitting motions to chambers.

You must copy opposing counsel on all e-mails.

Applies to

Notice of hearing

Service

Other to all parties

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

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

Applies to

Notice of hearing

Service

Other to all parties

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.

Applies to

Motion for return of property

Service

Other to agency

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.

Applies to

Nonparty motion to vacate confidentiality order

Service

Other to all parties

The movant of a nonparty motion to vacate a confidentiality order or unseal records must serve all parties and all affected non-parties with the motion.

The movant must serve all parties and all affected non-parties with a copy of the motion.

Applies to

Nonparty motion to vacate confidentiality order

Service

Court service to all parties

For motions bearing the confidential-party designation, the court serves all parties and affected non-parties in a manner that does not reveal confidential information to the movant.

The Court shall be responsible for providing a copy of the motion to all parties and all affected non-parties in such a way as not to reveal the confidential information to the movant.

Deadline

10 calendar days

Applies to

Response

Service

Other

A response to the motion to vacate or unseal may be served within 10 days of service of the motion.

A response to a motion may be served within 10 days of service of the motion.

Applies to

Motion for return of property

Service

Other to agency

Defense counsel must present proof that a return-of-property motion was served on the law enforcement agency holding the property, via certified mail return receipt, fax confirmation, or an agency receipt.

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.

Applies to

Request for special set hearing

Service

Mail to opposing party

The filing party must serve the request and accompanying motions by mail on all opposing parties pursuant to the Florida Rules of Civil Procedure and include a certificate of service listing each party's name, address, phone, and email.

I hereby certify that a true and correct copy of the foregoing and accompanying motions has been sent via mail this ___ day of ___________________,________, pursuant to the Florida Rules of Civil Procedure to the following:

Applies to

Request for special set hearing

Service

Other to opposing party

Filer must certify on the hearing request that a copy of the motion(s) has been received by opposing counsel or party.

I certify that a copy of this Motion(s) has been received by the opposing Counsel or Party.

Applies to

Request for special set hearing

Service

Mail to all parties

A certificate of service is required certifying that a true and correct copy of the request and accompanying motions was mailed to all opposing parties pursuant to the Florida Rules of Civil Procedure.

I hereby certify that a true and correct copy of the foregoing and accompanying motions has been sent via mail this ___ day of ___________________,________, pursuant to the Florida Rules of Civil Procedure to the following:

Applies to

Cover letter

Service

Email to all parties

All counsel and unrepresented parties must be copied on the cover letter and proposed order at the same time it is provided to the Court; if counsel lacks an email for an unrepresented party, counsel must mail or hand deliver the proposed order and letter to the Court.

All counsel and unrepresented parties must be copied on the cover letter, including any proposed Order, at the same time provided to the Court. If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed order and letter to the Court consistent with the instructions above.

Applies to

Proposed order

Service

Mail to court

If counsel lacks an email address for an unrepresented party, counsel must mail or hand deliver the proposed order, cover letter, and attachments to the Court; if an unrepresented party does not receive e-filings, counsel must immediately provide the Court an addressed, stamped envelope for that party.

If counsel does not have an email address for an unrepresented party, counsel must mail or hand-deliver the proposed Order, cover letter and all attachments to the Court consistent with the instructions above. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope for that party.

Applies to

Proposed order

Service

Electronic service to all parties

The proposed order service list must include e-filing addresses for opposing counsel and unrepresented parties, and for unrepresented parties who do not receive e-filings, counsel must immediately provide the Court an addressed, stamped envelope.

The proposed order service list must contain e-filing addresses for opposing counsel/unrepresented party. If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.

Deadline

5 calendar days

Applies to

Motion in limine

Service

Electronic service to opposing party

Motions in limine must be e-served on the opposing party in writing five (5) days before trial.

Motions in limine must be efiled and e-served on the opposing party in writing five (5) days before trial.

Service

Other to agency

Both the return-of-property motion and the notice of hearing must be served on the agency holding the property and the State, and failure to provide notice/proof of notice to all interested parties is grounds for denial.

Both the motion and notice of hearing need to be served on the agency holding the property as well as the State. Failure to provide notice/proof of notice to all interested parties will be grounds for denial of the motion.

Deadline

24 hours

Applies to

Case law

Service

Other to opposing party

Case law provided to the Judge must also be covered (served) on opposing counsel at least 24 hours prior to the hearing.

If you have case law, please email it to the Judicial Assistant for the Judge before the hearing and cover opposing counsel at least 24 hours prior to hearing.

Deadline

48 hours

Applies to

Documents and evidence

Service

Electronic service to opposing party

A scanned copy of all hearing documents and evidence must also be sent directly to opposing counsel at least 48 hours before the hearing.

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.

Service

Other to opposing party

Pretrial motions in limine and motions requiring evidentiary hearings must be served on opposing counsel 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.

Applies to

Notice of hearing

Service

Other

In Nebbia proceedings, the movant must prepare and serve the Notice of Hearing.

The movant must prepare and serve the Notice of Hearing.

Service

Mail to agency

Proof of service on the law enforcement agency holding the property may be shown by certified mail return receipt (green card brought to court) or by a receipt from the agency verifying service.

This can be accomplished by (1) sending the Motion and Notice of Hearing to the agency by Certified Mail, Return Receipt Requested and bringing the green return receipt post card to court; or (2) obtaining a receipt from the agency verifying they were served with the Motion and Notice of Hearing.

Service

Other to other

Defense counsel must notify the bondsman of the hearing; a bondsman remaining on the bond must appear or file an affidavit of willingness to assume increased risk.

Defense counsel shall notice the bondsman of the hearing. If a bondsman is willing to remain on the bond, the bondsman must either appear in court or provide defense counsel with an affidavit acknowledging that there has been a change in circumstance in the bond posted and that the bondsman is willing to assume the increased risk.

Deadline

0 calendar days

Applies to

Discovery motion

Service

Other to opposing party

Discovery motions must be filed and served a reasonable time before the hearing so opposing counsel can respond.

Discovery motions (motions to compel, motions to perpetuate testimony, motions for protective order, etc.) shall be filed and served a reasonable time before hearing, to permit opposing counsel an opportunity to respond and to prepare for hearing.

Service

Other to opposing party

Motions to compel must be served 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.

Applies to

Seal expunge motion

Service

Other to opposing party

A copy of the seal/expunge motion must be provided to the State.

Provide a copy to the State.

Service

Mail

A copy of the Notice of Confidential Information must be furnished by U.S. mail or personal service, as certified in the certificate of service.

I HEREBY CERTIFY that a copy of the foregoing was furnished by U.S. mail/ personal service to: __________, on __________, 20 ___.

Service

Other to other

Copies of return of property motions must be sent to the State and to the agency in possession of the property.

File the original with the Clerk's office, send a copy to the State, the agency in possession of the property, and to chambers.

Required

Always

Service

Electronic service

The Judicial Assistant and the Bailiff must not be included in the e-filing service list.

Please do not include the Judicial Assistant or the Bailiff in the e-filing service list.

Deadline

10 calendar days

Service

Other to agency

Notices to the arresting agency must be sent to that agency's legal department with at least ten (10) days' notice.

Notices should be sent to the legal department for that agency with at least ten (10) days notice.

Applies to

Motion to vacate or unseal

Service

Court service to all parties

When the motion bears the "Confidential Party – Court Service Requested" designation, the Court serves the motion on all parties and affected non-parties without revealing confidential information to the movant.

The Court shall be responsible for providing a copy of the motion to all parties and all affected non-parties in such a way as not to reveal the confidential information to the movant when the motion states "Confidential Party – Court Service Requested."