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

CRITICAL

Service

Electronic service to opposing party

The opposing side must be e-served through the E-Filing Portal with the filing.

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

CRITICALCivil cases

Service

Electronic service to opposing party

Parties must e-serve the opposing side with their filing through the E-Filing Portal.

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

CRITICALCivil cases

Deadline

5 business days

The moving party on the foreclosure motion calendar must give five business days' notice.

The moving party must give five business days notice.

CRITICALCivil cases

Deadline

7 calendar days

Notice Before Hearing: 7 Calendar Days

Notice Before Hearing: 7 Calendar Days

CRITICALCivil cases

Applies to

Special set request

Service

Email

Email should include an e-filed copy of the motion, and a completed special set request form with full details provided.

Email should include an e-filed copy of the motion, and a completed special set request form with full details provided.

CRITICALCivil cases

Applies to

Original note mortgage

Service

Mail to clerk

The original note & mortgage must not be mailed to Chambers; it must be delivered to the Clerk of Courts (Attn: Notes and Mortgages) using a tracked delivery method.

Do not mail original note & mortgage to Chambers. The Original Note/Loan Documents are to be delivered to the following mailing address: Clerk of Courts Attn: Notes and Mortgages Osvaldo N. Soto Miami-Dade Justice Center 20 NW 1st Avenue, Third Floor Miami, FL 33128 Important: Use a delivery method with tracking.

CRITICALCivil cases

Applies to

Original note loan documents

Service

Mail to clerk

Original note/loan documents must be delivered to the Clerk of Courts (Attn: Notes and Mortgages) in Miami using a delivery method with tracking.

The Original Note/Loan Documents are to be delivered to the following mailing address: Clerk of Courts Attn: Notes and Mortgages Osvaldo N. Soto Miami-Dade Justice Center 20 NW 1st Avenue, Third Floor Miami, FL 33128 Important: Use a delivery method with tracking.

CRITICALCivil cases

Service

Email to all parties

All parties must be copied on the email submitting an agreed transfer to chambers.

All parties must be copied on the email.

CRITICAL

Parties must register their email and physical mailing addresses with the Clerk to receive notices, Recommended Orders, and Orders.

You must register your email address and physical mailing address with the Clerk of the Court in order to receive notices, Recommended Orders, and Orders.

CRITICAL

The party setting a hearing must notify all parties of interest and confirm their attendance.

Setting parties must notify all parties of interest and confirm their attendance.

CRITICAL

Applies to

Emergency motion

The Emergency Motion must be provided to opposing counsel.

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

CRITICAL

Deadline

48 hours

Service

Email

Evidence sought to be admitted must be emailed to the other party or counsel and the General Magistrate’s office at least 48 hours before the hearing.

Any evidence which is sought to be admitted must be sent to the other party or counsel and to the General Magistrates office via email to 11thfcgm46@jud11.flcourts.org at least 48 hours prior to the hearing.

CRITICAL

Service

Email to court

The division e-service email address only accepts emails sent directly from the E-Filing Portal and rejects all other emails.

Please be aware the above email address will only accept emails directly from the E-FILING PORTAL and will reject all other emails sent from other email addresses.

CRITICAL

Service

Electronic service to court

When filing through the E-Filing Portal, parties must add 11thFC01@jud11.flcourts.org to the e-service list.

When filing through the E-FILING PORTAL please add 11thFC01@jud11.flcourts.org to the E-Service list.

CRITICAL

Applies to

Motion

Service

Electronic service to opposing party

Parties must e-serve the opposing side with their filing 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 party must generate its 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 APPROPRIATE 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 all COURTMAP submissions.

YOU MUST INCLUDE THE OPPOSING PARTY IN ALL SUBMISSIONS VIA COURTMAP

CRITICAL

Applies to

Notice of hearing

The setting party must serve the opposing party a notice of hearing containing Zoom appearance instructions and file it with the clerk; the courtMAP auto-generated NOH is insufficient because it lacks Zoom information.

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. The NOH automatically generated by courtMAP is not sufficient as it will not reflect the Zoom meeting information.

CRITICAL

Service

Electronic service to all parties

Both parties' information must be entered into the Service List on courtMAP.

Both parties’ information must be entered into the Service List on Court Maps.

CRITICAL

Applies to

Original loan documents

Original loan documents must be delivered to the Clerk's office before the hearing and must never be sent to chambers.

Original Loan Documents: Must be delivered to the Clerk's office prior to hearing. Please see the "Foreclosure" tab for specific instructions. NO LOAN DOCUMENTS ARE TO BE SENT TO CHAMBERS.

CRITICAL

Applies to

Original note and mortgage

Original notes and mortgages must not be mailed to chambers; the original note, mortgage, notice of filing, cost receipt, and final disposition form must be hand-delivered or sent by FedEx to the Courthouse.

Do not mail original note & mortgage to Chambers. The following items must be hand-delivered to the Courthouse or by Fed-Ex: 1.Original note 2.Original mortgage 3. Notice of filing of both 4. Receipt for costs 5. Final disposition form completed

CRITICAL

Deadline

1 business days

Hearings must be coordinated: the moving party offers a date upon service of the motion and all others must respond within one business day, or the moving party may set the hearing on the offered date.

Coordination of Hearings: Hearings shall be “coordinated” with all counsel and unrepresented parties. “Coordinated” means that the moving party offers a date upon service of the motion and all others respond within one (1) business day with agreement to the offered date or an alternate date(s) that is/are within a week of the offered date and on a date that the Court holds Motion Calendar. Failure to “coordinate” entitles the moving party to set the motion for hearing on the offered date.

CRITICAL

Applies to

Notice of hearing

The scheduling party must still prepare, file, and serve a Notice of Hearing on all parties relevant to the case.

You must still prepare, file, and serve a Notice of Hearing to ALL PARTIES relevant to the case.

CRITICAL

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.

CRITICAL

Service

Court service to all parties

When party names or addresses are confidential, the Court (not the movant) must serve the motion on all parties and affected non-parties in a manner that does not reveal the confidential information.

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.

CRITICAL

Applies to

Notice of confidential information

Service

Mail to opposing party

The Notice of Confidential Information form must include a certificate of service stating the service method (U.S. mail or personal service), recipient, and date.

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

CRITICAL

Written notice with a copy of the motion must be provided to opposing counsel/parties immediately after a hearing is set, and the setting party must file the Notice of Hearing on the docket.

Written Notice to opposing counsel/parties shall be provided immediately after a hearing is set by a party, along with a copy of the motion. The setting party is responsible for filing the Notice of Hearing on the docket.

CRITICALCriminal cases

Applies to

Return of property hearing notice

Notices should be sent to the legal department for that agency 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.

CRITICALCriminal cases

Applies to

Emergency or urgent motion

Service

Email to opposing party

The opposing party must receive a copy of the emergency or urgent motion and the explanatory email.

A copy of the Motion and email must be sent to the opposing party. [2]

CRITICALCriminal cases

Applies to

Return of property motion and notice

The motion and hearing notice must be served on both the agency holding the property and the State.

Both the motion and notice of hearing need to be served on the agency holding the property as well as the State.

CRITICALCriminal cases

Deadline

5 calendar days

Motions must be filed and served on opposing counsel five days before the hearing, with time computed under Florida Rule of General Practice and Judicial Administration 2.514.

Motions must be filed and served upon opposing counsel five (5) days prior to being heard. See Fla. R. Gen. Practice and Jud. Admin. 2.514 regarding computation of time.

CRITICALCriminal cases

Applies to

Return of property motion

Failure to file or provide notice or proof of notice to all interested parties is grounds to deny a return-of-property motion.

Failure to file/provide notice/proof of notice to all interested parties will be grounds for denial of the motion.

CRITICALCriminal cases

Applies to

Return of property motion

To have a return-of-property motion set, defendants must file the original with the Clerk’s Office and provide copies to the Judicial Assistant and opposing counsel.

Defendants must file the original motion with the Clerk’s Office and provide a copy to the Judicial Assistant and cover opposing counsel for the motion to be set.

CRITICAL

Applies to

Motion

Service

Email to opposing party

Motions must be filed and served 5 days before hearing, a copy emailed to the Judicial Assistant upon filing with the required subject line format.

Motions must be filed and served upon opposing counsel five (5) days prior to being heard. See Fla. R. Gen. Practice and Jud. Admin. 2.514. A copy of the filed motion must be forwarded to the Judicial Assistant by e-mail once filed to ensure it is properly scheduled. E-mails must include the subject line: HRG 11/29/2021 M21-012345 JOHN DOE.

CRITICAL

Applies to

Motion for return of property

Motions for return of property require service on the holding agency and the State with at least 10 days' notice to the agency's legal department; failure to provide notice is grounds for denial.

Notices should be sent to the legal department for that agency with at least ten (10) days' notice. Both the motion and notice of hearing need to be served on the agency holding the property as well as on the State. Failure to file/provide notice/proof of notice to all interested parties will be grounds for denial of the motion.

CRITICAL

All parties must be included in all communications to the Court.

All parties must be included in all communications to the Court.

CRITICAL

All Reports and Recommendations and Orders for signature must first be circulated among the parties before submission to the General Magistrate.

All Report and Recommendations and Orders for signature to the General Magistrate must first be circulated among the parties.

CRITICAL

Service

Email to all parties

In Juvenile Marchman cases, appointed counsel must receive copies of all documents submitted to the court and must be included on all correspondence sent to the General Magistrate's Assistant.

Counsel must receive a copy of all documents submitted to the court and must be included on all correspondence sent to the Assistant of the General Magistrate.

CRITICAL

Applies to

Exhibits

Before the hearing, a copy of each proposed exhibit must be provided to the opposing party.

Prior to the hearing, you must provide a copy of each of your proposed exhibits to the opposing party.

CRITICAL

All matters to be heard must be filed with the Clerk of Court (COCC) and a copy submitted to the opposing side or their attorney.

All matters to be heard by the court MUST be filed with the Clerk of Court and Comptroller of Miami-Dade County (COCC), and a copy must be submitted to the opposing side or their attorney.

CRITICAL

Applies to

Exhibit list

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

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

CRITICAL

Deadline

48 hours

Service

Email

Evidence sought to be admitted must be emailed to the other party or counsel and the General Magistrate’s office at least 48 hours before the hearing.

Any evidence which is sought to be admitted must be sent to the other party or counsel and to the General Magistrates office via email to 11thfcgm46@jud11.flcourts.org at least 48 hours prior to the hearing.

CRITICALCriminal cases

Service

Electronic service to court

Add the division email F006@jud11.flcourts.org to your service list so Chambers receives copies of motions submitted through e-filing.

Please add F006@jud11.flcourts.org (Division email) to your service list to ensure Chambers receives copies of motions submitted through e-filing.

CRITICAL

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

CRITICAL

Applies to

Motion

Service

Mail to all parties

The certificate of service must certify that a true and correct copy of the motions was sent via mail 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:

CRITICAL

Applies to

Notice of hearing

Service

Mail to opposing party

Do not notice a hearing before confirmation; if the opposing party is not registered for CourtMAP, generate and mail a notice with a certificate of service.

PLEASE DO NOT NOTICE YOUR HEARINGS UNTIL YOU HAVE RECEIVED CONFIRMATION THAT THE HEARING IS SET. IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRIATE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

CRITICAL

Applies to

Financial disclosure

Parties seeking temporary financial relief must exchange disclosure under Rule 12.285(b)(1).

Parties seeking temporary financial relief must exchange disclosure pursuant to rule 12.285(b)(1).

CRITICAL

Deadline

7 calendar days

Applies to

Exhibits

Each exhibit must be provided to the opposing party at least seven days before trial, and unlisted exhibits may not be used absent good cause.

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

Deadline

7 calendar days

Applies to

Witness lists and exhibits

Witness lists and exhibits must be exchanged at least seven calendar days before an evidentiary hearing, or within 24 hours for an emergency hearing.

Prior to any evidentiary hearing, the parties shall exchange witness lists and exhibits within 7 calendar days of the hearing. In the event of an emergency hearing, the parties shall exchange witness lists and exhibits within 24 hours.

CRITICAL

Service

Electronic service to opposing party

The opposing side must be electronically served with the filing through the E-Filing Portal.

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