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

CRITICALCivil cases

Applies to

Proposed exhibit list

The Proposed Exhibit List must be served on the opposing party or counsel at least 7 days before the evidentiary hearing.

At least seven days prior to any evidentiary hearing, all parties or their counsel shall file with the e-filing portal and serve on the opposing party or counsel, a Proposed Exhibit List.

CRITICALCivil cases

Applies to

Exhibit

Each exhibit must be served on the opposing party or counsel at least 7 days before the evidentiary hearing.

At least seven days prior to any evidentiary hearing, all parties or their counsel shall file with the e-filing portal and serve on the opposing party or counsel, each Exhibit which the party wishes to use at the evidentiary hearing.

CRITICALCivil cases

For motion calendar hearings, the setting party must notify all parties of interest, confirm their attendance, and send Zoom instructions.

Setting parties must notify all parties of interest and confirm their attendance. Also zoom instructions must be sent by the setting party.

CRITICALCivil cases

For special set hearings, the setting party must notify all parties of interest, confirm their attendance, and send Zoom instructions.

SETTING PARTIES MUST NOTIFY ALL PARTIES OF INTEREST OF THE SPECIAL SET HEARING AND CONFIRM THEIR ATTENDANCE. ALSO ZOOM INSTRUCTIONS MUST BE SENT BY THE SETTING PARTY.

CRITICALCivil cases

Applies to

Special set hearing

For special set hearings, the setting party must notify all parties of interest, confirm their attendance, and send the zoom instructions.

SETTING PARTIES MUST NOTIFY ALL PARTIES OF INTEREST OF THE SPECIAL SET HEARING AND CONFIRM THEIR ATTENDANCE. ALSO ZOOM INSTRUCTIONS MUST BE SENT BY THE SETTING PARTY.

CRITICAL

Service

Electronic service

All parties and counsel must register for the clerk's electronic service list and maintain an accurate email address.

Parties and their counsel are required to register for the clerk's electronic service list and are required to keep an accurate email address.

CRITICAL

Applies to

Notice of hearing

Service

Mail

Notices to self-represented litigants or parties without a listed email address must be mailed by U.S. mail and include all Zoom hearing information.

ANY NOTICES SENT TO PRO-SE LITIGANTS OR ANY PARTY WITHOUT A LISTED EMAIL ADDRESS, SHALL BE MAILED VIA U.S. MAIL, AND IT SHALL INCLUDE ALL ZOOM INFORMATION FOR THE HEARING.

CRITICAL

Applies to

Notice of hearing

Immediately after a party sets a hearing, written notice and a copy of the motion must be provided to the opposing parties before the hearing.

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.

CRITICALCivil cases

Applies to

Trial exhibits

At least 10 days before trial, all trial exhibits except impeachment exhibits must be provided to opposing counsel/party for examination and initialing.

All exhibits to be offered in evidence at trial, except those used for an impeachment, shall be provided to opposing counsel/party for examination and initialing.

CRITICALCivil cases

Applies to

Pleadings

All pleadings must be filed in the Clerk's Office with copies served on all parties.

All Pleadings must be filed in the Clerk's Office with copies to all parties.

CRITICALCriminal cases

Service

Email to all parties

All parties to the case must be included in the email requesting a hearing date.

All parties to the case must be included in the email.

CRITICALCriminal cases

Service

Electronic service to court

Counsel must add the division email F015@jud11.flcourts.org to their service list so chambers receives copies of motions submitted through e-filing.

E-service/E-courtesy: Please add F015@jud11.flcourts.org (Division email) to your service list to ensure Chambers receives copies of motions submitted through e-filing.

CRITICAL

Service

Electronic service to opposing party

Motions filed on the E-Filing Portal must be e-served on the opposing side.

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

CRITICAL

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

Service

Electronic service

Self-represented persons must follow the Florida e-Portal instructions for e-service of documents.

Lay persons are required to follow the Florida e-Portal instructions for e-filing and e-service of documents.

CRITICALCriminal cases

Applies to

Motion

The Motion and Notice of Hearing must be served on 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.

CRITICAL

Applies to

Request for special set hearing

Service

Mail to opposing party

A certificate of service must certify that a true and correct copy of the request and accompanying motions was sent via mail to the 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

Emergency motion

Service

Email to opposing party

The email to chambers about an emergency motion must copy opposing counsel/party.

Opposing Counsel/Party MUST BE COPIED.

CRITICAL

Applies to

Notice of hearing

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

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

CRITICAL

Applies to

Emergency motion

The emergency motion 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 for trial

Service

Email to all parties

The service list must include email addresses for all parties to the case to ensure proper delivery of the Trial Order via CourtMap.

On the service list you MUST include all parties(email addresses) to the case to assure proper delivery of Trial Order via CourtMap.

CRITICAL

Applies to

Proposed order

Service

Mail to all parties

When submitting orders, the service list must include physical mailing addresses for any party who has not provided an email address.

Service List Requirements: When submitting orders, you must include physical mailing addresses for any party who has not provided an email address.

CRITICAL

Service

Mail to all parties

If a party has no email address, the plaintiff must notify all parties by U.S. Postal regular mail.

If a party to the case does not have an email address, the Plaintiff is hereby directed to notify all parties by U.S. Postal regular mail.

CRITICAL

Applies to

Proposed order

All parties must be included on the service list for proposed orders.

Please ensure that ALL parties have been included on the service list.

CRITICAL

Applies to

Notice of hearing

Written notice of the hearing and a copy of the motion must be provided to opposing counsel/parties immediately after the hearing is set.

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.

CRITICAL

Applies to

Proposed order

Landlord/tenant proposed orders must include all parties on the service list.

For any Landlord/Tenant Proposed Orders, please ensure that ALL parties are included in the service list.

CRITICAL

When the Order of Referral is served by mail, parties have an additional 5 days to object to the referral.

If the Order of Referral is served by mail, the parties have an additional five (5) days within which to object to the referral.

CRITICALCivil cases

Applies to

Notice of hearing

The party setting a hearing must file and serve the opposing party with a notice of hearing immediately after setting it.

The Party setting the hearing shall file and serve upon the opposing party a notice of hearing immediately after the hearing is set.

CRITICAL

Deadline

5 business days

Hearings on the open motion calendar require at least 5 business days' notice before the hearing.

Notice Before Hearing: 5 Business Days

CRITICAL

If the defendant has no contact information, the plaintiff must serve the emergency hearing notice by posting it on the defendant's door.

When a hearing is scheduled for an emergency matter and there is no contact information for the defendant, plaintiff must post the hearing notice on the defendant's door.

CRITICAL

Deadline

7 business days

Special set hearings require at least 7 business days' notice before the hearing.

Notice Before Hearing: 7 Business Days

CRITICAL

Applies to

Emergency motion

No emergency hearing will be scheduled on a new case without proper service, and a return of service must be filed with the Clerk of Courts.

The Court will not schedule an Emergency Hearing on a new case where there has not been proper service. A return of service must be filed with the Clerk of Courts.

CRITICAL

Applies to

Exhibits

Parties may deliver to chambers a physical copy/binders of evidence, however, one must also be delivered to opposing counsel at least three (3) days prior to the hearing date.

Parties may deliver to chambers a physical copy/binders of evidence, however, one must also be delivered to opposing counsel at least three (3) days prior to the hearing date.

CRITICAL

Applies to

Emergency motion

A copy of the emergency motion must be forwarded to opposing counsel.

2. Forward a copy of the motion to opposing counsel.

CRITICAL

Return of property motions must be filed with the Clerk with copies to the State, the possessing agency, and chambers, and will be scheduled at least two weeks out.

RETURN OF 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. The judicial assistant will set the motion on calendar. The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection.

CRITICAL

Applies to

Motion to suppress

Suppression motions must be filed with the Clerk with a copy to chambers, after which the JA calendars the case to select a special set hearing date.

SUPPRESSION MOTIONS: File the original with the Clerk's office and send a copy to chambers. The judicial assistant will place the case on calendar to select a special set date and time for the hearing.

CRITICAL

Applies to

Motion to increase or reduce bond

Service

Email to court

Bond increase/reduce motions must be filed with the Clerk with an emailed copy to chambers.

INCREASE/REDUCE BOND: File the original with the Clerk's office and email a copy to chambers.

CRITICALCriminal cases

Opposing counsel must be copied on all emails, including emails to the JA placing motions on calendar.

You must copy opposing counsel on all emails.

CRITICALCriminal cases

Applies to

Notice of hearing

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

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

CRITICAL

Seal/expunge motions must be filed with the Clerk with a copy sent to chambers; counsel need not attend the hearing if all documents are in order.

SEAL/EXPUNGE: File the original with the Clerk's office and send a copy to chambers. The JA set the motion on calendar. Counsel does not have to be present at the hearing if all documents are in order.

CRITICAL

For an emergency request, file the motion with the Clerk and serve the opposing party, call Chambers to confirm receipt, and await instructions after judicial review.

1) File the Motion with the Clerk of Courts with service to the opposing party; 2) Call Chambers to confirm receipt of the Emergency Request/Motion; 3) Upon the Judge's Review of the Motion, we will call your office with instructions.

CRITICAL

When scheduling a hearing, the setting party must provide the Notice of Hearing to the opposing party and file it 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

Deadline

7 business days

Notice of hearing must be given at least 7 business days before the hearing.

Notice Before Hearing: 7 Business Days

CRITICAL

Applies to

Emergency motion

All emergency motions must be filed with the Clerk of Court and provided to opposing counsel.

All emergency motions must be filed with the Clerk of Court and provided to opposing counsel.

CRITICAL

Applies to

Exhibits

Before the hearing, parties must provide copies of all proposed exhibits to the opposing party and 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

Parties must register their email address and physical mailing address with the Clerk of the Court to receive notices, reports, and orders.

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

CRITICAL

Service

Electronic service to opposing party

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

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

CRITICAL

Service

Electronic service to court

Filers using the E-Filing Portal must add the stated address to the E-Service list.

When filing through the E-FILING PORTAL, please add 11thFC07@jud11.flcourts.org to the E-Service list.

CRITICAL

All matters to be heard by the court must be filed with the Clerk of Court and a copy must be submitted to the other side or their attorney.

All matters to be heard by the court MUST be filed the Clerk of Court, and a copy must be submitted to the other side or their attorney.

CRITICAL

All communications to the Court must include the opposing party or their attorney and any other necessary parties such as a Guardian Ad Litem or Assistant State Attorney.

The opposing party or their attorney (as well as any other necessary parties such as a Guardian Ad Litem or Assistant State Attorney for the Department of Revenue) must be included in all communications to the Court.