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

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.

CRITICAL

Original note/loan documents must be delivered to the Clerk of Courts, Attn: Notes and Mortgages, at the Osvaldo N. Soto Miami-Dade Justice Center using tracked delivery.

The original note/loan documents are to be delivered to: Clerk of Courts Attn: Notes and Mortgages, Location: Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Court, 3rd Floor, Miami, FL 33128 and also Use delivery with tracking.

CRITICAL

Attorneys bear sole responsibility for serving notice on all parties in the case.

All attorneys are solely responsible for serving notice on all parties involved in a case.

CRITICAL

The Court will not provide notice of hearings, trial settings, calendar calls, or orders, and the parties' notice duty applies even when the opposing party is pro se or defaulted.

The Court and Judge Lopez's office will NOT, and are NOT responsible for, providing notice of hearings, trial settings, calendar calls, or orders entered by the Court. This obligation remains in effect even where the opposing party is self-represented (pro se) or has been Defaulted.

CRITICALCivil cases

Applies to

Emergency motion

Before proceeding with an emergency motion, ensure it has been filed with the Clerk and copies provided to opposing counsel.

Make sure the Emergency Motion has been filed with the Clerk of Court and copies provided to opposing counsel.

CRITICALCivil cases

Applies to

Motion response

Service

Electronic service to opposing party

A response to the motion is required and must be filed and sent through courtMAP to the Court and opposing counsel at least five days before the hearing.

A response to the Motion shall be filed and sent to the Court through CourtMAP and to opposing counsel at least five (5) days prior to the hearing.  (A response is required).

CRITICALCivil cases

Applies to

Notice of hearing

After scheduling a hearing via CourtMAP, parties must still prepare, file, and serve a Notice of Hearing.

You must still prepare, file, and serve a Notice of Hearing.

CRITICAL

Applies to

Exhibits

Before a Zoom or telephonic hearing, parties presenting exhibits must contact the opposing attorney or party and agree on the exhibits to be admitted.

If you are going to be presenting exhibits at the zoom or telephonic hearing, you must contact the opposing attorney or party and agree to the exhibits that will be admitted.

CRITICAL

Applies to

Exhibit list

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

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

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.

CRITICALCivil cases

Applies to

Original loan documents

After the specified outcome, deliver the original note and loan documents to chambers using tracked delivery.

If motion is granted or mortgagee prevails at trial, the Final Judgment is to be uploaded via courtMAP and the Original Note/Loan Documents are to be delivered to Judge Watson's Chambers, Osvaldo Soto Justice Center, Room 13.235. Use delivery with tracking.

CRITICAL

Applies to

Proposed order

Service

Electronic service to all parties

The proposed order service list must contain e-filing addresses for opposing counsel and unrepresented parties.

The proposed order service list must contain e-filing addresses for opposing counsel/unrepresented party.

CRITICAL

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 they are provided to the Court, with mail or hand delivery required if counsel lacks an email address for an unrepresented party.

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.

CRITICAL

Applies to

Cover letter

Service

Email to all parties

The cover letter accompanying a proposed agreed or consent order must be copied to all opposing counsel and unrepresented parties.

A. Proposed agreed or consent orders, or orders on motions not objected to, without a hearing may be submitted to the Court with a cover letter, which must be copied to all opposing counsel/unrepresented parties, via courtMAP.

CRITICAL

Applies to

Notice of hearing

Service

Mail to opposing party

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

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

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.

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.

CRITICAL

Deadline

7 calendar days

The pre-trial catalogue must list all potential trial exhibits; each exhibit must be shown to the opposing party at least seven days before trial, and unlisted exhibits are excluded absent 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

The current financial statement attached to the pre-trial catalogue must also be exchanged with the other parties.

FINANCIAL AFFIDAVIT: A current, fully executed financial statement in accordance with Form 12.901(d) or (e) of the Florida Family Law Rules of Procedure shall be attached to the Pre-trial Catalogue and exchanged with the attorneys/pro se litigants.

CRITICAL

Deadline

7 calendar days

Witness lists and exhibits must be exchanged within 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

Applies to

Notice of hearing

The setting party must serve the Notice of Hearing upon all necessary parties.

The setting party shall file a Notice of Hearing, inclusive of the full title of pleading that is being set, the Docket Index Number for said pleading, and the Zoom link, via ePortal and serve same upon all necessary parties.

CRITICAL

Deadline

45 calendar days

Mandatory disclosure, including a financial affidavit, must be exchanged within 45 days after service of the initial pleading, with a filed certificate of compliance.

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.

CRITICAL

Submit the emergency motion through CourtMAP, file it with the Clerk, provide it to opposing counsel, and call chambers to confirm receipt.

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.   Call Chambers to confirm that we received your Emergency motion.

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

Applies to

Communication to court

Service

Email to opposing party

All communications to the Court must include the opposing party or their attorney and 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.

CRITICAL

A copy of every matter filed for hearing must be 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

Proposed exhibits

Before the hearing, parties must provide copies of proposed exhibits to the opposing party and attempt to stipulate to the exhibits.

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

CRITICALCivil cases

Applies to

Motion to disqualify

Service

Electronic service to court

Motions to disqualify must be served on the court by uploading to the CourtMap Emergency Task and emailing the judge, with a copy to all parties.

ALL MOTIONS TO DISQUALIFY ARE TO BE SERVED ON THE COURT BY UPLOADING SAME TO EMERGENCY TASK IN COURTMAP AND BY EMAIL TO JUDGE MANNO SCHURR (vmannoschurr@jud11.flcourts.org - this email address is for Motion to Disqualify ONLY, do not use Judge's email for any other inquiries) with a copy to all parties.

CRITICALCivil cases

Applies to

Motion for rehearing

Service

Mail to court

Motions for rehearing/reconsideration must not be scheduled for hearing; they must be served on the judge by regular US mail and chambers contacted at 305-349-7020 as soon as the motion appears on the docket.

ALL MOTIONS FOR REHEARING/RECONSIDERATION MUST BE REVIEWED BY THE COURT. DO NOT SCHEDULE FOR HEARING. MOTION FOR REHEARING/RECONSIDERATION MUST BE FILED AND SERVED ON THE JUDGE VIA REGULAR US MAIL AND BY CONTACTING THE CHAMBERS AT 305-349-7020, AS SOON AS MOTION APPEARS ON THE DOCKET (leaving a message is sufficient).

CRITICAL

Deadline

48 hours

Applies to

Exhibits

Service

Email to all parties

Evidence sought to be admitted must be emailed to the other party or counsel and to 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

Applies to

Notice of hearing

Service

Mail to opposing party

If the opposing party is not registered for CourtMAP, the movant 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 APPROPRIATE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

CRITICAL

Service

Electronic service to opposing party

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

Notice of hearing

Service

Mail to opposing party

If the opposing party is not registered for CourtMap, generate a notice with an appropriate certificate of service and mail it to that 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

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.

CRITICAL

Deadline

24 hours

Applies to

Case law

Case law must be provided to (covered 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.

CRITICAL

Applies to

Motion in limine

Service

Electronic service to opposing party

Motions in limine must be e-served on the opposing party in writing at least five days before trial; failure absent good cause is sufficient basis for denial.

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

CRITICAL

The return of property motion and notice of hearing must be served on the agency holding the property and the State, with proof of notice; 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.

CRITICAL

Deadline

48 hours

Applies to

Documents and evidence

Service

Email to opposing party

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.

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.

CRITICALCriminal cases

Before asking for a hearing date, counsel must hand deliver or email the motion to the Judicial Assistant.

Motions must be hand delivered or emailed to the Judicial Assistant prior to asking for a hearing.

CRITICALCriminal cases

Applies to

Notice of hearing

The Nebbia movant must prepare and serve the Notice of Hearing.

The movant must prepare and serve the Notice of Hearing.

CRITICALCriminal cases

Service

Mail to agency

The movant must be prepared to show the Court proof that the agency holding the property was served, either by certified mail return receipt or an agency receipt verifying service.

The movant must prepare a Notice of Hearing that includes the law enforcement agency holding the property and be prepared to show the Court proof that they were served. 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.

CRITICALCriminal cases

Applies to

Notice of hearing

Defense counsel must provide the bondsman with notice of the bond hearing.

Defense counsel shall notice the bondsman of the hearing.

CRITICALCriminal cases

Pretrial motions in limine and motions requiring evidentiary hearings must be served upon 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.

CRITICALCriminal cases

Applies to

Discovery motion

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

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.

CRITICAL

Applies to

Exhibits

Before the hearing, each party must provide copies of 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.

WARNINGCriminal cases

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.

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.

WARNINGCivil cases

Physical street addresses must be added to the service list for all parties that have not provided an email address.

Service List: You must add physical street addresses to the service list for all parties that have not provided an email.

WARNINGCivil cases

Counsel is responsible for providing the Zoom hearing link to anyone not on the service list.

Days/Time/Location: Wednesdays and Thursdays at 9:30 a.m., via Zoom. It is the responsibility of counsel to provide the Zoom link to anyone not on the service list.

WARNINGCivil cases

The client must provide a copy of the notice of new address to opposing counsel.

Client is responsible for updating the foregoing address by filing a notice of new address with the Clerk of the Court and providing a copy to opposing counsel.

WARNING

The scheduling party must share hearing Zoom details with individuals who are not on the service list.

Note: It is the responsibility of the scheduling party to share the Zoom details with any individuals not listed on the service list.