Judge Samantha Ruiz Cohen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Hearing Notebook, Legal Memorandum, Brief, Cited Authorities
- Hand Delivery • At Least 7 Business Days Before Hearing Or Immediately If Scheduled Within
Motion In Limine, Notice Of Hearing, Written Response, Hearing Notebook, Legal Memorandum
- As Governed By Court Procedures
Motion, Flash Drive, Usb Drive, Cd, Other Media Devices
- Hand Delivery • At Least 7 Business Days Before Hearing Or Immediately If Scheduled Within
Notice Of Settlement, Notice Of Dismissal
- 1 copy • Email • Immediately Upon Filing
Communication
Chambers
Phone
Chambers
Document Format Requirements1 rule
If a motion to withdraw is granted, the moving attorney must use the Court's template, which is in Word format.
If the motion is granted, the attorney moving to withdraw shall use the template ... Word format.
DOCX
Document Filing Requirements39 rules
Proposed orders must include specific motion identifiers, either the docket index number or the e-filing number with the full motion name and filing date, per Administrative Order 22-02.
Counsel and self-represented litigants must include with every proposed order the specific identifiers, in accordance with Administrative Order 22-02, which established the requirements for inclusion of docket index numbers or motion identifiers on proposed orders and notices of hearings. The identifiers must include one of the following two options: - the docket index number for the motion, found to the immediate left of the date on the Clerk's website, which is the preferred reference, OR - the e-filing number, full name of motion, and date of filing for the motion as marked by the e-filing portal.
Document Type
Proposed Order
After calendaring through courtMAP, the party must still prepare, file and serve a Notice of Hearing.
However, you must still prepare, file and serve a Notice of Hearing.
Document Type
Notice Of Hearing
The conferral statement is insufficient unless it details the date and time of at least three conferral attempts within the month before filing and describes with particularity all efforts to accomplish dialogue with opposing counsel.
A statement that counsel attempted to confer with opposing counsel is insufficient unless the good faith statement details the date and time of at least three attempts to confer that occurred within the one-month period prior to the filing of the motion. The rule 1.202 Certificate of Conferral should describe, with particularity, all of the efforts undertaken to accomplish dialogue with the opposing party or opposing party’s counsel prior to filing the subject motion.
Document Type
Certificate Of Conferral
A certificate of conferral substantially in the form prescribed by Rule 1.202(b) must be filed with the motion, placed directly above the signature block.
Pursuant to Fla. R. Civ. P. 1.202(b), the movant must file with the motion a “certificate of conferral, prior to filing the motion,” substantially in the form provided in quotation marks within Rule 1.202(b). The Court will accept a certificate of conferral substantially in the form provided within Rule 1.202(b) set forth directly above the signature block of the motion.
Document Type
Motion
A Certificate of Conferral Prior to Scheduling the Motion for Hearing must be filed with the Notice of Hearing, certifying whether the meet-and-confer occurred and identifying the conference date, participating attorneys, and specific results obtained.
(iv) Counsel must file with the Notice of Hearing a "Certificate of Conferral Prior to Scheduling the Motion for Hearing" certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.
Document Type
Notice Of Hearing
Discovery motions must include a certification of a good faith attempt to resolve the matter without court action, as required by Fla. R. Civ. P. 1.380(a)(2).
All such discovery motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action. See Fla. R. Civ. P. 1.380(a)(2) and the "Meet and Confer Requirement" (See Sections II. J. and K.) supra for motion hearings.
Document Type
Discovery Motion
Objections to an examination must state the specific reasons for the objections.
The objections must state the specific reasons for the objections.
Document Type
Objection To Examination
Non-physical condition examinations under Rule 1.360(a)(1)(B) require an order of the court or a written agreement of all parties submitted as an agreed order.
Examinations sought under Fla. R. Civ. P 1.360(a)(l)(B) [non-physical condition] must be obtained with an order from this Court, or with a written agreement of all parties in the form of an agreed order submitted to this Court.
Document Type
Request For Non Physical Examination
Requests for a compulsory medical examination must set forth with specificity the time, place, manner, conditions, and scope of the examination and the name and qualifications of the examiner.
Requests for an examination must set forth the time, place, manner, conditions, and scope of the examination as well as the name of and the qualifications of the person conducting the examination with specificity.
Document Type
Request For Compulsory Medical Examination
Counsel must notify the Court of any pending hearings that will be canceled as a result of the settlement.
Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement.
Document Type
Notice Of Settlement
The Notice of Settlement must state that the parties have settled and whether the case will be dismissed with or without prejudice.
The Notice of Settlement must indicate that the parties have settled the case and indicate whether the case will be dismissed with or without prejudice.
Document Type
Notice Of Settlement
Along with the Notice of Settlement, the parties must promptly submit a proposed order of dismissal.
In the event of settlement, along with the Notice of Settlement, the parties are also to promptly submit a proposed order of dismissal.
Document Type
Notice Of Settlement
The minor's settlement approval submission must explain how the minor's net proceeds will be invested or protected, including the institutions/vehicles and their rating or stability.
Protection of Minor's net proceeds: The Court will need to know how the funds will be invested or protected and in what institution(s) or through which vehicle(s). This would include the rating or stability of the institution(s) or fund(s).
Document Type
Motion For Approval Of Minors Settlement
If an annuity will be purchased, the submission must include the annuity's cost, present value, payment schedule, company name, owner and its relationship to the released companies, and the company's rating.
If an annuity is to be purchased, the Court will need a copy of the information setting forth the cost, present value, payment schedule, the name of the company that will be used, the name of the owner of the annuity and its relationship to those companies being released, as well the rating of the company.
Document Type
Motion For Approval Of Minors Settlement
The submission must include initial medical records and a final report from each primary treating physician on the need or lack of need for future care and, if possible, approximate costs.
Copies of the initial medical records including the history and physical showing the presenting condition, if hospitalized the admission and discharge and summary resume will be necessary. A final report from each primary treating physician with an indication of the need for, or the lack of need for, future care and, if possible, the approximate costs.
Document Type
Motion For Approval Of Minors Settlement
A motion for approval of a minor's settlement must state the specific gross settlement amount and provide an itemized proposed distribution of the net proceeds.
The Court will need the following information in most cases: Amount. of Settlement: The specific amount of the gross settlement in this proposed offer and Motion for Approval. Distribution of the net proceeds: The itemized proposed distribution amongst the beneficiaries and/or survivors, the Estate, or other entities with claims and costs and attorney's fees.
Document Type
Motion For Approval Of Minors Settlement
A detailed closing statement showing attorney's fees, costs, distribution of funds, liens, and outstanding balances (per Rule 4-1.5) must be provided for the minor's settlement approval.
Closing Statement: A copy of a detailed closing statement showing the attorney's fees and the recipients, costs expended or to be expended, anticipated distribution of funds and to whom, liens resolved and unresolved, outstanding balances owed, as required by The Rules Regulating The Florida Bar and specifically Rule 4-1.5, and unresolved claims against the Estate, as well as any other claims being compensated from these proceeds.
Document Type
Closing Statement
The minor's settlement approval submission must include the appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement.
Guardian Ad Litem Report: The appointment of, and report from, a Guardian Ad Litem regarding the proposed settlement. The dollar amount, as noted above may require the appointment of a GAL.
Document Type
Motion For Approval Of Minors Settlement
Minor's settlement submissions must address the existence or lack of medical insurance, Medicaid, Medicare, or other payment sources for projected future treatment.
The existence of medical insurance, Medicaid, Medicare or other sources of payment, or lack thereof, for future treatment that has been projected.
Document Type
Minor Settlement Submission
The notice of hearing on an MIL must include a Certificate of Conferral Prior to Scheduling the Motion for Hearing.
a Certificate of Conferral Prior to Scheduling the Motion for Hearing in the Notice of Hearing filed with the Court
Document Type
Notice Of Hearing
Minor's settlement submissions must include medical reports documenting the child's condition and photographs, containing a cost estimate and explanation of the treatment plan, and the Court may require the child to appear at the hearing.
of the child after the incident and photographs of the present condition will be required. The Court may require that the child appear at the hearing in order to allow the Court to observe the condition(s). The above-mentioned medical reports should contain an estimate of the cost of and an explanation of the treatment plan for these injuries.
Document Type
Minor Settlement Medical Reports
MIL hearing notices must identify the specific issues that remain in controversy after the meet-and-confer.
Notices of hearing on MIL must identify the specific issues which remain in controversy after counsel have met and conferred.
Document Type
Notice Of Hearing
Each MIL must contain a Certificate of Conferral Prior to Filing Motion certifying a good faith attempt to resolve each item without court action.
such MIL contain a certification of a good faith attempt as to each item to resolve the matter without court action in the form of a Certificate of Conferral Prior to Filing Motion that the conference has occurred in the MIL
Document Type
Motion In Limine
Minor's settlement filings must include copies of the release and settlement agreements to be signed plus written assurances that counsel reviewed them and that they release only the settling party and its insurers.
A copy of the release, and any settlement agreements to which the minor, or his guardian on behalf of the minor, will need to sign and assurances that it has been reviewed by counsel and that all parties agree, in writing, that it is only intended to release the settling party and their insurers as insurers of this particular settling party, and is not intended to release any other defendant or non-party.
Document Type
Minor Settlement Release
An entitlement hearing must be set before attorney's fees are addressed, and once entitlement is found or uncontested, the counsel seeking fees must prepare the order finding entitlement.
If entitlement has not been found, a hearing on entitlement must be set first. If entitlement has previously been found or if entitlement is not being contested, counsel seeking attorney's fees and costs shall prepare the Order finding entitlement. The parties shall set the motion on attorney's fees in accordance with the procedures supra.
Document Type
Order Finding Entitlement
If the parties cannot agree on the form of a proposed order, the preparing party must include a cover letter saying so, unless the Court has requested competing orders with a set timeframe.
3. If the parties are unable to agree on the form of the order that accurately reflects the Court's ruling, the party that is requested to prepare the proposed order must include a cover letter reflecting such. 4. The aforementioned does not apply if the Court has asked for competing orders and provided a timeframe for the submission of same.
Document Type
Proposed Order
The party filing the MIL must prepare the proposed order after any contested hearing, and MIL rulings are non-final orders modifiable during trial.
The party filing the MIL will prepare the proposed order on any contested hearing reflecting the Court's ruling(s). All counsel is reminded that rulings on MIL are non-final orders subject to modification during trial as evidence is presented.
Document Type
Motion In Limine
MILs must state their grounds with particularity, the substantial matters of law to be argued, and identify the supporting evidence relied upon; the Court may summarily rule on any MIL not written with particularity.
The MIL shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies.
Document Type
Motion In Limine
Every proposed order presented after a hearing, whether submitted in writing or via email, must include a cover letter indicating the required items.
B. ALL PROPOSED ORDERS PRESENTED FOLLOWING HEARING, whether submitted to the Court in writing or via email as contemplated supra, MUST INCLUDE A COVER LETTER INDICATING:
Document Type
Proposed Order
All orders must have a caption describing the subject and the court's ruling, and must not be titled 'proposed.'
2. All orders must describe, in the caption, the subject and ruling of the court, i.e. "Order Granting Plaintiff's Motion for Partial Summary Judgment on Liability" See Fla. R. Civ. P. 1.100(1). Do not title the orders "proposed."
Document Type
Order
The cover letter accompanying a proposed order must state that all opposing counsel/unrepresented parties received the same materials provided to the Court and whether the parties agree with the language of the proposed Order.
2. That all opposing counsel/unrepresented parties have been provided with the same materials being provided to the Court, and whether the parties agree with the language of the proposed Order.
Document Type
Cover Letter
The cover letter must state that opposing counsel/unrepresented party received the same materials provided to the Court and whether that party agrees with the language of the proposed Order.
The letter must state that opposing counsel/unrepresented party has been provided with the same materials being provided to the Court and whether opposing counsel/unrepresented party agrees with the language of the proposed Order.
Document Type
Cover Letter
All consent orders must include the word 'Consent' or 'Agreed' in the caption and describe in the caption the subject and ruling of the court.
All consent Orders shall include the word "Consent" or "Agreed" in the caption of the proposed Order, and must describe in the caption, the subject and ruling of the court, i.e., "Agreed Order Granting Plaintiff's Motion to Compel." See Fla. R. Civ. P. 1.100(c)(2).
Document Type
Consent Order
Motions to withdraw must state the reasons for withdrawal and be set for hearing with proper notice to the client and all parties/attorneys under Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(1).
All Motions to Withdraw must set forth reasons for withdrawal and be set for hearing, with proper notice to the client, in accordance with Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(l), and all parties/attorneys.
Document Type
Motion To Withdraw
Attorneys delivering courtesy copies of documents or media must affirm in writing whether the copies are duplicates of what was filed with the Clerk.
Attorneys providing courtesy copies to the Court of documents as well as flash drives, USB drives, CDs, and other devices, must affirm in writing whether the courtesy copies are duplicates of what was filed with the Clerk so they are not retained when they are no longer needed.
Document Type
Courtesy Copy
Requests or agreed orders for non-physical examinations must set forth with specificity the time, place, manner, conditions, and scope of the examination and the name and qualifications of the examiner.
Please make certain the time, place, manner, conditions and scope of the examination as well as the name of and the qualifications of the person conducting the examination are set forth with specificity.
Document Type
Request Or Agreed Order For Non Physical Examination
Filing a Notice of Settlement while signatures or releases are still pending is disfavored.
It is disfavored for a Notice of Settlement to be filed pending signatures or releases.
Document Type
Notice Of Settlement
A mediation report alone is insufficient to remove a case from the hearing calendar or trial docket; a Notice of Settlement or Dismissal is required.
A copy of the mediation report is insufficient to remove the case from the Court's hearing calendar or trial docket.
Document Type
Mediation Report
The Court accepts a certificate of conferral substantially in the form of the First Option or Second Option templates inserted directly above the signature block of the Notice of Hearing, with an editable Word template available on the Court's website.
The Court will accept a certificate of conferral substantially in the form provided in, either First Option or Second Option, attached to these "Policies and Procedures" set forth directly above the signature block of the Notice of Hearing for the motion. For the convenience of counsel preparing the Notice of Hearing, the Court has provided Exhibit "B" attached to these "Policies and Procedures" together with the same template certificate of conferral in Word format published on the Court's website for counsel to edit and insert above this signature block of the Notice of Hearing.
Document Type
Certificate Of Conferral
Filing & Service rules
Electronic Filing Rules
Counsel and self-represented litigants must upload all necessary documents to the courtMAP hearing portal or the eFiling Portal.
Counsel and self-represented litigants must upload all necessary documents to the courtMAP hearing portal to facilitate court review, as required by the courtMAP User Rules for Motion Calendar Hearings and Special Set Hearings (https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtMAP/courtMAP-User-Rules) or the eFiling Portal.
Page 2 | Obligations of Parties and Counsel to ensure hearing accessibility
Hearings must be calendared through courtMAP with the filed motion and all supporting documents attached, and evidentiary hearings may not be set on the motion calendar.
In order to make calendar, select an available date on courtMAP. The filed motion(s) and all documents in support must be attached when the hearing is scheduled. Once a green “Success” message appears, the hearing is properly calendared. * EVIDENTIARY HEARINGS MAY NOT BE SET ON THE MOTION CALENDAR. *
Page 5 | II. Setting Hearing for Pending Motion (courtMAP calendaring)
Parties must promptly submit the proposed Order of Dismissal to the Court through the courtMAP system.
The parties should promptly provide the Court with a proposed Order of Dismissal through courtMAP.
Page 11 | VIII. Procedures for Settlement or Dismissal of Cases
All proposed orders must be submitted via courtMAP.
5. All proposed order shall be submitted via courtMAP.
Page 14 | XI. Proposed Orders When the Court Makes a Ruling Following a Hearing
Proposed agreed or consent orders, or orders on unobjected-to motions without a hearing, may be submitted to the Court via courtMAP.
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.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
Filing Timing and Cure Windows
No hearings involving trial matters, summary judgment (MSJ), or motions in limine (MIL) will be heard during the actual trial period absent unanticipated events.
NO HEARINGS DIRECTED TOWARDS MATTERS INVOLVING THE TRIAL, MSJ, OR MIL WILL BE HEARD DURING THE ACTUAL TRIAL PERIOD absent unanticipated events occurring.
Page 6 | H. Limitation on Hearings
Hearings on dispositive motions and trial matters must be filed and heard before the pre-trial conference, following the deadlines in the Case Management Order Setting Case for Trial.
All hearings related to dispositive motions and trial matters must be filed and heard prior to the pre-trial conference pursuant to the deadlines set forth in the Court’s Case Management Order Setting Case for Trial.
Page 6 | H. Limitation on Hearings
A hearing must be immediately requested on any filed examination objection, and failure to set the objection for immediate hearing is deemed abandonment of the request.
A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an "Abandonment of the Request" under the rules.
Page 9 | VII. Compulsory Medical Examinations (CME) - A. Request for, Objections to, and Hearings on Examination
Objections to an examination under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request, assuming service of process occurred at least 15 days before the request was served.
Objections to "Examination of Persons" under Fla. R. Civ. P 1.360(a)(l)(A) must be filed no later than thirty (30) days from the written request assuming service of process has occurred at least fifteen (15) days prior to the request being served.
Page 9 | VII. Compulsory Medical Examinations (CME) - A. Request for, Objections to, and Hearings on Examination
If counsel cannot agree on an examination date within 45 days of the request, the court will set the date upon written motion without consulting counsel's calendars.
If the attorneys cannot agree on a mutually convenient date for the examination to occur within forty-five (45) days of the request, the Court, upon written motion, will pick the date without consultation with counsels' calendars.
Page 9 | VII. Compulsory Medical Examinations (CME) - A. Request for, Objections to, and Hearings on Examination
Written requests for a compulsory medical examination should be made no later than 150 days before the pretrial date.
If examinations under these rules are requested such written request should be made no later than 150 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.
Page 9 | VII. Compulsory Medical Examinations (CME) - A. Request for, Objections to, and Hearings on Examination
MILs must be heard no later than the deadline set in the case management order or order setting case for trial, and will not be heard during trial.
MIL will not be heard during the trial later than the deadline set forth in the case management order or the order setting case for trial.
Page 13 | X. Motions in Limine (MIL)
Opposing counsel have five business days to file a written response to an MIL.
Opposing counsel shall have five (5) business days to file a written response if they wish.
Page 14 | X. Motions in Limine (MIL)
The Court may summarily rule on MILs lacking particularity, and any MIL not timely filed, discussed at the meet-and-confer, and (if unresolved) set for hearing is deemed abandoned.
The Court may summarily rule on any MIL not written with particularity as described above. Any MIL not timely filed and/or not discussed by counsel at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.
Page 14 | X. Motions in Limine (MIL)
Proposed orders following motion calendar must be drafted, circulated to opposing counsel, and submitted via courtMAP by close of business or the court-provided date.
1. If counsel is asked to prepare an order, following motion calendar, the order should be drafted and circulated to opposing counsel and submitted to the Court, via courtMAP, by close of business, or the date provided by the Court.
Page 14 | XI. Proposed Orders When the Court Makes a Ruling Following a Hearing
Case law and memoranda submitted less than 7 business days before the hearing, or for the first time at the hearing, may in the Court's discretion go unconsidered.
Case law and Memoranda provided to the Court less than seven (7) business days prior to the scheduled hearing or for the first time during the hearing may not (in the Court’s discretion) be considered.
Page 5 | G. Hearing Notebooks, Legal Memorandums, and Citations
Service and Proof of Service Rules
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.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
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.
Page 15 | XI. Proposed Orders When the Court Makes a Ruling Following a Hearing
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.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
Opposing counsel and unrepresented parties must be copied on the courtesy-copy cover letter and enclosures unless the enclosures were already provided via the e-portal/service of process, and the letter must specify this.
All opposing counsel/unrepresented parties must be copied with the letter and the enclosure(s), if the enclosure(s) not previously provided through the e-portal/service of process, and specify on letter.
Page 5 | F. Courtesy Copies
Opposing counsel must be provided with the same cover letter and hearing notebook/memorandum items delivered to the Court.
Please be sure to provide all opposing counsel with the same cover letter and item(s).
Page 5 | G. Hearing Notebooks, Legal Memorandums, and Citations
Plaintiff's counsel must give written notice, within 10 days of the examination, of the names, relationships, and number of persons who will attend the examination.
Plaintiff's counsel will notify, in writing within ten (10) days of the examination, the names, relationship to the plaintiff, and number of persons who will be present so that an examining room of sufficient size can be reserved.
Page 10 | VII. Compulsory Medical Examinations (CME) - C. Persons Who May Be Present at the Examination
If counsel lacks an email address for an unrepresented party, the proposed Order, cover letter, and all attachments must be mailed or hand-delivered to the Court.
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.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver an addressed, stamped envelope for that party to the Court.
If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver an addressed, stamped envelope for that party to the Court.
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.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
Courtesy Copy Requirements
Hearing notebooks, legal memorandums or briefs, and hard copies of significant cited authorities must be delivered to the Court at least 7 business days before the hearing (or immediately if scheduled sooner), by hand or mail with a cover letter, with the same items provided to opposing counsel.
Any hearing notebooks, legal memorandums or briefs, along with hard copies of the significant cited authorities, must be provided to the Court at least seven (7) business days before the hearing, or immediately if the hearing is scheduled within that time period. Such item(s) are to be hand delivered with a cover letter or mailed with a cover letter.
Page 5 | G. Hearing Notebooks, Legal Memorandums, and Citations
Hard-copy courtesy copies of all filings and media (flash drives, USB drives, CDs, other devices) for a time-certain scheduled hearing must reach the Court at least 7 business days before the hearing (or immediately if scheduled within that period), hand delivered or mailed with a cover letter; noncompliance may result in the hearing being cancelled without notice.
Courtesy copies (hard copies) of all Court filings, including, but not limited to, documents as well as items such as flash drives, USB drives, CDs, and other devices pertaining to a motion set for a time certain scheduled hearing MUST be provided to the Court no less than seven (7) business days prior to the scheduled hearing or immediately if the hearing is scheduled within that time period. Courtesy copies are to be hand delivered with a cover letter or mailed with a cover letter.
Page 5 | F. Courtesy Copies
When a case settles or is voluntarily dismissed with hearings or trial still scheduled, a courtesy copy of the e-filed Notice of Settlement or Dismissal must be emailed immediately to the Court's Judicial Assistant.
If a case settles or is voluntarily dismissed and there are future hearings or a trial scheduled on the Court's docket, please provide the Court's Judicial Assistant with a courtesy copy of an e-filed Notice of Settlement or Dismissal immediately by email to allow the Court to free up hearing/trial time for other cases.
Page 11 | VIII. Procedures for Settlement or Dismissal of Cases
A courtesy copy of the motion, joint stipulation, or similar document related to a proposed Order must be attached as supporting documents to the submission.
A courtesy copy of the motion, joint stipulation, etc. related to the proposed Order must be attached as supporting documents.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing
Courtesy copies of MILs, notices of hearing, written responses, hearing notebooks, and legal memoranda are governed by the Court's courtesy-copy procedures (governing section referenced but truncated in this excerpt).
Courtesy copies of such MIL, Notices of Hearing, written response(s), hearing notebooks, legal memorandums and citations are governed.
Page 14 | X. Motions in Limine (MIL)
Sealing & Redaction Procedures
The closing statement must not be filed with the Court; it must be submitted directly under seal or brought to the hearing if one is held.
The closing statement should NOT be filed with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.
Page 12 | IX. Minor's Settlement
For settlements with confidentiality agreements, a responsible party must be designated to seek and obtain sealing of the limited confidential documentation in the court file under Fla. R. Jud. Admin. 2.420(d).
Which party will take responsibility to seek, and obtain, the appropriate measure to seal the limited documentation in the Court file pursuant to Florida Rules of Judicial Administration, Rule 2.420(d)?
Page 13 | IX. Minor's Settlement
Pre-Motion Conference Requirements
A mandatory meet-and-confer process must occur before scheduling a hearing on any motion in Division 13, except for injunctive relief without notice, judgment on the pleadings, defaults, or class action maintenance.
A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division 13 and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; or to permit maintenance of a class action.
Page 6 | J. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion
Before filing any motion (except the listed exempt motion types), the movant must confer with opposing counsel in a good faith effort to resolve the issues, or risk the motion being stricken, denied, or sanctions.
Pursuant to Fla. R. Civ. P. 1.202(a), before filing a motion, except for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntary dismiss an action, the movant must confer with the opposing party in a good faith effort to resolve the issues raised in the motion.
Page 6 | I. Meet and Confer Requirement Prior to Filing the Motion
Failure to make a good faith effort to resolve a motion before scheduling a hearing may result in cancellation of the hearing, the motion being stricken or denied, sanctions, and/or denial of requested sanctions, though the Court may waive this requirement in appropriate circumstances.
(vi) Failure to make a good faith effort to resolve the issues raised in the motion before scheduling a hearing on the motion may, in the Court's discretion, result in the hearing being canceled, the motion stricken from the Court's calendar or denied, the imposition of sanctions, and/or the denial of any monetary or non-monetary sanctions requested by movant in the motion. The Court may waive this good faith effort requirement under appropriate circumstances, at the Court's discretion.
Page 7 | II. Setting Hearing for Pending Motion
All discovery motions and motions to compel must be set for hearing; motions that are merely filed without being set for hearing will be considered abandoned.
All discovery motions and motions to compel must be set for hearing to bring the matter to the Court's attention. The mere filing of a motion is insufficient. Any motions filed but not set for hearing will be considered abandoned.
Page 8 | VI. Motion to Compel or Motion for Sanctions for Failure to Produce Discovery and Motion for Protective Order
A motions in limine may not be scheduled for hearing until counsel have completed the required meet-and-confer under Sections III J and K.
A. MIL may not be scheduled for a hearing unless counsel have complied with the "Meet and Confer" Requirement (See Sections III J. and K.), supra
Page 13 | X. Motions in Limine (MIL)
Evidentiary hearings are in-person by default; Zoom requires written consent of all parties or, absent consent, leave of court via a written good-cause motion with a 15-minute hearing held before the evidentiary hearing.
All evidentiary hearings shall take place in-person. In the event, all parties agree to conduct their hearing via Zoom, the parties must all consent to such in writing. In the event all parties do not consent to use communication technology for an evidentiary hearing, any party desiring to use communication technology shall seek leave of court by filing a written motion setting forth why good cause exists pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.530(b)(2), and schedule a fifteen (15) minute hearing on such a motion to be heard prior to the evidentiary hearing.
Page 5 | D. Evidentiary Hearing or Non-Jury Trial
A valid conferral requires a substantive good-faith conversation in person, by telephone, or by communication technology, and a mere exchange of ultimatums by fax, e-mail, or letter does not qualify.
(ii) The term "confer" requires a substantive conversation in person, by telephone, or by communication technology in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter. Counsel who merely attempt to confer have not conferred for purposes of this Order.
Page 7 | II. Setting Hearing for Pending Motion
Counsel must promptly respond to conferral-scheduling inquiries, and if the conference cannot be held after three good faith attempts, the noticing counsel must document the dates and times of those attempts in the Certificate of Conferral.
(iii) Counsel must respond promptly to inquiries and communications from opposing counsel who notices the hearing and is attempting to schedule the conference. If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the Certificate of Conferral Prior to Scheduling the Motion for Hearing the dates and times of the efforts made to contact opposing counsel.
Page 7 | II. Setting Hearing for Pending Motion
Counsel who notices a hearing must ensure the Court and its Judicial Assistant are aware of any narrowing of issues or other resolution reached at the conferral conference.
(v) Counsel who notices the hearing shall ensure that the Court and the Court's Judicial Assistant are aware of any narrowing of the issues or other resolution as a result of the conference.
Page 7 | II. Setting Hearing for Pending Motion
Filing a Motion for Protective Order without attempting to set it for immediate hearing does not protect a party from the discovery requested.
The filing of a Motion for Protective Order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested.
Page 8 | VI. Motion to Compel or Motion for Sanctions for Failure to Produce Discovery and Motion for Protective Order
Counsel who schedules the hearing on a motion is responsible for arranging the required meet-and-confer conference.
It shall be the responsibility of counsel who schedules the hearing to arrange the conference.
Page 7 | II. Setting Hearing for Pending Motion
Adjournment & Extension Requirements
Hearings on motions to compel discovery or for protective order may not be cancelled without the Court's consent and an order or agreed order ruling on the motion(s).
C. When a hearing on a motion to compel discovery or a motion for protective order has been placed on the Court's calendar, the hearing may not be cancelled without the Court's consent and an order or agreed order submitted to the Court ruling on said motion(s).
Page 8 | V. Cancellation of Hearing
Time standard objectives may be adjusted when rescheduling or continuing a matter, depending on the availability of the judge, parties, or attorneys.
Regarding the rescheduling or continuance of a matter, depending on the availability of Judges and/or parties and/or attorneys, adherence to these Family Division time standard objectives may be adjusted.
Page 3 | Time Standards
Chambers Communication Rules
Offered hearing dates/times are not held and are only secured once noticed; all parties must respond within 24 hours or the date is released to another case and the Court may set the matter without regard to the parties' calendars.
The Judicial Assistant will "Reply to All" with available hearing dates/times. PLEASE NOTE: HEARING DATES/TIMES PROVIDED ARE NOT HELD AND MAY BE GIVEN TO OTHERS. HEARING DATES/TIMES ARE NOT SECURED UNTIL NOTICED. If the Court does not receive a response from all parties within twenty-four (24) hours, the date provided will be released to another case. Failure to respond may also result in the Court setting the matter without consideration of the parties' calendars.
Page 4 | II. Setting Hearing for Pending Motion - B. Court's Response to Hearing Time Request
After first conferring with opposing counsel, the party requesting a hearing must email the Court's Judicial Assistant (copying opposing counsel) with the case number, the motions to be set, and the amount of hearing time requested.
Only after first conferring, the party requesting the hearing shall email the Court's Judicial Assistant and copy their opposing counsel, and provide the case number, the motion(s) to be set for hearing and how much time is being requested.
Page 4 | II. Setting Hearing for Pending Motion - A. E-mail Hearing Time Request
A hearing cancellation is not effective until confirmed by the Court; an e-filed Notice of Cancellation alone is insufficient, and counsel should recontact the Judicial Assistant if no confirming call or email is received.
B. DO NOT assume the hearing is automatically removed from the Court's calendar. If you do not receive a telephone call or email confirming the cancellation, please try contacting the Judicial Assistant again. A Notice of Cancellation that has been e-filed with the Clerk is not sufficient notice of a cancellation. Cancellation of a hearing MUST be confirmed with and by the Court.
Page 8 | V. Cancellation of Hearing
The Court will not accept ex parte communications or correspondence; any matter must be brought by filing a motion with the Clerk of Court and copying all parties and/or counsel.
The Court CANNOT and WILL NOT engage in nor accept any ex parte personal communications or correspondence on a case. If you have a matter to bring to the Court's attention, please file the proper motion with the Clerk of Court and copy all parties and/or counsel in the case with said motion.
Page 16 | XIV. Ex Parte Communications/Correspondance
Counsel and self-represented litigants must cooperate on scheduling hearing dates and notify the judicial assistant if they cannot agree on available dates.
Counsel and self-represented litigants must cooperate on scheduling dates for hearings within these guidelines. If an attorney or party does not agree on available dates within these guidelines, Counsel and/or the self-represented litigant(s) should notify the judicial assistant of non-agreement.
Page 3 | Obligations of Parties and Counsel to ensure hearing accessibility
To cancel a hearing, call the Court with opposing counsel's office on the line, or alternatively email the Judicial Assistant copying opposing counsel.
A. When cancelling a hearing, please call the Court with opposing counsel's office on the line. You may also email the Judicial Assistant and copy opposing counsel notifying the Judicial Assistant of the cancellation.
Page 8 | V. Cancellation of Hearing
Motions seeking more than one hour of hearing time must be scheduled with the Court, with an estimate of the time required emailed to the Court's Judicial Assistant for the Court's consideration.
counsel is seeking more than one (1) hour of hearing time must be scheduled with the Court estimating the time required for such motion hearing to be emailed to the Court's Judicial Assistant for consideration by the Court.
Page 8 | IV. Hearing Requiring More Than One (1) Hour
Hearings in the Family Division are scheduled by emailing chambers, with the time to hearing depending on opposing counsel availability.
A reasonable time in the Family Division, from the date of scheduling the hearing, to the date of the hearing, after emailing chambers, taking into consideration the availability of opposing counsel, is as follows:
Page 3 | Time Standards
Division 13 chambers provides the judicial assistant's phone number, (305) 349-6237, as a contact method.
Estephania Acosta, Judicial Assistant eacosta-serret@jud11.flcourts.org (305) 349-6237
Page 1 | Header
Lawyers and pro se litigants with questions about the division's procedures are encouraged to promptly email the judicial assistant.
If any lawyer or pro se litigant has any questions about these procedures, they are encouraged to promptly e-mail my judicial assistant.
Page 2 | Introduction
To determine whether an order has been signed, parties must first check the Clerk of Court's record system, as the Judicial Assistant cannot track the signing of specific orders.
If you want to know if a specific order has been signed by the Judge, you should first check the Clerk of Court's record system to confirm it has been docketed as the Judicial Assistant is unable to track the signing of a specific order.
Page 15 | XII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected to, Without a Hearing