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PROBATE ATTORNEYS' CORNER

Table of Contents:

(Click on any item in the Table of Contents and it will take you to that section)        
  1. LINK TO JUDGES' DIRECTORY
  2. NEW: ETG/Procedure
  3. NEW: PROBATE CHECKLISTS
  4. PROBATE FORMS
  5. PROBATE ECOURTESY
  6. PROFESSIONAL GUARDIANSHIP REGISTRY
  7. TO CHECK STATUS OF PLEADINGS FILED 
  8. EX PARTE HEARING OVERVIEW
  9. PRE - EX PARTE CALENDAR MEETINGS WITH CASE MANAGERS ON WEDNESDAYS
  10. MENTAL HEALTH HEARINGS BEFORE A PROBATE JUDGE
  11. SPECIAL SET HEARINGS / APPOINTMENTS BEFORE A PROBATE JUDGE
  12. EXPEDITED AND EMERGENCY HEARING REQUEST
  13. ACCESS TO CASE MANAGERS OTHER THAN EX-PARTE HOURS
  14. PETITION FOR REHEARING AND/OR RECONSIDERATION
  15. REQUESTS FOR HEARING SCHEDULED FOR 30 MINUTES OR MORE
  16. NOTICES OF NON-JURY TRIAL
  17. MOTION TO TRANSFER CASE TO ANOTHER DIVISION
  18. PROPOSED ORDERS
  19. REQUEST FOR TRANSCRIPTION OF COURT RECORDED CDS
  20. EMERGENCY JUDGE ASSIGNMENT
  21. NOTICES OF VACATION
  22. APS & GUARDIANSHIP MATTERS REGISTRY (WHEEL)
  23. E-FILING BY ATTORNEYS
  24. UPDATE ON PROBATE DIVISION EFILING IN THE ELEVENTH JUDICIAL CIRCUIT
  25. ELECTRONIC ACCESS TO IMAGED ESTATE AND GUARDIANSHIP FILES BY THE ATTORNEY OF RECORD
  26. AO'S TO INCLUDE NOTICE OF RELATED CASES FILING REQUIREMENT



NEW: Procedures to follow on Petitions for Emergency Temporary Guardian. To download click here.

NEW: There are Guardianship and Estate CHECKLISTS at the following link that may be helpful in preparing for a hearing before the court. Since each case is different, other documents may be required. For CHECKLISTS click here.

NEW: There are many approved Estate and Guardianship forms at the following link. These forms are fillable and should be used when appropriate in lieu of the proposed orders prepared by attorneys. Click here.

NEW: To submit proposed orders through eCourtesy for Probate click here.

NEW: Professional Guardianship Registry: Please see Details link and Application link for the Eleventh Judicial Circuit of Florida Probate Division Professional Guardianship Registry (PGR).
Also to see the Administrative Order (AO) on this Registry, click
here.

 

PROBATE PROCEDURAL GUIDELINES FOR ATTORNEYS

TO CHECK STATUS OF PLEADINGS FILED
The General Public should utilize the following website to check the status of pleadings filed: https://www2.miami-dadeclerk.com/Civil/ 

Beginning April 28, 2014, Probate attorneys of record will be able to view imaged documents using Public Access. Please complete the application at the following link to register. http://www.miami-dadeclerk.com/library/family/965-Odyssey-User-ID.pdf 

The Clerk will email or place on the Public Access website, instructions for Public Access, once you have completed the application and been approved by the Clerk.

EX PARTE HEARING OVERVIEW

In the event of an emergency petition for administration, please contact the assigned Judge's Judicial Assistant for instructions on how to proceed with an emergency rather than scheduling an Ex Parte Hearing appointment for the emergency petition for administration.

Click here for information.

PRE - EX PARTE CALENDAR MEETINGS WITH CASE MANAGERS ON WEDNESDAYS

The case managers will  review cases submitted online and be available to meet with attorneys on Wednesday mornings from 9:00 a.m. until 10:30 a.m. to pre-screen files for Thursday's Ex-Parte Calendar. A maximum of three (3) files will be reviewed with a maximum of six (6) orders per file. The case managers will meet with attorneys on Wednesdays. Attorneys can sign up on the Ex Parte Calendar with the Case Manager on Tuesday for the Wednesday meeting.

The Ex Parte calendar is held on:

  • Wednesday from 9:00 to 12:00 noon. except during court closures,
  • Scheduling is available the day before (Tuesday) from 8:30 a.m. to 12:00 noon.
The schedule has an established number of appointments; therefore, appointments are available on a FCFS basis within the Scheduling System.

In order to obtain the desired appointment, attorneys should complete the scheduling process as early as possible. Delay in completing the scheduling process may hinder the ability of obtaining an appointment. The system only accepts submissions where all required information has been entered.
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If there are paper court file documents needed for the hearing, you must ORDER the paper case file from the clerk on the 2nd floor (room 238). Remember to send a fax request for the file to fax #305-349-7499 by 9:00 am the day before the hearing.

If the case manager approves the proposed order(s) for execution by the Judge, please either leave the order(s) with the case manager or sign up for the Judge's Thursday Ex Parte Hearing on the Judge's clipboard for the Judge's execution on Thursday.

On Thursday, the proposed order(s) will be available in the 11th floor lobby. The Judge's Bailiff will call the attorneys listed on the clipboard for the Ex Parte Hearing at 9:30 a.m. or shortly thereafter.

MENTAL HEALTH HEARINGS BEFORE A PROBATE JUDGE
WHEN
: normally Tuesday & Thursday after Ex Parte. If full, may include other days and times

HOW: Calendar is created when the Mental Health clerk inputs docket entries.
BEFORE ODYSSEY: Court File was paper
BEGINNING April 28th, 2014 any document filed electronically will be imaged into Odyssey.
The Court and Mental Health Clerk can view the images through Odyssey.
The Attorney of Record will need to go to Mental Health Clerk’s Office to view any Mental Health case. It will NOT be seen in PUBLIC ACCESS (PA).

At the hearing, the Judge will be able to see electronic documents through Odyssey.

The Mental Health Clerk will be at all mental health hearings when the Judge requires a Clerk in the Courtroom for these confidential matters.

SPECIAL SET HEARINGS / APPOINTMENTS BEFORE A PROBATE JUDGE 
(PR’s, Guardians, Curators, Evidentiary hearings, etc.)

After the motion/petition is e-filed and is visually available on Public Access (ODYSSEY PA) for the attorney and Odyssey for the Judge, the petitioning attorney or their office may call the Judges’ Judicial Assistant to schedule a hearing. The Judicial Assistants are unavailable to schedule hearings during Ex-parte Hours. Should your filed petition not appear in the docket in a timely manner, please contact the Clerk’s Office Probate Division Docketing Supervisor Dade County Courthouse, 73 West Flagler Street, Room 238, Miami Florida 33130 or call 305-349-7504.

Prior to filing any motions, counsel for the moving party shall confer with counsel representing the opposing party(ies) and attach to the motion a statement certifying that he/she has conferred with counsel for the opposing party(ies) in a good faith effort to resolve by agreement the issues raised, and that counsel have been unable to agree.

Please review the checklists posted on the Attorney's Corner pertaining to the petition or motion set for hearing and confirm compliance prior to appearing for the hearing. Bring proposed orders to the hearing.

If the attorney will be introducing evidence into the record, you may provide it in advance of the hearing, to allow the Clerk to mark for identification purposes and to maximize efficiency.

Admission of Wills, Codicils, and large voluminous documents shall not be scanned by the Clerk in chambers. They will be scanned later, after the conclusion of the days’ hearings, after the clerk returns to their office in room 238.

EXPEDITED AND EMERGENCY HEARING REQUEST:
All emergency or expedited petitions and motions must be electronically filed and served upon all parties prior to consideration.

All emergency or expedited hearings must be specially set with the Judge's Judicial Assistant. Please contact the assigned Judge's or Emergency Judge's Judicial Assistant for the Judge's specific procedures for setting an emergency or expedited hearing.

ACCESS TO CASE MANAGERS OTHER THAN EX-PARTE HOURS:
In an effort to balance their many duties and to give the best service to all, please submit all proposed orders for the case manager's review during non-Ex Parte hours through eCourtesy.

___________________________________________________
PETITION FOR REHEARING AND/OR RECONSIDERATION –
 Please electronically file the original petition and deliver a courtesy copy of the petition to the Judge’s office.

REQUESTS FOR HEARING SCHEDULED FOR 30 MINUTES OR MORE – Requests for a hearing that will last for 30 minutes or more must be made in writing. You may mail your request to the Clerk’s Office, or bring it to Ex Parte Calendar.

NOTICES OF NON-JURY TRIAL - Send the original Notice of Non-Jury Trial with service list and attached self-addressed stamped envelopes to the Judge’s office. Indicate how many days it will take to try the case. After the Judge’s review of the Notice of Non-Jury Trial, an Order Setting Status Conference may be sent by the Judge at his or her discretion. Afterwards, the Judicial Assistant will send out a Uniform Order Setting Cause for Non-Jury Trial and a Uniform Order of Referral to Mediation to all counsel/parties of record. The Court’s assigned date and time will be listed on the order.

MOTION TO TRANSFER CASE TO ANOTHER DIVISION – The motion to transfer the case to another Division should be sent to the Clerk’s Office Probate Division, to the attention of the New Suits & Court Operations Supervisor, Ms. Nilda Diaz, Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33l30.

PROPOSED ORDERS – All proposed orders must be submitted electronically through eCourtesy (preferred method) or either mailed or delivered to the Clerk’s Office, Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33l30. If unopposed, you may choose to bring the proposed order to Ex- Parte Calendar.

REQUEST FOR TRANSCRIPTION OF COURT RECORDED CDs - Please submit a written Petition to Transcribe CD indicating the date of the hearing and a proposed order granting the transcription of the CD. Mail or hand deliver the original petition and proposed order, along with a copy of the original petition, with a stamped self-addressed envelope, to the Dade County Courthouse, Probate Clerk’s Office 73 West Flagler Street, Room 310, Miami, Florida 33130. The proposed order must contain the name, address, and telephone number of the Court Reporting Service or Court Reporter designated to receive and transcribe the CD. The Court Reporting Service or Court Reporter will report to the Probate Clerk’s Office, Dade County Courthouse, 73 West Flagler Street, Room 238, Miami, Florida 33130, with a copy of the signed order in order to receive the CD.

EMERGENCY JUDGE ASSIGNMENT – The Emergency Judge is listed in the Daily Business Review and is also listed on the Eleventh Judicial Circuit Court website at the following link:

Click here for Emergency Judges

NOTICES OF VACATION – are posted in the Daily Business Review and Bulletin Board by the Probate Judge's Office.

APS & GUARDIANSHIP MATTERS REGISTRY (WHEEL) - Information on applying to be placed on the Guardianship Attorney Registry (wheel) can be found in the section on Probate Operations at the following Eleventh Judicial Circuit website link. http://www.jud11.flcourts.org/SCSingle.aspx?pid=332

____________________________________________________________________
e-Filing by Attorneys:

UPDATE on PROBATE DIVISION eFILING in the ELEVENTH JUDICIAL CIRCUIT

Attorneys may register at the statewide portal for e-filing athttps://www.myflcourtaccess.com/

An instructional manual can be viewed on the statewide portal athttps://www.myflcourtaccess.com/Docs/Filer_072012.pdf

In addition, a Florida Courts e-Filing Portal promotional video can be viewed on YouTube at http://www.youtube.com/watch?v=-Ypj5PA1uS4.


______________________________________________________________
ELECTRONIC ACCESS to IMAGED ESTATE and GUARDIANSHIP FILES BY THE ATTORNEY OF RECORD
The attorney of record on Estate and Guardianship cases may register at the Clerk of Court website to use Odyssey Public Access. Main Link: http://www.miami-dadeclerk.com/home.asp 
Choose “Online Services” to obtain the application and manual. Useful link:http://www.miami-dadeclerk.com/families_probate.asp  
______________________________________________________________
Several Probate Division related AO's including requirements of NOTICE OF RELATED CASES FILING REQUIREMENT. Attorney should always check to see if there is a more recent AO on the matter.

·   2008  1-08-18  Standards and Procedures for Minor Settlement
·   2012  1-12-03  Re-Establishment of Standing Committees for Private Court Appointed Counsel
·   2014  1-14-03  Proceedings to Prohibit Purchase of Firearms by Mentally Ill Persons
·   2014  1-14-09  Establishing Notice of Related Cases Filing Requirement
·   2014  1-14-12  Re-Establishment of Procedure for Appointment of Counsel in Criminal and Civil Proceedings
·   2014  1-14-07 A1 Clarification of Probate Proceedings re Trusts
·   2015 15-04 Establishment of Registry for Appointment of Professional Guardians
 

 
Court Announcements
BulletNotice to Attorneys Practicing in Civil Matters
 

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