|PROBATE ATTORNEYS' CORNER
PROBATE PROCEDURAL GUIDELINES FOR ATTORNEYS
TO CHECK STATUS OF PLEADINGS FILED – Please utilize the following website to check the status of pleadings filed: http://www2.miami-dadeclerk.com/Civil/
EX-PARTE CALENDARS – Probate Ex-Parte calendars are held every Tuesday and Thursday commencing at 9:30 a.m. and ending at 10:30 a.m. Unopposed matters needing three (3) minutes or less of the Judge’s time, per case, are heard during Ex-Parte Calendar Hour. There is no need to send out a Notice of Hearing as the matter to be brought before the Court is uncontested.
Because time is very limited, no more than three (3) case files per Section and no more than three (3) motions per case file.
Ex-Parte Calendar will not address new cases (no Appointments of PR/Curator/Guardian, no Letters). No Discharges. No Summary Orders. No Review of case files and No instructions on how to proceed.
Please bring those issues to non Ex-Parte Calendar hours.
Pick up your file in the Probate Clerk’s Office in Room 238 of the Dade County Courthouse; proceed to Room 307 and meet with the Case Manager assigned to the Division; next proceed to the Judge’s Office to sign your name on the Sign-In Sheet provided by the Bailiff. Please come prepared with a copy of the docket sheet.
As long as the file is tabbed and labeled, and the docket sheet is provided, an attorney may go directly to the Judge without visiting the Case Manager on the following types of motions:
ACCESS TO CASE MANAGERS OTHER THAN EX-PARTE HOURS – Access to case managers, other than during Ex-Parte hours, is limited to Mondays, Wednesdays and Fridays from 9:00 a.m. to 12:00 noon. Visits to the Case Managers in the afternoons may only be directed by a Judge, as the Case Managers are performing other duties.
- motion and order designating depository;
- extensions of time;
- order on previously heard hearings;
- motions and orders waiving annual accounting pursuant to statute (social security only benefit);
- payment of real estate or income taxes;
- accountant fees under $1,500.00;
- payment of insurance;
- motions to travel;
- petition to move ward;
- petition to appear for hearing via telephone;
- petition to sue or defend a lawsuit;
- petition for pro bono fees;
- petition to extend time to file independent action;
- petition for pre-paid funeral;
- petition for pre-paid college;
- petition to retain appraiser;
- written petitions for instructions that can be handled in less than five minutes.
SPECIAL APPOINTMENT HEARINGS - You must have your petition/motion filed with the Clerk of Court. (The petition must be docketed before you call the Judicial Assistant to set a hearing.) Please check first, the status of the petition, by looking on the following website: http://www2.miami-dadeclerk.com/Civil/
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.
PETITION FOR REHEARING AND/OR RECONSIDERATION – Please file the original petition with the Probate Clerk’s Office, Room 238 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.
EXPEDITED AND EMERGENCY HEARING REQUESTS – Expedited and emergency hearing requests must be reduced to writing. Copies of your petition must be sent to all counsel/parties of record. You may mail or bring your Emergency Petition to the Probate Clerk’s Office, Dade County Courthouse, 73 West Flagler Street, Room 307, Miami, Florida 33l30. A courtesy copy may be mailed or brought to the Judge’s Office assigned to the case. In the absence of the assigned Judge, a copy may be brought to the Office of the Alternate Judge or to the Office of the Probate Emergency Judge.
PROPOSED ORDERS – All proposed orders must be 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 Emergency Judges
NOTICES OF VACATION – are posted in the Daily Business Review and Bulletin Board by the Probate Judges Office.
Information on applying to the Guardianship Attorney 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.
Guardianship Attorney Registry
e-Filing by Attorneys -
UPDATE on PROBATE DIVISION eFILING in the ELEVENTH JUDICIAL CIRCUIT
Attorneys may register at the statewide portal for e-filing at https://www.myflcourtaccess.com/
An instructional manual can be viewed on the statewide portal at https://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.
Florida Bar News article dated February 15th with Helpful e-Filing Questions/Answers