Lawson E. Thomas Courthouse Center
175 NW 1st Avenue
Miami FL 33128
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FORECLOSURE TRIAL COURT (FTC)

Trials are set by the FTC Court when an action is at issue. This means that there are no pending motions or outstanding discovery.
  1. Orders Noticing Trial are sent by fax to Plaintiff’s counsel. The Order directs Plaintiff’s counsel to send notice of trial to all parties on the service list.
    a. Failure to attend and/or notify all parties may be sanctioned by the court.
    b. The FTC Court maintains a confirmation of fax receipt for each transmission and trial date.

  2. The trial location is identified on the notice of trial.

Procedures for Trials:
  1. The parties shall do all things reasonable and necessary to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 F. R. Civ. P. and Rule 2.085 of the Florida Rules of Judicial Administration.

  2. Law firms must send adequate witnesses and attorneys to cover trials. The court will not delay trials to accommodate witnesses or counsel; adequate coverage is necessary when multiple hearings are scheduled. Failure to adhere to this procedure my result in sanctions as the court deems appropiate.

  3. The following shall be done no later than TWENTY (20) days prior to trial date set forth above:
    1. Parties shall furnish opposing counsel with the names and addresses of all expert witnesses to be called at trial and all information regarding expert testimony that is required by Rule 1.280(4)(A). Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial. Information furnished pursuant to this paragraph shall be timely filed with the Clerk of the Court.
    2. All exhibits to be offered in evidence at trial shall be made available to opposing counsel for examination and initialing.

  4. The following shall be done no later than fifteen (15) days prior to the trial date set forth above:
    1. Parties shall furnish opposing counsel with a written list containing the names and addresses of all non-expert witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and only those witnesses listed shall be permitted to testify. A written list identifying all exhibits intended to be offered shall also be furnished to opposing counsel and only those exhibits may be offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of the Court.
      1. All exhibits to be offered in evidence at trial shall be made available to opposing counsel for examination and initialing.
      2. All plaintiff medical evaluation and other examination pursuant to Rule 1.360 F.R. Civ. P. shall have been completed.

  5. The following shall be done at least fifteen (15) days prior to the trial date set forth above:
    1. All pre-trial motions, depositions noticed for use at trial and/or discovery matters or proceedings related thereto shall have been completed. Attorneys are admonished to undertake, initiate and/or complete all discoveries in such a manner as to comply with the time limitations set forth herein. No further discovery procedures or depositions for preservation of testimony shall be allowed without specific leave of Court or Court-approved written agreement of counsel.
    2. Counsel shall meet with a view toward exhausting all efforts to reach a settlement.

  6. Counsel shall immediately notify this Court in the event of settlement and submit a Stipulation for and Order of Dismissal and Counsel shall also notify the Court of any pending hearings that will be cancelled as result of the settlement.

  7. In the event the Trial of this matter is continued, then each time limitation and provision contained above shall apply as to the new trial date.
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Procedures for Withdrawal or Substitution of Counsel

Based on the significant number of motions to withdraw and file reassignments by Plaintiffs in recent months, the following outlines the procedures to be followed.
  1. The attorney of record on the case status remains the same until entry of a court order of withdrawal or substitution of counsel.

  2. All motions to withdraw must be properly filed and noticed; the court will not entertain ore tenus motions to withdraw.

  3. Compliance with the provisions of rule 2.505(c)(2) Fla. R. Jud. Admin. (2012) concerning withdrawal and substitution of counsel is mandatory. This requires the signature/consent of the client. The Order granting substitution of counsel should reference the docket code "OSOC", in the upper left corner and must include the Fla. Bar No. of the new counsel. Attorneys who substitute in are responsible for the action and should be prepared to proceed and become fully familiar with the file and docket.

  4. If an order of withdrawal or substitution of counsel, is entered after issuance of notice of hearing for summary judgment or notice of trial, counsel must promptly register this change with the FMC by e-mail, confirming the new attorney designee on the case. Your e-mail must reference in the subject line the original firm which submitted the case and the case number followed by your firm.
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Resources
BulletGroup Scheduling of Trials
BulletNon-Jury Trial Order
BulletForeclosure Final Disposition Form
 

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