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Monday, April 13, 2020

COVID-19 Advisory #15: Administrative Orders 20-08 AND 20-08 A1 Extend Postponement of Non-Mission Critical Court Proceedings (with Exceptions) through May 29, and Extend Time Periods through June 1

 

COVID-19 ADVISORY #15

 

ADMINISTRATIVE ORDERS 20-08 AND 20-08 A1 EXTEND POSTPONEMENT

OF NON-MISSION CRITICAL COURT PROCEEDINGS THROUGH MAY 29TH,

EXCEPT FOR THOSE THAT CAN TAKE PLACE REMOTELY

AND

EXTEND SUSPENSION OF TIME LIMITS AND DEADLINES THROUGH JUNE 1ST

 

The Honorable Bertila Soto, Chief Judge of the Miami-Dade Courts, has issued Administrative Order (AO) 20-08 A1, amending AO 20-08, extending the postponement of non-mission critical court proceedings through Friday, May 29, 2020, except for those proceedings that can take place remotely.

Emergency and mission critical court matters that continue to take place are defined in AO 20-04, and AO 20-04 A1, attached. All filings related to emergency and mission critical court matters will be accepted by the Clerk of Courts.

In order to reduce the person-to-person transmission of coronavirus disease COVID-19, no court proceedings or other court events shall be conducted through in-person hearings. Exceptions are emergency and mission critical matters, and proceedings critical to the state of emergency and public health emergency, and participants will be asked to abide by public health guidelines on social distancing and wearing of masks while around others.

 

NON-EMERGENCY COURT PROCEEDINGS MAY BE HEARD IF THEY CAN BE CONDUCTED REMOTELY:
Non-emergency court proceedings may be held if they can be conducted effectively via telephone or video technology and do not require in-person appearance. If a presiding judge has scheduled a court matter to be heard, he or she has determined that it may be conducted effectively via telephone or video technology. These court matters include non-jury trials, evidentiary hearings and hearings specially set for a specific date and time, and hearings scheduled in groups on court calendars such as motion calendars, pretrial motion calendars, uncontested divorce calendars, and case management conferences.

Persons with questions about upcoming court dates should contact the chambers of the presiding judge to determine whether their court date has been postponed, or whether the judge has scheduled the court proceeding to take place remotely using telephone or video technology. A directory of all Miami-Dade Court Judges is available here (https://www.jud11.flcourts.org/About-the-Court/Judges/Judicial-Directory).

 

SUSPENSION OF TIME PERIODS AND DEADLINES THROUGH JUNE 1, 2020:
AO 20-08 A1, which amends AO 20-08, takes into consideration that court proceedings are taking place if the presiding judge determines that they can be held effectively via telephone or video technology and do not require in-person appearance.

Pursuant to prior AOs and AO 20-08 A1, all time limits and deadlines set by judicial order, rule and statute applicable to civil (including circuit and county), family, domestic violence, dependency, probate, small claims, traffic, bond forfeiture, and appellate proceedings will be suspended as follows:

  1. Time Deadlines that Become Due Prior to Close of Business on April 20, 2020
    Any time deadlines that become due prior to close of business on Monday, April 20, 2020, shall be further extended and will become due on June 1, 2020, unless the presiding judge has established a different deadline by Court Order issued after March 17, 2020. Any party may request a different time deadline by filing the appropriate motion with the presiding judge.
     
  2. Time Deadlines that Become Due After Close of Business on April 20, 2020 through Close of Business June 1, 2020
    Any time deadlines that become due after close of business on Monday, April 20, 2020, through close of business Monday, June 1, 2020, shall be extended and become due on June 1, 2020, unless the presiding judge has established a different deadline by Court Order issued after March 17, 2020. Any party may request a different time deadline by filing the appropriate motion with the presiding judge.
     
  3. Time Deadlines that Become Due After Close of Business on June 1, 2020
    Any time deadlines that become due after close of business on Monday, June 1, 2020, shall remain due on those dates as set forth by judicial order, rule or applicable statute. However, if the Florida Supreme Court issues an additional Administrative Order further extending the suspension of time deadlines, the new time deadline will be the last day of the suspension set forth in the Florida Supreme Court Administrative Order, unless the presiding judge has issued a different time deadline via Court Order. Any party may request a different time deadline by filing the appropriate motion with the presiding judge.

These temporary emergency procedures are established to minimize the need for persons to appear in court in order to reduce the transmission of coronavirus disease COVID-19. The time period for these emergency procedures may be further extended based on guidance from public health and government authorities and in coordination with the Florida Supreme Court. Future updates will be provided as needed.

Although all court facilities are closed to the public due to COVID-19, judges, clerks and court staff are working remotely to conduct court proceedings that can take place via telephone or video technology. In addition, judges, clerks and court staff are still available to process court matters of an emergency or mission critical nature, such as the filing of petitions for injunctions (restraining orders) by victims of domestic violence. A full list of emergency and mission critical court matters still taking place are found in AO 20-04 and AO 20-04 A1.

 

INFORMATION REGARDING PAYMENTS DUE WHILE COURT FACILITIES ARE CLOSED DUE TO COVID-19:
Persons who normally visit a courthouse to make payments in person for their misdemeanor and felony case court obligations or for traffic-related matters, but are unable to do so because of these temporary emergency courthouse closures, may continue to make their payments by phone or online. Visit the Miami-Dade Clerk of Courts COVID-19 page (https://www.miami-dadeclerk.com/Covid19_Main_Page.asp) for further instructions.

 

FUTURE UPDATES:
Please continue to visit our website www.jud11.flcourts.org and social media @miamidadecourts on Twitter, Facebook and Instagram for future updates.

  

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The mission of Florida’s judicial branch is to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes.

 

Visit us on the Web: www.jud11.flcourts.org

 

Follow us on Twitter, Facebook and Instagram: @miamidadecourts

 

 

 

 

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