Notice Before Hearing:
10 Business Days
Files at Hearing:
NEW DIVISION PROCEDURES
The Court does not permit telephonic appearance for Non-Jury Trials, Jury Trials or Evidentiary hearings
Motion Calendar in Division 4 is held in Chambers room 1104 every
Tuesday, Wednesday, and Thursday at 9:30 A.M.
Credit Card/Collection matters will be heard
on Tuesdays, Wednesdays, and Thursdays at 9:30 A.M on the Motion Calendar.
Landlord/Tenant matters please contact chambers to schedule.
All Motions may be heard on Motion Calendar except Motions to Dismiss, Motions in Limine, Motions for Summary Judgment, Motion for Attorney's Fees and Costs, and Evidentiary Hearings.
COORDINATION IS MANDATORY. The Notice of Hearing must indicate the name of the
person the hearing was coordinated with on the Notice of Hearing.
Motion Calendar Procedures
In order for your matter to be added to Judge Diana Gonzalez-Whyte’s Motion Calendar, the
Notice of Hearing and Motion(s) MUST:
(1) Be filed with the Clerk
(2) Submit Notice of Hearing on ecourtesy under Motion Calendar tab. Your
Notice of Hearing will not be calendared unless the Notice of Hearing contains
the following information:
a. Date the motion was filed
b. Name of the person the notice was coordinated with (when setting multiple
discovery motions, the Notice of Hearing must specify the discovery motions and
the date each were filed).
(3) Courtesy copies, including supporting documents, if any, must be submitted
via ecourtesy under "Motion Calendar" Tab AT LEAST SEVEN
(7) DAYS PRIOR TO THE HEARING or the matter will NOT be heard.
Motion Length: If your Motion is over 30
pages (including exhibits), please deliver a courtesy copy to Chambers.
Responses: Parties wishing to submit a response to a matter set on
Motion Calendar must be sure to file said response with the Clerk and submit it
via ecourtesy under "Motion Calendar" prior to the hearing date.
Motion to Continue Trial: Motions to Continue Trial will not
be heard at Motion calendar but rather addressed at Calendar Call. Please do
not schedule on Motion Calendar as they will not be heard.
Motion For Reconsideration/Rehearing: Motions for
Rehearing/Reconsideration MUST first be submitted to the Judicial Assistant by
email to email@example.com before setting on calendar. Please
do not schedule on Motion Calendar as they will not be heard.
Proposal for Settlements: These motions may be
unilaterally set so long as the opposing party is given 7 days’ notice.
Efiling: Efiling is not the same as
ecourtesy. Matters that are only efiled WILL NOT automatically upload to Judge
Brinkley’s Motion Calendar. Efiling is for documents to be filed with the
Clerk's Office electronically. Ecourtesy is used to submit courtesy
copies to chambers electronically.
Telephonic Appearances: To appear telephonically, submit proposed
order via ecourtesy.
Cancellations: Counsel for the party who placed a matter on the
Motion Calendar shall file the Notice of Cancellation with the Clerk
and email a copy to the Judicial Assistant at firstname.lastname@example.org prior to the scheduled
Making Calendar: In order to verify if your case made the Motion
Calendar, please visit the Clerk of Courts website at: https://www2.miami-dadeclerk.com/ocs/Search.aspx