Denise Martinez-Scanziani
- Division: Circuit Unified Family Court
- Section: FC 203
- Court Location: MDC Children's Courthouse
- Phone: (305) 679-1752
- Room: MDCC 14356
- Judicial Assistant: Ivonne Acosta
- Bailiff: Ivan Nahmias
JA, Ivonne Acosta: iacosta@jud11.flcourts.org
Unified Family Court Division Virtual Zoom Hearings
Zoom Meeting ID: 983 2123 9800
Court Procedures:
1) All parties, including attorneys, the parties themselves, and pro se litigants must register at the Florida Court E-Filing Portal at https://www.myflcourtaccess.com/authority/ . This is the only method for filing and receiving pleadings and court notices.
2) All parties must also register with the CourtMAP system to view their case and submit required evidence or additional documents.
3) Important: In order to create a courtMAP account, you must first register with the State of Florida’s E-Filing Portal for the case in which you are a self-represented litigant.
4) Hearings shall be completed in the time allotted. Parties appearing at hearings shall be prepared to present their entire matter within the time afforded by the Court. During the setting process, if the parties are unable to determine how long a hearing will take, the Court will set the length of the hearing. The parties will then tailor their presentations to fit within the hearing time.
5) Upon the filing of a motion with the Court, the party requesting the motion shall file a request for hearing within 30 days of the filing of the motion. Failure to request a hearing within 30 days after a filed motion may result in the motion being denied without prejudice.
6) Parties shall meet and confer prior to the filing of motions. In the event that a motion is required, the party filing the motions shall indicate that the parties met and conferred, and no resolution was reached or that the other party was unable to be contacted after due diligence.
Prior to any evidentiary hearing, the parties shall exchange witness lists and exhibits within 7 calendar days of the hearing. In the event of an emergency hearing, the parties shall exchange witness lists and exhibits within 24 hours.
7) The parties shall not argue with one another through the Court’s or judicial assistant’s inbox. In the event the parties have a conflict regarding the setting of a hearing or scheduling a matter, they may place the issue on the Court’s five-minute motion calendar. The Court will not tolerate parties arguing to the judicial assistant over substantive matters or scheduling matters through email communication. The Court reserves the right to sanction any party who violates this provision.
8) Pursuant to Florida Family Law Rule 12.285(b)(2), mandatory disclosure must be exchanged within 45 days of serving the initial pleading, accompanied by the filing of a certificate of compliance as required by Rule 12.285(j). This includes a financial affidavit. Parties seeking temporary financial relief must exchange disclosure pursuant to rule 12.285(b)(1). In the event this Court determines that Rule 12.285 has not been complied with, and the parties have not agreed in writing to an extension for the exchange of disclosure, this Court may issue an order show cause why the matter should not be dismissed or default entered against the non-compliant party, or both.
9) The parties and attorneys shall treat and communicate respectfully with one another. This includes communication outside the Court’s purview and when present in front of the Court.
10) Any requests for Zoom Hearings on DV cases need to be made through Chambers.
INTERPRETERS / INTERPRETE
If you require an interpreter for the hearing, you are required to bring an interpreter with you. The Court only provides interpreters for domestic violence hearings.
Si necesita un intérprete para la audiencia, debe traer un intérprete con usted. El tribunal solo proporciona intérpretes para audiencias de violencia doméstica.
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Upload your filed Emergency Motion, Request for Hearing, and Cover Letter to CourtMAP, under "Emergency Motions".
The Judge will read all emergency motions expeditiously. If the judge deems the matter an emergency, a hearing will be set. If the Judge deems the matter not to be an emergency, it will be set in the normal course. Some matters may be considered urgent, or time-sensitive, and receive hearing dates sooner than later. Emergency hearings will be held via ZOOM, unless otherwise requested and approved. Please do not email your Motion directly to the Judicial Assistant or Judge.
Type: Closed
Notice Before Hearing: 7 Calendar Days
Files at Hearing: None
To set a case on the five (5) minute
motion calendar, the Motion must be filed with the Clerk of Court. Once the Motion has been filed, you may
contact the Judicial Assistant by sending an email to iacosta@jud11.flcourts.org. Include the Motion you are requesting to be set and copy all parties. The Judicial Assistant will provide available
hearing dates via email.
If self-represented, motions may be
filed with the assistance of the Family Court Self Help Program, located at
Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, 24th Floor, Miami, FL 33128, 305-349-7800.
All cases must attend mediation prior to filing a Notice of Readiness for Trial.
Notice of Readiness shall include the specific issues to be tried by the court (e.g. timesharing, alimony, child support).
Notice of Readiness for Trial must be filed through the e-filing portal or with the Clerk’s office. Please contact chambers to schedule a hearing date.
Motions to continue the trial must include a signature from the client agreeing to the continuance. All motions to continue must be made 14 days prior to the trial date. The parties may file agreed motions to continue and agreed orders to continue trial and submit them through "Agreed Orders" on CourtMAP. Opposed Motion to Continue shall be set on the 5 Minute Motion Calendar.
All Non-Jury Trials shall be set through the Judicial Assistant.
Please coordinate with the opposing party prior to setting the motion. Once the date is agreed, set the hearing through chambers. Be sure to include the motion and notice of hearing as supporting documents when setting the hearing.
If the hearing is to be cancelled, submit a Notice of Cancellation through the e-filing portal and through CourtMAP.
The Court's trial order is as follows:
NON-JURY TRIALS
PARTY MEETING: No less than twenty (20) days prior to the trial, the attorneys/pro se litigants shall meet and communicate concerning settlement and all aspects of the trial.
PRE-TRIAL CATALOGUE: NO LESS THAN FIFTEEN (15) DAYS PRIOR TO THE TRIAL, EACH PARTY SHALL FILE A PRE-TRIAL CATALOGUE WITH THE CLERK AND FORWARD A COURTESY COPY TO THE COURT.
The Pre-trial Catalogue shall contain the following information:
THE MARRIAGE:
Date and place of marriage.
Date of separation.
A concise statement of the marital history.
THE CHILDREN:
A list of the names and ages of the children.
A statement in compliance with Sec. 61.522, Florida Statutes.
A statement concerning the current parenting plan.
A statement of whether the children are presently covered under any medical and/or dental insurance policy.
A statement of any special medical problems of any of the children.
PARENTING PLAN: In all cases where any aspect of the parenting plan is at issue a statement of the client's claims or defenses, together with the factual and legal basis for the position.
CHILD SUPPORT:
The attorneys/pro se litigants are required to provide a completed CHILD SUPPORT GUIDELINE WORKSHEET in support of his or her position regarding child support.
A statement of the amount of child support proposed.
A statement setting forth the specific factual and legal basis in support of the party's claim and/or defense for child support.
ALIMONY - SPECIAL RELIEF: In all cases where either party seeks alimony or other special relief a STATEMENT OF CLIENT'S CLAIM for alimony and/or special relief is required and shall state the nature of alimony claimed, whether lump sum, rehabilitative or permanent, together with the factual and legal basis therefore.
WITNESS LIST: The Pre-trial Catalogue shall contain a list of witnesses to be called at trial. This includes rebuttal and impeachment witnesses who, in the exercise of diligent pre-trial preparation, you should know might be called. Expert witnesses shall be so specified. Such list shall contain names, addresses and a brief statement of testimony to be offered. Witnesses not listed will not be called at trial except for good cause shown.
EXPERT WITNESSES: ONLY ONE (1) EXPERT, PER SPECIALTY, PER SIDE, is permitted, unless otherwise ordered by the court.
EXHIBIT LIST: The Pre-trial Catalogue shall contain a list o all exhibits which may be used at trial. Each exhibit must be shown to the opposing attorney/pro se litigant at least seven (7) days before trial. Exhibits not specifically listed may not be used at trial except for good cause shown. Prior to trial date, inquire whether you need to meet with the clerk to PRE-MARK EXHIBITS.
DIVISION OF ASSETS: In all cases in which there is a disputed question as to division of any assets, real or personal, concurrently with the Pre-trial catalogue each party shall file a SCHEDULE OF ASSETS, signed by the party in affidavit form, setting forth each asset to which a disputed question exists or to the division thereof. Said Schedule shall reflect: a description of the asset and non-marital assets (so identified); in whose name the title or ownership lies; the date of acquisition; the value at the time of acquisition; the value at time of filing of petition or, if another date is used, explain why another date is used; the present value thereof; the basis for any claim of unequal distribution thereto; and the basis for allowance of, (or any portion thereof,) of EQUITABLE DISTRIBUTION; a list of suggested disposition of each asset. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.
DIVISION OF DEBTS: In all cases in which there is a disputed question as to division of any debts, concurrently with the Pre-Trial catalogue each party shall file a Schedule of Debts, signed by the party in affidavit form, which shall reflect: a description of the marital debts and non-marital debts: in whose name the debt is in; the date debt was incurred; the amount of the debt when it was first incurred; the amount of the debt at the time of filing of the petition. If another date is also used, explain why another date is also used and state the amount of the debts as of that date;
the present amount of the debt; a list containing a suggested disposition of each debt and the basis for the suggested disposition. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.
A SUMMARY OF ANY UNIQUE AREAS OF LAW OR FACTS TO BE ASSERTED.
STIPULATION: The attorneys/pro se litigants shall review testimony and stipulate to the admissibility, where appropriate, of all records and testimony which can be read into the record at final hearing. A list of Admissions and Stipulation is to be included in the Pre-trial Catalogue.
FINANCIAL AFFIDAVIT: A current, fully executed financial statement in accordance with Form 12.901(d) or (e) of the Florida Family Law Rules of Procedure shall be attached to the Pre-trial Catalogue and exchanged with the attorneys/pro se litigants.
MEDIATION/PARENTING CLASS/SANDCASTLES PROGRAM: PRIOR TO THE TRIAL, the attorneys or the parties shall include a statement advising that the parties have scheduled a full mediation conference as to all issues (except in cases where there are domestic violence issues) and, if minor children are involved, completed the parenting class titled "Children of Divorcing Parents" and for children over six (6) years of age that they have completed the "Sandcastles" program, both of which are offered by Miami Dade Community College.
DISCOVERY: All discovery shall be completed ten (10) days prior to the date set for TRIAL and shall be allowed thereafter only upon agreement of the attorneys/pro se litigants or on a showing of good cause.
SETTLEMENT: The attorneys/pro se litigants shall immediately notify the Court in the event of settlement.
The Court may request that proposed orders or final judgments be submitted. Please submit all proposed orders or final judgments via courtMAP unless otherwise requested. Do not submit the proposed orders in advance of a hearing. The Proposed Orders are to be submitted after the hearing takes place.
Order Granting Motion to Withdraw do not need a hearing if the client's written consent is attached to the Motion. All orders granting a motion to withdraw must contain the complete contact information (phone, address, email) of the client.
Motions and Requests for Hearing for any matter requiring a special set hearing must be filed with the Clerk of Court. Once filed, send an email to the Judicial Assistant at iacosta@jud11.flcourts.org with a copy of the Special Set Request Form, Motion and Request for Hearing, copying all parties. The Judicial Assistant will provide available hearing dates via email.
The moving party that requests a hearing must electronically file a Notice of Cancellation with the Clerk of Court if the hearing that has been requested is cancelled. A copy of the filed Notice of Cancellation must be sent via email to the Judicial Assistant at iacosta@jud11.flcourts.org.
Type: Closed
Notice Before Hearing: 7 Calendar Days
Files at Hearing: None
To set a case on the UCD Calendar, please send an email to the Judicial Assistant at iacosta@jud11.flcourts.org with a copy of the Petition and all supporting documents, copying all parties. The Judicial Assistant will provide available hearing dates via email.