Judicial Section Details

DIVISION E

INFORMATION AND PROCEDURES

1.  TIME CALENDAR BEGINS EACH DAY:  Calendar will begin at 9:30 a.m. in courtroom 7-4.

2.  PROCEDURES FOR PLACING MOTIONS ON CALENDAR: Send a copy of the motion to chambers by email.  The JA will email the attorney's office with the date and time of the motion that will be placed on the calendar.  The original motion must be filed with the Clerk's office.  Please make sure the opposing party has received a copy as well.

3.  METHOD OF PROVIDING COURTESY COPIES:  Courtesy copies may be provided by email to the Judicial Assistant at: dalonso@jud11.flcourts.org

4.  POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS:

CONTINUANCES: Motions for Continuance should be made as soon as possible.  All reasonable efforts should be made to avoid unnecessary inconvenience to witnesses and defendants by contacting the other side to alert them of any such request.   If Counsel is unavailable, please set the Motion for Continuance prior to the trial calendar.

STIPULATED or AGREED MOTIONS: An order may be submitted to chambers as long as accompanied by a motion signed by both parties or an email or other proof indicating agreement of both parties.

LIMINE MOTIONS:  Motions in Limine must be filed in writing the Friday before trial.  Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.

SEAL AND EXPUNGE:  File the original with the Clerk's office and send a copy to chambers.  The JA will email the attorney's office with the date that the motion will be on calendar.

RETURN OF PROPERTY:  File the original with the Clerk's office and send a copy to chambers.  The JA will email the attorney's office with the date that the motion will be on calendar.  The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection.  It is the State's responsibility to determine whether the arresting agency has an objection to the granting of the motion.

PRETRIAL MOTIONS:  Pretrial Motions including but not limited to Motions to Suppress, Daubert Motion, Motion to Exclude, and Probable Cause Motions must be filed in writing seven (7) days before trial and responses to be filed in writing three (3) days before trial.  Failure to do so, absent good cause, is sufficient basis for the Court to charge a continuance to the requesting party.

5.  MISCELLANEOUS POLICIES AND PROCEDURES:

     a.  Judge Cuervo requires attorneys to adhere strictly to the Eleventh Judicial Circuit Standards of Professionalism Courtesy and Civility for South Florida, and the Florida Bar Ideals and Goals of Professionalism, as adopted by Administrative Order 2-14-01-A1 (available at http://goo.gl/QNc2j2).

     b.  If an opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court.  The Court may deny continuances in these circumstances if counsel has not filed Motions to Compel.

     c.  If you have case law, please provide it before the hearing.

     d.  Meet-and- Confer.  Attorneys are expected to conduct themselves professionally at all times.  This includes communicating with each other regarding procedural and discovery issues that arise and genuinely attempting in good faith to resolve them before asking the court to intervene.