Christopher Benjamin
- Division: County Civil
- Section: ND 01
- Court Location: North Dade Justice Center
- Phone: (305) 354-8722
- Room: NDJC 209
- Judicial Assistant: Stephanie Gutierrez
TO ALL PARTIES: PLEASE DO NOT E-MAIL THE JUDGE DIRECTLY ON ANY CASE(S), INSTEAD, PLEASE CALL THE OFFICE.
REMOTE
ZOOM INFORMATION
https://zoom.us/j/91099471959
Meeting ID: 910 9947 1959
One tap mobile
+17866351003
Please Remember E-Filing: E-filing is not the same as courtMAP. Matters that are only e-filed WILL NOT automatically upload to the Judge’s Motion Calendar. E-filing is for documents to be filed with the Clerk's Office electronically. CourtMAP is used to submit courtesy copies to chambers electronically.
JA Email: Sgutierrez@jud11.flcourts.org
BAILIFF Email: Rrobinson@jud11.flcourts.org
PRE-TRIALS ARE ON WEDNESDAY AT 1:30 P.M. IN COURTROOM: 2-7
PRE-TRIAL CONFERENCES ARE IN PERSON
IF YOUR ARE DISMISSING YOUR CASE PLEASE FORWARD AN E-FILED COPY OF THE VOLUNTARY DISMISSAL AND/OR SIGNED ORDER OF DISMISSAL TO CHAMBERS
IF YOU ARE
AN ATTORNEY:
1. Please utilize Court
Map to submit your motion, proposed orders and agreed orders [use appropriate category - improperly submitted proposed orders will be rejected].
2. ***For attorneys filing their own notices in cases where
the Defendant is pro se, please be aware that the County Civil Division can no
longer provide interpreters due to being classified as the lowest priority.
Scheduling one through the court is exceedingly difficult. Therefore,
kindly include in your notices that if a pro se defendant requires an
interpreter, they must bring their own. The interpreter cannot be a family
member or friend; it must be someone certified.
3. All attorneys appearing before this Court shall be appropriately attired whether in-person or on Zoom [(men: jacket, shirt and tie; women: professional business equivalent)]. There is no difference between in-person hearings and Zoom hearings with regards to decorum, professionalism and civility. Zoom hearings will not be conducted from an automobile or any other vehicle or means of transport. All Zoom participants must be in a quiet area with appropriate WiFi reception and adequate knowledge of Zoom to prevent delays. ***Failure to comply will result in the matter being reset in-person.
4. An attorney can file a MOTION for absolutely anything for which there is support in fact and law. An attorney can file a NOTICE only when there is a statute or rule providing for that notice. No statute or rule provides for a “Notice of Unavailability” or “Notice of Vacation.” The attorney who wants a continuance must move for a continuance. If you are going on vacation, you should plan to retain coverage counsel, or move for continuance, or be prepared to be properly attired and positioned for the hearing before the Court [if on Zoom].
5. Proposed orders must be accompanied by e-filed motion, affidavits and exhibits [if applicable]. Supporting documents must be e-filed versions and submitted individually. Failure to submit appropriate supporting documents will result in rejection. Proposed orders must be written in paragraphs without numbering or lettering [orders are not pleadings], no bulleting, no ALL CAPS, no Bolding and no Underlining. Please review the order formatting before submitting [use the review button - check for margin errors, proper font sizing and alignment]. Failure to properly format orders will result in rejection.
6. Motions accompanying an Agreed Order must contain a certificate of conferral stating there is an agreement or provide proof of agreement from opposing counsel [i.e., an email or letter]. Failure to provide conferral or proof of agreement will result in rejection. Unsuccessful conferral is not an agreement [set the matter for hearing].
7. Proposed orders on Motion for Default must be accompanied by required e-filed affidavits and e-filed return of service at the time of submission [submitted in accordance with pp#5]. Motion for Default Judgment must be accompanied by a signed order of default [The Court's memorandum of disposition is not an order]. ***Proposed orders for default of stipulation/settlement should be accompanied by cover letter requesting judgment after default, e-filed copy of stipulation/settlement and proper non-payment affidavit.
8. Proposed Orders on writs [or continuing writs] of garnishment must be processed through the Clerk of Court. Proposed Orders on Final Judgment of Garnishment must be accompanied by an e-filed notice to defendant pursuant to FL. Statute 77.041 and/or 77.055. Failure to submit the appropriate supporting documents will result in rejection.
9. Orders shall be submitted within fifteen (15) days after hearings. Orders for default, default final judgment and summary judgment shall be submitted within thirty (30) days after the hearing. Untimely orders on defaults, default final judgments and summary judgments may result in dismissal without prejudice. Orders after hearings shall be accompanied by a cover letter summarizing the hearing results [or a copy of the Court's Memorandum of Disposition]. ***Order on Summary Judgment must provide the findings of fact regarding those facts that are undisputed, statement of the law upon which the movant is entitled judgment, analysis of law and facts and the conclusion.
10. Motions for Extension of Time are governed by FL.R.Civ. P. 1.090(b), failure to comply with this rule will result in denial of motion (agreed or not). Unsuccessful attempts to confer are not a basis for unreasonable delay; therefore, upon unsuccessful conferral, movant may unilaterally set motions with at least thirty (30) day notice [the subject motion must still be timely filed regardless of conferral status].
11. Unsuccessful Conferral: Upon unsuccessful conferral, movant may unilaterally set motions with at least thirty (30) day notice. A matter is either opposed or agreed - opposed matters are set for hearing [except for the usual exceptions] and agreed matters are submitted under agreed order tab (and pursuant to the policies and procedures contained herein).
12. ALL EVIDENTARY MOTIONS/MATTERS ARE HEARD IN-PERSON!!
13. ALL CALENDAR CALLS ARE IN-PERSON!! If parties have settled or dismissed the case, please provide an e-filed copy of the Notice /Order to Chambers no later than 3PM the Friday prior to the Calendar Call Hearing. IF NOT RECEIVED BY 3PM FRIDAY, PARTIES WILL BE REQUIRED TO APPEAR IN-PERSON AT CALEN
All agreed orders must be submitted via CourtMap.
Agreed orders must be accompanied by a copy of the e-filed motion (motion must contain certificate of conferral stating that opposing party has agreed or movant must submit proof of agreement from opposing party).
Agreed order submissions are not for motions due to no response to conferral attempt - these motions must be set for hearing or submitted under the proposed orders tab.
Go to courtMAPPlease contact Chambers at (305) 354-8722 after submitting your Emergency Motion via CourtMap to inform the Judicial Assistant that said motion has been filed. The judge will review the Emergency Motion and the Judicial Assistant will contact you with available hearing dates and times if appropriate.
Emergency Motions MUST BE filed with the Clerk’s Office.Go to courtMAP
PROCEDURES CURRENTLY IN PLACE FOR EVICTION AND CONTRACT/INDEBTNESS CASES:
1. Plaintiffs attorneys are to send Defendants proposed settlement agreements. If the matter is able to be resolved, the Plaintiffs are Ordered to submit an Order of Dismissal or Stipulation through CourtMAP.
2. Attorneys are able to coordinate and schedule hearings on Court Map. Motions to Determine Rent need to be set on either the Special Set Calendar or Eviction Calendar. NOT ON THE UNIFORM MOTION CALENDAR. Motion to Determine Rent are held In-Person.
3. If the Plaintiffs and Defendants are not able to come to a settlement, parties must appear for hearing (if one is scheduled) or request mediation.
Be advised Fee Hearings are held in-Person.
* Motion for Attorney's Fees and Costs Amount if Time needed:
without an expert - 1 hour/60 minutes (unless advised otherwise by the court)
with an expert - 2 hours /120 minutes (unless advised otherwise by the court)
Fee Hearings without an expert are to be set by the parties on the Special Set Docket via Courtmaps.
If you would like to request a Fee Hearing of 2 hours, please send an email to the Judicial Assistant at SGUTIERREZ@JUD11. FLCOURTS.ORG with all parties copied.
Type: Open
Notice Before Hearing: 5 Business Days
Files at Hearing: None
| Day | Time | Cap | From | To |
|---|---|---|---|---|
| Tuesday | 9:30 AM | 22 | 08/07/2025 | Ongoing |
| Thursday | 9:30 AM | 22 | 08/07/2025 | Ongoing |
Motion must take only 5 minutes of hearing time.
Motion Calendars for Division ND01 are held via Zoom every Tuesday and Thursday starting at 9:30AM
ALL MOTION CALENDARS ARE DONE THROUGH ZOOM. ZOOM ID NUMBER: 910 9947 1959.
**NOTE: You must mute yourself on any Zoom hearings unless you are asked to speak. Video appearance is required for ALL participant for the hearing.
Motion calendar hearings are limited to 5 minutes per case; the Court will hear no more than two motions per case during motion calendar.
*DO NOT create multiple events (set multiple hearings) for any one case.
SETTING A HEARING:
Review the Motion Calendar Availability found on the CourtMap System. The moving party MUST coordinate date & time with opposing party. You MUST attach your supporting documents (filed motion, etc.) when creating the event (setting the hearing) on CourtMap. Once a green "Success" message appears, the hearing has made calendar.
*The movant MUST e-file the notice of hearing. Please indicate the name of the person the hearing was coordinated with and the date motion was e-filed.
IMPORTANT: Although the movant and the other parties listed on the service list will receive an email indicating that a hearing has been set, a notice of hearing will NOT be automatically generated.
The Setting Party must file their Notice of Hearing.
MATTERS NOT HEARD ON 5 MINUTE MOTION CALENDAR:
* Motion in Limine,
* Motion for Summary Judgments
* Motion for Attorney's Fees and Costs
* Motions to Continue Jury Trial
*Motion to Dismiss
*Motion for Default Judgement: if there has been no response to the Motion for Default Judgement parties may submit their Default Package through Courtmaps for the Court to review.
CONFIRMATION FOR MOTION CALENDAR:
1. Click on the "docket" tab on the navigation bar and select the event date (the hearing date); scroll & find your calendar, the scheduled hearing will appear.
2. Please visit the clerk of Courts website at: https://www2.miami-dadeclerk.com/ocs/Search.aspx
** DO NOT contact chambers for confirmation.
CANCELLATIONS:
Only the party who scheduled a motion calendar hearing may cancel it. Please e-file a notice of cancellation and cancel the hearing on courtMAP five (5) days prior to the scheduled hearing.
To do this, click on: -calendar, -view events, -select the case, -click case status ready, -click cancel from the dropdown, -click save, -select cancellation reason, -click confirm cancellation.
**NOTE: If the parties reach an agreement prior to the hearing, you may upload an agreed order for the motion on CourtMAP. You must notify chambers through e-mail with all parties copied. Send e-mails to sgutierrez@jud11.flcourts.org.
E-FILING: Matters that are only E-filed WILL NOT automatically be set on motion calendar. E-filing is for documents to be filed electronically with the Clerk's Office. CourtMap is used to set hearings or submit orders for review & approval.
ORDERS: Orders must be submitted within 5 days after the hearing; if it is an order of default and the order is not timely filed, then the matter will be dismissed without prejudice and without notice or hearing (the Court's memorandum of disposition is not an order!)
NO SHOWS: If a movant fails to appear on their scheduled hearing (without proper cancellation), then the motion will be denied. Go to courtMAPAll proposed orders must be submitted via CourtMap.
Proposed orders must be submitted with e-flied supporting documents such as the e-filed motion, affidavits and exhibits (if applicable), failure to provide the appropriate supporting documents will result in rejection.
**Proposed orders on Motions for Default Final Judgment will be rejected if there has not been an order of default filed (the Court's memorandum of disposition is not an order!).
**Proposed orders on Motions for continuing and final writ of garnishment must be accompanied by the e-filed copy of the notice to defendant.
***Orders must be written in paragraphs and not numbered like pleadings. Please review your proposed order by using the review button and make sure that the formatting is correct (improperly formatted orders will be rejected).
Go to courtMAP| Day | Time | Cap | From | To |
|---|---|---|---|---|
| Monday | 1:30 PM | None | 08/07/2025 | Ongoing |
| Tuesday | 1:30 PM | None | 08/07/2025 | Ongoing |
| Thursday | 1:30 PM | None | 08/07/2025 | Ongoing |
*Effective August 1, 2025 all SPECIAL SET CALENDAR for Division ND 01 is held in PERSON in Courtroom 2-4 (until further notice)
SPECIAL SET HEARING PROCEDURES:
1. All Motions MUST be filed with the Clerk of Courts prior to requesting a Special Set hearing.
2.To coordinate a hearing, PLEASE confer with opposing counsel or self represented litigant, once a date has been coordinated, please schedule via CourtMAP.
*The movant MUST e-file the notice of hearing (once approval by the COURT). Please indicate the name of the person the hearing was coordinated with and the date motion was e-filed.
3. Special set hearings are NOT scheduled until they are approved by the Court. Once the Court has approved the proposed hearing date, the parties will receive an automated email indicating same.
*If the proposed notice is rejected, the parties will receive a message along with the reason for the rejection.
4. Please provide courtesy copies of the motion, all referenced exhibits, and any relevant legal authority seven (7) business days before the special set hearing through CourtMap.
**Submissions needs to be delivered to the Chambers directly.
5. The schedule dates are for 15, 30, 45 and 60 minute motions.
6. The following motions must be set for the following amount of time:
* Motion for Summary Judgments:
Credit Card / Foreclosure w/ Defendant that has an Attorney 15 min.
PIP Case - 30 Minutes to 1 hour/60 minutes (unless court advises otherwise)
* Motion for Attorney's Fees and Costs
without an expert - 1 hour/60 minutes (unless advised otherwise by the court)
with an expert - 2 hours /120 minutes (unless advised otherwise by the court)
*Motion to Dismiss
Credit Card cases - 15 mins
PIP Cases - 30 mins
7. Motion for Default Judgement: if there has been no response to the Motion for Default Judgement parties may submit their Default Package through Courtmaps for the Court to review.
ADD-ONS: No add-ons are permitted without prior consent of the Judge. Please contact Chambers with you request.
NO HOLDS: The Court will not hold dates. All dates are on a first come first serve basis.
NO MONOPOLIZING THE CALENDAR: Firms are limited to one time slot per docket.
To prevent any one firm from taking over the schedule, each firm may book only one time slot per day or docket. If a firm is already scheduled for that day, it cannot receive additional slots.
CANCELLATIONS:
Special Set hearings shall not be canceled without leave of court, unless all issues framed by the motion(s) have been fully resolved or the case has settled. Please file your Notice of Cancellation seven (7) days prior to the scheduled hearing.
If parties wish to cancel the hearing less than 7 days before the hearing date one of the following must be e-filed and a copy forwarded to chambers:
-Agreed Order regarding the Motion
-Notice of Voluntary Dismissal
-Order of Dismissal
-Order of Dismissal based on Settlement
-Order of Dismissal based on Stipulation
-Notice of Settlement
-Notice of Stipulation
*IF CASE HAS SETTLED – you may also file a Notice of Settlement BUT in order to cancel the hearing an ORDER OF DISMISSAL (you may reserve on fees, etc…if needed) MUST BE SUBMITTED via CourtMap for Court approval. The hearing is not cancelled until it is approved by the Court. If the Parties have dismissed the Case or Matter please send an email to chambers with a copy of the Dismissal.
Special Sets for more than 60- MINUTES
If you would like to request a Special Set hearing that is more than 60- MINUTES, please send an email to the Judicial Assistant at SGUTIERREZ@JUD11. FLCOURTS.ORG with all parties copied. Please ensure the motion is attached, any supporting documents, the amount of time you are seeking, and the reason for seeking that amount of time.