Judicial Section Details

If you are filing a Motion to Cancel a Foreclosure Sale (read carefully)
1.  Please file a written motion that contains the following:

A) The date when the Final Judgment was entered.
B) Whether the Final Judgment was contested or uncontested.
C) The number of times prior sale dates have been cancelled, including the reasons why each sale date was cancelled.
D) The specific reason you are seeking the current cancellation.
E) If the basis of your requested cancellation is the existence of a trial payment plan (“TPP”), your motion must indicate the (a) date of the TPP, (b) the number of payments required under the TPP, (c) the number of payments made under the TPP, (d) the date of the last payment due, and (e) a copy of the TPP ­must be attached to the motion. 
F) If the basis of your requested cancellation is that a loan modification package has been submitted, your motion must indicate (a) the date that the loan modification package was submitted to the Plaintiff, (b) whether or not the Plaintiff has completed reviewing the loan modification package and (c) a copy of the loan modification package (without exhibits) must be attached to the motion. 
G) If the basis of your requested cancellation is a pending short sale, your motion must indicate (a) whether or not a short sale contract has been signed by the owner and a 3rd party, (b) the date the executed short sale contract was submitted to the Plaintiff, (c) whether or not the Plaintiff has accepted/approved the short sale contract, and (d) a copy of the short sale contract must be attached to the motion.    

2.  The Court’s foreclosure motion calendars take place every Tuesday (at 9:00 a.m.).  You must set your hearing on a foreclosure motion calendar and notify the other parties (including non-party buyers) in your case.  

3.  If you are filing an emergency motion to cancel a foreclosure sale, the sale date must be scheduled within five (5) days from the date of your motion.  If the sale is scheduled more than five (5) days from the date of your motion, then it is not an emergency. 

4.  Once you have selected your hearing date, you must send a notice of hearing to all parties on the service list, including condominium and homeowners’ associations, as applicable.  You must bring proof of this notice to the hearing; a minimum notice of 48 hours by fax or email is required for emergency hearings.

5.  You must file both the motion to cancel sale and the notice of hearing with the Clerk of the courts, room 133 on the first floor of the Miami Dade County Courthouse*.  Remember to keep copies of your stamped, filed motion and notice to present in Court.   
*In-person filing applies to pro-se litigants

6.  On the day of your hearing, you are required to provide a copy of the Motion, Notice of Hearing, fax or email confirmation of notice to all parties, and any supporting documentation to the Court. 

June 30th Update: Foreclosure Motion Calendars will continue to take place remotely via Zoom.  To access Zoom directly from courtMAP, click on “join zoom meeting” on the date/time of the hearing.

Submission of Original Notes: DO NOT DELIVER ORIGINAL LOAN DOCUMENTS IN ADVANCE OF A HEARING OR TRIAL UNLESS YOU HAVE BEEN INSTRUCTED TO DO SO BY THE COURT.

Foreclosure motion calendar hearings are limited to 5 minutes per case.  The Court will hear no more than two (2) motions per case per foreclosure motion calendar.  Foreclosure matters will only be heard on Tuesdays unless you are scheduling a Motion to Cancel Sale.  Motions to Cancel Sale may also be scheduled for hearing on Wednesdays and Thursdays at 9:00 a.m.  DO NOT schedule non-foreclosure matters on Tuesdays; non-foreclosure matters are only heard on Wednesdays and Thursdays at 9:00 a.m.

To set a foreclosure motion for hearing:

*Select the date from the Court's foreclosure motion calendar availability (found on courtMap). 

*Submit your supporting documents (filed motion, notice of hearing, etc.) when creating the event on courtMAP.  DO NOT create multiple events on any one case; the system allows for two (2) motions to be set on each case.  If you are setting two motions, submit supporting documents for each motion. Once a green "Success" message appears, your hearing has made the calendar. 

IMPORTANT: Although the movant and the parties listed on the service list will receive an email from courtMAP indicating that an event has been created, a notice of hearing will not automatically generate.  The movant must e-file a notice of hearing via the e-portal system. 

To confirm a hearing: click on the "calendar" tab in the navigation bar and then on "view events," select the hearing date; the scheduled hearing will appear.  You can also click on "calendar," then on "events by case" and enter the case number; all upcoming hearings for that case number will appear.    

To cancel a foreclosure motion calendar hearing: 
Movants cancelling a foreclosure hearing shall e-file a notice of cancellation and cancel the hearing on courtMAP.  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. 

THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING:

1. MOTIONS FOR COURT DEFAULT
2. MOTIONS TO RESCHEDULE FORECLOSURE SALES
3. MOTIONS FOR EXTENSION OF TIME TO EFFECTUATE SERVICE OF PROCESS
4. MOTIONS TO CONTINUE TRIAL OR STRIKE TRIAL DATES, EVEN IF AGREED TO (Motions for continuance must indicate whether it is the first request for continuance. If it is not, the number and date of prior continuance(s) must be included in the motion.)
5. MOTIONS TO COMPEL MEDIATION
6. MOTIONS TO CANCEL SALE (EVEN IF AGREED TO)
7. MOTIONS TO ISSUE WRIT OF POSSESSION

NOTE REGARDING "WALK-INS"
The Court does not allow contested/disputed "add-ons" or "walk-ins" during a motion calendar when the Court is in trial. If you are planning on "walking in" to a motion calendar with opposing counsel for a contested/disputed motion, please call the day prior to the date of the motion calendar to make sure that the Judge is not in trial. 

Motion Calendars are via Zoom.  To access Zoom directly from courtMAP, click on “join zoom meeting” on the date/time of 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.   

To set a matter on the Court's motion calendar for hearing:

*Select the date from the Court's motion calendar availability (found on courtMAP).

*Do not take up more than one (1) slot on the motion calendar.

*Create the event on courtMAP (set your hearing), upload all supporting documents (filed motion, notice of hearing, etc.). 

*DO NOT create multiple events (set multiple hearings) for any one case. CourtMAP allows for two (2) motions to be set on each case.  If a hearing is set and the need arises to add-on a motion, that may be done by way of timely amending the notice of hearing to include the second motion and uploading copies of the additional motion and the amended notice.    

*Once a green "Success" message appears, the hearing has made calendar.  

IMPORTANT: Although the movant and the parties listed on the service list at the time the hearing is set will receive an email from courtMAP indicating that an event has been created, a notice of hearing will not automatically generate.  The movant MUST e-file the notice of hearing via the e-portal system.  

 To confirm a hearing: click on the "calendar" tab in the navigation bar and then on "view events," select the hearing date; the scheduled hearing will appear.  You can also click on "calendar," then on "events by case" and enter the case number; all upcoming hearings for that case number will appear.  

To cancel a motion calendar hearing:
 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.  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.  

THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING:
1. MOTIONS FOR COURT DEFAULT
2. MOTIONS TO RESCHEDULE FORECLOSURE SALES
3. MOTIONS FOR EXTENSION OF TIME TO EFFECTUATE SERVICE OF PROCESS
4. MOTIONS TO CONTINUE TRIAL OR STRIKE TRIAL DATES, EVEN IF AGREED TO (Motions for continuance must indicate whether it is the first request for continuance. If it is not, the number and date of prior continuance(s) must be included in the motion.)
5. MOTIONS TO COMPEL MEDIATION
6. MOTIONS TO CANCEL SALE (EVEN IF AGREED TO)
7. MOTIONS TO ISSUE A WRIT OF POSSESSION

NOTE REGARDING "WALK-INS"
The Court does not allow contested/disputed "add-ons" or "walk-ins" during a motion calendar when the Court is in trial. If you are planning on "walking in" to a motion calendar with opposing counsel for a contested/disputed motion, please call the day prior to the date of the motion calendar to make sure that the Judge is not in trial.  

*All proposed orders must be submitted via courtMap

*Supporting documents (i.e.: motions, affidavits, cover letters, etc.) must always be submitted in support of a proposed order. 

*Do not submit proposed orders on matters that are contested and/or already set for hearing. 

*If you are submitting a proposed order after a hearing, you must submit a cover letter that includes the hearing details and the Court's oral ruling. 

*When submitting a proposed/agreed order, the title of the order must be typed in the title box provided by courtMAP, NOT within the body of the proposed/agreed order.  

*NOTE: courtMAP automatically adds the case style, the order title (within the body of the order), the judge's signature block and the done and ordered language to the order.  

*If you are submitting a Case Management Order which adopts a case management plan, you must submit the filed case management plan as a supporting document. 

Note: When submitting the Case Management Order in compliance with Florida Supreme Court Administrative Order 20-23A12 and the 11th Judicial Circuit Administrative Order 21-09, incorporate the deadlines included within the Case Management Report. 

THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING:

1. MOTIONS FOR COURT DEFAULT

2. MOTIONS TO RESCHEDULE A FORECLOSURE SALE 

3. MOTIONS FOR EXTENSION OF TIME TO EFFECTUATE SERVICE OF PROCESS

4. MOTIONS TO CONTINUE TRIAL OR STRIKE TRIAL DATES, EVEN IF AGREED TO (motions for continuance must indicate whether it is the first request for continuance. If it is not, the number and date of prior continuance(s) must be included in the motion.)

5. MOTIONS TO COMPEL MEDIATION                                                                                                                 

6. MOTIONS TO CANCEL SALE (EVEN IF AGREED TO)

7. MOTIONS TO ISSUE WRIT OF POSSESSION

**If you are submitting an order on a Stipulation for Substitution of Counsel, you must submit the written consent of the client.  Additionally, the name and bar number of the “new” attorney must be included within the body of the proposed order. 

**When submitting an Order of Dismissal, specify whether the Dismissal applies to an individual Defendant or all Defendants. Failure to do so may cause the Court to enter an Order Dismissing the entire case. 

**If submitting a Motion to Withdraw as counsel, please identify if the case is currently set for trial.  If a Final Judgment has been entered, please indicate this in your motion. 

**Ex-Parte Motions to Compel: must contain certification of “good faith effort” required by Rule 1.380(a)(2).

**Motions for telephonic appearance must indicate the reason why a telephonic hearing is needed.  Please use the proposed order found in "documents."

All Special set hearings will be held in-person in Courtroom 21-B

PLEASE READ BEFORE SUBMITTING MOTIONS AND/OR MEMORANDA OF LAW FOR SPECIALLY SET HEARINGS

All motions/memoranda of law submitted in support of or in opposition to a motion must:

1. BE ONE-SIDED (NO DOUBLE-SIDED SUBMISSIONS)

2. TYPED IN 12 POINT FONT

3. BE DOUBLE SPACED

4. CONTAIN 1 INCH MARGINS

5. INCLUDE PAGE NUMBERS

6. BE NO MORE THAN 20 PAGES IN LENGTH. LEAVE OF COURT MUST BE PROVIDED PRIOR TO SUBMITTING ANY MOTION AND/OR MEMORANDA IN EXCESS OF 20 PAGES (THIS LIMIT DOES NOT INCLUDE EXHIBITS). YOU MUST SUBMIT A SEPARATE MOTION AND PROPOSED ORDER TO THE COURT SEEKING LEAVE TO EXCEED THE 20 PAGE LIMIT VIA THE PROPOSED ORDERS OPTION ON COURTMAP.  

7. RESPONSES FILED IN OPPOSITION TO MOTIONS SHALL NOT EXCEED 20 PAGES.  

8. REPLY BRIEFS SHALL NOT EXCEED 10 PAGES.  

  
TO SCHEDULE A SPECIAL SET HEARING BEFORE JUDGE ARZOLA

*The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMap. Once the date has been agreed to, the moving party shall submit a copy of the filed motion and the Court's request form under the supporting documents option on courtMAP when selecting the proposed hearing date for the Court's approval. A notice of hearing should NOT be filed or submitted by either side.

*Special set hearings are not scheduled until they are approved by the Court.  If the submission is rejected, the moving party will receive a rejection notice from courtMAP detailing the reason for the rejection (this rejection will also appear in the submitter's workbench/rejected folder).  Once the Court has approved the proposed hearing date, the parties will receive an automated email and a notice of hearing which will be automatically e-filed.

*Evidentiary Hearings: If the motion being scheduled is evidentiary in nature, include "Evidentiary" when entering the title of the motion. 

Courtesy Copies: Unless otherwise noted in the Florida Rules of Civil Procedure, all hearing-related materials must be uploaded to courtMAP at least three business days prior to the hearing date.  Pleadings that are e-filed will not automatically upload to courtMAP; e-filing and courtMAP are two separate platforms.  

*ADD-ON motions to special set hearings are not permitted without the Court's permission.

To schedule a hearing for more than one (1) hour, pick two (2) consecutive 1/2 hr. slots that equal to 1 hour.

*Please see the Court's Standing Orders on Motions for Entitlement to Attorney's Fees/Costs and Motions to Determine Amount of Attorney's Fees/Costs.  These Standing Orders should be submitted for execution via the proposed order option on courtMAP. 

To confirm a special set hearing:  All parties may confirm hearings by selecting calendar, events by case number (entering the case number), and clicking on the magnifying glass.  A list of all upcoming hearings on the case searched will appear.  Hearings that appear in green or "ready" are confirmed.  Hearings that appear in gray or "cancelled" are not set.  

SPECIAL SET HEARING CANCELLATIONS:To request the cancellation of a special set hearing, you must email the J.A. at mgavica@jud11.flcourts.org and CC all parties involved.

Your email must include the case information (style, hearing type, date set, etc.) as well as the reason why you are seeking the cancellation of said hearing.  Identify which party you represent. If you have not received a response from the J.A. within 24 hours, you must follow up with a telephone call to chambers to confirm whether the hearing has been cancelled. **Parties will NOT be able to cancel a special set hearing on courtMAP.

*E-FILING A NOTICE FOR TRIAL WILL NOT AUTOMATICALLY SET A MATTER ON THE COURT'S TRIAL DOCKET. *SUBMITTING A JOINT CASE MANAGEMENT REPORT/ORDER WILL NOT AUTOMATICALLY SET A MATTER ON THE COURT'S TRIAL DOCKET. PARTIES MUST FOLLOW THE PROCEDURES DETAILED BELOW IN ORDER FOR A MATTER TO BE SET FOR TRIAL.  

June 30th update: Calendar Call continues to be held remotely via Zoom; trials will be held in-person.  

*Parties shall confer and select the calendar call date for the corresponding trial period based on the Court's availability

*Foreclosure non-jury trials are scheduled without a calendar call and have separate availability under the "trial" tab on courtMAP

*When selecting the calendar call or foreclosure trial date, submit a copy of the e-filed notice of trial readiness (a.k.a. notice for trial, etc.) under the supporting documents tab.  

*Upon execution, a copy of the Court's trial order will be e-served on all parties that are included on the service list at the time the trial is scheduled.  The original trial order will be e-filed by courtMAP.  

Please note: Trial Orders include various deadlines; courtMAP availability complies with those deadlines (notice before event is 134 calendar days) and will only allow the scheduler to view dates that fall within the appropriate timeframe. 

*In the event of a settlement, a copy of the filed Notice of Settlement or Mediator's Report shall be emailed to: mgavica@jud11.flcourts.org