MOTIONS TO DISQUALIFY/RECUSE
Any Motion to Disqualify/Recuse must
be uploaded with supporting documents as an emergency in courtMAP.
**Personal service is accomplished by
electronically serving the judge’s JA with the “service of a court document”
subject line required by the rules/portal.**
Notice Before Hearing:
7 Business Days
Files at Hearing:
As of March 11, you will no longer be able to submit documents/materials on eCourtesy. You must use courtMAP. The courtMAP webpage is located at:
If you are filing a Motion to Cancel a Foreclosure Sale (read carefully)
ATTENTION: MOTIONS TO CANCEL SALE, EVEN IF AGREED TO WILL NOT BE CONSIDERED/EXECUTED ON E-COURTESY.
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 motion calendars take place every Tuesday (at 8:30 a.m.), Wednesday and Thursday (at 9:00 a.m.). You must set your hearing on a 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.