Jessica Rosario, JA (jrosario@jud11.flcourts.org) Edwin Garcia, Bailiff (egarcia@jud11.flcourts.org)
DIVISION PROCEDURES ADMINISTRATIVE ORDER 22-02. AO 22-02 requires the inclusion of docket/index identifiers in orders and notices of hearing. Motions should not be combined in a single notice or in a single order. Each motion noticed for hearing, or each proposed order submitted should be the subject of a separate notice and a separate order. Keep in mind that AO 22-02 authorizes the rejection of any proposed order or notice of hearing that does not comply with its directives, including the improper placement of the docket/index identifier. Submissions that are rejected for non-compliance with AO 22-02 are not checked for compliance with any other requirements of the applicable checklist. MOTIONS AND HEARINGS Division PMH06 does not have a Motion Calendar; all hearings are scheduled via the Special Set folder. The motion must be filed before selecting a hearing date and time. 5 or 10-minute motions shall be heard by Zoom and only in the morning time slots. The earliest available time slot in the earliest available time period MUST be selected. For example, do not set a 5 or 10-minute motion in the 10:00am – 11:00am time period if there is an available 5 or 10-minute slot available in the 9:30am – 10:00am time slot. 30 and 60-minute hearings must be set in a morning time slot. If there is not one available in the morning, it can be scheduled in the afternoon in the earliest time slot available. Hearings that require more than 60 minutes require that the movant: File the motion before requesting a hearing, Fill out a special set request form, Email the form to Judicial Assistant Jessica Rosario, Copy all parties on the email to chambers, Coordinate a date and time with all counsel and chambers. There must be a good faith effort to coordinate dates and times for any hearing that involves multiple or opposing counsel. After 2 good faith attempts to coordinate hearing dates and times with other counsel, a motion to compel may be filed with the Court. The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP At least 30 days’ notice is required unless all counsel agree to, and the Court’s office approves, a sooner date. The Court will presume that any request in the Special Set Requests queue is in compliance with this paragraph. The Court reserves the right to schedule motions over any objection or in emergency situations. All non-evidentiary hearings less than 30 minutes will be conducted by Zoom, unless all parties wish to have the hearing held in-person AND the Judge agrees. All evidentiary hearings and bench trials will be conducted in-person, unless all parties wish to have the hearing on Zoom AND the Judge agrees. There will be no hybrid hearings. All jury trials will be conducted in-person. When parties agree to change the hearing type, the parties shall comply with the foregoing procedures for motions and hearings. Evidentiary Hearings via Zoom: All parties must follow the Administrative Memorandum, dated June 28, 2021, for INTRODUCTION OF EVIDENCE IN REMOTE VIRTUAL EVIDENTIARY HEARINGS. CASE MANAGER QUEUE Most proposed orders with required supporting documents should be submitted under this tab. The case manager will review your submission for accuracy and legal sufficiency, and either reject your submission if it fails review or forward it to the judge for signature. YOUR SUBMISSION MUST COMPLY WITH AO 22-02 If the matter has been heard by the court, include the words “Post Hearing” in the title of your proposed order. Post hearing orders requested by the Court should be circulated to opposing counsel and submitted to the Court for signature no later than two days after the hearing. AGREED ORDERS Agreed orders are those resulting from adverse parties coming to a concurrence about a particular issue. Only submit agreed orders meeting this definition under the Agreed Order tab. “Agreed” does not mean that all parties on one side of an issue have concurred. An example would be when all beneficiaries agree to a particular matter. Even when that occurs, your proposed order must be submitted under the proposed order tab for case manager review. Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders. You must either set the matter for hearing, if need be, or submit your petitions, supporting documents and proposed orders via courtMap. Do not e-file unsigned proposed orders. Cover letters indicating what is being filed are not necessary. ORDERS TO PROGRESS When a case manager advises the Court and the Court agrees, or if the Court finds, that a case is not progressing, an Order to Progress (OTP) will be entered. The Court interprets the phrase “affirmative action” in an OTP to mean substantial and material progress not mere record activity. Prior to the expiration of the period granted in the OTP, counsel may respond to explain the reasons for the inactivity and request an extension or for the case to be placed on inactive status. An extension will be granted if good cause is established. The length of the extension requested must be reasonable and supported by the good cause. “The letters of administration grant 12/24 months to close the estate” is NOT good cause. The Court may deny the request for extension, grant the extension requested or deny the extension and place the case on inactive status. ZOOM HEARINGS Download the Zoom application, which you may use for free, at https://zoom.us/. Once your request for a hearing via Zoom is received and approved, you will receive an Outlook invitation for your scheduled hearing. Store the link provided in the invitation on your computer calendar and log-in at the appointed time. It will be your responsibility to share the link with your clients, opposing counsel, or any interested parties who do not appear on the service list. If you are aware that an interested party, or someone who is required to appear does not have access to necessary technologies, please cancel the hearing so that the interested party can make the necessary arrangements to participate in the hearing. The Court will not assist with or provide access to the hearing. You are expected and required to observe proper decorum and procedure as in any other court appearance.
Do not e-file unsigned proposed orders. Most proposed orders with required supporting documents should be submitted under this tab. The case manager will review your submission for accuracy and legal sufficiency, and either reject your submission if it fails review or forward it to the judge for signature. If the matter has been heard by the court, include the words “Post Hearing” in the title of your proposed order. That signals to the case manager that the court has considered and ruled upon any issues during the hearing. Generally, agreed orders are those resulting from adverse parties coming to a concurrence about a particular issue. “Agreed” does not mean that all parties on one side of an issue have concurred. An example would be when all beneficiaries agree to a particular matter. Even when that occurs, your proposed order must be submitted under the proposed order tab for case manager review. Only submit agreed orders meeting this definition under the Agreed Order tab. Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders. You must either set the matter for hearing if need be, or submit your petitions, supporting documents and proposed orders via courtMap. Procedures for Service of Motions to Disqualify on the Judiciary-Administrative Memorandum
https://www.jud11.flcourts.org/docs/Administrative%20Memorandum%20_Service%20of%20MTD%20on%20Judges%20-%2010-14-2021.pdf
Please be aware that certain items are prohibited on courthouse premises. If any listed prohibited item is detected to be in your possession when entering a court facility, you will be asked to exit the facility to secure the item elsewhere or dispose of it, before being allowed entry into the facility.