Judicial Section Details

"5-MINUTE" MOTION CALENDAR - Meeting Zoom ID: 93093751321

The 5-Minute Motion Calendar takes place on Tuesday mornings from 9:30 A.M. to 10:45 A.M and Wednesday mornings from 8:45 A.M. to 10:45 A.M. This calendar is for non-evidentiary matters only.  Motions to Compel, Motions to Appoint GAL, Motions to Withdraw, Motions for Referral, and the like, are all proper for the 5-Minute Motion Calendar. The Court limits any one case to a total of 15 minutes (3 motions total).

Please note: DO NOT SET MOTIONS FOR CONTEMPT/ENFORCEMENT ON THE 5-MINUTE MOTION CALENDAR. ALL MOTIONS FOR CONTEMPT/ENFORCEMENT SHALL BE SPECIAL SET WITH THE JUDICIAL ASSISTANT.

Instructions for setting:

1.    On the E-FILING PORTAL, file the Motion with any exhibits. Include 11thFC39@jud11.flcourts.org on all filings.

2.    On the E-FILING PORTAL, E-SERVE the opposing side with your filing.

3.    On COURTMAP, coordinate with opposing party and select the date to have the motion heard. Once a date is agreed upon, you may set the hearing using the Motion Calendar slot. Attach the motion, response, notice of hearing, and any supporting documents as "supporting documents." 

4. A Notice of Hearing must be filed for the 5-Minute Motion Calendar listing the motion and docket number entry (D.E. #) corresponding to the motion that has been set.

5. If a 5-Minute Motion is cancelled, a Notice of Cancellation must be filed and provided to the Judicial Assistant.

6. Unilaterally set hearings, without coordination from the opposing party, will be removed from the calendar unless approved by the Court. If you are seeking to schedule a hearing unilaterally, the request must be in writing to the Court with reasons as to why a unilateral setting is necessary.

Judge Multack's non-jury trials occur during a "trial week" towards the end of each month. Prior to the trial, approximately three weeks prior, Judge Multack will hold a "calendar call" for all cases scheduled for the trial week. Each case is given a date certain. Multiple trials may be give the same date certain in the event a case settles. 

Judge Multack may also schedule a non-jury trial outside the trial week if the calendar permits and the parties are available.

All non-jury trials occur in person.

The Court's trial order is as follows:

NON-JURY TRIALS

PARTY MEETING:  No less than twenty (20) days prior to the trial, the attorneys/pro se litigants shall meet and communicate concerning settlement and all aspects of the trial.

PRE-TRIAL CATALOGUE:  NO LESS THAN FIFTEEN (15) DAYS PRIOR TO THE TRIAL, EACH PARTY SHALL FILE A PRE-TRIAL CATALOGUE WITH THE CLERK AND FORWARD A COURTESY COPY TO THE COURT.

 
The Pre-trial Catalogue shall contain the following information:

THE MARRIAGE:
Date and place of marriage.
Date of separation.
A concise statement of the marital history.

THE CHILDREN:
A list of the names and ages of the children.
A statement in compliance with Sec. 61.522, Florida Statutes.
A statement concerning the current parenting plan.
A statement of whether the children are presently covered under any medical and/or dental insurance policy.
A statement of any special medical problems of any of the children.

PARENTING PLAN:  In all cases where any aspect of the parenting plan is at issue a statement of the client's claims or defenses, together with the factual and legal basis for the position.

CHILD SUPPORT:
The attorneys/pro se litigants are required to provide a completed CHILD SUPPORT GUIDELINE WORKSHEET in support of his or her position regarding child support.
A statement of the amount of child support proposed.
A statement setting forth the specific factual and legal basis in support of the party's claim and/or defense for child support.

ALIMONY - SPECIAL RELIEF: In all cases where either party seeks alimony or other special relief a STATEMENT OF CLIENT'S CLAIM for alimony and/or special relief is required and shall state the nature of alimony claimed, whether lump sum, rehabilitative or permanent, together with the factual and legal basis therefore.

WITNESS LIST: The Pre-trial Catalogue shall contain a list of witnesses to be called at trial. This includes rebuttal and impeachment witnesses who, in the exercise of diligent pre-trial preparation, you should know might be called.  Expert witnesses shall be so specified.  Such list shall contain names, addresses and a brief statement of testimony to be offered.  Witnesses not listed will not be called at trial except for good cause shown.

EXPERT WITNESSES: ONLY ONE (1) EXPERT, PER SPECIALTY, PER SIDE, is permitted, unless otherwise ordered by the court.

EXHIBIT LIST: The Pre-trial Catalogue shall contain a list o all exhibits which may be used at trial.  Each exhibit must be shown to the opposing attorney/pro se litigant at least seven (7) days before trial.   Exhibits not specifically listed may not be used at trial except for good cause shown. Prior to trial date, inquire whether you need to meet with the clerk to PRE-MARK EXHIBITS.

DIVISION OF ASSETS:  In all cases in which there is a disputed question as to division of any assets, real or personal, concurrently with the Pre-trial catalogue each party shall file a SCHEDULE OF ASSETS, signed by the party in affidavit form, setting forth each asset to which a disputed question exists or to the division thereof.  Said Schedule shall reflect: a description of the asset and non-marital assets (so identified); in whose name the title or ownership lies; the date of acquisition; the value at the time of acquisition; the value at time of filing of petition or, if another date is used, explain why another date is used; the present value thereof; the basis for any claim of unequal distribution thereto; and the basis for allowance of, (or any portion thereof,) of EQUITABLE DISTRIBUTION; a list of suggested disposition of each asset. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.

DIVISION OF DEBTS: In all cases in which there is a disputed question as to division of any debts, concurrently with the Pre-Trial catalogue each party shall file a Schedule of Debts, signed by the party in affidavit form, which shall reflect: a description of the marital debts and non-marital debts: in whose name the debt is in; the date debt was incurred; the amount of the debt when it was first incurred; the amount of the debt at the time of filing of the petition.  If another date is also used, explain why another date is also used and state the amount of the debts as of that date;
the present amount of the debt; a list containing a suggested disposition of each debt and the basis for the suggested disposition. THE SCHEDULE MUST BE SWORN TO BY THE PARTY.

 A SUMMARY OF ANY UNIQUE AREAS OF LAW OR FACTS TO BE ASSERTED.

STIPULATION: The attorneys/pro se litigants shall review testimony and stipulate to the admissibility, where appropriate, of all records and testimony which can be read into the record at final hearing.  A list of Admissions and Stipulation is to be included in the Pre-trial Catalogue.

FINANCIAL AFFIDAVIT: A current, fully executed financial statement in accordance with Form 12.901(d) or (e) of the Florida Family Law Rules of Procedure shall be attached to the Pre-trial Catalogue and exchanged with the attorneys/pro se litigants.

MEDIATION/PARENTING CLASS/SANDCASTLES PROGRAM: PRIOR TO THE TRIAL, the attorneys or the parties shall include a statement advising that the parties have scheduled a full mediation conference as to all issues (except in cases where there are domestic violence issues) and, if minor children are involved, completed the parenting class titled "Children of Divorcing Parents" and for children over six (6) years of age that they have completed the "Sandcastles" program, both of which are offered by Miami Dade Community College.

DISCOVERY: All discovery shall be completed ten (10) days prior to the date set for TRIAL and shall be allowed thereafter only upon agreement of the attorneys/pro se litigants or on a showing of good cause.

SETTLEMENT:  The attorneys/pro se litigants shall immediately notify the Court in the event of settlement.

All cases must attend mediation prior to filing a Notice of Readiness for Trial.
Notice of Readiness shall include the specific issues to be tried by the court (e.g. timesharing, alimony, child support).

Notice of Readiness for Trial must be filed through the e-filing portal or with the Clerk’s office. Please include 11thFC39@jud11.flcourts.org in the service list and contact chambers to schedule a hearing date.

Motions to continue the trial must include a signature from the client agreeing to the continuance. All motions to continue must be made 14 days prior to the trial date. The parties may file agreed motions to continue and agreed orders to continue trial and submit them through "Agreed Orders" on CourtMAP. Opposed Motion to Continue shall be set on the 5 Minute Motion Calendar.

All Non-Jury Trials shall be set through the Judicial Assistant.

Please coordinate with the opposing party prior to setting the motion. Once the date is agreed, set the hearing through chambers. Be sure to include the motion and notice of hearing as supporting documents when setting the hearing.
If the hearing is to be cancelled, submit a Notice of Cancellation through the e-filing portal and through CourtMAP.

ORDERS AND FINAL JUDGMENTS

The Court may request that proposed orders or final judgments be submitted. Please submit all proposed orders or final judgments via CourtMAP unless otherwise requested. Do not submit the proposed orders in advance of a hearing. The Proposed Orders are to be submitted after the hearing takes place.

Order Granting Motion to Withdraw do not need a hearing if the client's written consent is attached to the Motion.  All orders granting a motion to withdraw must contain the complete contact information (phone, address, email)  of the client.

**ALL EVIDENTIARY MATTERS ARE SET "IN-PERSON"**

The Court will entertain requests for Zoom evidentiary hearings on a case by case basis when good cause is shown.

1. For Special Settings -Please submit a request for hearing with the motion via email to the Judicial Assistant at yzarate@jud11.flcourts.org, after filing with the Clerk's office. All hearings should be set by the Judicial Assistant.

2. On the E-FILING EPORTAL, file the Motion and the Request for Hearing, with the Clerk's Office. Add 11thFC39@jud11.flcourts.org to the courtesy copy email list.  

3. Once the date has been selected, please be sure to add your case to the calendar and attach as supporting documents the filed Motion and Request for Hearing (with an e-file stamp). Any settings that do not include the motion and request for hearing with the e-file stamp will be rejected. Any settings that do not have any supporting documents will be rejected.

5. Once a date has been accepted by the JA, you will receive a notice of hearing generated and sent by CourtMAP that will serve as confirmation that your hearing is set.

6. PLEASE DO NOT NOTICE YOUR HEARINGS UNTIL YOU HAVE RECEIVED CONFIRMATION THAT THE HEARING IS SET. IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRIATE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

IMPORTANT: If you reach a resolution after a hearing has been scheduled, the party that requested the hearing must, IMMEDIATELY UPON REACHING A RESOLUTION, file a Notice of Cancellation with the Clerk or thru E-Portal AND EMAIL CHAMBERS to remove the matter from calendar. Please note that the Court requires at least 24 hours advance notice of cancellation.

UCD/RUCD ("Uncontested Divorce/Remote Uncontested Divorce") CALENDAR 

Judge Multack handles all Uncontested Dissolution of Marriage, Uncontested Paternity, Uncontested Temporary Custody, and Change of Name hearings administratively. This means you are not required to be present when the final judgment is entered.

To request a UCD/RUCD please follow the steps below.

1. Download the Supplemental Affidavit pertaining to your case above.

2. Prior to requesting a RUCD, the following documents must be submitted to the Court through CourtMAP:
a. Petition or Counter Petition
b. Answer or Answer & Waiver
c. Marital Settlement Agreement and/or Parenting Plan, if necessary.
d. If the Petition has been defaulted, file the Order of Default
e. UCCJEA Affidavit if there are children
f. Financial Affidavits, if required by the rules.
g. A copy of the Petitioner’s and/or Counter Petitioner’s valid Driver’s License, Florida State ID, or Voter’s Registration Card (must be current)
h. Supplemental Affidavit for UCD/RUCD

2. Attorneys: You must send a proposed Final Judgment through "Proposed Orders" on CourtMAP with all attachments. You will not have to appear in Court. 

3. Self-Represented Individuals: You will not have to appear in Court. The Court will prepare a final judgment and send it to you automatically via CourtMAP.

4. All requests for a RUCD will be reviewed.

5. If all of the necessary documentation is not submitted, the request for a remote UCD will be rejected, and you will be notified as to the missing information so you can re-submit.

6. If you do not wish to file a driver’s license in the court file, the case may be set on calendar and the driver’s license attached as a supporting document to the calendared event. (No hearing will take place).

7. For Paternity cases, the Acknowledgment of Paternity Affidavits are provided here for your convenience.