Judge Antonio Arzola
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Email • At Least Three Business Days Before Hearing
Motion, Notice Of Hearing
- 1 copy • Hand Delivery • On Day Of Hearing
Adjournments
- Motions to continue trial or strike trial dates must always be set for hearing, and continuance motions must state whether it is the first request and, if not, the number and dates of prior continuances.
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits3 rules
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REPLY BRIEFS SHALL NOT EXCEED 10 PAGES.
Summary: Reply briefs shall not exceed 10 pages.
Reply Brief
10 pages
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RESPONSES FILED IN OPPOSITION TO MOTIONS SHALL NOT EXCEED 20 PAGES.
Summary: Responses in opposition to motions shall not exceed 20 pages.
Opposition
20 pages
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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.
Summary: Motions and memoranda for specially set hearings are limited to 20 pages (excluding exhibits); exceeding the limit requires a separate motion and proposed order for leave of court.
Motion
20 pages
Document Format Requirements12 rules
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CONTAIN 1 INCH MARGINS
Summary: Motions and memoranda for specially set hearings must contain 1 inch margins.
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BE DOUBLE SPACED
Summary: Motions and memoranda for specially set hearings must be double spaced.
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INCLUDE PAGE NUMBERS
Summary: Motions and memoranda for specially set hearings must include page numbers.
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*ADD-ON motions to special set hearings are not permitted without the Court's permission.
Summary: Add-on motions to special set hearings are not permitted without the Court's permission.
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TYPED IN 12 POINT FONT
Summary: Motions and memoranda for specially set hearings must be typed in 12 point font.
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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.
Summary: Foreclosure matters are heard on Tuesdays; motions to cancel sale may also be heard Wednesdays/Thursdays at 9:00 a.m.; non-foreclosure matters may only be heard Wednesdays and Thursdays at 9:00 a.m.
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*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.
Summary: Do not create multiple events for one case; courtMAP allows two motions per case, and add-on motions require timely amending the notice of hearing with the additional motion uploaded.
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BE ONE-SIDED (NO DOUBLE-SIDED SUBMISSIONS)
Summary: Motions and memoranda submitted for specially set hearings must be one-sided (no double-sided submissions).
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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.
Summary: Foreclosure motion calendar hearings are limited to 5 minutes per case and no more than two motions per case per calendar.
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Motion calendar hearings are limited to 5 minutes per case; the Court will hear no more than two motions per case during motion calendar.
Summary: Motion calendar hearings are limited to 5 minutes per case and no more than two motions per case.
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*Do not take up more than one (1) slot on the motion calendar.
Summary: Parties must not take up more than one slot on the motion calendar.
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To schedule a hearing for more than one (1) hour, pick two (2) consecutive 1/2 hr. slots that equal to 1 hour.
Summary: To schedule a hearing longer than one hour, pick two consecutive half-hour slots equaling one hour.
Document Filing Requirements26 rules
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Notice of Lack of Prosecution & Order to Appear (FWOP): Absent a resolution of the case in its entirety or a Court Order, parties are required to appear regardless of filings.
Summary: Parties must appear at FWOP hearings regardless of filings unless the case is fully resolved or a Court Order excuses appearance.
Document Type
Notice Of Lack Of Prosecution
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*Do not submit proposed orders on matters that are contested and/or already set for hearing.
Summary: Do not submit proposed orders on matters that are contested or already set for hearing.
Document Type
Proposed Order
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*Supporting documents (i.e.: motions, affidavits, cover letters, etc.) must always be submitted in support of a proposed order.
Summary: Supporting documents such as motions, affidavits, and cover letters must always accompany a proposed order.
Document Type
Proposed Order
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**Ex-Parte Motions to Compel: must contain certification of “good faith effort” required by Rule 1.380(a)(2).
Summary: Ex-parte motions to compel must contain a certification of good faith effort required by Rule 1.380(a)(2).
Document Type
Ex Parte Motion To Compel
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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.
Summary: Foreclosure motion hearings must be set on the Court's Tuesday 9:00 a.m. foreclosure motion calendar, and all parties including non-party buyers must be notified.
Document Type
Foreclosure Motion Hearing
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1. Your motion must contain a certification that the matter is a true Emergency and cannot wait to be heard during a motion calendar.
Summary: Emergency motions must contain a certification that the matter is a true emergency and cannot wait for a motion calendar.
Document Type
Emergency Motion
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**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.
Summary: Orders on stipulations for substitution of counsel must include the client's written consent and the new attorney's name and bar number in the body of the proposed order.
Document Type
Order On Stipulation For Substitution Of Counsel
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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.
Summary: If a motion to cancel a foreclosure sale is based on a submitted loan modification package, the motion must state submission and review status and attach the package without exhibits.
Document Type
Motion To Cancel Foreclosure Sale
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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.
Summary: If a motion to cancel a foreclosure sale is based on a trial payment plan, the motion must state TPP dates and payment details and attach a copy of the TPP.
Document Type
Motion To Cancel Foreclosure Sale
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*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.
Summary: Proposed orders submitted after a hearing must include a cover letter with the hearing details and the Court's oral ruling.
Document Type
Proposed Order
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*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.
Summary: The title of a proposed/agreed order must be typed in the courtMAP title box, not within the body of the order.
Document Type
Proposed Order
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B. DO NOT submit a Case Management Report and Order if: 1. There is already an EXISTING CASE MANAGEMENT ORDER setting forth all pretrial deadlines. 2. Your case is already set for trial. 3. Your case is currently on inactive status by court order. 4. Your case is subject to current moratoria. 5. Your case is subject to F.S. 51.011. 6. If your case has been Noticed for Lack of Prosecution Hearing (FWOP) unless it is being attached to your WRITTEN GOOD CAUSE SHOWING. 7. Your case is uncontested.
Summary: A Case Management Report and Order must not be submitted in seven enumerated circumstances (existing CMO, set for trial, inactive status, moratoria, F.S. 51.011, FWOP notice unless attached to good cause showing, or uncontested cases).
Document Type
Case Management Report And Order
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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.
Summary: If a motion to cancel a foreclosure sale is based on a pending short sale, the motion must state contract status and dates and attach a copy of the short sale contract.
Document Type
Motion To Cancel Foreclosure Sale
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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.
Summary: A motion to cancel a foreclosure sale must contain the final judgment date, whether it was contested, prior cancellation history with reasons, and the specific reason for the current cancellation.
Document Type
Motion To Cancel Foreclosure Sale
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**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.
Summary: Orders of dismissal must specify whether dismissal applies to an individual defendant or all defendants, or the Court may dismiss the entire case.
Document Type
Order Of Dismissal
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*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.
Summary: A Case Management Order adopting a case management plan must include the filed case management plan as a supporting document.
Document Type
Case Management Order
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*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.
Summary: When selecting a calendar call or foreclosure trial date, parties must submit a copy of the e-filed notice of trial readiness under the supporting documents tab.
Document Type
Notice Of Trial Readiness
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**Emergency Motions must be uploaded to courtMAP once e-filed and must contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.**
Summary: Emergency motions must be uploaded to courtMAP once e-filed and must contain a statement that opposing counsel was notified in an attempt to resolve the matter amicably.
Document Type
Emergency Motion
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7. Instructions to deliver original notes will be provided after the conclusion of the foreclosure hearing. DO NOT DELIVER ORIGINAL NOTES BEFORE THE HEARING.
Summary: Original notes must not be delivered before the foreclosure hearing; delivery instructions are provided after the hearing concludes.
Document Type
Original Notes
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Submission of Original Notes: Please do not deliver original loan documents in advance of a hearing or trial unless you are instructed to do so by the Court. Original notes are to be delivered to chambers only room 1017. Do not deliver original notes to the clerks office.
Summary: Original loan documents must not be delivered in advance of a hearing or trial unless instructed by the Court; if instructed, deliver only to chambers room 1017, not the clerk's office.
Document Type
Original Notes
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**Motions for telephonic appearance must indicate the reason why a telephonic hearing is needed. Please use the proposed order found in "documents."
Summary: Motions for telephonic appearance must state the reason a telephonic hearing is needed and use the proposed order found in 'documents.'
Document Type
Motion For Telephonic Appearance
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*Parties shall confer and select the calendar call date for the corresponding trial period based on the Court's availability
Summary: Parties must confer and select the calendar call date for the corresponding trial period based on the Court's availability.
Document Type
Calendar Call Scheduling
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*Evidentiary Hearings: If the motion being scheduled is evidentiary in nature, include "Evidentiary" when entering the title of the motion.
Summary: Evidentiary motions must include the word 'Evidentiary' in the motion title when scheduling.
Document Type
Evidentiary Motion
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C. If your case meets any of the exceptions listed above, you must still follow the timeline requirements set forth in the 11th Judicial Circuit Administrative Order 21-09.
Summary: Even if exempt from submitting a Case Management Report and Order, parties must still follow the timelines in Administrative Order 21-09.
Document Type
Case Management
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**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.
Summary: Motions to withdraw as counsel must identify whether the case is set for trial and whether a final judgment has been entered.
Document Type
Motion To Withdraw As Counsel
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D. If your case was filed ON OR AFTER APRIL 30, 2021, the Court will issue a Case Management Order with prescribed timelines.
Summary: For cases filed on or after April 30, 2021, the Court will issue a Case Management Order with prescribed timelines.
Document Type
Case Management Order
Filing & Service rules
Electronic Filing Rules
Motions to cancel sale and notices of hearing must be filed with the Clerk of Courts room 133; pro se litigants must file in person; keep stamped copies to present in Court.
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
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Page 1 | Foreclosure Cancellations Information
All proposed orders must be submitted via courtMAP.
*All proposed orders must be submitted via courtMap
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Page 1 | Additional Instructions (Proposed Orders)
For cases filed before April 30, 2021, parties must submit a Case Management Report and Order via CourtMAP under Proposed Orders.
A. For cases filed BEFORE APRIL 30, 2021, you MUST submit CASE MANAGEMENT REPORT AND ORDER via CourtMAP under Proposed Orders.
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Page 1 | NEW MANDATORY CASE MANAGEMENT PROCEDURES
The movant must e-file the notice of hearing via the e-portal system; courtMAP does not automatically generate a notice of hearing.
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.
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Page 1 | Motion Calendar Information
A notice of hearing does not automatically generate from courtMAP; the movant must e-file the notice of hearing via the e-portal system.
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.
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Page 1 | Foreclosure Motion Calendar Information
Motions for judicial disqualification must be uploaded to the emergency option on courtMAP.
*Motions for Judicial Disqualification must be uploaded to the emergency option on courtMAP.
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Page 1 | Additional Instructions (Emergency Motions and Motions for Judicial Disqualification)
Only the party who scheduled a motion calendar hearing may cancel it, by e-filing a notice of cancellation and cancelling on courtMAP.
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.
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Page 1 | Motion Calendar Information
Movants cancelling a foreclosure hearing must e-file a notice of cancellation and cancel the hearing on courtMAP.
Movants cancelling a foreclosure hearing shall e-file a notice of cancellation and cancel the hearing on courtMAP.
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Page 1 | Foreclosure Motion Calendar Information
Filing Timing and Cure Windows
E-filing a notice for trial or submitting a joint case management report/order does not automatically set a matter for trial; parties must follow the Court's procedures.
*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.
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Page 1 | Additional Instructions (Trial Scheduling)
Parties must be prepared to appear before the Court within one hour of submitting an emergency motion.
2. You must be prepared to appear before the Court within one (1) hour of submission of the Emergency Motion to the Court.
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Page 1 | Additional Instructions (Emergency Motions and Motions for Judicial Disqualification)
An emergency motion to cancel a foreclosure sale is only proper if the sale is scheduled within five days of the motion.
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.
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Page 1 | Foreclosure Cancellations Information
Submitting a joint case management report/order does not automatically set a matter on the trial docket; parties must schedule calendar call/trial on courtMAP.
*Submitting a joint case management report/order will not automatically set a matter on the Court's trial docket. The parties must follow the Court's procedures and schedule the calendar call/trial on courtMAP.
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Page 1 | NEW MANDATORY CASE MANAGEMENT PROCEDURES
Special set hearings are not scheduled until approved by the Court; rejections are notified via courtMAP, and approvals trigger an automated email and automatically e-filed notice of hearing.
*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.
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Page 1 | TO SCHEDULE A SPECIAL SET HEARING BEFORE JUDGE ARZOLA
Discovery, summary judgment, and Daubert motion deadlines must be at least 3-4 months prior to the trial date in case management reports.
*Please make sure that Discovery, Summary Judgment and Daubert Motion deadlines are at least 3-4 months prior to the trial date*
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Page 1 | NEW MANDATORY CASE MANAGEMENT PROCEDURES
Foreclosure cancellation and motion calendar hearings require 7 business days notice before hearing.
Notice Before Hearing: 7 Business Days
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Page 1 | Foreclosure Cancellations Information / Motion Calendar Information
Trial orders include deadlines; courtMAP requires notice before the event of 134 calendar days and only shows dates within the appropriate timeframe.
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.
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Page 1 | Additional Instructions (Trial Scheduling)
Service and Proof of Service Rules
Notice of hearing must be sent to all parties on the service list including associations; proof of notice must be brought to the hearing; emergency hearings require a minimum of 48 hours notice by fax or email.
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.
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Page 1 | Foreclosure Cancellations Information
Courtesy Copy Requirements
All hearing-related materials must be uploaded to courtMAP at least three business days before the hearing; e-filing does not automatically upload to courtMAP.
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.
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Page 1 | Additional Instructions (Special Set Hearings)
On the hearing day, parties must provide the Court with the motion, notice of hearing, fax/email confirmation of notice, and supporting documentation.
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.
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Page 1 | Foreclosure Cancellations Information
Pre-Motion Conference Requirements
To schedule a special set hearing, the moving party must coordinate with opposing counsel based on courtMAP availability and submit the filed motion and request form; a notice of hearing should not be filed by either side.
*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.
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Page 1 | TO SCHEDULE A SPECIAL SET HEARING BEFORE JUDGE ARZOLA
Seven categories of motions (court default, reschedule foreclosure sales, extension of time for service, continue/strike trial dates, compel mediation, cancel sale, writ of possession) must always be set for hearing, even if agreed to.
THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING: MOTIONS FOR COURT DEFAULT MOTIONS TO RESCHEDULE FORECLOSURE SALES MOTIONS FOR EXTENSION OF TIME TO EFFECTUATE SERVICE OF PROCESS MOTIONS TO CONTINUE TRIAL OR STRIKE TRIAL DATES, EVEN IF AGREED TO MOTIONS TO COMPEL MEDIATION MOTIONS TO CANCEL SALE (EVEN IF AGREED TO) MOTIONS TO ISSUE WRIT OF POSSESSION
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Page 1 | THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING
Adjournment & Extension Requirements
Motions to continue trial or strike trial dates must always be set for hearing, and continuance motions must state whether it is the first request and, if not, the number and dates of prior continuances.
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.)
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Page 1 | THE FOLLOWING MOTIONS MUST ALWAYS BE SET FOR HEARING
Chambers Communication Rules
In the event of a settlement, a copy of the filed Notice of Settlement or Mediator's Report must be emailed to mgavica@jud11.flcourts.org.
*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
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Page 1 | Additional Instructions (Trial Scheduling)
Special set hearing cancellations require emailing the J.A. with case information and reason, CCing all parties; if no response within 24 hours, follow up by phone to chambers; cancellations cannot be made on courtMAP.
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.
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Page 1 | SPECIAL SET HEARING CANCELLATIONS
Contested add-ons/walk-ins are not allowed during a motion calendar when the Court is in trial; call the day prior to confirm the Judge is not in trial.
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.
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Page 1 | NOTE REGARDING "WALK-INS"