Judge Miguel M de la O
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
Motion
- 1 copy • Email • When Placing Case On Calendar
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Chambers
Document Filing Requirements5 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
JAC MOTIONS: Submit the Motion to have the Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to Chambers. If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents. If JAC requests a hearing, or if Judge de la O has questions after reviewing the Motion and supporting documentation, the judicial assistant will set the Motion on calendar for hearing.
Summary: JAC indigency motions must be submitted to Chambers with supporting documentation, JAC's response, and a proposed order; the Court may enter the order without a hearing unless JAC requests one or the Judge has questions, in which case the JA will set it for hearing.
Document Type
Jac Indigency Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
If the defendant is waiving any amount of credit for time served, Defense Counsel must fill out a waiver form (available from the Clerk) and have the defendant sign it.
Summary: Defense counsel must complete and have the defendant sign a credit-for-time-served waiver form (available from the Clerk) whenever any amount of credit for time served is waived.
Document Type
Credit For Time Served Waiver Form
The quote is in the court's document. The summary is not checked yet.Important?
LIMINE MOTIONS: Motions in Limine must be filed in writing no later than the Wednesday before trial.
Summary: Motions in Limine must be filed in writing.
Document Type
Motion In Limine
The quote is in the court's document. The summary is not checked yet.Important?
Counsel should, at a minimum, attach a copy of the A-form and defendant's criminal history to the Motion, along with any other documents Counsel wants Judge de la O to consider in increasing or reducing bond.
Summary: Bond increase/reduce motions must attach at minimum the A-form and the defendant's criminal history, plus any other supporting documents.
Document Type
Motion To Increase Or Reduce Bond
The quote is in the court's document. The summary is not checked yet.Important?
TERMINATE OR MODIFY PROBATION/CC: A Motion to Modify or Terminate should include the Probation Officer's, the State Attorney's, and – if applicable – the victim's position on the motion. Please include a copy of the A-form and the Defendant's criminal history.
Summary: Motions to modify or terminate probation must include the probation officer's, State Attorney's, and if applicable the victim's positions, plus the A-form and criminal history.
Document Type
Motion To Modify Or Terminate Probation
Filing & Service rules
Electronic Filing Rules
The original motion must be filed with the Clerk's office, and the Clerk does not forward e-filed motions to the Judge, which is why copies must be emailed to chambers.
The original motion must be filed with the Clerk's office. NOTE: The Clerk's Office does not provide Judge de la O with copies of motions which Counsel submits through E-filing.
The quote is in the court's document. The summary is not checked yet.
Page 2 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
The original motion and Notice of Hearing must be filed with the Clerk's Office, and the Clerk does not forward e-filed motions to Judge de la O, so a copy must be emailed to the JA.
The original motion & NOH must be filed with the clerk's office. (NOTE) – The Clerk's Office does not provide Judge de la O with copies of the motions which counsel submits through E-filing.
The quote is in the court's document. The summary is not checked yet. · Criminal cases
Page 1 | PLACING CASES ON CALENDAR
The Clerk's Office does not forward copies of e-filed motions to Judge de la O, so e-filing alone does not deliver motion papers to the judge's chambers.
Please note that the Clerk's Office does not provide Judge de la O with copies of the motions submitted through E-filing.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Policies and Procedures
Filing Timing and Cure Windows
Motions in Limine must be filed in writing by the Wednesday before trial or risk denial absent good cause.
LIMINE MOTIONS: Motions in Limine must be filed in writing no later than the Wednesday before trial. Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.
The quote is in the court's document. The summary is not checked yet.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Limine Motions
If the parties do not stipulate Nebbia compliance, documents must be submitted to chambers, and the Nebbia hearing is generally set for the next business day if provided to Chambers before 3:00 pm.
If there is no stipulation, submit the documents to chambers and the judicial assistant will a date for the Nebbia hearing. In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 3:00 pm.
The quote is in the court's document. The summary is not checked yet.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Nebbia
Parties are strongly encouraged to provide videos, transcripts, and evidence for an Arthur Hearing at least 24 hours before the hearing, earlier if voluminous.
Although neither party is required to file a motion, both sides are strongly encouraged to provide any videos, transcripts, evidence, etc., which the parties will rely upon at the Arthur Hearing at least 24 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.
The quote is in the court's document. The summary is not checked yet.
Page 4 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Arthur Hearings
Bond increase/reduce motions provided to Chambers before 3:00 pm will be scheduled for the next business day.
The judicial assistant will scheduled the hearing for the next business day if the motion is provided to Chambers before 3:00 pm.
The quote is in the court's document. The summary is not checked yet.
Page 4 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Increase/Reduce Bond
Arthur Hearing requests made to the judicial assistant before 3:00 pm will generally result in the hearing being set for the next business day.
most cases, the hearing will be set for the next business day if the request is made before 3:00 pm.
The quote is in the court's document. The summary is not checked yet.
Page 4 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Arthur Hearings
Any case law must be provided to the Court before the hearing.
If you have case law, provide it before the hearing.
The quote is in the court's document. The summary is not checked yet.
Page 5 | MISCELLANEOUS POLICIES AND PROCEDURES
Service and Proof of Service Rules
Return of property motions must be filed with the Clerk with copies to the State, the possessing agency, and chambers, and will be scheduled at least two weeks out.
RETURN OF PROPERTY: File the original with the Clerk's office, send a copy to the State, the agency in possession of the property, and to chambers. The judicial assistant will set the motion on calendar. The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection.
The quote is in the court's document. The summary is not checked yet.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Return of Property
Seal/expunge motions must be filed with the Clerk with a copy sent to chambers; counsel need not attend the hearing if all documents are in order.
SEAL/EXPUNGE: File the original with the Clerk's office and send a copy to chambers. The JA set the motion on calendar. Counsel does not have to be present at the hearing if all documents are in order.
The quote is in the court's document. The summary is not checked yet.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Seal/Expunge
Suppression motions must be filed with the Clerk with a copy to chambers, after which the JA calendars the case to select a special set hearing date.
SUPPRESSION MOTIONS: File the original with the Clerk's office and send a copy to chambers. The judicial assistant will place the case on calendar to select a special set date and time for the hearing.
The quote is in the court's document. The summary is not checked yet.
Page 4 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Suppression Motions
Bond increase/reduce motions must be filed with the Clerk with an emailed copy to chambers.
INCREASE/REDUCE BOND: File the original with the Clerk's office and email a copy to chambers.
The quote is in the court's document. The summary is not checked yet.
Page 4 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Increase/Reduce Bond
Opposing counsel must be copied on all emails, including emails to the JA placing motions on calendar.
You must copy opposing counsel on all emails.
The quote is in the court's document. The summary is not checked yet. · Criminal cases
Page 1 | PLACING CASES ON CALENDAR
The movant must prepare and serve a Notice of Hearing on all parties after the JA sets the motion on calendar.
The movant is responsible for preparing and serving a Notice of Hearing on all parties.
The quote is in the court's document. The summary is not checked yet. · Criminal cases
Page 1 | PLACING CASES ON CALENDAR
Courtesy Copy Requirements
To place a motion on calendar, counsel must email a copy of the motion to the JA at F012@jud11.flcourts.org because the Clerk's Office does not forward e-filed motions to the judge.
PLACING CASES ON CALENDAR: Email a copy of the motion to the JA (F012@jud11.flcourts.org).
The quote is in the court's document. The summary is not checked yet. · Criminal cases
Page 1 | PLACING CASES ON CALENDAR
Courtesy copies to chambers may be provided by email or hand-delivery.
METHOD OF PROVIDING COURTESY COPIES: Courtesy copies may be provided by email or hand-delivery.
The quote is in the court's document. The summary is not checked yet.
Page 2 | METHOD OF PROVIDING COURTESY COPIES
Pre-Motion Conference Requirements
Before requesting an Arthur Hearing, defense counsel must first confer with the assigned ASA about agreed pretrial release conditions.
ARTHUR HEARINGS: Defense Counsel must first speak with the assigned ASA to ascertain if the parties can agree to pretrial release conditions. If the parties cannot reach agreement, Defense Counsel may call the judicial assistant to request that
The quote is in the court's document. The summary is not checked yet.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Arthur Hearings
The court will not rule on a downward departure motion unless the defendant has entered a plea or been found guilty.
Judge de la O will not rule on a motion for a downward departure sentence unless the defendant has entered a plea or been found guilty.
The quote is in the court's document. The summary is not checked yet.
Page 5 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Adjournment & Extension Requirements
Counsel must bring discovery violations to the Court's attention, and the Court may deny continuances if counsel has not filed a Motion to Compel.
If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court. The Court may deny continuances in these circumstances if counsel has not filed Motions to Compel.
The quote is in the court's document. The summary is not checked yet.
Page 5 | MISCELLANEOUS POLICIES AND PROCEDURES
Motions for continuance may be made orally (ore tenus) at Sounding.
CONTINUANCES: Motions for Continuance may be made ore tenus at Sounding.
The quote is in the court's document. The summary is not checked yet.
Page 2 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Chambers Communication Rules
Any email to the Judge or the Judicial Assistant about a case must copy all counsel in the same email.
JUDICIAL ASSISTANT'S NAME & EMAIL: Patsy Garbalosa (pgarbalosa@jud11.flcourts.org) If you write the Judge or the judicial assistant about a case, you must copy all counsel in the same email.
The quote is in the court's document. The summary is not checked yet.
Page 1 | JUDICIAL ASSISTANT'S NAME & EMAIL
To place a motion on calendar, a copy of the motion must be emailed to chambers, and the JA will call the attorney's office with the hearing date.
PROCEDURES FOR PLACING MOTIONS ON CALENDAR: Send a copy of the motion to chambers by email. The JA will call the attorney's office with the date that the motion will be on calendar.
The quote is in the court's document. The summary is not checked yet.
Page 2 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
Use the division email F012@jud11.flcourts.org to reach both the Judge and the JA, and do not send separate copies to each.
DIVISION EMAIL: F012@jud11.flcourts.org. Email to this address are sent to both the Judge and the JA, so please do not send a separate copy to the Judge or JA.
The quote is in the court's document. The summary is not checked yet.
Page 1 | DIVISION EMAIL
Emails to Judge de la O regarding court business must copy the Judicial Assistant; the Judge's email is mdelao@jud11.flcourts.org.
JUDGE'S NAME & EMAIL: Miguel M. de la O (mdelao@jud11.flcourts.org) (please copy the Judicial Assistant on any emails regarding court business)
The quote is in the court's document. The summary is not checked yet.
Page 1 | JUDGE'S NAME & EMAIL
Chambers can be reached by phone at 305.548.5761 (Room 212, 1351 N.W. 12th Street, Miami, FL 33125).
CHAMBER'S INFORMATION a. Address: 1351 N.W. 12th Street, Room 212, Miami, FL 33125 b. Phone #: 305.548.5761
The quote is in the court's document. The summary is not checked yet.
Page 1 | CHAMBER'S INFORMATION
If the parties cannot agree on pretrial release conditions, defense counsel may call the judicial assistant to request an Arthur Hearing.
If the parties cannot reach agreement, Defense Counsel may call the judicial assistant to request that
The quote is in the court's document. The summary is not checked yet.
Page 3 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS – Arthur Hearings
Judge de la O's office phone number is (305) 548-5761 at the Richard E. Gerstein Justice Bldg., Room REG 212.
Phone: (305) 548-5761
The quote is in the court's document. The summary is not checked yet.
Page 1 | Policies and Procedures
The division/chambers email address is F012@jud11.flcourts.org, which is used for placing motions on calendar.
Email: F012@jud11.flcourts.org
The quote is in the court's document. The summary is not checked yet. · Criminal cases
Page 1 | Judge/Division Contact Information (Circuit Criminal, Section F012)
The division/chambers phone number is (305) 548-5761.
Phone: (305) 548-5761
The quote is in the court's document. The summary is not checked yet. · Criminal cases
Page 1 | Judge/Division Contact Information (Circuit Criminal, Section F012)