Judge Mindy A. Mora
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Filing Requirements10 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Immediately after filing the motion or application, upload the proposed order to CM/ECF. A motion or application seeking relief without a hearing will not be considered until a proposed order is uploaded.
Summary: Immediately after filing a motion or application seeking relief without a hearing, the proposed order must be uploaded to CM/ECF; the motion will not be considered until then.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Include a service directive in the order and promptly serve the order upon entry.
Summary: Orders must include a service directive.
Document Type
Order
The quote is in the court's document. The summary is not checked yet.Important?
In rem relief: o The most common form of stay relief granted by the Court is in rem relief, which is restricted to an assertion of rights against property only rather than the debtor personally. Include a statement clarifying this distinction.
Summary: In rem stay relief orders must include a statement clarifying that relief is restricted to rights against property only, not the debtor personally.
Document Type
Stay Relief Order
The quote is in the court's document. The summary is not checked yet.Important?
An order submitted in a chapter 13 case that was submitted in a matter heard only on the chapter 13 consent calendar must state in the introductory paragraph “came before the Court on the Chapter 13 Consent Calendar” and not reflect that it was heard “by the Court,” as required by Local Rule 5005-1(G)(1)(d).
Summary: Chapter 13 consent calendar orders must state 'came before the Court on the Chapter 13 Consent Calendar' in the introductory paragraph and must not state the matter was heard 'by the Court.'
Document Type
Order
The quote is in the court's document. The summary is not checked yet.Important?
If the agreed order resolves a matter set for hearing, include two things: o A decretal paragraph identifying the date and time of the hearing and cancelling the hearing, and o The words “AND CANCELLING HEARING” in the title to alert the docketing clerk to the cancellation.
Summary: Agreed orders resolving a matter set for hearing must include a decretal paragraph cancelling the hearing and the words 'AND CANCELLING HEARING' in the title.
Document Type
Agreed Order
The quote is in the court's document. The summary is not checked yet.Important?
The record must reflect that the matter is agreed. This can happen in two ways: o Via submission of an agreed motion. o By a representation in the text of the order clarifying that since the filing of the motion, the parties have subsequently agreed to entry of an order. ▪ Use of the word “Agreed” in the title alone is insufficient.
Summary: Agreed orders must reflect agreement either via an agreed motion or a representation in the order text; 'Agreed' in the title alone is insufficient.
Document Type
Agreed Order
The quote is in the court's document. The summary is not checked yet.Important?
Include a footnote after the word “Amended” describing the nature of the amendment.
Summary: Amended orders must include a footnote after the word 'Amended' describing the nature of the amendment.
Document Type
Amended Order
The quote is in the court's document. The summary is not checked yet.Important?
Specifically define the suit that may proceed as a result of the order, including the court in which the matter is being heard.
Summary: In personam stay relief orders must specifically define the suit that may proceed, including the court where the matter is heard.
Document Type
Stay Relief Order
The quote is in the court's document. The summary is not checked yet.Important?
Specifically define the property. o For real property, use a legal description. o For vehicles, use the VIN. o For other personal property, define the property as precisely as possible.
Summary: In rem stay relief orders must specifically define the property (legal description for real property, VIN for vehicles, precise description for other personal property).
Document Type
Stay Relief Order
We could not find this wording in the court's document. Open the source before relying on it.Important?
State precisely what the creditor can do with the property as a result of entry of the order. ... General statements such as "Movant may enforce its rights" are insufficient.
Machine summary and details
Summary: In rem stay relief orders must state precisely what the creditor may do with the property; general statements are insufficient.
Document Type
Stay Relief Order
Filing & Service rules
Service and Proof of Service Rules
The submitting party must serve the order on all required parties and file a certificate of service reflecting the date and manner of service.
It is the responsibility of the submitting party (not the Court) to timely serve the order on all required parties and file a certificate of service reflecting the date and manner of service as required under Local Rule 9036-2.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 11 | PART SEVEN: SERVICE OF ORDERS
Orders must be served promptly upon entry.
Include a service directive in the order and promptly serve the order upon entry.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 11 | PART SEVEN: SERVICE OF ORDERS
If stay relief involves property subject to a Florida state court action, serve the clerk of that state court as an interested party with the order and include the state court case number below the clerk's name on the certificate of service.
If stay relief involves property that is the subject of an action pending in a Florida state court, be sure to serve the clerk of the applicable Florida state court as an interested party with the order granting stay relief. Include the case number of the state court action immediately below the name of the state court clerk on the certificate of service.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 6 | Stay Relief Orders
Parties must check the Local Rules for electronic docketing, service, and certificate of service requirements.
Check the Local Rules for provisions addressing electronic docketing of orders, service, and certificate of service requirements.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 11 | PART SEVEN: SERVICE OF ORDERS