Judicial Section Details

 WE ARE NOW USING COURTMAP.  

"The Court does not permit telephonic appearance for Non-Jury Trials, Jury Trials or Evidentiary hearings except under a timely filed motion establishing good cause, the Court will evaluate each request on a case-by-case basis."

SMALL CLAIMS PRE-TRIALS ARE NOW  IN PERSON:  If a party or parties want to waive appearance at pretrial and are Invoking the Rules of Civil Procedure, they must fill out and submit the court's form OIR/STANDING SCHEDULING ORDER.  

Non-Jury Trials:  The parties must submit all evidence no less than 7 days prior, by going to the clerk's e-filing program and using the Evidence submission button. 

MOTION CALENDAR A.K.A FIVE-MINUTE MOTIONS: Motion calendars are set on Wednesday and Thursday, 9:30 to 10:30, except for jury trial week and cancelled dates which are listed on the website. Parties must coordinate among themselves and set the hearings through CourtMap. The Court will not hear Motions to Dismiss, Motions to Quash Service, Fee Hearings, Motions for Summary Judgment, Motion for Protective Order, Motion to Determine Rent, Evidentiary Hearings, Motions in Limine, Motions for Sanctions, or Any Motions That will take more than five (5) minutes. Both sides must be able to give their complete presentations/arguments and the court should be able to rule within the allotted time. You cannot “piggy back” multiple motions you must set each motion individually for a specific time period. If in doubt call the judicial assistant to verify that your motion is appropriate for the five-minute motion calendar. Motions that are not five minutes are subject to cancellation.  

Landlord/Tenant matters please contact chambers to schedule.

All Motions may be heard on Motion Calendar except Motions to Dismiss, Motion for sanctions, Motions in Limine, Motions for Summary Judgment, Motion for Attorney's Fees and Costs, and Evidentiary Hearings.

Motion Calendar Procedures
In order for your matter to be added to Judge Diana Gonzalez-Whyte’s Motion Calendar, the Notice of Hearing and Motion(s) MUST:

(1) Be filed with the Clerk

(2) Only one motion is allowed.

(3) The Name of the person the hearing was coordinated to on the notice (the Notice of Hearing must specify the discovery motions and the date each were filed). 
(4) Courtesy copies, including supporting documents, if any, must be submitted  under "Motion Calendar" Tab AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING or the matter will NOT be heard.

Motion Length:  If your Motion is over 20 pages (including exhibits), please deliver a courtesy copy to Chambers no sooner than 7 days from the day of the hearing.  

Responses:  Parties wishing to submit a response to a matter set on Motion Calendar must be sure to file said response with the Clerk and submit it via courtmap "Motion Calendar" prior to the hearing date.

Motion to Continue Trial:  Motions to Continue Trial will not be heard at Motion calendar but rather addressed at Calendar Call. Please do not schedule on Motion Calendar as they will not be heard.

Submission of Evidence:  All evidence must be submitted at least 5 days prior to any hearing.  Follow instructions for evidence submission located in the documents.

Motion For Reconsideration/Rehearing: Motions for Rehearing/Reconsideration MUST  be set on the special set calendar for no less than 30 minutes.

Proposal for Settlements:  These motions may be unilaterally set so long as the opposing party is given 7 days’ notice.

CourtMap submissions: must include motions and any necessary affidavits including proof of service if you are asking for a Final Judgment.  

Telephonic Appearances:  To appear by phone please submit your motion with the date, time, length and the type of  hearing and the reason why you cannot make it in person along with proposed order via CourtMap  

Cancellations:  Counsel for the party who placed a matter on the Motion Calendar shall file the Notice of Cancellation with the Clerk and fax a copy to the Judicial Assistant at  305-349-7627. 

Making Calendar:  In order to verify if your case made the Motion Calendar, please visit the Clerk of Courts website at: https://www2.miami-dadeclerk.com/ocs/Search.aspx