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Court Rules
Judge Carroll J. Kelly
Judge

Judge Carroll J. Kelly

Individual Rules, Standing Orders & Policies

Eleventh Judicial Circuit of Florida, Miami-Dade County

Communication

Email

Chambers

erosenstein@jud11.flcourts.org
Scheduling
Filters:

Document Format Requirements1 rule

Formatting

The e-mail must include the case number in the subject line, motion seeking to be heard and a proposed Order, (if applicable) in Microsoft Word format.

File type
Word
Applies to
  • Proposed order
Miami Dade:d8aad41a92e1ebfd5cb5c28b
|SectionHearing-date requests

Document Filing Requirements4 rules

Filing Requirements

The e-mail must include the case number in the subject line, motion seeking to be heard and a proposed Order, (if applicable) in Microsoft Word format.

Document
Hearing date request email

Must include

  • Proposed order
Miami Dade:d8aad41a92e1ebfd5cb5c28b
|SectionHearing-date requests
Filing Requirements

If the motion is an evidentiary motion, (ie: one which requires testimony or evidence of any kind) counsel, the defendant, and any witnesses the parties wish to call are required to appear IN-PERSON.

Filing Requirements

If a party is seeking an exception to the in-person appearance requirement, parties must comply with Fla. R. Crim. Pro 3.116(d)(2).

Filing Requirements

The e-mail must include the case number in the subject line, motion seeking to be heard and a proposed Order, (if applicable) in Microsoft Word format.

Document
Hearing request email

Must include

  • Case number
  • Proposed order
Miami Dade:6879bd1518995cd53cf4ae55
|SectionCRIMINAL DIVISION 89

Filing & Service rules

Electronic Filing Rules

Civil motions may be filed in person at a Clerk of Courts office or electronically through the Florida Courts e-filing portal.

CIVIL MOTIONS – Motions may be filed in person at your nearest Clerk of Courts Office or you may eFile your motion via the Florida Courts e-filing portal.

Page 1 | CIVIL DIVISION 57

Civil motions may be filed in person at a Clerk of Courts Office or electronically through the Florida Courts e-filing portal.

CIVIL MOTIONS – Motions may be filed in person at your nearest Clerk of Courts Office or you may eFile your motion via the Florida Courts e-filing portal.

Page 1 | CIVIL DIVISION 57

Filing Timing and Cure Windows

All criminal Rule 3.190 motions must be filed 10 days before trial.

PRETRIAL SCHEDULING ORDERS - All 3.190 motions Must be filed 10 days prior to trial.

Page 1 | PRETRIAL SCHEDULING ORDERS

Criminal emergency motions must be filed and all parties copied by 2:00 p.m. the day before the requested hearing.

EMERGENCY MOTIONS – All motions must be filed and all parties copied by 2:00 pm the day before the hearing is requested.

Page 1 | CRIMINAL DIVISION 89

Criminal emergency motions must be filed and all parties copied by 2:00 p.m. on the day before the requested hearing.

All motions must be filed and all parties copied by 2:00 pm the day before the hearing is requested.

Page 1 | CRIMINAL DIVISION 89

All Florida Rule of Criminal Procedure 3.190 motions must be filed 10 days before trial.

All 3.190 Motions must be filed 10 days prior to trial.

Page 1 | CRIMINAL DIVISION 89

Service and Proof of Service Rules

All parties must be copied on criminal emergency motions by 2:00 p.m. the day before the requested hearing.

EMERGENCY MOTIONS – All motions must be filed and all parties copied by 2:00 pm the day before the hearing is requested.

Page 1 | CRIMINAL DIVISION 89

Pre-Motion Conference Requirements

The court will not notice hearings; the moving party must confer with the opposing party and notice the hearing under the Rules of Judicial Administration.

Please note, the court will not notice hearings, the moving party must confer with the opposing party and notice the hearing in accordance with the Rules of Judicial Administration.

Page 1 | Hearing-date requests

The court does not notice hearings; the moving party must confer with the opposing party and notice the hearing under the Rules of Judicial Administration.

Please note, the court will not notice hearings, the moving party must confer with the opposing party and notice the hearing in accordance with the Rules of Judicial Administration.

Page 1 | CRIMINAL DIVISION 89

A criminal DV Bonds/Emergency Calendar motion that is evidentiary, contested, or not an emergency must be heard in division.

If your motion is evidentiary, not agreed upon, or not an emergency, it must be heard in division.

Page 1 | CRIMINAL DIVISION 89

Adjournment & Extension Requirements

If a continuance is needed for a specially set hearing, do not wait until the hearing date to seek it.

MOTIONS TO CONTINUE SPECIAL SET HEARINGS – If you requested a special set hearing date and you need a continuance, please do not wait until the date of the hearing.

Page 1 | CIVIL DIVISION 57

For a continuance of a special-set hearing, do not wait until the hearing date to act.

MOTIONS TO CONTINUE SPECIAL SET HEARINGS – If you requested a special set hearing date and you need a continuance, please do not wait until the date of the hearing.

Page 1 | CIVIL DIVISION 57

Chambers Communication Rules

To be placed on the criminal DV Bonds/Emergency Motion Calendar, email the motion to the specified Judicial Assistant, Court Specialist, and clerks by 2:00 p.m. the preceding day.

To get onto Judge Kelly's DV Bonds / ER Motion Calendar, you must email your motion by 2:00 pm the day before to the JA at <erosenstein@jud11.flcourts.org> AND the Court Specialist Jessica Gallucci <jgallucci@jud11.flcourts.org> AND the clerks at Domestic Violence Bond Hearing <COCDVBONDHEARING@miamidadeclerk.gov> (305-349-6044).

Page 1 | CRIMINAL DIVISION 89

To request a hearing date for a criminal or civil motion, email both the Judicial Assistant and Court Specialist and copy the opposing party.

To request a hearing date for criminal or civil motions, email BOTH Judicial Assistant Emily Rosenstein at erosenstein@jud11.flcourts.org AND Court Specialist Jessica Gallucci at  jgallucci@jud11.flcourts.org. and copy the opposing party.  Both must be emailed.

Page 1 | Hearing-date requests

To request a criminal emergency-motion hearing date, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney; the matter must be an emergency.

EMERGENCY MOTIONS – All motions must be filed and all parties copied by 2:00 pm the day before the hearing is requested. You must email the motion to the Judicial Assistant, the Court Specialist and the opposing attorney to request a date. Matters must be an emergency.

Page 1 | CRIMINAL DIVISION 89

To request a criminal motion-calendar date, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney.

MOTION CALENDAR - You must email the motion to the Judicial Assistant, the Court Specialist and the opposing attorney to request a date.

Page 1 | MOTION CALENDAR

To request a date for a criminal emergency motion, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney.

You must email the motion to the Judicial Assistant, the Court Specialist and the opposing attorney to request a date.

Page 1 | CRIMINAL DIVISION 89

To be placed on the Thursday 11:00 a.m. DV Bonds and Emergency Motion Calendar, email the motion to the listed Judicial Assistant, Court Specialist, and clerks by 2:00 p.m. the preceding day.

DV BONDS & EMERGENCY MOTIONS are held at 11:00 Thursdays via zoom. To get onto Judge Kelly's DV Bonds / ER Motion Calendar, you must email your motion by 2:00 pm the day before to the JA at <erosenstein@jud11.flcourts.org> AND the Court Specialist Jessica Gallucci <jgallucci@jud11.flcourts.org> AND the clerks at Domestic Violence Bond Hearing <COCDVBONDHEARING@miamidadeclerk.gov> (305-349-6044).

Page 1 | CRIMINAL DIVISION 89

To request a hearing date for a criminal or civil motion, email both the Judicial Assistant and Court Specialist and copy the opposing party.

To request a hearing date for criminal or civil motions, email BOTH Judicial Assistant Emily Rosenstein at erosenstein@jud11.flcourts.org AND Court Specialist Jessica Gallucci at jgallucci@jud11.flcourts.org. and copy the opposing party. Both must be emailed.

Page 1 | CRIMINAL DIVISION 89

If unable to access Zoom, contact the Judicial Assistant or Court Specialist immediately upon receiving the notice to arrange an alternative.

If you are unable to access Zoom, please contact the Judicial Assistant or court Specialist immediately once you receive your notice to make alternative arrangements.

Page 1 | ZOOM

Criminal motion-calendar hearings start at 9:30 a.m.

Motions start at 9:30 am.

Page 1 | CRIMINAL DIVISION 89

Court-wide rules

Applies court-wide

These 7 rules apply across Eleventh Judicial Circuit of Florida, Miami-Dade County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 6
  • Applies to
    Pleadings and papers

    At the time of filing, pro se parties must have their pleadings and papers reviewed as to form by the Family Court Self Help Program, unless waived for good cause by the Administrative or Associate Administrative Judge.

  • Applies to
    Waiver request

    A waiver request under this Local Rule is treated as an emergency ex parte motion pursuant to Rule 12.741(b)(1), Family Law Rules of Procedure, and must be disposed of expeditiously.

  • Applies to
    Final hearing date

    All pro se parties must obtain a final hearing date from the Family Court Self Help Program, unless waived for good cause by the Administrative or Associate Administrative Judge.

Fees

All 1
  • Fee
    $35
    Applies to
    Forms packet

    The required forms packet is available from the Clerk's Office at a cost not to exceed $35.00, subject to good-cause waiver of the procedures by the Administrative or Associate Administrative Judge.

About Judge Carroll J. Kelly

Carroll J. Kelly is a judge in the Eleventh Judicial Circuit of Florida, serving Miami-Dade County. The circuit handles both circuit and county court divisions, covering a wide range of civil, criminal, and family matters.

This judge's procedures are published through the court's general rules.

Common questions about Judge Carroll J. Kelly's rules

Does Judge Carroll J. Kelly require a pre-motion conference or letter before filing a motion?

The court will not notice hearings; the moving party must confer with the opposing party and notice the hearing under the Rules of Judicial Administration.

View ruleSource: page 1, section Hearing-date requests

What formatting rules apply to filings before Judge Carroll J. Kelly?

Judge Carroll J. Kelly's formatting rule includes file format docx. Any proposed order included with a hearing-date request must be in Microsoft Word format.

View ruleSource: page 1, section Hearing-date requests

What must be included with evidentiary motion filings before Judge Carroll J. Kelly?

For a criminal evidentiary motion requiring testimony or evidence, counsel, the defendant, and intended witnesses must appear in person.

View ruleSource: page 1, section MOTION CALENDAR

What must be included with filings before Judge Carroll J. Kelly?

A party seeking an exception to the in-person appearance requirement must comply with Florida Rule of Criminal Procedure 3.116(d)(2).

View ruleSource: page 1, section MOTION CALENDAR

How may parties contact Judge Carroll J. Kelly's chambers?

To request a criminal motion-calendar date, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney.

View ruleSource: page 1, section MOTION CALENDAR

How do I request an adjournment or extension before Judge Carroll J. Kelly?

If a continuance is needed for a specially set hearing, do not wait until the hearing date to seek it.

View ruleSource: page 1, section CIVIL DIVISION 57

Is electronic filing required before Judge Carroll J. Kelly?

Electronic filing is permitted for the covered filings. Civil motions may be filed in person at a Clerk of Courts office or electronically through the Florida Courts e-filing portal.

View ruleSource: page 1, section CIVIL DIVISION 57

What filing deadlines does Judge Carroll J. Kelly set?

Criminal emergency motions must be filed and all parties copied by 2:00 p.m. the day before the requested hearing.

View ruleSource: page 1, section CRIMINAL DIVISION 89

What rule applies to serving all parties before Judge Carroll J. Kelly?

Details: recipient: all parties, timing: before filing. All parties must be copied on criminal emergency motions by 2:00 p.m. the day before the requested hearing.

View ruleSource: page 1, section CRIMINAL DIVISION 89
Complete rules summary for Judge Carroll J. Kelly

Any proposed order included with a hearing-date request must be in Microsoft Word format.

The court will not notice hearings; the moving party must confer with the opposing party and notice the hearing under the Rules of Judicial Administration.

Criminal emergency motions must be filed and all parties copied by 2:00 p.m. the day before the requested hearing.

To request a criminal motion-calendar date, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney.

All criminal Rule 3.190 motions must be filed 10 days before trial.

For a criminal evidentiary motion requiring testimony or evidence, counsel, the defendant, and intended witnesses must appear in person.

A party seeking an exception to the in-person appearance requirement must comply with Florida Rule of Criminal Procedure 3.116(d)(2).

A hearing-date request email must include the case number in its subject line and the motion; any applicable proposed order must be in Microsoft Word format.

To request a criminal emergency-motion hearing date, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney; the matter must be an emergency.

Civil motions may be filed in person at a Clerk of Courts office or electronically through the Florida Courts e-filing portal.

If a continuance is needed for a specially set hearing, do not wait until the hearing date to seek it.

If unable to access Zoom, contact the Judicial Assistant or Court Specialist immediately upon receiving the notice to arrange an alternative.

A criminal DV Bonds/Emergency Calendar motion that is evidentiary, contested, or not an emergency must be heard in division.

To be placed on the criminal DV Bonds/Emergency Motion Calendar, email the motion to the specified Judicial Assistant, Court Specialist, and clerks by 2:00 p.m. the preceding day.

To request a hearing date for a criminal or civil motion, email both the Judicial Assistant and Court Specialist and copy the opposing party.

All parties must be copied on criminal emergency motions by 2:00 p.m. the day before the requested hearing.

The hearing-date email must include the case number in its subject line and the motion; an applicable proposed order must be in Microsoft Word format.

For a continuance of a special-set hearing, do not wait until the hearing date to act.

To request a hearing date for a criminal or civil motion, email both the Judicial Assistant and Court Specialist and copy the opposing party.

Criminal emergency motions must be filed and all parties copied by 2:00 p.m. on the day before the requested hearing.

Civil motions may be filed in person at a Clerk of Courts Office or electronically through the Florida Courts e-filing portal.

All Florida Rule of Criminal Procedure 3.190 motions must be filed 10 days before trial.

To be placed on the Thursday 11:00 a.m. DV Bonds and Emergency Motion Calendar, email the motion to the listed Judicial Assistant, Court Specialist, and clerks by 2:00 p.m. the preceding day.

The court does not notice hearings; the moving party must confer with the opposing party and notice the hearing under the Rules of Judicial Administration.

Criminal motion-calendar hearings start at 9:30 a.m.

To request a date for a criminal emergency motion, email the motion to the Judicial Assistant, Court Specialist, and opposing attorney.

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