Judge Christopher Benjamin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Before Hearing
Adjournments
- A special set hearing may not be canceled without court leave unless the motion issues are fully resolved or the case has settled; file the cancellation notice seven days before the hearing.
Communication
Chambers
Phone
Chambers
Document Format Requirements1 rule
Proposed orders must use paragraphs and must not use numbering, lettering, bullets, all caps, bold, or underlining; formatting errors may result in rejection.
- Proposed order
Formatting
- •Do not use bullets, ALL CAPS, bolding, or underlining
- •Review margins, font sizing, and alignment before submission
Court's wording
Proposed orders must be written in paragraphs without numbering or lettering [orders are not pleadings], no bulleting, no ALL CAPS, no Bolding and no Underlining. Please review the order formatting before submitting [use the review button - check for margin errors, proper font sizing and alignment]. Failure to properly format orders will result in rejection.
Document Filing Requirements7 rules
Motions accompanying an Agreed Order must contain a certificate of conferral stating there is an agreement or provide proof of agreement from opposing counsel [i.e., an email or letter]. Failure to provide conferral or proof of agreement will result in rejection. Unsuccessful conferral is not an agreement [set the matter for hearing].
- Document
- Motion
Must include
- •Certificate of conference
The Setting Party must file their Notice of Hearing.
The moving party MUST coordinate date & time with opposing party. You MUST attach your supporting documents (filed motion, etc.) when creating the event (setting the hearing) on CourtMap.
The movant MUST e-file the notice of hearing. Please indicate the name of the person the hearing was coordinated with and the date motion was e-filed.
Proposed orders must include individually submitted, e-filed supporting documents, including the motion and applicable affidavits and exhibits.
Court's wording
Proposed orders must be accompanied by e-filed motion, affidavits and exhibits [if applicable]. Supporting documents must be e-filed versions and submitted individually. Failure to submit appropriate supporting documents will result in rejection.
Motion calendar hearings are limited to 5 minutes per case; the Court will hear no more than two motions per case during motion calendar.
Orders after hearings shall be accompanied by a cover letter summarizing the hearing results [or a copy of the Court's Memorandum of Disposition].
Filing & Service rules
Electronic Filing Rules
Emergency motions must be filed with the Clerk’s Office.
Emergency Motions MUST BE filed with the Clerk’s Office.
Page 1
E-filing with the Clerk does not set a matter on the motion calendar; CourtMAP is used to submit courtesy copies to chambers.
Please Remember E-Filing: E-filing is not the same as courtMAP. Matters that are only e-filed WILL NOT automatically upload to the Judge’s Motion Calendar. E-filing is for documents to be filed with the Clerk's Office electronically. CourtMAP is used to submit courtesy copies to chambers electronically.
Page 1
Filing Timing and Cure Windows
Motion calendar hearings require five business days’ notice.
Notice Before Hearing: 5 Business Days
Page 1 | Motion Calendar Information
Only the party who scheduled a motion calendar hearing may cancel it, by e-filing a notice of cancellation and canceling on CourtMAP five days before the hearing.
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 five (5) days prior to the scheduled hearing.
Page 1 | CANCELLATIONS
Submit orders within 15 days after a hearing, except orders for default, default final judgment, and summary judgment, which are due within 30 days.
Orders shall be submitted within fifteen (15) days after hearings. Orders for default, default final judgment and summary judgment shall be submitted within thirty (30) days after the hearing.
Page 1 | IF YOU ARE AN ATTORNEY
After unsuccessful conferral, the movant may unilaterally set the motion with at least 30 days’ notice, and the motion must still be timely filed.
Unsuccessful attempts to confer are not a basis for unreasonable delay; therefore, upon unsuccessful conferral, movant may unilaterally set motions with at least thirty (30) day notice [the subject motion must still be timely filed regardless of conferral status].
Page 1 | IF YOU ARE AN ATTORNEY
If a proposed notice is rejected, the parties will receive a message stating the reason.
If the proposed notice is rejected, the parties will receive a message along with the reason for the rejection.
Page 1 | SPECIAL SET HEARING PROCEDURES
Courtesy Copy Requirements
Submit courtesy copies of the motion, referenced exhibits, and relevant legal authority through CourtMAP seven business days before a special set hearing.
Please provide courtesy copies of the motion, all referenced exhibits, and any relevant legal authority seven (7) business days before the special set hearing through CourtMap.
Page 1 | SPECIAL SET HEARING PROCEDURES
Adjournment & Extension Requirements
A special set hearing may not be canceled without court leave unless the motion issues are fully resolved or the case has settled; file the cancellation notice seven days before the hearing.
Special Set hearings shall not be canceled without leave of court, unless all issues framed by the motion(s) have been fully resolved or the case has settled. Please file your Notice of Cancellation seven (7) days prior to the scheduled hearing.
Page 1 | CANCELLATIONS
An attorney seeking a continuance must file a motion for continuance.
The attorney who wants a continuance must move for a continuance.
Page 1 | IF YOU ARE AN ATTORNEY
Chambers Communication Rules
If the parties reach an agreement before the hearing, upload the agreed order to CourtMAP and email chambers with all parties copied.
If the parties reach an agreement prior to the hearing, you may upload an agreed order for the motion on CourtMAP. You must notify chambers through e-mail with all parties copied. Send e-mails to sgutierrez@jud11.flcourts.org.
Page 1 | CANCELLATIONS
After submitting an emergency motion through CourtMAP, call chambers to notify the Judicial Assistant.
Please contact Chambers at (305) 354-8722 after submitting your Emergency Motion via CourtMap to inform the Judicial Assistant that said motion has been filed.
Page 1
Do not email the judge directly; call the office instead.
TO ALL PARTIES: PLEASE DO NOT E-MAIL THE JUDGE DIRECTLY ON ANY CASE(S), INSTEAD, PLEASE CALL THE OFFICE.
Page 1