Judge Diana Gonzalez-Whyte
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Filings > 20 pages
- 1 copy • Chambers Drop Off • No Sooner Than 7 Days Before Hearing
Motion
- Within 7 Days Before Hearing
Adjournments
- Hearings must be cancelled at least two business days in advance, otherwise the parties must appear in court.
Communication
Phone
Chambers
Fax
Chambers
Chambers
Document Format Requirements4 rules
All proposed orders must be submitted via eCourtesy in Microsoft Word format.
- File type
- Word
- Proposed order
All agreed orders must be submitted via eCourtesy in Microsoft Word format.
- File type
- Word
- Agreed order
Orders must be in Word.
- File type
- Word
- Order
Documents uploaded to CourtMap must be named using the four-digit year-hyphen-sequential case number format and include the motion title with party name.
Court's wording
All documents upload to courtMAP must be properly formatted, must include with the court case number and the name/type of documents using the following format: - Four-digit year followed by a hyphen with the sequential case number (e.g., 2009-01; 1991-12; 2008-123; 2007-1234; or 2009-12345) - Motion Title with Party Name. Note: It is important to include the party name in order to easily locate the document digitally.
Document Filing Requirements25 rules
Each party shall bring to the Calendar Call a hard copy of the following: All Motions in Limine; The Joint Pretrial Stipulations; The Joint Pretrial Catalog; and Proposed Jury Instructions.
ADD-ONS: No add-ons are permitted without prior consent of the Judge. Submit a letter with the Motion for approval through CourtMap
CourtMap submissions: must include motions and any necessary affidavits including proof of service if you are asking for a Final Judgment.
All Motions MUST be filed with the Clerk of Court prior to requesting a Special Set Hearing.
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
Only the attorneys who will personally try the case are permitted to appear. Coverage counsel may not appear on behalf of any party.
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.
For the Motion Calendar, the notice of hearing and motion must be filed with the Clerk, only one motion is allowed, and the notice must specify the coordinated party and motion details.
Court's wording
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).
Attorneys are required to meet and confer prior to the Calendar Call. All Calendar Calls shall be conducted in person.
To waive presence at the pre-trial hearing the parties must file a paper copy of the Stipulation/Waiver of Pre-Trial Hearing, Order Invoking the Rules of Civil Procedure.
Stipulation and proposed order filed through CourtMap, must be filed at least five (5) business days prior to the hearing or the attorneys must appear in court with paper copies.
- Document
- Stipulation waiver pretrial hearing
Must include
- •Proposed order
Parties must use the court's forms which are available on the website or by contacting the J.A.
A Notice of Hearing must be prepared and e-Filed through the State e-Filing Portal for each motion scheduled and must include the ZOOM hearing information if necessary.
Every party scheduling a uniform motion calendar hearing must include the specified good faith certification in the body of the notice of hearing.
- Document
- Notice of hearing
- Placement
- Body of the document
Must include
- •Certificate of conference
Court's wording
To comply with the above good faith certification, every party scheduling a motion for a uniform motion calendar hearing shall execute the following certification must be included in the body of the notice of hearing: ### I hereby certify that: 1. the movant has conferred regarding scheduling the date of the motion with all parties; 2. the movant has already/will confer with opposing party regarding the relief request; and 3. the issues can be resolved on the court's motion calendar.
**Motions and any required affidavits must be submitted; filing an order without a motion in most cases will result in a rejection.**
FEES:** To set a hearing on a motion for attorney's fees the moving party must have a signed Judgment, Order of Dismissal of All Issues Based on Confession of Judgment Reserving the Right to Enforcement of Confession and to Seek Attorney's Fees and Costs, Stipulation of Settlement and the Order of Dismissal Reserving the Right to Enforcement of Settlement and to Seek Attorney Fees and Costs, and/or Order Granting Entitlement to Attorney's Fees and Costs as well as a signed **PRELIMINARY ORDER REGARDING HEARING ON MOTION TO TAX COSTS AND AWARD ATTORNEY'S FEES, (PRE-FEE
Counsel shall immediately notify this Court in the event of settlement and submit a Stipulation of Settlement and Order of Dismissal.
The evidence must be filed in accordance with the directions above or the hearing will be canceled without exception.
PLEASE NOTE THAT WHEN SUBMITTING REQUESTS THROUGH COURTMAP, YOUR NOTICE OF APPEARANCE MUST BE CURRENT WITH THE CLERK OF COURT'S OFFICE IN ORDER TO VIEW THE CASE AND TO RECEIVE COURTMAP COMMUNICATION.
Substitution of counsel requires the client's written consent and new counsel's certification; the certification must not be included in the proposed order.
Court's wording
**REQUESTS FOR SUBSTITUTION OF COUNSEL:** Judge D.G.W. will not grant a substitution of counsel unless the client's written consent is obtained, and new counsel certifies, "I have reviewed the court docket in this file and have spoken with all counsel of record. I am aware of all pending hearings, depositions and other deadlines that are set in this case." The certification does NOT go in the proposed order.
**EX-PARTE MOTIONS TO COMPEL:** Ex-parte Motions to Compel must comply with the *Florida Rule of Civil Procedure*, Rules 1.380(a) and 1.090(d), as well as the *Eleventh Circuit Administrative Order No. 06-09*.
The moving party must bring a prepared copy of the court's order of final judgment awarding fees and costs (see order online). Any fee hearing that does not comply with the PRE-FEE ORDER may be cancelled.
Attorney's fees are only granted by statute or by contract. The party moving for attorney's fees must state the basis for their entitlement in the motion and attach any supporting documentation.
The parties must mark their exhibits "for identification only" as plaintiff's 1,2,3, etc. And defendant's A, B, C, etc.
Do not include a notice of filing.
Filing & Service rules
Electronic Filing Rules
Emergency motions must be e-filed with the Clerk's Office and submitted via CourtMAP.
Emergency Motions MUST BE filed with the Clerk's Office. This Section is now using courtMAP. **PLEASE SUBMIT ALL EMERGENCY MOTIONS VIA COURTMAP
Civil cases
Page 1 | COUNTY CIVIL CASES
Responses to motions on the Motion Calendar must be filed with the Clerk and submitted via CourtMAP 'Motion Calendar' before 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.
Civil cases
Page 1 | Motion Calendar Procedures
Each scheduled motion requires a Notice of Hearing that must be e-filed through the State e-Filing Portal.
A Notice of Hearing must be prepared and e-Filed through the State e-Filing Portal for each motion scheduled and must include the ZOOM hearing information if necessary.
Page 3 | REQUIREMENTS FOR SETTING HEARINGS
The clerk cannot mark documents into evidence if they are only filed in court map; they must be e-filed through the portal.
Please note: The clerk will not be able to mark any documents into evidence if they are only filed in court map.
Page 8 | ORDER TO SUBMIT EVIDENCE AT LEAST FIVE DAYS PRIOR TO THE HEARINGS
Parties must upload evidence through the e-filing portal by searching for 'evidence' or 'evidentiary hearing' and selecting the 'evidentiary hearings' section under 'exhibits and transcripts'.
Step 1: the parties must go to the e-filing portal. Step 2: type in "evidence" or "evidentiary hearing" in the search bar. Step 3: the heading "exhibits and transcripts" will appear. Step 4: under "exhibits and transcripts" choose the "evidentiary hearings" section. Step 5: upload each exhibit.
Page 8 | ORDER TO SUBMIT EVIDENCE AT LEAST FIVE DAYS PRIOR TO THE HEARINGS
eFiling is the method for submitting documents to the Clerk and provides eService to parties with email addresses.
Be aware that eFiling is utilized to submit documents to The Clerk of Courts and provides electronic notifications and eService to the parties that have a listed email address.
Page 1 | STANDING ORDER SETTING FORTH JUDGE DIANA GONZALEZ-WHYTE'S PROCEDURES
Orders filed through CourtMap must be placed in the correct folder (Proposed Orders, Agreed Orders, or Emergencies).
The party filing orders for the Court's consideration through courtMap must file in the correct folder, (Proposed Orders, Agreed Orders, or Emergencies).
Page 6 | COURTMAP FILINGS
Filing Timing and Cure Windows
For non-jury trials, all evidence must be submitted via the clerk's e-filing Evidence submission button at least 7 days in advance.
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.
Civil cases
Page 1 | COUNTY CIVIL CASES
Evidence for evidentiary matters, non-jury trials, and claims of exemption must be e-filed at least 7 days before the hearing.
PLEASE MAKE SURE ALL EVIDENCE ARE E-FILED AT LEAST 7 DAYS PRIOR TO THE HEARING WITH THE CLERK OF COURTS
Civil cases
Page 1 | COUNTY CIVIL CASES
Submission of Evidence: All evidence must be submitted at least 5 days prior to any hearing.
Submission of Evidence: All evidence must be submitted at least 5 days prior to any hearing.
Civil cases
Page 1 | Motion Calendar Procedures
Stipulation and proposed order must be filed via CourtMap at least five business days before the hearing, or attorneys must appear in court with paper copies.
Stipulation and proposed order filed through CourtMap, must be filed at least five (5) business days prior to the hearing or the attorneys must appear in court with paper copies.
Page 2 | STIPULATION WAIVER OF PRE-TRIAL HEARING AND ORDER INVOKING THE RULES OF CIVIL PROCEDURE (O.I.R.)
Motions must be set for hearing within 30 days of filing, or they may be deemed abandoned or waived.
All motions must be set in a timely manner. Motions filed must be set within 30 days of being filed. If a motion is parked in the docket without being set it may be deemed abandoned or waived. It is the filing party's obligation to set their motion.
Page 2 | REQUIREMENTS FOR SETTING HEARINGS
Paper copies of stipulation and proposed order may be brought to chambers at least two business days before the hearing, or attorneys must appear with paper copies.
Paper copies of the stipulation and proposed orders may also be brought to the court's chambers located at the Dade County Courthouse 73 West Flagler Street Miami, FL 33130, at least (2) business days prior to the hearing or the attorneys must appear in court with paper copies.
Page 2 | STIPULATION WAIVER OF PRE-TRIAL HEARING AND ORDER INVOKING THE RULES OF CIVIL PROCEDURE (O.I.R.)
All orders, motions, and stipulations must be filed timely; filing through CourtMap the day/night before a hearing is not acceptable and the party must appear at the hearing.
You must timely file all orders, motions, and stipulations. **Filing through CourtMap the day/night before a hearing is not acceptable; you must attend the hearing.**
Page 6 | COURTMAP FILINGS
Summary judgment motions must be set for hearing in a reasonable time, or the court may deem them waived.
Should be set for hearing in a reasonable time. Failing to set a Motion for Summary Judgment after it has been filed may cause the court to deem it waived. Waiting until the case is set for trial is not acceptable. Parties must diligently move their cases towards resolution.
Page 7 | MOTIONS FOR SUMMARY JUDGMENT
The prevailing party must file its motion for Entitlement to Attorney's Fees and Costs within 30 days of settlement if entitlement was not stipulated.
The prevailing party shall file its motion for Entitlement to Attorney's Fees and Costs within 30 days of the settlement if entitlement has not been stipulated to.
Page 7 | SETTLEMENT
The prevailing party must request a hearing date on the attorney's fees motion within 30 days of the dismissal order, or risk waiver.
The prevailing party shall request a hearing date from the court on a Motion as to Entitlement of Attorney's fees and Costs within thirty (30) days of the order dismissing the case. Neglecting to request a hearing date in a timely fashion may constitute a waiver as to attorney's fees.
Page 7 | SETTLEMENT
Parties must comply with the Evidence Submission Procedure no less than 5 days before an evidentiary hearing or trial; this deadline supersedes shorter deadlines.
The parties are hereby ordered to comply with the Miami-Dade Clerk of the Court's Evidence Submission Procedure no less than FIVE (5) days prior to the evidentiary hearing. This order supersedes any other deadlines for submission of evidence that is shorter than the deadline set in this order. To ensure that documents will be processed timely, all proposed evidence must be uploaded as explained below at least five (5) days before an evidentiary hearing or trial.
Page 8 | ORDER TO SUBMIT EVIDENCE AT LEAST FIVE DAYS PRIOR TO THE HEARINGS
Proposals for settlement may be unilaterally set with 7 days' notice to the opposing party.
Proposal for Settlements: These motions may be unilaterally set so long as the opposing party is given 7 days’ notice.
Civil cases
Page 1 | Motion Calendar Procedures
Service and Proof of Service Rules
The moving party must send the other party a notice of hearing specifying that it is a unilateral setting and should bring proof to court that they made good faith attempts to coordinate the hearing prior to unilaterally setting it.
The moving party must send the other party a notice of hearing specifying that it is a unilateral setting and should bring proof to court that they made good faith attempts to coordinate the hearing prior to unilaterally setting it.
Page 5 | SETTING SPECIAL SET HEARINGS
eFiling provides electronic service and notifications to parties with a listed email address.
Be aware that eFiling is utilized to submit documents to The Clerk of Courts and provides electronic notifications and eService to the parties that have a listed email address.
Page 1 | STANDING ORDER SETTING FORTH JUDGE DIANA GONZALEZ-WHYTE'S PROCEDURES
Courtesy Copy Requirements
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.
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.
Civil cases
Page 1 | Motion Calendar Procedures
Courtesy copies including supporting documents must be submitted under the 'Motion Calendar' tab at least 7 days before the hearing or the matter will not be heard.
(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.
Civil cases
Page 1 | Motion Calendar Procedures
To alert the judge to a filing, a courtesy copy must be sent to the court via CourtMap, mail, or chamber drop-off.
If you want the judge to know that you have filed something you must send a ===== PAGE 2 ===== courtesy copy to the court either through CourtMap, US Mail, or by dropping it off
Page 2 | STANDING ORDER SETTING FORTH JUDGE DIANA GONZALEZ-WHYTE'S PROCEDURES
Filing Bundling Requirements
Multiple motions may not be piggybacked; each motion must be set individually.
You cannot “piggy back” multiple motions you must set each motion individually for a specific time period.
Civil cases
Page 1 | MOTION CALENDAR A.K.A FIVE-MINUTE MOTIONS
Orders must be submitted separately from any other material, including motions.
Submit orders separate and apart from any other material including motions.
Page 6 | COURTMAP FILINGS
When submitting a proposed order, the e-filed motion and its supporting documents must also be submitted.
When submitting a proposed order, the e-Filed motion with supporting documents (e.g., pleadings, affidavits, exhibits, submitted case law), and other hearing specific documents must also be submitted.
Page 6 | COURTMAP FILINGS
Binders are no longer required; all arguments and supporting documents must be included in the filed motion.
BINDERS ARE NO LONGER REQUIRED. PLEASE SUBMIT ALL ARGUMENTS AND SUPPORTING DOCUMENTS IN THE FILED MOTION.
Civil cases
Page 1 | COUNTY CIVIL CASES
The court prefers supporting documentation to be submitted in the same document as the motion for efficiency.
For purposes of efficiency the court prefers ===== PAGE 6 ===== that the supporting documentation be submitted in the same document as the motion so that the court does not have to open multiple attachments and go back and forth through
Page 6 | COURTMAP FILINGS
Pre-Motion Conference Requirements
Motions for rehearing/reconsideration must be set on the special set calendar for at least 30 minutes.
Motions for Rehearing/Reconsideration MUST be set on the special set calendar for no less than 30 minutes.
Civil cases
Page 1 | Motion Calendar Procedures
Motions for summary judgment must be set for no less than 30 minutes starting January 1, 2026.
BEGINING JANUARY 1ST, 2026 ALL MOTIONS FOR SUMMARY JUDGMENT ARE NO LESS THAN 30 MINUTES.
Civil cases
Page 1 | IMPORTANT COURT INFORMATION
The five-minute motion calendar excludes motions to dismiss, quash service, fee hearings, summary judgment, protective order, rent determination, evidentiary hearings, motions in limine, sanctions, and any motion over five minutes.
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.
Civil cases
Page 1 | MOTION CALENDAR A.K.A FIVE-MINUTE MOTIONS
Before setting a motion hearing, parties must make good faith efforts to resolve issues, coordinate date and time, and confirm the hearing requires no more than five minutes.
The parties must use good faith efforts to resolve the issues set forth in the motion prior to the setting of a motion, coordinate the date and time of the hearing; and confirm that the hearing shall require no more than five minutes.
Page 3 | Meet and Confer
Judge will not authorize hearings on motions to compel deposition dates; if opposing counsel fails to provide reasonable dates within five business days and after two coordination attempts, the moving party may unilaterally set the deposition, shifting the burden to the opposing party to seek a protective order.
Judge D.G.W., will not authorize hearings to be set for “motions to compel deposition dates.” If the opposing party does not provide reasonable dates within five business days of the request and two attempts (not less than 48 hours apart) to coordinate, you may unilaterally set the deposition. The burden will then be on the opposing party to move for protective order and explain why no dates were provided.
Page 5 | MOTION TO COMPEL DEPOSITIONS
A party may unilaterally set a hearing after making two attempts on separate days within the same work week (at least 48 hours apart) to reach opposing counsel or obtain agreement on a hearing date.
Unilaterally Setting is permitted if after two attempts on separate days within one work week (Monday through Friday of the same calendar week not less than 48 hours apart) opposing counsel cannot be reached or is unwilling to set a hearing date.
Page 5 | SETTING SPECIAL SET HEARINGS
Adjournment & Extension Requirements
Motions to continue trial are not heard on the Motion Calendar and must be addressed at Calendar Call.
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.
Civil cases
Page 1 | Motion Calendar Procedures
Hearings must be cancelled at least two business days in advance, otherwise the parties must appear in court.
**CANCELLATION OF HEARINGS:** Hearings must be cancelled no less than two (2) business days in advance of the hearing or the parties must come to court.
Page 6 | CANCELLATION OF HEARINGS
Motions for extension of time must be filed before the deadline and placed on calendar promptly; filing does not automatically extend time and the motion must be set for hearing.
**MOTIONS FOR EXTENSION OF TIME:** Motions for Extension of Time must be filed before the time expires and must be placed on calendar promptly. The filing of a Motion for Extension of Time in and of itself does not extend time, it must be set for hearing.
Page 6 | MOTIONS FOR EXTENSION OF TIME
Chambers Communication Rules
Cancellations of Motion Calendar matters require a Notice of Cancellation filed with the Clerk and faxed to the JA at 305-349-7627.
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.
Civil cases
Page 1 | Motion Calendar Procedures
Only the moving party may cancel a special set hearing; must file a Notice of Cancellation with the Clerk, fax it to chambers, and call chambers to confirm.
CANCELLATIONS: Only the moving party can cancel the Special Set Hearing. Please file a Notice of Cancellation with the Clerk of Court and fax a copy to chambers to 305-349-7627 Please be sure to call Chambers to confirm the hearing has been cancelled.
Civil cases
Page 1 | SPECIAL SET HEARING PROCEDURES
If no CourtMap dates exist for a hearing within 10 to 60 days, both parties must call the JA Monday or Tuesday between 9:30 AM and 12:00 PM.
IF YOU NEED TO SET A HEARING WITHIN 10 TO 60 DAYS, AND THERE ARE NO AVAILABLE DATES IN COURTMAP, BOTH PARTIES NEED TO CALL THE JA, MONDAY OR TUESDAY 9:30 AM TO 12:00 PM TO COORDINATE THE HEARING
Civil cases
Page 1 | IMPORTANT COURT INFORMATION
After filing a claim of exemption, a party must call chambers to confirm receipt and schedule a hearing.
IF YOU HAVE FILED A CLAIM OF EXEMPTION CALL CHAMBERS TO CONFIRM RECEIPT AND TO SCHEDULE A HEARING
Civil cases
Page 1 | COUNTY CIVIL CASES
Motions must be set for hearing either through CourtMap or by directly contacting the court.
You must set your motions for hearing either through CourtMap or by directly contacting the court.
Page 2 | STANDING ORDER SETTING FORTH JUDGE DIANA GONZALEZ-WHYTE'S PROCEDURES
Zoom mediation may be self-scheduled in CourtMap on Tuesdays only; in-person mediation requires a call to chambers.
YOU CAN SET ZOOM MEDIATION IN COURTMAP ON TUESDAYS ONLY. IF YOU NEED AN IN-PERSON MEDIATION PLEASE CALL CHAMBERS.
Civil cases
Page 1 | IMPORTANT COURT INFORMATION
Alternate Judges may only be contacted in case of an emergency.
Please contact our Alternate Judges only in case of an emergency.
Civil cases
Page 1 | IMPORTANT COURT INFORMATION
Call the judicial assistant to verify that a motion qualifies for the five-minute motion calendar; non-qualifying motions may be cancelled.
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.
Page 5 | FIVE MINUTE MOTIONS
The filing party must follow up on unsigned orders; if properly submitted and not rejected, bring it to the court's attention by emailing or calling the judicial assistant.
It is the filing party's responsibility to follow up on any unsigned orders. If an order has been submitted for the Court's consideration and has not been ruled on, the submitting party should first check to see if the order was rejected or submitted in the wrong folder. If the order was properly submitted and has not been rejected, then be sure to bring it to the court's attention by either emailing the judicial assistant or calling.
Page 6 | COURTMAP FILINGS
Counsel must notify the Court of any pending hearings cancelled due to settlement.
Counsel shall also notify the Court of any pending hearings that will be cancelled because of the settlement.
Page 7 | SETTLEMENT
Self-represented litigants may contact the judicial assistant to schedule hearings.
Self-represented litigants may contact the judicial assistant to set hearings.
Page 4 | SETTING SPECIAL SET HEARINGS
Contact the clerk's office for updates and clarification, or view e-filing procedures online.
For updates and clarification contact the clerk's officer or view the procedures for filing which can be found at https://www.miami-dadeclerk.com/clerk/e-filing page and the assigned judge's webpage.
Page 9 | PAGE 9