Bertila Soto — Circuit Probate PMH 03

Bertila Soto

• Division: Circuit Probate
• Section: PMH 03
• Court Location: Osvaldo N. Soto Miami-Dade Justice Center
• Phone: (305) 349-7086
• Room: OSJC 17.260
• Judicial Assistant: Maritza De Paul

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We have transitioned to Virtual Courtrooms to meet present needs.  Court hearings will take place by video using the Zoom platform or you may request an in-person hearing.  You will receive an email from the Court with the information needed to connect to the Zoom hearing or to appear in-person.

To participate by video, you must click on the weblink you received in the email invitation at the scheduled time for your hearing.  If you cannot, or do not wish to participate using the Zoom platform, you may call the phone number listed in the invitation to participate by phone.  You may familiarize yourself with the Zoom platform online.  There is no costs to you to download the platform if you choose to do so however you do not need to download anything or set up an account in order to participate in a zoom hearing.

Video appearances are required for any participant whose testimony is necessary so the judge can administer the oath.

If you would like to schedule an in-person hearing, please call chambers (305)349-7086 and the judicial assistant will help you schedule the hearing. 

REQUIRED CHECKLIST CERTIFICATION FORMS

As of September 1, 2020, filings of petitions with proposed orders in CourtMap must include established checklist certification forms as supporting documents with your submissions.   A list of existing checklists can be found on our circuit website in the Probate Corner, along with the corresponding Administrative Memorandum.  See https://www.jud11.flcourts.org/Probate-Checklists. This procedure has been enacted to prevent frequently defective submissions and the resulting repeated rejections which cause unnecessary labor by the court.

The checklist certification forms must be filed through the e-filing portal and also uploaded as a supporting document to the petition through CourtMap. Failure to include the checklist certification form will result in summary rejection of your submission. 

Please be aware that the checklist contains a certification of compliance which must be signed by the lawyer.  If you cannot certify compliance with the requirements listed on the checklist, set the matter for a special set hearing. Call chambers if you have any questions related to this matter. Read the certification carefully.  You will be held accountable under the law if the court finds that your certification was inaccurate.

Please remember that supporting documents must be uploaded to CourtMAP at least 5 days prior to hearing.  If supporting documents are not uploaded or hard copies not received within 5 days of the hearing, your hearing is subject to cancellation.  Please do not email your documents to the judicial assistant.  If you resolve your matter, please cancel the hearing in CourtMAP.  If you do not have access to CourtMAP, cancel the hearing by emailing Maritza De Paul, the judicial assistant at mpaul@jud11.flcourts.org

• Final Disposition Form
• Special Set Request Form
• Required Checklist Certification Form
• Order Granting Motion to Withdraw

• Bachelor of Science, Florida International University, 1986
• JD, University of Miami, 1989
• Admitted to Florida Bar, 1989
• County Court Judge, 1997
• Previous Division - County/Domestic Violence
• Osvaldo N. Soto and Associates, 1992-1996
• Assistant State Attorney, 1989-1992

Additional Instructions

-The Emergency Petition must be e-filed and appear on the Clerk of Court’s docket prior to uploading to courtMAP.  Your Petition/Motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar. 
-Emergency Petition/Motions MUST contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner. 
-DNR Petition/Motions need to be filed as an Emergency Hearing.
Once the Court reviews the emergency petition/motion, the parties will either receive an email with instructions, a Court Order, or a notice of hearing via courtMAP.

Below is the link to all the training videos for courtMAP:
https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtMAP/courtMAP-Video-Tutorials

Go to courtMAP Additional Instructions

Please email the Judicial Assistant at mpaul@jud11.flcourts.org to request a Trial Hearing.  Please allow 48 hours for response time.

Below is the link to all the training videos for courtMAP:
https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtMAP/courtMAP-Video-Tutorials

Go to courtMAP Additional Instructions

As of March 16, 2020, all proposed orders must be submitted via courtMap.
Supporting documents (i.e.: petitions, motions, checklist, affidavits, cover letters, etc.) must always be submitted in support of your proposed order. 
If you are submitting a proposed order after a hearing, you must submit a cover letter that includes the hearing details and the Court's oral ruling. 
When submitting your proposed order, the title of the order must be typed in the title box provided by courtMAP.

*NOTE: courtMAP automatically adds the case style, order title, judge's signature block and the “Done and Ordered” language to the order.  
*Do not submit proposed orders on matters that are contested and/or already set for hearing.

To check the status of a proposed order
Please log on to courtMAP and access the workbench folder.  A list of all pending, approved and rejected submissions appear in the workbench folder. 

Please note that if a case has been dismissed or closed due to inactivity, pleadings needed to administer the Estate must be filed contemporaneously with the filing of a Petition to Reopen the case.  

Below is the link to all the training videos for courtMAP: 
https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtMAP/courtMAP-Video-Tutorials

No walk in's motions/pleadings and proposed orders are allowed

Go to courtMAP Special Sets Information

Day	Time	Cap	From	To
Monday	9:30 AM	None	02/04/2019	Ongoing
Monday	2:00 PM	None	02/04/2019	Ongoing
Tuesday	2:00 PM	None	02/04/2019	Ongoing
Wednesday	2:00 PM	None	02/04/2019	Ongoing
Thursday	2:00 PM	None	02/04/2019	Ongoing
Friday	9:30 AM	None	02/04/2019	Ongoing

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Hearing Documents

• Special Set Hearing Form

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Additional Instructions

-The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMap. Please ensure that the Petition/Motion to be heard at the Special Appointment Hearing has been e-filed and appears on the Clerk of Court's docket. If you are placing a request for more than 1 slot on the calendar, it must be consecutive.

You may schedule your Special Set on courtMap if it is less than 1 hour. If you require more time, please send email to JA.

NOTE: Division 3 is experiencing the scheduling of a number of hearings involving multiple parties where all parties have not been consulted and agreed to a hearing date.  Therefore commencing immediately, attorneys are required to assert whether other parties are involved in their request for a hearing; whether the other party or parties have been consulted regarding scheduling the hearing; whether the other party or parties agree to the hearing date, and an affirmative confirmation from all parties regarding the scheduling of the hearing.  Any issue regarding the failure of parties to cooperate may be addressed by filing a pleading and requesting a status hearing.  If the parties cannot agree on the setting of a status hearing, the court will unilaterally set the status hearing. All hearing require a checklist.

-Specially set hearings are NOT scheduled until they are approved by the Court.  If the submission is rejected, the moving party will receive a rejection notice which will detail the reason for the rejection (this rejection will also appear in the submitter's workbench/rejected folder). Once the Court has approved the submission, the parties will receive an email from courtMAP indicating same.  A notice of hearing will be e-filed and served upon the parties via courtMap.  
-Submit Petitions/Motions, case law and Proposed Orders for review within 48 hours of setting hearing.  When submitting your proposed order, the title of the order must be typed in the title box provided by courtMAP,
-ADD-ON Petitions/Motions to special set hearings are not permitted without leave of Court.
If you are submitting a proposed order after a hearing, you must submit a cover letter that includes the hearing details and the Court's oral ruling. 

SPECIAL SET HEARINGS ARE LIMITED TO 55 MINUTES. 
-If you are attempting to schedule a hearing for more than 55 minutes, you must fill out the Special Set form (located in the “Documents” section), with two possible dates that all parities are available and email request to chambers at mpaul@jud11.flcourts.org  for approval.  Once approved, the JA will manually enter your approved hearing.

EVIDENTIARY HEARINGS:  You hearing will be confirmed via email by the Judicial Assistant.  All support documents need to be added to the scheduled hearing in courtmap 1 week prior to the hearing date and exhibits and/or evidence submission need to be arranged with the Clerk of Courts prior to hearing. 

SUBMITTING RESPONSIVE PLEADINGS: Parties wishing to submit a response to a matter set on the Special Appointment Calendar must e-file said Response with the Clerk of Court’s and submit the Response via CourtMAP under "Special Appointment" case number and hearing date, 10 days prior to the hearing date.  Due to COVID-19, If documents need to be sent to chambers, please coordinate with the Judicial Assistant 10 days prior to the hearing date by emailing mpaul@jud11.flcourts.org.

TO APPEAR TELEPHONICALLY: A Motion for Telephonic Appearance must be e-filed then submitted for the Court's approval via the proposed orders option on courtMap.  All Motions for Telephonic Appearance must indicate the reason why a telephonic hearing is needed and submitted 5 days prior to hearing date.

TO CONFIRM A SPECIAL SET HEARING: Moving parties may check the workbench/approved folder via courtMAP.  All parties may confirm hearings by inputting the case number under calendar, select events by case number, and clicking on the magnifying glass.  A list of all upcoming hearings on the case searched will appear.  Hearings that appear in green or "ready" are confirmed.  Hearings that appear in gray or "cancelled" are not set.   

SPECIAL SET HEARING CANCELLATIONS: If you need to cancel a special set hearing, Movant cancelling a hearing must e-file a Notice of Cancellation, cancel the hearing on courtMAP and email chambers at mpaul@jud11.flcourts.org to inform the court of cancellation.

IN-PERSON HEARINGS: If you would like to schedule an in-person hearing, please call chambers (305)349-7086 and the judicial assistant will help you schedule the hearing. 

Below is the link to all the training videos for courtMAP:
https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtMAP/courtMAP-Video-Tutorials

Go to courtMAP

Documents and forms this judge posts

• Final Disposition Form
• Special Set Request Form
• Required Checklist Certification Form
• Order Granting Motion to Withdraw
• Special Set Hearing Form