Carroll J. Kelly — County Domestic Violence M 89

Carroll J. Kelly

• Division: County Domestic Violence
• Section: M 89
• Court Location: Lawson E. Thomas Courthouse
• Phone: (305) 349-5703
• Room: CHC 1650
• Judicial Assistant: Emily Rosenstein

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JUDGE CARROLL KELLY

• 175 NW 1^st Avenue, Miami, FL 33128
• Judicial Assistant: Emily Rosenstein, erosenstein@jud11.flcourts.org
• Court Specialist: Jessica Gallucci,  jgallucci@jud11.flcourts.org
• Office phone: (305-349-5703)

CONTACT: You can reach someone in the Domestic Violence unit at:

(305-349-5556), 175 NW 1 Avenue, Mezzanine, Miami, FL 33128

CRIMINAL DIVISION 89:

ZOOM Meeting ID is: 925 8335 4538 for criminal division 89

M89 CRIMINAL CASES –(Generally conducted Monday – Wednesday)

EMERGENCY MOTIONS –All motions must be filed and all parties copied by 2:00 pm the day before the hearing is requested. The Judicial Assistant and Court Specialist and the State Attorney’s or Public Defender’s office should all be included in the email. Matters must be an emergency. You must arrive or log on by 9:30 for all motions.

MONDAYS – Sounding calendar takes place in-person and on zoom in courtroom 2-A at 9:30 am.  If a defendant is represented by counsel, the defendant is not required to be present at sounding calendar. If counsel is arguing a substantive motion at the sounding calendar, then the defendant must also be present. 

TUESDAYS – Trial calendar is IN-PERSON at 9:00 am in courtroom 2-B. Defendants and counsel are required to appear. Failure of the defendant to appear will result in an arrest warrant. If you have a motion scheduled you must be on by 9:00 am. 

WEDNESDAYS – Arraignment calendar takes place in-person and on zoom in courtroom 2-C at 9:30 am. If written pleadings are filed by counsel and comply with Fla. R. of Crim. Pro. 3.160, the defendant and counsel are excused from appearing at arraignment calendar. If a defendant wishes to have the public defender appointed to represent him/her, the defendant must appear in person and complete a financial affidavit.  

MOTION CALENDAR -  You must email the motion to the Judicial Assistant, the Court Specialist and the opposing attorney to request a date. 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.  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). If logging in, you must be on by 9:30 am.

PLEAS – Pleas are conducted IN-PERSON.  A defendant wishing to accept pretrial diversion (PTD) may appear on zoom, only if all paperwork has been signed and sent to the State Attorney by 2:00 pm the day prior to the plea.

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

NOTICES OF EXPIRATION must be copied to both the Judicial Assistant and Court Specialist, regardless of e-filing.

PLEASE KEEP IN MIND –
If a defendant is required to appear in-person, counsel must also appear in-person.

If you are seeking to modify the conditions of release and the defendant is out on bond, a bondsman must be present at the hearing or a written acceptance to remain on the case if the motion is granted must be submitted. The State must be given reasonable time to notify the alleged victim of the hearing.

If you are seeking to modify a stay away order, the defendant and the person which the stay away order protects (and/or their guardian) must be present and appear via zoom or in person.

If you are logging in, you must be present by 9:30.

IF YOU ARE THE LISTED VICTIM ON A CRIMINAL CASE AND WISH TO HAVE CONTACT WITH THE DEFENDANT PLEASE CONTACT THE STATE ATTORNEY’S OFFICE AT (305) 349-5830.  

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. 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.  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.  

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). The clerks must bring the files in order for the Judge to be able to hear your case and the Judge must approve your motion. If your motion is evidentiary, not agreed upon, or not an emergency, it must be heard in division.

CIVIL DIVISION 57:

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. To access the e-portal visit: https://www.myflcourtaccess.com/authority/.  You will need your case number. For additional instructions and video tutorials please visit: https://www.jud11.flcourts.org/Florida-Courts-eFiling-Portal.

EVIDENCE – Parties may submit evidence by emailing attachments to DV57@jud11.flcourts.org or to the Judicial Assistant. You will be able to share your own screen. Please note the Judge does not review any evidence until the final hearing. Also, please note that not all videos transfer correctly and that the court is not able to open google links, Tik Tok or WhatsApp. If you want to show these, you will be asked to share your own screen.

It is each party’s responsibility to present evidence to the court.  The court is not allowed to look for evidence, request it from the police, or look at evidence outside the presence of the parties.

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. 

RESPONDENT FIREARM AFFIDAVIT - If you are a respondent and were served with a temporary or final injunction, you must fill out a Firearm Affidavit form.  A copy of the form is located in the documents tab.  Please email the completed form to the jgallucci@jud11.flcourts.org.  Please also include your case number and your name in the subject line of the email.

ZOOM – You may be required to attend your hearing via a virtual Zoom courtroom. To access Zoom, you will need a smartphone or computer/laptop with video capability AND you must download the free Zoom app. Once downloaded, open the app and input the hearing Zoom ID number.

For all Zoom hearings, video and audio appearance are required for all participants unless otherwise indicated by the Judge. Please be seated and in a location where there is enough light to see you. Test all equipment prior to the hearing.

INTERPRETATION – If you need interpretation services, familiarize yourself with the process to join interpretation as a participant on zoom services. This YouTube link may assist: https://www.youtube.com/watch?v=eMFWg7YGGdI

Participants must have a photo ID to show at check-in. Please log on 10-15 minutes prior to your hearing time and make sure your device is fully charged. It is your responsibility to provide the Zoom information to any witnesses that you want to testify in your case. Also, you must be alone during the entire hearing or with your attorney.

Minors may NOT appear at any hearing without the Judge's permission. 

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.

Additional services for victims of Domestic Violence: 
**Dade County Legal Aid: https://www.dadelegalaid.org
**Coordinated Victims Assistance Center (CVAC): (305-285-5900)
**Survivor’s Pathway, (305-275-4364) survivorspathway.org
**Family Self Help Desk: https://www.jud11.flcourts.org/Family-Court-Self-Help-Program (provides assistance to file a divorce or paternity action)

• Zoom instructions for Litigants
• CVAC Services
• Survivor Pathway English
• Survivor Pathway Spanish
• DV Victim Assistance
• Locations for Domestic Violence In Person Filing
• Firearms Affidavit

• Bachelor of Arts, St. Lawrence University, 1984
• Honors - Dean's List, New York State Regents Scholar
• JD, University of Miami, 1989
• Honors - Iron Arrow, Bar & Gavel, Roger Sorino Award, PAD Scholarship, President of the Student Bar Association, Marshall Award, Student Bar Association Award, Florida Association for Women Lawyers Scholarship
• Admitted to Florida Bar, 1989
• County Court Judge, 1998
• Previous Division - Criminal
• Fine, Jacobson, Schwartz, Nash, Block & England
• Floyd, Pearson, Richman, Greer, Weil, Brumbaugh & Mirabito

*CONTACT: You can reach someone in the Domestic Violence unit at: (305-349-5556).

MOTIONS: If you need to file a motion you may file it in person at your nearest Clerk of Courts Office or you may eFile your motion via the Florida Courts e-filing portal. To access the e-portal visit https://www.myflcourtaccess.com/authority/.  You will need your case number. For additional instructions and video tutorials please visit https://www.jud11.flcourts.org/Florida-Courts-eFiling-Portal.

EVIDENCE: Parties may submit evidence by emailing attachments to DV57@jud11.flcourts.org or to the Judicial Assistant. You will be able to share your own screen. Please note the Judge does not review any evidence until the final hearing. Also, please note that not all videos transfer and that we are unable to open google links, Tik Tok or WhatsApp. If you want to show these, you will be allowed to share your own screen.

DV BONDS & EMERGENCY MOTIONS are held at 11:00 daily via zoom. To get onto Judge Kelly's DV Bonds / ER Motion Calendar, you must email your motion 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). The clerks must bring the files in order for the Judge to be able to hear your case and the Judge must approve your motion. If your motion is evidentiary or not agreed upon, it must be heard in division.

ZOOM: You may be required to attend your hearing via a virtual Zoom courtroom. To access Zoom, you will need a smartphone or computer/laptop with video capability AND you must download the free Zoom app. Once downloaded, open the app and input the hearing Zoom ID number.

For all Zoom hearings, video and audio appearance are required for all participants unless otherwise indicated by the Judge.

Participants must have a photo ID to show at check-in.   Please log on 10-15 minutes prior to your hearing time and make sure your device is fully charged. It is your responsibility to provide the Zoom information to any witnesses that you want to testify in your case.   Also, you must be alone in a room during the entire hearing or with your attorney.

Minors may NOT appear at any hearing without the Judge's permission. 

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

Judicial Assistant: erosenstein@jud11.flcourts.org, (305-349-5703)

Additional services for victims of Domestic Violence: 
**Dade County Legal Aid: https://www.dadelegalaid.org
**Coordinated Victims Assistance Center (CVAC): (305-285-5900)
**Survivor’s Pathway, (305-275-4364) survivorspathway.org
**Family Self Help Desk: https://www.jud11.flcourts.org/Family-Court-Self-Help-Program (provides assistance to file a divorce or paternity action)

Documents and forms this judge posts

• Zoom instructions for Litigants
• CVAC Services
• Survivor Pathway English
• Survivor Pathway Spanish
• DV Victim Assistance
• Locations for Domestic Violence In Person Filing
• Firearms Affidavit