Marcia Del Rey — Circuit Family FC 29

Marcia Del Rey

• Division: Circuit Family
• Section: FC 29
• Court Location: Lawson E. Thomas Courthouse
• Phone: (305) 349-5735
• Room: CHC 1925
• Judicial Assistant: Dasni Arce

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PLEASE BE ADVISED THAT WE DO NOT ACCEPT ANYTHING VIA EMAIL, DELIVERY AND/OR VIA MAIL. EVERYTHING MUST BE SUBMITTED VIA COURTMAP. DO NOT DROP OFF PAPER COPIES TO CHAMBERS. THANK YOU.

ALL ATTORNEYS AND SELF REPRESENTED LITIGANTS MUST SIGN UP FOR AN ACCOUNT AT FLORIDA COURTS E-FILING PORTAL AT:
https://www.myflcourtaccess.com/
for filing of pleadings or motions with the clerk of Court.
and
Sign up for COURTMAP at
https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/
for submitting emergency motions and proposed orders to your assigned Judge
PLEASE FILE ALL EVIDENCE FOR ANY HEARING WITH THE CLERK OF COURT IN ACCORDANCE WITH THE ADMINISTRATIVE ORDER.

The judges will be using the ZOOM platform for most hearings.  It is FREE.  If you are unfamiliar with the Zoom platform, please go to the ZOOM training page website to learn how to access the platform for use.   

Zoom training page: https://support.zoom.us/hc/en-us/articles/206618765-Zoom-Video-Tutorials
Zoom Live Training page: https://support.zoom.us/hc/en-us/articles/360029527911

We ask you to assist us by learning how to utilize ZOOM and your patience with us as we learn along with you.  We are committed to the continued delivery of justice in the face of this pandemic.

All other hearing invites are sent the week prior for the hearing date.
Please refer to the drop-down boxes for clear instructions on how to proceed for specific types of calendars.

All Domestic Violence Hearings are recorded, click on the link below if you need to request a copy of the Audio recording:
To request audio recording click on this link and have requester fill the form and follow instructions
https://www.jud11.flcourts.org/Request-Forms/Court-Reporting-Services-Audio-Request 

• Special Affidavit for Remote Uncontested Petition for Temporary Custody (Without a Hearing)
• Special Affidavit for Remote Uncontested Final Judgment of Paternity (Without a Hearing)
• Special Affidavit for Remote Uncontested Dissolution of Marriage (Without a Hearing)
• Special Affidavit for Remote Uncontested Name Change (Without a Hearing)
• Circuit Family Division Covid-19 Amended Operations Plan Effective 4-10-2023 Pursuant to AO #21-A1 and SC21-990

Judge	Section	Room	Telephone
Cuesta, Ivonne	FC 01	CHC 3045	305-349-6162
Multack, Spencer	FC 28	CHC 2314	305-349-5744
Sarduy, A George	FC 16	CHC 2015	305-349-5680
Vizcaino, Diana	FC 47	CHC 2025	305-349-6001

Additional Instructions

EMERGENCIES

File Emergency Motion and Request for Hearing through the FLORIDA E-FILING PORTAL and then submit to the Judge via CourtMap into the Emergency Motion.  

Once the Emergency motion has been filed and submitted via Courtmap to the Judge, the Judge will review it and advise if it's deemed an emergency.

If an emergency motion is being filed on or after 5pm, on a weekend, or during Court Holiday, the party filing the emergency motion MUST contact the emergency judge on duty.
Please note that a motion has to be deemed an emergency by the judge prior to being set as an emergency.

All emergencies will be handled on a case-by-case basis, and the parties must follow the emergency procedures listed on this website.

The Judge will review and respond to all emergencies.

Go to courtMAP Motion Calendar Information

Type: Open

Notice Before Hearing: 7 Business Days

Files at Hearing: None

Day	Time	Cap	From	To
Wednesday	1:30 PM	None	04/05/2017	Ongoing
Thursday	9:00 AM	None	04/05/2017	Ongoing

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Additional Instructions

REMOTE 5 MINUTE MOTION CALENDAR

Motion Calendar will be held for NON-EVIDENTIARY matters every Wednesday at 1:30 PM and every Thursday at 9:00 AM. Please note:  As in a courtroom, you will be waiting for the Host until the Bailiff brings you out of the Waiting Room and into the Hearing Room.  Make sure to name yourself correctly on the Zoom Name, so that the Bailiff can identify you as the correct party for your case. 

This calendar will be heard viaZOOM.

PLEASE BE ADVISED THE MOTION CALENDAR IS A SELF-SET/SELF-CANCEL CALENDAR. YOU ARE ABLE TO CANCEL VIA CMAP. 

Instructions for setting:
On the E-FILING PORTAL, file the Motion with any exhibits. Include 11thFC29@jud11.flcourts.org in all filings.

On the E-FILING PORTAL, E-SERVE the opposing side with your filing.

On COURTMAP, coordinate with opposing party and select the date to have the motion heard. Once a date is agreed upon you may set the hearing using in the Motion Calendar slot. As supporting documents, attach the motion and any responses with an e-file stamp. 

On COURTMAP also include as supporting documents a Notice of Hearing.   The notice of hearing must be filed with the Clerk at least 7 business days prior to the hearing, not including the day of the hearing.  PLEASE BE ADVISED THAT ALL NOTICES NOT FILED IN A TIMELY MANNER WILL BE REJECTED.


The Judge will rule on 5-minute motions without the need for a hearing when possible.  Unless you receive an order ruling on the motion, you must be available on the selected date and time for one hour as the Judge will be calling motions one at a time.

Cancelations
The party that added the motion to the motion calendar must e-file a notice of cancelation and must take off the motion calendar in courtmap.

Go to courtMAP Additional Instructions

ALL CASES MUST ATTEND MEDIATION PRIOR TO TRIAL UNLESS THE JUDGE HAS RULED ON IT.

Please contact the JA for a referral to Mediation via email darce@jud11.flcourts.com.
Once the Mediator’s report has been filed, file a Notice for Trial through the e-portal or with the clerk’s office.

Once the Notice has been accepted into the e-portal or filed with the clerk you may contact the Judicial Assistant for a trial date.

Once a trial date has been confirmed you will receive a trial order via CourtMap. All of the following must be attached as supporting documents:

    1. Petition
    2. The answer and Counter Petition
    3. Answer to the Counter Petition, if one exists. 
    4. Mediator's report. Any partial agreements, should they exist.
    5. Notice of Readiness for Trial 
    6. Twenty (20) days prior to the trial the Pre-trial Catalogues must be uploaded.

PLEASE DO NOT MAIL COPIES OF NOTICES TO CHAMBERS.  All of the supporting documents listed above must have an e-file stamp.

Should the case resolve prior to the scheduled trial date, the party who filed the Notice must immediately, file a notice of cancellation through the e-portal and contact chambers to remove the case from calendar and schedule a UCD date.

If a Notice of Cancellation is not filed and a phone call is not placed to chambers, the Judge will expect the Parties to appear in court on the scheduled date.

Go to courtMAP Additional Instructions

All Proposed Orders are to be submitted through CourtMap with its respective Motion and Cover Letter.

YOU MUST INCLUDE THE OPPOSING PARTY IN ALL SUBMISSIONS VIA COURTMAP
COURTMAP is ONLY for the submission of proposed orders. Once an order is submitted, the Judge will review and sign it electronically.

The orders will then be uploaded to the court file and emailed to the parties.   

The cover letter must address the following:

1. Whether the matter has been heard 
2. Date of the hearing (if previously heard) 
3. Title of the motion  
4. The proposed order has been sent to the opposing party
5. Whether opposing party agrees with the proposed order   

ALL PROPOSED ORDERS SENT WITHOUT A COVER LETTER INDICATING THAT IT HAS BEEN SENT TO THE OPPOSING PARTY ARE CONSIDERED EXPARTE COMMUNICATIONS AND WILL NOT BE READ BY THE JUDGE. 

Proposed orders for all matters that have been previously heard must include the following:

1. A cover letter that complies with the above requirements, in PDF format.
2. A copy of the motion in PDF format.
3. A proposed order in WORD format. Please do not use preset templates or fillable forms as some do not allow for electronic signature. Any order which cannot be electronically signed will be rejected.
4. Include opposing party in your communications via COURTMAP
5. Both parties shall make every effort to agree and submit ONE order that conforms with the Court’s ruling. If you cannot agree, then both parties may send competing orders.

Proposed orders for matters that have not been heard must include the following:

1. A cover letter that complies with the above requirements, in PDF format.   
2. A copy of the motion in PDF format.
3. A proposed order in WORD format. Please do not use preset templates or fillable forms as some do not allow for electronic signature. Any order which cannot be electronically signed will be rejected.
4. Include opposing party in your communications via COURTMAP.

The following proposed orders for matters that have not been previously heard will be accepted via COURTMAP:

*Motions to Compel Mandatory Disclosure.
*Motions to Withdraw (require a consent signed by the client advising he/she consents to the entry of the order and understands that the matter will not be delayed because of the withdrawal of the attorney).
*Motions for Substitution of Counsel.
*Final Judgments of Paternity (with an MSA and Parenting plan).
*Agreed orders on all issues except as described below.


The Court will not accept the following matters via COURTMAP:

*Motions for Continuance
*Motions for Default                       
*Motions for Contempt

PROPOSED EXPARTE ORDERS WILL BE ACCEPTED FOR:
PROPERLY FILED EXPARTE MOTIONS TO COMPEL DISCOVERY

Orders to Withdraw need to be agreed to by Opposing Counsel, along with a cover letter and the client's consent attached to the motion. If not, it must be set on the 5-minute motion calendar. 

The Order must contain the complete contact information for the client (including the current address, current telephone, and e-mail address) should be attached.

PLEASE BE ADVISED THE DIVISION EMAIL IS FOR PORTAL PURPOSES ONLY. IT IS NOT FOR EMAIL COMMUNICATION.

Go to courtMAP Additional Instructions

SPECIAL SET HEARINGS AND CASE MANAGEMENT CONFERENCES

On the FLORIDA E-FILING EPORTAL, file the Motion and a Request for Hearing, with the Clerk's Office. Add 11thfc29@jud11.flcourts.org to the courtesy copy email list.   

Once these documents are filed, please email the Division at 11thfc29@jud11.flcourts.org copy opposing Counsel and any parties involved on the case with a copy of the filed motion and we will send you available dates, once the JA sends available dates then coordinate one of the dates with the parties and then advise the Division which date the parties have agreed on.

Once a date has been coordinated & accepted by the JA the motion will be set in CourtMap, you will receive a notice of hearing generated and sent by COURTMAP that will serve as confirmation that your hearing is set. 

PLEASE DO NOT NOTICE YOUR HEARINGS UNLESS YOU HAVE RECEIEVED THE CONFIRMATION THAT THE HEARING IS APPROVED AND SET. IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRAITE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.

Hearings WILL BE HELD VIA ZOOM or IN-PERSON.

Cancelations:
In order to cancel a Special set hearing you must file a withdrawal of the motion being heard or submit an agreed order.

Case Management Conference:
Please email the division at 11thfc29@jud11.flcourts.org to request a CMC date and time. 

IMPORTANT:
If you reach a resolution after a hearing has been scheduled, the party that requested the hearing must, IMMEDIATELY UPON REACHING A RESOLUTION, file a Notice of Cancellation with the Clerk or through E-Portal AND CALL CHAMBERS to remove the matter from the calendar. 
If a Notice of Cancellation is not filed AND a phone call is not placed to chambers, the Judge will expect the Parties to appear in Court via ZOOM or phone conference on the scheduled date. 

Go to courtMAP UCD Calendar Information

Type: Open

Notice Before Hearing: 7 Business Days

Files at Hearing: Clerk Pull Files

Day	Time	Cap	From	To
Wednesday	10:00 AM	None	04/05/2017	Ongoing

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Additional Instructions

PLEASE BE ADVISED THAT YOU MUST UPLOAD FINAL JUDGMENT ON PROPOSED ORDERS VIA COURTMAP. THE JUDGE IS UNABLE TO SIGN SUPPORTING DOCUMENTS.

PLEASE BE ADVISED THAT THERE IS NO ZOOM OR IN-PERSON HEARINGS FOR UCD CALENDAR.

Once your case is resolved, on CourtMap, click on Uncontested Calendar for the Division/Judge.

Please be sure to attach the following supporting documents with an e-file stamp: 
1. Petition or Counter Petition.
2. Answer or Answer/Waiver.
3. Marital Settlement Agreement and/or Parenting Plan.
4. If the Petition has been defaulted please attach the Order of Default.
5. A copy of the Petitioner's and/or Counter Petitioner’s Valid Driver's License, Florida State ID or Voter’s Registration card. 
6. Affidavit that MSA and/or PP in best interest of child, signed by both parties.   
7. Financial Affidavits.
8. UCCJEA Affidavit.

All requests for Uncontested hearings without these supporting documents with an e-file stamp will be rejected.

 
Attorneys: Please submit the proposed final judgment on proposed orders via CourtMap. 
Self-Represented Litigants: You will not have to appear in court. The Judge will prepare a final judgment and send it to you electronically. 

Go to courtMAP

Documents and forms this judge posts

• Special Affidavit for Remote Uncontested Petition for Temporary Custody (Without a Hearing)
• Special Affidavit for Remote Uncontested Final Judgment of Paternity (Without a Hearing)
• Special Affidavit for Remote Uncontested Dissolution of Marriage (Without a Hearing)
• Special Affidavit for Remote Uncontested Name Change (Without a Hearing)
• Circuit Family Division Covid-19 Amended Operations Plan Effective 4-10-2023 Pursuant to AO #21-A1 and SC21-990