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8 verbatim requirements from Eleventh Circuit administrative order 12-21.
Eleventh Judicial Circuit (Miami-Dade). Procedural information only; not legal advice.
Verbatim from the operative section of Eleventh Circuit administrative order 12-21, harvested 2026-08-02; whitespace normalised only. • For motions to exceed the fee limits filed in the Circuit and County Court, Criminal and Juvenile Delinquency Division, and Probate and Guardianship Division: - 2 - • The Honorable Leon Firtel will hear and determine said motions for the first fiscal year quarter beginning on or about July 1, 2012 through September 30, 2012, and the Honorable Marisa Tinkler Mendez will hear and determine said motions for the second fiscal year quarter beginning on or about October 1, 2012 through December 31, 2012, with said quarterly rotation by the designees continuing until further order of the Court. • For motions to exceed the fee limits filed in the Circuit Court Juvenile Dependency, Termination of Parental Rights, and Judicial Bypass Division: • The Honorable Michael Hanzman will hear and determine said motions for the first fiscal year quarter beginning on or about July 1, 2012 through September 30, 2012, and the Honorable Angelica Zayas will hear and determine said motions for the second fiscal year quarter beginning on or about October 1, 2012 through December 31, 2012, with said quarterly rotation by these designees continuing until further order of the Court. • Additionally, if a designated judge is unable to physically perform his/her duties, then the Chief Judge will designate a substitute judge to replace the herein designated judge to hear and determine said motions to exceed the fee limits until further order of the court. In any event, there will be no more than two (2) designees to hear said motions in the respective divisions. It is further ORDERED that the following procedures are to be followed regarding said motions: • The clerk of court shall receive the original motions to exceed the fee limits and shall provide copies of said motions to the Chief Judge and the above designated judges for their respective divisions. • Following the receipt of a motion to exceed the fee limits, the designated judge shall hold an evidentiary hearing, and shall consider the criteria set forth in §27.5304(12)(b)(1) when determining whether relief should be granted under this section. • If the designated judge finds competent and substantial evidence that the case required extraordinary and unusual efforts, the designated judge shall order compensation at a percentage above the flat fee rate to the extent of the unusual and extraordinary effort required. The percentage must be only at a rate necessary to ensure that the fees paid are not confiscatory under common law, and may not exceed two hundred percent (200%) of the established flat fee, absent a specific finding that two hundred percent (200%) of the flat fee would be confiscatory. • If the designated judge determines that two hundred percent (200%) of the flat fee is confiscatory, the designated judge shall order the amount of compensation using an hourly rate not to exceed Seventy-five Dollars ($75.00) per hour for a non-capital case and One Hundred Dollars ($100.00) per hour for a capital case. Compensation calculated - 3 - by using an hourly rate shall be only that amount necessary to ensure that the total fees paid are not confiscatory. • In cases that warrant exceeding the flat fee, the designated judge shall enter a written order with detailed findings and identifying the extraordinary nature of counsel’s time and efforts.
For motions to exceed the fee limits filed in the Circuit and County Court, Criminal and Juvenile Delinquency Division, and Probate and Guardianship Division: - 2 - • The Honorable Leon Firtel will hear and determine said motions for the first fiscal year quarter beginning on or about July 1, 2012 through September 30, 2012, and the Honorable Marisa Tinkler Mendez will hear and determine said motions for the second fiscal year quarter beginning on or about October 1, 2012 through December 31, 2012, with said quarterly rotation by the designees continuing until further order of the Court.
Reviewer note: Order PDF sha256: f1e6b68f375349154b41dbdccbac6e237f03bf6c1af9ef13f300dd7d0f5d7aab. Read from the order's ORDERED section as numbered paragraphs.
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