Judge Profile

Maynard A. Gross

Judicial Experience:

  • Judge, 11th Judicial Circuit-Miami-Dade Circuit Court, 1996

Other Professional Experience:

  • Assistant City Attorney, City of Miami, 1983 to 1995

Biographical Data:

  • Private Practice, 1972-1983

Part Rule:


  • CASE MANAGEMENT CONFERENCES

    Would you take an active role in coordinating discovery and other matters at a case management conference requested pursuant to Fam. L.R.P. 12.200?: YES In what type of cases?: All types Do you require the parties to appear at the case management conferences?: YES Do you require the parties to appear at a status conference?: YES

  • DEPOSITIONS/ PROTECTIVE ORDERS

    When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling?: NO Do you consider the filing of a motion for a protective order with regard to a deposition as an automatic stay of the subject deposition, this relieving the attorney or the witness from the obligation to attend?: NO What additional steps do you require for the deposition to be stayed?:at additional steps do you require for the deposition to be stayed?: motion and hearing Does your opinion on this depend upon whether the deposition was "short-noticed?" (Ex. noticed within an unreasonably short period of time before the deposition): NO Do you allow emergency hearings for motions for protective orders where the time between the motion and the deposition is not sufficient for a non-emergency hearing?: Usually yes and usually telephonic

  • DISPOSITIONS OF MOTIONS WITHOUT HEARING:

    Are there any motions on which you would rule without the necessity of a hearing?: YES

  • EX PARTE DISCOVERY MOTIONS:

    The current administrative order provides that a certain period of time must elapse in serving the ex parte motion to compel prior to sending the motion and the ex parte order to the court for entry. In the event that the attorney submitting the order sends the order to the court prior to the expiration of the hold-back period, does the court return the order, or hold the order until the hold-back period has expired?: Return the order

  • MISCELLANEOUS:

    GENERAL INFORMATION: Please indicate any attorney practices which you periodically observe and which should not continue in your courtroom: Be on time, state what relief you are seeking and why you're entitled to it. Is there anything else that you want attorneys or litigants to know before they appear before you?:NO

  • Motion Practice: Motion Calendars

    Length of Motion Calendar Hearings:1 hour Number of matters allowed to be heard at a single motion calendar: 20 Under what circumstances can cases be added to a filled motion calendar, or if the matter did not make the motion calendar?: with agreement of counsel Currently as reported in the Daily Business Review, 5-Minute Motion settings in the Family Division require that the appropriate original motion be attached to the notice of hearing and that all notices and motions be filed with the Family Division Clerk of Courts, L.E.T. Courthouse Center, 175 N.W. 1st Ave., 12th Floor, Miami, FL 33128, 7 days prior to the motion calendar date in order that the Motion be set on the calendar. Courtesy copies should be delivered to the Judge's chambers upon the filing of the motion. Please advise what special procedures you require which are either different than the previous information, or are in addition thereto: No special procedures Do you allow hearings by conference call?: YES Under what circumstances?: Valid reason for counsel no attending, including a conflict or geographical distance makes personal appearance impractical What procedure should be followed for telephonic hearings?: Let my office know no later than 10:00 A.M. the prior Wednesday unless emergency If you advise the parties that you will have a hearing by phone, or announce a ruling by phone, do you allow any attorney to appear in person in your chambers for the hearing?: NO If any or all parties appear by phone, do you allow a court reporter to be present in your chambers or courtroom?: YES If any or all parties appear by phone, do you allow a court reporter to be present in one of the party's offices?:YES Do you currently participate in the Tele-Court system?:NO Please provide the name and telephone number of the Motion Calendar Clerk for your division: Name: Judicial Assistant Martha Miguelez Telephone No.: 305-349-5680 If a motion calendar hearing is cancelled, reset or resolved by counsel, should counsel advise your office?: YES

  • MOTION PRACTICE: SPECIAL APPOINTMENTS

    Which motions are routinely heard only at specially set hearings?: Any hearing requiring testimony ; any motion requiring more than 5 minutes. What is the procedure for allowing matters to be specially set?: Submit copy of motion together with completed Request for Hearing form

  • MOTION PRACTICES: ALL HEARINGS

    Do you prefer to receive memoranda in support of motions?: NO How soon after the hearing should the order be submitted?: Preferably immediately after hearing but definitely within 5 days Do you expect the attorney submitting the proposed order to advise you in the cover letter if the opposing attorney agrees that the proposal reflects the ruling?: YES If there is disagreement, do you expect a counter-proposed order from the other attorney?: YES If the drafting attorney does not indicate whether opposing attorney agrees/disagrees with proposed order, do you generally allow some time for the submission of a counter-proposed order from the other attorney? YES If YES, how much time do you generally provide the opposing attorney to submit a counter-proposed order before execution? Within 5 days Will the Court address a motion for appointment of a GAL, Parenting Coordinator or referral to Family Court Services during motion calendar? NO

  • MOTIONS TO WITHDRAW-SPECIAL PROCEDURES

    Do you require a hearing on a Motion to Withdraw?: YES Under what circumstances is a hearing on a motion to withdraw not required? (i.e. there is a notarized consent from client; and no immediate hearing/trial pending):Ex parte submission of motion, order and consent is permitted Should the hearing be set on a: Motion Calendar Do you require the attorney withdrawing to prepare an order for the court, or is there a form order that should be followed?: Prepared by attorney and must include contact information on client unless a substitution of counsel has already been filed.

  • POST TRIAL OR POST SETTLEMENT:

    Do you review post trial motions to decide whether a hearing will be allowed?: NO If a case is settled, what procedure should be followed to advise your office?: Immediately advise my office and set matter on an uncontested calendar. When do you schedule motions to approve a minor settlement?: We don't have any.

  • TRIAL RELATED MATTERS

    Do you require that the parties attempt mediation prior to requesting trial? i. Under what circumstances will the Court not require mediation of the parties? required in all cases What is your daily/weekly trial schedule?: Varies since all trials are specially Do you entertain motions in limine prior to trial?: YES How long prior to trial must motions in limine be filed?: 2 Weeks What facilities do you have available in your courtroom or in the courthouse for use by attorneys at trial? Television, VCR What reasons in your view would justify granting a continuance?: Any unanticipated/unforeseeable event What is your policy on granting a continuance?: no policy; each case stands on its own merit What is your policy for either rolling the case over or removing it from the trial docket?: It gets a new specially-set date Does the case need to be re-noticed or does it depend on the reason for the continuance?: depends When a case on the trial calendar is not reached due to the court's schedule, what is your practice and procedure for rolling the case over?: This does not happen since every case is specially set. Do you generally try the oldest case first?: NO Do you specially set cases for trial?: YES This is based on the following criteria: how efficiently counsel has prepared the case and the number and complexity of the issues Opening Statement/ Closing Argument: i.What rule(s) do you apply when attorneys seek to use demonstrative aids during opening or closing argument?:they may be used ii.While recognizing that each case is unique, do you impose time constraints for Opening?: YES Please explain the time constraints: Depends on the complexity of the issues Closing?: YES Please explain the time constraints: The length of the trial and how complex(unique) are the issues. Do you have any preferences or protocols regarding bench trials that you would like attorneys to know about?: YES, since all matters are tried non-jury histrionics should be kept to a minimum and just tell why the evidence supports your position and make it clear what relief you're seeking. Are there any standing orders, notices, or forms regarding scheduling, discovery, trial, or other matters that you regularly use or about which you would like to advise the members of the bar?: YES

  • UCD CALENDAR:

    The current procedure to set uncontested final hearings (UCD hearings) at L.E.T. Courthouse Center is to call the Judge's chambers directly. The attorney is instructed to file the original notice of hearing and send a courtesy copy to chambers at least 7 working days prior to the calendar date. Please advise if you have any requirement which either vary from the above or which supplements the above: No Do you require that the settlement agreement to be approved or ratified by the court, if any, be brought to the hearing either if previously filed or available on the Odyssey system?: NO If there is a minor unresolved matter that could not be resolved as part of the written settlement agreement or mediated agreement, will the court attempt to resolve the matter at the UCD calendar (even at the end of the calendar) or will the court grant the dissolution, approve, or ratify the settlement agreement and then reserve the jurisdiction to address the unresolved matter at a later hearing?: Will attempt to resolve if time permits and a court reporter is present Currently, pursuant to certain administrative orders, required parenting courses and Sandcastles courses are to be completed within 30 days of the date of service of process on the respondent in family proceedings involving children. at is the court procedure if one or both parties fail to complete the required program(s) during the proceedings or at the final hearing, whether a contested trial or UCD?: Hearing takes place and an Order to Complete within 30 days is signed and copy(ies) given at the hearing. How does the Court handle cases at an uncontested divorce calendar when the following occurs? (i)Case did not make UCD calendar. Depends on the following: If notice has been timely given, executed agreement(if any) has been filed and final judgment has been approved by other side (ii)Financial Affidavits from both parties not filed and financial issues are involved: Not Proceed (iii)Child Support Guidelines have not been filed:Depends on the following: Will proceed so long as completed worksheet is brought to hearing and previously approved by other side (iv) Proof of Residency is Insufficient: Proceed: take the necessary testimony and upon receipt of the necessary proof of residency Final Judgment will be entered.

Staff:

  • Felix Cabrera, Bailiff
  • Martha Miguelez, Judicial Assistant