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Thursday, August 30, 2018

DADE CLERK BUREAUCRACY

In the State portal filing system (unofficial motto "portal to hell") each clerk for the circuit creates the categories that pleadings are filed under. So for example, if you have a motion, you click the motion section and then the specific subject. For example, you can select a "motion to suppress". The specific titles of the motions available is set by the local clerk. So for example, there probably isn't a "motion to lower bond" in Broward because...well, you know why. 

Pop Quiz: In Dade, which motion is NOT A CHOICE in the motion category, meaning our clerk has decided there is no need for this:

A) Motion to Travel
B) Motion to Transfer Judges Section
C) Motion to Tax Costs
D) Motion to Determine Confidentiality Of Court Records

So you, as a long time and careful reader, are surely saying to yourself: "Self, I always file motions to Determine Confidentiality of Court Records. I mean, who doesn't? Duh! And ditto for the daily use of Motion To Transfer Judges Section. That's like the first thing they teach in law school, right?  So now it's down to Travel or Costs..."

Yes, loyal reader, the Clerk's in Dade, in their infinite wisdom, based on the daily practice in our courthouse, apparently frequently deal with motions to transfer judges section, but never see...A MOTION TO TRAVEL. 

Are you kidding me? 

We don't even know what a motion to transfer judge's section is. But then again we've only been doing this 30 plus years. 
How in the name of Marshal Ader do they not have a Motion To Travel in the motions section in the portal? 

Sorry, but if you practice around the State, you will see that Dade has a bizarre list of motions, but not things like a motion to travel, or a motion for individual voir dire.

Need a motion to waive jurisdiction? They got it. Need a motion to "record/admit pre-trial immunity testimony"? EZEEPEEZEE. 

How about an "Amended Motion for Post Conviction Relief"? You-bet-cha. As if they were sitting around one day and one of the clerks said to the other (while in the process of pouring another large bourbon):
 "You know what we need Sam? We need a special category for Amended Motion For Post Conviction Relief because so many of those suckers file amended motions."
"I hear ya Arnie. How about adding a motion for travel?"
"What's that?"

It's ridiculous. Almost as bad as needing the precise page and word count before they would accept the motion. They did away with that requirement as long as-while filing the motion- you affirm out-loud you have recorded the number of pages and words in your separate "page and word number diary" that the Clerks who run the portal system require you to have. 

Or something like that. 

From Occupied America, please send us  a motion to transfer judges section. 

Peace/Out. 

10 comments:

Anonymous said...

So, instead of bitching, why not send an email to the portal clerk and ask them to add motion labels?

There's no motion to pay investigator on JAC rates either.

strunk and white said...

Ahem: the preferred usage is "easy peasy."

Anonymous said...

It doesn't matter you click on when filing a motion. Dade is not really electronic. When a motion is filed, the clerk's physically print the motions and add them to the file. There isn't some electronic database that sorts these motions out and makes them readily available to the judges or lawyers. So it really doesn't matter which you click on when filing it.

Anonymous said...

Must be a criminal defense thing (yes, I know this is a criminal defense blog). I'm a civil guy and have never heard of a motion to travel, but I have filed motions to transfer judge section, motions to tax costs, and motions to determine confidentiality of court records.

CAPTAIN JUSTICE said...


He finished the race!

Anonymous said...

Remember the Joe Cinney and Lizette Rebaredo wedding? Janet Reno came. Two great ASA’s.

What happened with them? Who was the chief ASA Jim Greenfield in DUI back then? Remember Edwin Saar? Where is he? Remember Azim Ranilaze? God bless him. He walked with crutches and was one heck of a nice guy and great trial lawyer.

Anyone know anything about them?
Adam Neijna?

Anonymous said...

Edwin is retired. Joe and Lizzet are divorced and working as lawyers. Jim is running his family real estate business. Azim has changed his name and jobs 10000000 times and has 50 different stories why he is disabled. You Adam could be quite a pain. Guess who?

Anonymous said...

10:24am must be Jonathan Blecher.

What Judge used to say “Chambers Mr. Saar!”?

Who remembers when ASA Jim Greenfield sat on NMB motorcycle cop Bob Sabatino’s Harley and let it roll over?

Remember Miami PD Charlie Smith?

A jovial Judge giving out candy?

A judge accidentally shoots her gun in chambers?

The awesome Judge Loree Feiler?

The Honorable Martin Coe ordering everything “FORTHWITH”!

Others???

Anonymous said...

The best part of the Pickle Barrel was that it was like a small local restaurant where everybody new your name. You got both quick and friendly service.

Anonymous said...

Which judge would say "your motion is DENNNNNIEEDDD.