Prepare a Pre-Trial Motion

ASSIGNMENT #3D

1. Prepare a Pre-Trial Motion in the proper form and content just as if you were filing it with the
Court. You CANNOT choose any of the following — a Motion to Amend, Motion to
Transfer/Venue, or Motion for Extension of Time. To prepare your Motion, you are to “make-up”
your own fact pattern and reason for the need to file the Motion. (Remember the “one giant
paragraph” format as in the textbook, page 207, is WRONG.)
2. Select one Circuit Court Judge from Miami-Dade County (it cannot be Judge Jose Rodriguez).
For that Judge I want you to:
a) identify the name of the Judge; and
b) identify that Judge’s procedure for setting/scheduling a Motion for “Motion
Calendar”; and
c) identify that Judge’s procedures for scheduling matters for a “Special Set”
hearing.

[HINT: You will need to find/access the Clerk of the Court website for that

County’s Circuit. Then navigate to Judges.]

3. Research the Affirmative Defense of “Waiver”. Find two cases, one where the defense was
upheld and one where it was denied. Provide the case citation alongwith the reason why the
Court ruled the way it did on that Affirmative Defense.