Court Rules
Judge

Judge Joanne Marie Hernandez

Individual Rules, Standing Orders & Policies

Rules last changed:
Eleventh Judicial Circuit of Florida, Miami-Dade County

Limits & Logistics

Courtesy Copies

Filings > 50 pages

  • 1 copy • At Least 5 Business Days Before Hearing

Motion

  • With Bundled Motion

Reply

  • 1 copy • Email

Adjournments

  • Parties must contact chambers and provide a reason when canceling any scheduled hearing.
  • Extension motions must include a timeframe for the requested extension and be set for hearing on the motion calendar within 30 days, or they may be denied.
  • Motions to extend case management deadlines, amend the case management order, or continue trial must comply with Rules 1.200 and 1.460 and cannot be accomplished by agreed order.
  • +4 more

Request must include

Reason For RequestProposed New Dates

Communication

Email

Chambers

amviera@jud11.flcourts.org
EmergenciesScheduling
No status inquiries
Phone

Chambers

305-569-2518
EmergenciesSchedulingStatus Inquiries
Filters:AllMandatoryImportantFormattingProposed OrdersDiscoveryExhibitsConferencesTypographyJuryEvidence/Witnesses

Document Format Requirements1 rule

Formatting

The quote is in the court's document. The summary is not checked yet.Important?

Proposed orders should be in Times New Roman type, with a minimum of 12 point font.

Summary: Proposed orders must be in Times New Roman with a minimum 12-point font.

Typography
Font FamilyTimes New Roman
Size12 pt

Document Filing Requirements16 rules

Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

The Notice of Hearing must contain the title(s) of the motion(s) to be heard and the date that the motion was filed. The Court will not issue a Notice for Motion Calendars, but an email with the Zoom link will be generated before the hearing.

Summary: The Notice of Hearing must state the title(s) of the motion(s) to be heard and the motion's filing date; the Court does not issue notices for motion calendars but emails a Zoom link before the hearing.

Document Type

Notice Of Hearing

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

Ex-parte motions to compel (including both discovery and compliance with the attorney’s fees order) must comply with Administrative Order 06-09 (and Florida Rule of Civil Procedure 1.202), including the requirement of waiting 7 days, and must reflect the date discovery was served (date or docket #), and when the motion to compel was filed (date or docket #).

Summary: Ex parte motions to compel must comply with Administrative Order 06-09 and Rule 1.202 (including the 7-day waiting requirement) and must state the date discovery was served and the date the motion was filed.

Document Type

Ex Parte Motion To Compel

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

The setting party must provide a Notice of Hearing (NOH) with Zoom information and instructions on how to appear to the opposing party and must file notice with the Clerk. The NOH automatically generated by courtMAP is not suffient as it does not reflect the Zoom meeting information.

Summary: The setting party must provide a Notice of Hearing containing Zoom information and appearance instructions to the opposing party and file it with the Clerk; the courtMAP-generated NOH is not sufficient.

Document Type

Notice Of Hearing

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

The parties must meet and confer and produce a joint pre-trial conference checklist (see attachments on the webpage) at the pre-trial conference and must meet and confer and produce a joint pre-trial stipulation as required by the case management and jury trial orders.

Summary: Parties must meet and confer and produce a joint pre-trial conference checklist at the pre-trial conference and a joint pre-trial stipulation as required by the case management and jury trial orders.

Document Type

Joint Pretrial Conference Checklist

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

The Motion attached to the Agreed Order must be filed with Clerk prior to uploading any proposed orders. Failure to do so will result in the proposed order being rejected and require you to resubmit the proposed order.

Summary: The underlying motion must be filed with the Clerk before uploading any proposed order, or the proposed order will be rejected and must be resubmitted.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

Motions for final judgment in garnishment must state legal and factual basis for entitlement to tax garnishment costs. The motion must also show the calculation the plaintiff is using to arrive at the judgment total in the proposed final judgment in garnishment unless the total matches.

Summary: Motions for final judgment in garnishment must state the legal and factual basis for taxing garnishment costs and show the calculation used to reach the judgment total unless the total matches.

Document Type

Motion For Final Judgment In Garnishment

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

Motions for Substitution of Counsel must comply with the requirements of Fla. R. Gen. Prac. & Jud. Admin. 2.505 and certify that the incoming counsel has conferred with current counsel, reviewed the case docket, and is aware of all upcoming depositions, hearings, and other deadlines in the case.

Summary: Motions for substitution of counsel must comply with Rule 2.505 and certify the incoming counsel conferred with current counsel, reviewed the docket, and is aware of upcoming deadlines.

Document Type

Motion For Substitution Of Counsel

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

Please also see Administrative Order 26-04 Re: Disclosure of Use of Generative Artificial Intelligence by Attorneys and Self-Represented Litigants. If any party uses generative artificial intelligence to prepare any court filings, then the party is required to follow this Administrative Order, which is attached to this webpage.

Summary: Any party that uses generative AI to prepare court filings must comply with Administrative Order 26-04 requiring disclosure of AI use.

Document Type

Court Filings

Content & Formatting
Ai Disclosure
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

The Court will also reject proposed orders granting ex parte motions to compel discovery if the motion does not comply with Administrative Order 06-09. Among other things, Administrative Order 06-09 states, "an ex parte order compelling discovery may be entered only when the motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension of time." (Emphasis added).

Summary: Proposed orders granting ex parte motions to compel discovery will be rejected unless the motion alleges a complete failure to respond or object to discovery with no request for extension of time, per Administrative Order 06-09.

Document Type

Ex Parte Motion To Compel

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

In addition, the Court requires that orders contain all information required (i.e., no blanks shall be left). Incomplete orders will be rejected, and you will be asked to resubmit the proposed order with the complete information. Please ensure that ALL parties have been included on the service list.

Summary: Orders must contain all required information with no blanks and include all parties on the service list; incomplete orders will be rejected and must be resubmitted.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

As of November 15, 2022, any proposed order that does not comply with the requirements of administrative order 22-02 will be rejected.

Summary: Proposed orders that do not comply with Administrative Order 22-02 will be rejected as of November 15, 2022.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Miami Dade:60f53c6bedb00be573966e6c · Nov 2022
|SecPLEASE NOTE REGARDING PROPOSED ORDERS
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

In addition, proposed orders on ex-parte motions to compel discovery will be rejected and/or denied if the motion fails to comply with administrative order 06-09 or Florida Rule of Civil Procedure 1.202.

Summary: Proposed orders on ex parte motions to compel discovery will be rejected or denied unless the motion complies with Administrative Order 06-09 and Florida Rule of Civil Procedure 1.202.

Document Type

Ex Parte Motion To Compel

Specific requirements detailed in rule text.
Miami Dade:60f53c6bedb00be573966e6c · Nov 2022
|SecPLEASE NOTE REGARDING PROPOSED ORDERS
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

Administrative Order 22-02 requires ALL proposed orders submitted by counsel include the following: Docket Index Number: _______________________ or E-filing Number _______________ Date Filed: ______________________ Full Name of Motion: ___________________________________________

Summary: All proposed orders submitted by counsel must include the Docket Index Number (or E-filing Number), Date Filed, and the Full Name of the Motion per Administrative Order 22-02.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Mandatory?

SUPPORTING DOCUMENTS: Please submit the relevant underlying document(s) as “Supporting Documents” with the Proposed Order (e.g., settlement agreement, stipulation for substitution of counsel, motion, complaint (if complaint is relevant to motion), etc.). Because of docketing delays, failure to do so may result in your proposed order being rejected and you will be asked to resubmit the relevant documents as attachments to the motion.

Summary: Relevant underlying documents must be submitted as 'Supporting Documents' with the proposed order, or the proposed order may be rejected due to docketing delays.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Important?

The Court also requires proposed orders to be submitted after case management conferences unless the Court instructs the parties not to do so.

Summary: Proposed orders must be submitted after case management conferences unless the Court instructs otherwise.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

The quote is in the court's document. The summary is not checked yet.Important?

The Title of the Proposed Order should include the full name of the Motion at issue.

Summary: The title of a proposed order must include the full name of the motion at issue.

Document Type

Proposed Order

Specific requirements detailed in rule text.

Filing & Service rules

Electronic Filing Rules

Agreed orders must be submitted through courtMAP.

Please submit Agreed Orders through CourtMAP.

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Page 1 | AGREED ORDERS

All motions must be e-filed via the eFiling Portal before setting a hearing, and original motions must not be sent to the judge.

All motions must be filed via the eFiling Portal prior to setting a hearing. No original motions should be sent to the judge.

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Page 1 | Motion Calendar Information

All hearing materials, including any response, must be submitted via courtMAP for advance review; a non-movant's failure to respond may be treated as no objection, and the Court will not consider arguments not raised in the filed motion/response.

Parties must submit all materials via courtMAP so that the Court may review the materials beforehand. This includes a response, if any, to the motion. The Court may conclude that the non-movant does not object to the requested relief if the non-movant fails to file a response. The Court will not consider arguments/issues not addressed in the parties' filed motion/response.

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Page 1 | Motion Calendar Information

Proposed orders must not be submitted to chambers by mail or email unless the Court instructs otherwise.

Unless instructed by the Court to do so, please do not submit proposed orders via mail or e-mail to Chambers.

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Page 1 | AGREED ORDERS

Original notices for jury trial must be e-filed with the Clerk's Office.

Original Notices for Jury Trial Must be E-Filed with the Clerk's Office.

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Page 1 | Jury Trial Notice

Documents and motions must be filed through the Florida Courts E-Filing Portal at https://www.myflcourtaccess.com/.

Use this link to file documents/motions: https://www.myflcourtaccess.com/

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Page 1 | DIVISION PROCEDURES

In insurance cases, pretrial conferences are waived by Administrative Order 21-10 and motions or proposed orders on those issues must not be submitted and will be rejected.

For Insurance Cases ONLY: Administrative Order 21-10 invoked the Florida Rules of Civil Procedure and waived pretrial conferences for ALL insurance cases. DO NOT submit motions/proposed orders on these issues; they will be rejected.

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Page 1 | DIVISION PROCEDURES

Documents submitted with proposed orders are not e-filed by the Clerk; parties must e-file them through the Florida Courts E-Filing Portal.

PLEASE NOTE: sending documents with proposed orders DO NOT get efiled by the Clerk. You must use the Florida Courts E-Filing Portal.

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Page 1 | AGREED ORDERS

Small claims pre-trial conference waivers must be submitted as agreed orders through courtMAP.

Small Claims Pre-Trial Conference Waivers are to be submitted as Agreed Orders via courtMAP.

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Page 1 | DIVISION PROCEDURES

Self-represented litigants may register for courtMAP scheduling access at http://cmap.jud11.flcourts.org.

Self represented litigants can register for courtMAP access using the link for scheduling: http://cmap.jud11.flcourts.org

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Page 1 | DIVISION PROCEDURES

Proposed orders must be submitted through courtMAP, using the 'Agreed Order' option for agreed orders.

Proposed Orders are to be submitted through courtMAP. If the order is an Agreed Order, please utilize the “Agreed Order” option when submitting via courtMAP.

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Page 1 | Proposed Orders

Filing Timing and Cure Windows

For special set hearings, all motions must be filed with the Clerk's office before setting a hearing date.

All motions must be filed with the Clerks’ office prior to setting a hearing date.

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Page 1 | Special Set Hearings

Responses and replies to motions set for special set hearings must be filed at least 5 business days before the hearing or the Court may not consider them.

ANY RESPONSES OR REPLIES MUST BE FILED AT LEAST 5 BUSINESS DAYS PRIOR TO THE HEARING. Failure to do so may cause the Court not to consider the response or reply or delay the Court's resolution of the motion.

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Page 1 | Special Set Hearings - Courtesy Copies

Proposed orders must be submitted within 20 days after special set hearings unless the Court instructs otherwise.

The Court requires proposed orders to be submitted within 20 days after special set hearings unless the Court instructs the parties not to submit proposed order.

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Page 1 | Proposed Orders

Service and Proof of Service Rules

Written notice with a copy of the motion must be provided to opposing counsel/parties immediately after a hearing is set, and the setting party must file the Notice of Hearing on the docket.

Written Notice to opposing counsel/parties shall be provided immediately after a hearing is set by a party, along with a copy of the motion. The setting party is responsible for filing the Notice of Hearing on the docket.

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Page 1 | Motion Calendar Information

Motions set on the Motion Calendar require notice at least 5 business days before the hearing.

Notice Before Hearing: 5 Business Days

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Page 1 | Motion Calendar Information

Courtesy Copy Requirements

Courtesy copies of responses or pleadings filed less than 48 hours before a hearing must be emailed to the judicial assistant with the case number and hearing date/time in the subject line.

COURTESY COPIES: A courtesy copy of any response or other relevant pleading filed less than 48 hours before the hearing should be emailed to the Court's judicial assistant. Include the case number and hearing date/time in the subject of the email.

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Page 1 | Motion Calendar Information

Hearings are scheduled via courtMAP with a courtesy copy of the motion and supporting materials attached; parties must coordinate hearing dates and need the Judge's approval to unilaterally set a hearing.

Schedule your hearing via courtMap and attach a courtesy copy of the motion and any other supporting materials via courtMap. Parties are to coordinate the date and time of the hearings to ensure that all sides are available on the selected date, and must seek approval from the Judge to unilaterally set a hearing.

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Page 1 | Motion Calendar Information

Special set hearing submissions totaling more than 50 combined pages may be delivered to chambers at least 5 business days before the hearing (hard copy or USB by USPS/FEDEX/UPS/hand delivery, or email to the judicial assistant) with relevant portions highlighted; non-compliance may result in the hearing being canceled and reset.

Party submissions that total more than 50 pages combined (this includes the Motion to be heard, legal memoranda, key legal authorities (no more than five cases), discovery, exhibits, or other materials in support of or in opposition to the Motion) may be submitted to Judge Hernandez’s chambers at least five (5) business days before the scheduled hearing. Please be mindful that, because of docketing delays, filings do not always appear on the docket immediately. Case law or statutes provided in the materials should highlight the relevant portions. Please send a hard copy or USB of the materials via USPS, FEDEX, UPS, hand delivery to 3100 Ponce de Leon Boulevard, Miami, FL 33134, Chambers 1-6, attention: Judge Joanne Marie Hernandez, or, if possible, the materials may be sent via e-mail to the Court's Judicial Assistant. YOUR HEARING MAY BE CANCELED AND RESET BY THE JUDGE IF YOU DO NOT COMPLY WITH THESE PROCEDURES.

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Page 1 | Special Set Hearings - Courtesy Copies

Filing Bundling Requirements

No more than two motions may be set for one special set hearing without express Court permission based on good cause.

Absent express permission from the Court based on good cause shown, no more than two (2) motions may be set for one Special Set hearing.

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Page 1 | Special Set Hearings

Only one motion may be scheduled per Motion Calendar slot (maximum three motions total via separate slots or judicial assistant contact); violations may result in hearing cancellation.

You may schedule only ONE MOTION per Motion Calendar slot. The Court may cancel your hearing if you do not comply with this requirement. If you wish to hear additional motions on the same case (e.g., cross-notice another motion) – limited to no more than three (3) motions – set the notice for the same time in a separate motion calendar slot or contact the judicial assistant.

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Page 1 | Motion Calendar Information

Pre-Motion Conference Requirements

Motions to withdraw under Rule 2.505(f)(1) require a hearing.

Motions to withdraw under Fla. R. Gen. Prac. & Jud. Admin. 2.505(f)(1) (not substitution of counsel or other grounds for termination of attorney appearance) require a hearing.

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Page 1 | DIVISION PROCEDURES

Attorney's fees hearings require a timely Rule 1.525 fee motion, determination or stipulation of entitlement before the amount hearing, and compliance with the Fees Scheduling Order before the hearing may be set via the judicial assistant.

To schedule a hearing on attorney’s fees, the setting party must first timely file a motion seeking fees and/or costs pursuant to Florida Rule of Civil Procedure 1.525. If the Court has not already determined entitlement to fees and/or costs or the opposing party has not stipulated to entitlement, then the party seeking fees must upload through courtMap an agreed order or proposed order and/or set a hearing for entitlement only. If the Court has determined entitlement to fees and/or costs or the opposing party has stipulated to entitlement, then, if the Court has not already done so on its own, the party seeking fees must contact the judicial assistant and/or bailiff and request that the Court enter an order preliminary to the hearing on fees and costs in the form provided below ("Fees Scheduling Order"). The Fees Scheduling Order establishes requirements the parties must fulfill before setting a hearing. Once the parties have complied with the Fees Scheduling Order, then the parties must then contact the judicial assistant pursuant to the same procedures for setting a special set hearing.

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Page 1 | Special Set Hearings

Landlord/tenant, attorney's fees, sanctions, claims of exemption, complex motions to dismiss, judgment on the pleadings, motions to compel arbitration, and summary judgment motions may not be set on the Motion Calendar without prior Court approval and must be specially set.

MOTIONS NOT FOR MOTION CALENDAR: The following motions are NOT for Motion Calendar absent prior approval from (or scheduled by) the Court: Landlord/Tenant matters, Attorneys’ Fees matters, Sanctions Motions, hearings on Claims of Exemption hearings, complex Motions to Dismiss, Motions for Judgment on the Pleadings, Motions to Compel Arbitration, and Motions for Summary Judgment.* Please do not set these on the Motion Calendar; the parties risk that the Court will hear your case at the end of motion calendar and/or will not have time to address the motion and reset the hearing.

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Page 1 | Motion Calendar Information

Sanctions (expenses, attorney's fees, or waiver of non-privilege objections) cannot be included on ex parte motions to compel and require a hearing.

The Court will not include sanctions on ex-parte motions to compel (expenses, attorney’s fees, or waiver of non-privilege objections) - those require a hearing.

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Page 1 | DIVISION PROCEDURES

Motions to disqualify must follow the procedures in the Administrative Memorandum on Motions to Disqualify.

Motions to Disqualify must follow the procedures laid out in the Administrative Memorandum on Motions to Disqualify.

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Page 1 | DIVISION PROCEDURES

Small claims motions for summary disposition may be set on the Motion Calendar, excluding insurance cases where the Rules of Civil Procedure have been invoked.

*Small Claims Motions for Summary Disposition may be set for Motion Calendar. These DO NOT include Insurance Cases, as the Rules of Civil Procedure have been invoked in those cases by Administrative Order.

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Page 1 | Motion Calendar Information

Adjournment & Extension Requirements

Parties must contact chambers and provide a reason when canceling any scheduled hearing.

PARTIES MUST CONTACT CHAMBERS IF CANCELING ANY SCHEDULED HEARING AND PROVIDE REASON FOR CANCELATION.

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Page 1 | COURT CALENDAR

To cancel a motion calendar hearing, the setting party must cancel on courtMAP, file a Notice of Cancellation, and give a courtesy call or email to the judicial assistant.

CANCELATIONS: Setting party must cancel the hearing on courtMAP and Notices of Cancellation must be filed, even if you have filed a proposed order canceling the hearing. Chambers does not need a courtesy copy of the NOC, but the party canceling the hearing should give a courtesy call or email to the judicial assistant.

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Page 1 | Motion Calendar Information

To cancel a special set hearing, the setting party must cancel on courtMAP, file a Notice of Cancellation, and notify the judicial assistant, especially if canceling less than 24 hours before the hearing.

The setting party must cancel the hearing on courtMAP and Notices of Cancellation must be filed, even if you have filed a proposed order that includes the cancelation of the hearing. The setting party must notify the judicial assistant, particularly if the Special Set hearing is canceled less than 24 hours before the hearing date.

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Page 1 | Special Set Hearings - Cancelations

Extension motions must include a timeframe for the requested extension and be set for hearing on the motion calendar within 30 days, or they may be denied.

Motions for Extensions of Time must include a timeframe for the requested extension. Motions may be denied if they do not include a timeframe for the requested extension and/or are not set for hearing on the Court's motion calendar within 30 days.

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Page 1 | DIVISION PROCEDURES

Motions to continue trial or hearings must be set on the 5-minute Motion Calendar before the scheduled event, must be written (no ore tenus motions), and party agreements to continue require the Judge's approval.

All Motions to Continue Trial or Strike Trial dates or to Continue a Hearing set by the Judge must be set on the Court’s 5-minute Motion Calendar prior to the special set hearing, calendar call, or trial date. Any agreement between the parties for a continuance must be approved by the Judge. All continuances must be made by written motion. NO ORE TENUS MOTIONS for continuances will be entertained.

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Page 1 | Special Set Hearings - Motions to Continue

Motions to extend case management deadlines, amend the case management order, or continue trial must comply with Rules 1.200 and 1.460 and cannot be accomplished by agreed order.

Motions to extend case management deadlines, amend the case management order, or continue trial MUST comply with Florida Rules of Civil Procedure 1.200 and 1.460. The Court follows the rules, so do not attempt to amend the case management deadlines or continue trial via an agreed order.

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Page 1 | DIVISION PROCEDURES

The Court has a firm trial continuance policy and will deny oral continuance motions (unless made at trial) and written motions that do not comply with Rule 1.460.

The Court, as required by the Florida Rules of Civil Procedure and Florida Rules of General Practice & Judicial Administration, has a firm trial continuance policy. The Court will deny any oral motions for continuance (unless made at trial) and any written motions that do not comply with Florida Rule of Civil Procedure 1.460.

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Page 1 | Trial Continuance Policy

Chambers Communication Rules

All impacted parties must jointly call the judicial assistant to schedule special set hearings; the hearing date will be at least 20 days out unless the Court approves an earlier setting, and the setting party must identify the specific motions.

To facilitate conferrals on hearing dates, all parties impacted by the issue(s) to be heard must contact the Judge’s judicial assistant together via telephone to schedule the hearing. The hearing date will be at least twenty (20) days from the date the parties contact the judicial assistant unless you receive approval from the Court for an earlier setting. The setting party must identify the specific motion(s) to be heard.

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Page 1 | Special Set Hearings

Emergency motions require contacting the judicial assistant by phone and email (subject line must state 'emergency motion' and include e-filing information); hearings are generally held at 9:00 a.m. the next business day.

If you have a good faith belief that your motion qualifies as an emergency, please contact Judicial Assistant Ana M. Viera at 305-569-2518 and amviera@jud11.flcourts.org (subject line must state “emergency motion” and contain the e-filing information) to confirm receipt of the motion and schedule a hearing. The Court will generally hold a hearing at 9:00 a.m. the following business day or sometime as soon as possible thereafter unless the parties request other dates.

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Page 1 | EMERGENCY MOTIONS

Any email to the Judge, judicial assistant, or bailiff must copy all counsel of record.

(If you email the Judge, JA, or Bailiff, you must copy all counsel in the same email.)

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Page 1 | CHAMBERS' INFORMATION

Parties must not email Judge Hernandez directly except when instructed, in response to her email, or on an urgent basis after being unable to reach chambers; such emails are a last resort and are ordinarily deleted unread.

DO NOT email Judge Hernandez directly about your case unless you are instructed to do so, you are responding to an email sent from Judge Hernandez, or you have a good faith belief that an email to Judge Hernandez is necessary on an urgent basis (e.g., you have tried reaching chambers to obtain Zoom information for an upcoming hearing and cannot get a hold of the Judicial Assistant or Bailiff). Communications to Judge Hernandez should be a last resort. Judge Hernandez will ordinarily delete any emails from the parties without reading it.

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Page 1 | DIVISION PROCEDURES

Requests for Zoom appearances must be made at least 3 business days in advance.

Any request for Zoom appearances need to be made 3 business days in advance.

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Page 1 | DIVISION PROCEDURES

Emails to the judicial assistant (e.g., hearing requests, cancelations, filing confirmations) must copy all parties or they will be treated as impermissible ex parte communications and deleted.

If you need to email the Judge's judicial assistant (e.g., to request or cancel a hearing, confirm the filing of a motion, etc.), you must copy all parties in the case. Otherwise, these may be considered impermissible ex-parte communications, which will not be read and will be deleted.

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Page 1 | DIVISION PROCEDURES

A copy of any cross-notice of a hearing already set or approved by the Judge must be sent to the judicial assistant or the matter may not be heard.

If you seek to cross-notice a hearing already set and/or approved by the Judge, send a copy of the cross notice to the Court's Judicial Assistant to ensure the calendar is properly updated. Otherwise, the matter may not be heard.

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Page 1 | DIVISION PROCEDURES

Interpreter requests must be made by calling the judge's chambers as soon as possible in advance of the hearing.

If you need an interpreter, you must call the Judge’s chambers as soon as possible in advance of the hearing.

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Page 1 | DIVISION PROCEDURES

Landlord/tenant hearing requests must be emailed to the judicial assistant so they can be set promptly; other excluded motions must be set as special set hearings.

For Landlord/Tenant matters, please email the judicial assistant with your request for a hearing so it will be set promptly. The other motions described previously should be set as special set hearings, following the procedures outlined in that tab.

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Page 1 | Motion Calendar Information

Motions to stay writs of possession, and claims of exemption on garnishment where the plaintiff objects, are treated as emergency motions.

The Court treats Motions to Stay Writs of Possession as emergency motions. The Court also treats Claims of Exemptions on Garnishment as emergency motions if plaintiff files an objection to the claim of exemption.

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Page 1 | EMERGENCY MOTIONS

Proposed orders after summary judgment or other special set hearings must also be emailed to the judicial assistant with supporting documents and a brief note or cover letter.

Proposed orders following hearings on summary judgment or other special set hearings should also be submitted via email to the judicial assistant together with the supporting documents and a brief note/cover letter.

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Page 1 | Proposed Orders

After e-filing, the notice for jury trial must be emailed to the judicial assistant so the Court can set the matter on the trial calendar.

Please then submit the notice for jury trial to the Court via e-mail to the Judicial Assistant. The Court will then set the matter on trial calendar.

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Page 1 | Jury Trial Notice

Parties must contact chambers after dropping off hearing materials to confirm the Judge received them.

Please make sure you contact the Judge’s Chambers when your materials have been dropped off to confirm that they were received by the Judge.

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Page 1 | Special Set Hearings - Courtesy Copies

Evidentiary hearings on the reasonableness of attorney's fees are held on the special set calendar and require Court approval via email request to the judicial assistant.

Evidentiary hearings relating to reasonableness of attorneys’ fees are conducted on special set calendar and upon Court approval via email request to the Judicial Assistant.

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Page 1 | Attorney's Fees / PIP MSJ

A setting party who certifies by email three or more good-faith coordination attempts over five business days may set the hearing unilaterally through the judicial assistant, who will generate the Notice of Hearing.

If the setting party/movant certifies via e-mail that they have made multiple efforts (three or more over the course of five (5) business days) in good faith to coordinate with the other parties/nonmovants but have failed, then the setting party/movant may contact the judicial assistant to set the hearing unilaterally (or the judicial assistant will make additional attempts to contact the opposing party). The Court will then generate the Notice of Hearing. The setting party is not required to file a separate Notice of Hearing.

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Page 1 | Special Set Hearings

Chambers can be reached at (305) 569-2518, Courtroom 1-2, 3100 Ponce de Leon Blvd, Miami, FL 33134.

Address: 3100 Ponce de Leon Blvd, Miami, FL 33134, Courtroom 1-2 Tel. No.: (305) 569-2518

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Page 1 | CHAMBERS' INFORMATION

Court-wide rules

Applies court-wide

These 7 rules apply across Eleventh Judicial Circuit of Florida, Miami-Dade County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 6
  • Applies to
    Forms packet

    Pro se parties must acquire and utilize the Eleventh Judicial Circuit forms packet (or forms substantially in compliance therewith) from the Clerk's Office, unless waived for good cause by the Administrative or Associate Administrative Judge.

  • Applies to
    Self help program registration

    Pro se parties must register with the Circuit's Family Court Self Help Program to receive information, instructions, referrals, and assistance, unless waived for good cause by the Administrative or Associate Administrative Judge.

  • Applies to
    Pleadings and papers

    At the time of filing, pro se parties must have their pleadings and papers reviewed as to form by the Family Court Self Help Program, unless waived for good cause by the Administrative or Associate Administrative Judge.

Fees

All 1
  • Fee
    $35
    Applies to
    Forms packet

    The required forms packet is available from the Clerk's Office at a cost not to exceed $35.00, subject to good-cause waiver of the procedures by the Administrative or Associate Administrative Judge.

About Judge Joanne Marie Hernandez

Judge Joanne Marie Hernandez is a judge on the Eleventh Judicial Circuit of Florida, serving Miami-Dade County. The circuit handles circuit and county court matters for the county.

Judge Hernandez's procedures are published through the court's general rules.

Common questions about Judge Joanne Marie Hernandez's rules

Are courtesy copies required for Judge Joanne Marie Hernandez?

Courtesy-copy rule applies for motions. Details: delivery with bundled motion. Hearings are scheduled via courtMAP with a courtesy copy of the motion and supporting materials attached; parties must coordinate hearing dates and need the Judge's approval to unilaterally set a hearing.

View ruleSource: page 1, section Motion Calendar Information

Does Judge Joanne Marie Hernandez require a pre-motion conference or letter before filing a motion?

Judge Joanne Marie Hernandez's rules set a pre-motion procedure for sanctions. Sanctions (expenses, attorney's fees, or waiver of non-privilege objections) cannot be included on ex parte motions to compel and require a hearing.

View ruleSource: page 1, section DIVISION PROCEDURES

What formatting rules apply to filings before Judge Joanne Marie Hernandez?

Judge Joanne Marie Hernandez's formatting rule includes times new roman font, 12 point type and 12 point font is the minimum size. Proposed orders must be in Times New Roman with a minimum 12-point font.

View ruleSource: page 1, section AGREED ORDERS

What must be included with proposed order filings before Judge Joanne Marie Hernandez?

The rule identifies required filing content or certificates. Proposed orders that do not comply with Administrative Order 22-02 will be rejected as of November 15, 2022.

View ruleSource: page 1, section PLEASE NOTE REGARDING PROPOSED ORDERS

What must be included with ex parte motion to compel filings before Judge Joanne Marie Hernandez?

The rule identifies required filing content or certificates. Proposed orders on ex parte motions to compel discovery will be rejected or denied unless the motion complies with Administrative Order 06-09 and Florida Rule of Civil Procedure 1.202.

View ruleSource: page 1, section PLEASE NOTE REGARDING PROPOSED ORDERS

How may parties contact Judge Joanne Marie Hernandez's chambers?

The rule addresses email communications with Judge Joanne Marie Hernandez's chambers. The rule lists email amviera@jud11.flcourts.org and phone 305-569-2518. Emergency motions require contacting the judicial assistant by phone and email (subject line must state 'emergency motion' and include e-filing information); hearings are generally held at 9:00 a.m. the next business day.

View ruleSource: page 1, section EMERGENCY MOTIONS

How do I request an adjournment or extension before Judge Joanne Marie Hernandez?

Advance notice is not fully stated in the structured details. The request must include reason for request. Parties must contact chambers and provide a reason when canceling any scheduled hearing.

View ruleSource: page 1, section COURT CALENDAR

Does Judge Joanne Marie Hernandez require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Only one motion may be scheduled per Motion Calendar slot (maximum three motions total via separate slots or judicial assistant contact); violations may result in hearing cancellation.

View ruleSource: page 1, section Motion Calendar Information

Is electronic filing required before Judge Joanne Marie Hernandez?

Yes. Electronic filing is required for the covered filings. Agreed orders must be submitted through courtMAP.

View ruleSource: page 1, section AGREED ORDERS

What filing deadlines apply to proposed order filings before Judge Joanne Marie Hernandez?

Proposed orders must be submitted within 20 days after special set hearings unless the Court instructs otherwise.

View ruleSource: page 1, section Proposed Orders

What rule applies to serving the opposing party before Judge Joanne Marie Hernandez?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Written notice with a copy of the motion must be provided to opposing counsel/parties immediately after a hearing is set, and the setting party must file the Notice of Hearing on the docket.

View ruleSource: page 1, section Motion Calendar Information
Complete rules summary for Judge Joanne Marie Hernandez

Parties must contact chambers and provide a reason when canceling any scheduled hearing.

Emergency motions require contacting the judicial assistant by phone and email (subject line must state 'emergency motion' and include e-filing information); hearings are generally held at 9:00 a.m. the next business day.

Motions to stay writs of possession, and claims of exemption on garnishment where the plaintiff objects, are treated as emergency motions.

Proposed orders that do not comply with Administrative Order 22-02 will be rejected as of November 15, 2022.

Agreed orders must be submitted through courtMAP.

Proposed orders must be in Times New Roman with a minimum 12-point font.

Proposed orders on ex parte motions to compel discovery will be rejected or denied unless the motion complies with Administrative Order 06-09 and Florida Rule of Civil Procedure 1.202.

Small claims pre-trial conference waivers must be submitted as agreed orders through courtMAP.

Requests for Zoom appearances must be made at least 3 business days in advance.

In insurance cases, pretrial conferences are waived by Administrative Order 21-10 and motions or proposed orders on those issues must not be submitted and will be rejected.

Ex parte motions to compel must comply with Administrative Order 06-09 and Rule 1.202 (including the 7-day waiting requirement) and must state the date discovery was served and the date the motion was filed.

Sanctions (expenses, attorney's fees, or waiver of non-privilege objections) cannot be included on ex parte motions to compel and require a hearing.

Motions for substitution of counsel must comply with Rule 2.505 and certify the incoming counsel conferred with current counsel, reviewed the docket, and is aware of upcoming deadlines.

Motions to withdraw under Rule 2.505(f)(1) require a hearing.

Extension motions must include a timeframe for the requested extension and be set for hearing on the motion calendar within 30 days, or they may be denied.

Motions to extend case management deadlines, amend the case management order, or continue trial must comply with Rules 1.200 and 1.460 and cannot be accomplished by agreed order.

The setting party must provide a Notice of Hearing containing Zoom information and appearance instructions to the opposing party and file it with the Clerk; the courtMAP-generated NOH is not sufficient.

A copy of any cross-notice of a hearing already set or approved by the Judge must be sent to the judicial assistant or the matter may not be heard.

Emails to the judicial assistant (e.g., hearing requests, cancelations, filing confirmations) must copy all parties or they will be treated as impermissible ex parte communications and deleted.

Parties must not email Judge Hernandez directly except when instructed, in response to her email, or on an urgent basis after being unable to reach chambers; such emails are a last resort and are ordinarily deleted unread.

Interpreter requests must be made by calling the judge's chambers as soon as possible in advance of the hearing.

Motions for final judgment in garnishment must state the legal and factual basis for taxing garnishment costs and show the calculation used to reach the judgment total unless the total matches.

Self-represented litigants may register for courtMAP scheduling access at http://cmap.jud11.flcourts.org.

Documents and motions must be filed through the Florida Courts E-Filing Portal at https://www.myflcourtaccess.com/.

Motions to disqualify must follow the procedures in the Administrative Memorandum on Motions to Disqualify.

Any email to the Judge, judicial assistant, or bailiff must copy all counsel of record.

Chambers can be reached at (305) 569-2518, Courtroom 1-2, 3100 Ponce de Leon Blvd, Miami, FL 33134.

The underlying motion must be filed with the Clerk before uploading any proposed order, or the proposed order will be rejected and must be resubmitted.

Documents submitted with proposed orders are not e-filed by the Clerk; parties must e-file them through the Florida Courts E-Filing Portal.

Proposed orders must not be submitted to chambers by mail or email unless the Court instructs otherwise.

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