Judge Jose L. Fernandez
Individual Rules, Standing Orders & Policies
Adjournments
- Motions to extend the period granted in an Order to Progress must be submitted on courtMAP with a proposed order and will be granted only upon a showing of reasonable, supported good cause.
- The lapse of the 12/24-month letters of administration period to close the estate is not good cause for an extension.
- To cancel a special set hearing the movant must confer with opposing counsel; if unopposed, e-file a Notice of Cancellation and email a copy to chambers, and if objected, the Court decides on written submissions only.
Request must include
Communication
Chambers
Chambers
Document Format Requirements1 rule
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Please read the instructions at the top of the checklist. Docket entry numbers go on the line provided before the required filing.
Summary: On checklists, docket entry numbers must be placed on the line provided before the required filing.
Document Filing Requirements8 rules
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AO 22-02 requires the inclusion of docket/index identifiers in orders and notices of hearing.
Summary: Orders and notices of hearing must include the docket/index identifier required by Administrative Order 22-02.
Document Type
Orders And Notices Of Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Court is NOT alerted to the filing of a motion unless a proposed order is submitted on courtMAP. For example, if you receive an order to progress and you file a motion for extension, the Court will not see your motion for extension unless a proposed order is submitted on courtMAP.
Summary: Every motion must be accompanied by a proposed order submitted on courtMAP or the Court will not be alerted to the motion.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Petition/Motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar.
Summary: Emergency petitions/motions must contain a certification that the matter is a true emergency that cannot wait for the motion calendar.
Document Type
Emergency Petition Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
If the matter has been heard by the court, include the words “Post Hearing” in the title of your proposed order. That signals to the case manager that the Court has considered and ruled upon any issues during the hearing.
Summary: Proposed orders for matters already heard by the Court must include the words 'Post Hearing' in the title.
Document Type
Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
The required information goes at the very top of the order and under the title of the order. The required information does not go in the body of the order. There are two ways to comply with AO 22-02. Either one is sufficient. 1) Typing the docket entry number, e.g., DE 40, or 2) Typing the e-filing information, i.e., the e-filing number, the date filed, and the name of the motion.
Summary: The AO 22-02 information must be placed at the very top of the order under the title (not in the body) and may be provided either as the docket entry number or as the e-filing number, filing date, and motion name.
Document Type
Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
If you are submitting a proposed order after a hearing, you must submit a cover letter that includes the hearing details and the Court's oral ruling.
Summary: A proposed order submitted after a hearing must be accompanied by a cover letter including the hearing details and the Court's oral ruling.
Document Type
Post Hearing Proposed Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Checklists are mandatory not optional. Setting a matter for hearing on an issue that otherwise requires a checklist will not relieve counsel of the duty to file the appropriate checklist.
Summary: Checklists are mandatory; setting a matter for hearing does not relieve counsel of the duty to file the appropriate checklist.
Document Type
Checklist
The quote is in the court's document. The summary is not checked yet.Mandatory?
Emergency Petition/Motion MUST contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner.
Summary: Emergency petitions/motions must state that opposing counsel was notified in an attempt to resolve the matter amicably.
Document Type
Emergency Petition Motion
Filing & Service rules
Electronic Filing Rules
Emergency petitions/motions must be e-filed and appear on the Clerk of Court's docket before being uploaded to courtMAP.
The Emergency Petition/Motion must be e-filed and appear on the Clerk of Court’s docket prior to uploading to courtMAP.
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Page 1 | Additional Instructions - Emergency Petition/Motion
Only orders resulting from concurrence between adverse parties may be submitted under the Agreed Order tab; non-adversary proposed orders (e.g., all beneficiaries agreeing) must be submitted under the case manager tab.
Only submit agreed orders meeting this definition under the Agreed Order tab. “Agreed” does not mean that all parties on one side of an issue have concurred. An example would be when all beneficiaries agree to a particular matter. Even when that occurs, your proposed order must be submitted under the case manager tab for case manager review.
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Page 1 | AGREED ORDERS
Responses to matters set on the Special Appointment Calendar must be e-filed with the Clerk and submitted via courtMAP under the 'Special Appointment' case number and hearing date.
Parties wishing to submit a response to a matter set on the Special Appointment Calendar must e-file the response with the Clerk of Court’s and submit the response via courtMAP under "Special Appointment" case number and hearing date, 10 days prior to the hearing date.
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Page 1 | SUBMITTING RESPONSIVE PLEADINGS / TO CONFIRM A SPECIAL SET HEARING
A Notice of Trial must be e-filed, and once it is on the docket a copy must be emailed to the judicial assistant with all interested parties copied.
E-file a Notice of Trial. Once the notice is on the docket, submit a copy via e-mail to jrosario@jud11.flcourts.org, insuring that all interested parties are copied on the email.
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Page 1 | Additional Instructions - Notice of Trial
Unsigned proposed orders must not be e-filed.
Do not e-file unsigned proposed orders.
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Page 1 | AGREED ORDERS
For special appointment hearings, the moving party must coordinate the date/time with opposing counsel based on courtMAP availability and ensure the petition/motion is e-filed and on the Clerk's docket.
The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP. Please ensure that the Petition/Motion to be heard at the Special Appointment Hearing has been e-filed and appears on the Clerk of Court's docket.
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Page 1 | Additional Instructions - Special Appointment Hearings / Special Set Hearings
Proposed orders with supporting documents must be submitted through the Case Manager queue, where the case manager reviews them and either rejects or forwards them to the judge for signature.
Most proposed orders with required supporting documents should be submitted under this tab. The case manager will review your submission for accuracy and legal sufficiency, and either reject your submission if it fails review or forward it to the judge for signature.
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Page 1 | CASE MANAGER QUEUE
Filing Timing and Cure Windows
Petitions/motions, case law and proposed orders must be submitted for review within 48 hours of setting the hearing, with the proposed order's title typed in the courtMAP title box.
Submit Petitions/Motions, case law and Proposed Orders for review within 48 hours of setting hearing. When submitting your proposed order, the title of the order must be typed in the title box provided by courtMAP,
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Page 1 | Additional Instructions - Special Appointment Hearings / Special Set Hearings
Specially set hearings are not scheduled until the Court approves the submission; rejected submissions receive a rejection notice with reasons, and approved submissions trigger a courtMAP email and an e-filed notice of hearing served via courtMAP.
Specially set hearings are NOT scheduled until they are approved by the Court. If the submission is rejected, the moving party will receive a rejection notice which will detail the reason for the rejection (this rejection will also appear in the submitter's workbench/rejected folder). Once the Court has approved the submission, the parties will receive an email from courtMAP. A notice of hearing will be e-filed and served on the parties via courtMap.
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Page 1 | Additional Instructions - Special Appointment Hearings / Special Set Hearings
Court-requested post-hearing orders must be circulated to opposing counsel and submitted for signature within 72 hours of the hearing.
Post hearing orders requested by the Court should be circulated to opposing counsel and submitted to the Court for signature within 72 hours of the hearing.
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Page 1 | CASE MANAGER QUEUE
Petitions and supporting documents must be filed and appear on the docket before any proposed order is submitted.
Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders.
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Page 1 | AGREED ORDERS
There is no Motion Calendar; hearings are set via the Special Set folder and the motion must be filed before a hearing date and time is selected.
Division PMH06 does not have a Motion Calendar; all hearings are scheduled via the Special Set folder. The motion must be filed before selecting a hearing date and time.
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Page 1 | SCHEDULING HEARINGS
Proposed orders or notices of hearing that do not comply with AO 22-02 will be rejected without review of any other requirements and must be corrected and resubmitted on courtMAP.
AO 22-02 authorizes the rejection of any proposed order or notice of hearing that does not comply with its directives, including the improper placement of the docket/index identifier. Submissions that are rejected for non-compliance with AO 22-02 are not checked for compliance with any other requirements including the applicable checklist. After correcting the issue, you must resubmit the order or notice on courtMAP and the Court will review the submission.
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Page 1 | Additional Instructions - Administrative Order 22-02
Responses to matters set on the Special Appointment Calendar are due 10 days prior to the hearing date.
Parties wishing to submit a response to a matter set on the Special Appointment Calendar must e-file the response with the Clerk of Court’s and submit the response via courtMAP under "Special Appointment" case number and hearing date, 10 days prior to the hearing date.
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Page 1 | SUBMITTING RESPONSIVE PLEADINGS / TO CONFIRM A SPECIAL SET HEARING
Special set hearings require at least 30 days' notice unless all counsel agree and the Judicial Assistant approves a sooner date; requests in the Special Set Requests queue are presumed compliant.
At least 30 days’ notice is required unless all counsel agree to, and the Court’s Judicial Assistant approves, a sooner date. The Court will presume that any request in the Special Set Requests queue is in compliance with this section.
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Page 1 | SCHEDULING HEARINGS
Submissions rejected for failure to file a checklist are not reviewed for compliance with any other checklist requirements.
Submissions that are rejected for failure to file a checklist are not checked for compliance with any other requirements of the applicable checklist.
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Page 1 | CHECKLISTS
Service and Proof of Service Rules
Service of motions to disqualify on judges is governed by the procedures in the linked Judiciary-Administrative Memorandum.
Procedures for Service of Motions to Disqualify on the Judiciary-Administrative Memorandum https://www.jud11.flcourts.org/docs/Administrative%20Memorandum%20_Service%20of%20MTD%20on%20Judges%20-%2010-14-2021.pdf
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Page 1 | Additional Instructions - Service of Motions to Disqualify
Pre-Motion Conference Requirements
Add-on petitions/motions to special set hearings require leave of Court.
ADD-ON Petitions/Motions to special set hearings are not permitted without leave of Court.
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Page 1 | Additional Instructions - Special Appointment Hearings / Special Set Hearings
Moving parties must make a good faith effort (at least 2 attempts) to coordinate hearing dates and times with opposing counsel based on the Court's courtMAP availability before a motion to compel may be filed.
There must be a good faith effort to coordinate dates and times for any hearing that involves multiple or opposing counsel. After 2 good faith attempts to coordinate hearing dates and times with other counsel, a motion to compel may be filed with the Court. The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP
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Page 1 | SCHEDULING HEARINGS
Motions requiring up to 60 minutes are heard by Zoom on morning calendars only, and attorneys must select the earliest available time slot for their hearing length.
ALL MOTIONS requiring up to 60 minutes shall be heard by Zoom and only on morning calendars. Attorneys shall select the earliest available time slot for the length of their hearing.
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Page 1 | SCHEDULING HEARINGS
Adjournment & Extension Requirements
Motions to extend the period granted in an Order to Progress must be submitted on courtMAP with a proposed order and will be granted only upon a showing of reasonable, supported good cause.
Prior to the expiration of the period granted in the OTP, counsel may respond to explain the reasons for the inactivity and request an extension or for the case to be placed on inactive status. The motion for extension must be submitted in courtMap with a proposed order. The Court is not advised that a motion for extension is filed unless it is submitted on courtMap with a proposed order. An extension will be granted if good cause is established. The length of the extension requested must be reasonable and supported by the good cause.
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Page 1 | ORDERS TO PROGRESS
To cancel a special set hearing the movant must confer with opposing counsel; if unopposed, e-file a Notice of Cancellation and email a copy to chambers, and if objected, the Court decides on written submissions only.
If you need to cancel a special set hearing, the movant cancelling a hearing must confer with, opposing counsel, if any. If there is no objection, the movant shall e-file a Notice of Cancellation and email a copy to chambers at jrosario@jud11.flcourts.org and egarcia@jud11.flcourts.org to inform the Court of the cancellation. If there is an objection to cancellation, the Court will decide whether to cancel based on written submissions only. The Court reserves the right to schedule the objection for hearing.
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Page 1 | SUBMITTING RESPONSIVE PLEADINGS / TO CONFIRM A SPECIAL SET HEARING
The lapse of the 12/24-month letters of administration period to close the estate is not good cause for an extension.
"The letters of administration grant 12/24 months to close the estate” is NOT good cause.
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Page 1 | ORDERS TO PROGRESS
Chambers Communication Rules
For hearings over 60 minutes, the movant must file the motion first, complete a special set request form, email it to the judicial assistant with all parties copied, and coordinate the date and time with all counsel and chambers.
For hearings that require more than 60 minutes, the movant shall comply with the following: - File the motion before requesting a hearing, - Fill out a special set request form, - Email the form to Judicial Assistant Jessica Rosario, - Copy all parties on the email to chambers, - Coordinate a date and time with all counsel and chambers.
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Page 1 | SCHEDULING HEARINGS
A copy of the e-filed Notice of Cancellation must be emailed to chambers at jrosario@jud11.flcourts.org and egarcia@jud11.flcourts.org.
If there is no objection, the movant shall e-file a Notice of Cancellation and email a copy to chambers at jrosario@jud11.flcourts.org and egarcia@jud11.flcourts.org to inform the Court of the cancellation.
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Page 1 | SUBMITTING RESPONSIVE PLEADINGS / TO CONFIRM A SPECIAL SET HEARING
Special set hearings are limited to 60 minutes; hearings longer than 60 minutes require emailing the Special Set form to chambers with all interested parties copied.
SPECIAL SET HEARINGS ARE LIMITED TO 60 MINUTES. -If you are attempting to schedule a hearing for more than 60 minutes, you must e-mail the Special Set form to chambers at jrosario@jud11.flcourts.org, insuring all interested parties are copied on the email.
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Page 1 | Additional Instructions - Special Appointment Hearings / Special Set Hearings
A copy of the docketed Notice of Trial must be emailed to the judicial assistant with all interested parties copied.
Once the notice is on the docket, submit a copy via e-mail to jrosario@jud11.flcourts.org, insuring that all interested parties are copied on the email.
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Page 1 | Additional Instructions - Notice of Trial