Court Rules

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

When is a filing treated as filed before Judge Joanne Marie Hernandez?

The rule addresses filing timing, filing status, or cure windows. 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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