Judge Christine Hernandez
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Email
- 1 copy • Upon Filing
Motion
- 1 copy • Email
Motion to Increase or Reduce Bond
- 1 copy • Email
Communication
Chambers
Phone
Chambers
Document Filing Requirements4 rules
Submit the Motion to have Defendant Declared Indigent for Costs along with supporting documentation, JAC's response, and a proposed order, to chambers.
- Document
- Motion to declare defendant indigent for costs
Include
- •Proposed order
Counsel should, at a minimum, attach a copy of the A-form and defendant's criminal history to the Motion, along with any other documents Counsel wants Judge Hernandez to consider in increasing or reducing bond.
An order may be submitted to chambers as long as accompanied by a motion signed by both parties or an email or other proof indicating agreement of both parties.
A Motion to Modify or Terminate should include the Probation Officer's, the State Attorney's, and - if applicable - the victim's position on the motion. If there is an objection, please include a copy of the original A Form and the defendant's criminal history.
Filing & Service rules
Electronic Filing Rules
The original motion must be filed with the Clerk's office.
The original motion must be filed with the Clerk's office.
Criminal cases
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
Filing Timing and Cure Windows
Motions in limine must be filed in writing at least five days before trial or, absent good cause, the Court may deny the motion.
Motions in Limine must be filed in writing five days before trial. Failure to do so, absent good cause, is sufficient basis for the Court to deny the Motion.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Nebbia hearing documents provided to Chambers before 2:45 p.m. will in most cases result in a hearing set for the next business day.
In most cases, the hearing will be set for the next business day if the documents are provided to Chambers before 2:45 p.m.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
For Arthur Hearings, the judge strongly encourages both parties to provide the videos, transcripts, and evidence they will rely on at least 72 hours before the hearing, with more voluminous materials provided earlier.
Although neither party is required to file a motion, Judge Hernandez strongly encourages both sides to provide any videos, transcripts, evidence, etc., upon which the parties will rely at the Arthur Hearing at least 72 hours prior to the Hearing. The more voluminous the materials, the earlier they should be provided to the Court.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection. It is the State's responsibility to determine whether the arresting agency has an objection to the granting of the motion.
The motion will be scheduled at least two weeks later to give the State sufficient time to determine if it, or the arresting agency, has an objection. It is the State's responsibility to determine whether the arresting agency has an objection to the granting of the motion.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Parties should provide any case law to the Court before the hearing.
If you have case law, please provide it before the hearing.
Criminal cases
Page 1 | MISCELLANEOUS POLICIES AND PROCEDURES
Service and Proof of Service Rules
Please make sure the opposing party has received a copy as well.
Please make sure the opposing party has received a copy as well.
Criminal cases
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
Courtesy Copy Requirements
Seal and expunge motions must be filed with the Clerk and a copy sent to chambers, after which the JA will email the calendar date.
File the original with the Clerk's office and send a copy to chambers. The JA will email the attorney's office with the date that the motion will be on calendar.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Motions to increase or reduce bond must be filed with the Clerk, and a copy must be emailed or hand delivered to chambers.
File the original with the Clerk's office and email or hand deliver a copy to chambers.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Suppression motions must be filed with the Clerk and a copy sent to chambers, after which the JA will calendar the case so the parties can select a special set hearing date.
File the original with the Clerk's office and send a copy to chambers. Judge Hernandez's JA will place the case on calendar soon thereafter so the parties can select a special set date and time for the hearing.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Courtesy copies of motions may be emailed to Division F009 because the Clerk does not provide the judge with copies of e-filed motions.
Courtesy copies may be provided by email. NOTE: The Clerk's office does not provide Judge Hernandez with copies of motions which Counsel submits through E-filing. Please serve Division F009 so that Judge Hernandez may directly receive a copy.
Criminal cases
Page 1 | METHOD OF PROVIDING COURTESY COPIES
Pre-Motion Conference Requirements
Before seeking an Arthur Hearing, defense counsel must first speak with the assigned ASA, and only if no agreement is reached may counsel email the JA to place the case on calendar for a bond status hearing.
Defense Counsel must first speak with assigned ASA to verify that the State will not agree to any pretrial release conditions. If the parties cannot reach agreement, Defense Counsel may email the JA to request that the case be placed on calendar for status regarding bond.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Defense Counsel should first present the documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the JA will call the attorney's office with the date for the Nebbia hearing.
Defense Counsel should first present the documentary proof to the State and inquire whether the State will stipulate the defendant has satisfied the Nebbia requirements. If there is no stipulation, submit the documents to chambers and the JA will call the attorney's office with the date for the Nebbia hearing.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
JAC indigency motions may be decided without a hearing unless JAC requests one or the judge has concerns, in which case the JA will contact the attorney and set a hearing.
If JAC does not request a hearing, the Court may enter the proposed order without a hearing after reviewing the documents. If JAC requests a hearing, or if Judge Hernandez has concerns after reviewing the Motion and supporting documentation, the JA will contact the attorney and set a hearing.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Adjournment & Extension Requirements
Counsel must bring deposition or discovery non-compliance to the Court's attention, and the Court may deny continuances if counsel has not filed Motions to Compel.
If witnesses are not appearing for deposition, or the opposing party is not meeting its discovery obligations, it is Counsel's responsibility to bring the matter to the attention of the Court. The Court may deny continuances in these circumstances if counsel has not filed Motions to Compel.
Criminal cases
Page 1 | MISCELLANEOUS POLICIES AND PROCEDURES
Motions for continuance may be made orally (ore tenus) at Sounding.
Motions for Continuance may be made ore tenus at Sounding.
Criminal cases
Page 1 | POLICIES AND PROCEDURES FOR SPECIFIC MOTIONS
Chambers Communication Rules
Send a copy of the motion to chambers by email. The JA will email the attorney's office with the date that the motion will be on the calendar.
Send a copy of the motion to chambers by email. The JA will email the attorney's office with the date that the motion will be on the calendar.
Criminal cases
Page 1 | PROCEDURES FOR PLACING MOTIONS ON CALENDAR
Division F009 chambers email address is F009@jud11.flcourts.org.
Email: F009@jud11.flcourts.org
Criminal cases
Page 1 | DIVISION 09 INFORMATION AND PROCEDURES
Division F009 chambers phone number is (305) 548-5613.
Phone: (305) 548-5613
Criminal cases
Page 1 | DIVISION 09 INFORMATION AND PROCEDURES