Judge Yeney Hernandez
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
Notice of Hearing is limited to 5 pages per side.
- Notice of hearing
- Up to 5 pages per side
Court's wording
Within one business day of the Court confirming the date and time for the hearing, the parties shall file a Notice of Hearing, no longer than five (5) pages per side, that outlines the discovery matters to be heard (e.g., “the parties dispute the appropriate timeframe for Plaintiff’s Interrogatory Nos. 1-3”) and the respective positions of the parties.
Document Filing Requirements7 rules
Counsel must certify that they engaged in such good faith efforts in attempting to resolve the dispute in compliance with Local Rule 7.1(a)(3).
Exhibit C shall not contain any legal argument, but the parties may highlight relevant passages of the relied-upon legal authorities and provide parentheticals in the list of citations.
The Notice of Hearing shall include a certificate of conferral that fully complies with Local Rule 7.1(a)(3).
- Document
- Notice of hearing
Must include
- •Certificate of conference
The Notice shall not include any argument; the purpose of the Notice is merely to frame the specific discovery issues to be heard by the Court during the hearing and succinctly explain the dispute.
Notice of Hearing must include Exhibits A (proposed order), B (source materials), C (citations list and copies of authorities).
- Document
- Notice of hearing
Must include
- •Proposed order
Court's wording
The parties must attach the following exhibits to the Notice: (A) A short, proposed order setting forth the specific relief requested; (B) A copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and accompanying responses); (C) A list of citations for any legal authorities upon which the parties intend to rely at the hearing, as well as a copy of those authorities.
No additional materials after Notice of Hearing is filed; amendments require emailing Chambers for leave.
Court's wording
No additional materials may be submitted after the Notice of Hearing has been filed. If the parties need to amend the Notice of Hearing for any reason, they must email Chambers requesting leave of the Court to do so.
Court will not enter stipulated orders extending discovery response deadlines or unlitigated discovery agreement orders.
Court's wording
The Court does not enter stipulated orders extending the due date for discovery responses, nor does the Court enter orders memorializing discovery agreements between the parties that were not otherwise litigated before the Court.
Filing & Service rules
Filing Timing and Cure Windows
Parties have 28 days (plus 7-day extension per Local Rule 26.1(g)(2)(C)) to make good-faith resolution efforts for discovery disputes; unapproved extensions are invalid.
The parties must promptly notify the Court of discovery disputes as required by Local Rule 26.1(g)(2). The Court strictly enforces this rule and interprets the twenty-eight-day window as the time during which the parties must make good-faith resolution efforts, subject to the seven-day extension permitted under Local Rule 26.1(g)(2)(C). Unapproved extensions agreed to by the parties shall not be recognized.
Civil cases
Page 1 | I. DISCOVERY DISPUTE PROCEDURES B. Timing
Discovery dispute resolution must be completed before the discovery cutoff date; no court intervention or remedies are available after the cutoff.
resolution of discovery disputes, be fully completed prior to the expiration of the discovery cutoff date. Under Local Rule 26.1(d), no Court intervention or remedy will be available to either party after the cutoff date.
Civil cases
Page 2 | I. DISCOVERY DISPUTE PROCEDURES B. Timing
Notice of Hearing must be filed within one business day of Court confirming hearing date and time.
Within one business day of the Court confirming the date and time for the hearing, the parties shall file a Notice of Hearing, no longer than five (5) pages per side, that outlines the discovery matters to be heard (e.g., “the parties dispute the appropriate timeframe for Plaintiff’s Interrogatory Nos. 1-3”) and the respective positions of the parties.
Civil cases
Page 3 | I. DISCOVERY DISPUTE PROCEDURES C. Notice of Hearing
Service and Proof of Service Rules
Objections to the scope of a deposition notice must be timely served, not filed, in advance of the deposition.
Objections to the scope of a deposition notice shall be timely served (not filed) in advance of the deposition.
Civil cases
Page 7 | E. Objections to Scope of 30(b)(6) Notices for Deposition
Pre-Motion Conference Requirements
Parties must confer in good faith (in person, video, or phone, not just email) before seeking court intervention for discovery disputes.
If a discovery dispute arises, the parties must confer either in person, by videoconference, or by telephone, and engage in a good faith effort to resolve the dispute before seeking Court intervention. Email correspondence alone is insufficient. Counsel must certify that they engaged in such good faith efforts in attempting to resolve the dispute in compliance with Local Rule 7.1(a)(3).
Civil cases
Page 1 | I. DISCOVERY DISPUTE PROCEDURES A. Meet and Confer
Discovery motions under Rule 37 are prohibited without court leave; exceptions for stay discovery or extension of time to respond to discovery motions, which go to District Judge.
The parties shall not raise discovery disputes by motion under Federal Rule of Civil Procedure 37 absent leave of the Court. All discovery motions filed without leave will be stricken. This restriction on filing motions does not apply to motions to stay discovery or to motions seeking additional time or changes to the deadlines to respond to discovery. Those motions are to be filed on the docket for the District Judge’s consideration.
Civil cases
Page 2 | II. DISCOVERY HEARING PROCEDURES A. No Discovery Motions
Objections to Court-entered orders differing from proposed order must use discovery hearing procedures, no motion required.
If the Court enters an order that differs from the proposed order and the parties have an objection to the order as entered, they must follow the procedures for scheduling a discovery hearing so that objections may be heard by the Court without the need for the filing of a motion.
Civil cases
Page 4 | I. DISCOVERY DISPUTE PROCEDURES E. Agreed Orders
Chambers Communication Rules
Moving parties must email chambers within Local Rule 26.1(g)(2) timeframe to schedule discovery hearings, with specific subject line, date, and content requirements.
If after conferring the parties are unable to resolve their discovery dispute without Court intervention, the party seeking to enforce a discovery obligation or obtain protection from such an obligation (the “moving party”) shall set the matter for hearing as follows: The moving party must send an email to Judge Hernandez’s Chambers (Chambers_Hernandez@flsd.uscourts.gov) within the timeframe provided by Local Rule 26.1(g)(2), copying opposing counsel and providing at least three (3) dates within the next ten (10) days when all counsel are available for a hearing on the discovery issue. For each date provided, the moving party must indicate the availability of counsel as morning, afternoon, or all day. The email subject line should read “Request for Discovery Hearing on [Case Number and Case Name].” The email should not contain any argument or background concerning the discovery dispute.
Civil cases
Page 2 | II. DISCOVERY HEARING PROCEDURES B. Scheduling a Discovery Hearing
Moving party must state requested additional time in email to Chambers for discovery hearing.
If the matter requires additional time, the moving party must state in the email to Chambers the amount of time requested.
Civil cases
Page 3 | I. DISCOVERY DISPUTE PROCEDURES
For agreed orders, do not file motion; email Chambers proposed order in Word format with agreement statement.
If the parties have agreed to the entry of an order, the parties shall not file a motion for entry of the order. Instead, counsel shall email Chambers a copy of the proposed order in Word format, with a statement that the parties have agreed to entry of the proposed order.
Civil cases
Page 4 | I. DISCOVERY DISPUTE PROCEDURES E. Agreed Orders
Parties must email Chambers if all or some discovery disputes are resolved; file Notice of Cancellation if all resolved.
If the parties resolve all of the discovery disputes cited in the Notice of Hearing, the parties shall notify Judge Hernandez’s Chambers (Chambers_Hernandez@flsd.uscourts.gov) as soon as practicable and must file a Notice of Cancellation. If the parties resolve some, but not all, of the disputed discovery issues, the parties shall notify Chambers as soon as practicable via email of the specific discovery issues that no longer require Court intervention.
Civil cases
Page 4 | I. DISCOVERY DISPUTE PROCEDURES D. Cancellation or Modification of Hearing
Email communications are not evidence of conferral; counsel communications not evidence, but may be addressed orally at hearing.
does not recognize email communication as evidence of conferral, nor are counsel’s communications evidence for the Court’s consideration. Any communication between counsel that is relevant may be addressed orally during the hearing.
Civil cases
Page 4 | I. DISCOVERY DISPUTE PROCEDURES