Diana Vizcaino — Circuit Family FC 47

Diana Vizcaino

• Division: Circuit Family
• Section: FC 47
• Court Location: Lawson E. Thomas Courthouse
• Phone: (305) 349-6001
• Room: CHC 2025
• Judicial Assistant: Julissa Garrison

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 ALL ATTORNEYS AND SELF REPRESENTED LITIGANTS MUST SIGN UP FOR AN ACCOUNT AT FLORIDA COURTS E-FILING PORTAL at https://www.myflcourtaccess.com/ for filing pleadings or motions with the clerk. Please be aware that in order to activate your portal account a pleading must be filed at the time of registration. Therefore, it is recommended that any Self Represented litigant signing up for the first time file a "Notice of Designation of Email" which can be found using this linkhttps://www.flcourts.org/content/download/403113/3457012/915.pdf 

and

Sign up for COURTMAP for submitting proposed orders and scheduling with your assigned Judge.
link: https://www.jud11.flcourts.org/Programs-and-Services/Online-Services/courtMAP

The judges will be using the ZOOM platform for most hearings.  It is FREE.  If you are unfamiliar with the Zoom platform, please go to the ZOOM training page website to learn how to access the platform for use.   

Zoom training page:
https://support.zoom.us/hc/en-us/articles/206618765-Zoom-Video-Tutorials
 
Zoom Live Training page:
https://support.zoom.us/hc/en-us/articles/360029527911

We ask you to assist us by learning how to utilize ZOOM and your patience with us as we learn along with you.  We are committed to the continued delivery of justice in the face of this pandemic.

Please refer to the drop-down boxes to the right of the screen for clear instructions on how to proceed for specific types of calendars. 

LINK FOR EVIDENCE PROCEDURES IN FAMILY:
https://www.jud11.flcourts.org/Florida-Courts-eFiling-Portal 
https://www.myflcourtaccess.com/authority/trainingvideos.html
SETTLEMENT FOR FINAL HEARINGS/NON-JURY TRIALS


Parties that have reached an agreement must immediately file an MSA and/or PP(If applicable) signed by both parties and notarized
Submit a Proposed FJ through CourtMap
Contact chambers to advise of the settlement and submission to CourtMap

Please note: Unless these steps are taken, ALL PARTIES ARE EXPECTED TO APPEAR IN COURT AND BE READY FOR TRIAL.

ELEVENTH JUDICIAL CIRCUIT STANDARDS OF PROFESSIONALISM AND CIVILITY I.2.
Upon receiving an inquiry concerning a proposed time for a hearing, deposition, meeting or other proceeding, a lawyer should promptly agree to the proposal or offer a counter suggestion that is as close in time as is reasonably available, and lawyers should cooperate with each other when conflicts and calendar changes are reasonably necessary. Only after making a reasonable effort to confer with opposing counsel should attorneys unilaterally schedule depositions, hearings or other matters. 

Judge	Section	Room	Telephone
Cuesta, Ivonne	FC 01	CHC 3045	305-349-6162
Del Rey, Marcia	FC 29	CHC 1925	305-349-5735
Multack, Spencer	FC 28	CHC 2314	305-349-5744
Sarduy, A George	FC 16	CHC 2015	305-349-5680

Additional Instructions

EMERGENCY MOTIONS MUST BE UPLOADED VIA COURTMAP ONCE FILED AND MUST CONTAIN A STATEMENT INDICATING THAT OPPOSING COUNSEL HAS BEEN NOTIFIFIED IN AN ATTEMPT TO RESOLVE THE MATTER IN AN AMICABLE MANNER.

When filing through the E-FILING PORTAL please add
11thFC47@jud11.flcourts.org 
 to the E-Service list.

Please be aware the above email address will only accept emails directly from the E-FILING PORTAL and will reject all other emails sent from other email addresses.

Upon filing the motion, please upload your emergency motion and request for hearing to CourtMap under the section labeled 'Emergency Motions,' then CALL CHAMBERS at 305-349-6001 TO ADVISE US OF THE EMERGENCY SO THAT THE MATTER CAN BE DEALT WITH IMMEDIATELY.

The Judge will read and respond to all emergencies. 
Hearings will be held in court or remotely via ZOOM. 

All emergencies will be handled on a case-by-case basis and the parties must follow the emergency procedures listed on this website.

 If an emergency motion is being filed on or after 5pm, on a weekend, or during Court Holiday, the party filing the emergency motion MUST contact the emergency judge on duty.
Please note that a motion has to be deemed an emergency by the judge prior to being set as an emergency.

Motion Calendar Information

Type: Closed

Notice Before Hearing: 7 Calendar Days

Files at Hearing: None

Day	Time	Cap	From	To
Wednesday	10:00 AM	25	01/11/2023	Ongoing
Friday	10:00 AM	25	01/13/2023	Ongoing

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Additional Instructions

REMOTE 5 MINUTE MOTION CALENDAR

Motion Calendar will be held for NON-EVIDENTIARY matters every Wednesday and Friday at 10:00 AM. 

This calendar will be heard ZOOM.

**Motions to withdraw as attorney of record, do not require a hearing provided there is consent. Simply submit proposed order via CourtMap.

Instructions for setting:
On the E-FILING PORTAL, file the Motion with any exhibits. Include 11thFC47@jud11.flcourts.org in all filings.

On the E-FILING PORTAL, E-SERVE the opposing side with your filing.

On COURTMAP, coordinate with opposing party and select the date to have the motion heard. Once a date is agreed upon you may set the hearing using in the Motion Calendar slot. As supporting documents, attach the motion and any responses with an e-file stamp.

On COURTMAP also include as supporting documents a Notice of Hearing.The notice of hearing must be filed with the Clerk at least 7 business days prior to the hearing, not including the day of the hearing.  PLEASE BE ADVISED THAT ALL NOTICES NOT FILED IN A TIMELY MANNER WILL BE REJECTED.


The Judge will rule on 5-minute motions without the need for a hearing when possible.  Unless you receive an order ruling on the motion, you must be available on the selected date and time for one hour as the Judge will be calling motions one at a time.

If the hearing will not take place, the party setting the hearing should file Notice of Cancellation and Cancel the hearing on courtMap.

PLEASE BE ADVISED THE DIVISION EMAIL IS FOR PORTAL PURPOSES ONLY. IT IS NOT FOR EMAIL COMMUNICATION.

Go to courtMAP Additional Instructions

ALL CASES MUST ATTEND MEDIATION PRIOR TO TRIAL.

Please contact the JA for a referral to Mediation. 11THFC47@JUD11.FLCOURTS.ORG

Once the Mediator’s report has been filed, file a Notice for Trial through the e-portal or with the clerk’s office.

Once the Notice has been accepted into the e-portal or filed with the clerk you may contact the Judicial Assistant for a Case Management date.

- Trial dates will be given as follows :
    1. The parties are required to attend a case management conference
    2. At the case management the parties must present their Mediator's Report and Notice of Trial. The parties must also agree            the case is ready for trial.
    3.  All trial dates will be given in open court by the Judge 

-Once your trial date has been accept you will receive a trial order via Courtmap.  All of the following must be attached as supporting documents:

    1. Petition
    2. the answer and/or Answer and Counter Petition
    3.  answer to the Counter Petition, if one exists. 
    4.  Mediator's report. Any partial agreements, should they exist.
    5.  Notice of Readiness for Trial 
    6. Twenty (20) days prior to the trial the Pre-trial Catalogues must be uploaded.

PLEASE DO NOT MAIL COPIES OF NOTICES TO CHAMBERS.  All of the supporting documents listed above must have an e-file stamp.     

***Please review the administrative order on evidence, linked below, for instructions on how to upload and present evidence any and all special set hearings and/or trials.
https://www.jud11.flcourts.org/judges_forms/7212459244-Family%20Evidence%20Procedure.pdf

Should the case resolve prior to the scheduled trial date, the party who filed the Notice must immediately, file a notice of cancellation through the e-portal and contact chambers to remove the case from calendar and schedule a UCD date.

If a Notice of Cancellation is not filed and a phone call is not placed to chambers, the Judge will expect the Parties to appear in court on the scheduled date.

Additional Instructions

ALL PROPOSED ORDERS SHALL BE SUBMITTED VIA COURTMAP. PLEASE BE SURE YOUR ORDERS ARE TITLED PROPERLY.

YOU MUST INCLUDE THE OPPOSING PARTY IN ALL SUBMISSIONS VIA COURTMAP

COURTMAP is ONLY for the submission of proposed orders.  Once an order is submitted, the Judge will review and sign it electronically.  The orders will then be uploaded to the court file and emailed to the parties.   

DO NOT use COURTMAP to FILE motions or any other pleading. Use EPORTAL for any filings to the court file. 

ALL COURTMAP submissions MUST include a COVER LETTER.
         The COVER LETTER MUST address the following:
   Whether the matter has been heard 

    Date of the hearing (if previously heard) 

    Title of the motion  

     The proposed order has been sent to the opposing party

     Whether opposing party agrees with the proposed order    

ALL PROPOSED ORDERS SENT WITHOUT THE ABOVE  COVER LETTER ARE CONSIDERED EXPARTE COMMUNICATIONS AND WILL NOT BE READ BY THE JUDGE. 

A. Proposed orders for all matters that have previously been heard must include the following SUPPORTING DOCUMENTS:
1. A cover letter that complies with the above requirements, in PDF format.

2. A copy of the motion in PDF format.

3. A proposed order in the appropriate Courtmap format. Please do not use preset templates or fillable forms as some do not allow for electronic signature. Any order which cannot be electronically signed will be rejected.

* Both parties shall make every effort to agree and submit ONE order that conforms with the Court’s ruling.If you cannot agree, then both parties may send competing orders.

B. Proposed orders for matters that have not been heard must include the following SUPPORTING DOCUMENTS:
 1. A cover letter that complies with the above requirements, in PDF format.   

 2. A copy of the motion in PDF format.

 3. A proposed order in the appropriate Courtmap format.  Please do not use preset templates or fillable forms as some do not allow for electronic signature.  Any order which cannot be electronically signed will be rejected.

The following proposed orders for matters that have not been previously heard will be accepted via COURTMAP:

                        Motions to Compel Mandatory Disclosure

                        Motions to Withdraw (require a consent signed by the client advising the he/she consents to the entry of the order and understands that the matter will not be delayed because of the withdrawal of the attorney)

                        Motions for Substitution of Counsel

                        Final Judgments of Paternity (with an MSA and Parenting plan)

                        Agreed orders on all issues except as described below


The Court will not accept the following matters via COURTMAP:

                        Motions for Continuance

                        Motions for Default                       

                        Motions for Contempt

PROPOSED EXPARTE ORDERS WILL BE ACCEPTED FOR:

PROPERLY FILED EXPARTE MOTIONS TO COMPEL DISCOVERY

LEGALLY FILED EMERGENCY EXPARTE  MOTIONS FOR INJUNCTIVE RELIEF

If there are conflicting orders, then parties need to submit their order to judicial assistant.  

Go to courtMAP Additional Instructions

SPECIAL SET HEARINGS AND CASE MANAGEMENT CONFERENCES
Printed courtesy copies submitted via mail are appreciated.   

Instructions for setting hearings for SPECIAL SET MOTIONS:

On the E-FILING EPORTAL, file the Motion and a Request for Hearing, with the Clerk's Office.  Add 11thFC47@jud11.flcourts.org to the courtesy copy email list.   

Once these documents are filed, you may email the Judicial Assistant to coordinate a hearing date with opposing counsel.

To schedule a hearing for more than one 15 minutes, email the Judicial Assistant at jgarrison@jud11.flcourts.org (copying all parties) with the case information, the amount of time you are seeking and the reason for that amount of time. Please attach a copy of the motion and relevant information necessary to schedule the hearing.

PLEASE DO NOT NOTICE YOUR HEARINGS UNLESS YOU HAVE RECEIEVED THE CONFIRMATION THAT THE HEARING IS SET. IF THE OPPOSING PARTY IS NOT REGISTERED FOR COURTMAP YOU MUST GENERATE YOUR OWN NOTICE WITH AN APPROPRAITE CERTIFICATE OF SERVICE AND MAIL IT TO THE OPPOSING PARTY.


Please MAIL COPIES OF THE MOTION TO CHAMBERS IF IT'S MORE THAN 25 PAGES.

Hearings WILL BE HELD VIA ZOOM OR IN-PERSON

ONCE A SPECIAL SET HEARING IS APPROVED: All responses, replies must be submitted via courtMap at least three (3) business days prior to the hearing date.

*ADD-ON MOTIONS TO SPECIAL SET HEARINGS ARE NOT PERMITTED

***Please review the administrative order on evidence, linked below, for instructions on how to upload and present evidence any and all special set hearings and/or trials.

https://www.jud11.flcourts.org/judges_forms/7212459244-Family%20Evidence%20Procedure.pdf

CANCELLATION OF HEARINGS:
If you reach a resolution after a hearing has been scheduled, the party that requested the hearing must, IMMEDIATELY UPON REACHING A RESOLUTION, file a Notice of Cancellation with the Clerk or thru E-Portal  AND CALL CHAMBERS to remove the matter from calendar. 
If a Notice of Cancellation is not filed AND a phone call is not placed to chambers, the Judge will expect the Parties to appear in Court via ZOOM or phone conference on the scheduled date. 

PLEASE BE ADVISED THAT THE DIVISION EMAIL IS FOR PORTAL PURPOSES ONLY. IT IS NOT FOR EMAIL COMMUNICATION.

DOMESTIC VIOLENCE: DV hearings cannot be cancelled or continued without being address by the Court, and on the record. If an attorney is unable to appear for a hearing, they must file a motion to continue, which will be addressed at the beginning of the hearing. The client is NOT excused. Any voluntary dismissals, and final orders MUST still be address at the time of hearing, with both parties present.

Please note that emailing judicial assistant any documents or exhibits is not needed and will not have them filed.

Go to courtMAP UCD Calendar Information

Type: Closed

Notice Before Hearing: 7 Business Days

Files at Hearing: None

Day	Time	Cap	From	To
Thursday	9:00 AM	30	09/28/2017	Ongoing

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Hearing Documents

• SUPPLEMENTAL AFFIDAVIT FOR PATERNITY
• SUPPLEMENTAL AFFIDAVIT FOR DISSOLUTION

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Additional Instructions

Remote UCD CALENDAR 

Once your case is resolved,

On COURTMAP:

1. Click on Uncontested Calendar which is under the special set category, for the Division/Judge.

2. Place your case on calendar for your chosen date.

3. Attach the following supporting documents (with an e-file stamp): 
a. Petition or Counter Petition
b. Answer or Answer/Waiver
c. Marital Settlement Agreement and/or Parenting Plan.
d. If the Petition has been defaulted please attach the Order of Default.
e. A legible copy of the Petitioner's and/or Counter Petitioner’s Valid Driver's License, Florida State ID or Voter’s Registration card (does NOT require an E-file Stamp)
f. Supplemental Affidavit for Remote Uncontested Hearings that MSA and/or PP in best interest of child, signed by both parties. This affidavit is required even if there is no MSA or PP. (please see hearing documents above for a copy)   
g. Financial Affidavits
h. UCCJEA Affidavit

All requests for Uncontested hearings without these supporting documents with an e-file stamp will be rejected.

Attorneys: Please send a proposed Final Judgment to the Judge via COURTMAP, including a cover letter advising the Judge that this is a proposed Final Judgement. You must submit a Proposed Final Judgement through CourtMAP under PROPOSED ORDERS. Please ensure any supporting documents including the driver's license is attached to the proposed final judgement under the "supporting documents" section. IF ALL DOCUMENTS ARE NOT UNDER SUPPORTING DOCUMENTS WITH YOUR PROPOSED ORDER IT WILL BE REJECTED.
  

Self-Represented Litigants:  You will not have to appear in court. The Judge will prepare a final judgment and you will receive a copy via CourtMAP. 

Go to courtMAP

Documents and forms this judge posts

• https://www.jud11.flcourts.org/judges_forms/7212459244-Family%20Evidence%20Procedure.pdf
• SUPPLEMENTAL AFFIDAVIT FOR PATERNITY
• SUPPLEMENTAL AFFIDAVIT FOR DISSOLUTION