Jorge E. Cueto — Circuit Probate PMH 01

Jorge E. Cueto

• Division: Circuit Probate
• Section: PMH 01
• Court Location: Osvaldo N. Soto Miami-Dade Justice Center
• Phone: (305) 349-7135
• Room: OSJC 18.235
• Judicial Assistant: Lisette Garcia-Bermejo

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lgarcia-bermejo@jud11.flcourts.org (JA email)

mehernandez@jud11.flcourts.org (Bailiff email)

Motion calendar zoom link: 
https://zoom.us/j/98394512976
Meeting ID: 983 9451 2976

REQUIRED CHECKLIST CERTIFICATION FORMS

As of September 1, 2020, filings of petitions with proposed orders in CourtMap must include established checklist certification forms as supporting documents with your submissions.   A list of existing checklists can be found on our circuit website in the Probate Corner, along with the corresponding Administrative Memorandum.  See https://www.jud11.flcourts.org/Probate-Checklists. This procedure has been enacted to prevent frequently defective submissions and the resulting repeated rejections which cause unnecessary labor by the court.

The checklist certification forms must be filed through the e-filing portal and also uploaded as a supporting document to the petition through CourtMap. Failure to include the checklist certification form will result in summary rejection of your submission. 

Please be aware that the checklist contains a certification of compliance which must be signed by the lawyer.  If you cannot certify compliance with the requirements listed on the checklist, set the matter for a special set hearing. Call chambers if you have any questions related to this matter. Read the certification carefully.  You will be held accountable under the law if the court finds that your certification was inaccurate.


PETITIONS TO WAIVE ACCOUNTING FEES FOR GUARDIANSHIPS

Please note that accounting fees will not be waived unless an affidavit of indigency has been filed with the Clerk of Courts.  The Clerk of Court will review the affidavit to determine if the petitioner qualifies.  The Clerk makes that determination.  If they find that petitioner does not qualify for indigent status, accounting fees must be paid.  Indicate in your petition whether the Clerk has made the finding.

MOTIONS FOR SUBSTITUTION OF COUNSEL OR WITHDRAWAL

If you are submitting an order on a Stipulation for Substitution of Counsel, you must submit the written consent of the client.  Additionally, the name and bar number of the substituted attorney must be included within the body of the proposed order.
On motions to withdraw as counsel, you must use our form order found on our web site.

EXPARTE MOTIONS TO COMPEL 
Ex-Parte Motions to Compel must contain a certification of “good faith effort” required by Rule 1.380(a)(2).  Failure to confer prior to submitting a motion to compel may subject you to sanctions.

Motion Calendar hearings are via zoom.  Special sets hearings are held via zoom.

NO need to submit any courtesy copies or binders via mail.   Any paperwork that the Judge needs to view for a hearing needs to be on the docket.  If the Judge requires anything else for the hearing, the office will notify you. 

• Final Disposition Form
• Special Set Request Form

Judge	Section	Room	Telephone
Colodny, Yvonne	PMH 05	OSJC 17.230	305-349-7117

Additional Instructions

EMERGENCY PETITIONS

True emergencies are few and far between.  Do not submit a matter as an emergency because you failed to timely address issues or because you think the matter will be dealt with on an expedited basis.  This division reviews all pending submissions several times a day and motions are either granted or rejected in an expeditious manner.

If your motion is a true emergency, the motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar. If there is an opposing lawyer,  the motion must contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner. 

Once the Court reviews the emergency motion, the parties will receive an email with instructions on how to proceed.

Please see the new link below to the Administrative Memorandum regarding procedures for service of motions to disqualify.  

https://www.jud11.flcourts.org/docs/Administrative%20Memorandum%20_Service%20of%20MTD%20on%20Judges%20-%2010-14-2021.pdf

Go to courtMAP Additional Instructions Go to courtMAP Hearing Documents

• Order to Withdraw

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Additional Instructions

PROPOSED ORDERS

Do not submit proposed orders related to a hearing prior to that hearing taking place. 

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.

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.

Generally, agreed orders are those resulting from adverse parties coming to a concurrence about a particular issue. “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 proposed order tab for case manager review.  Only submit agreed orders meeting this definition under the Agreed Order tab.



Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders.  You filing something with the clerk does not make the court aware of its existence.  You must either set the matter for hearing if need be, or submit your petitions, supporting documents and proposed orders via courtMap.

STATUS OF ORDERS

To check the status of a proposed or agreed order, please log on to courtMAP and access the workbench folder.  A list of all pending, approved and rejected submissions appear in the workbench folder. 

Go to courtMAP Additional Instructions

INSTRUCTIONS ON HEARINGS
  All hearings, special sets or motion calendar must have the docket entry number on the notice of hearing (and, if applicable, the request forms).  If it's an evidentiary matter, please indicate it in the notice of hearing or request.

Please download the Zoom application, which you may use for free, at https://zoom.us/.  

Once your request for a hearing via Zoom is received and approved, you will receive an Outlook invitation for your scheduled hearing.  Please do not call the Judicial Assistant. This information will be sent to you automatically.  If you do not receive an invitation for the hearing via Outlook within 24 hours prior to your hearing start time, do contact chambers.

Store the link provided in the invitation on your computer calendar and log in at the appointed time.  You must also share the link with your clients, opposing counsel, or any interested parties who do not appear on the service list.

You may appear telephonically or via video on Zoom, unless you expect to render sworn testimony.  In such a case, you must appear by video.

If you are aware that an interested party, or someone who is required to appear does not have access to necessary technologies, please cancel the hearing because the court will not proceed under those circumstances.

Please remember to be patient with all parties as we become accustomed to this new way of operating.  You are expected and required to observe proper decorum and procedure as in any other court appearance.

REQUESTS FOR SPECIALLY SET HEARINGS 


To schedule a specially set hearing with Judge Cueto, the moving party must coordinate the date and time with opposing counsel based on the Court's availability, which is found on courtMap. Once the parties reach an agreement as to the setting, the moving party shall submit a copy of the filed motion to chambers with the notice of hearing that is generated by courtMap.   A notice of hearing should NOT be filed or submitted by either side at this point.

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 detailing 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 indicating same.  A notice of hearing will be e-filed and served upon the parties via courtMap.  


ADD-ON motions to specially set hearings are not permitted without leave of Court.

If you are attempting to schedule a hearing for more than one half hour, you must submit the special-set form found on our web site to the judicial assistant.  Please attach a copy of the court's request form, the motion and any other relevant materials to your submission. 


TO CONFIRM A SPECIAL SET HEARING:  Moving parties may check the workbench/approved folder via courtMAP.  All parties may confirm hearings by inputting the case number under calendar, select events by case number, and clicking on the magnifying glass.  A list of all upcoming hearings on the case searched will appear.  Hearings that appear in green or "ready" are confirmed.  Hearings that appear in gray or "cancelled" are not set.   

CANCELLATIONS OF SPECIALLY SET HEARING: If you need to cancel a special set hearing, you must call at chambers, (305) 349-7135.  You must also inform all parties involved.  Please note that parties will not be able to cancel a special set hearing on courtMAP.

Go to courtMAP

Documents and forms this judge posts

• Final Disposition Form
• Special Set Request Form
• Order to Withdraw