Yvonne Colodny — Circuit Probate PMH 05

Yvonne Colodny

• Division: Circuit Probate
• Section: PMH 05
• Court Location: Osvaldo N. Soto Miami-Dade Justice Center
• Phone: (305) 349-7117
• Room: OSJC 17.230
• Judicial Assistant: Nekeisha Sanders

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Nikki Sanders, JA (nsanders@jud11.flcourts.org)
Jose Benitez, Court Specialist (jbenitez@jud11.flcourts.org)

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.

INSTRUCTIONS ON HEARINGS

Please note:  Division 05 does not have a Motion Calendar, all hearings are set in the Special Set folder.  Please follow the rubric below to determine which calendar type in-person or Virtual/Zoom is appropriate.

5 – 10 minute motions shall be conducted by Zoom (only the judge can change the format).
All non-evidentiary hearing less than 30 minutes will be conducted by Zoom, unless all parties wish to have the hearing held in-person AND the Judge agrees.

All evidentiary hearings and Bench Trials will be conducted in-person, unless all parties wish to have the hearing held on Zoom AND the Judge agrees.

All Jury Trials will be conducted in-person.

In-Person Evidentiary Hearings:

All parties shall appear 30 minutes before the hearing to have evidence marked for identification.
Do not upload evidence onto the docket.
Advise chambers 24 hours in advance if courtroom technology will be required, so we can ensure that the technology is working and available for the hearing time.

Zoom Hearings:

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.
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 so necessary arrangements can be made for that interested party.
You are expected and required to observe proper decorum and procedure as in any other court appearance.

Evidentiary Hearings via Zoom: 
All parties must follow the Administrative Memorandum, dated June 28, 2021, for INTRODUCTION OF EVIDENCE IN REMOTE VIRTUAL EVIDENTIARY HEARINGS.

• Admin. Memo: Checklists
• Evidence Submission Process
• Admin Memo: Intro of Evidence - Virtual Hearings
• Admin. Order: 22-02
• Special Set Request Form
• Admin Memo - Guardian Credit History
• Admin Memo - Waiver and Consent Notarization

Judge	Section	Room	Telephone
Cueto, E Jorge	PMH 01	OSJC 18.235	305-349-7135
Fernandez, L Jose	PMH 06	OSJC 18.253	305-349-6108

Additional Instructions

The Emergency Petition/Motion must be e-filed and appear on the Clerk of Court’s docket prior to uploading to courtMAP.  The Petition/Motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar. 
Emergency Petition/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 Petition/Motion, the parties will either receive an email with instructions, a Court Order, or a Notice of Hearing via courtMAP.

Go to courtMAP Additional Instructions

E-file a Notice of Jury/Non-Jury Trial including length of trial. Once the notice is on the docket, submit a copy via e-mail to nsanders@jud11.flcourts.org and insuring all interested parties are cc'd on the email.

Go to courtMAP Additional Instructions

Do not e-file unsigned proposed orders.

Most proposed orders with required supporting documents should be submitted under this tab.  Submissions will be reviewed for accuracy and legal sufficiency and will be either reject your submission if it fails review or will be signed by the judge.

If the matter has been heard by the court, include the words “Post Hearing” in the title of your proposed order. 

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. Do not upload supporting documents as "Exhibits" to courtMAP.

All proposed orders must comply with Administrative Order 22-02.

Procedures for Service of Motions to Disqualify on the Judiciary-Administrative Memorandum

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

Go to courtMAP Additional Instructions

-The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMap. Please ensure that the Petition/Motion to be heard at the Special Appointment Hearing has been e-filed and appears on the Clerk of Court's docket.   
-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 which will detail 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.  
-Submit Petitions/Motions, case law and any other supporting documents to courtMAP for review no later than 48 hours prior to the set hearing.  
-ADD-ON Petitions/Motions to special set hearings are not permitted without leave of Court.
 

SPECIAL SET HEARINGS ARE LIMITED TO 60 MINUTES. 
-If you are attempting to schedule a hearing for more than 60 minutes, you must e-mail the Special Set form (located in the “Documents” section) to chambers at nsanders@jud11.flcourts.org and insuring all interested parties are cc'd on the email.  

SUBMITTING RESPONSIVE PLEADINGS: Parties wishing to submit a response to a matter set on the Special Appointment Calendar must e-file said Response with the Clerk of Court’s and submit the Response via CourtMAP under "Special Appointment" case number and hearing date, at least 5 days before the scheduled hearing date.

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.   

SPECIAL SET HEARING CANCELLATIONS: If you need to cancel a special set hearing, Movant cancelling a hearing must e-file a Notice of Cancellation and email a copy to chambers at nsanders@jud11.flcourts.org to inform the court of cancellation.

Go to courtMAP

Documents and forms this judge posts

• Admin. Memo: Checklists
• Evidence Submission Process
• Admin Memo: Intro of Evidence - Virtual Hearings
• Admin. Order: 22-02
• Special Set Request Form
• Admin Memo - Guardian Credit History
• Admin Memo - Waiver and Consent Notarization