Procedures verified June 25, 2026
Magistrate Judge Yeney Hernandez -- United States District Court, Southern District of Florida
Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, FL 33128
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Key Traps — Where Counsel Gets Caught
- 1. - The initial email to chambers requesting a discovery hearing must NOT contain any argument or background about the dispute -- only scheduling logistics.
- 2. - Strictly enforces L.R. 26.1(d): no Court intervention after discovery cutoff date.
- 3. - 28-day window strictly enforced.
- 4. - Rule 30(b)(6): scope objections must be served (not filed) in advance of deposition; adjudicated after deposition.
- 5. - Do not wait until end of discovery period -- failure to complete depositions before cutoff is not good cause for extension.
Quick Reference
| Topic | Rule |
|---|---|
| Chambers Copies | Conditional |
Procedural Briefing by Motion Type
S.D. Fla. · Standing Orders
Procedural Requirements
Key Traps
Compare to Other S.D. Fla. Judges
Procedural facts only. Judges shown to illustrate variance in this district.
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Before You File
Pre-Motion Conference
Model A -- No motion without leave (strictest version). "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." [fl-sd-mj-hernandez -- pre_motion_procedure]
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At Filing
Chambers Copies
Conditional
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Before the Hearing
Oral Argument
Hearing format is not informal; counsel must be fully prepared. 30 minutes per side unless extended by prior request in scheduling email. Proposed order with specific relief required as attachment to Notice of Hearing. No additional materials may be submitted after Notice is filed without leave. [fl-sd-mj-hernandez -- oral_argument_procedure]
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Background Rules
Chambers Contact
Email Chambers_Hernandez@flsd.uscourts.gov within the 28-day discovery window; copy opposing counsel. Subject line must read: "Request for Discovery Hearing on [Case Number and Case Name]." Email must NOT contain any argument or background about the dispute -- only scheduling logistics (provide >=3 available dates within next 10 days with AM/PM/all-day designation). [Judge Hernandez Discovery Procedures PDF]
Discovery Dispute Procedure District-default
Model A -- No motion without leave. Email Chambers_Hernandez@flsd.uscourts.gov within 28-day window; provide >=3 available dates within next 10 days with AM/PM/all-day designation. Within 1 business day of court confirming hearing, file Notice of Hearing (<=5 pages per side) framing issues only -- no argument in the Notice. Notice must attach: (A) proposed order with specific relief requested; (B) all source materials (interrogatories, responses, etc.); (C) list of legal citations + copies of authorities (may highlight passages and add parentheticals -- no argument). No additional materials after Notice is filed without leave. Email communications between counsel are not evidence; do not file conferral emails. [Judge Hernandez Discovery Procedures PDF]
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AI & Style Preferences
Additional Notes
Sources: Judge Hernandez's Discovery Procedures PDF (7 pages) from chambers page. Judge Hernandez runs the most structured and strictly enforced Model A procedure in the district. The chambers email address is Chambers_Hernandez@flsd.uscourts.gov (not hernandez@). Hearings are 30 minutes per side by default -- request additional time in the initial scheduling email if needed.
Sources & Currency
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Procedures verified June 25, 2026.
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