Judge Nina W. Di Pietro
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Motion for Attorneys Fees and to Tax Costs
- 1 copy • Email • Upon Filing
Motion for New Trial
- 1 copy • Email
Motion for Rehearing, Motion for Reconsideration
- 1 copy • Email • Upon Filing
Motion, Other Document
- 1 copy • Email • In Advance of Hearing
Adjournments
- Before filing a Motion for Continuance (when both parties are represented), counsel must contact the opposing party about any objection, and the motion must state whether it is opposed or unopposed.
Request must include
Communication
Chambers
Phone
Chambers
Document Format Requirements1 rule
If you are sending a paper order to chambers, please make sure to attach stamped envelopes for all parties.
Document Filing Requirements7 rules
For ZOOM evidentiary hearings, each party must file an Exhibit List with a cover page briefly describing each exhibit and attached copies of all exhibits.
Court's wording
An Exhibit List, containing a cover page with a brief description of each exhibit intended to be introduced at trial, with attached copies of all exhibits must be filed with the Clerk of Court by each party (with a copy served on the opposing party) no later than five (5) days prior to the evidentiary hearing/Trial date.
When scheduling a remote hearing, you must include the below paragraphs including the ZOOM link in your Notice of Hearing.
The movant may submit a proposed e- order through CMS. The form of the order that must be used is attached to these procedures. Do not add any additional language to this form order (i.e. waiver of privilege, etc.).
The two (2) attempts shall be noted on the face of the Notice of Unilaterally Set Hearing.
A proposed order on withdrawal by consent must contain the specified language for individual parties and the specified warning language for corporate entities.
Court's wording
Your proposed order must contain the below language: For individuals: "ALL FUTURE PLEADINGS FOR THE ___[PARTY BEING WITHDRAWN FROM]____, SHALL BE SERVED UPON ____[INSERT NAME AND ADDRESS OF FORMER CLIENT]____." IF THE PARTY IS AN INDIVIDUAL, YOU MAY APPEAR ON YOUR OWN BEHALF AS A "PRO-SE" LITIGANT. For corporate entities: "IF THE PARTY IS A CORPORATION, FLORIDA LAW REQUIRES THAT A CORPORATION BE REPRESENTED BY AN ATTORNEY. FAILURE TO TIMELY RETAIN NEW COUNSEL WHO FILES AN APPEARANCE ON BEHALF OF THE CORPORATION WITHIN 20 DAYS FROM THE DATE OF THIS ORDER MAY RESULT IN THE ENTRY OF A DEFAULT OR THE STRIKING OF PLEADINGS."
When filing a Motion to Withdraw as Attorney of Record, you are required to include the client's contact information, including address and email address (if any) within the text of the motion.
Stipulations for Substitution of Counsel or Motions to Substitute Counsel shall be signed by both the former attorney and the new attorney taking the case over.
Filing & Service rules
Electronic Filing Rules
A letter explaining unavailability for a unilaterally set hearing must be e-filed as correspondence.
Your letter must also be e-filed as correspondence and a copy must be e-served on opposing counsel.
Page 1 | HEARING PROCEDURES - UNILATERALLY SET HEARINGS
Stipulations or Motions to Substitute Counsel must be e-filed, and a proposed Order of Substitution of Counsel may be uploaded through CMS.
Stipulations for Substitution of Counsel or Motions to Substitute Counsel must be e-filed and a proposed Order of Substitution of Counsel may be uploaded through CMS.
Page 1 | SUBSTITUTION OF COUNSEL
If clients consent in writing to withdrawal, no hearing is required; instead, counsel must e-file a Consent to Withdrawal signed by all clients and upload a proposed e-order through CMS.
If your client or clients consent to your withdrawal in writing, you do not need to set your Motion to Withdraw as Attorney of Record for a hearing. Instead, please e-file a Consent to Withdrawal (signed by all clients you wish to withdraw from) and upload a proposed e-order through CMS.
Page 1 | MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD
Proposed orders may be submitted as e-orders through CMS, or mailed or hand delivered to chambers at 201 S.E. 6th Street #13135, Fort Lauderdale, FL 33301.
Judge Di Pietro accepts e-orders through CMS. For assistance with e-orders, please refer to "eOrder Instructions" at www.17th.flcourts.org. You may also mail or hand deliver orders to chambers at 201 S.E. 6th Street #13135 Fort Lauderdale, FL 33301.
Page 1 | SUBMISSION OF ORDERS
Filing Timing and Cure Windows
The Exhibit List with attached exhibits must be filed with the Clerk of Court no later than five days before the evidentiary hearing/Trial date.
An Exhibit List, containing a cover page with a brief description of each exhibit intended to be introduced at trial, with attached copies of all exhibits must be filed with the Clerk of Court by each party (with a copy served on the opposing party) no later than five (5) days prior to the evidentiary hearing/Trial date.
Page 1 | HEARING PROCEDURES – EXHIBITS FOR EVIDENTIARY PROCEEDINGS
Service and Proof of Service Rules
A copy of the unavailability letter must be e-served on opposing counsel.
Your letter must also be e-filed as correspondence and a copy must be e-served on opposing counsel.
Page 1 | HEARING PROCEDURES - UNILATERALLY SET HEARINGS
Counsel must serve the client with the Motion to Withdraw and Notice of Hearing, and must include the client's name and contact information in the Certificate of Service for both documents.
You are also required to serve on your client a copy of the Motion to Withdraw as Attorney of Record and a Notice of Hearing. You must include your client's name and contact information in the Certificate of Service for both the Motion to Withdraw as Attorney of Record and the Notice of Hearing.
Page 1 | MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD
A copy of the filed Exhibit List must be served on the opposing party.
An Exhibit List, containing a cover page with a brief description of each exhibit intended to be introduced at trial, with attached copies of all exhibits must be filed with the Clerk of Court by each party (with a copy served on the opposing party) no later than five (5) days prior to the evidentiary hearing/Trial date.
Page 1 | HEARING PROCEDURES – EXHIBITS FOR EVIDENTIARY PROCEEDINGS
Courtesy Copy Requirements
After e-filing a Motion for New Trial, a courtesy copy must be emailed to div49@17th.flcourts.org with all parties cc'ed.
Once the Motion for New Trial is e-filed, please email a courtesy copy (with all parties cc'ed) to div49@17th.flcourts.org.
Page 1 | MOTIONS FOR NEW TRIAL
Upon filing a Rule 1.440(b) Notice for Trial, a courtesy copy of the Notice must be emailed to div49@17th.flcourts.org with all parties cc'ed.
However, if you file a Florida Rule of Civil Procedure rule 1.440(b) Notice for Trial, you must email a courtesy copy of your Notice (with all parties cc'ed) to div49@17th.flcourts.org.
Page 1 | NOTICES FOR TRIAL
A courtesy copy of your Motion for Rehearing or a Motion for Reconsideration shall be emailed (with all parties cc'ed) to div49@17th.flcourts.org.
A courtesy copy of your Motion for Rehearing or a Motion for Reconsideration shall be emailed (with all parties cc'ed) to div49@17th.flcourts.org.
Page 1 | MOTIONS FOR REHEARING AND MOTIONS FOR RECONSIDERATION
A self-represented party who files a Motion for Continuance must email a copy of the filed motion to div49@17th.flcourts.org with all parties cc'ed.
If a self-represented party files a Motion for Continuance, that party must send a copy of the filed motion to div49@17th.flcourts.org with all parties "cc'ed" in the email.
Page 1 | MOTIONS FOR CONTINUANCE
After filing a Motion for Attorney's Fees and to Tax Costs, a courtesy copy must be emailed to div49@17th.flcourts.org with all parties cc'ed.
Following the filing of a Motion for Attorney's Fees and to Tax Costs, you must email a courtesy copy (with all parties cc'ed) to div49@17th.flcourts.org.
Page 1 | MOTION FOR ATTORNEY'S FEES AND TO TAX COSTS
If an e-filed motion or document needed for a hearing has not yet been uploaded to the court file, a courtesy copy must be emailed to div49@17th.flcourts.org (cc'ing all parties) before the hearing; otherwise no courtesy copies are needed.
Therefore, if there is an e-filed motion or document that Judge Di Pietro needs to review for a hearing, and it has not yet been uploaded into the court file by the Clerk's office, you must provide a courtesy copy to Judge Di Pietro in advance of the hearing. Please attach the document in an email to div49@17th.flcourts.org. Please remember when emailing the division, you must "cc" all parties. Otherwise, you do not need to send any courtesy copies.
Page 1 | HEARING PROCEDURES - COURTESY COPIES OF CASE LAW AND OTHER DOCUMENTS
Sealing & Redaction Procedures
Exhibits containing confidential information such as bank account/routing numbers or social security numbers must be redacted (blacked out) before filing.
If an exhibit contains confidential information (including, but not limited to bank account and/or bank routing numbers, social security numbers, etc.), that confidential information must be redacted (blacked out) prior to the exhibit being filed.
Page 1 | HEARING PROCEDURES – EXHIBITS FOR EVIDENTIARY PROCEEDINGS
Pre-Motion Conference Requirements
When no default has been entered and both sides are represented, parties must consult on availability, and a moving party may unilaterally set a hearing only after two documented coordination attempts spaced at least 24 hours apart with at least 24 hours response time for the second attempt.
If a default has not been entered and both sides are represented by counsel, it is mandatory that all parties consult regarding the availability of the opposing side. A moving party may unilaterally set a hearing if the non-moving party fails to respond and/or participate in coordination after two (2) documented attempts, with at least 24 hours between each attempt, and a response time of at least 24 hours for the second attempt.
Page 1 | HEARING PROCEDURES - UNILATERALLY SET HEARINGS
Before scheduling a special set hearing, all parties must confer in a good faith attempt to resolve the issues.
All parties must confer prior to scheduling the hearing and in a good faith attempt to reach a resolution of the issues.
Page 1 | HEARING PROCEDURES - SPECIAL SET HEARINGS
For all other Motions to Compel, represented parties must make a bona fide effort to resolve each matter being compelled on an item-by-item basis.
For all other Motions to Compel, Judge Di Pietro requires all parties represented by counsel to make a bona fide effort to resolve each matter being compelled, on an item by item basis.
Page 1 | MOTIONS TO COMPEL DISCOVERY
Adjournment & Extension Requirements
Before filing a Motion for Continuance (when both parties are represented), counsel must contact the opposing party about any objection, and the motion must state whether it is opposed or unopposed.
If both parties are represented by counsel, you must contact the opposing party to see if they have any objection to a continuance before filing a Motion for Continuance. The Motion for Continuance must indicate whether the motion is opposed or unopposed by the other party or parties to the case.
Page 1 | MOTIONS FOR CONTINUANCE
Chambers Communication Rules
Because the Judge does not receive e-filed documents, a party who files something the Judge needs to see or act on (not already set for hearing) must alert chambers by phone call or email, cc'ing all parties.
Please be advised that when a pleading, motion, or other document is e-filed, the Judge does not receive a copy. If you file something that you would like Judge Di Pietro to see or act upon that is not already set for a hearing, you must alert our office by way of phone call or email. Please remember when emailing the division, you must "cc" all parties.
Page 1 | HEARING PROCEDURES - GENERAL INFORMATION
Parties are strictly prohibited from asking the Judicial Assistant or other court personnel to relay any message about their case to the Judge, as this constitutes prohibited ex-parte communication.
However, do not ask the Judicial Assistant or other court personnel to communicate any message about your case to Judge Di Pietro. This is ex-parte communication and is strictly prohibited.
Page 1 | HEARING PROCEDURES - SCHEDULING
Special set hearings longer than 30 minutes must be scheduled by email to div49@17th.flcourts.org containing the case number, motion title(s), time requested, and a narrowed time period, with all parties cc'ed.
All Special Set hearings over thirty (30) minutes long must be scheduled via email to div49@17th.flcourts.org. Please make sure your email request contains the case number, title of the motion(s) being scheduled, the amount of time being requested, and a narrowed down time period you would like dates/times for. Please remember when emailing the division, you must "cc" all parties.
Page 1 | HEARING PROCEDURES - SCHEDULING
If the parties cannot agree on a hearing date or length, all persons responsible for scheduling for each party must be included in an email to div49@17th.flcourts.org.
If the parties cannot agree on a date or the length of a hearing, then all persons responsible for scheduling such hearings for each party must be included in an email to div49@17th.flcourts.org.
Page 1 | HEARING PROCEDURES - SPECIAL SET HEARINGS
Division procedure and scheduling questions may be directed to the Judge's office by phone at (954) 831-5708 or email to div49@17th.flcourts.org, and every email to the division must cc all parties.
For questions regarding division procedures or scheduling, you may contact Judge Di Pietro's office by phone at (954) 831-5708 or by email to div49@17th.flcourts.org. Please remember when emailing the division, you must "cc" all parties.
Page 1 | COMMUNICATIONS WITH THE JUDGE'S OFFICE
Self-represented parties may use online scheduling or email div49@17th.flcourts.org for scheduling assistance, and must cc all parties on any such email.
If a party requesting a hearing is not represented by counsel, you may use online scheduling or you may contact the office via email to div49@17th.flcourts.org for assistance with scheduling. If you contact the office via email, you must "cc" all parties on the email.
Page 1 | HEARING PROCEDURES - SCHEDULING
Parties without ZOOM access or who prefer to appear in person must contact chambers at (954) 831-5708 or div49@17th.flcourts.org so the courtroom can be unlocked and staffed.
If you do not have access to ZOOM, or if you simply prefer to be physically present in the courtroom for your hearing, please contact our office at (954) 831-5708 or via email to div49@17th.flcourts.org. This way, we can ensure that the courtroom is unlocked and there is adequate staffing for your in-person appearance.
Page 1 | HEARING PROCEDURES - REMOTE AND IN-PERSON APPEARANCES
After full compliance with the Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney's Fees, the moving attorney may email div49@17th.flcourts.org (cc'ing all parties) to obtain a special set hearing date.
Once there is full compliance with the Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney's Fees, the moving attorney may send an email (with all parties cc'ed) to div49@17th.flcourts.org to obtain a special set hearing date.
Page 1 | MOTION FOR ATTORNEY'S FEES AND TO TAX COSTS