Judge Steve Berlin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Notice of Hearing
Rehearing Motion, Reconsideration Motion
Courtesy copies
Court-wide
Communication
Document Format Requirements12 rules
Three days before the hearing, the parties must deliver the evidence and witness list to the St. Petersburg Judicial Building in filing-ready, redacted binders; digital delivery requires court permission and emailed items are not accepted.
- Exhibits
- Witness list
Formatting
- •Deliver documentary evidence in binders
- •Digital format requires court permission
- •Emailed items will not be accepted
Court's wording
2. 3 DAYS PRIOR TO HEARING: Deliver all evidence including the witness list to the St. Petersburg Judicial Building. The parties will deliver documentary evidence in binders. They will not be in digital format without court permission. The files delivered to the Court must be ready for immediate filing with the Clerk of Court and therefore must be redacted. *EMAILED ITEMS WILL NOT BE ACCEPTED.
You must also upload an explanatory cover letter.
Formatting
- •An explanatory cover letter is required
All documents are to be uploaded as PDF documents.
- File type
ALL evidence is to be pre-marked in advance of its intended use by counsel.
The parties should not use binders thicker than 3 inches.
The order or judgment to be reviewed and signed, and nothing else, goes in second location where the title of the document must be filled in.
Formatting
- •Fill in the document title
JAWS submissions of proposed orders to the court should consist of two uploads:
Everything but the proposed order goes in the upload location labeled “Cover Letter” - namely, the information that shows the judge why the order should be signed (i.e., cover letter and motion or stipulation, plus exhibits if necessary). These are all uploaded as one single document.
It should not be necessary to make a duplicate upload. This may create many problems.
When proposed-order disagreements cannot be resolved, each side should submit the order in Word format using track changes and may use comments to explain particular language.
- File type
- Word
- Proposed order
Formatting
- •Use track changes when submitting a proposed order containing unresolved form disagreements
Court's wording
If there are disagreements/objections over a proposed Order, the parties must attempt to work them out before requiring further Court intervention. If the disagreements as to the form of the Order cannot be worked out, each side should submit an Order in Word format with track changes. The parties may place reasoning for particular language using the comments feature.
The identified pre-trial materials must be supplied in hardcopy when applicable.
- File type
- Paper
- Equitable distribution worksheet
- Child support guidelines
- Proposed parenting plan
- Proposed timesharing plan
- Case law
Court's wording
Additionally, at least 5 business days prior to trial, please provide Judge Berlin with copies of the following via hardcopy (if applicable): Equitable Distribution Worksheet Child Support Guidelines Proposed Parenting/Timesharing Plans Any case law to be used at trial
Parties may also submit unredacted copies of evidence to the Court if the parties want the Court to see unredacted versions VIA HARDCOPY.
Formatting
- •Unredacted evidence may be submitted to the Court via hardcopy
Document Filing Requirements15 rules
If you plan on calling witnesses, you must file a Witness List which includes their telephone numbers if the hearing is telephonic or their email addresses if the hearing is via Zoom.
DO NOT call the Court or send only an email or letter to object. Send a proposed Order.
Proposed Orders/judgments should not be submitted to the Court that contain only 1) “DONE AND ORDERED…” and/or 2) the Judge’s signature on the last page. Some part of the body of the Order shall accompany the Judge’s signature block.
DO NOT send unsigned proposed Orders to the Clerk of Court.
Proposed Orders/judgments should NOT contain BLANKS FOR THE JUDGE TO FILL IN OTHER THAN THE DATE THE JUDGE SIGNS. PROPOSED ORDERS/JUDGMENTS CONTAINING BLANKS WILL NOT BE SIGNED.
Upload the cover letter, stipulation, signed consent and proposed Order to JAWS.
Include
- •Proposed order
The proposed Order MUST contain in the body of the Order the complete contact information for the party (i.e. address, phone number, e-mail address, etc.).
- Document
- Proposed order
- Placement
- Body of the document
For the specified pretrial non-evidentiary motions, the referenced Administrative Order applies; a party that submits neither a written response nor a hearing request waives its response, and the Court may require a hearing depending on the motion’s nature.
Court's wording
The Court incorporates by reference Administrative Order No. 2020-012 PA/PI-CIR for pretrial non-evidentiary motions. These specifically include Motions to Compel Discovery and Motions for Income Deduction Orders. The Court will not grant attorneys’ fees if there is no hearing. Additionally, the Court may require a hearing depending on the nature of the Motions. If a party neither submits a written response, nor requests a hearing, then the party waives response.
FOR ZOOM HEARINGS, THE ATTORNEYS WILL RECEIVE A ZOOM SCHEDULING INVITATION WITH THE LOGIN INFORMATION AND ALL NOTICES OF HEARING SHALL INCLUDE THE ZOOM LOG IN INFORMATION FOR THE HEARING.
The parties are responsible for providing Zoom login to their witnesses.
The moving party should include legal authority as to why a motion is an emergency.
Before an attorney’s-fee hearing, attorneys should exchange affidavits stating the requested reasonable hours and hourly rate and should arrange a pre-hearing meeting; the affidavits may replace expert testimony if all parties agree.
Court's wording
Prior to any attorney’s fee hearing, the attorneys should exchange affidavits outlining the reasonable number of hours requested and the reasonable hourly fee. They should also make arrangements to meet prior to the hearing to discuss resolution and allow each other to talk with opposing experts. Fee affidavits are sufficient in lieu of expert testimony IF all parties agree to their use.
The motion to compel should include a good faith certification.
If your order is based on the judge's ruling after a hearing, state that fact, including the date of the hearing.
Your cover letter should include express confirmation by a member of the Florida Bar that the proposed order has been shared with all other parties, and that they have no objection as to its form.
Filing & Service rules
Electronic Filing Rules
A motion must be electronically filed with the Clerk before a hearing is requested.
Motions must be e-filed with the Clerk of the Court and sent to opposing counsel/self-represented party prior to requesting a hearing.
Page 4 | SETTING HEARINGS
Except for a proposed final judgment submitted during an uncontested dissolution-of-marriage final hearing, proposed orders may not be submitted through JAWS before a scheduled hearing unless the judge specifically requests them.
Parties may submit a proposed Final Judgment in an uncontested final hearing for dissolution of marriage for the judge to sign during the hearing. Otherwise, do not submit proposed orders on JAWS in advance of a scheduled hearing unless specifically requested by the judge.
Page 5 | JAWS ORDERS
A copy of an emergency motion must be submitted to the court by email, hand delivery, or regular U.S. mail.
You must submit a copy of the Motion to the Court either by email, hand-delivery or regular U.S. mail.
Page 9 | EMERGENCY AND EXPEDITED MOTIONS
The court portal does not serve as a delivery channel for motions designated as emergencies.
The Court does not receive motions through the Portal when you check “emergency”.
Page 9 | EMERGENCY AND EXPEDITED MOTIONS
The required substitution-of-counsel materials must be uploaded electronically to JAWS.
Upload the cover letter, stipulation, signed consent and proposed Order to JAWS.
Page 10 | SUBSTITUTION OF COUNSEL
If there is an objection, submit the order by mail with an explanatory cover letter.
If there is an objection, submit the order via mail with an explanatory cover letter.
Page 6 | Helpful tips
In an uncontested dissolution-of-marriage final hearing, a party may submit a proposed final judgment for the judge to sign during the hearing.
Parties may submit a proposed Final Judgment in an uncontested final hearing for dissolution of marriage for the judge to sign during the hearing.
Page 5 | JAWS ORDERS
Filing Timing and Cure Windows
The Witness List must be exchanged five days before the hearing and emailed to section9@jud6.org one day before the hearing.
The Witness List shall be exchanged between the parties 5 days prior to and emailed to the Court at section9@jud6.org the day before the hearing.
Page 2 | WITNESSES
All evidence must be copied and exchanged at least three working days before trial or an evidentiary hearing unless the Court specifies otherwise or the attorneys or pro se parties stipulate otherwise.
ALL evidence is to be copied and exchanged three (3) working days prior to trial OR prior to evidentiary hearing unless otherwise specified by the Court or the attorneys/pro se parties stipulate otherwise.
Page 9 | EVIDENCE TO BE USED AT EVIDENTIARY HEARING OR TRIAL
All case law anticipated to be argued must be emailed to section9@jud6.org three days before the hearing.
3. 3 DAYS PRIOR TO HEARING: Email all case law anticipated to be argued to section9@jud6.org.
Page 2 | EVIDENCE
If emergency status is not facially apparent, the court may require supplementation before 9 a.m. the next morning.
If it is not facially apparent that the motion is an emergency, the Court may order the party to supplement their motion before 9 a.m. the next morning.
Page 9 | EMERGENCY AND EXPEDITED MOTIONS
At least five business days before trial, counsel should provide Judge Berlin with hard copies, when applicable, of the equitable distribution worksheet, child support guidelines, proposed parenting or timesharing plans, and any trial case law.
Additionally, at least 5 business days prior to trial, please provide Judge Berlin with copies of the following via hardcopy (if applicable): Equitable Distribution Worksheet Child Support Guidelines Proposed Parenting/Timesharing Plans Any case law to be used at trial
Page 9 | EVIDENCE TO BE USED AT EVIDENTIARY HEARING OR TRIAL
The court may accept witness affidavits one day before the hearing and may hear proffered testimony solely to determine whether a full hearing is necessary.
IMPORTANT: The Court will accept witness affidavit(s) one day prior to hearing and/or hear proffered testimony only to determine if a full hearing is needed.
Page 9 | EMERGENCY AND EXPEDITED MOTIONS
Service and Proof of Service Rules
At least five days before a hearing involving testimony or physical evidence, the parties must exchange all evidence and witness lists containing telephone numbers and email addresses.
1. 5 DAYS PRIOR TO HEARING: Exchange all evidence to be presented at the hearing and exchange witness lists which include telephone numbers and email addresses.
Page 2 | EVIDENCE
A motion must be sent to opposing counsel or the self-represented party before a hearing is requested.
Motions must be e-filed with the Clerk of the Court and sent to opposing counsel/self-represented party prior to requesting a hearing.
Page 4 | SETTING HEARINGS
Proper and timely notice must be provided to all parties, and all parties must be copied even when the matter is in default.
Ensure proper and timely notice is sent to all. Even with defaults, ensure all parties are copied all the time with everything.
Page 6 | NOTICE OF HEARING
Courtesy Copy Requirements
Provide a courtesy copy of the notice of hearing by email to section9@jud6.org.
Please provide a courtesy copy of the notice of hearing by email to section9@jud6.org.
Page 6 | PROCEDURES FOR SUBMITTING NOTICES OF HEARING, PROPOSED ORDERS, PLEADINGS OR CASE LAW TO THE COURT
A copy of a motion for rehearing or reconsideration must be provided to the judge.
Provide the Judge with a copy of the motion.
Page 10 | MOTIONS FOR REHEARING/RECONSIDERATION
Sealing & Redaction Procedures
Sensitive information should be redacted before the hearing and before submission to the clerk.
ALL sensitive information should be redacted prior to hearing and submission to the Clerk.
Page 9 | EVIDENCE TO BE USED AT EVIDENTIARY HEARING OR TRIAL
Pre-Motion Conference Requirements
A motion requesting a hearing lasting one hour or more requires a short case management conference.
Motions requiring a hearing time of one (1) hour or more require a short case management conference.
Page 4 | SETTING HEARINGS
Before filing a motion to compel for a delinquent or allegedly inadequate discovery response, counsel must attempt to contact opposing counsel by both email and telephone.
Prior to submitting a motion to compel a delinquent or alleged inadequate response to discovery, counsel must first attempt to contact opposing counsel via email and telephone.
Page 11 | RESPONSIVE MOTIONS REQUIRED
The discovery good-faith letter should allow the opposing side at least two weeks to cure the deficiency.
The good faith letter should give a reasonable time, at least two weeks, to ameliorate the deficiency.
Page 10 | DISCOVERY DISPUTES
Before disputing a deficient discovery response, counsel should first send the opposing side a good-faith letter outlining the deficiencies.
Counsel disputing a discovery response as deficient should first send a good faith letter to the opposing side outline the deficiencies in the responses.
Page 10 | DISCOVERY DISPUTES
Adjournment & Extension Requirements
A motion to continue must state the requested continuance period and should preferably propose a new mutually agreed hearing date.
The motion must state the length of time requested for the continuance and preferably propose a new agreed upon hearing date.
Page 8 | MOTIONS TO CONTINUE
A pretrial date may be reset without a hearing only if both parties agree; otherwise, a Motion to Continue Pre-Trial should be filed and set for hearing.
Should a pre-trial need to be reset, both parties must be in agreement in Order to get a reset date without a hearing. Otherwise, a Motion to Continue Pre-Trial should be filed and set for hearing.
Page 8 | SETTING PRE-TRIAL CONFERENCES AND TRIALS
Chambers Communication Rules
A hearing may be canceled through JAWS until 24 hours before it; when less than 24 hours remains, email the judicial assistant at section9@jud6.org.
Hearings that you schedule in JAWS can also be cancelled by you in JAWS for up to 24 hours prior to the hearing. If your hearing is less than 24 hours away, please email the JA at section9@jud6.org to cancel your hearing.
Page 5 | CANCELLING HEARINGS