Judge James S. Giardina
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Extraordinary Writ Petition
Court-wide- Immediately Upon Filing
Financial Affidavit, Exhibits
Court-wideGuardian Ad Litem Report
Court-wide- At Least 48 Hours Before Hearing
Motion
Court-wide
Adjournments
- The Court may cancel without notice a unilaterally set hearing that does not describe efforts to agree on a hearing date.
- A hearing cancellation made with less than one business day's notice and without good cause may lead to a ruling without a hearing.
- A pretrial conference cannot be rescheduled without good cause and prior court approval.
- +2 more
Request must include
- A calendar-conflict continuance motion and notice email must each be submitted at least five business days before the pretrial conference, absent an emergency, accident, hospitalization, or other good cause.
Communication
Chambers
Phone
Chambers
Clerk
Clerk
Clerk
Document Format Requirements2 rules
All proposed orders shall be submitted to the Court in PDF format via the e-filing portal.
- File type
- Proposed order
Competing orders should be submitted in Word format to the division email (civdivh@fljud13.org) with the words “Competing Proposed Order” in the subject line.
- File type
- Word
- Proposed order
Document Filing Requirements25 rules
State the Court’s Zoom information and call in number.
All notices of hearing shall include the name, docket entry number, the date of filing of the motion to be heard and any responses/replies thereto, as well as the time reserved for the hearing.
All required documents must be filed before the court will permit the Parties to obtain a trial date.
Set forth good cause why such why telephonic appearance is necessary.
The cover letter must identify the hearing date (if any) and must affirmatively state whether the other parties object or do not object to the form of the order (i.e. whether all parties agree to the form of the order.)
The first paragraph of the order must state that the parties agree to the relief afforded by the order, and it must identify the stipulation or motion providing the basis for the relief.
State the date and time of the hearing
State the title of the motion to be heard Via Zoom
A notice of hearing set unilaterally due to a lack of cooperation must be accompanied by a cover letter describing, in detail, the efforts made to reach agreement on the hearing date.
A final pretrial conference must be scheduled one month before trial, and mandatory attendance must be in person.
Court's wording
Parties scheduling either non-jury or jury trials must also schedule the designated final pretrial conference one month prior to the trial date. Attendance to the pretrial conference is mandatory and in person.
Proposed order submitted on paper must also be accompanied by three copies for conforming, pre-addressed, stamped envelopes for each party in the case, and a cover letter.
State whether the opposing party consents to the motion.
If the opposing party objects, set forth the efforts, made by the moving party to discuss the matter with the nonmoving party, including dates thereof.
A motion must be filed with the Clerk of Court before setting the matter for hearing in JAWS or requesting hearing time from the Judicial Assistant.
All cancellations of hearing (except a Pretrial Conference hearing) shall be in writing, including hearings cancelled through JAWS.
At least three (3) attempts must be made to coordinate a hearing date.
All proposed orders must be accompanied by a cover letter.
Proposed Orders for Zoom Hearings must meet the following requirements:Allow all parties to appear via Zoom
Videoconference Hearings:All hearings are presumed to be in-person unless a Motion to Appear via Zoom has been filed and an Order has been granted by the Judge.
A Zoom or phone appearance requires a written motion e-filed with a proposed order and a showing of good cause.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Any special request to appear by Zoom/phone at a hearing by any party or attorney must be submitted to the Court through a written motion e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ along with a proposed order. The motion shall provide good cause why such exception is necessary.
The submitting party must consult all parties and make a genuine, good-faith effort to agree on the proposed order's language.
Court's wording
The party charged with submitting the order must consult with all parties prior to submission of the proposed order to the Court. Parties must make a genuine, good faith effort to agree on the language of the proposed order.
All matters requiring 15 minutes or less of hearing time must be scheduled through JAWS, unless time sensitive or special circumstances exist.
Proposed orders on agreed relief or relief sought jointly by the parties should begin with “Agreed Order” in the caption.
- Document
- Proposed order
- Placement
- Caption
Should include
- •Agreed Order
The parties shall submit the desired trial month, and the judicial assistance (JA) will provide dates for the final pretrial hearing and the date of week for either the jury trial or non-jury trial.
The email may briefly describe why the party’s proposed form is correct, but additional legal argument is prohibited.
Filing & Service rules
Electronic Filing Rules
A Notice of Hearing must be e-filed through the Florida Courts E-Filing portal after a hearing time is obtained.
After obtaining a hearing time either through JAWS or the Judicial Assistant, a Notice of Hearing must be e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ and a copy emailed to civdivh@fljud13.org.
Page 1 | County Civil, Division H
Proposed orders generally must be submitted through the electronic filing portal.
All proposed orders shall be submitted to the Court in PDF format via the e-filing portal.
Page 1 | Proposed orders
The party setting the trial must prepare and electronically file the order setting trial for the judge's signature.
It is the responsibility of the party setting the trial to prepare the Order setting trial and to file through the E-PORTAL for the Judge's signature.
Page 1 | Scheduling trials
A motion requesting a Zoom or phone appearance must be e-filed through the Florida Courts E-Filing portal.
Any special request to appear by Zoom/phone at a hearing by any party or attorney must be submitted to the Court through a written motion e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ along with a proposed order. The motion shall provide good cause why such exception is necessary.
Page 1 | Motions to Appear Via Zoom
The parties are responsible for filing all scheduling paperwork, and failure may result in striking the trial hearing.
It is the responsibility of the parties to ensure that all JAWS notifications, hearing notices, trial orders, and any other paperwork are properly filed; and failure to do so may result in the trial hearing being stricken.
Page 1 | Scheduling trials
Except for pretrial conferences, a hearing-cancellation document must be e-filed at least 24 hours before the hearing.
All cancellations of hearing (except a Pretrial Conference hearing) shall be e-filed with the Clerk through the Florida Courts E-Filing Portal at myflcourtaccess.com/ at least 24 hours prior to the scheduled hearing, and a copy sent via email to civdivh@fljud13.org.
Page 1 | County Civil, Division H
A copy of the hearing-cancellation notice must be emailed to the Judicial Assistant and filed through the electronic portal.
E-mail JA a copy of the Notice of Cancellation AND file in E-Portal
Page 1 | Attorneys and Self-Represented Litigants
Paper submission of a proposed order after a hearing is permitted when at least one party is self-represented.
If at least one party is proceeding as a pro se (self-represented) litigant, then after a hearing, proposed orders may be submitted to the Court on paper.
Page 1 | Proposed orders
Filing Timing and Cure Windows
A motion requesting a Zoom or phone appearance must be filed at least 10 days before the hearing.
Be filed at least at least 10 days prior to the scheduled hearing date. Last minute filings are disfavored.
Page 1 | Motions to Appear Via Zoom
A hearing may be noticed unilaterally only because of a lack of cooperation and with at least 30 days' notice.
Hearings may be unilaterally noticed only due to a lack of cooperation, and with a minimum of 30 days notice.
Page 1 | County Civil, Division H
Proposed voir dire questions, jury instructions, and a joint statement of the case must reach chambers at least seven days before a jury trial.
In a jury trial, proposed voir dire questions, proposed jury instructions, and a brief joint statement of the case to be read to the jury must be submitted to chambers at least 7 days before the trial starts.
Page 1 | Scheduling trials
A proposed order must be submitted within one week after the hearing or ruling.
Proposed orders must be submitted to the Court within one (1) week of the hearing and/or ruling.
Page 1 | Proposed orders
Except for pretrial conferences, the hearing cancellation must be e-filed at least 24 hours before the scheduled hearing.
All cancellations of hearing (except a Pretrial Conference hearing) shall be e-filed with the Clerk through the Florida Courts E-Filing Portal at myflcourtaccess.com/ at least 24 hours prior to the scheduled hearing, and a copy sent via email to civdivh@fljud13.org.
Page 1 | County Civil, Division H
Silence from other parties may be treated as non-objection only after three days without a response.
It is not sufficient to state that the proposing party has not heard back from others, unless 3 days have elapsed without a response.
Page 1 | Proposed orders
Legal authority intended for the judge's consideration should reach chambers at least three business days before the hearing.
Any legal authority you would like the Judge to consider prior to a hearing should arrive in chambers at least 3 business days before a scheduled hearing via mail or hand delivery.
Page 1 | County Civil, Division H
Adjournment & Extension Requirements
A calendar-conflict continuance motion and notice email must each be submitted at least five business days before the pretrial conference, absent an emergency, accident, hospitalization, or other good cause.
Except in the case of an unforeseeable emergency, accident, hospitalization, or other good cause, a Motion to Continue Pre-Trial Conference based on an attorney calendar conflict must be filed at least 5 business days prior to the scheduled Pre-Trial Conference AND the movant must email the Judicial Assistant at civdivh@fljud13.org at least 5 business days prior to the scheduled Pre-Trial Conference to inform the Court that a Motion to Continue Pre-Trial Conference has been filed and is pending.
Page 1 | Pretrial Conference
An attorney with an unavoidable conflict may request continuation by a written motion that specifically states the reasons.
In the event an attorney has an unavoidable calendar conflict, such attorney may file a written Motion to Continue Pre-Trial Conference and state with specificity the reason(s) why a continuance is necessary.
Page 1 | Pretrial Conference
A pretrial conference cannot be rescheduled without good cause and prior court approval.
The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior Court approval.
Page 1 | Pretrial Conference
An untimely calendar-conflict motion to continue the pretrial conference will be denied.
An untimely Motion to Continue Pretrial Conference based on a calendar conflict will be denied.
Page 1 | Pretrial Conference
The Court may cancel without notice a unilaterally set hearing that does not describe efforts to agree on a hearing date.
Unilaterally set hearings that do not describe efforts to agree on a hearing date may be cancelled by the Court without notice.
Page 1 | County Civil, Division H
A hearing cancellation made with less than one business day's notice and without good cause may lead to a ruling without a hearing.
Accordingly, last minute cancellations (less than 1 business day notice) made without good cause may result in the Court ruling on the pending motion without a hearing.
Page 1 | Cancelling Hearings Within 24 Hours of Hearing
Chambers Communication Rules
Parties must email the division to request final-pretrial and jury or non-jury trial dates.
In order to schedule a jury or non-jury trial date, parties must send an email to the division’s email, civdivh@fljud13.org, requesting final pretrial and trial dates.
Page 1 | Scheduling trials
All cancellations of hearing (except a Pretrial Conference hearing) shall be e-filed with the Clerk through the Florida Courts E-Filing Portal at myflcourtaccess.com/ at least 24 hours prior to the scheduled hearing, and a copy sent via email to civdivh@fljud13.org.
All cancellations of hearing (except a Pretrial Conference hearing) shall be e-filed with the Clerk through the Florida Courts E-Filing Portal at myflcourtaccess.com/ at least 24 hours prior to the scheduled hearing, and a copy sent via email to civdivh@fljud13.org.
Page 1 | County Civil, Division H
Every email requesting trial dates must include all parties.
ALL PARTIES MUST BE INCLUDED IN ANY EMAIL SENT TO THE COURT.
Page 1 | Scheduling trials
A copy of the Notice of Hearing must be emailed to the division after obtaining a hearing time.
After obtaining a hearing time either through JAWS or the Judicial Assistant, a Notice of Hearing must be e-filed with the Clerk of Court using the Florida Courts E-Filing portal at myflcourtaccess.com/ and a copy emailed to civdivh@fljud13.org.
Page 1 | County Civil, Division H
After selecting the dates, the parties must notify the Judicial Assistant by email of the agreed dates.
After the parties have selected the final pretrial and jury trial or non-jury trial dates, they will notify the JA via email of the agreed upon date.
Page 1 | Scheduling trials
A copy of the hearing-cancellation notice must be emailed to the Judicial Assistant and filed through the electronic portal.
E-mail JA a copy of the Notice of Cancellation AND file in E-Portal
Page 1 | Attorneys and Self-Represented Litigants
Matters requiring more than 30 minutes must be scheduled through the Judicial Assistant by phone or email.
Any matters requiring more than 30 minutes of hearing time must be scheduled through the Judge’s Judicial Assistant by calling (813) 272-5778 or emailing civdivh@fljud13.org to obtain available hearing times.
Page 1 | County Civil, Division H