Judge Wendy J. DePaul
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
Communication
Chambers
Clerk
Clerk
Clerk
Phone
Court-wideChambers
Document Format Requirements9 rules
Proposed orders shall be submitted through the Florida e-filing portal along with a Cover Letter, both in .pdf format.
- File type
- Proposed order
- Cover letter
Parties are NOT to provide hard copies of exhibits to the court in advance of the scheduled hearing.
THE COURT WILL NOT SIGN ORDERS THAT HAVE THE JUDGE’S SIGNATURE LINE ON A SEPARATE PAGE FROM THE REST OF THE ORDER PURSUANT TO ADMINISTRATIVE ORDER.
The judge does require a hard copy of the exhibits, however, the parties must bring hard copies for use on the witness stand on the day of the hearing.
- File type
- Paper
- Exhibits
All motions will need to be typed (no handwritten motions) with opposing parties contact information included and filed with the Clerk of Court before asking for a hearing date.
- Motion
Formatting
- •No handwritten motions
Eachexhibit must be filed as a separate PDF document with a cover page (see c.below)
- File type
Each exhibit must be uploaded separately as an individual PDF file.
- File type
- Exhibits
Formatting
- •Each exhibit must be uploaded as a separate individual PDF file
The exhibits should have a cover page and be pre-marked with a label in the form indicated on this link (Exhibit Label).
- Exhibits
Formatting
- •Exhibits must have a cover page
- •Exhibits must be premarked with the prescribed label
The judge does not require a hard copy of the exhibits if exhibits are uploaded through the e-filing portal, however, the parties must bring hard copies for use on the witness stand on the day of the hearing.
Document Filing Requirements18 rules
All post judgment matters must have an Order of Referral to the General Magistrate submitted at the same time the petition or motion is filed.
The court requires that a notice of hearing be filed for all hearings scheduled before the court.
Parties without attorney representation are required to file a Designation of Email Address.
Additionally, the PTC will be scheduled for 30 minutes and the parties in Dissolution of Marriage cases are required to upload an agreed Equitable Distribution chart prior to the PTC.
The court will not allow more than 2 hours total for a temporary relief hearing.
All cases ready for trial must be set for Case Management Conference.
A hearing notice must identify the motion, underlying filing date and docket number, hearing date and time, location or Zoom information, evidentiary status, and whether a court reporter is reserved.
Court's wording
The hearing notice must include the following in addition to what the applicable law, including rules and administrative orders, requires: The title of the motion to be heard The date the underlying motion was filed and docket number, if available The time and date of the scheduled hearing The hearing location or zoom information, including the meeting ID and the link to the zoom meeting Whether the hearing is evidentiary Whether a court reporter has been reserved for the hearing
In cases involving children, the parties are required to upload a Certificate of Completion of the Parenting Course and a Proposed Parenting Plan prior to the PTC.
Please include a cover letter with your proposed order stating whether all counsel and/or pro se parties have agreed to the form and content of the order and copying all counsel/pro se parties.
- Document
- Cover letter
Include
- •Proposed order
All post judgment matters MUST be mediated prior to the scheduling of any hearings.
Each case shall be set for 5 minutes.
A Final Disposition Form must be submitted at the time of submission of a proposed Final Order or Final Judgment in order to close the case in Family Law Division “C”.
The Cover Letter MUST include whether or not the proposed order is agreed upon by all Parties and should be copied to opposing party or his/her attorney.
If you intend to use the 1st CMC as a final hearing then a copy of the petitioner’s driver’s license must be uploaded to the court file prior to the date of the hearing.
Any agreed proposed order of continuance should include the CMC rescheduled hearing date and time.
If you are submitting the order because you receive no response from the opposing party/counsel, please state in the cover letter when the letter was sent to the opposing counsel/party.
If the case is settled prior to the First CMC then hearing time may be used as a final hearing provided proper notice of hearing has been filed.
Proposed orders should include the name and docket number of the underlying motion and the date of the hearing (if a hearing was held) in the first paragraph.
Filing & Service rules
Electronic Filing Rules
Electronic exhibits must be uploaded through the e-filing portal at least 48 hours before the hearing to ensure receipt by the court.
Electronic exhibits shall be uploaded through the e-filing portal at least 48 hours prior to the hearing in ensure they are received by the court.
Page 1 | Exhibits:
Case law and legal authority must be emailed to the court at least three business days before the hearing, with the hearing date and time stated.
Please provide case law and any legal authority to the Court via email no later than three (3) business days prior to a scheduled hearing and state in the email the date and time of the hearing.
Page 1 | Case Law:
After obtaining a hearing time through JAWS or the judicial assistant, the notice of hearing must be e-filed and must state whether the hearing is in person or by Zoom.
After obtaining a hearing time either through JAWS or the Judicial Assistant, a Notice of Hearing is to be e-filed. The Notice of Hearing MUST state whether the case will be heard in person or by Zoom.
Page 1 | Scheduling Hearings
Each party must electronically file its pretrial memorandum, serve the other party, and email a copy to the judge at least three business days before the pretrial conference.
NOTE: A Pre-Trial Memorandum SHALL be electronically filed and served on each party by the other party, as well as a copy of both emailed to the Judge, at least three (3) business days prior to the Pre-Trial Conference.
Page 1 | Case Law:
Emergency motions must not be delivered directly to the judge.
DO NOT deliver a copy of emergency motions to the judge.
Page 1 | Unified Family Court, Division C
Each pretrial exhibit and the exhibit list must be uploaded to the Florida E-Filing Portal at least two business days before the hearing.
Each exhibit, together with an exhibit list (Exhibit List), to be used at the hearing must be uploaded to the Florida E-Filing Portal Exhibit area (located where Orders are uploaded) no later than two (2) business days prior to the scheduled hearing.
Page 1 | Case Law:
All temporary relief hearing exhibits and the exhibit list must be uploaded to the Florida E-Filing Portal at least two business days before the hearing.
All exhibits, together with an exhibit list, to be used at the hearing must be uploaded to the Florida E-Filing Portal Exhibits area (located where Orders are uploaded) no later than two (2) business days prior to the scheduled hearing.
Page 1 | Temporary Relief Hearings
Post-judgment hearings must be scheduled through JAWS.
You must schedule post judgment hearings via JAWS.
Page 1 | Post-Judgment Hearings
Attorneys must not also send a hard copy or email of an e-filed proposed order and cover letter to the court.
Please do not also send a hard copy or email to the Court.
Page 1 | Case Law:
Attorneys must submit proposed orders and cover letters through the Florida e-filing portal in PDF format.
Proposed orders shall be submitted through the Florida e-filing portal along with a Cover Letter, both in .pdf format.
Page 1 | Case Law:
Each party must upload its proposed order through the e-filing portal with a cover letter detailing the differences between the competing orders.
Parties shall each upload their proposed order through the e-filing portal as a proposed order with a cover letter detailing the differences between the competing orders.
Page 1 | Case Law:
Emergency motions must be filed through the Clerk of Court.
All emergency motions need to be filed with the Clerk of Court.
Page 1 | Unified Family Court, Division C
In the majority of cases, the court will prepare orders to be entered. If the parties are required to prepare an order they may be uploaded through the Florida e-filing portal or provided to the judge in hard copy, with copies and addressed and stamped envelopes for all parties to the case and one extra for the clerk’s file.
In the majority of cases, the court will prepare orders to be entered. If the parties are required to prepare an order they may be uploaded through the Florida e-filing portal or provided to the judge in hard copy, with copies and addressed and stamped envelopes for all parties to the case and one extra for the clerk’s file.
Page 1 | Case Law:
Filing Timing and Cure Windows
The mediator’s report must be filed at least five business days before the temporary relief hearing to avoid cancellation.
Mediator’s Report must be filed with the Court at least 5 business days prior to the hearing date or the hearing will be cancelled.
Page 1 | Temporary Relief Hearings
More than 24 hours before a hearing, cancellation must be requested through JAWS; within 24 hours, the judicial assistant must be asked to cancel it when the notice is sent.
If more than 24 hours to hearing time, please cancel hearing via JAWS. If less than 24 hours, then request the JA to cancel when you send her the Notice.
Page 1 | Cancel a Hearing
The electronic exhibit upload deadline is at least 48 hours before the hearing.
Electronic exhibits shall be uploaded through the e-filing portal at least 48 hours prior to the hearing in ensure they are received by the court.
Page 1 | Exhibits:
The orders should be uploaded no later 2 days prior to the scheduled hearing to ensure that the orders will be visible to the court at hearing.
The orders should be uploaded no later 2 days prior to the scheduled hearing to ensure that the orders will be visible to the court at hearing.
Page 1 | Case Law:
The deadline for emailing case law and legal authority is three business days before the hearing.
Please provide case law and any legal authority to the Court via email no later than three (3) business days prior to a scheduled hearing and state in the email the date and time of the hearing.
Page 1 | Case Law:
The temporary relief exhibit upload deadline is two business days before the hearing.
All exhibits, together with an exhibit list, to be used at the hearing must be uploaded to the Florida E-Filing Portal Exhibits area (located where Orders are uploaded) no later than two (2) business days prior to the scheduled hearing.
Page 1 | Temporary Relief Hearings
The pretrial exhibit and exhibit-list upload deadline is two business days before the hearing.
Each exhibit, together with an exhibit list (Exhibit List), to be used at the hearing must be uploaded to the Florida E-Filing Portal Exhibit area (located where Orders are uploaded) no later than two (2) business days prior to the scheduled hearing.
Page 1 | Case Law:
After all parties agree to a trial date, the Uniform Order Setting Trial and Pre-Trial must be uploaded within three days.
Once all parties agree to a trial date, the Uniform Order Setting Trial and Pre-Trial shall be uploaded within three days.
Page 1 | Case Law:
A party’s competing proposed order must be submitted within five days of objection.
If a party objects to a proposed order, the objecting party must submit his/her own order to the JA via email within 5 days with a cover letter saying that it is a competing order and opposing counsel or other party must be copied on the cover letter.
Page 1 | Case Law:
The notice of hearing must be filed sufficiently in advance to provide reasonable prior notice.
The notice shall be filed a reasonable amount of time for notice prior to the scheduled hearing.
Page 1 | NOTICES OF HEARING
Service and Proof of Service Rules
Parties must have an email address on file for electronic service of the order; a party without one must receive conforming hard copies and stamped envelopes with the proposed order.
All parties or attorneys must have an email address on file with the court for service of the order. If a party does not have an email address on file the proposed order must be submitted in hard copy to the court with conforming copies and stamped envelopes.
Page 1 | Continuance (CMC only)
Every document provided to the court must also be provided to all other parties.
A copy of any document provided to the Court shall also be provided to all other Parties.
Page 1 | Temporary Relief Hearings
Each party must serve the other party with the pretrial memorandum and email a copy to the judge at least three business days before the conference.
NOTE: A Pre-Trial Memorandum SHALL be electronically filed and served on each party by the other party, as well as a copy of both emailed to the Judge, at least three (3) business days prior to the Pre-Trial Conference.
Page 1 | Case Law:
Adjournment & Extension Requirements
A hearing set by court order may be canceled only by another court order.
Hearings set by court order must be cancelled by court order.
Page 1 | Cancel a Hearing
The first CMC cannot be canceled or rescheduled.
First CMC: The First CMC cannot be cancelled or rescheduled.
Page 1 | Continuance (CMC only)
All parties and attorneys must attend the first case management conference.
All parties and attorneys are required to attend the First CMC.
Page 1 | Case Management Conference (CMC)
A reset CMC may be continued only if the parties agree.
Reset CMC:The parties must agree to a continuance of a reset CMC.
Page 1 | Continuance (CMC only)
A hearing set by the parties and counsel may be canceled by unanimous agreement.
Hearings set by parties and counsel may be cancelled by agreement of all parties.
Page 1 | Cancel a Hearing
Attendance at later case management conferences is recommended but excused for good cause.
Attendance at later CMC’s is recommended but not required if there is good cause for the absence.
Page 1 | Case Management Conference (CMC)
Chambers Communication Rules
A Notice of Cancellation must be filed with the clerk and emailed to the judicial assistant.
A Notice of Cancellation must be filed with the clerk Email a copy of the Notice of Cancellation to JA at FamLawDivC@fljud13.org
Page 1 | Cancel a Hearing
The parties must email the Judicial Assistant a copy of the order and request trial and pre-trial dates.
The parties shall send an email to the Judicial Assistant with a copy of the order attached requesting trial and pre-trial dates.
Page 1 | Case Law:
A continuance for a reset CMC must be requested by email to the judicial assistant with all parties copied.
Contact JA by email, copying all parties, to request continuance of a CMC Reset
Page 1 | Continuance (CMC only)
An objecting party must email its own competing proposed order and cover letter to the judicial assistant within five days, copying opposing counsel or the other party.
If a party objects to a proposed order, the objecting party must submit his/her own order to the JA via email within 5 days with a cover letter saying that it is a competing order and opposing counsel or other party must be copied on the cover letter.
Page 1 | Case Law:
A pro se hearing-time email must identify the sender as self-represented, state the case number, and copy all parties.
Be sure to state in the email that you are representing yourself, and include your case number. All parties must be copied on the email.
Page 1 | Scheduling Hearings
Hearings longer than 60 minutes must be scheduled through the judicial assistant, who may be contacted by the stated email address.
Any matters requiring more than 60 minutes of hearing time are to be scheduled through the Judicial Assistant. You may contact the Judicial Assistant via email at famlawdivc@fljud13.org to obtain available hearing times.
Page 1 | Scheduling Hearings
The court will entertain requests for more than 60 minutes by e-mail explaining why you require more time and whether the opposing party/attorney agrees to the additional time.
The court will entertain requests for more than 60 minutes by e-mail explaining why you require more time and whether the opposing party/attorney agrees to the additional time.
Page 1 | Temporary Relief Hearings
A pro se litigant should request available hearing times from the judicial assistant by email.
Pro se litigants (a party who is not represented by an attorney) should email the Judicial Assistant for available hearing times.
Page 1 | Scheduling Hearings
Email is the preferred way to voice concerns and request or cancel hearings, although telephone requests are accepted and may receive slower responses.
The preferredform of communication for voicing any concerns or setting and cancelinghearings is by e-mail at FAMLAWDIVC@fljud13.org. Phone calls are accepted,although response times may be longer than for e-mail requests.
Page 1 | Unified Family Court, Division C