NAVIGATION

You are here: Judicial Directory > Wendy J. DePaul > Procedures/Preferences

Procedures/Preferences

PREFERENCES
Due to current circumstances surrounding the COVID-19 virus and pursuant to Thirteenth Circuit Administrative Orders, directives from the Florida Supreme Court contained in Administrative Orders, and the Governor's declarations, the Court has set forth the following procedures for appearance for scheduled hearings in Unified Family Court: Division C:

Each Party shall appear for the hearing by video conference by using Zoom, EXCEPT as stated below in section entitled “In Person/Zoom Hearings”.  Each Party may use a computer with a camera and speakers or download the app for free on their phone to participate by video.  At the scheduled time of the hearing, each Party may access the hearing by using the following link:https://zoom.us/j/3867785704.  Alternatively, each Party may use the www.Zoom.us website or app and enter the Meeting ID: 386 778 5704. Please make sure to activate the video and audio settings so you can see, hear and speak during the hearing.  Please WAIT PATIENTLY until your hearing is called.

If a Party does not have access to a computer with camera and speakers or a smart phone with video capability, the Party must still appear for the hearing by phone.  At the scheduled time of the hearing, a Party may access the hearing by calling 1 (301) 715-8592.  When prompted, enter the Meeting ID: 386 778 5704.  The phone dial-in and Meeting ID may be utilized from any landline, cellular or internet phone.

Please note, if a Party appears by phone instead of ZOOM, the hearing may be rescheduled to another date so that the Party can appear by video or in person at the courthouse.  

Each Party is REQUIRED to appear by video, or in the alternative, by phone.

Please contact the Judicial Assistant, Patty Coone, by phone at (813) 272-5777, or by email famlawdivc@fljud13.org  if you have any additional questions. 

Designation of Email Address
Parties without attorney representation are encouraged but not required to file a Designation of Email Address.  By filing this form you will receive copies of all pleadings by email NOT regular U.S. Mail.  A link to a copy of the form is available here:

The completed form should be mailed to:  Clerk of the Circuit Court, ATTN:  Family Law Division, 800 E. Twiggs Street, Tampa, FL  33602

Cancel a Hearing

  • File a Notice of Cancellation with the clerk
  • Email a copy of the Notice to JA at FamLawDivC@fljud13.org
  • 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.

Continuance (CMC only)

  • The First CMC cannot be cancelled or rescheduled.
  • The parties must agree to a continuance of a CMC Reset
  • Contact JA by email, copying all parties, to request continuance of a CMC Reset
  • Any agreed proposed order of continuance should include a blank space for new hearing date
  • 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.  

Case Management Conference (CMC)

  • All parties and attorneys are required to attend the First CMC.  Attendance at later CMC’s is recommended but not required if there is good cause for the absence. 
  • 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.  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. 
  • If the party requires a case management conference that can be scheduled in JAWS on the open docket or the motion docket 15 minute.
  • All attorney CMC’s will take place by Zoom until further notice. 
  • All pro se CMC’s will be held in person in courtroom 403 and if an interpreter is required then the party requiring the interpreter must provide said interpreter.  The court does not provide interpreters for family law hearings.

Temporary Relief Hearings

  1. Mediation is required prior to attending a temporary relief hearing. (Administrative Order S-2020-052)
  2. 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.
  3. If the opposing (or non-moving) party fails to cooperate in attending mediation, the issue shall be addressed by the Judge at the temporary relief hearing where possible sanctions could be imposed.
  4. Temporary Relief hearings can only be scheduled for 60 minutes. If you require more than 60 minutes then you must first schedule a CMC and explain to the court why you require more time. 
  5. At least two (2) business days prior to the scheduled temporary relief hearing, the moving party shall file the original Temporary Relief Hearing Memorandum with the Clerk of the Court and serve a copy on all parties, as well as deliver a copy to the Judge. A proposed Parenting Plan is also required if the case involves minor child(ren).
  6. 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 three (3) business days prior to the scheduled hearing.
    Helpful tips for Exhibit Portal Upload:
    • You must add a unique description (i.e. Petitioner’s Exhibit 1, Respondent’s Exhibit 1, Joint Agreed Exhibit 1, etc) to each exhibit uploaded.  The file name of the uploaded exhibit does not appear in the exhibit portal.
    • The exhibits should have a cover page and be pre-marked with a label in the form indicated on this link (Exhibit Label).
    • Complete as much information as you can on the label.   
    The judge does not 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.
  7. A copy of any document provided to the Court shall also be provided to all other Parties.
  8. All Temporary Relief Hearings shall take place in person.

 

Scheduling Hearings:

  1. Effective 4/1/24, any motions 15 min or less shall occur by Zoom. Any hearings that exceed fifteen (15) minutes shall appear in person, unless specifically stated otherwise.
  2. A motion should be filed with the Clerk of Court before setting the matter for hearing in JAWS or requesting hearing time from the Judicial Assistant. Please include the docket number for the motion in the email to the Judicial Assistant, together with the name of motion and be sure the case number is listed in the subject line.
  3. Any matter requiring 60 minutes or less of hearing time is to be scheduled through JAWS. Pro se litigants (a party who is not represented by an attorney) do not have access to JAWS and accordingly, if you are pro se, please email the Judicial Assistant for available hearing times.  Be sure to state in the email that you are representing yourself. All parties must be copied on the email.  Available hearing types are as follows:
    • Motion Hearing – 15 min, 30 and 60 min
    • Open Docket (5-7 minutes, non-evidentiary hearings, uncontested final hearings)
    • Pre-Trial
    • Adoptions - Uncontested TPR
    • Adoptions
  4. In the event that Open Docket hearing times are not readily available, please email the Judicial Assistant with your request for a 5 minute open docket hearing and the basis for the request.  
  5. 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. 
  6. If a Party encounters any issues in obtaining hearing times, please set a Case Management Conference (CMC) on the Open Docket so that the Court may address same.  Please include in the Notice of CMC Hearing that the nature of the CMC is to discuss obtaining hearing time. 
  7. PLEASE COPY ALL ATTORNEYS ON THE CASE ON ALL CORRESPONDENCE SENT TO THE JUDICIAL ASSISTANT.  If a Party is not represented by counsel, please copy the unrepresented party on all correspondence sent to the Judicial Assistant.
  8. 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.
  9. If you schedule an uncontested final hearing on the open docket or motion docket 15 minutes, then a copy of the petitioner’s driver’s license must be uploaded to the court file prior to the date of the hearing. 

 
Submitting Proposed Orders:  

  1. When submitting proposed orders, if both Parties are represented by counsel, proposed orders along with a Cover Letter, both in .pdf format, are to be uploaded to the Florida E-Portal.  If a proposed order is required to be uploaded to the Portal, please do not also send a hard copy or email to the Court.  The Cover Letter needs to 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 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.  The cover letter should state the objections to the proposed order.
     
  2. If a Party is unrepresented and has no email address on file for service, then proposed orders along with copies for conforming are to be submitted to the Court via hard copy.  Please also include self-addressed envelopes with postage for each Party that needs to receive a copy of the executed order.
  3. Proposed orders should include the docket number of the underlying motion in the first paragraph. 
  4. Incoming Withholding Orders can now be uploaded into E-portal. If one of the parties, represents themselves, the Order MUST be submitted via hard copy with copies of the Order and self-addressed envelopes for all parties. 

Case Law and Legal Authority:  

  1. 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. 

 
Emergency Motions
No party should file an emergency motion without first reviewing Smith v. Crider, 31 F.L.W. D1018 (2d DCA April 7, 2006). The moving party should file the original Emergency Motion with the Clerk of the Court, Edgecomb Courthouse, First Floor, 800 East Twiggs Street, Tampa, Florida 33602.


Please Note: Do not hand-deliver a copy of the Emergency Motion to the Judge’s chambers. A Deputy Clerk will deliver a copy of the Emergency Motion to the Judge’s chambers for review. Once the Judge has reviewed the court file and the Emergency Motion, the Judge will prepare and enter an Emergency Handling Order and copies will be distributed by JAWS.  If a party is unrepresented, then a copy of the Judge’s ruling on the Emergency Motion will be mailed.  If a hearing is required, the Judicial Assistant will coordinate by e-mail hearing dates/times with the parties. When possible, all parties email addresses should be included for service of any hearing notice or order. 


Trials
Effective April 1, 2024 all PTC and Trials will be held in person in Courtroom 403.  Additionally, the PTC will be scheduled for 30 minutes and the parties are required to upload an agreed Equitable Distribution chart prior to the PTC. (Equitable Distribution Worksheet)


All cases ready for trial must be set for Case Management Conference.  The parties can schedule on JAWS.  At this Case Management Conference, the Court will enter an order allowing the parties to set pre-trial conference and trial date with the Judicial Assistant.  The parties shall send an email to the Judicial Assistant with a copy of the order attached requesting trial and pre-trial dates.  The email shall also include the amount of time needed for the trial.  Once all parties agree to a trial date, the Uniform Order Setting Trial and Pre-Trial shall be uploaded within three days. 


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. The parties should be prepared to discuss provisions set forth in the Pre-Trial Memorandums and Pre-Trial Conference Order.

  1. 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 three (3) business days prior to the scheduled hearing.   Each exhibit must be uploaded separately as an individual PDF file.  The court does not have the capability to separate exhibits that are all included in one file to mark them as evidence. 
  2. Helpful tips for Exhibit Portal Upload:

    • You must add a unique description (i.e. Petitioner’s Exhibit 1, Respondent’s Exhibit 1, Joint Agreed Exhibit 1, etc) to each exhibit uploaded.  The file name of the uploaded exhibit does not appear in the exhibit portal.
    • The exhibits should have a cover page and be pre-marked with a label in the form indicated on this link (Exhibit Label).
    • Complete as much information as you can on the label.   

    The judge does not 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.
     

  3. A copy of any document provided to the Court shall also be provided to all other Parties.

 

Post-Judgment Hearings

  1. All post judgment matters must have an Order of Referral to the General Magistrate filed at the same time the petition or motion is filed.
  2. All post judgment matters MUST be mediated prior to the scheduling of any hearings.
  3. You must schedule post judgment hearings via JAWS. 

 

Final Disposition Forms
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”.

 

In Person/Zoom Hearings

  1. Any hearings or trials scheduled for thirty (30) minutes or more shall appear in person. 
  2. Any hearings scheduled for fifteen (15) minutes or less shall occur by Zoom.
  3. Evidentiary hearings must be scheduled for sixty (60) minutes and all parties shall appear in person.