Peter Dumas Russin
The following information was provided in response to a survey prepared by the Federal Court Practice Committee of The Florida Bar. This information is not binding on any judge or court official and may not be relied upon for precedential purposes. Further information may be found in the attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's website noted below.
Name of Court:
Southern District of Florida
Location of Chambers:
Email address (only for proposed orders or jury instructions):
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
Do you permit contact with chambers regarding the status of pending matters?
May counsel contact chambers to speak with your law clerks(s) on procedural matters?
May counsel contact chambers to speak with your law clerks(s) on the status of pending matters?
Counsel may contact my CRD re: scheduling
Use of Cell Phones, Laptops, and Other Electronics in Court
Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal courthouse, do you have any additional procedures to be followed for the use of cell phones, laptops, or other electronics?
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures relating to the use of cell phones or other electronic devices at the courthouse.
In addition to Local Rules or CM/ECF procedures applicable in the District:
Do you have a preferred method for counsel to correct an electronically filed document that inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?
Follow the local rules and/or contact the Clerk's office
Do you have a preferred method governing the filing of sealed documents?
Follow the local rules
Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?
When filing documents with multiple attachments, do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image?
Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?
Do you prefer to have proposed orders (other than those required to be filed in the case) submitted as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or another method?
Depends on the proposed order. If proposed findings and conclusions in the form of closing argument, they should be filed in CM/ECF. If simply a proposed order the content of which is not contested, it should be "uploaded".
When other parties have consented to a motion, do you prefer that the consent is stated in the motion or do you prefer a separately filed notice of consent?
In the motion
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, or any Local Rules, as to motions for enlargement of time or motions for continuance?
Should copies of cases cited in motions and memoranda be forwarded to chambers for published cases?
Should copies of cases cited in motions and memoranda be forwarded to chambers for unpublished opinions?
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
What is your practice or policy when counsel fails to serve opposing parties with motions within the times set forth in the rules or your orders?
Either continue the hearing or deny the motion.
What do you consider to be an emergency matter?
As described in the Local Rules.
How does one request emergency relief?
By motion pursuant to the Local Rules.
What are your procedures concerning ex parte temporary restraining orders?
When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling?
For which matters is the use of negative notice acceptable?
Those delineated in the Local Rules.
What is your preferred method for a party to request a hearing date?
Either self calendar or contact my CRD.
When you schedule a hearing, do you state whether the hearing will be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)?
Under what circumstances do you allow telephonic hearings?
Currently during COVID, all matters are by telephone unless set by Zoom.
Do you grant pro hac vice admission on oral request at hearings?
Yes but a motion and order is required by the Local Rules.
What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
Depends on the circumstances but violations of pre-trial or pre-hearing orders may result in sanctions.
Will you entertain motions in limine prior to trial?
If YES, how far in advance should they be filed?
Pursuant to the applicable pre-trial order.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
I strongly support mediation if it will assist the parties in resolving the matter.
Do you refer settlement conferences to another Bankruptcy Judge?
Do you grant specially set trial dates (dates certain)?
If YES, under what circumstances will you grant trial dates certain?
Depends on the circumstances.
Do you prefer opening statements?
Do you require trial briefs?
Do you require proposed findings of fact and conclusions of law to be filed?
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
At the conclusion of a contested evidentiary hearing or trial and with respect to dispositive motions.
Should the proposed findings and conclusions also be submitted to chambers electronically?
Links to your court's webpage with information about your practices or other links you recommend for practitioners:
See my webpage for sample orders.