Nushin G. Sayfie — Circuit Probate PMH 07

Nushin G. Sayfie

• Division: Circuit Probate
• Section: PMH 07
• Court Location: Osvaldo N. Soto Miami-Dade Justice Center
• Phone: (305) 349-7595
• Room: OSJC 17.261
• Judicial Assistant: Ricarda Ayala
• Bailiff: Larry Chester

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Ricarda Ayala, JA (rayala@jud11.flcourts.org)
Larry Chester, Court Specialist (lchester@jud11.flcourts.org) 

REQUIRED CHECKLIST CERTIFICATION FORMS
As of September 1, 2020, filings of petitions with proposed orders in courtMAP must include established checklist certification forms as supporting documents with your submissions.   A list of existing checklists can be found on our circuit website in the Probate Corner, along with the corresponding Administrative Memorandum.  See https://www.jud11.flcourts.org/Probate-Checklists. This procedure has been enacted to prevent frequently defective submissions and the resulting repeated rejections which cause unnecessary labor by the court.

The checklist certification forms must be filed through the e-filing portal and also uploaded as a supporting document to the petition through courtMap. Failure to include the checklist certification form will result in summary rejection of your submission. 
Please be aware that the checklist contains a certification of compliance which must be signed by the lawyer.  If you cannot certify compliance with the requirements listed on the checklist, set the matter for a special set hearing. Call chambers if you have any questions related to this matter. Read the certification carefully.  You will be held accountable under the law if the court finds that your certification was inaccurate.
INSTRUCTIONS ON HEARINGS
Please note: Division 07 does not have a Motion Calendar.  Hearings can be set as Special Set Hearings.  Please follow the rubric below to determine which calendar type in-person or Virtual/Zoom is appropriate.
fifteen (15)-minute to one (1) hour motions shall be conducted by Zoom (only the judge can change the format).

All non-evidentiary hearing less than one (1) hour will be conducted by Zoom, unless all parties wish to have the hearing held in-person AND the Judge agrees.
All evidentiary hearings and Bench Trials will be conducted in-person, unless all parties wish to have the hearing held on Zoom AND the Judge agrees.
All Jury Trials will be conducted in-person.

When parties agree to change hearing type:
            1.  Parties shall e-file a Notice of Agreement to the docket
            2.  Submit a proposed order changing presumption to the Judges Agreed Order folder on courtMAP, with the Notice of Agreement uploaded as a supporting document.
            3.  Court will enter order either granting or denying change of hearing type.
Zoom Hearings:
Please download the Zoom application, which you may use for free, at https://zoom.us/.  
Once a request for a virtual Zoom hearing is received and approved, all interested persons on the service list will receive an email with the Zoom instructions.  Please do not call the Judicial Assistant. This information will be sent to you automatically.  If you do not receive an invitation for the hearing via Outlook within 24 hours prior to your hearing start time, please check courtMAP for your zoom information.  If no zoom information is located, please call chambers.
Store the link provided in the invitation on your computer calendar and log in at the appointed time.  You must also share the link with your clients, opposing counsel, or any interested parties who do not appear on the service list.
You may appear telephonically or via video on Zoom
If you are aware that an interested party, or someone who is required to appear does not have access to necessary technologies, please cancel the hearing so necessary arrangements can be made for that interested party.
You are expected and required to observe proper decorum and procedure as in any other court appearance.  Do not Zoom into a virtual courtroom from a vehicle. When appearing over Zoom please make sure you properly identify yourself with your full first and last name in the display name view so that the Court is able to allow you into the hearing. 

Evidentiary Hearings via Zoom: 
All parties must follow the Administrative Memorandum, dated June 28, 2021, for INTRODUCTION OF EVIDENCE IN REMOTE VIRTUAL EVIDENTIARY HEARINGS.

In-Person Evidentiary Hearings: 

Parties should NOT be uploading evidence onto the docket.  The process of uploading evidence was a work around for virtual hearings only as a reaction to the pandemic and beyond. For in person hearings, parties need to appear in Court early (usually a half hour or hour prior to start time) to have their evidence marked for identification by the Clerk. For any questions, please contact my judicial assistant at 305-349-7595. 

Courtroom Technology: 

If parties intend to utilize courtroom technology, please email my judicial assistant in advance to the in-person hearing/trial to coordinate a time to test equipment to ensure everything runs smoothly during the in-person hearings or trials.  

• Special Set Request Form
• Admin. Memo: Checklist
• Evidence Submission Process
• Admin Memo. Into of Evidence-Virtual Hearings
• Admin. Order: 22-02
• Admin Memo-Guardian Credit History
• Admin Memo-Waiver and Consent Notarization

• Bachelor of Arts, Georgetown University, 1990
• JD, Fordham University School of Law, 1993
• Admitted to Florida Bar, 1994
• Circuit Court Judge, 2007
• Assistant Public Defender, 11th Judicial Circuit, 1994-99; 2001-07
• Assistant Public Defender, 2nd Judicial Circuit, 1999-2001

Judge	Section	Room	Telephone
Colodny, Yvonne	PMH 05	OSJC 17.230	305-349-7117

Additional Instructions

The Emergency Petition/Motion must be e-filed and appear on the Clerk of Court’s docket prior to uploading to courtMAP.  The Petition/Motion must contain a certification that the matter is a true emergency and cannot wait to be heard during a motion calendar. 
Emergency Petition/Motion MUST contain a statement indicating that opposing counsel has been notified in an attempt to resolve the matter in an amicable manner. 

Additional Instructions

E-file a Notice of Trial. Once the notice is on the docket, submit a copy via e-mail to nsanders@jud11.flcourts.org and ensuring all interested parties are cc'd on the email.

Additional Instructions

Do not e-file unsigned proposed orders.

All proposed orders must be in compliance with Administrative Order 22-02.

Most proposed orders with required supporting documents should be submitted under this tab.  The Court will review your submission for accuracy and legal sufficiency, and either reject or approve your submission.

If the matter has been heard by the court, include the words “Post Hearing” in the title of your proposed order.  That signals to the Court that she has already considered and ruled upon issues during a previously held hearing.

Generally, agreed orders are those resulting from adverse parties coming to a concurrence about a particular issue.  “Agreed” does not mean that all parties on one side of an issue have concurred.  An example would be when all beneficiaries agree to a particular matter.  Even when that occurs, your proposed order must be submitted under the proposed order tab.  Only submit agreed orders meeting this definition under the Agreed Order tab.

Your petitions and supporting documents must be filed and appear on the docket prior to submitting any proposed orders.  You must either set the matter for hearing, if need be, or submit your petitions, supporting documents and proposed orders via courtMap.

Do not upload supporting documents as EXHIBITS, as this will cause the document to be uploaded along with the executed order.

Procedures for Service of Motions to Disqualify on the Judiciary-Administrative Memorandum
https://www.jud11.flcourts.org/docs/Administrative%20Memorandum%20_Service%20of%20MTD%20on%20Judges%20-%2010-14-2021.pdf

Additional Instructions

-The moving party MUST coordinate the date/time with opposing counsel based on the Court's availability, which is found on courtMAP. Please ensure that the Petition/Motion to be heard at the Special Appointment Hearing has been e-filed and appears on the Clerk of Court's docket.   
-Specially set hearings are NOT scheduled until they are approved by the Court.  If the submission is rejected, the moving party will receive a rejection notice which will detail the reason for the rejection (this rejection will also appear in the submitter's workbench/rejected folder). Once the Court has approved the submission, the parties will receive an email from courtMAP indicating same.  A notice of hearing will be e-filed and served upon the parties via courtMap.  
-Submit Petitions/Motions, case law and Proposed Orders for review within 48 hours of setting hearing. 
-ADD-ON Petitions/Motions to special set hearings are not permitted without leave of Court.


SPECIAL SET HEARINGS ARE LIMITED TO ONE (1) HOUR 
-If you are attempting to schedule a hearing for more than an hour, you must e-mail the Special Set form (located in the “Documents” section) to chambers at rayala@jud11.flcourts.org and ensuring all interested parties are cc'd on the email.  

SUBMITTING RESPONSIVE PLEADINGS: Parties wishing to submit a response to a matter set on the Special Appointment Calendar must e-file said Response with the Clerk of Court’s and submit the Response via courtMAP under "Special Appointment" case number and hearing date, no later than 10 days prior to the hearing date.

TO CONFIRM A SPECIAL SET HEARING: Moving parties may check the workbench/approved folder via courtMAP.  All parties may confirm hearings by inputting the case number under calendar, select events by case number, and clicking on the magnifying glass.  A list of all upcoming hearings on the case searched will appear.  Hearings that appear in green or "ready" are confirmed.  Hearings that appear in gray or "cancelled" are not set.   

SPECIAL SET HEARING CANCELLATIONS: If you need to cancel a special set hearing, the cancelling party must e-file a Notice of Cancellation and email a copy to chambers at rayala@jud11.flcourts.org to inform the court of cancellation.

Documents and forms this judge posts

• Special Set Request Form
• Admin. Memo: Checklist
• Evidence Submission Process
• Admin Memo. Into of Evidence-Virtual Hearings
• Admin. Order: 22-02
• Admin Memo-Guardian Credit History
• Admin Memo-Waiver and Consent Notarization