USFLMD Rules of Court
Chapter 7
Miscellaneous Rules

RULE 7.01 | ATTORNEY’S FEE AND EXPENSES

(a) BIFURCATED PROCEDURE. Except in a social security action, a party claiming a post-judgment attorney’s fee and related non-taxable expenses must obtain an order determining entitlement before providing a supplemental motion on amount.

(b) MOTION ON ENTITLEMENT. Within fourteen days after entry of judgment, the party claiming fees and expenses must request a determination of entitlement in a motion that:

(1) specifies the judgment and the statute, rule, or other ground entitling the movant to the award,

(2) states the amount sought or provides a fair estimate of the amount sought, and

(3) includes a memorandum of law.

(c) SUPPLEMENTAL MOTION ON AMOUNT. Within forty-five days after the order determining entitlement, the party claiming fees and expenses must file a supplemental motion that:

(1) describes the meet-and-confer effort but preserves any confidential settlement communication;

(2) specifies the resolved and unresolved issues;

(3) includes a memorandum of law on any disputed issue;

(4) includes for any disputed rate or hour:

(A) the timekeeper’s identity, experience, and qualification;

(B) the timekeeper’s requested hours;

(C) each task by the timekeeper during those hours;

(D) the timekeeper’s requested rate;

(E) lead counsel’s verification that counsel charges the rate requested, has reviewed each task, and has removed each charge for a task that is excessive, duplicative, clerical, or otherwise unreasonable;

(F) evidence showing the reasonableness of the rates based on the prevailing market rate in the division in which the action is filed for similar services by a lawyer of comparable skill, experience, and reputation; and

(5) includes for a disputed non-taxable expense:

(A) a receipt for, or other evidence of, the expense and

(B) lead counsel’s verification that counsel incurred the expense.

(d) RESPONSE TO A SUPPLEMENTAL MOTION. A response to a supplemental motion on amount must detail the basis for each objection, including the identification by day and timekeeper of an unreasonable claim.

(e) ATTORNEY’S FEE IN A SOCIAL SECURITY ACTION AFTER REMAND. No later than fourteen days after receipt of a “close-out” letter, a lawyer requesting an attorney’s fee, payable from withheld benefits, must move for the fee and include in the motion:

(1) the agency letter specifying the withheld benefits,

(2) any contingency fee agreement, and

(3) proof that the proposed fee is reasonable.

US District Court, Florida, Middle District // © April 1, 2024

RULE 7.02 | ELECTRONICS IN A COURTHOUSE

(a) PROHIBITION. No person may enter or remain in a courthouse with an electronic device, except:

(1) a member of The Florida Bar or a specially admitted lawyer;

(2) a person with a judge’s order permitting passage with electronics;

(3) an employee who works in the courthouse, a lawyer who works for the United States, and a law enforcement officer on official business;

(4) an interpreter providing service under an active blanket purchase agreement and presenting a copy of the executed signature page of the agreement; and

(5) at a judge’s discretion, a petit or grand juror or member of the venire during service if the person:

(A) stores the device in a designated place except during a break,

(B) uses the device only in a designated area or in the jury assembly room, and

(C) uses the device only for a matter unrelated to the case.

(b) INSPECTION. A device is subject to inspection anywhere in the courthouse.

(c) SHARING OR DELIVERY. A person must not share a device with, or deliver a device to, another person.

RULE 7.03 | COURT’S REGISTRY

(a) DEPOSIT. A motion for leave to deposit money in the court’s registry:

(1) must state the amount of the deposit;

(2) must describe any dispute about ownership of, or entitlement to, the money;

(3) must specify whether the money is tendered for deposit in an interest-bearing account or a non-interest-bearing account; and

(4) must include a proposed order.

(b) DISBURSEMENT. A motion to disburse money from the court’s registry:

(1) must identify each recipient of the disbursement,

(2) must propose a precise disbursement of both the principal and the accumulated interest, and

(3) must include a proposed order accounting for each fee or other charge against the deposit.

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USFLMD Rules of Court
Chapter 7
Miscellaneous Rules

RULE 7.01 | ATTORNEY’S FEE AND EXPENSES

RULE 7.02 | ELECTRONICS IN A COURTHOUSE

RULE 7.03 | COURT’S REGISTRY

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USFLMD Rules of CourtChapter 7Miscellaneous Rules

RULE 7.01 | ATTORNEY’S FEE AND EXPENSES

RULE 7.02 | ELECTRONICS IN A COURTHOUSE

RULE 7.03 | COURT’S REGISTRY

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