USFLSD's Local Rules of Court
Chapter 1
General Rules
RULE INTRO | INTRODUCTORY STATEMENT
RULE 1.1 | SCOPE OF THE LOCAL RULES
When used in these Local Rules, the word “counsel” shall be construed to apply to a party if that party is proceeding pro se.
RULE 3.1 | DOCKETING AND TRIAL
Notwithstanding the foregoing, any civil or criminal proceeding or trial may, upon Order of Court and in the interest of justice, the status of the docket, or to assure compliance with requirements imposed under the Speedy Trial Act, be conducted at any jury division within the District.
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RULE 3.3 | CIVIL COVER SHEET
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RULE 3.8 | NOTICE OF TRANSFER OF REFILED AND SIMILAR ACTIONS AND PROCEDURES
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RULE 5.1 | FILING AND COPIES
(2) When filing a civil complaint for which issuance of initial process is requested, one (1) copy of the complaint must be submitted for each summons.
(3) Be on standard size 8-1/2”x 11” white, opaque paper.
(4) Be plainly typed or written on one (1) side with 1” margins on top, bottom, and each side. All typewritten documents, except for quoted material of fifty words or more and footnotes, both of which may be single-spaced, shall have not less than one and one-half (1 1/2) spaces between lines. Fonts for typewritten documents, including footnotes and quotations, must be no smaller than twelve (12) point. All typewritten documents must be paginated properly and consecutively at the bottom center of each page. Only one (1) side of the paper may be used.
(5) Include a caption with:
(B) The docket number, category (civil or criminal), and the last names of the assigned District Judge and Magistrate Judge, centered across the page;
(C) The style of the action, which fills no more than the left side of the page, leaving sufficient space on the right side for the Clerk of the Court to affix a filing stamp; and
(D) The title of the document, including the name and designation of the party (as plaintiff or defendant or the like) on whose behalf the document is submitted, centered across the page.
Exception:
(ii) papers filed in removed actions prior to removal from the state courts; and
(iii) forms provided by the Court.
(7) Not be transmitted to the Clerk of the Court or any Judge by facsimile.
(8) Be submitted with sufficient copies to be filed and docketed in each matter if styled in consolidated cases.
(c) Restriction on Courtesy Copies. Counsel shall not deliver extra courtesy copies to a Judge’s Chambers except when requested by a Judge’s office.
(d) Notices of Filing; Form and Content. The title of a notice of filing shall include (1) the name and designation of the party (as plaintiff or defendant or the like) on whose behalf the filing is submitted, and (2) a description of the document being filed. A notice of filing shall identify by title the pleading, motion or other paper to which the document filed pertains and the purpose of the filing, such as in support of or in opposition to a pending motion or the like.
(e) Consent to Service. Registration as an electronic filing user pursuant to Southern District of Florida CM/ECF Administrative Procedures §3B constitutes consent to receive service electronically pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49 and waiver of any right to receive service by any other means. Service of papers required to be served pursuant to Fed. R. Civ. P. 5(a) and Fed. R. Crim. P. 39 but not filed, such as discovery requests, may be made via email to the address designated by an attorney for receipt of notices of electronic filings.
(f) Inaccessibility of Clerk’s Office. During the time that the Court (or the Courthouse located in a particular division of the Court) is closed pursuant to Administrative Order 2022-86 (In Re: Policy for Emergency Closures of Federal Courthouse Facilities in the Southern District of Florida) or pursuant to separate order, the Clerk’s Office for the Court (or the particular division of the Court where the Courthouse is closed) shall be deemed inaccessible for purposes of Fed. R. Civ. 6(a)(3) and Fed. R. Crim. P.45(a)(3).
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RULE 5.2 | PROOF OF SERVICE AND SERVICE BY PUBLICATION
(b) Multiple Copies Unnecessary. Any document permitted to be filed via CM/ECF, including the corporate disclosure statement required by Federal Rule of Civil Procedure 7.1, shall be deemed to have been delivered in multiple if multiple copies are required to be filed.
(c) Publication. Publication required by law or rule of court shall be made in a newspaper of general circulation in the county in which the action is pending, e.g., The Daily Business Review.
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(1994) D. Rule 1.07(c), Local Rules, Middle District of Florida.
RULE 5.3 | FILES AND EXHIBITS
(b) Exhibits.
(2) Mandatory Electronic Filing. Unless otherwise ordered by the Court, within ten (10) days of the conclusion of a hearing or trial, a party must file and serve in the CM/ECF system
(b) a digital photograph of each non-documentary physical exhibit that the party offered or introduced into evidence.
(3) Exemptions from Mandatory Electronic Filing. The following exhibits shall be exempt from mandatory electronic filing and service in the CM/ECF system:
(B) Contraband images, audio recordings, and video recordings, which must be physically filed with the Clerk of the Court within ten (10) days of the conclusion of the hearing or trial, unless otherwise ordered, in the following form:
(ii) in original physical form if the contraband image was not offered or introduced at trial in electronic form.
(ii) delivered to the Clerk of the Court in accordance with the procedures for exhibits that are exempt from electronic filing and service, the attorney for that party shall also complete and electronically file and serve a Certification of Compliance Re Admitted Evidence form, which can be found at the Court’s website (http://www.flsd.uscourts.gov).
(6) Dismissals, Acquittals, and Voluntary Dismissals. Unless the Court, sua sponte or on motion of a party, orders compliance with subsection (b), such compliance is not required for a criminal jury trial that has concluded in a verdict of acquittal and/or pre-verdict dismissal pursuant to Fed. R. Crim. P. 29(a)-(b) on all charges, or for a civil case that has been dismissed pursuant to Fed. R. Civ. P. 41(a)(1).
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RULE 5.4 | FILINGS UNDER SEAL; DISPOSAL OF SEALED MATERIALS
(b) Procedure for Filing Under Seal in Civil Cases. A party seeking to file information or documents under seal in a civil case shall:
(2) A party appearing pro se seeking to make a filing under seal in a civil case that is not otherwise sealed in its entirety as permitted or required by federal law must comply with the procedures set forth in Local Rule 5.4(b)(1), except that the motion to file under seal shall be filed conventionally with the Clerk of Court and, if the Court grants the motion to file under seal, the sealed filing or Notice of Sealed Filing shall be submitted to the Clerk of Court in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside. The pro se party must also complete any required service of the sealed filing or Notice of Sealed Filing conventionally indicating the corresponding docket number of the sealed filing or Notice of Sealed Filing.
(3) A party or pro se party seeking to seal a case in its entirety must file a motion to seal conventionally with the Clerk of Court in a plain envelope clearly marked “sealed document” with the style of the case noted on the outside of the envelope. The motion to seal must set forth the factual and legal basis for departing from the policy that Court filings be public, describe the proposed sealed filing with as much particularity as possible without revealing the confidential information, and specify the proposed duration of the requested sealing. If the motion is granted, subsequent filings shall be filed conventionally with the Clerk of Court as sealed documents in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside. The filer must complete any required service of the sealed document(s) conventionally.
(2) Conventionally file the proposed sealed filing in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside.
(2) In criminal matters, conventionally file the ex parte filing in a plain envelope clearly marked “ex parte” with the case number and style of the case noted on the outside.
(3) In civil matters, electronically file the ex parte filing via CM/ECF as a restricted document using the events specifically earmarked for ex parte filings as described in Section 9 of the CM/ECF Administrative Procedures.
(4) A party appearing pro se must file documents conventionally.
(2) Ex Parte Filings. Access to ex parte motions and related filings will remain restricted unless the Court orders otherwise.
RULE 7.1 | MOTIONS, GENERAL
(B) motion for out-of-state process;
(C) motion for order of publication for process;
(D) application for default;
(E) motion for judgment upon default;
(F) motion to withdraw or substitute counsel;
(G) motion for continuance, provided the good cause supporting it is set forth in the motion and affidavit required by Local Rule 7.6;
(H) motion for confirmation of sale;
(I) motion to withdraw or substitute exhibits;
(J) motion for extensions of time providing the good cause supporting it is set forth in the motion;
(K) motion for refund of bond, provided the good cause supporting it is set forth in the motion;
(L) application for leave to proceed in forma pauperis; and
(M) motion for admission pro hac vice.
(3) Pre-filing Conferences Required of Counsel. Prior to filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a classaction, to dismiss for failure to state a claim upon which relief can be granted, for pro hac vice admission, or to involuntarily dismiss an action, for garnishment or other relief under Federal Rule of Civil Procedure 64, or otherwise properly filed ex parte under the Federal Rules of Civil Procedure and these Local Rules, or a petition to enforce or vacate an arbitration award, counsel for the movant shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing),with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with movant’s counsel shall cooperate and act in good faith in attempting to resolve the dispute. At the end of the motion, and above the signature block, counsel for the moving party shall certify either:
(B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement (including the date, time, and manner of each effort), but has been unable to do so. If certain of the issues have been resolved by agreement, the certification shall specify the issues so resolved and the issues remaining unresolved.
(2) A party who desires oral argument or a hearing of any motion shall request it within the motion or opposing memorandum in a separate section titled “request for hearing.” The request shall set forth in detail the reasons why a hearing is desired and would be helpful to the Court and shall estimate the time required for argument. The Court in its discretion may grant or deny a hearing as requested, upon consideration of both the request and any response thereto by an opposing party.
(3) Discovery motions may be referred to and heard by a United States Magistrate Judge.
(4) With respect to:
(B) any motion or other matter as to which the Court has conducted a hearing but has not entered an order or otherwise determined the motion or matter within ninety (90) days of the hearing, the movant or applicant, whether party or non-party, shall file and serve on all parties and any affected non-parties within fourteen (14) days thereafter a “Notification of Ninety Days Expiring” which shall contain the following information:
(ii) the title and docket number of any and all responses or opposing memoranda, along with the dates of service and filing, or if no such papers have been filed, the date on which such papers were due;
(iii) the title and docket entry number of any reply memoranda, or any other papers filed and served in connection with the motion or other matter, as well as the dates of service and filing; and
(iv) the date of any hearing held on the motion or other matter.
Time shall be computed under this Local Rule in accordance with applicable federal rules of procedure (e.g., Fed. R. Civ. P. 6(a) and Fed. R. Crim. P.45(a)).
(2) Length. Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages. As long as no substantive part of the submission appears on the same page(s), the following items do not count toward page limitations for purposes of this rule and any other rules or orders setting forth page limitations: title pages preceding the first page of text, tables of contents, tables of citations, “request for hearing” sections, signature pages, certificates of good faith conferences, and certificates of service. Filing and service of multiple motions for partial summary judgment is prohibited, absent prior permission of the Court. This prohibition does not preclude a party from filing both a motion for summary judgment asserting an immunity from suit and a later motion for summary judgment addressing any issues that may remain in the case. This prohibition also is not triggered when, as permitted by Fed. R. Civ. P. 12(d), the Court elects to treat a motion filed pursuant to Fed. R. Civ. P. 12(b) or 12(c) as a summary judgment motion.
(2) Expedited Motions. A filer whose time-sensitive motion does not qualify as an emergency motion but who nonetheless requires an expedited ruling by a date certain may file an expedited motion in lieu of an emergency motion. The motion must include the words “Expedited Motion” in the title and must set forth in detail the date by which an expedited ruling is needed and the reason the ruling is needed by the stated date.
A party appearing pro se must conventionally file emergency motions and expedited motions.
(2) what ruling was made thereon; and
(3) what new or different facts and circumstances are claimed to exist which did not exist, or were not shown, upon the prior application.
RULE 7.2 | MOTIONS PENDING ON REMOVAL OR TRANSFER TO THIS COURT
(b) any opposition to any such motion and all documents previously filed in opposition to any such motions,
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RULE 7.3 | ATTORNEYS FEES AND COSTS
This rule provides a mechanism to assist parties in resolving attorneys fee and costs disputes by agreement. A motion for an award of attorneys’ fees and/or non-taxable expenses and costs arising from the entry of a final judgment or order shall not be filed until a good faith effort to resolve the motion, as described in paragraph (b) below, has been completed. The motion shall:
(2) identify the judgment or other order which gives rise to the motion, as well as the statute, rule, or other grounds entitling the moving party to the award;
(3) state the amount sought;
(4) disclose the terms of any applicable fee agreement;
(5) provide:
(B) the number of hours reasonably expended by each such time keeper;
(C) a description of the tasks done during those hours; and
(D) the hourly rate(s)claimed for each timekeeper;
(7) be verified; and
(8) certify that a good faith effort to resolve issues by agreement occurred pursuant to Local Rule 7.3(b), describing what was and was not resolved by agreement and addressing separately the issues of entitlement to fees and amount.
A party shall seek costs that are taxable under 28 U.S.C. §1920 by filing and serving a bill of costs and supporting memorandum in accordance with paragraph 7.3(c) below. The costs and expenses sought in a motion under this paragraph shall not include any cost sought in a bill of costs.
(c) Bill of Costs. A bill of costs pursuant to 28 U.S.C. §1920 shall be filed and served within thirty (30) days of entry of final judgment or other appealable order that gives rise to a right to tax costs under the circumstances listed in 28 U.S.C. §1920. Prior to filing the bill of costs, the moving party shall confer with affected parties under the procedure outlined in S.D.Fla.L.R.7.1(a)(3) in a good faith effort to resolve the items of costs being sought.
An application for a bill of costs must be submitted on form (or in form substantially similar to) AO 133 of the Administrative Office of the United States Courts and shall be limited to the costs permitted by 28 U.S.C. §1920. Expenses and costs that the party believes are recoverable although not identified in §1920 shall be moved for as provided in paragraph 7.3(a) above. The bill of costs shall attach copies of any documentation showing the amount of costs and shall be supported by a memorandum not exceeding ten (10) pages. The prospects or pendency of supplemental review or appellate proceedings shall not toll or otherwise extend the time for filing a bill of costs with the Court.
RULE 7.6 | CONTINUANCES OF TRIALS AND HEARINGS
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RULE 7.7 | CORRESPONDENCE TO THE COURT
(b) furnish the Court with copies of correspondence between or among counsel, or any party, except when necessary as an exhibit when seeking relief from the Court.
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RULE 7.8 | NOTICE OF SUPPLEMENTAL AUTHORITY
(ii) may refer to a page of a previously filed motion or memorandum of law or to a point argued orally.
RULE 11.1 | ATTORNEYS
(b) Contempt of Court. Any person who before his or her admission to the Bar of this Court or during his or her disbarment or suspension exercises in this District in any action or proceeding pending in this Court any of the privileges of a member of the Bar, or who pretends to be entitled to do so, may be found guilty of contempt of Court.
(c) Professional Conduct. The standards of professional conduct of members of the Bar of this Court shall include the current Rules Regulating The Florida Bar. For a violation of any of these canons in connection with any matter pending before this Court, an attorney may be subjected to appropriate disciplinary action.
(d) Appearance by Attorney.
(2) Unless they have noticed their appearance by filing a pleading, written motion, or other paper, any attorney appearing on behalf of a non-party witness at a hearing shall file and serve a notice of appearance prior to the attorney’s appearance on behalf of the attorney’s client at the hearing. When the appearance relates to a grand jury matter, the notice of appearance shall be filed with the Clerk of the Court in such manner as to maintain the secrecy requirements of grand jury proceedings, if applicable.
(3) Withdrawal of appearance.
(B) The appearance of an Assistant Federal Public Defender, Assistant United States Attorney, or other federal, state, or local government attorney is withdrawn when a notice of reassignment or notice of substitution is filed in which an attorney from the withdrawing attorney’s office provides notice of that substitute attorney’s appearance in the action or proceeding.
(5) If an attorney dies, is suspended, or ceases to act as an attorney, then a party to an action or proceeding for whom the attorney was acting as counsel must, before any further proceedings are had in the action on the party’s behalf, appoint another attorney or appear in person, unless the party is already represented by another attorney.
(6) No agreement between parties or their attorneys, the existence of which is not conceded, in relation to the proceedings or evidence in an action, will be considered by the Court unless the same is made before the Court and noted in the record or is reduced to writing and subscribed by the party or attorney against whom it is asserted.
(7) Only one (1) attorney on each side shall examine or cross-examine a witness, and not more than two (2) attorneys on each side shall argue the merits of the action or proceeding unless the Court shall otherwise permit.
(f) Relation to Other Rules. This Local Rule governing attorneys is supplemented by the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys.
(g) Responsibility to Maintain Current Contact Information. Each member of the Bar of the Southern District, any attorney appearing pro hac vice, and any party appearing pro se shall maintain current contact information with the Clerk of Court. Each attorney shall update contact information including e-mail address within seven (7) days of a change. A party appearing pro se shall conventionally file a Notice of Current Address with updated contact information within seven (7) days of a change. The failure to comply shall not constitute grounds for relief from deadlines imposed by Rule or by the Court. All Court Orders and Notices will be deemed to be appropriately served if directed either electronically or by conventional mail consistent with information on file with the Clerk of Court.
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RULE 15.1 | FORM OF A MOTION TO AMEND AND ITS SUPPORTING DOCUMENTATION
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RULE 16.1 | PRETRIAL PROCEDURE IN CIVIL ACTIONS
(2) Case Management Tracks. There shall be three (3) case management tracks, as follows:
(B) Standard Track-a case requiring three (3) to ten (10) days of trial may be assigned to a standard track in which discovery shall be completed within 180 to 269 days from the date of the Scheduling Order.
(C) Complex Track-an unusually complex case requiring over ten (10) days of trial may be assigned to the complex track in which discovery shall be completed within 270 to 365 days from the date of the Scheduling Order.
(4) The parties shall recommend to the Court in their proposed Scheduling Order filed pursuant to Local Rule 16.1(b), to which particular track the case should be assigned.
(2) Conference Report. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for submitting to the Court, within fourteen (14) days of the conference, a written report outlining the discovery plan and discussing:
(B) the likelihood of appearance in the action of additional parties;
(C) proposed limits on the time:
(ii) to file and hear motions; and
(iii) to complete discovery.
(E) the necessity or desirability of amendments to the pleadings;
(F) the possibility of obtaining admissions of fact and of documents, electronically stored information or things which will avoid unnecessary proof, stipulations regarding authenticity of documents, electronically stored information or things, and the need for advance rulings from the Court on admissibility of evidence;
(G) suggestions for the avoidance of unnecessary proof and of cumulative evidence;
(H) suggestions on the advisability of referring matters to a Magistrate Judge or master;
(I) a preliminary estimate of the time required for trial;
(J) requested date or dates for conferences before trial, a final pretrial conference, and trial;
(K) any issues about:
(ii) claims of privilege or of protection as trial-preparation materials, including -- if the parties agree on a procedure to assert those claims after production -- whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; and
(iii) when the parties have agreed to use the ESI Checklist available on the Court’s website (www.flsd.uscourts.gov), matters enumerated on the ESI Checklist; and
(B) The detailed discovery schedule agreed to by the parties;
(C) Any agreements or issues to be decided by the Court regarding the preservation, disclosure, and discovery of documents, electronically stored information, or things;
(D) Any agreements the parties reach for asserting claims of privilege or protection of trial preparation material after production;
(E) A limitation of the time to join additional parties and to amend the pleadings;
(F) A space for insertion of a date certain for filing all pretrial motions;
(G) A space for insertion of a date certain for resolution of all pretrial motions by the Court;
(H) Any proposed use of the Manual on Complex Litigation and any other need for rule variations, such as on deposition length or number of depositions;
(I) A space for insertion of a date certain for the date of pretrial conference (if one is to be held); and
(J) A space for insertion of the date certain for trial.
(4) Notice of Requirement. Counsel for plaintiff, or plaintiff if proceeding pro se, shall be responsible for giving notice of the requirements of this subsection to each defendant or counsel for each defendant as soon as possible after such defendant’s first appearance.
(5) Exempt Actions. The categories of proceedings exempted from initial disclosures under Federal Rule of Civil Procedure 26(a)(1)(B) are exempt from the requirements of this subsection. The Court shall have the discretion to enter a Scheduling Order or hold a Scheduling Conference in any case even if such case is within an exempt category.
(6) Compliance with Pretrial Orders. Regardless of whether the action is exempt pursuant to Federal Rule of Civil Procedure 26(a)(1)(B), the parties are required to comply with any pretrial orders by the Court and the requirements of this Local Rule including, but not limited to, orders setting pretrial conferences and establishing deadlines by which the parties’ counsel must meet, prepare and submit pretrial stipulations, complete discovery, exchange reports of expert witnesses, and submit memoranda of law and proposed jury instructions.
(d) Pretrial Disclosures and Meeting of Counsel. Unless otherwise directed by the Court, at least thirty (30) days before trial each party must provide to the other party and promptly file and serve with the Court the information prescribed by Federal Rule of Civil Procedure 26(a)(3). No later than fourteen (14) days prior to the date of the pretrial conference, or if no pretrial conference is held, fourteen (14) days prior to the call of the calendar, counsel shall meet at a mutually convenient time and place and:
(2) Prepare a pretrial stipulation in accordance with paragraph (e) of this Local Rule.
(3) Simplify the issues and stipulate to as many facts and issues as possible.
(4) Examine all trial exhibits, except that impeachment exhibits need not be revealed.
(5) Exchange any additional information as may expedite the trial.
(2) The basis of federal jurisdiction.
(3) The pleadings raising the issues.
(4) A list of all undisposed of motions or other matters requiring action by the Court.
(5) A concise statement of uncontested facts which will require no proof at trial, with reservations, if any.
(6) A statement in reasonable detail of issues of fact which remain to be litigated at trial. By way of example, reasonable details of issues of fact would include:
(B) As to damages, the precise nature and extent of damages claimed;
(C) As to unseaworthiness or unsafe condition of a vessel or its equipment, the material facts and circumstances relied upon;
(D) As to breach of contract, the specific acts or omissions relied upon.
(8) A concise statement of issues of law which remain for determination by the Court.
(9) Each party’s numbered list of trial exhibits, other than impeachment exhibits, with objections, if any, to each exhibit, including the basis of all objections to each document, electronically stored information and thing. The list of exhibits shall be on separate schedules attached to the stipulation, should identify those which the party expects to offer and those which the party may offer if the need arises, and should identify concisely the basis for objection. In noting the basis for objections, the following codes should be used:
I – Contains inadmissible matter (mentions insurance, prior conviction, etc.)
R – Relevancy
H – Hearsay
UP – Unduly prejudicial-probative value outweighed by undue prejudice
P – Privileged
(10) Each party’s numbered list of trial witnesses, with their addresses, separately identifying those whom the party expects to present and those whom the party may call if the need arises. Witnesses whose testimony is expected to be presented by means of a deposition shall be so designated. Impeachment witnesses need not be listed. Expert witnesses shall be so designated.
(11) Estimated trial time.
(12) Where attorney’s fees may be awarded to the prevailing party, an estimate of each party as to the maximum amount properly allowable.
(g) Record of Pretrial Conference Is Part of Trial Record. Upon the conclusion of the final pretrial conference, the Court will enter further orders as may be appropriate. Thereafter the pretrial stipulation as so modified will control the course of the trial, and may be thereafter amended by the Court only to prevent manifest injustice. The record made upon the pretrial conference shall be deemed a part of the trial record; provided, however, any statement made concerning possible compromise settlement of any claim shall not be a part of the trial record, unless consented to by all parties appearing.
(h) Discovery Proceedings. All discovery proceedings must be completed no later than fourteen (14) days prior to the date of the pretrial conference, or if no pretrial conference is held, fourteen (14) days prior to the call of the calendar, unless further time is allowed by order of the Court for good cause shown.
(i) Newly Discovered Evidence or Witnesses. If new evidence or witnesses are discovered after the pretrial conference, the party desiring their use shall immediately furnish complete details thereof and the reason for late discovery to the Court and to opposing counsel. Use may be allowed by the Court in furtherance of the ends of justice.
(j) Memoranda of Law. Counsel shall serve and file memoranda treating any unusual questions of law, including motions in limine, no later than seven (7) days prior to the pretrial conference, or if no pretrial conference is held, seven (7) days prior to the call of the calendar.
(k) Proposed Jury Instructions or Proposed Findings of Facts and Conclusions of Law. At the close of the evidence or at an earlier reasonable time that the Court directs, counsel may submit proposed jury instructions or, where appropriate, proposed findings of fact and conclusions of law to the Court, with copies to all other counsel. Parties shall use pattern jury instructions whenever applicable. Unless a Court order provides otherwise, any proposed jury instruction shall identify its source and cite any supporting authorities. If the source of the jury instruction is identified as a pattern jury instruction, the party shall also state whether the proposed jury instruction is a modified version of that pattern jury instruction and, if so, how it has been modified. At the close of the evidence, a party may file and serve additional instructions covering matters occurring at the trial that could not reasonably be anticipated; and with the Court’s permission, file and serve untimely requests for instructions on any issue.
(l) Penalty for Failure to Comply. Failure to comply with the requirements of this Local Rule will subject the party or counsel to appropriate penalties, including but not limited to dismissal of the cause, or the striking of defenses and entry of judgment.
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RULE 16.2 | COURT ANNEXED MEDIATION
A certified mediator is an attorney, certified by the Chief Judge in accordance with these Local Rules, who possesses the unique skills required to facilitate the mediation process including the ability to suggest alternatives, analyze issues, question perceptions, use logic, conduct private caucuses, stimulate negotiations between opposing sides, and keep order.
The mediation process does not allow for testimony of witnesses. The mediator does not review or rule upon questions of fact or law, or render any final decision in the case.
(ii) whether the mediator declared an impasse;
(iii) whether the mediation was conducted in person or by video-conference; and
(iv) pursuant to Local Rule 16.2(e), whether any party failed to participate in the mediation.
(2) Lists of Certified Mediators. Lists of certified mediators shall be maintained in the offices of the Clerk of the Court and shall be made available to counsel and the public upon request.
(3) Qualifications of Certified Mediators. An individual may be certified to serve as a mediator in this District provided that the individual shall:
(B) currently be a member in good standing of The Florida Bar and the Bar of this Court; and
(C) have substantial experience either as a lawyer or mediator in matters brought in any United States District Court or Bankruptcy Court; and
(D) have been certified and remain in good standing as a circuit court mediator under the rules adopted by the Supreme Court of Florida; and
(E) have substantial experience as a mediator.
Any individual who seeks certification as a mediator shall agree to accept at least two (2) mediation assignments per year in cases where at least one (1) party lacks the ability to compensate the mediator, in which case the mediator’s fees shall be reduced accordingly or the mediator shall serve pro bono (if no litigant is able to contribute compensation).
The Chief Judge shall constitute an advisory committee from lawyers who represent those categories of civil litigants who may utilize the mediation program and lay persons to assist in formulating policy and additional standards relating to the qualification of mediators and the operation of the mediation program and to review applications of prospective mediators and to recommend certification to the Chief Judge as appropriate.
(4) Standards of Professional Conduct for Mediators. All individuals who mediate cases pending in this District shall be governed by the Standards of Professional Conduct in the Florida Rules for Certified and Court-Appointed Mediators adopted by the Florida Supreme Court (the “Florida Rules”) and shall be subject to discipline and the procedures therefor set forth in the Florida Rules. Every mediator who mediates a case in this District consents to the jurisdiction of the Florida Dispute Resolution Center and the committees and panels authorized thereby for determining the merits of any complaint made against any mediator in this District.
(5) Oath Required. Every certified mediator shall take the oath or affirmation prescribed by 28 U.S.C. §453 upon qualifying as a mediator.
(6) Disqualification of a Mediator. Any person selected as a mediator may be disqualified for bias or prejudice as provided in 28 U.S. C. §144, and shall be disqualified in any case in which such action would be required of a justice, judge, or Magistrate Judge governed by 28 U.S.C. §455.
(7) Compensation of Mediators. Mediators shall be compensated
(b) at such rate as may be agreed to in writing by the parties and the mediator, if the mediator is selected by the parties.
(2) Motion to vacate sentence under 28 U.S.C. §2255;
(3) Social Security cases;
(4) Civil forfeiture matters;
(5) IRS summons enforcement actions;
(6) Land condemnation cases;
(7) Default proceedings;
(8) Student loan cases;
(9) Naturalization proceedings filed as civil actions;
(10) Statutory interpleader actions;
(11) Truth-in-Lending Act cases not brought as classactions;
(12) Letters rogatory; and
(13) Registration of foreign judgments.
(B) Direct the parties, within fourteen (14) days of the date of the order of referral, to agree upon a mediator. The parties are encouraged to utilize the list of certified mediators established in connection with Local Rule 16.2(b) but may by mutual agreement select any individual as mediator. The parties shall file and serve a “Notice of Selection of Mediator” within that period of time. If the parties are unable to agree upon a mediator, plaintiff’s counsel, or plaintiff if self-represented, shall file and serve a “Request For Clerk To Appoint Mediator,” and the Clerk will designate a mediator from the list of certified mediators on a blind, random basis.
(C) Direct that, at least fourteen (14) days prior to the mediation date, each party give the mediator a confidential written summary of the case identifying issues to be resolved.
(3) Stipulation of Counsel. Any action or claim may be referred to mediation upon stipulation of the parties.
(4) Withdrawal from Mediation. Any civil action or claim referred to mediation pursuant to this rule may be exempt or withdrawn from mediation by the presiding Judge at any time, before or after reference, upon application of a party and/or determination for any reason that the case is not suitable for mediation.
(ii) if the mediation is being conducted in person, participation requires attending the mediation conference in person (i.e., in person if the party is a natural person, not through an agent; or if the party is an entity, by the personal attendance of an entity representative).
(f) Mediation Report; Notice of Settlement; Judgment.
(b) with the consent of the parties, arrange for one of the parties to file a “Notice of Filing Mediator’s Report,” which shall attach the report as an exhibit.
(2) Restrictions on the Use of Information Derived During the Mediation Conference. All proceedings of the mediation shall be confidential and are privileged in all respects as provided under federal law and Florida Statutes §44.405. The proceedings may not be reported, recorded, placed into evidence, made known to the Court or jury, or construed for any purpose as an admission against interest. A party is not bound by anything said or done at the conference, unless a written settlement is reached, in which case only the terms of the settlement are binding.
RULE 16.3 | CALENDAR CONFLICTS
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(2006) Krasnow v. Navarro, 9 F.2d 451 (11th Cir. 1990).
RULE 16.4 | NOTICE OF SETTLEMENT
RULE 23.1 | CLASS ACTIONS
(b) The pleading shall contain under a separate heading, styled “Class Action Allegations:”
(2) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:
(B) the basis upon which the plaintiff (or plaintiffs) claims
(ii) if the classis composed of defendants, that those named as parties are adequate representatives of the class
(D) in actions claimed to be maintainable as classactions under Federal Rule of Civil Procedure 23(b)(3), allegations thought to support the findings required by that subdivision.
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RULE 24.1 | CONSTITUTIONAL CHALLENGE TO ACT OF CONGRESS OR STATE STATUTE
(b) State Statute. Upon the filing of any action in which the constitutionality of a state statute, charter, ordinance, or franchise is challenged, counsel shall comply with the notice provisions of Florida Statutes §86.091.
(c) No Waiver. Failure to comply with this Local Rule will not be grounds for waiving the constitutional issue or for waiving any other right the party may have. Any notice provided under this rule, or lack of notice, will not serve as a substitute for, or as a waiver of, any pleading requirements set forth in the Federal Rules of Civil Procedure or statutes.
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RULE 26.1 | DISCOVERY AND DISCOVERY MATERIAL (CIVIL)
(b) Service and Filing of Discovery Material. Initial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing:
(2) interrogatories;
(3) requests for documents, electronically stored information or things, or to permit entry upon land;
(4) requests for admission;
(5) notices of taking depositions or notices of serving subpoenas; and
(6) privilege logs.
(d) Completion of Discovery. Party and non-party depositions must be scheduled to occur, and written discovery requests and subpoenas seeking the production of documents must be served in sufficient time that the response is due on or before the discovery cutoff date. Failure by the party seeking discovery to comply with this paragraph obviates the need to respond or object to the discovery, appear at the deposition, or move for a protective order.
(e) Interrogatories and Production Requests.
(2) Assertion of Privilege:
(B) Where a claim of privilege is asserted in objecting to any interrogatory or production demand, or sub-part thereof, and a complete answer is not provided on the basis of such assertion, within the time provided by subpart (D) below:
(ii) The following information shall be provided in the objection, unless divulgence of such information would cause disclosure of the allegedly privileged information:
(2) general subject matter of the document or electronically stored information;
(3) the date of the document or electronically stored information; and
(4) such other information as is sufficient to identify the document or electronically stored information for a subpoena duces tecum, including, where appropriate, the author, addressee, and any other recipient of the document or electronically stored information, and, where not apparent, the relationship of the author, addressee, and any other recipient to each other;
(2) the date and the place of communication; and
(3) the general subject matter of the communication.
(D) Timing for Party Discovery: Unless the parties agree on a different time frame or the Court orders otherwise, the privilege log required under subpart (C) above shall be served no later than fourteen (14) days following service of:
(ii) the response to the request for production if all responsive documents are being withheld on the basis of such privilege or protection.
(ii) any claim of privilege or work product protection in response to the subpoena if all responsive documents are being withheld on the basis of such privilege or protection.
(B) any relevant compilations, abstracts or summaries in its custody or readily obtainable by it, unless those materials are privileged or otherwise immune from discovery.
(C) the records and materials for inspection and copying within fourteen (14) days after service of the answers to interrogatories or at a date agreed upon by the parties.
(5) The documents, electronically stored information, or things should be referenced to specific paragraphs of a request for production where practicable, unless the producing party exercises its option under Federal Rule of Civil Procedure 34(b) to produce documents as they are kept in the usual course of business. The party producing documents in response to a request for production has an obligation to explain the general scheme of record-keeping to the inspecting party. The objective is to acquaint the inspecting party generally with how and where the documents, electronically stored information, or things are maintained.
(6) Each page of any document produced in a non-electronic format must be individually identified by a sequential number that will allow the document to be identified but that does not impair review of the document.
(7) A party responding to a request for production of documents or materials shall serve a Notice of Completion of Production at the time that party produces (or otherwise makes available) the last of the documents or other materials that are responsive to the request that are not being withheld pursuant to an objection.
(2) After a claim of privilege has been asserted, unless divulgence of requested information would cause disclosure of privileged information, the attorney or party seeking disclosure shall have reasonable latitude during the deposition to question the witness to establish other relevant information concerning the assertion of the privilege, including questions about the topics set forth in Local Rule 26.1(e)(2)(B)(ii) above.
(2) Requirements and Deadlines for Seeking Court Intervention Concerning Discovery Disputes.
(ii) for a discovery dispute relating to a deposition that has been completed, a party shall submit the dispute within twenty-eight (28) days of the last day of testimony in the deposition giving rise to the dispute;
(iii) for a discovery dispute relating to the sufficiency of a production of documents or other materials, a party shall submit the dispute within twenty-eight (28) days of the producing party’s service of the Notice of Completion of Production as required by S.D. Fla. L.R. 26.1(e)(7); and
(iv) for any other discovery dispute, a party shall submit the dispute within twenty-eight (28) days of the date when the issue was first raised with the opposing party.
(C) The deadlines set forth in (A)(i)-(iv) may be extended once for up to seven (7) days by an unfiled, written stipulation between the parties, provided that the stipulation does not conflict with any Court order.
(D) The duty to conduct a pre-filing conference pursuant to S.D. Fla. L.R. 7.1(a)(3) shall not toll the deadlines set forth in (A)(i)-(iv) or any deadline provided by the assigned judge’s discovery procedures unless those discovery procedures specifically provide otherwise.
Failure to comply with this rule obviates the need for protective order.
Notwithstanding the foregoing, in accordance with Federal Rule of Civil Procedure 32(a)(5)(A), no deposition shall be used against a party who, having received less than eleven (11) calendar days’ notice of a deposition as computed under Federal Rule of Civil Procedure 6(a), has promptly upon receiving such notice filed and served a motion for protective order under Federal Rules of Civil Procedure 26(c)(1)(B) requesting that the deposition not be held or be held at a different time or place and such motion is pending at the time the deposition is held.
(i) Subpoenas; Cooperation. Whenever a party, before trial, receives objections, documents, electronically stored information, or other things from a non-party in response to a subpoena, the party receiving same shall promptly notify all other parties of such receipt, and shall, upon request, make the materials available for inspection to all other parties in the same form or format as received from the non-party. The other parties may request copies of objections, documents, electronically stored information, or other things, but the expense associated with providing such copies shall be borne by the party requesting the copies, except by order of the Court for good cause shown. Nothing in this subdivision is intended to create, eliminate, enlarge, or reduce any post-judgment notice, disclosure, production, or inspection obligations.
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RULE 47.1 | TAXATION OF COSTS FOR UNDUE INCONVENIENCE TO JURIES
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RULE 56.1 | MOTIONS FOR SUMMARY JUDGMENT
(2) An opponent’s Statement of Material Facts shall clearly challenge any purportedly material fact asserted by the movant that the opponent contends is genuinely in dispute. An opponent’s Statement of Material Facts also may thereafter assert additional material facts that the opponent contends serve to defeat the motion for summary judgment.
(3) The movant shall respond to any additional facts asserted in the opponent’s Statement of Material Facts even if the movant does not serve a reply memorandum. The due date for the Reply Statement of Material Facts is the due date for the reply memorandum.
(B) Consist of separately numbered paragraphs, limited as far as practicable to a single material fact, with each fact supported by specific, pinpoint references to particular parts of record material, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, and interrogatory answers (e.g., Exhibit D, Smith Affidavit, ¶2; Exhibit 3, Jones deposition, p. 12/lines 4-9).
(B) An opponent’s Statement of Material Facts shall use, as the very first word in each paragraph-by-paragraph response, the word “disputed” or “undisputed.”
(C) If an opponent’s Statement of Material Facts disputes a fact in the movant’s Statement of Material Facts, then the evidentiary citations supporting the opponent’s position must be limited to evidence specific to that particular dispute.
(D) Any additional facts that an opponent contends are material to the motion for summary judgment shall be numbered and placed immediately after the opponent’s response to the movant’s Statement of Material Facts. The additional facts shall use separately numbered paragraphs beginning with the next number following the movant’s last numbered paragraph. The additional facts shall be separately titled as “Additional Facts” and may not exceed five (5) pages (beyond the ten-(10)page limit for the opponent’s Statement of Material Facts.
(B) The Reply Statement of Material Facts shall correspond with the order and paragraph numbering format used in the opponent’s additional facts, identifying with the very first word in each fact as “disputed” or “undisputed” at the beginning of each paragraph in the statement, and, if disputed, citing to particular parts of materials in the record in the same manner as required by subsections (b)(1) and (b)(2).
(C) The movant may file and serve a reply memorandum of law, which is separate and distinct from the required Reply Statement of Material Facts addressing the opponent’s additional facts.
(ii) any exception under Fed. R. Civ. P. 56 does not apply.
(e) Prohibition Against Multiple Motions for Summary Judgment. Filing and service of multiple motions for partial summary judgment is prohibited, absent prior permission of the Court. This prohibition does not preclude a party from filing both a motion for summary judgment asserting an immunity from suit and a later motion for summary judgment addressing any issues that may remain in the case. This prohibition also is not triggered when, as permitted by Fed. R. Civ. P. 12(d), the Court elects to treat a motion filed pursuant to Fed. R. Civ. P. 12(b) or 12(c) as a summary judgment motion.
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RULE 62.1 | APPEAL BONDS OR OTHER SECURITY
RULE 67.1 | COURT REGISTRY AND WRITS OF GARNISHMENT
(b) In any case where an Order of Court directs the Clerk of the Court to handle a specific investment in a different manner than specified by Internal Operating Procedures, the interested party shall serve a copy of the Order upon the Clerk of the Court personally or a deputy clerk specifically designated in accordance with the wording of Federal Rule of Civil Procedure 67, to-wit:
“The party making the deposit shall serve the Order permitting deposit on the Clerk of this Court.”(c) A party applying for the issuance of a writ of garnishment shall pay the amount prescribed by applicable Florida law to the garnishee. The payment is for the attorneys’ fees of the garnishee. Monies previously required to be deposited in the non-interest-bearing registry of the Court shall be disbursed as follows:
(2) In cases of a pre-judgment writ of garnishment, if the garnishee fails to make written demand within sixty (60) days of the conclusion of the case, including all appeals, the Clerk of the Court shall return such deposit to the depositing party (or their counsel)without further order or request, unless otherwise directed by the Court.
(3) In cases of a post-judgment writ of attachment, if the garnishee fails to make written demand within sixty (60) days after post-judgment proceedings on the writ have concluded, including all appeals concerning the writ, the Clerk of the Court shall return such deposit to the depositing party (or their counsel) without further order or request, unless otherwise directed by the Court.
(4) If garnishment cost deposit monies remain on deposit with the Clerk of the Court more than five (5) years after the conclusion of a case or post-judgment proceedings, including all appeals, and if the Clerk of the Court has made reasonable attempts to provide notice to the depositing party or to distribute those monies without success, those unclaimed monies shall be moved into the appropriate U.S. Treasury Unclaimed Funds account pursuant to Title 28, United States Code, Section 2042, without further order of Court. Any monies deposited with the U.S. Treasury under these provisions as unclaimed are available for immediate disbursement to any party by the Clerk of the Court upon application and further Court order.
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(2002) Federal Rule of Civil Procedure 69, Florida Statute Section 77.28, and Administrative Orders 90–104, 98–51 and 2001–69.
RULE 77.1 | PHOTOGRAPHING, BROADCASTING, TELEVISING
(b) following a declaration of a local, state, or national emergency, audio and video recording may be permitted by order of the Court.
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(2011) Amended to provide for participation in pilot program for the study of camera use in district courtrooms pursuant to those guidelines issued by the Judicial Conference Committee on Court Administration and Case Management (www.uscourts.gov).
RULE 77.2 | RELEASE OF INFORMATION IN CRIMINAL AND CIVIL PROCEEDINGS
(b) With respect to a grand jury or other pending investigation of any criminal matter, a lawyer participating in or associated with the investigation shall refrain from making any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication, that goes beyond the public record or that is not necessary to inform the public that the investigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the investigation.
(c) From the time of arrest, issuance of an arrest warrant, or the filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer or law firm associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication, relating to that matter and concerning:
(2) The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement.
(3) The performance of any examinations or tests or the accused’s refusal or failure to submit to an examination or test.
(4) The identity, testimony, or credibility of prospective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law.
(5) The possibility of a plea of guilty to the offense charged or a lesser offense.
(6) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the evidence in the case.
(d) During the trial of any criminal matter, including the period of selection of the jury, no lawyer or law firm associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview, relating to the trial or the parties or issues in the trial which a reasonable person would expect to be disseminated by means of public communication, except that the lawyer or law firm may quote from or refer without comment to public records of the Court in the case.
(e) After the completion of a trial or disposition without trial of any criminal matter, and prior to the imposition of sentence, a lawyer or law firm associated with the prosecution or defense shall refrain from making or authorizing any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will affect the imposition of sentence.
(f) Nothing in this Local Rule is intended to preclude the formulation or application of more restrictive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies, or to preclude any lawyers from replying to charges of misconduct that are publicly made against the lawyer or law firm.
(g) A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to:
(2) The character, credibility, or criminal record of a party, witness, or prospective witness.
(3) The performance or results of any examinations or tests or the refusal or failure of a party to submit to such.
(4) The lawyer’s opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule.
(5) Any other matter reasonably likely to interfere with a fair trial of the action.
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RULE 87.1 | AUTHORITY OF BANKRUPTCY JUDGES TO MAKE LOCAL RULES
RULE 87.2 | REFERENCE OF BANKRUPTCY MATTERS
(b) Authority of Bankruptcy Judges. If a Bankruptcy Judge or District Judge determines that entry of a final order or judgment by a Bankruptcy Judge would not be consistent with Article III of the United States Constitution in a particular case or proceeding referred under the Order of Reference and determined to be a core matter, the Bankruptcy Judge shall, unless otherwise ordered by the District Court, hear the case or proceeding and submit proposed findings of fact and conclusions of law stated on the record or in an opinion or memorandum of decision.
(c) Authority of District Court to Treat Final Orders as Proposed Findings and Conclusions. As provided in Federal Rule of Bankruptcy Procedure 8018.1, if, on appeal, the District Court determines that the Bankruptcy Court did not have the power under Article III of the United States Constitution to enter the judgment, order, or decree appealed from, the District Court may treat such judgment, order, or decree as proposed findings of fact and conclusions of law.
RULE 87.3 | MOTIONS FOR WITHDRAWAL OF REFERENCE OF CASE OR PROCEEDING FROM THE BANKRUPTCY COURT
RULE 87.4 | BANKRUPTCY APPEALS
(b) Docketing of Notice of Appeal in District Court. All notices of appeal filed in the Bankruptcy Court under Federal Rule of Bankruptcy Procedure 8003 and 8004 shall be electronically transmitted promptly to the Clerk of the District Court by the Bankruptcy Clerk resulting in the opening of a new civil case in District Court’s automated case management system CM/ECF.
(c) Limited Authority of Bankruptcy Court to Enter Orders Prior to Transmittal of Record to District Court. After the notice of appeal is electronically transmitted to the District Court and a civil case is opened but before the record is transmitted to the District Court, the Bankruptcy Court is authorized and directed to dismiss an appeal for appellant’s:
(2) failure to comply with the time limitations specified in Federal Rule of Bankruptcy Procedure 8002; or
(3) failure to file a designation of the items for the record or copies thereof or a statement of the issues as required by Federal Rule of Bankruptcy Procedure 8009, and Local Bankruptcy Rule 8009-1.
(d) Motions for Stay and Other Intermediate Requests for Relief. Motions for stay pending appeal filed in the District Court pursuant to Federal Rule of Bankruptcy Procedure 8007(b), motions to review Bankruptcy Court orders entered under Federal Rule of Bankruptcy Procedure 9006(b), and other motions requesting intermediate relief as set forth in Federal Rule of Bankruptcy Procedure 8010(c), shall be filed in the District Court case opened upon transmittal to the District Court of the notice of appeal and served on all parties. The movant shall designate any relevant portions of the Bankruptcy Court record necessary for the District Court to rule on the motion. It shall be the duty of the Clerk of the District Court immediately to transmit a copy of the order ruling on said motion to the Clerk of the Bankruptcy Court. Local Rules 5.1 and 7.1 shall apply to motions for stay and other motions seeking intermediate appellate relief from the District Court.
(e) Motions for Leave to Appeal. A motion for leave to appeal and notice of appeal shall be filed in the Bankruptcy Court pursuant to Local Bankruptcy Rule 8004-1 and served on all parties. Upon transmittal of the notice, motion, and related documents to the District Court, a civil case shall be opened as provided in subsection (b) of this Local Rule.
(2) Form and Length of Briefs. The form and length of briefs specified by Federal Rule of Bankruptcy Procedure 8015, and summarized in the Federal Rules of Bankruptcy Procedure Part VIII Appendix: Length Limits Stated in Part VIII of the Federal Rules of Bankruptcy Procedures, may be altered only by the order of the District Court. Failure to comply with Federal Rule of Bankruptcy Procedure 8015 may result in the striking of a brief. District Court Local Rules 5.1 and 7.1 do not apply to briefs governed by Federal Rule of Bankruptcy Procedure 8015.
(h) Judgment. Upon receipt of the District Court’s opinion, the Clerk of the District Court shall enter judgment in accordance with Federal Rule of Bankruptcy Procedure 8024(a) and, in accordance with Federal Rule of Bankruptcy Procedure 8024(b), immediately shall transmit to each party and to the Clerk of the Bankruptcy Court a notice of entry together with a copy of the District Court’s opinion.
(i) Appeal. If an appeal remains pending three (3) months after its entry on the District Court docket, the appealing party shall file and serve on all parties a “Notice of 90 Days Expiring” in the manner prescribed by Local Rule 7.1(b)(4).
(j) Notice. The Clerk of the Bankruptcy Court shall provide reference to this Local Rule with the notice of appeal provided to each party in accordance with Federal Rule of Bankruptcy Procedure 8003(c)(1). Failure to receive such a copy will not excuse compliance with all provisions of this Local Rule.
(k) Court Discretion. This Local Rule is not intended to exhaust or restrict the District Court’s discretion as to any aspect of any appeal.
(l) Sealed Documents. Pursuant to Federal Rule of Bankruptcy Procedure 8009(f), if a document sealed by the Bankruptcy Court is to be included in the record on appeal, a motion must be filed in the District Court to accept the sealed document and served on all parties. If the motion is granted, the Bankruptcy Clerk promptly will transmit the sealed document to the District Court Clerk.
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RULE 87.5 | DESIGNATION OF BANKRUPTCY JUDGES TO CONDUCT JURY TRIALS
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RULE 88.1 | APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN CRIMINAL PROCEEDINGS
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RULE 88.2 | POST CONVICTION, HABEAS CORPUS, AND CIVIL RIGHTS PROCEEDINGS
(2) Petitions for writ of habeas corpus pursuant to 28 U.S.C. §2254 (state prisoner attacking conviction),
(3) Motions to Vacate pursuant to 28 U.S.C. §2255 (federal prisoner attacking conviction),
(4) Civil rights complaints pursuant to 42 U.S.C. §1983 (Constitutional deprivation under color of state law),
(5) Civil rights complaints pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) (Constitutional deprivation under color of federal law).
(b) When a petition, motion to vacate, or complaint is submitted in forma pauperis, the petitioner/movant/plaintiff shall submit the form “Application to Proceed Without Prepayment of Fees and Affidavit,” which may be obtained from the Clerk of the Court, or an affidavit which substantially follows the form, and shall, under oath, set forth information which establishes that he or she is unable to pay the fees and costs of the proceedings referenced above.
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RULE 88.3 | PETTY AND CERTAIN MISDEMEANOR OFFENSES
(b) Collateral and Mandatory Appearance.
(2) Collateral may not be posted for any covered offense if the alleged violator has previously been convicted of any such offense.
(2) The posting of collateral shall signify that the offender does not wish to appear nor request a hearing before the Judge. Collateral so posted shall be forfeited to the United States and the proceedings shall be terminated.
(2) No person shall be detained for failure to post collateral for a covered offense for which collateral may be posted unless the person is placed under arrest.
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RULE 88.5 | SPEEDY TRIAL REPORTS
(b) All excludable time as recorded on the docket on which there is conflict, including the applicable statutes or law.
(c) Computation of the gross time, excludable time, net time remaining, and the final date upon which the defendant can be tried in compliance with the Speedy Trial Plan of this Court.
(d) Any agreement by the parties as to excludable time which exceeds the amount recorded on the docket shall have no effect unless approved by the Court.
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RULE 88.7 | RETAINED CRIMINAL DEFENSE ATTORNEYS
(b) All notices of permanent appearance in the District Court, and motions for substitution of counsel, shall state whether the appearance of counsel is for trial only or for trial and appeal.
(c) At arraignment, the Magistrate Judge will inquire of each defendant and counsel whether counsel has been retained for trial only or for trial and appeal. Where counsel indicates that he or she has been retained only for trial, the defendant will be notified that it is the defendant’s responsibility to arrange for counsel for any necessary appeals.
(d) In cases where the defendant moves the Court to proceed in forma pauperis on appeal, or for appointment of Criminal Justice Act appellate counsel, the Court will consider, in passing upon such applications, factors such as
(ii) the contract between the defendant and trial counsel;
(iii) the defendant’s present financial condition and ability to have retained only trial counsel;
(iv) retained counsel’s appellate experience;
(v) the financial burden that prosecuting the appeal would impose upon trial counsel, in view of the fee received and the professional services rendered; and
(vi) all other relevant factors, including any constitutional guarantees of the defendant.
(ii) the likelihood that the acceptance of the particular employment precluded other employment by the lawyer;
(iii) the fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature;
(iv) the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained;
(v) the time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client;
(vi) the nature and length of the professional relationship of the client; and
(vii) the experience, reputation, diligence and ability of the lawyer or lawyers performing the service and the skill, expertise or efficiency of efforts reflected in the actual providing of such services.
(f) Those parts of proceedings undertaken pursuant to paragraphs (d) and (e) of this Local Rule that involve confidential or privileged information or communications shall be held in camera, ex-parte, and under seal.
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RULE 88.8 | PRESENTENCE INVESTIGATIONS
(b) Counsel for the parties shall confer no later than seven (7) days prior to the scheduled sentencing hearing proceeding with respect to the anticipated length of the sentencing and the number of witnesses to be called. If either party reasonably anticipates that the sentencing proceeding will exceed one hour, the party shall file and serve on all parties a notice with the Clerk of the Court and shall hand deliver a courtesy copy to the United States Probation Office no later than five (5) days prior to the sentencing proceeding. The notice shall advise the Court of the number of witnesses to be called and the estimated time required for the sentencing proceeding. Additionally, counsel for the parties shall file within the same time period any notice for enhancement of sentence or requests for departure.
(c) The recommendation as to sentencing made to the Court by the United States Probation Office shall remain confidential.
(d) Counsel for the parties may retain the PSI in their custody, and counsel for the defendant shall provide a copy to the defendant. However, the PSI is a confidential document and neither the parties nor their counsel are authorized to duplicate or disseminate it to third parties without prior permission of the Court.
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RULE 88.9 | MOTIONS IN CRIMINAL CASES AND JURY INSTRUCTIONS
Section 7.1(b), which pertains to hearings. Hearings on criminal motions may be set by the Court upon appropriate request or as required by the Federal Rules of Criminal Procedure and/or Constitutional Law.
In addition, at the time of filing motions in criminal cases, counsel for the moving party shall file with the Clerk of the Court a statement certifying either:
(2) that counsel for the moving party has made reasonable effort (which shall be identified with specificity in the statement) to confer with the opposing party but has been unable to do so.
(c) Motions in criminal cases shall be filed and served within twenty-eight (28) days from the arraignment of the defendant to whom the motion applies, except that motions arising from a post-arraignment event shall be filed and served within a reasonable time after the event.
(d) Parties shall use pattern jury instructions whenever applicable. Unless a Court order provides otherwise, any proposed jury instruction shall identify its source and cite any supporting authorities. If the source of the jury instruction is identified as a pattern jury instruction, the party shall also state whether the proposed jury instruction is a modified version of that pattern jury instruction and, if so, how it has been modified.
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RULE 88.10 | CRIMINAL DISCOVERY
(b) Following a defendant’s request to the Court for entry of the Standing Discovery Order and the Court’s entry of the Standing Discovery Order, the defendant, subject to the provisions of Fed. R. Crim. P. 16(b)(2), shall:
(2) after the government complies with Fed. R. Crim. P. 16(a)(1)(F), comply with the obligations that arise under Fed. R. Crim. P. 16(b)(1)(B).
(d) The government shall disclose to the defendant the existence and substance of any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective government witnesses, within the scope of Giglio v. United States, 405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).
(e) The government shall supply the defendant with a record of prior convictions of any alleged informant who will testify for the government at trial.
(f) The government shall state whether defendant was identified in any lineup, showup, photo array or similar identification proceeding, and produce any pictures utilized or resulting therefrom.
(g) The government shall advise its agents and officers involved in this case to preserve all rough notes.
(h) The government shall comply with the notice obligations set forth in Federal Rule of Evidence 404(b).
(i) The government shall state whether the defendant was an aggrieved person, as defined in 18 U.S.C. §2510(11), of any relevant electronic surveillance that was authorized pursuant to 18 U.S.C. §2516 and 18 U.S.C. §2518 and that has been unsealed in accordance with 18 U.S.C. §2518, and if so, shall set forth in detail the circumstances thereof.
(j) The government shall have transcribed the grand jury testimony of all witnesses who will testify for the government at the trial of this cause, preparatory to a timely motion for discovery.
(k) The government shall, upon request, deliver to any chemist selected by the defense, who is presently registered with the Attorney General in compliance with 21 U.S.C. §§822 and 823, and 21 C.F.R. §101.22(8), a sufficient representative sample of any alleged contraband which is the subject of this indictment, to allow independent chemical analysis of such sample.
(l) The government shall permit the defendant, his counsel and any experts selected by the defense to inspect any automobile, vessel, or aircraft allegedly utilized in the commission of any offenses charged. Government counsel shall, if necessary, assist defense counsel in arranging such inspection at a reasonable time and place, by advising the government authority having custody of the thing to be inspected that such inspection has been ordered by the court.
(m) The government shall provide the defense, for independent expert examination, copies of all latent fingerprints or palm prints which have been identified by a government expert as those of the defendant.
(n) The parties shall make every possible effort in good faith to stipulate to all facts or points of law the truth and existence of which is not contested and the early resolution of which will expedite the trial.
(o) Schedule of Discovery.
(2) Discovery which is to be made in connection with trial shall be made not later than fourteen (14) days after the arraignment, or such other time as ordered by the court.
(3) When discovery concerning expert witnesses has been requested and is required to be made pursuant to Fed. R. Crim. P. 16(a)(1)(G) or Fed. R. Crim. P. 16(b)(1)(C), it shall be made as follows, or at such other time as ordered by the court:
the bases and reasons for those opinions, and
the type of expert witness who will be providing the anticipated testimony.
(ii) no later than seven (7) days before the commencement of trial for testimony that the government intends to present at trial during its rebuttal to counter testimony that the defendant has timely disclosed under Fed. R. Crim. P. 16(b)(1)(C);
(iii) no later than twenty-one (21) days before the commencement of trial for testimony that the defendant intends to present at trial during the defendant’s case-in-chief, including testimony on the defendant’s mental condition, except that this disclosure need not be provided earlier than fourteen (14) days after the arraignment; and
(iv) no later than seven (7) days before the commencement of trial for testimony that the defendant intends to present at trial to counter testimony that the government has timely disclosed under Fed. R. Crim. P. 16(a)(1)(G).
(5) It shall be the continuing duty of counsel for both sides to immediately reveal to opposing counsel all newly discovered information or other material within the scope of this Local Rule.
(5) In accordance with Fed. R. Crim. P. 16.1(a), no later than fourteen (14) days after a defendant’s arraignment, the attorney for the government and the defendant’s attorney must confer and try to agree on:
(B) a timetable and procedures for pretrial disclosure under Rule 16 if the Standing Discovery has not been requested and entered.
Authority
Comments
RULE 88.11 | AFTER HOURS CRIMINAL DUTY PROCEDURES
Once the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or to the arresting agents who shall transmit the bond information to the booking officials at the receiving institution. A “permanent” bond shall be set for the defendant at the next available prescribed Duty Magistrate Judge Court session when the defendant appears for initial appearance.
For arrests that occur during the business week, prior to the end of the business day but subsequent to a time when an initial appearance at the prescribed session of Magistrate Judge Court can be made, the Duty Assistant United States Attorney shall contact the Duty Magistrate Judge in chambers for the purpose of having a temporary bond set. As with after-hours arrests, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents. If the Duty Magistrate Judge is on the bench when a Duty Assistant United States Attorney calls for the purpose of having a temporary bond set, the Duty Magistrate Judge will return the Duty Assistant United States Attorneys call as soon as the Duty Magistrate Judge gets off the bench.
For after-hours arrests, the Duty Assistant United States Attorney shall leave a message on the Duty Magistrate Judge’s beeper or cell phone. If by beeper, the call will be returned by the Duty Magistrate Judge. Once the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents for transmittal to the receiving institution. Routine arrests occurring after 10:00 p.m. need not be communicated to the Duty Magistrate Judge that night, but shall be reported by the Duty Assistant United States Attorney to the Duty Magistrate Judge the following morning. In emergency situations, the Duty Magistrate Judge may be contacted directly at any hour.
Since a probable causes determination must be made within forty-eight (48) hours of all arrests, except as Federal Rule of Criminal Procedure 4.1 may otherwise provide, a criminal complaint must be presented directly to a Magistrate Judge for review and approval in all cases where the initial appearance will not take place within forty-eight (48) hours of an arrest.
All after-hours Duty arrests (including but not limited to arrests on warrants where bonds have already been endorsed/set) shall be reported to the Duty Magistrate Judge by the Duty Assistant United States Attorney.
You might need to reference it during your pursuit of justice.
For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
