Southern District of Florida Document Filing Requirements

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion

Must include

proposed order

A motion for default final judgment must include damages evidence and, when applicable, the SCRA affidavit, a supporting memorandum, a proposed order, and a proposed final judgment.

The Motion must include affidavits of any sum certain due by Defendant(s), and any other supporting documentation necessary to determine Plaintiff(s)’ measure of damages. The Motion shall also be accompanied by: (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. app. section 521(b), if applicable; (2) a memorandum of law supporting entitlement to final judgment; (3) a proposed order; and (4) a proposed final judgment.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state that notice was sent and list the address or addresses to which it was sent.

In the certificate of service, Plaintiff(s) shall indicate that notice was sent and list the address(es) where notice was sent.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Notice of joint liability

In multi-defendant cases involving joint and several liability allegations or possible inconsistent liability, plaintiffs must also file a notice of joint liability.

In multi-defendant cases, if there are no allegations of joint and several liability, and no possibility of inconsistent liability between Defendants, Plaintiff(s) shall file a motion for default final judgment as provided for above. However, if there a re allegations of joint and several liability, or the possibility of inconsistent liability between Defendants, Plaintiff(s) shall also file a notice of joint liability.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Notice of joint liability

The notice of joint liability must be filed with the motion and briefly describe the allegations and the status of the other defendants’ liability.

The notice of joint liability must be filed with the Motion for Default Final Judgment and shall briefly describe the allegations and advise the Court of the status of the other Defendant(s)’ liability.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Statement of claim

The Plaintiff must file a statement of claim specifying the amount, calculation, and nature of alleged unpaid wages within 21 days after the Order.

To assist the Court in the management of the case, the Plaintiff is ORDERED to file with the Court a statement of claim setting forth the amount of the alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g. overtime or regular) within twenty-one (21) days from the date of this Order.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Statement of claim

The statement of claim must include fees and costs incurred to date, plus the requested hourly rate and hours expended by each timekeeper.

The statement of claim shall also include all attorney’s fees and costs incurred to date. With respect to attorney’s fees, counsel must provide the hourly rate sought and the number of hours expended by each person billing time.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Settlement approval motion

If the settlement agreement contains a confidentiality provision, the motion should explain why the parties believe it is warranted.

e. If the settlement agreement contains a confidentiality provision, explain why the parties believe such a provision is warranted.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Settlement approval motion

A motion for settlement approval should state whether the agreement provides complete recovery of the wages claimed.

b. State whether the settlement agreement would result in a complete recovery of all wages that plaintiff(s) claimed to be owed.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Settlement approval motion

A motion for settlement approval should specifically explain the bona fide dispute and why the settlement is fair and reasonable under the stated factors.

c. Explain, with specificity, the nature of the parties’ bona fide dispute and why the settlement agreement represents a fair and reasonable resolution of that dispute, in light of the factors outlined above.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Settlement approval motion

If the settlement agreement provides for attorney’s fees, the motion should explain how the fees were calculated and why they are reasonable.

d. If the settlement agreement provides for the recovery of attorney’s fees, explain how the fees were calculated and why the amount of the fees is reasonable.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Interim joint status report

The parties must submit an interim joint status report addressing service, defendants’ responses, class certification if applicable, mediation, settlement negotiations, and discovery status.

2. Interim Joint Status Report. The parties are required to submit an interim joint status report addressing the following issues: a) Have all defendants been served? If not, state the reasons. b) Have all defendants responded to the complaint? If not, state the reasons. c) If this is a class action, has a motion for class certification been filed? If so, what is its status? d) Have the parties agreed on and selected a mediator? Have the parties agreed upon a place, date, and time for mediation? e) Have the parties engaged in informal settlement negotiations? If not, explain the reasons for the failure to do so. If yes, state the status of such negotiations (e.g., ongoing, impasse, etc.) and the relative prospects for resolution through informal means. f) Describe the status of discovery conducted to date, and identify whether the parties reasonably believe that they will be able to complete discovery by the Court’s deadline. If not, explain the reasons.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Motion

Must include

certificate of conference

Motions in limine and Daubert motions must include the Local Rule 7.1(a)(3) pre-filing conference and certification.

The parties are reminded that motions in limine and Daubert motions must contain the Local Rule 7.1(a)(3) pre-filing conference and certification.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Jury instructions

The parties must submit proposed jury instructions jointly, even if they do not agree on every instruction.

The parties must submit their proposed jury instructions jointly, though they need not agree on each proposed instruction.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Jury instructions

Every proposed jury instruction must include a supporting citation of authority.

Every instruction must be supported by a citation of authority.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Trial exhibit list

At trial, the parties must submit a list of all exhibits showing each pre-marked label and a brief description.

A list setting out all exhibits must be submitted at the time of trial. This list must indicate the pre-marked identification label (e.g., P-1, or D-A) and must also include a brief description of the exhibit.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Deposition designations

A party intending to use deposition testimony as substantive evidence must provide written designations by line and page reference.

Any party intending to use deposition testimony as substantive evidence must designate by line and page reference those portions in writing.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Order scheduling mediation

Lead counsel must submit the completed Order Scheduling Mediation form to the Court.

Lead counsel must complete the attached form Order Scheduling Mediation and submit it to the Court.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Proposed order

The parties must agree on the mediation details, and lead counsel must submit the proposed scheduling order by the Scheduling Order deadline.

The parties must agree on a place, date, and time for mediation and lead counsel must submit the proposed order scheduling mediation, no later than the deadline set forth in the Scheduling Order.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Mediation summary

Each party must provide the mediator with a confidential written case summary identifying issues to be resolved at least 14 days before mediation.

At least 14 days prior to the mediation date, each party must present to the mediator a confidential brief written summary of the case identifying issues to be resolved.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to

Mediation report

The Mediation Report must state whether the case settled in whole or in part, was adjourned, or reached an impasse.

The report must also indicate whether the case settled (in full or in part), was adjourned, or whether the mediator declared an impasse.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to

Motion

If defendants do not timely move to set aside the Clerk’s Default or respond to the motion, default final judgment may be entered without further hearing or notice.

If Defendant(s) fail(s) to move to set aside the Clerk’s Default or respond to the Motion within the time permitted by the Rules, default final judgment may be entered without further hearing or notice.

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

If the parties cannot agree on a mediator, they must ask the Clerk to designate one randomly from the list of certified mediators.

If the parties are unable to agree upon mediator, they shall ask the Clerk of Court to designate a mediator from the list of certified mediators on a blind random basis;

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Plaintiff’s counsel is responsible for coordinating a mediation date, time, and location agreeable to the mediator and all counsel of record.

Counsel for Plaintiff shall be responsible for coordinating a mediation date, time, and location agreeable to the mediator and all counsel of record;

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Civil cases

Applies to

Motion

Must include

proposed order

Immediately after filing the motion or application, upload the proposed order to CM/ECF. A motion or application seeking relief without a hearing will not be considered until a proposed order is uploaded.

Summary: Immediately after filing a motion or application seeking relief without a hearing, the proposed order must be uploaded to CM/ECF; the motion will not be considered until then.

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Civil cases

Applies to

Order

Include a service directive in the order and promptly serve the order upon entry.

Summary: Orders must include a service directive.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

Counsel must under this Local Rule certify that good faith efforts were made.

Summary: Counsel must include a certificate of conference certifying good faith efforts to resolve the discovery dispute.

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Civil cases

Applies to

Agreed order ?

The record must reflect that the matter is agreed. This can happen in two ways: o Via submission of an agreed motion. o By a representation in the text of the order clarifying that since the filing of the motion, the parties have subsequently agreed to entry of an order. ▪ Use of the word “Agreed” in the title alone is insufficient.

Summary: Agreed orders must reflect agreement either via an agreed motion or a representation in the order text; 'Agreed' in the title alone is insufficient.

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Civil cases

Applies to

Agreed order

If the agreed order resolves a matter set for hearing, include two things: o A decretal paragraph identifying the date and time of the hearing and cancelling the hearing, and o The words “AND CANCELLING HEARING” in the title to alert the docketing clerk to the cancellation.

Summary: Agreed orders resolving a matter set for hearing must include a decretal paragraph cancelling the hearing and the words 'AND CANCELLING HEARING' in the title.

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Civil cases

Applies to

Amended order ?

Include a footnote after the word “Amended” describing the nature of the amendment.

Summary: Amended orders must include a footnote after the word 'Amended' describing the nature of the amendment.

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Civil cases

Applies to

Order

An order submitted in a chapter 13 case that was submitted in a matter heard only on the chapter 13 consent calendar must state in the introductory paragraph “came before the Court on the Chapter 13 Consent Calendar” and not reflect that it was heard “by the Court,” as required by Local Rule 5005-1(G)(1)(d).

Summary: Chapter 13 consent calendar orders must state 'came before the Court on the Chapter 13 Consent Calendar' in the introductory paragraph and must not state the matter was heard 'by the Court.'

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Civil cases

Applies to

Stay relief order ?

In rem relief: o The most common form of stay relief granted by the Court is in rem relief, which is restricted to an assertion of rights against property only rather than the debtor personally. Include a statement clarifying this distinction.

Summary: In rem stay relief orders must include a statement clarifying that relief is restricted to rights against property only, not the debtor personally.

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Civil cases

Applies to

Stay relief order ?

Specifically define the property. o For real property, use a legal description. o For vehicles, use the VIN. o For other personal property, define the property as precisely as possible.

Summary: In rem stay relief orders must specifically define the property (legal description for real property, VIN for vehicles, precise description for other personal property).

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Civil cases

Applies to

Stay relief order ?

Specifically define the suit that may proceed as a result of the order, including the court in which the matter is being heard.

Summary: In personam stay relief orders must specifically define the suit that may proceed, including the court where the matter is heard.

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Civil cases

Applies to

Discovery objection ?

Parties shall not make conclusory boilerplate objections. Such objections do not comply with Local Rule 26.1(G)(3)(a) which provides "Where an objection is made to any interrogatory or sub-part thereof or to any document request under Fed. R. Civ. P. 34, the objection shall state with specificity all grounds." Blanket, unsupported objections that a discovery request is "vague, overly broad, or unduly burdensome" are, by themselves, meaningless, and disregarded by the Court. A party objecting on these bases must explain the specific and particular ways in which a request is vague, overly broad, or unduly burdensome.

Summary: Parties must not make boilerplate discovery objections; objections must state all grounds with specificity and explain how a request is vague, overly broad, or unduly burdensome.

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Civil cases

Applies to

Discovery objection ?

As with the previous objection, an objection that a discovery request is irrelevant or not reasonably calculated to lead to admissible evidence must include a specific explanation describing why the request lacks relevance, and why the information sought will not reasonably lead to admissible evidence.

Summary: Objections that a discovery request is irrelevant or not reasonably calculated to lead to admissible evidence must include a specific explanation of why the request lacks relevance.

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Civil cases

Applies to

Discovery response ?

Parties should avoid reciting a formulaic objection followed by an answer to the request. It has become common practice for a party to object on the basis of any of the above reasons, and then state that "notwithstanding the above," the party will respond to the discovery request, subject to or without waiving such objection. Such a boilerplate objection and answer preserves nothing, and constitutes only a waste of effort and the resources of both the parties and the court. Further, such practice leaves the requesting party uncertain as to whether the question has actually been fully answered, or only a portion of it has been answered. Civil Discovery Standards, 2004 A.B.A. Sec. Lit. 18. Counsel shall include in the answer a clear statement that all responsive documents/information identified have in fact been produced/provided, or otherwise describe the

Summary: Parties should avoid formulaic objections followed by answers; counsel must include a clear statement that all responsive documents or information identified have been produced or provided.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to

Joint scheduling report

As part of the joint scheduling report, the parties shall jointly complete and file with the Court the Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions appended to this Order as Attachment A.

Summary: The parties must jointly complete and file Attachment A with the joint scheduling report.

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Civil cases

Applies to

Motion for default final judgment

If there are multiple Defendants, Plaintiff must state in the Motion for Default Final Judgment that there is no joint and several liability and set forth the basis why there is no possibility of inconsistent liability.

Summary: Motion for Default Final Judgment with multiple defendants must state no joint and several liability and basis for no inconsistent liability.

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Civil cases

Applies to

Motion to determine joint several liability ?

The Motion to Determine Joint and Several Liability on Default must briefly describe the allegations and advise the Court of the status of the other Defendants’ liability.

Summary: Motion to Determine Joint and Several Liability on Default must describe allegations and advise court of other defendants' liability status.

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Civil cases

Applies to

Motion for default final judgment ?

Must include

proposed order

The Motion shall also be accompanied by (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931(b), if applicable; (2) a proposed order which details both the factual and legal basis for default; and (3) a proposed final judgment.

Summary: Motion for Default Final Judgment must be accompanied by SCRA affidavit (if applicable), proposed order, and proposed final judgment.

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Civil cases

Applies to

Notice of hearing

Must include

notice of electronic filing ?

On the same day that Chambers confirms that the matter is being placed on the discovery calendar, the party seeking the discovery hearing shall provide notice to all relevant parties by filing a Notice of Hearing and serving a copy on opposing counsel through the Court’s electronic docketing system.

Summary: File Notice of Hearing and serve opposing counsel via ECF on same day Chambers confirms discovery calendar placement.

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Civil cases

Applies to

Notice of hearing

Must include

certificate of conference ?

The party scheduling the hearing shall include in this Notice of Hearing a certificate of good faith that complies with Southern District of Florida Local Rule 7.1(a)(3). The Court will strike hearing notices which do not include a sufficient local rule certificate.

Summary: Hearing notice must include certificate of good faith per Local Rule 7.1(a)(3).

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Civil cases

Applies to

Notice of hearing

Neither the Notice of Hearing nor the source materials should be used as a de facto strategy to submit a memorandum. For example, sending multi-page, rhetoric-filled letters to the Court or filing argument-riddled notices are specifically prohibited. The Court will strike letters, notices, and exhibits which are designed to circumvent the no motion/no memoranda policy.

Summary: Notices and source materials cannot be used to submit memoranda or arguments.

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Civil cases

Applies to

Notice of authorities

In addition, the parties may submit a 'notice of authorities,' which will list only the authorities, but which will not contain argument or be a disguised memorandum. At most, the list of authorities may contain a one-sentence, objective summary of the relevant holding of each case or authority. The Court will strike any non-compliant notice of authorities.

Summary: Notice of authorities may list authorities with one-sentence summaries, no arguments.

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Civil cases

Applies to

Motion ?

Must include

certificate of conference ?

Local Rule 7.1 requires the movant to confer with opposing counsel and to include a certificate of conferral, indicating that the conferral has occurred (or that it has not happened, and to explain why). Any request for relief that does not meet this criteria will be stricken. And any continued failure to adhere to this rule may result in sanctions.

Summary: Local Rule 7.1 requires certificate of conferral for motions, with sanctions for non-compliance.

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Civil cases

Applies to

Motion ?

Must include

certificate of conference ?

Any other requests for relief must abide by the mentioned procedures and Local Rules.

Summary: All other relief requests must follow stated procedures and Local Rules.

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Civil cases

Applies to

Discovery objection ?

Must include

specific objection grounds ?

The parties shall not make conclusory boilerplate objections. Such objections do not comply with Local Rule 26.1(e)(2)(A), which provides that, “[w]here an objection is made to any interrogatory or sub-part thereof or to any production request under Federal Rule of Civil Procedure 34, the objection shall state with specificity all grounds.” Blanket, unsupported objections that a discovery request is “vague, overly broad, or unduly burdensome” are, by themselves, meaningless, and the Court will disregard such objections. A party objecting on these bases must explain the specific and particular ways in which a request is vague, overly broad, or unduly burdensome.

Summary: Boilerplate objections to discovery requests are prohibited; objections must state specific grounds.

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Civil cases

Applies to

Discovery objection ?

Must include

formulaic objection prohibited ?

The parties should avoid reciting a formulaic objection followed by an answer to the request. It has become common practice for a party to object on the basis of any of the above reasons, and then state that “notwithstanding the above,” the party will respond to the discovery request, subject to or without waiving such objection. Such a boilerplate objection and answer preserves nothing, and constitutes only a waste of effort and the resources of both the parties and the Court.

Summary: Formulaic objections followed by answers are prohibited and waste resources.

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Civil cases

Applies to

Objection to document request ?

Civil Procedure 34(b)(2)(C) now provides that an objection to a request for documents “must state whether any responsive materials are being withheld on the basis of that objection.” In addition, it also says that “an objection to part of a request must specify the part and permit inspection of the rest.” Therefore, counsel should specifically state whether the responding party is fully answering or responding to a request and, if not, specifically identify the categories of information that have been withheld on an objection-by-objection basis.

Summary: Objections to document requests must state whether responsive materials are withheld and specify which parts are objected to.

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Civil cases

Applies to

Privilege objection ?

Generalized objections asserting attorney-client privilege or the work product doctrine also do not comply with the Local Rules. S.D. Fla. L.R. 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as identify details such as the nature and subject matter of the communication at issue, the sender and receiver of the communication and their relationship to each other.

Summary: Privilege objections must identify specific nature of privilege and details of communication.

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Civil cases

Applies to

Privilege log

The Local Rule also requires the preparation of a privilege log except for “communications between a party and its

Summary: Privilege log required except for communications between party and its counsel.

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Civil cases

Applies to

Expert disclosure ?

Must include

certificate of service ?

[counsel to input date that is two months prior to discovery deadline] containing the names, addresses and summaries/reports of any expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): lists of the expert's qualifications to be offered at trial, publications and writings, style of the case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

Summary: Initial expert witness disclosures required two months before discovery deadline with detailed information per Rule 26(a)(2).

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Civil cases

Applies to

Rebuttal expert disclosure ?

Must include

certificate of service ?

[counsel to input date that is one month prior to discovery deadline] Parties shall exchange a written list containing the names, addresses and summaries/reports of any rebuttal expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): lists of the expert's qualifications to be offered at trial, publications and writings, style of case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

Summary: Rebuttal expert witness disclosures required one month before discovery deadline with detailed information per Rule 26(a)(2).

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Civil cases

Applies to

Motion

Must include

local rule certificate ?

The filing of any motion, including motions for summary judgement, that are not in compliance with the Local Rules are subject to being stricken or denied.

Summary: Motions not compliant with Local Rules may be stricken or denied.

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Civil cases

Applies to

Mediation

Must include

notice of mediation ?

Mediation is required in accordance with the Local Rules and the deadline set forth above.

Summary: Mediation is required per Local Rules and court deadlines.

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Civil cases

Deadline

30 days ?

Applies to

Notice of mediation

Must include

mediator name, mediation date ?

The parties are required to file a Notice of Mediation with the name of the mediator and the date of the mediation at least thirty days before the mediation.

Summary: Notice of Mediation must be filed at least 30 days before mediation.

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Civil cases

Deadline

2 days ?

Applies to

Mediation result ?

Must include

mediation outcome ?

The parties shall notify the Court of the results of the mediation (e.g., settled, impasse, or adjourned to continue discussions) within two days of the conclusion of the mediation.

Summary: Parties must notify court of mediation results within 2 days of conclusion.

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Criminal cases

Applies to

Motion

If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifics how much time will be needed and why more time is necessary.

Summary: Motions for additional sentencing hearing time must specify the amount of additional time needed and the reason for the request.

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Criminal cases

Applies to

Notice

counsel shall file a Notice stating which of the previously filed Objections, if any, have been resolved and which Objections, if any, remain to be resolved by the Court at the sentencing hearing.

Summary: The Notice of resolved and remaining PSR objections must state which previous objections have been resolved and which remain pending.

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Civil cases

Applies to

Motion ?

Must include

proposed order

Proposed Orders........................................................................................................ 3

Summary: Proposed orders are required for all motions.

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Civil cases

Applies to

Initial disclosures

Must include

caption, judge name, case number ?

Discovery shall begin immediately, and the parties shall adhere to the following schedule, which shall not be modified absent compelling circumstances: February 18, 2020: Rule 26(a)(1)(A) Initial Disclosures (if not provided earlier).

Summary: Discovery begins immediately; Initial Disclosures due February 18, 2020

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Civil cases

Applies to

Expert witness list ?

Must include

names and addresses

October 2, 2020: The parties shall provide opposing counsel with a written list with the names and addresses of all primary/initial expert witnesses intended to be called at trial and only those primary/initial expert witnesses listed shall be permitted to testify. The parties shall also furnish opposing counsel with expert reports or summaries of its expert witnesses' anticipated testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the 30 day period following this disclosure, the parties shall make their experts available for deposition. The experts' deposition may be conducted without further Court order.

Summary: Primary expert witness disclosure and deposition deadline.

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Civil cases

Applies to

Rebuttal expert witness list ?

Must include

names and addresses

October 16, 2020: The parties shall provide opposing counsel with a written list with the names and addresses of all rebuttal/responsive expert witnesses intended to be called at trial and only those rebuttal/responsive expert witnesses listed shall be permitted to testify. The parties shall also furnish opposing counsel with expert reports or summaries of its expert witnesses' anticipated testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the 30 day period following this disclosure, the parties shall make their experts available for deposition. The experts' deposition may be conducted without further Court order.

Summary: Rebuttal expert witness disclosure and deposition deadline.

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Civil cases

Applies to

Expert discovery

Must include

completion deadline ?

November 16, 2020: All expert discovery shall be completed.

Summary: Expert discovery must be completed by November 16, 2020.

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Civil cases

Applies to

Pretrial motion

Must include

filing deadline ?

December 1, 2020: All Pretrial Motions, including summary judgment motions, Daubert motions, and motions in limine shall be filed. See sections 10-11.

Summary: All pretrial motions (summary judgment, Daubert, motions in limine) must be filed by December 1, 2020.

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Civil cases

Applies to

Mediation

Must include

completion deadline ?

January 1, 2021: Mediation must be completed.

Summary: Mediation must be completed by January 1, 2021.

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Civil cases

Applies to

Pretrial stipulation

Must include

filing deadline ?

January 4, 2021: The Pretrial Stipulation shall be filed. Designations of deposition testimony shall be made. Parties shall also exchange Rule 26(a)(3) witness and exhibit lists. See section 14.

Summary: Pretrial stipulation, deposition designations, and Rule 26(a)(3) witness/exhibit lists due January 4, 2021.

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Civil cases

Applies to

Deposition designation ?

Must include

objection deadline, counter designation deadline ?

January 8, 2021: Counter-designations of deposition testimony and objections to designations of deposition testimony shall be filed. Late designations shall not be admissible absent exigent circumstances.

Summary: Counter-designations and objections to deposition designations due January 8, 2021; late designations inadmissible without exigent circumstances.

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Civil cases

Applies to

Deposition designation ?

Must include

response to objection deadline, objection to counter designation deadline ?

January 14, 2021: Objections to counter-designations of deposition testimony and responses to objections to designations of deposition testimony shall be filed.

Summary: Objections to counter-designations and responses to objections to designations due January 14, 2021.

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Civil cases

Applies to

Deposition designation ?

Must include

response to objection to counter designation deadline ?

January 17, 2021: Responses to objections to counter-designations of deposition testimony shall be filed.

Summary: Responses to objections to counter-designations due January 17, 2021.

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Civil cases

Applies to

Trial preparation ?

Must include

joint statement deadline, joint trial plan deadline, notice of intent deadline +3 more ?

January 25, 2021: Jury Instructions or Proposed Findings of Fact and Conclusions of Law shall be filed. The parties’ joint statement of the case is due. The parties’ joint trial plan is due. The parties shall file their finalized exhibit list and witness list. The parties’ Notice of Intent to Seek Pretrial Adjudication of Deposition Designations, if applicable, is also due. See sections 5, 8, 13.

Summary: Jury instructions or proposed findings, joint statement, joint trial plan, exhibit/witness lists, and notice of intent to seek adjudication due January 25, 2021.

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Civil cases

Applies to

Trial preparation ?

Must include

notice of remaining issues deadline, joint deposition designation notebook deadline ?

January 27, 2021: The parties’ Notice of Remaining Issues that Require Adjudication is due. The parties’ joint deposition designation notebook, if applicable, is due. See section 13.

Summary: Notice of remaining issues and joint deposition designation notebook due January 27, 2021.

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Civil cases

Applies to

Jury instructions

Must include

proposed order ?

In addition to filing their proposed jury instructions and verdict form with the Clerk, the parties shall also submit A SINGLE JOINT SET of proposed jury instructions and verdict form in Word format directly to Rosenberg@flsd.uscourts.gov.

Summary: Parties must submit joint jury instructions and verdict form in Word format to specified email.

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Civil cases

Applies to

Jury instructions

To the extent these instructions are based upon the Eleventh Circuit pattern jury instructions, counsel shall indicate the appropriate Eleventh Circuit pattern jury instruction upon which their instruction is modeled. All other instructions shall include citations to relevant supporting case law.

Summary: Jury instructions must cite Eleventh Circuit pattern instructions or supporting case law.

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Civil cases

Applies to

Jury instructions

Must include

proposed order ?

The joint set of proposed jury instructions should include both preliminary jury instructions (from the appropriate Eleventh Circuit pattern instructions) as well as final jury instructions. Proposed voir dire questions and verdict forms should be e-mailed in Word format to this e-mail address as well.

Summary: Joint jury instructions must include preliminary and final instructions; voir dire and verdict forms also required.

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Civil cases

Applies to

Jury instructions

Must include

pattern instructions ?

In preparing the requested jury instructions, the parties shall use as a guide the pattern jury instructions for civil cases approved by the Eleventh Circuit, including the directions to counsel contained therein.

Summary: Parties must use Eleventh Circuit pattern jury instructions as a guide.

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Civil cases

Applies to

Jury instructions

Must include

joint statement of case ?

When the parties file proposed jury instructions, the parties shall also file a joint statement of the case. The statement of the case should be brief and should contain no argument. The purpose of the joint statement of the case is merely to convey enough information to a prospective juror for that juror to ascertain whether he or she has previous knowledge of the case.

Summary: Joint statement of case required with jury instructions, brief and no argument.

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Civil cases

Applies to

Exhibit list

Must include

ao form 187

In any proceeding where evidence will be introduced, counsel shall submit to the Court a typed list of proposed witnesses and/or exhibits. All exhibits shall be pre-labeled in accordance with the proposed exhibit list, and only numerical sequences are permitted—alphabetical designations shall not be used. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit. A typewritten exhibit list setting forth the number, or letter, and description of each exhibit must be submitted prior to trial. Any composite exhibits should be listed separately, i.e. 1A, 1B, 1C, etc. The parties shall submit said exhibit list on AO Form 187, which is available from the Clerk’s office and at http://www.uscourts.gov/services-forms/forms. At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits. The parties must also comply with Local Rule 5.3.

Summary: Exhibit lists must use AO Form 187, numerical labels only, and USB flash drive at trial.

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Civil cases

Applies to

Exhibit

Must include

digital copy on usb ?

At trial, the parties shall deliver to the Court a USB flash drive that contains digital copies of the exhibits.

Summary: USB flash drive with digital exhibits required at trial.

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Civil cases

Applies to

Joint trial plan

Must include

testimony method, total time summation, witness descriptions +6 more ?

As Calendar Call draws near, the Court will require a more detailed estimate of the time needed for trial in the form of a joint trial plan. The joint trial plan shall set forth the following information: (1) the anticipated length of time required for each party’s opening statement; (2) the witnesses each party intends to call at trial, listed in the order in which these witnesses will be called; (3) a brief description of each witness (e.g., the identity of the witness and the relationship of the witness to any parties in the case); (4) whether the witness is an expert and, if so, the area of expertise of the witness; (5) whether each witness will testify live, by video deposition, or by reading of deposition testimony; (6) the anticipated length of time required for direct examination, cross examination, and redirect examination of each witness; (7) the anticipated length of time required for each party’s closing argument; (8) any additional matters that may affect the course of trial; and (9) an accurate summation of the total time allocated in the trial plan.

Summary: Joint trial plan required at Calendar Call with detailed witness and time information.

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Civil cases

Applies to

Notice of remaining issues

Must include

caption, case number ?

Two business days after the parties file their joint trial plan, the parties shall also file a Notice of Remaining Issues that Require Adjudication.

Summary: Parties must file Notice of Remaining Issues within 2 business days of joint trial plan.

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Civil cases

Applies to

Notice of remaining issues ?

This Notice shall inform the Court of areas in which a ruling is required including: (1) jury instructions, (2) verdict forms, (3) exhibits, (4) deposition designations, and (5) other evidentiary objections.

Summary: Notice must identify areas requiring rulings: jury instructions, verdict forms, exhibits, deposition designations, and evidentiary objections.

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Civil cases

Applies to

Notice of remaining issues ?

The parties shall inform the Court of the general category or nature of the disputes and provide a brief summary of the factual and/or legal support for the parties' respective positions.

Summary: Notice must include general category/nature of disputes and brief summary of factual/legal support.

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Civil cases

Applies to

Notice of telephonic appearance

Must include

notice of electronic filing ?

In order to appear via telephone, counsel must file a notice of telephonic appearance, as set forth in the instructions in this Order, at least one (1) day prior to the hearing.

Summary: Notice of telephonic appearance must be filed at least 1 day before hearing.

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Civil cases

Applies to

Motion for summary judgment

Must include

statement of material facts

Local Rule 56.1 requires a motion for summary judgment (and opposition thereto) to be accompanied by a statement of material facts. The Rule also imposes very specific and very

Summary: LR 56.1 requires statement of material facts with summary judgment motions.

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Civil cases

Applies to

Motion to strike affirmative defenses

Must include

certificate section ?

In the event a party elects to file a motion to strike affirmative defenses, however, the party must certify in the opening paragraph of the motion that the party has read and considered this section in the Court’s Order and has considered the case law cited herein.

Summary: Motion to strike affirmative defenses must include certification in opening paragraph.

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Civil cases

Applies to

Notice of intent to seek pretrial adjudication of deposition designations

Must include

joint creation

contemporaneously with the parties’ filing of proposed jury instructions, the parties must file a Notice of Intent to Seek Pretrial Adjudication of Deposition Designations. The notice must be accompanied with the joint creation of a physical, non-electronic deposition designation notebook, subject to the follow requirements.

Summary: Notice of Intent to Seek Pretrial Adjudication of Deposition Designations required with proposed jury instructions.

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Civil cases

Applies to

Deposition designation notebook ?

Must include

delivery to chambers ?

First, the notebook must be delivered to Chambers by the deadline for the parties’ joint Notice of Remaining Issues that Require Adjudication.

Summary: Deposition designation notebook must be delivered to Chambers by deadline for joint Notice of Remaining Issues.

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Civil cases

Applies to

Deposition designation notebook ?

Must include

full transcript ?

Second, the notebook (or notebooks) must contain the full deposition transcript for each designated witness.

Summary: Deposition designation notebook must contain full transcript for each designated witness.

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Civil cases

Applies to

Deposition designation notebook ?

Must include

objection appendix ?

Fourth, objections to the designated testimony must be supplemented with an appendix that contains detailed legal argument explaining the objections, together with a response from the opposing party.

Summary: Objections must include appendix with detailed legal argument and opposing party's response.

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Civil cases

Applies to

Deposition designation notebook

Must include

certification

The deposition designation notebook must be accompanied by a certification, by the party objecting, that: (i) the parties have conferred on the objection, (ii) the objection is raised in good faith, (iii) the objection raises an issue that the parties, working together as professionals, cannot resolve without court intervention, and (iv) the expenditure of judicial labor is the only avenue by which the dispute may be resolved.

Summary: Objecting party must certify conferral, good faith, inability to resolve, and necessity of judicial intervention.

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Civil cases

Applies to

Pretrial stipulation

Must include

local rule certificate ?

The Pretrial Stipulation shall conform to S.D. Fla. L.R. 16.1(e). The Court will not accept unilateral pretrial stipulations and will strike sua sponte any such submissions.

Summary: Pretrial stipulation must conform to S.D. Fla. L.R. 16.1(e); unilateral stipulations will be struck.

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Civil cases

Applies to

Pretrial stipulation

The Pretrial Stipulation must contain a list of the exhibits each side intends to offer at trial and a list of each witness who will testify at trial.

Summary: Pretrial stipulation must include exhibit list and witness list.

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Civil cases

Applies to

Trial exhibit ?

Must include

on exhibit list ?

If an exhibit does not appear on the exhibit list, that exhibit may not be offered at trial absent good cause and no prejudice to the other side.

Summary: Exhibits not on list may not be offered at trial without good cause and no prejudice.

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Civil cases

Applies to

Trial witness ?

Must include

on witness list ?

If a witness does not appear on the witness list, that witness may not testify at trial absent good cause and no prejudice to the other side.

Summary: Witnesses not on list may not testify at trial without good cause and no prejudice.

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Civil cases

Applies to

Settlement notice ?

Must include

motion for dismissal, notice of settlement, stipulation for dismissal ?

If the case is settled, counsel shall so inform the Court within two court-days of settlement by submitting an appropriate notice of settlement, stipulation for dismissal, or motion for dismissal, pursuant to Federal Rule of Civil Procedure 41(a). See Local Rule 16.4. The parties shall attend all hearings and abide by all time requirements unless and until an order of dismissal is filed.

Summary: Settlement must be reported to court within two court-days.

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Civil cases

Applies to

Mediation report

Must include

judge name, case number, notice of electronic filing ?

Within one (1) day of the mediation conference, the mediator shall file a Mediation Report indicating who attended the mediation and the result thereof;

Summary: Mediator must file Mediation Report within 1 day of conference.

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Civil cases

Applies to

Notice of compliance ?

The Plaintiff shall, on that same date, additionally file a notice of full compliance with this Order.

Summary: The Plaintiff must file a notice of full compliance on the date the statement of claim is due.

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Civil cases

Applies to

Notice of compliance ?

Concurrently, the Defendant shall file a notice of full compliance with this Order.

Summary: The Defendant must file a notice of full compliance concurrently with its response and production of supporting defense documents.

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Civil cases

Applies to

Settlement approval motion ?

a. Attach a copy of the settlement agreement.

Summary: A motion for settlement approval should attach the settlement agreement.

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Civil cases

Applies to

Settlement approval motion ?

If the fees were calculated on an hourly basis, records of counsel’s time should be attached.

Summary: If attorney’s fees were calculated hourly, the motion should attach counsel’s time records.

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Civil cases

Applies to

Motion in limine

Must include

local rule 7 1 a 3 certification ?

XXXX. The parties shall submit a joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, as applicable, and shall file any motions in limine (other than Daubert motions). Each party is limited to filing one motion in limine, which may not, without leave of Court, exceed the page limits allowed by the Rules. The parties are reminded that motions in limine must contain the Local Rule 7.1(a)(3) certification.

Summary: Motions in limine limited to one per party; require Local Rule 7.1(a)(3) certification.

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Civil cases

Applies to

Jury instructions

Must include

proposed order ?

parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to counsel contained therein. The parties shall submit, in Word format via e-mail to ruiz@flsd.uscourts.gov, proposed jury instructions and verdict form, including substantive charges and defenses, prior to the Calendar Call. The email subject line must include the case number as follows: XX-CV-XXXX-RAR. For instructions on filing proposed documents, please see http://www.flsd.uscourts.gov.

Summary: Proposed jury instructions and verdict form must be submitted in Word format via email before Calendar Call with specific subject line format.

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Civil cases

Applies to

Voir dire statement ?

Must include

judge name, case number ?

Counsel shall meet and prepare a concise, non-argumentative statement of the case to be read to the jury in connection with voir dire. The statement shall be filed with the Court also at or before calendar call.

Summary: Counsel must prepare and file a concise, non-argumentative case statement for jury voir dire by calendar call.

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Civil cases

Applies to

Sanctions motion

Any request for sanctions (including fees or costs associated with discovery) must be by separate motion. Leave of court is not required prior to filing a sanctions motion. Any such motion must state the rule or statute that justifies sanctions and the specific remedy being requested.

Summary: Sanctions motions must be separate, state justifying rule/statute, and specify remedy.

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Civil cases

Applies to

Discovery objection

Objections to Requests for Production must “state whether any responsive materials are being withheld on the basis of that objection.” Fed. R. Civ. P. 34(b)(2)(C). When a party asserts a discovery objection, the Court assumes that a Rule 26(g) compliant search has been conducted and that responsive materials exist.

Summary: Discovery objections must state if responsive materials are being withheld.

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Civil cases

Applies to

Discovery objection ?

If a party interposes an objection and later asserts that no responsive documents exist, the Court will impose sanctions.

Summary: Sanctions imposed if party objects then claims no responsive documents exist.

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Civil cases

Applies to

Discovery objection ?

If a party asserts that it would be too burdensome to search for responsive materials, the objection should make clear that no search has been conducted and explain why a search would be unduly burdensome.

Summary: Burden objections must state no search was conducted and explain why search would be unduly burdensome.

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Civil cases

Applies to

Discovery objection ?

The parties shall not make nonspecific, boilerplate objections. See, e.g., S.D. Fla. L.R. 26.1(e)(2)(A) (“Where an objection is made to any interrogatory or subpart thereof or to any production request under Federal Rule of Civil Procedure 34, the objection shall state with specificity all grounds.”). The parties also shall not make general objections that are not tied to a particular discovery request. The Court will strike these general objections.

Summary: Boilerplate and general objections are prohibited and will be struck.

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Civil cases

Applies to

Discovery objection ?

Must include

specific objections ?

Objections that state that a discovery request is “vague, overly broad, or unduly burdensome” are, standing alone, meaningless, and will be stricken by the Court.

Summary: Boilerplate objections of 'vague, overly broad, or unduly burdensome' will be stricken.

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Civil cases

Applies to

Discovery objection ?

Must include

conferral attempt ?

If a party believes that a request or a term is vague, that party must first ask for clarification from opposing counsel prior to objecting on vagueness grounds.

Summary: Must seek clarification from opposing counsel before objecting on vagueness grounds.

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Civil cases

Applies to

Discovery objection ?

Must include

vagueness definition ?

If the requesting party does not clarify the request, the responding party should unilaterally define the allegedly-vague term and respond accordingly. For example, 'Defendant construes the term ‘___’ to mean ‘______.’ Consistent with that definition, Defendant is producing _____.'

Summary: If no clarification received, unilaterally define vague terms and respond accordingly.

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Civil cases

Applies to

Discovery objection ?

Must include

specific objections ?

An objection that a discovery request is 'overbroad' is ambiguous. If the objecting party asserts that the request seeks materials that are not relevant, the objection should say so. Alternatively, if the objector asserts that the request seeks materials that are relevant but excessive or cumulative, the objection should state that the request is disproportionate.

Summary: Objections must specify whether overbroad means irrelevant or disproportionate.

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Civil cases

Applies to

Discovery objection ?

Must include

conferral attempt ?

If a party believes a discovery request seeks irrelevant information, is disproportionate, or is unduly burdensome, that party shall confer in good faith with opposing counsel to narrow the scope of the request before asserting these objections.

Summary: Must confer in good faith to narrow scope before asserting objections for irrelevant, disproportionate, or burdensome requests.

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Civil cases

Applies to

Discovery objection ?

Must include

partial response ?

The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested.

Summary: Must respond to undisputed portions of discovery requests despite objections.

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Civil cases

Applies to

Privilege objection ?

Must include

privilege log

Generalized objections asserting attorney-client privilege or work product doctrine do not comply with the Local Rules. Local Rule 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as, inter alia, the nature and subject matter of the communication at issue and the identities of the parties to the communication. S.D. Fla. L.R. 26.1(e)(2)(B). Local Rule 26.1(e)(2)(C) requires a privilege log. S.D. Fla. L.R. 26.1(e)(2)(C). If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.

Summary: Generalized privilege objections must specify privilege type, communication details, and include privilege log or be deemed waived.

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Civil cases

Applies to

Privilege objection ?

The production of non-privileged materials should not be delayed while a party is preparing a privilege log.

Summary: Non-privileged materials must be produced promptly even while preparing privilege log.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

The movant shall include in the motion a certificate of good faith that complies with Local Rule 7.1(a)(3). See S.D. Fla. L.R. 7.1(a)(3).

Summary: Motion must include certificate of good faith conference per Local Rule 7.1(a)(3).

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Civil cases

Applies to

Discovery objection ?

The parties shall not make nonspecific, boilerplate objections. See, e.g., S.D. Fla. L.R. 26.1(e)(2)(A) (“Where an objection is made to any interrogatory or subpart thereof or to any production request under Federal Rule of Civil Procedure

Summary: Boilerplate or general objections are prohibited.

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Civil cases

Applies to

Discovery objection ?

Must include

specific objection grounds ?

Parties shall not make conclusory boilerplate objections. Such objections do not comply with Local Rule 26.1(G)(3)(a) which provides “Where an objection is made to any interrogatory or sub-part thereof or to any document request under Fed.R.Civ.P. 34, the objection shall state with specificity all grounds.” Blanket, unsupported objections that a discovery request is “vague, overly broad, or unduly burdensome” are, by themselves, meaningless, and disregarded by the Court. A party objecting on these bases must explain the specific and particular ways in which a request is vague, overly broad, or unduly burdensome.

Summary: Boilerplate objections to discovery requests are prohibited; objections must state specific grounds.

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Civil cases

Applies to

Discovery objection ?

Must include

specific relevance explanation ?

As with the previous objection, an objection that a discovery request is irrelevant or not reasonably calculated to lead to admissible evidence must include a specific explanation describing why the request lacks relevance, and why the information sought will not reasonably lead to admissible evidence. Parties are reminded that the Federal Rules allow for broad discovery, which does not need to be admissible at trial.

Summary: Objections to discovery must include specific explanations for relevance challenges.

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Civil cases

Applies to

Discovery objection ?

Must include

no formulaic objections ?

Parties should avoid reciting a formulaic objection (or worse “General objections”) followed by an answer to the request. It has become common practice for a party to object on the basis of any of the above reasons, and then state that “notwithstanding the above,” the party will respond to the discovery request, subject to or without waiving such objection. Such a boilerplate objection and answer preserves nothing, and constitutes only a waste of effort and the resources of both the parties and the court.

Summary: Formulaic objections followed by answers are prohibited and waste resources.

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Civil cases

Applies to

Discovery objection ?

Must include

clear answer indication ?

Further, such practice leaves the requesting party uncertain as to whether the question has actually been fully answered, or only a portion of it has been answered.

Summary: Objections must clearly indicate whether questions are fully answered.

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Civil cases

Applies to

Discovery response ?

Must include

clear production statement ?

Counsel shall include in the answer a clear statement that all responsive documents/information identified have in fact been produced/provided, or

Summary: Discovery responses must include clear statement that all responsive documents have been produced.

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Civil cases

Applies to

Privilege objection ?

Must include

subject matter, sender receiver, communication nature +2 more ?

Local Rule 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as identifying such things as the nature and subject matter of the communication at issue, the sender and receiver of the communication and their relationship to each other, among others.

Summary: Privilege objections must identify specific privilege type and communication details.

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Civil cases

Applies to

Deposition scope objection ?

Must include

served not filed, timely before deposition ?

Objections to the scope of a deposition notice shall be timely served (not filed) in advance of the deposition. See King v. Pratt & Whitney, 161 F.R.D. 475 (S.D. Fla. 1995); New World Network Ltd. v. M/V Norwegian Sea, 2007 WL 1068124, at *2-3 (S.D. Fla. 2007).

Summary: Scope objections to 30(b)(6) notices must be served (not filed) before deposition.

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Civil cases

Applies to

Deposition schedule ?

Must include

early depositions, no end period delay ?

Relatedly, the parties shall not wait until the end of the discovery period to begin taking any depositions.

Summary: Depositions must begin before the end of the discovery period.

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Civil cases

Applies to

Initial disclosures ?

Must include

inception timing, rule 26a1 compliance ?

To that end, the Court will strictly enforce Rule 26(a)(1) that sets forth the “Required Disclosures” that shall be made at the inception of the discovery period.

Summary: Rule 26(a)(1) required disclosures must be made at discovery inception.

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Civil cases

Applies to

Disclosure dispute ?

Must include

conferral first, court involvement, timely resolution ?

If a party receives inadequate or untimely disclosures that matter shall be promptly raised with the Court, after conferral and if agreement is not timely reached on resolution.

Summary: Inadequate disclosures must be raised with Court after conferral.

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Civil cases

Applies to

Discovery objection ?

Must include

specificity required, objecting party burden, unreasonableness demonstration ?

In the event of an unresolved discovery dispute, to show that the requested discovery is objectionable the burden is on the objecting party to demonstrate with specificity how the objected-to request is unreasonable.

Summary: Objecting party bears burden to show specificity why request is unreasonable.

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Civil cases

Applies to

Discovery request ?

Must include

specificity required, necessity demonstration, relevance demonstration +1 more ?

If the burden to sustain an objection is satisfied, the requesting party will have to show with specificity how the information is relevant and necessary, and proportional to the particular needs of the case.

Summary: Requesting party must show relevance, necessity, and proportionality.

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Civil cases

Applies to

Motion for hearing

Must include

caption, judge name, case number +1 more ?

On the same day that the Court confirms an available time on the discovery calendar, the movant will file a Motion for Hearing reflecting the confirmed date and time. This motion shall also set forth the category of the discovery matters to be heard and the status of the parties' pre-filing efforts as to that issue/request.

Summary: File Motion for Hearing on same day as calendar confirmation, including category and pre-filing status.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

The motion shall not exceed five (5) pages in length and must include a certificate of good faith that complies with Local Rule 7.1(a)(3) and specifically indicates the efforts that were made to resolve the dispute prior to filing the motion.

Summary: Discovery motions must include certificate of good faith efforts to resolve dispute.

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Civil cases

Applies to

Discovery motion ?

Must include

local rule certificate ?

Failure to comply with these requirements will result in the motion being stricken from the docket.

Summary: Non-compliant discovery motions will be stricken from the docket.

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Civil cases

Applies to

Motion for discovery hearing ?

Must include

certificate of conference ?

Before requesting a discovery hearing, the parties must first confer in a good-faith effort to resolve the dispute in compliance with Local Rule 7.1(a)(3). Under this Local Rule, counsel must certify that they made good-faith efforts to confer. An adequate certificate of conferral requires at least one personal communication (in

Summary: Parties must confer in good faith and certify efforts before discovery hearing.

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Civil cases

Applies to

Motion for discovery hearing

Must include

certificate of conference ?

As part of their conferral, the parties should specifically discuss each discovery request and objection at issue before seeking Court intervention. If counsel refuses to confer, then the party seeking the hearing shall state so and outline the efforts made to confer with opposing counsel in the Motion for Discovery Hearing, which is explained in paragraph three below.

Summary: Parties must discuss each discovery request/objection during conferral.

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Civil cases

Applies to

Discovery

Must include

certificate of completion ?

The parties should take note that the Court strictly enforces Local Rule 26.1(d), which requires that all discovery, including resolution of discovery disputes, be fully completed prior to the expiration of the discovery cutoff.

Summary: All discovery must be completed before discovery cutoff.

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Civil cases

Applies to

Joint motion

Must include

proposed order ?

When the parties have stipulated to the entry of an agreed-upon discovery order, such as a standard confidentiality-type of protective order, the parties shall file a joint motion for entry of the stipulated order and attach a copy of the proposed stipulated order as Exhibit A. Immediately after the parties file the motion, the parties shall email a Word version of the proposed stipulated order to Lett@flsd.uscourts.gov.

Summary: File joint motion with proposed order and email Word version to chambers.

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Civil cases

Applies to

Discovery objection ?

Must include

specific explanation for relevance, specific explanation for proportionality ?

An objection based on relevance or proportionality must include a specific explanation describing why the requested discovery is not relevant and/or why the requested discovery is disproportionate in light of the factors listed in Rule 26(b)(1).

Summary: Relevance/proportionality objections must include specific explanations.

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Civil cases

Applies to

Discovery objection ?

Parties shall not make conclusory, boilerplate objections. Blanket, unsupported objections that a discovery

Summary: Conclusory and boilerplate objections are prohibited.

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Civil cases

Applies to

Discovery objection ?

Must include

specific explanation

Therefore, an objection that a discovery request is not reasonably calculated to lead to admissible evidence is based upon an outdated discovery standard. This Court will find such an objection, standing alone, to be meritless. An objection based on relevance or proportionality must include a specific explanation describing why the request lacks relevance and/or why the requested discovery is disproportionate in light of the factors listed in Rule 26(b)(1).

Summary: Objections based on 'reasonably calculated to lead to admissible evidence' are meritless; must include specific explanation for relevance/proportionality objections.

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Civil cases

Applies to

Discovery objection ?

Must include

specificity

All objections to discovery requests must be specific. The parties shall not make generalized, vague, or boilerplate objections. Nonspecific objections do not comply with the Federal Rules of Civil Procedure or the Local Rules and will not be sustained by this Court. See Fed. R. Civ. P. 33(b)(4) ('The grounds for objecting to an interrogatory must be stated with specificity.'); Fed. R. Civ. P. 34(b)(2)(B) ('For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request.').

Summary: All discovery objections must be specific; generalized, vague, or boilerplate objections are not permitted and will not be sustained.

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Civil cases

Applies to

Discovery objection ?

Must include

explanation ?

Objections that state that a discovery request is 'vague, overbroad, or unduly burdensome' are, standing alone, meaningless, and will be stricken by this Court. If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on vagueness grounds.

Summary: Objections stating 'vague, overbroad, or unduly burdensome' without explanation are meaningless and will be stricken.

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Civil cases

Applies to

Discovery objection ?

Must include

relevance explanation, proportionality explanation ?

If the objecting party asserts that the request seeks materials that are not relevant, the objection should say so and should explain why. Alternatively, if the objector asserts that the request seeks materials that are relevant but excessive or cumulative, the objection should state that the request is disproportionate and explain why.

Summary: Objections must specify whether request is irrelevant or disproportionate and provide explanation.

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Civil cases

Applies to

Discovery objection ?

Must include

good faith conferral ?

If a party believes a discovery request seeks irrelevant information, is disproportionate, or is unduly burdensome, that party shall confer in good faith with opposing counsel to narrow the scope of the request before asserting these objections.

Summary: Parties must confer in good faith to narrow scope before asserting objections for irrelevant, disproportionate, or unduly burdensome requests.

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Civil cases

Applies to

Discovery response ?

Must include

partial response ?

The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested. For example, if there is an objection based upon the scope of the request, such as time frame or geographic location, discovery should be provided as to the time period or locations that are not disputed.

Summary: Parties must respond to undisputed portions of discovery requests even when objecting to other parts.

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Civil cases

Applies to

Notice of discovery dispute

Must include

caption, judge name, case number ?

The moving party may request a discovery hearing – only after adequate good faith conferral regarding each and every issue – by filing a "Notice of Discovery Dispute" (not a motion). The notice shall briefly describe (in one or two sentences) the nature of the discovery dispute (e.g., the type of discovery at issue and the number of requests at issue), shall state the

Summary: Discovery disputes must be filed as "Notice of Discovery Dispute" after good faith conferral, not as motions.

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Civil cases

Applies to

Stipulated order

Must include

joint motion, proposed order ?

When the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall file a joint motion for entry of the stipulated order (attaching a copy of the proposed stipulated order). Immediately after the motion is filed, the parties shall email a Word version of the proposed stipulated order to strauss@flsd.uscourts.gov.

Summary: Stipulated orders require joint motion and Word version emailed to judge.

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Civil cases

Applies to

Discovery objection ?

Parties shall not make non-specific, boilerplate objections. Such objections violate the Federal Rules of Civil Procedure and the Local Rules of this District. See Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the

Summary: Parties are prohibited from making non-specific, boilerplate objections to discovery requests; grounds must be stated with specificity.

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Civil cases

Applies to

Discovery objection ?

a party who objects to a discovery request on the ground that the request is vague, overly broad, or unduly burdensome must explain—at the time the objection is first raised—the specific and particular ways in which the request is vague, overly broad, or unduly burdensome. If a party believes that a discovery request is vague, that party shall attempt to obtain clarification from opposing counsel before objecting on the ground of vagueness. An objection that a discovery request is irrelevant or disproportionate must include a specific explanation describing why the request lacks relevance or is disproportionate in consideration of the factors enumerated in Federal Rule of Civil Procedure 26(b)(1).

Summary: Objections to discovery requests for vagueness/overbreadth/burden must explain specific ways; irrelevance/disproportionality objections must explain why; vagueness objections require prior clarification attempt.

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Civil cases

Applies to

Discovery objection ?

An objection stating that a discovery request is vague, overly broad, unduly burdensome, irrelevant, or disproportionate without explaining which part of the request is objectionable and why is meaningless and disregarded by the Court. In other words, a non-specific, boilerplate objection is the equivalent of no objection at all.

Summary: Non-specific, boilerplate objections to discovery requests are disregarded by the Court as meaningless.

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Civil cases

Applies to

Discovery objection ?

An objection that a discovery request is “not reasonably calculated to lead to admissible evidence” is an outdated type of objection that relies on a prior version of the Federal Rules of Civil Procedure. This language no longer appears in the Federal Rules. The current version of Rule 26(b)(1) defines the scope of discovery as “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.” Information “need not be admissible in evidence” to be discoverable.

Summary: Objections based on “not reasonably calculated to lead to admissible evidence” are outdated and invalid; discovery scope is relevance and proportionality, not admissibility.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference

Under this Local Rule, counsel must certify that the parties made good faith efforts to resolve or narrow the dispute and identify the date(s) on which conferral occurred and the means of communication used. An adequate certificate of conference almost always requires at least one, if not more, live conversations between counsel. Live conversations may occur in-person or via telephone or video conference; email correspondence alone does not constitute sufficient conferral.

Summary: Discovery motions must include a certificate of conference attesting to good faith conferral with live conversation, dates of conferral, and means of communication.

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Civil cases

Applies to

Notice of hearing

The Notice of Hearing shall set forth, with specificity, the substance of the discovery matter to be heard. While the Notice of Hearing should not advance any argument, the Notice must be sufficiently detailed to provide the Court with advance notice of each dispute to be heard. Two or three complete sentences describing each dispute to be heard usually will be ideal.

Summary: Notice of Hearing must detail each discovery dispute with 2-3 sentences per dispute, no argument.

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Civil cases

Applies to

Proposed order

Must include

proposed order

By no later than 12:00 P.M. two business days before the Informal Discovery Hearing, each party shall send an email to louis@flsd.uscourts.gov, attaching copies of all materials relevant to the discovery dispute(s) (“Source Materials”) and a proposed order setting forth the specific relief desired for each discovery request / category of discovery requests at issue.

Summary: Proposed order required to be sent with pre-hearing email for Informal Discovery Hearing.

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Civil cases

Applies to

Email

Must include

local rule certificate, certificate of conference ?

The requesting party must send an email to Reid@flsd.uscourts.gov in which they shall copy all opposing counsel, provide a brief description of the nature of the dispute, confirm that the parties have conferred or attempted to confer pursuant to Southern District of Florida Local Rule 7.1(a)(3), and provide all counsels’ availability for the following three Wednesdays.

Summary: Hearing request emails must copy opposing counsel, describe the dispute, confirm Local Rule 7.1(a)(3) conferral, and list three Wednesdays’ availability.

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Civil cases

Applies to

Notice of hearing

Must include

local rule certificate, certificate of conference ?

Once a hearing date is obtained from Judge Reid’s Chambers, the movant shall provide notice to all relevant parties by filing a Notice of Hearing. The Notice of Hearing shall include a numerical list specifying the substance of each discovery matter to be heard and include a certification that the parties have complied with the pre-filing conference required by Local Rule 7.1(a)(3). No argument should be made in the Notice of Hearing.

Summary: Notice of Hearing must be filed after obtaining hearing date, include numerical list of discovery matters, certify Local Rule 7.1(a)(3) compliance, and contain no argument.

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Civil cases

Applies to

Protective order

protective order, shall be filed unless requested by Judge Reid.

Summary: Protective orders shall be filed only when requested by Judge Reid.

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Civil cases

Applies to

Discovery response ?

Must include

specific objection reasons ?

Parties shall not make conclusory, boilerplate objections. Blanket, unsupported objections that a discovery request is “vague, overly broad, and unduly burdensome” are, by themselves, meaningless, and the Court will disregard them. A party objecting on these bases must explain the specific and particular way in which a request is vague, overly broad, or unduly burdensome.

Summary: Conclusory objections to discovery requests are prohibited; must explain specific grounds.

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Civil cases

Applies to

Discovery response ?

Must include

clarification attempt ?

If a party believes that a request is vague, the party shall attempt to obtain clarification prior to objecting on this ground.

Summary: Must seek clarification before objecting to vague discovery requests.

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Civil cases

Applies to

Discovery response ?

Must include

partial production ?

If there is an objection based on an overly broad scope, such as timeframe or geographic location, discovery should be provided as to those matters within the scope that are not disputed.

Summary: Must produce discovery within undisputed scope when objecting to overly broad requests.

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Civil cases

Applies to

Discovery response ?

Must include

no notwithstanding objections ?

It has become common practice for a party to object and then state that “notwithstanding the above,” the party will respond to the discovery request subject to or without waiving such objection. Such an objection and answer preserves nothing and constitutes only a waste of effort and resources of both the parties and the Court.

Summary: Objecting then answering "notwithstanding" is prohibited as it preserves nothing.

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Civil cases

Applies to

Discovery response ?

Must include

withholding statement ?

Rule 34(b)(2)(C) specifically requires an objection to state whether any responsive materials are being withheld. As a result, counsel shall include in the answer a clear statement that all responsive documents or information identified have, in fact, been produced or provided or otherwise describe the category of documents or information that has been withheld based on the objection.

Summary: Objections must state whether responsive materials are being withheld.

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Civil cases

Applies to

Discovery response ?

Must include

privilege objection specificity ?

Generalized objections asserting attorney-client privilege or work-product doctrine do not comply with Local Rule 26.1(e)(2)(B), which requires that objections based upon privilege identify the specific nature of the privilege being asserted, the nature and general subject matter of the communication at issue, the sender and receiver of the communication, and their relationship to each other, among other requirements.

Summary: Privilege objections must identify specific nature, subject matter, sender, receiver, and relationship.

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Civil cases

Applies to

Discovery response ?

Must include

privilege log required ?

If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.

Summary: Privilege objections without proper privilege log may be deemed waived.

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Civil cases

Applies to

Discovery response ?

Must include

timely nonprivileged production ?

Further, the production of nonprivileged materials should not be delayed while a party is preparing a privilege log.

Summary: Nonprivileged materials must be produced without delay while preparing privilege log.

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Civil cases

Applies to

Privilege claim

Must include

sworn evidence if necessary

Note that the party with the burden of persuasion on a privilege claim has the obligation to present to the Court sworn evidence, if necessary, to satisfy that burden.

Summary: Party asserting privilege must present sworn evidence to support claim if necessary.

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Civil cases

Applies to

Discovery motion ?

Must include

arguments in briefing ?

The parties must make their arguments in the briefing itself and may not incorporate by reference or otherwise direct the Court to review communications between counsel (such as conferral letters or emails) to understand their arguments.

Summary: Arguments must be in briefing; cannot reference counsel communications.

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Civil cases

Applies to

Discovery objection ?

Must include

specific objection grounds ?

The parties shall not make nonspecific, boilerplate objections. See, e.g., S.D. Fla. L.R. 26.1(e)(2)(A) (“Where an objection is made to any interrogatory or subpart thereof or to any production request under Federal Rule of Civil Procedure 34, the objection shall state with specificity all grounds.”); Fed. R. Civ. P. 33(b)(4) and 34(b)(2)(B). The parties also shall not make general objections that are not tied to a particular discovery request. Such objections are meaningless and will be found meritless by this Court.

Summary: Boilerplate and general objections are prohibited; objections must state specific grounds.

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Civil cases

Applies to

Discovery objection ?

Must include

supporting evidence, specific explanation ?

Objections stating that a discovery request is vague, overly broad, or unduly burdensome are, standing alone, meaningless and will be found meritless by this Court. A party objecting on these grounds shall specifically explain the particular way in which the request is vague, overly broad, or unduly burdensome. In addition, claims of undue burden shall be supported by a statement (generally an affidavit) with specific information demonstrating how the request is unduly burdensome.

Summary: Vague, overly broad, or unduly burdensome objections must include specific explanations and supporting evidence.

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Civil cases

Applies to

Discovery objection ?

Must include

relevance explanation, disproportionate explanation, conferral before vagueness objection ?

If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on the ground of vagueness. If a party asserts that a request seeks irrelevant material, the objection shall say so and explain why. If a party asserts that a request seeks material that is relevant but excessive or cumulative, the objection shall state that the request is disproportionate and explain why.

Summary: Parties must confer with opposing counsel before objecting to vague requests and must explain relevance/disproportionate objections.

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Civil cases

Applies to

Discovery objection ?

The parties shall not recite a formulaic objection followed by an answer to the request. It has become common practice for a party to object on the basis of any of the above reasons and then state that, notwithstanding the objection, the party will respond to the discovery request, subject to or without waiving the objection. This type of objection and answer preserves nothing and serves only to waste the time and resources of the parties and the Court. Furthermore, such practice leaves the requesting party uncertain as to whether the question has been fully answered.

Summary: Formulaic objections followed by answers are prohibited as they waste time and create uncertainty.

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Civil cases

Applies to

Discovery objection ?

Must include

privilege log, compliance with local rule 26 1 e 2 ?

Generalized objections asserting attorney-client privilege or work-product doctrine do not comply with the Local Rules. The parties are instructed to carefully review and comply with Local Rule 26.1(e)(2) when asserting a privilege. If a party fails to prepare a privilege log when required, the Court may deem an objection based on privilege waived.

Summary: Generalized privilege objections are prohibited; parties must follow Local Rule 26.1(e)(2) and prepare privilege logs.

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Civil cases

Applies to

Trial exhibit

All trial exhibits must be pre-marked. Plaintiffs’ exhibits must be marked numerically with the letter “P” as a prefix. Defendants’ exhibits must be marked alphabetically with the letter “D” as a prefix. A list setting out all exhibits must be submitted at the beginning of trial. This list must indicate the pre-marked identification label (e.g., P-1 or D-1) and must also include a brief description of the exhibit.

Summary: Trial exhibits must be pre-marked with P or D prefixes and listed at trial start.

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Civil cases

Applies to

Deposition designation ?

Must include

certificate of service ?

Any party intending to use deposition testimony as substantive evidence must designate by line and page reference those portions in writing. The designations must be served on opposing counsel and filed with the Court fourteen days before the deadline to file the joint pretrial stipulation. The adverse party must serve and file any days to serve and file objections to the cross-designations.

Summary: Deposition designations must be filed 14 days before joint pretrial deadline.

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Civil cases

Applies to

Jury instructions

If this case will proceed by jury trial, the parties shall submit their proposed jury instructions and verdict form jointly, although they need not agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by Plaintiff shall be underlined. Instructions proposed only by Defendant shall be italicized. Every instruction must be supported by citation to authority. The parties shall use as a guide the Eleventh Circuit Pattern Jury Instruction for Civil Cases, including the directions to counsel contained therein. Proposed jury instructions and verdict form, in typed form, including substantive charges and defenses, shall be submitted to this Court in Microsoft Word format via e-mail to: hunt@flsd.uscourts.gov. Instructions for filing proposed documents may be viewed at: http://www.flsd.uscourts.gov.

Summary: Jury instructions must be jointly submitted in Word format with specific formatting and citations.

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Civil cases

Applies to

Discovery response ?

Must include

specific objections ?

All objections to discovery requests must be specific. The parties shall not make generalized, vague, or boilerplate objections. Nonspecific objections do not comply with the Federal Rules of Civil Procedure or the Local Rules and will not be sustained by this Court. See Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons.” (emphasis added)); S.D. Fla. L.R. 26.1(g)

Summary: All discovery objections must be specific and cannot be generalized, vague, or boilerplate.

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Civil cases

Applies to

Discovery response ?

Must include

specific explanation ?

Objections that state that a discovery request is Avague, overly broad, or unduly burdensome@ are, standing alone, meaningless and will be found meritless by this Court.

Summary: Objections based solely on vague, overly broad, or unduly burdensome grounds are meritless.

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Civil cases

Applies to

Discovery response ?

Must include

specific explanation ?

a party objecting on these grounds must explain the specific and particular way in which a request is vague, overly broad, or unduly burdensome.

Summary: Objections based on vague, overly broad, or unduly burdensome grounds must explain the specific reasons.

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Civil cases

Applies to

Discovery response ?

Must include

partial production ?

If there is an objection based upon an unduly broad scope, such as timeframe or geographic location, discovery should be provided as to those matters within the scope that is not disputed.

Summary: For scope objections, provide discovery within undisputed scope parameters.

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Civil cases

Applies to

Discovery response ?

Must include

specific explanation

an objection that a discovery request is irrelevant and/or not reasonably calculated to lead to admissible evidence must include a specific explanation describing why the request lacks relevance and/or why the information sought is not reasonably calculated to lead to admissible evidence.

Summary: Relevance objections must include specific explanation of why request lacks relevance or is not reasonably calculated to lead to admissible evidence.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of good faith

The movant shall include in the motion a certificate of good faith that complies with S.D. Fla. L.R. 7.1(a)(3) and that specifically indicates the efforts that were made to resolve the dispute prior to filing the motion.

Summary: Discovery motions must include certificate of good faith per S.D. Fla. L.R. 7.1(a)(3).

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Civil cases

Applies to

Motion ?

Must include

local rule certificate ?

THIS COURT MAY DECLINE TO CONSIDER ANY FILING THAT DOES NOT COMPLY WITH THIS ORDER.

Summary: Court may decline to consider any filing that does not comply with this order.

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Civil cases

Applies to

Discovery motion ?

Must include

local rule certificate, certificate of conference ?

The movant shall include in the motion a certificate of good faith that complies with Local Rule 7.1(a)(3). See S.D. Fla. L.R. 7.1(a)(3).

Summary: Discovery motions must include a certificate of good faith complying with Local Rule 7.1(a)(3).

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Civil cases

Applies to

Discovery motion ?

The moving party MUST attach as exhibits any materials relevant to the discovery dispute (e.g., discovery demands and discovery responses), and shall describe the attachment pursuant to the Court’s CM/ECF procedures, Rule 3L(2).

Summary: Discovery motions must include as exhibits all relevant materials (e.g., discovery demands, responses) described per CM/ECF Rule 3L(2).

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Civil cases

Applies to

Discovery motion ?

The motion must also cite to the best supporting legal authority.

Summary: Discovery motions must cite the best supporting legal authority.

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Civil cases

Applies to

Privilege objection ?

Local Rule 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as, inter alia, the nature and subject matter of the communication at issue and the sender and receiver of the communication and their relationship to each other.

Summary: Privilege objections must identify the specific privilege nature, communication details, and sender/receiver relationships per Local Rule 26.1(e)(2)(B).

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Civil cases

Applies to

Privilege objection ?

If a party raises a general objection of privilege without attaching a proper privilege log, the objection of privilege may be deemed waived.

Summary: General privilege objections lacking a proper privilege log may be deemed waived.

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Civil cases

Applies to

Settlement memorandum ?

To prepare for the Settlement Conference, the Plaintiff and the Defendant each shall submit to this Court a Memorandum setting forth its position. The parties shall send their respective Memoranda directly to the undersigned’s Chambers by emailing them to: maynard@flsd.uscourts.gov. Given their confidential content, the Memoranda shall indicate clearly that they are NOT to be docketed in the case docket.

Summary: Parties must submit confidential settlement memoranda via email to chambers, not to be docketed.

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Civil cases

Applies to

Settlement conference ?

Parties with full and complete settlement authority are required to personally attend the conference. An insured party shall appear by a representative of the insurer who is authorized to negotiate and commit to a binding settlement agreement. An uninsured corporate party shall appear by a representative authorized to negotiate and commit to a binding settlement agreement. Having a client with authority available by telephone is NOT an acceptable alternative.

Summary: Parties with settlement authority must personally attend; phone participation is not acceptable.

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Civil cases

Applies to

Pre settlement conference memorandum ?

Based upon the foregoing, it is hereby, ORDERED AND ADJUDGED that the parties shall email their pre-Settlement Conference Memoranda to Chambers by Wednesday, March 28, 2018 at 10:00 AM.

Summary: Pre-settlement conference memoranda must be emailed to chambers by March 28, 2018 at 10:00 AM.

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Civil cases

Applies to

Discovery motion ?

Must include

exhibits

The moving party MUST attach as exhibits any materials relevant to the discovery dispute (e.g., discovery demands, discovery responses, and privilege logs).

Summary: Moving party must attach relevant discovery materials as exhibits.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

“[a]t the end of the motion, and above the signature block,” counsel must include a Certificate of Conferral or its functional equivalent, indicating compliance with Local Rule 7.1(a)(3) and paragraph 1, supra.

Summary: Certificate of Conferral required at end of motion above signature block.

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Civil cases

Applies to

Notice of hearing

No additional materials may be submitted after the Notice of Hearing has been filed. If the parties need to amend the Notice of Hearing for any reason, they must email Chambers requesting leave of the Court to do so.

Summary: No additional materials after Notice of Hearing is filed; amendments require emailing Chambers for leave.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

Counsel must certify that they engaged in such good faith efforts in attempting to resolve the dispute in compliance with Local Rule 7.1(a)(3).

Summary: Counsel must include a certificate of good faith meet and confer efforts complying with Local Rule 7.1(a)(3) when seeking court intervention for discovery disputes.

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Civil cases

Applies to

Notice of hearing ?

The Notice shall not include any argument; the purpose of the Notice is merely to frame the specific discovery issues to be heard by the Court during the hearing and succinctly explain the dispute.

Summary: Notice of Hearing must not include any legal argument, only frame issues and explain dispute.

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Civil cases

Applies to

Notice of hearing ?

Must include

proposed order

The parties must attach the following exhibits to the Notice: (A) A short, proposed order setting forth the specific relief requested; (B) A copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and accompanying responses); (C) A list of citations for any legal authorities upon which the parties intend to rely at the hearing, as well as a copy of those authorities.

Summary: Notice of Hearing must include Exhibits A (proposed order), B (source materials), C (citations list and copies of authorities).

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Civil cases

Applies to

Exhibit c

Exhibit C shall not contain any legal argument, but the parties may highlight relevant passages of the relied-upon legal authorities and provide parentheticals in the list of citations.

Summary: Exhibit C (citations list) must not contain legal argument; highlighting and parentheticals allowed.

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Civil cases

Applies to

Notice of hearing

Must include

certificate of conference ?

The Notice of Hearing shall include a certificate of conferral that fully complies with Local Rule 7.1(a)(3).

Summary: Notice of Hearing must include a certificate of conferral complying with Local Rule 7.1(a)(3).

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Civil cases

Applies to

Motion

Must include

local rule certificate ?

For all motions requesting extensions of time, the moving party should type on the middle right hand side of the pleading, the deadline for filing motions, the date of the pretrial conference, calendar call and trial period, if applicable. Also, advise the number of times requests for extensions of time have been filed and whether the motion has been referred to the Magistrate Judge.

Summary: Extension motions must include deadlines, dates, extension count, and magistrate referral status.

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Civil cases

Applies to

Motion

Must include

proposed order

Include a proposed order with all motions in accordance with the CM/ECF Administrative Procedures. The proposed document should be sent separately by e-mail in WordPerfect or Word format. The e-mail subject line and the name of the attachment should include the case number, docket entry number, followed by a short description of the attachment (e.g., xx-CV-xxxxx Order on DE xx) to graham@flsd.uscourts.gov.

Summary: Proposed order required with all motions, sent via email in WordPerfect or Word format.

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Civil cases

Applies to

Motion

Must include

certificate of conference ?

In accordance with Local Rule 7.1.a.3, the moving party must include the position of opposing parties on all appropriate motions. Please indicate with specificity the manner in which reasonable efforts were initiated (via facsimile, e-mail or voice-mail), the dates of such efforts, and the number of times an inquiry and follow up on the response to the inquiry was sought. Failure to comply with Local Rule 7.1.a.3 will likely result in denial of the requested relief.

Summary: Moving party must include opposing parties' positions and detail conference efforts for all motions.

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Civil cases

Applies to

Joint discovery plan

Must include

certificate of service ?

Within 14 days of the parties' discovery and scheduling conference, the parties must file a joint discovery plan and conference report, as set forth in Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2).

Summary: Joint discovery plan and conference report due within 14 days of meet and confer.

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Civil cases

Applies to

Joint discovery plan ?

Must include

discovery timeline, case track indication ?

The parties do not need to submit a joint proposed scheduling order pursuant to Local Rule 16.1(b)(3). Instead, the parties must inform the Court, in their discovery plan and conference report, which case track they believe this case should be assigned pursuant to Local Rule 16.1(a) and the proposed time limit to complete discovery.

Summary: Joint proposed scheduling order not required; parties must indicate case track and discovery timeline in joint plan.

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Civil cases

Applies to

Trial exhibits

All trial exhibits must be pre-marked.

Summary: All trial exhibits must be marked before trial.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

The Court may impose sanctions, monetary or otherwise, if it determines discovery is being improperly sought, is being withheld in bad faith, or if a party fails to confer in good faith.

Summary: Court may impose sanctions for improper discovery, bad faith withholding, or failure to confer in good faith.

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Civil cases

Applies to

Source materials

Source material is the actual discovery at issue. Source material is not memoranda or letters to the Court which are, for all intents and purposes, a mini-brief.

Summary: Source materials must be actual discovery documents, not memoranda or letters.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

The Court expects all parties to engage in reasonable compromise to facilitate the resolution of their discovery disputes. The Court may impose sanctions, monetary or otherwise, if the Court determines discovery is being improperly sought or is being withheld in bad faith.

Summary: Parties must engage in reasonable compromise; sanctions may be imposed for bad faith.

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Civil cases

Applies to

Consent form ?

Must include

case number, pro se litigant information ?

Pro se litigants interested in receiving notices must file the form 'Consent by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing' which can be found on the Court's website (http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receive-nefs). After filing the consent, pro se litigants will receive case orders, notices and other documents filed via email. Paper copies of filings will then no longer be sent by the Court or opposing counsel in that particular case.

Summary: Pro se litigants must file consent form to receive electronic notices; paper copies will then cease.

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Civil cases

Applies to

Discovery motion ?

Must include

fr cp 37a5 awareness ?

The Court reminds the parties and counsel that Federal Rule of Civil Procedure 37(a)(5) requires the Court to award expenses, including fees, unless an exception (such

Summary: Court will award expenses and fees under FRCP 37(a)(5) unless exceptions apply.

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Civil cases

Applies to

Discovery objection ?

Must include

outdated objection prohibited ?

An objection that a discovery request is irrelevant or “not reasonably calculated to lead to admissible evidence” is an outdated type of objection, as that language no longer defines the scope of discovery under Federal Rule of Civil Procedure 26(b)(1).

Summary: Objections based on irrelevance or not reasonably calculated to lead to admissible evidence are outdated.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to

Email

The email subject line must include the case number as follows: XX-cv-XXXX-JB.

Summary: Emails submitting proposed orders and proposed final judgments must include the case number in the specified subject-line format.

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Civil cases

Applies to

Joint trial plan

If adjustments become necessary during trial, the Court will not require the parties to call their witnesses in the order in which they are listed in the joint trial plan, as long as sufficient advance notice of the adjustments is provided to the Court and opposing counsel. However, the Court expects very little deviation from the joint trial plan in all other respects.

Summary: Witness order in joint trial plan is flexible with advance notice; other aspects must be followed.

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Civil cases

Applies to

Motion in limine

Motions in limine that request for the Court to order the opposing party to comply with the Federal Rules of Evidence are improper and may be denied immediately.

Summary: Motions in limine requesting compliance with Federal Rules of Evidence are improper and may be denied.

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Civil cases

Applies to

Motion to strike

This Court disfavors motions to strike affirmative defenses. However, the Court will not permit a defendant to raise an affirmative defense that is not, in fact, an affirmative defense (such as the affirmative defense of 'failure to state a claim') at any stage of the litigation, including upon the filing of a motion for summary judgment and at trial.

Summary: Motions to strike affirmative defenses are disfavored; improper affirmative defenses will be construed as denials.

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Civil cases

Applies to

Certification

Should any of the parties fail to cooperate in preparing the Pretrial Stipulation, all parties shall file (by the date the pretrial stipulation was due) a certification with the Court stating the circumstances.

Summary: Non-cooperating parties must file certification explaining circumstances by pretrial stipulation due date.

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Civil cases

Applies to

Show cause order ?

Upon receipt of such certifications, the Court may issue an order requiring the non-cooperating party or parties to show cause why such party or parties, or their respective attorneys, should not be sanctioned for the failure to comply with the Court’s order.

Summary: Court may issue show cause order for sanctions against non-cooperating parties or attorneys.

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Civil cases

Applies to

Pretrial order ?

Must include

compliance certificate ?

Intentional or repeated non-compliance with any provision of this Order may subject the non-complying party or counsel to appropriate sanctions. It is the duty of all counsel to enforce the timetable set forth herein in order to ensure an expeditious resolution of this cause.

Summary: Non-compliance with order may result in sanctions.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to

Settlement approval motion ?

Failure to comply with these requirements may result in denial of the motion for settlement approval.

Summary: Failure to comply with the settlement-approval motion requirements may result in denial of the motion.

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Civil cases

Applies to

Supplemental deposition

Must include

compelled by court, rule 26a1 noncompliance ?

The Court will compel supplemental depositions in the event that Rule 26(a)(1) was not properly followed.

Summary: Supplemental depositions may be compelled for improper Rule 26(a)(1) compliance.

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Civil cases

Applies to

Discovery dispute ?

Must include

rule 37 compulsion, burden failure consequence ?

Failure to satisfy this burden will result in entry of an order compelling discovery under Rule 37.

Summary: Failure to meet burden results in discovery compulsion under Rule 37.

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Civil cases

Applies to

Sanctions

Must include

monetary sanctions, justification required ?

Failure to show that the objecting party’s position was substantially justified may result in entry of monetary sanctions under that Rule.

Summary: Lack of substantial justification may result in monetary sanctions.

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Applies to

Authorization request ?

Must include

signature, judge authorization ?

A. A written request signed by a judge or other designated authority, forwarded to the United States Marshal for verification, allowing a specific person access to the courthouse with a specific electronic device for a specific purpose and period of time; or,

Summary: Written judge authorization required for specific electronic device access.

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Applies to

Reporter agreement ?

Must include

written agreement, acknowledgment of contempt ?

G. Upon application and approval, news reporters may bring into courthouses cellular phones, mobile electronic devices and laptops, and may utilize the wireless capabilities of those devices, as long as the news reporters agree in writing to use their electronic device inside the District's courtrooms only in text function mode consistent with this Order. Reporters also must agree in writing to not record or transmit in any way audio, still photography, or video from anywhere inside courthouses nor from inside courtrooms, and agree to not transmit a live feed of any of the aforementioned at any time. Nor may they create a verbatim record of any proceeding. They must acknowledge in writing that a knowing or willful violation of the agreement will result in contempt of court. The Clerk of Court shall keep the list of reporters who have signed such agreement and make that list

Summary: News reporters may bring devices with written agreement restricting use to text mode only.

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Civil cases

Applies to

Joint motion ?

The Court does not enter agreed orders extending the due date for discovery responses, nor does the Court enter orders memorializing discovery agreements between the parties on issues that were not argued to the Court during a hearing.

Summary: Court will not enter agreed orders for discovery extensions or unargued agreements.

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Civil cases

Applies to

Sanctions

Must include

bad faith or substantial justification ?

The Court may impose sanctions, monetary or any other type, if it determines discovery is being improperly sought or is being withheld in bad faith or without substantial justification. See Fed. R. Civ. P. 37.

Summary: Court may impose sanctions for improper discovery conduct under Rule 37.

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Civil cases

Applies to

Discovery motion ?

Any objection that a discovery request is not reasonably calculated to lead to admissible evidence is an objection that is based on an outdated discovery standard. Such an objection is

Summary: Objections based on 'reasonably calculated' standard are outdated.

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Civil cases

Applies to

Discovery response ?

Must include

attempt clarification ?

if a party believes that a request is vague, the party shall attempt to obtain clarification prior to objecting on this ground.

Summary: Parties must attempt to obtain clarification before objecting on vagueness grounds.

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Civil cases

Applies to

Motion

Must include

local rule certificate ?

This Court reminds the parties and counsel that if the motion is granted, Federal Rule of Civil Procedure 37(a)(5) requires this Court to award to the moving party all reasonable expenses incurred in making the motion, including attorney’s fees, absent an exception.

Summary: If motion is granted, court must award reasonable expenses including attorney’s fees under FRCP 37(a)(5).

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Civil cases

Applies to

Notification of ninety days expiring

Must include

notice of motion ?

Local Rule 7.1.b.4 provides that a “Notification of Ninety Days Expiring” be filed for any motion that has been pending and fully briefed for ninety (90) days. In this Division, if a ripe motion or decision after oral argument or a bench trial is pending for more than forty-five (45) days, please contact Chambers and advise the Judicial Administrator of the pendency of the motion.

Summary: Notification required for motions pending 90 days; contact chambers if pending 45+ days.

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Civil cases

Applies to

Notice of hearing

If one or more of the parties believe in good faith that the discovery dispute is not a routine, garden-variety dispute and needs specialized attention, then the parties may include a to-the-point, no-more-than-one-paragraph explanation in the Notice of Hearing, to flag the specific issues.

Summary: Non-routine disputes may include one-paragraph explanation in hearing notice.

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Civil cases

Applies to

Rule 30b6 deposition ?

Counsel for the corporation or entity is not required to identify the designee or designees before the deposition begins, but he or she is certainly free to volunteer the information as a courtesy.

Summary: No requirement to identify Rule 30(b)(6) designee before deposition begins.

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Civil cases

Applies to

Deposition

Must include

announcement of deposition type change ?

It is permissible for a party to take the deposition of a person in his/her representative capacity as a corporate designee and also take a separate deposition of that person in his/her role as a fact witness. The attorney scheduling the depositions has the discretion to determine the order in which the two depositions occur. The attorney taking the depositions may take the fact witness deposition and the Rule 30(b)(6) deposition at the same time but shall clearly announce on the record when the deposition is changing into a different type of deposition.

Summary: Permissible to take both corporate designee and fact witness depositions of same person, with clear announcement when changing types.

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Civil cases

Applies to

Trial notice ?

Must include

caption, judge name, case number ?

PLEASE TAKE NOTICE that the above-captioned cause is hereby set for Trial before the Honorable Robin L. Rosenberg, United States District Judge, at the United States District Court at 701 Clematis Street, Fourth Floor, Courtroom 1, West Palm Beach, Florida, during the four-week trial period commencing February 1, 2021 at 9:00 a.m., or as soon thereafter as the case may be called.

Summary: Trial set for February 1, 2021 at 9:00 a.m. in West Palm Beach

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Civil cases

Applies to

Amendment

Must include

caption, judge name, case number ?

The undersigned also refers to Judge Reinhart the authority to permit an amendment to a pleading. If any party accepts the opportunity to amend a pleading from Judge Reinhart, the undersigned will deem any pending motion to dismiss (or motion to strike) the pleading as moot.

Summary: Magistrate Judge has authority to permit amendments; pending motions become moot

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Civil cases

Applies to

Expert witness list ?

Note: The above provisions pertaining to expert witnesses do not apply to treating physicians, psychologists or other health providers.

Summary: Expert witness rules do not apply to treating physicians and health providers.

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Civil cases

Applies to

Status conference

Must include

witness estimation, trial time estimation ?

At the Status Conference, the Court will require all parties to estimate the total number of witnesses each party intends to call at trial and to estimate the total amount of time requested for trial. The Court will utilize this estimate in the event multiple cases proceed to trial during the relevant trial period. The parties’ estimate is not intended to be binding on the parties—it is merely a preliminary scheduling tool for the Court.

Summary: Parties must estimate witnesses and trial time at Status Conference for scheduling purposes.

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Civil cases

Applies to

Joint trial plan ?

The parties need not include an estimation of time for jury selection.

Summary: Jury selection time need not be estimated in the joint trial plan.

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Civil cases

Applies to

Jury instructions

the parties must begin to confer and prepare the proposed jury instructions at the time they are preparing the pretrial stipulation.

Summary: Parties must begin preparing proposed jury instructions when preparing pretrial stipulation.

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Civil cases

Applies to

Voir dire questions

Must include

case number

Voir Dire Questions. The Court will require each prospective juror to complete a brief written questionnaire prior to the commencement of questioning in the courtroom. Any party may submit up to five proposed, case-specific questions to be included in the questionnaire. The proposed questions must be filed with the Court on or before Calendar Call and must also be submitted to the Court, in Word format, via e-mail to ruiz@flsd.uscourts.gov. The email subject line must include the case number as follows: XX-CV-XXXX-RAR.

Summary: Parties may submit up to 5 voir dire questions by calendar call via email with specific format.

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Civil cases

Applies to

Discovery plan ?

Must include

self sequencing, no delay required ?

The parties are reminded to comply with Rule 26(d)(3) that grants all parties the right to sequence their own discovery, which means that one party’s discovery does not require any other party to delay its discovery. The Court regularly enforces this Rule.

Summary: Parties may sequence their own discovery without waiting for others.

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Civil cases

Applies to

Proposed order ?

I will omit from a protective order any proposed provision that would allow a party to bypass Local Rule 5.4’s requirements for filing material under seal.

Summary: The Court will omit any provision in a protective order that allows bypassing Local Rule 5.4’s sealing requirements.

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Civil cases

Applies to

Discovery motion ?

The parties need not use a significant portion of their briefing allotment to apprise the Court of the claims and allegations being made in the case or the procedural background of the case. The Court will review the pleadings and docket to familiarize itself with the background of the case.

Summary: Parties should focus briefing on legal arguments, not case background.

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Civil cases

Applies to

Discovery response ?

Must include

partial production ?

if discovery is sought nationwide for a ten-year period, and the responding party objects on the grounds that only a five-year period limited to activities in the State of Florida is appropriate, the responding party shall provide responsive discovery falling within the five-year period as to the State of Florida.

Summary: Example: For nationwide/10-year request, provide 5-year FL discovery if that's the disputed scope.

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Civil cases

Applies to

Discovery response ?

Must include

broad discovery standard ?

The parties are reminded that the Federal Rules of Civil Procedure allow for broad discovery that need not be necessarily admissible at trial. See Fed. R. Civ. P. 26(b)(1); Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 350–51 (1978).

Summary: Federal Rules allow broad discovery that need not be admissible at trial.

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Civil cases

Applies to

Discovery motion ?

Must include

exhibits

The moving party may attach as exhibits to the motion any materials relevant to the discovery dispute.

Summary: Exhibits may be attached to discovery motions.

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Civil cases

Applies to

Response to discovery motion ?

Must include

exhibits

The responding party may also attach as exhibits any materials relevant to the discovery dispute.

Summary: Exhibits may be attached to responses to discovery motions.

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Civil cases

Applies to

Reply to discovery motion ?

Must include

exhibits

The moving party may only attach to the reply exhibits that are relevant to rebut the response.

Summary: Replies to discovery motions limited to rebuttal exhibits.

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Civil cases

Applies to

Settlement conference ?

The Court will generally use a mediation format: that is, a joint session with opening presentations by the Court and each side followed by private caucusing by the Court with each side. The Court expects both sides and their representatives to be fully prepared to participate.

Summary: Settlement conference will use mediation format with joint session and private caucusing.

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Civil cases

Applies to

Settlement conference

The Court expects the parties to address each other with courtesy and respect. Parties are encouraged to be frank and open in their discussions. As a result, statements made by any party during the Settlement Conference are not to be used in discovery and will not be admissible at trial.

Summary: Settlement conference statements are confidential and inadmissible at trial.

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Civil cases

Applies to

Stipulated order

The Court does not enter stipulated orders extending the due date for discovery responses, nor does the Court enter orders memorializing discovery agreements between the parties that were not otherwise litigated before the Court.

Summary: Court will not enter stipulated orders extending discovery response deadlines or unlitigated discovery agreement orders.