LOCAL RULES
OF
THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF FLORIDA
F
EBRUARY 1, 2021
i
CONTENTS
Reference Tables iii
FED. R. CIV. P. LOCAL RULE...................................................................................... iii
L
OCAL RULE FED. R. CIV. P. ....................................................................................... v
FED. R. CRIM. P. LOCAL RULE .................................................................................. vii
LOCAL RULE FED. R. CRIM. P. .................................................................................. vii
Chapter One — Administration 1
RULE 1.01 PURPOSE, SCOPE, AND DEFINITIONS .............................................................. 1
RULE 1.02 AUTHORITY OF UNITED STATES MAGISTRATE JUDGES .................................. 2
RULE 1.03 ADMIRALTY AND MARITIME .......................................................................... 3
RULE 1.04 DIVISIONS AND PLACE TO FILE....................................................................... 3
RULE 1.05 DOCKETING AND ASSIGNMENT ...................................................................... 4
RULE 1.06 REMOVAL OF AN ACTION FROM STATE COURT............................................... 5
RULE 1.07 SUCCESSIVE AND OTHER RELATED ACTIONS.................................................. 5
RULE 1.08 FORM OF A PLEADING, MOTION, OR OTHER PAPER ....................................... 7
RULE 1.09 TITLE OF A PLEADING, MOTION, OR OTHER PAPER ........................................ 8
RULE 1.10 FILING PROOF OF SERVICE OF PROCESS; DEADLINE FOR DEFAULT ................ 9
RULE 1.11 FILING UNDER SEAL IN A CIVIL ACTION ...................................................... 10
Chapter Two — Lawyers 13
RULE 2.01 PRACTICE IN THE MIDDLE DISTRICT ............................................................ 13
RULE 2.02 APPEARANCE AND WITHDRAWAL OF A LAWYER ......................................... 15
RULE 2.03 APPEARANCE BY A LAW STUDENT ............................................................... 16
RULE 2.04 DISCIPLINE .................................................................................................. 16
Chapter Three — Motions, Discovery, and Pretrial Procedure 20
RULE 3.01 MOTIONS AND OTHER LEGAL MEMORANDUMS ........................................... 20
RULE 3.02 CIVIL CASE MANAGEMENT .......................................................................... 22
RULE 3.03 DISCLOSURE STATEMENT ............................................................................. 24
RULE 3.04 NOTICE OF A DEPOSITION OR A SUBPOENA DUCES TECUM ........................... 24
RULE 3.05 STIPULATIONS .............................................................................................. 25
RULE 3.06 FINAL PRETRIAL MEETING AND STATEMENT ............................................... 25
RULE 3.07 EXHIBITS ...................................................................................................... 27
RULE 3.08 CONTINUANCE ............................................................................................. 28
RULE 3.09 NOTICE OF RESOLUTION; DISMISSAL............................................................ 28
RULE 3.10 FAILURE TO PROSECUTE; DISMISSAL ............................................................ 28
RULE 3.11 DISCLOSURE IN A CRIMINAL ACTION ........................................................... 28
RULE 3.12 DISCOVERY OF INFORMATION FROM PROBATION AND PRETRIAL SERVICES .. 30
ii
Chapter Four — Alternative Dispute Resolution 31
RULE 4.01 MEDIATION ................................................................................................. 31
RULE 4.02 MEDIATOR ................................................................................................... 31
RULE 4.03 MEDIATION ORDER ..................................................................................... 32
Chapter Five — Court Proceedings 33
RULE 5.01 BROADCASTING, RECORDING, AND PHOTOGRAPHING ................................. 33
RULE 5.02 JURY SELECTION AND PROHIBITION OF COMMUNICATION WITH A JUROR .... 33
RULE 5.03 COURTROOM DECORUM .............................................................................. 34
Chapter Six — Special Proceedings 37
RULE 6.01 TEMPORARY RESTRAINING ORDER .............................................................. 37
RULE 6.02 PRELIMINARY INJUNCTION .......................................................................... 38
RULE 6.03 IN FORMA PAUPERIS ACTION ....................................................................... 39
RULE 6.04 ACTION BY A PERSON IN CUSTODY............................................................... 39
RULE 6.05 HABEAS ACTION CHALLENGING A DEATH SENTENCE .................................. 39
RULE 6.06 MARSHAL’S DEED AND A COAST GUARD BILL OF SALE ............................... 41
Chapter Seven — Miscellaneous Rules 42
RULE 7.01 ATTORNEY’S FEES AND EXPENSES ............................................................... 42
RULE 7.02 ELECTRONICS IN A COURTHOUSE ................................................................. 43
RULE 7.03 COURT’S REGISTRY ...................................................................................... 44
iii
REFERENCE TABLE (CIVIL)
FED. R. CIV. P. LOCAL RULE
1 1.01(a), 3.06
4(l) 1.10(a)
5.1 1.09
5.2(d) 1.11
6 3.01(c)
6(b) 3.08
7 1.08, 1.09
7(a) 1.01(d)(1 4)
7(b) 1.01(d)(12), 3.01(a)
7.1 3.03
8(a) 1.01(d)(4)
10 1.09
11 2.04
12(b)(6) 1.01(d)(4)
16(a)– (d) 3.02
16(b)(4) 3.08(a)
16(e) 3.06
23 1.09
23.1 1.09
26(f) 3.02
27 3.04
30 3.04
31 3.04
32 3.06(b)(8)
38 1.09
40 3.02
41 1.01(d)(1)
41(b) 3.10
iv
FED. R. CIV. P. LOCAL RULE
(cont’d)
42(a) 1.07(b)
43(b) 3.10
45 3.04
47 5.02
54(d)(2) 7.01
55(a) 1.10(b)
55(b) 1.10(c)
64 6.06
65 1.09, 6.01, 6.02
67 7.03
70 6.06
72 1.02
73 1.02
78 3.01(h)
79 3.07
79(a) 1.05(a)
81(c) 1.06
83(a) 1.01
Rules Governing
Section 2254
Proceedings for
the United States
District Courts
1.05(c), 6.04, 6.05
Rules Governing
Section 2255
Proceedings for
the United States
District Courts
1.05(c), 6.04
Supp. Rules for
Admiralty or
Maritime Claims
& Asset
Forfeiture
Actions
1.03
v
REFERENCE TABLE (CIVIL)
LOCAL RULE FED. R. CIV. P.
1.01(a) 1
1.01(d)(1) 41
1.01(d)(4) 8(a), 12(b)(6)
1.01(d)(12) 7(b)
1.01(d)(14) 7(a)
1.02 72, 73
1.03
Supp. Rules for
Admiralty or
Maritime Claims &
Asset Forfeiture
Actions
1.05(a) 79(a)
1.05(c)
Rules Governing
Section 2254
Proceedings for
the United States
District Courts
Rules Governing
Section 2255
Proceedings for
the United States
District Courts
1.06 81(c)
1.07(b) 42(a)
1.08 7
1.09
5.1, 7, 10, 23,
23.1, 38, 65
1.10(a) 4(l)
1.11 5.2(d)
2.04 11
3.01(a) 7(b)
3.01(c) 6
3.01(h) 78
3.02 16(a)– (d), 26(f), 40
vi
LOCAL RULE FED. R. CIV. P.
(cont’d)
3.03 7.1
3.04 27, 30, 31, 45
3.06 1, 16(e)
3.06(b)(8) 32
3.07 79
3.08 6(b)
3.08(a) 16(b)(4)
3.10 41 (b)
5.02 47
6.01 65
6.02 65
6.04
Rules Governing
Section 2254
Proceedings for
the United States
District Courts
Rules Governing
Section 2255
Proceedings for
the United States
District Courts
6.05
Rules Governing
Section 2254
Proceedings for
the United States
District Courts
6.06 64, 70
7.01 54(d)(2)
7.03 67
vii
REFERENCE TABLE (CRIMINAL)
FED. R. CR IM. P. LOCAL RULE
1 1.01
12 1.08, 3.01
13 1.07(b)
15 3.04
17 3.04
18 1.04
23 5.02
24 5.02
32 3.12
45 3.08(a)
47 3.01
53 5.01
55 3.07
57 1.01
59 1.02
LOCAL RULE FED. R. CRIM. P.
1.01 1, 57
1.02 59
1.04 18
1.07(b) 13
1.08 12
3.01 12, 47
3.04 15, 17
3.07 55
3.08(a) 45
3.12 32
5.01 53
5.02 23, 24
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
1
Chapter One — Administration
Rule 1.01 Purpose, Scope, and Definitions
(a) P
URPOSE. These rules advance efficiency, consistency,
convenience, and other interests of justice.
(b) S
USPENDING THE APPLICATION OF A RULE. If reasonably
necessary to achieve the purpose of these rules, a judge can modify or
suspend for all or part of an action the application of any rule, except
Rule 1.05(a).
(c) E
LECTRONIC FILING. By administrative order, the court can
prescribe procedures governing electronic filing.
(d) D
EFINITIONS.
(1) “Action” means, collectively, the claims a party asserts in a
pleading.
(2) “Bar” means the bar of the Middle District.
(3) “Case” means the content of the docket in an action (for
example, if remand occurs, the action returns to state court, but
the case remains in federal court).
(4) “Claim” or “claim for relief” means the basis for relief a
party asserts in a count of a pleading and is similar to the state
court term “cause of action.”
(5) “Clerk” means the Clerk of the Court for the Middle
District or the clerk’s designee.
(6) “Court” means the judges of the Middle District
collectively.
(7) “Judge” means a presiding judge.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
2
(8) “Lawyer” means a member of the Middle District bar or a
lawyer specially admitted in the Middle District.
(9) “Lead counsel” means the lawyer responsible to the court
and the other parties for the conduct of the action, including
scheduling.
(10) “Legal memorandum” means a paper — including a legal
brief — that cites legal authority or otherwise advances a
statement of law to support a request for relief.
(11) “Middle District” means the United States District Court
for the Middle District of Florida.
(12) “Paper” means a pleading, motion, document, exhibit,
attachment, appendix, photograph, or other filing susceptible to
appearance on the electronic docket and not a tangible object.
(13) “Person” means a natural person or an entity the law
recognizes as a person.
(14) “Pleading” means a paper identified as a pleading and
permitted under the Federal Rules of Civil Procedure.
(15) “Pro se” means not represented by a lawyer.
Rule 1.02 Authority of United States Magistrate Judges
(a) A
UTHORITY. A United States magistrate judge in the Middle
District can exercise the maximum authority and perform any duty
permitted by the Constitution and other laws of the United States.
(b) A
DMINISTRATIVE ORDER. The chief judge must issue and
publicize with the local rules an administrative order that delineates the
authority and describes the duties of a United States magistrate judge.
The chief judge can amend the administrative order as needed.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
3
Rule 1.03 Admiralty and Maritime
(a) A
DMIRALTY AND MARITIME PRACTICE MANUAL. To
supplement and clarify the United States “Supplemental Rules for
Admiralty and Maritime Claims and Asset Forfeiture Actions,” the
Middle District must adopt and publish a manual that governs
admiralty and maritime practice in the Middle District.
(b) A
DMIRALTY AND MARITIME PRACTICE COMMITTEE. The chief
judge must appoint a standing committee comprising representatives of
the admiralty and maritime bar and must designate the chair. The
committee must consist of no fewer than five admiralty and maritime
lawyers, each appointed for no more than three years. The committee
must meet at least annually to consider and recommend improvements
to the manual.
Rule 1.04 Divisions and Place to File
(a) D
IVISIONS. The Middle District comprises these divisions and
these counties:
Fort Myers Division
Charlotte County
Collier County
DeSoto County
Glades County
Hendry County
Lee County
Jacksonville Division
B
aker County
Bradford County
Clay County
Columbia County
Duval County
Flagler County
Hamilton County
Nassau County
Putnam County
St. Johns County
Suwannee County
Union County
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
4
Ocala Division
Citrus County
Lake County
Marion County
Sumter County
Orlando Division
Brevard County
Orange County
Osceola County
Seminole County
Volusia County
Tampa Division
Hardee County
Hernando County
Hillsborough County
Manatee County
Pasco County
Pinellas County
Polk County
Sarasota County
(b) DIVISION FOR A CIVIL ACTION. A party must begin an action in
th
e division to which the action is most directly connected or in which
the action is most conveniently advanced. The judge must transfer the
action to the division most consistent with the purpose of this rule.
(c) D
IVISION FOR A CRIMINAL ACTION. Unless otherwise provided
b
y law, the United States must begin a criminal action in a division in
which at least one defendant committed a charged offense. The judge
must transfer the action to the division to which the action is most
directly connected or in which the action is most conveniently
advanced.
Rule 1.05 Docketing and Assignment
(a) C
LERK’S DOCKETING AND ASSIGNMENT. On receipt of an
initial paper, the clerk must classify the paper as civil, criminal, or
miscellaneous; assign the paper a distinct number; and randomly assign
the paper to a district judge, a magistrate judge, or both. The clerk
cannot change the initial assignment without an order from the judge or
the chief judge. The clerk must report promptly to the chief judge an
apparent attempt to evade the random assignment of an initial paper.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
5
(b) VEXATIOUS LITIGANT. A judge can assign review of an initial
paper from a vexatious litigant to the judge already designated to review
the vexatious litigant’s filings.
(c) A
CCEPTANCE OF A PAPER FROM A PERSON IN CUSTODY. The
clerk must accept an initial paper from a person in custody even if no
filing fee or motion for leave to proceed in forma pauperis accompanies
the paper.
Rule 1.06 Removal of an Action from State Court
(a) D
IVISION ASSIGNMENT. The clerk must docket a removed
action in the division that includes the county from which the party
removed the action.
(b) S
TATE COURT DOCKET. The removing party must file with the
notice of removal a legible copy of each paper docketed in the state
court.
(c) P
ENDING MOTION. A motion pending in state court and not re-
filed within twenty-one days after removal and in compliance with
these rules is denied without prejudice.
Rule 1.07 Successive and Other Related Actions
(a) T
RANSFER
(1) Successive Action. If an action is docketed, assigned, and
terminated; later re-filed without a material change in the issues
or the parties; and assigned to a judge other than the judge
originally assigned, the originally assigned judge should accept
the transfer. If the originally assigned judge declines the
transfer, the chief judge can transfer the action to the originally
assigned judge upon a request from the newly assigned judge
and after consultation with the originally assigned judge.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
6
(2) Other Actions.
(A) By the Judge. If the transferee judge consents, the
judge to whom the clerk assigns an action can transfer the
action at any time and for any reason.
(B) By a Party. If actions before different judges present
the probability of inefficiency or inconsistency, a party may
move to transfer a later-filed action to the judge assigned to
the first-filed action. The moving party must file the motion
in the later-filed action and a notice and a copy of the
motion in the first-filed action. The proposed transferor
judge must resolve the motion to transfer but can transfer
the action only with the consent of the transferee judge. The
transferee judge can order the clerk to assign to the later-
filed action the magistrate judge in the first-filed action.
(C) By the Chief Judge. If the judge in a first-filed action
declines a transfer, the chief judge can transfer a later-filed
action to the judge in the first-filed action upon a request
from the judge in the later-filed action and after consultation
with the judge in the first-filed action. The transferee judge
can order the clerk to assign to the later-filed action the
magistrate judge in the first-filed action.
(b) CONSOLIDATION. If actions assigned to a judge present the
probability of inefficiency or inconsistency, a party may move to
consolidate the actions. The party must file the motion in one action
and a notice and a copy of the motion in the other action. The judge
can order the clerk to assign to the consolidated actions the magistrate
judge assigned to the first-filed action.
(c) D
UTY OF THE LEAD COUNSEL. The lead counsel has a
continuing duty to notify the judge of a related action pending in the
Middle District or elsewhere. The lead counsel promptly must file a
“Notice of a Related Action” that identifies and describes the related
action.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
7
Rule 1.08 Form of a Pleading, Motion, or Other Paper
(a) T
YPOGRAPHY REQUIREMENTS. Except as provided in (b), each
pleading, motion, or other paper, excluding an exhibit, an attachment, a
transcript, an image, or other addendum, must conform to these
requirements:
Paper Size
8½ x 11 inches
Margins
1 inch
Page Numbering
Bottom center but no numbering
necessary on page one
Main Text
At least 13-point, 2.0 double-spaced
Indented Quotation
At least 12-point, single-spaced
Footnote
At least 11-point, single-spaced
Typeface
Book Antiqua
Calisto MT
Century Schoolbook
Georgia
Palatino
Character Spacing
Scale: 100%
Spacing: Normal
Position: Normal
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
8
(b) ANOTHER PERMISSIBLE TYPEFACE. Times New Roman is
permitted if the main text is at least 14-point, an indented quotation is at
least 13-point, a footnote is at least 12-point, and the paper otherwise
complies with (a).
(c) R
EQUIREMENTS FOR OTHER SUBMISSIONS. The judge can
permit a party to file a tangible rather than an electronic paper or a
handwritten rather than a typewritten paper. The party must use
opaque, unglazed, white, unbound paper with print on only one side.
Rule 1.09 Title of a Pleading, Motion, or Other Paper
The title of these papers must include these words:
An unopposed motion “Unopposed”
An emergency or time-
sensitive motion
“Emergency” or “Time-
Sensitive”
A motion requesting a
temporary restraining order
“Motion for Temporary
Restraining Order”
A motion requesting a
preliminary injunction
“Motion for Preliminary
Injunction”
A paper requesting
preliminary or permanent
injunctive relief
“[Preliminary or
Permanent] Injunctive
Relief Requested”
A paper requesting declaratory
relief
“Declaratory Relief
Requested”
A paper demanding a jury trial “Demand for a Jury Trial”
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
9
A pleading with a claim
requiring three judges
“Three Judges Required”
A paper challenging the
constitutionality of a federal or
state statute
“Challenge to the
Constitutionality of [the
statute]”
A motion to seal under a
statute or rule
“Motion to Seal Under
[the statute or rule]
A pleading alleging a class
action
“Class Action” and a
section titled “Class Action
Allegations”
A pleading alleging a
collective action
“Collective Action” and a
section titled “Collective
Action Allegations”
A pleading alleging a
derivative action
“Derivative Action”
Rule 1.10 Filing Proof of Service of Process; Deadline for Default
(a) P
ROOF OF SERVICE. Within twenty-one days after service of a
summons and complaint, a party must file proof of service.
(b) A
PPLICATION FOR A DEFAULT. Within twenty-eight days after
a party’s failure to plead or otherwise defend, a party entitled to a
default must apply for the default.
(c) A
PPLICATION FOR A DEFAULT JUDGMENT. Within thirty-five
days after entry of a default, the party entitled to a default judgment
must apply for the default judgment or must file a paper identifying
each unresolved issue — such as the liability of another defendant —
necessary to entry of the default judgment.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
10
(d) FAILURE TO ACT TIMELY. Failure to comply with a deadline in
this rule can result in dismissal of the claim or action without notice and
without prejudice.
Rule 1.11 Filing Under Seal in a Civil Action
(a) P
UBLIC RIGHT OF ACCESS. Because constitutional law and
common law afford the public a qualified right of access to an item filed
in connection with the adjudication of a claim or defense, sealing is
unavailable absent a compelling justification. Sealing is not authorized
by a confidentiality agreement, a protective order, a designation of
confidentiality, or a stipulation.
(b) F
ILING UNDER SEAL IF AUTHORIZED BY A STATUTE, RULE, OR
ORDER. If filing under seal is authorized by a statute, rule, or order, a
motion for leave to file under seal:
(1) must include in the title “Motion to Seal Under [Statute,
Rule, or Order]”;
(2) must cite the statute, rule, or order authorizing the seal;
(3) must describe the item submitted for sealing;
(4) must establish that the item submitted for sealing is within
the statute, rule, or order;
(5) must propose a duration of the seal;
(6) must state the name, mailing address, email address, and
telephone number of the person authorized to retrieve a sealed,
tangible item; but
(7) must not include the item proposed for sealing.
An order sealing an item under this section must state the reason the
seal is required and must identify the statute, rule, or order authorizing
the seal.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
11
(c) FILING UNDER SEAL IF NOT AUTHORIZED BY A STATUTE,
RULE, OR ORDER. If no statute, rule, or order authorizes a filing under
seal, a motion for leave to file under seal:
(1) must include in the title “Motion for Leave to File Under
Seal”;
(2) must describe the item proposed for sealing;
(3) must state the reason:
(A) filing the item is necessary,
(B) sealing the item is necessary, and
(C) partial sealing, redaction, or means other than sealing
are unavailable or unsatisfactory;
(4) must propose a duration of the seal;
(5) must state the name, mailing address, email address, and
telephone number of the person authorized to retrieve a sealed,
tangible item;
(6) must include a legal memorandum supporting the seal; but
(7) must not include the item proposed for sealing.
An order permitting leave under this section must state the reason that a
seal is required.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
12
(d) FILING ANOTHER PERSON’S CONFIDENTIAL ITEM. To file an
item that plausibly qualifies for sealing and that the filing person knows
or reasonably should know another person considers confidential, the
filing person must file instead of the item a placeholder only identifying
the item and must notify the other person within seven days after filing
the placeholder. Within fourteen days after receiving the notice, the
other person or a party may move to seal the item. Absent a timely
motion, the filing person must file the item within seven days after
expiration of the fourteen days. If the item is part of a paper to which a
response is permitted, the time within which to respond is extended
until seven days after filing.
(e) S
ETTLEMENT AGREEMENT. Sealing of a settlement agreement
is unavailable absent an extraordinary justification, such as preservation
of national security, protection of a non-party, protection of a trade
secret or other proprietary information, or protection of a minor or
another especially vulnerable person.
(f) E
XPIRATION. No seal under this rule extends beyond ninety
days after a case is closed and all appeals exhausted.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
13
Chapter Two — Lawyers
Rule 2.01 Practice in the Middle District
(a) R
EQUIREMENT. Membership or special admission in the
Middle District bar is necessary to practice in the Middle District. But
neither membership nor special admission is required for a lawyer
employed by the United States or a public entity established by federal
law to practice within the course and scope of the lawyer’s employment.
(b) M
EMBERSHIP.
(1) Requirements. Membership in the Middle District bar
requires:
(A) membership in good standing in The Florida Bar;
(B) an application for admission that lists the applicant’s
state of residence, business address, undergraduate and legal
education, and jurisdictions in which the applicant is
admitted to practice;
(C) an acknowledgment that the applicant is familiar with
28 U.S.C. § 1927;
(D) an acknowledgment that the applicant will comply
with the federal rules and these local rules;
(E) an affirmation of the oath;
(F) payment of the fee; and
(G) registration with the Middle District’s CM/ECF
system.
(2) Maintaining Membership.
To maintain membership in the
Middle District bar, a member:
(A) must pay a periodic fee set by an administrative order;
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
14
(B) must maintain with the clerk a current telephone
number, mailing address, and email address; and
(C) must comply with, and remain familiar with, the
ethical requirements of The Florida Bar.
(c) S
PECIAL ADMISSION OF A NON-RESIDENT LAWYER. A lawyer
can move for special admission in an action in the Middle District if the
lawyer:
(1) is not a Florida resident and is not a member in good
standing of The Florida Bar,
(2) is a member in good standing of the bar of a United States
district court,
(3) has not abused the privilege of special admission by
maintaining a regular practice of law in Florida,
(4) lists each case in state or federal court in Florida in which
the lawyer has initially appeared in the last thirty-six months,
and
(5) satisfies the requirements for obtaining and maintaining
general admission, except the requirements of membership in
The Florida Bar, submission of an application, and payment of
a periodic fee.
(d) T
EMPORARY ADMISSION OF AN ELIGIBLE LAWYER. In an
extraordinary circumstance, such as an emergency hearing, a lawyer
who is not a member of the Middle District bar or specially admitted
can move for temporary admission lasting no longer than thirty days if
the lawyer appears eligible for membership or special admission and
applies for membership or moves for special admission within seven
days after moving for temporary admission.
(e) C
ONDUCT. A lawyer appearing in the Middle District must
remain familiar with, and is bound by, the rules governing the
professional conduct of a member of The Florida Bar.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
15
Rule 2.02 Appearance and Withdrawal of a Lawyer
(a) L
EAD COUNSEL. The first paper filed on behalf of a party must
designate only one “lead counsel” who — unless the party changes the
designation — remains lead counsel throughout the action.
(b) A
PPEARANCE.
(1) A lawyer’s pleading, motion, or other paper serves as that
lawyer’s appearance in an action.
(2) A party, other than a natural person, can appear through
the lawyer only.
(3) If a lawyer represents a person in an action, the person can
appear through the lawyer only.
(c) W
ITHDRAWAL. If a lawyer appears, the lawyer cannot without
leave of court abandon, or withdraw from, the action.
(1) To withdraw, a lawyer:
(A) must notify each affected client fourteen days before
moving to withdraw unless the client consents to
withdrawal, and
(B) must file a motion to withdraw that includes:
(i) a certification that the lawyer has provided
fourteen days’ notice to the client or that the client
consents to withdrawal and
(ii) if withdrawal will result in a person proceeding pro
se, the person’s mailing address, email address, and
telephone number.
(2) The withdrawing lawyer — not the lawyer’s present or
former firm or another lawyer — must move to withdraw unless
unable because of an emergency, disability, or death.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
16
(3) If withdrawal might cause the continuance of a trial, a
lawyer cannot withdraw absent a compelling ethical problem,
emergency, disability, or death.
(4) A party that discharges a lawyer must obtain substitute
counsel in time to comply with the deadlines. A person no
longer represented by counsel must comply with the rules and
comply with the deadlines.
(d) L
AW FIRMS. A lawyer changing law firms but remaining as the
lawyer in an action need not file a motion but must change the lawyer’s
contact information.
Rule 2.03 Appearance by a Law Student
A law student may participate in a trial or hearing in a civil or
misdemeanor action with the judge’s consent if the student:
(a) is enrolled in an accredited law school, has completed at least
forty-eight semester hours of legal study or the equivalent, and agrees
that neither the supervising lawyer nor the student will ask for or receive
compensation from the client for the student’s services;
(b) is accompanied by a supervising lawyer who assumes
professional responsibility for the student’s action and the quality of the
student’s work; and
(c) is acting on behalf of an indigent person, a government, or a
governmental agency.
Rule 2.04 Discipline
(a) D
ISCIPLINE BY THE COURT. In addition to a judge’s sanction or
use of another grievance mechanism, the court can — after a hearing
and for good cause — disbar, suspend, reprimand, or otherwise
discipline a member of the Middle District bar or a lawyer appearing by
special admission.
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(b) REQUIREMENT TO REPORT AND AUTOMATIC SUSPENSION.
(1) Requirement to Report. A lawyer must inform the clerk within
fourteen days after the lawyer is convicted of a felony or loses
good standing with, is publicly disciplined by, is disbarred on
consent from, or has resigned from, any bar.
(2) Automatic Suspension. Twenty-one days after an event listed
in (b)(1), a lawyer is automatically suspended. But automatic
suspension under this rule is stayed if, before the automatic
suspension, the lawyer petitions the chief judge for relief. If the
lawyer is a member of the Middle District bar, the chief judge or
one or more judges designated by the chief judge determines the
petition. If the lawyer appeared by special admission, the chief
judge or the judge assigned to the action determines the
petition. If an automatic suspension results from a bar’s
suspending the lawyer for ninety days or less, the lawyer’s
reinstatement is automatic upon reinstatement by the bar.
(c) G
RIEVANCE COMMITTEES.
(1) Requirement. Each division must maintain a committee to
investigate alleged lawyer misconduct and report to the chief
judge a recommended resolution of the allegation.
(2) Appointment and Composition. With the advice and consent of
the district judges residing in the division or assigned a material
caseload in the division, the chief judge must appoint the
committee and designate the chair. The committee must consist
of at least five lawyers, each appointed for no more than three
years.
(3) Chair. The chair must ensure that an investigation and
deliberation of the committee remains orderly, reliable, and
reasonably speedy and offers fairness and due process to the
accused lawyer and any alleged victim.
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(4) Procedure.
(A) A judge or a committee member can initiate an
investigation of alleged lawyer misconduct. A referring
committee member must not participate further in
investigating or recommending the resolution of an
allegation of misconduct.
(B) The chair must appoint at least one committee
member to preliminarily investigate the alleged misconduct,
although the committee can elect to conduct the preliminary
investigation. The investigating member or members must
prepare a preliminary report for the committee.
(C) Upon receiving the preliminary report, the committee
must determine whether:
(i) to terminate the investigation because the
allegation is unsupported or insubstantial or
(ii) to investigate further or refer the allegation to The
Florida Bar or both.
(D) If the committee determines to terminate the
investigation, the chair must report the determination to the
referring judge or committee member.
(E) If the referring judge directs the committee to
investigate further, the committee must investigate promptly
and report to the judge whether probable cause exists to
believe that the lawyer is guilty of unprofessional or
unethical conduct justifying disciplinary action.
(F) If the committee finds probable cause for disciplinary
action, the chief judge or one or more judges designated by
the chief judge:
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(i) must order the lawyer to respond,
(ii) must determine whether clear and convincing
evidence establishes lawyer misconduct, and
(iii) if so, must impose a proportionate sanction.
(G) The chief judge must notify each district and
magistrate judge and the clerk of the sanction imposed.
(5) Notice. Unless the committee finds probable cause, a lawyer
has no right to notice of the investigation.
(6) Cooperation. A lawyer must respond to, and fully cooperate
with, the committee during an investigation.
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Chapter Three — Motions, Discovery, and Pretrial
Procedure
Rule 3.01 Motions and Other Legal Memorandums
(a) L
ENGTH AND CONTENT OF A MOTION. A motion must include
— in a single document no longer than twenty-five pages inclusive of all
parts — a concise statement of the precise relief requested, a statement
of the basis for the request, and a legal memorandum supporting the
request. If the interested parties agree to the relief sought in a motion,
the title must include “unopposed.” A motion for leave to file a motion
of more than twenty-five pages must not exceed three pages inclusive of
all parts; must specify the need for, and the length of, the proposed
motion; and must not include the proposed motion.
(b) L
ENGTH AND CONTENT OF A RESPONSE. A party responding to
a motion may file a legal memorandum no longer than twenty pages
inclusive of all parts. A motion for leave to file a response of more than
twenty pages must not exceed three pages inclusive of all parts; must
specify the need for, and the length of, the proposed response; and must
not include the proposed response.
(c) T
IME TO RESPOND. A party may respond to a motion within
fourteen days after service of the motion. However, a party may
respond to a motion to dismiss, for judgment on the pleadings, for
summary judgment, to exclude or limit expert testimony, to certify a
class, for a new trial, or to alter or amend the judgment within twenty-
one days after service of the motion. If a party fails to timely respond,
the motion is subject to treatment as unopposed.
(d) N
O REPLY AS A MATTER OF RIGHT. Without leave, no party
may file a reply directed to a response except a response to a motion for
summary judgment. A motion requesting leave to reply must not
exceed three pages inclusive of all parts; must specify the need for, and
the length of, the proposed reply; and must not include the proposed
reply. A party may reply to a response to a motion for summary
judgment within fourteen days after service of the response. The reply
must not exceed seven pages inclusive of all parts.
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(e) EMERGENCY OR TIME-SENSITIVE MOTION. If a party moves for
emergency or time-sensitive relief, the title of the motion must include
“emergency” or “time-sensitive,” and the motion must include an
introductory paragraph that explains the nature of the exigency and
states the day by which a ruling is requested. The unwarranted
designation of a motion as an emergency can result in a sanction.
(f) N
O PROPOSED ORDER. Unless otherwise permitted by these
rules,
no party may submit a proposed judgment or other order without
leave.
(g) D
UTY TO CONFER IN GOOD FAITH.
(1) Duty. Before filing a motion in a civil action, except a
motion for injunctive relief, for judgment on the pleadings, for
summary judgment, or to certify a class, the movant must
confer with the opposing party in a good faith effort to resolve
the motion.
(2) Certification. At the end of the motion and under the heading
“Local Rule 3.01(g) Certification,” the movant:
(A) must certify that the movant has conferred with the
opposing party,
(B) must state whether the parties agree on the resolution
of all or part of the motion, and
(C) if the motion is opposed, must explain the means by
which the conference occurred.
(3) Unavailability. If the opposing party is unavailable before the
motion’s filing, the movant after filing must try diligently for
three days to contact the opposing party. Promptly after either
contact or expiration of the three days, the movant must
supplement the motion with a statement certifying whether the
parties have resolved all or part of the motion. Failure to timely
supplement can result in denial of the motion without prejudice.
The purposeful evasion of a communication under this rule can
result in a sanction.
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(h) ORAL ARGUMENT OR EVIDENTIARY HEARING. A party must
request oral argument or an evidentiary hearing in a separate document
accompanying the party’s motion or response and stating the time
necessary.
(i) S
UPPLEMENTAL AUTHORITY. After filing a legal memorandum
but before a decision, a party identifying a supplemental authority that
is not merely cumulative may file — without argument or comment —
a notice of supplemental authority that contains only:
(1) a citation of the authority;
(2) a specification by page, paragraph, and line of the issue or
argument in the earlier paper that the authority supplements;
and
(3) a succinct quotation from the authority.
The notice must not include a copy of the authority unless the authority
is not readily available and must not exceed two pages inclusive of all
parts.
(j) N
O UNAUTHORIZED CORRESPONDENCE. A party must not use
a letter, email, or the like to request relief or to respond to a request for
relief.
Rule 3.02 Civil Case Management
(a) R
EQUIREMENTS. In every proceeding except a proceeding
described in (d), the parties:
(1) must conduct the planning conference required by the
Federal Rules of Civil Procedure in person, by telephone, or by
comparable means and
(2) must file a case management report using the standard form
on the court’s website.
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(b) TIMING. The parties must file the case management report:
(1) within forty days after any defendant appears in an action
originating in this court,
(2) within forty days after the docketing of an action removed
or transferred to this court, or
(3) within seventy days after service on the United States
attorney in an action against the United States, a United States
agency, a United States officer or employee sued only in an
official capacity, or a United States officer or employee sued in
an individual capacity in connection with a duty performed on
behalf of the United States.
(c) S
CHEDULING ORDER. After consideration of the case
management report, the judge must enter an order setting deadlines and
scheduling the case for trial.
(d) E
XCEPTIONS. These proceedings are excepted from the
requirements in (a):
(1) an action in which the judge enters a special scheduling
order at the outset;
(2) an action for review on an administrative record unless the
action is under the Employee Retirement Income Security Act
of 1974;
(3) a forfeiture action in rem arising under a federal statute;
(4) an application for habeas corpus or another proceeding to
challenge a criminal conviction or sentence;
(5) a pro se action by a person in the custody of the United
States, a state, or a state subdivision;
(6) an action to enforce or quash an administrative summons or
subpoena;
(7) an action by the United States to recover benefit payments;
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(8) an action by the United States to collect on a student loan
guaranteed by the United States;
(9) a proceeding ancillary to a proceeding in another court;
(10) an action to confirm or enforce an arbitration award; and
(11) an appeal of an order or judgment by a bankruptcy judge.
Rule 3.03 Disclosure Statement
(a) D
ISCLOSURE STATEMENT. With the first appearance, each
party must file a disclosure statement identifying:
(1) each person — including each lawyer, association, firm,
partnership, corporation, limited liability company, subsidiary,
conglomerate, affiliate, member, and other identifiable and
related legal entity — that has or might have an interest in the
outcome;
(2) each entity with publicly traded shares or debt potentially
affected by the outcome;
(3) each additional entity likely to actively participate,
including in a bankruptcy proceeding the debtor and each
member of the creditors’ committee; and
(4) each person arguably eligible for restitution.
(b) C
ERTIFICATION. The disclosure statement must include this
certification: “I certify that, except as disclosed, I am unaware of an
actual or potential conflict of interest affecting the district judge or the
magistrate judge in this action, and I will immediately notify the judge
in writing within fourteen days after I know of a conflict.”
Rule 3.04 Notice of a Deposition or a Subpoena Duces Tecum
A deposition by oral examination or written questions and a
subpoena duces tecum require fourteen days’ written notice.
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Rule 3.05 Stipulations
For the judge to consider a stipulation, the party against whom the
stipulation is asserted:
(a) must concede the existence of the stipulation,
(b) must have confirmed the stipulation in writing, or
(c) must have stipulated on the record, including during a
deposition.
Rule 3.06 Final Pretrial Meeting and Statement
(a) F
INAL PRETRIAL MEETING. At least fourteen days before either
the final pretrial conference described in the Federal Rules of Civil
Procedure or another deadline set by the judge, the parties must meet
and in good faith:
(1) discuss settlement,
(2) discuss the efficient presentation of the evidence and the
duration of the trial,
(3) stipulate to as many facts and resolve as many legal issues
as possible,
(4) examine each exhibit, and
(5) exchange the name, address, and telephone number of each
witness.
(b) F
INAL PRETRIAL STATEMENT. At least seven days before either
the final pretrial conference described in the Federal Rules of Civil
Procedure or another deadline set by the judge, the parties must file a
final pretrial statement that will govern the trial. The statement must
contain:
(1) the basis for the court’s jurisdiction,
(2) a concise statement of the action,
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(3) a concise statement of each party’s position,
(4) a list of each exhibit with a notation of each objection,
(5) a list of each witness by name only with a notation of:
(A) the likelihood the witness will testify and
(B) each objection to the witness’s testifying,
(6) a list of each expert witness, with a notation of:
(A) the substance of the testimony and
(B) each objection to the witness’s testifying,
(7) a breakdown of the type and amount of monetary damages,
(8) a list of each deposition offered in lieu of live testimony,
unless the deposition is only for impeachment,
(9) a concise statement of each admitted fact,
(10) a concise statement of each agreed principle of law,
(11) a concise statement of each issue of fact without
incorporating another paper,
(12) a concise statement of each issue of law without
incorporating another paper,
(13) a list of each pending motion or other unresolved issue,
(14) a statement of the usefulness of further settlement
discussions, and
(15) the signatures of trial counsel and any pro se party
following this certification: “In preparing this final pretrial
statement, I have aimed for the just, speedy, and inexpensive
resolution of this action.”
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Rule 3.07 Exhibits
(a) L
ABELING. Before a trial or an evidentiary hearing, each party
must obtain exhibit labels from the clerk or the court’s website and label
each exhibit.
(b) L
ISTING. Before a trial or an evidentiary hearing, each party
must deliver an exhibit list to each opposing party and deliver three
copies of the exhibit list to the judge. The list must sequentially list and
briefly describe each exhibit.
(c) P
ROVIDING IN ELECTRONIC FORM. At the end of a trial or an
evidentiary hearing, each party must deliver to the clerk an electronic
version of (1) each documentary, audio, or video exhibit and (2) a
photograph or reproduction of each non-documentary tangible exhibit.
(d) M
AINTAINING. During and after a trial or an evidentiary
hearing, the clerk must maintain custody of each exhibit unless:
(1) a law enforcement agency or party retains custody of the
exhibit because the exhibit is sensitive, dangerous, or of high
value or
(2) the clerk temporarily releases the exhibit to a judge, a
judge’s staff, or a court reporter.
(e) D
OCKETING. The clerk must enter into the electronic record:
(1) each documentary, audio, and video exhibit admitted into
evidence during a trial or evidentiary hearing and
(2) a photograph or reproduction of each non-documentary
tangible exhibit admitted into evidence during a trial or
evidentiary hearing.
(f) E
XCEPTION. Neither (c) nor (e) applies to pornography.
(g) R
ETRIEVING. Within ninety days after a case is closed and all
appeals exhausted, the party who tendered a tangible exhibit must
retrieve the exhibit from the clerk. The clerk may destroy a tangible
exhibit not timely retrieved.
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Rule 3.08 Continuance
(a) C
ONTENT OF A MOTION. A party must timely move for a
continuance and explain in detail the reason a continuance is warranted
and the effort to resolve any scheduling conflict.
(b) C
LIENT CONSENT FOR A TRIAL CONTINUANCE. If requesting a
trial continuance, trial counsel must certify the client consents to the
continuance.
(c) “N
OTICE OF UNAVAILABILITY” PROHIBITED. A lawyer or pro
se party must not file a “notice of unavailability” or a similar paper.
Rule 3.09 Notice of Resolution; Dismissal
(a) N
OTICE. The parties must immediately file a notice after
agreeing to resolve all or part of a civil action, even if the resolution is
contingent or unwritten.
(b) D
ISMISSAL. When notified of an agreement to settle a civil
action, a judge may dismiss the case subject to the right of a party to
move within a stated time to re-open the case for entry of a stipulated
final order or a judgment or for further proceedings.
Rule 3.10 Failure to Prosecute; Dismissal
A plaintiff’s failure to prosecute diligently can result in dismissal if
the plaintiff in response to an order to show cause fails to demonstrate
due diligence and just cause for delay.
Rule 3.11 Disclosure in a Criminal Action
(a) G
ENERAL RULE. Before judgment in, or dismissal of, a criminal
action, a lawyer or law enforcement agent directly or through a
surrogate must not extrajudicially and publicly disclose information
about the action if the disclosure will interfere with a fair trial or
otherwise prejudice the administration of justice.
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(b) EXAMPLES.
(1) A lawyer or law enforcement agent directly or through a
surrogate must not extrajudicially and publicly disclose:
(A) the defendant’s criminal record or information about
the defendant’s character or reputation except, if the
defendant remains at large, information necessary to aid in
apprehension or to warn the public;
(B) the existence, absence, or content of a confession,
admission, or statement by the defendant;
(C) the defendant’s performance on, or failure to submit
to, a mental, physical, or other assessment;
(D) a witness’s identity, testimony, or credibility unless the
witness is a victim and the disclosure is lawful and ethical;
(E) the possibility of a guilty plea; or
(F) an opinion about the guilt of the defendant or the
merit of the action.
(2) A lawyer or law enforcement agent directly or through a
surrogate may request assistance and may extrajudicially and
publicly disclose:
(A) the defendant’s name, age, residence, occupation, and
family status;
(B) the fact and circumstances of the arrest and a
description of evidence seized;
(C) the substance of the charge;
(D) a public record;
(E) the status of the action; and
(F) the defendant’s denial of the charge.
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Rule 3.12 Discovery of Information from Probation and Pretrial
Services
A subpoena or other means of compelling discovery of information
in the custody, under the control, or within the knowledge of the
probation office, pretrial services, a probation officer, or a pretrial
services officer is invalid and requires no response except a prompt
notice to the judge.
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Chapter Four — Alternative Dispute Resolution
Rule 4.01 Mediation
Mediation is a settlement conference conducted by a qualified and
neutral lawyer without testimony or a determination by the mediator of
a question of fact or law.
Rule 4.02 Mediator
(a) C
ERTIFICATION. The chief judge may certify, and withdraw the
certification of, a lawyer’s qualification as a mediator.
(b) Q
UALIFICATIONS. To qualify for certification as a mediator, a
lawyer must establish:
(1) membership for at least the last ten years in the bar of any
state or the District of Columbia,
(2) membership in good standing in The Florida Bar and the
Middle District bar, and
(3) completion of the Florida Supreme Court’s certified-
mediator training and certification by the Florida Supreme
Court of good standing as a circuit court mediator.
(c) D
ISQUALIFICATION. A party can disqualify a mediator under
the same standard that governs disqualifying a federal judge.
(d) C
OMPENSATION. Unless the parties and the mediator agree
otherwise, the parties must pay the mediator a reasonable fee, and must
bear equally the cost of mediation. No mediator can charge a fee to, or
accept anything of value from, a source other than the parties.
(e) P
RO BONO REQUIREMENT. If asked by a judge, a mediator
must conduct at least one mediation a year in which the judge
determines that a party lacks the ability to pay the mediator.
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Rule 4.03 Mediation Order
To refer an action or claim to mediation, the judge must enter an
order that:
(a) designates the mediator or directs the parties to select a
mediator and to notify the judge of the selection;
(b) establishes a mediation deadline;
(c) requires a lawyer to confirm a mediation date agreeable to the
mediator and the parties and to notify the judge of the date;
(d) requires the attendance of lead counsel, the parties or a party’s
surrogate satisfactory to the mediator, and any necessary insurance
carrier representative;
(e) notifies the parties that unexcused absence or departure from
mediation is sanctionable;
(f) requires the mediator to report within seven days after
mediation the result of the mediation and whether all required persons
attended; and
(g) directs that the substance of the mediation is confidential and
that no party, lawyer, or other participant is bound by, may record, or
without the judge’s approval may disclose any event, including any
statement confirming or denying a fact — except settlement — that
occurs during the mediation.
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Chapter Five — Court Proceedings
Rule 5.01 Broadcasting, Recording, and Photographing
No one may broadcast, televise, record, or photograph a judicial
proceeding, including a proceeding by telephone or video.
Rule 5.02 Jury Selection and Prohibition of Communication with a
Juror
(a) S
COPE. In this rule, “party” includes the party’s lawyer and
anyone else acting in concert with, on behalf of, or at the behest of, the
party.
(b) L
IST OF PROSPECTIVE JURORS. The clerk must deliver a list of
prospective jurors to each party immediately before jury selection. Each
party must return the list to the clerk after the judge empanels the jury.
No party may copy the list.
(c) R
ESEARCH OF A PROSPECTIVE JUROR. During jury selection, no
party may use an electronic device to gather or transmit information
about a prospective juror.
(d) C
OMMUNICATION WITH A JUROR.
(1) No party may communicate with a juror or respond to a
juror’s unsolicited communication during or after trial.
(2) A party and a juror must report promptly to the judge a
request for communication between a party and a juror.
(3) To communicate with a juror, a party:
(A) must move for permission within fourteen days after
the verdict unless the party shows good cause for delay,
(B) must identify in the motion the juror and the need for
the communication, and
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(C) must abide by any condition the judge imposes,
including on the place, manner, and scope of, and the
participants in, the communication.
Rule 5.03 Courtroom Decorum
(a) P
URPOSE. This rule prescribes minimum requirements of
courtroom decorum and supplements the Code of Professional
Responsibility and the Rules Regulating The Florida Bar.
(b) M
INIMUM REQUIREMENTS FOR LAWYERS, PARTIES, AND
OTHER OBSERVERS. When in court, a person:
(1) must stand, if able, when court is opened, recessed, and
adjourned;
(2) must stand, if able, when the jury enters and leaves the
courtroom;
(3) must refrain from any gesture, expression, comment, or
noise that manifests approval or disapproval;
(4) must not wear clothing intended or likely to influence or
distract a juror;
(5) must keep an electronic device on silent mode;
(6) if at counsel table, must use an electronic device only for the
matter under consideration; and
(7) must not eat or drink anything except water.
(c) A
DDITIONAL REQUIREMENTS FOR LAWYERS AND PRO SE
PARTIES. When in court, a lawyer and a pro se party:
(1) must stand, if able, when addressing, or being addressed by,
the judge;
(2) must hand the courtroom deputy a document offered for the
judge’s examination;
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(3) must stand, if able, behind the lectern when presenting the
opening statement or the closing argument or when examining
a witness unless approaching the witness or the courtroom
deputy with an exhibit or approaching a demonstrative exhibit;
(4) must not echo a witness’s answer when examining the
witness;
(5) must state only the legal basis for an objection unless the
judge requests elaboration;
(6) must not offer or request a stipulation within the hearing of
the jury;
(7) must address only the judge when commenting, inquiring,
or arguing;
(8) must refrain from any display of animosity toward anyone
in the courtroom, including a lawyer, litigant, or witness;
(9) must refer to a person by the person’s title and surname (for
example, Ms. Smith or Dr. Robinson) or case designation (for
example, “the plaintiff,” “the defendant,” or “the witness”);
(10) must call the judge “Judge [Last Name]” or “Your
Honor”; and
(11) in an opening statement and a closing argument:
(A) must not express personal knowledge or opinion and
(B) must not suggest that the jury can or should request a
transcript.
(d) A
DDITIONAL REQUIREMENTS FOR LAWYERS ONLY. When in
court, a lawyer:
(1) must ensure a client and witness know and observe this rule
and
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(2) must limit examination or cross-examination of a witness to
one lawyer for each party and ensure the lawyer who objects
during direct examination of a witness is the same lawyer who
cross-examines the witness.
(e) P
ROCEEDING BY TELEPHONE OR VIDEO. If a judge conducts a
proceeding by telephone or video, a participant:
(1) must dress in professional attire and use a professional
background if either is visible,
(2) must use a landline if available,
(3) must designate one speaker for each party or interested
person,
(4) must not participate from a vehicle,
(5) must use the mute setting when not speaking,
(6) must try to avoid background noise or other interference,
(7) must wait for the judge to address the participant before
speaking and must not interrupt a speaker, and
(8) must start each distinct presentation by saying “this is
[name]” or the equivalent.
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Chapter Six — Special Proceedings
Rule 6.01 Temporary Restraining Order
(a) M
OTION. A motion for a temporary restraining order must
include:
(1) “Temporary Restraining Order” in the title,
(2) a precise and verified description of the conduct and the
persons subject to restraint,
(3) a precise and verified explanation of the amount and form
of the required security,
(4) a supporting legal memorandum, and
(5) a proposed order.
(b) L
EGAL MEMORANDUM. The legal memorandum must
establish:
(1) the likelihood that the movant ultimately will prevail on the
merits of the claim,
(2) the irreparable nature of the threatened injury and the
reason that notice is impractical,
(3) the harm that might result absent a restraining order, and
(4) the nature and extent of any public interest affected.
(c) S
ERVICE. Immediately after the order resolving the motion, the
movant, even if unsuccessful, must serve on the party the movant
sought to restrain:
(1) the summons;
(2) the complaint;
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(3) the temporary restraining order or the bond or both, if
issued;
(4) each motion, brief, affidavit, exhibit, proposed order, or
other paper submitted to support the motion for the temporary
restraining order;
(5) each additional paper the moving party will submit to
support converting the temporary restraining order into a
preliminary injunction; and
(6) a notice of any hearing.
Rule 6.02 Preliminary Injunction
(a) M
OTION. A motion for a preliminary injunction:
(1) must comply with the requirements of Local Rule 6.01(a)
and (b) but include “Preliminary Injunction” in the title and
(2) must include as an attachment each paper on which the
movant relies.
(b) N
OTICE. The movant must notify each affected party as soon as
practical unless the movant establishes by clear and convincing
evidence an extraordinary circumstance not requiring notice.
(c) R
ESPONSE. A party opposing the motion must respond to the
motion within seven days after notice of the motion or seven days
before the hearing, whichever is later. The response must include a legal
memorandum and each paper on which the party relies.
(d) A
MENDMENT. No party may amend a motion or response
without leave. A motion requesting leave must not include the proposed
amendment.
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Rule 6.03 In Forma Pauperis Action
(a) D
OCKETING, ASSIGNMENT, AND JUDICIAL REVIEW. The clerk
must docket, assign, and submit to a judge for preliminary review a
motion for leave to proceed in forma pauperis. The judge must
authorize the action before the clerk issues process and before a party
requests waiver of service of process. Before authorization, no party or
other person must respond to any paper, except a court order.
(b) D
EDUCTION FROM RECOVERY. If represented by an appointed
lawyer, an in forma pauperis party consents to an order deducting from
any recovery a reasonable attorney’s fee, costs, and reasonably
necessary expenses.
Rule 6.04 Action by a Person in Custody
(a) R
EQUIRED FORM. A pro se person in custody must use the
standard form — available without charge from the clerk and on the
court’s website — to file:
(1) an application under 28 U.S.C. § 2241,
(2) an application under 28 U.S.C. § 2254 or a motion under 28
U.S.C. § 2255, or
(3) a complaint, such as a 42 U.S.C. § 1983 complaint, that
alleges a violation of the United States Constitution or other
federal law by a governmental official.
(b) F
EE. In an in forma pauperis action by a person in custody, the
judge can order the person to pay the clerk’s and the marshal’s fee.
Failure to pay can result in dismissal of the action.
Rule 6.05 Habeas Action Challenging a Death Sentence
(a) S
COPE. This rule governs a habeas corpus action under 28
U.S.C. § 2254 challenging a death sentence.
(b) A
PPENDIX. Florida’s attorney general must electronically file an
appendix containing a complete copy of the state court record,
including:
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40
(1) the pretrial proceedings,
(2) the guilt phase,
(3) the penalty phase,
(4) the sentencing, and
(5) the direct state court appeal and collateral proceedings,
including the appeal of orders on post-trial motions.
(c) S
UPPLEMENTAL APPENDIX. Florida’s attorney general must file
a supplemental appendix that includes any part of the state court record
unavailable when the appendix was filed.
(d) M
ASTER INDEX. With the appendix and each supplemental
appendix, Florida’s attorney general:
(1) must electronically file a master index and
(2) must electronically bookmark the first page of each
document and in the bookmark:
(A) must identify the title of each exhibit,
(B) must identify the location of the first page of each
document in the CM/ECF record, and
(C) must cross-reference each bookmark to the
corresponding item on the index.
(e) P
APER COPY. Florida’s attorney general must bind by volume
and promptly deliver to the proper division a tabbed paper copy of the
index, the appendix, and each supplemental appendix. The tabs must
correspond to the index.
(f) A
CTIVE DEATH WARRANT. When a death warrant is active but
absent an action under 28 U.S.C. § 2254:
(1) the judge can appoint counsel and set a deadline for filing
the action,
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(2) Florida’s attorney general must comply with (e) within
seven days after the warrant issues, and
(3) if the conviction or sentence is challenged in state court after
the warrant issues, Florida’s attorney general must comply with
(e) within seven days after the conclusion of the proceedings in
each of the state circuit court, the Florida Supreme Court, and
the United States Supreme Court.
Rule 6.06 Marshal’s Deed and a Coast Guard Bill of Sale
The marshal must issue a marshal’s deed or a Coast Guard bill of
sale promptly after confirmation of the sale but not sooner than fourteen
days after the sale and not before resolution of each objection to the
sale.
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Chapter Seven — Miscellaneous Rules
Rule 7.01 Attorney’s Fees and Expenses
(a) B
IFURCATED PROCEDURE. A party claiming post-judgment
attorney’s fees and related non-taxable expenses must obtain an order
determining entitlement before providing a supplemental motion on
amount.
(b) M
OTION ON ENTITLEMENT. Within fourteen days after entry of
judgment, the party claiming fees and expenses must request a
determination of entitlement in a motion that:
(1) specifies the judgment and the statute, rule, or other ground
entitling the movant to the award,
(2) states the amount sought or provides a fair estimate of the
amount sought, and
(3) includes a memorandum of law.
(c) S
UPPLEMENTAL MOTION ON AMOUNT. Within forty-five days
after the order determining entitlement, the party claiming fees and
expenses must file a supplemental motion that:
(1) describes the meet-and-confer effort but preserves any
confidential settlement communication;
(2) specifies the resolved and unresolved issues;
(3) includes a memorandum of law on any disputed issue;
(4) includes for any disputed rate or hour:
(A) the timekeeper’s identity, experience, and
qualification;
(B) the timekeeper’s requested hours;
(C) each task by the timekeeper during those hours;
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(D) the timekeeper’s requested rate;
(E) lead counsel’s verification that counsel charges the rate
requested, has reviewed each task, and has removed each
charge for a task that is excessive, duplicative, clerical, or
otherwise unreasonable;
(F) evidence showing the reasonableness of the rates based
on the prevailing market rate in the division in which the
action is filed for similar services by a lawyer of comparable
skill, experience, and reputation; and
(5) includes for a disputed non-taxable expense:
(A) a receipt for, or other evidence of, the expense and
(B) lead counsel’s verification that counsel incurred the
expense.
(d) R
ESPONSE TO A SUPPLEMENTAL MOTION. A response to a
supplemental motion on amount must detail the basis for each
objection, including the identification by day and timekeeper of an
unreasonable claim.
Rule 7.02 Electronics in a Courthouse
(a) P
ROHIBITION. No person may pass a courthouse’s security
checkpoint with an electronic device, except:
(1) a member of The Florida Bar or a specially admitted
lawyer;
(2) a person with a judge’s order permitting passage with
electronics;
(3) an employee who works in the courthouse, a lawyer who
works for the United States, and a law enforcement officer on
official business;
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(4) an interpreter providing service under an active blanket
purchase agreement and presenting a copy of the executed
signature page of the agreement; and
(5) at a judge’s discretion, a petit or grand juror during service if
the juror:
(A) stores the device in a designated place except during a
break,
(B) uses the device only in a designated area or in the jury
assembly room, and
(C) uses the device only for a matter unrelated to the case.
(b) I
NSPECTION. A device is subject to inspection anywhere in the
courthouse.
(c) S
HARING OR DELIVERY. A person must not share a device with,
or deliver a device to, another person.
Rule 7.03 Court’s Registry
(a) D
EPOSIT. A motion for leave to deposit money in the court’s
registry:
(1) must state the amount of the deposit;
(2) must describe any dispute about ownership of, or
entitlement to, the money;
(3) must specify whether the money is tendered for deposit in
an interest-bearing account or a non-interest-bearing account
and, if the former, identify the proposed depository; and
(4) must include a proposed order.
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(b) DISBURSEMENT. A motion to disburse money from the court’s
registry:
(1) must identify each recipient of the disbursement,
(2) must propose a precise disbursement of both the principal
and the accumulated interest, and
(3) must include a proposed order accounting for each fee or
other charge against the deposit.
