Rules of Court
US District Court, Florida, Southern District
RULE INTRO | INTRODUCTORY STATEMENT
RULE 1.1 | SCOPE OF THE LOCAL RULES
When used in these Local Rules, the word “counsel” shall be construed to apply to a party if that party is proceeding pro se.
RULE 3.1 | DOCKETING AND TRIAL
Notwithstanding the foregoing, any civil or criminal proceeding or trial may, upon Order of Court and in the interest of justice, the status of the docket, or to assure compliance with requirements imposed under the Speedy Trial Act, be conducted at any jury division within the District.
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RULE 3.3 | CIVIL COVER SHEET
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RULE 3.8 | NOTICE OF TRANSFER OF REFILED AND SIMILAR ACTIONS AND PROCEDURES
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RULE 5.1 | FILING AND COPIES
(2) When filing a civil complaint for which issuance of initial process is requested, one (1) copy of the complaint must be submitted for each summons.
(3) Be on standard size 8-1/2”x 11” white, opaque paper.
(4) Be plainly typed or written on one (1) side with 1” margins on top, bottom, and each side. All typewritten documents, except for quoted material of fifty words or more and footnotes, both of which may be single-spaced, shall have not less than one and one-half (1 1/2) spaces between lines. Fonts for typewritten documents, including footnotes and quotations, must be no smaller than twelve (12) point. All typewritten documents must be paginated properly and consecutively at the bottom center of each page. Only one (1) side of the paper may be used.
(5) Include a caption with:
(B) The docket number, category (civil or criminal), and the last names of the assigned District Judge and Magistrate Judge, centered across the page;
(C) The style of the action, which fills no more than the left side of the page, leaving sufficient space on the right side for the Clerk of the Court to affix a filing stamp; and
(D) The title of the document, including the name and designation of the party (as plaintiff or defendant or the like) on whose behalf the document is submitted, centered across the page.
Exception:
(ii) papers filed in removed actions prior to removal from the state courts; and
(iii) forms provided by the Court.
(7) Not be transmitted to the Clerk of the Court or any Judge by facsimile.
(8) Be submitted with sufficient copies to be filed and docketed in each matter if styled in consolidated cases.
(c) Restriction on Courtesy Copies. Counsel shall not deliver extra courtesy copies to a Judge’s Chambers except when requested by a Judge’s office.
(d) Notices of Filing; Form and Content. The title of a notice of filing shall include (1) the name and designation of the party (as plaintiff or defendant or the like) on whose behalf the filing is submitted, and (2) a description of the document being filed. A notice of filing shall identify by title the pleading, motion or other paper to which the document filed pertains and the purpose of the filing, such as in support of or in opposition to a pending motion or the like.
(e) Consent to Service. Registration as an electronic filing user pursuant to Southern District of Florida CM/ECF Administrative Procedures §3B constitutes consent to receive service electronically pursuant to Fed. R. Civ. P. 5(b)(2)(E) and Fed. R. Crim. P. 49 and waiver of any right to receive service by any other means. Service of papers required to be served pursuant to Fed. R. Civ. P. 5(a) and Fed. R. Crim. P. 39 but not filed, such as discovery requests, may be made via email to the address designated by an attorney for receipt of notices of electronic filings.
(f) Inaccessibility of Clerk’s Office. During the time that the Court (or the Courthouse located in a particular division of the Court) is closed pursuant to Administrative Order 2022-86 (In Re: Policy for Emergency Closures of Federal Courthouse Facilities in the Southern District of Florida) or pursuant to separate order, the Clerk’s Office for the Court (or the particular division of the Court where the Courthouse is closed) shall be deemed inaccessible for purposes of Fed. R. Civ. 6(a)(3) and Fed. R. Crim. P.45(a)(3).
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RULE 5.2 | PROOF OF SERVICE AND SERVICE BY PUBLICATION
(b) Multiple Copies Unnecessary. Any document permitted to be filed via CM/ECF, including the corporate disclosure statement required by Federal Rule of Civil Procedure 7.1, shall be deemed to have been delivered in multiple if multiple copies are required to be filed.
(c) Publication. Publication required by law or rule of court shall be made in a newspaper of general circulation in the county in which the action is pending, e.g., The Daily Business Review.
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(1994) D. Rule 1.07(c), Local Rules, Middle District of Florida.
RULE 5.3 | FILES AND EXHIBITS
(b) Exhibits.
(2) Mandatory Electronic Filing. Unless otherwise ordered by the Court, within ten (10) days of the conclusion of a hearing or trial, a party must file and serve in the CM/ECF system
(b) a digital photograph of each non-documentary physical exhibit that the party offered or introduced into evidence.
(3) Exemptions from Mandatory Electronic Filing. The following exhibits shall be exempt from mandatory electronic filing and service in the CM/ECF system:
(B) Contraband images, audio recordings, and video recordings, which must be physically filed with the Clerk of the Court within ten (10) days of the conclusion of the hearing or trial, unless otherwise ordered, in the following form:
(ii) in original physical form if the contraband image was not offered or introduced at trial in electronic form.
(ii) delivered to the Clerk of the Court in accordance with the procedures for exhibits that are exempt from electronic filing and service, the attorney for that party shall also complete and electronically file and serve a Certification of Compliance Re Admitted Evidence form, which can be found at the Court’s website (http://www.flsd.uscourts.gov).
(6) Dismissals, Acquittals, and Voluntary Dismissals. Unless the Court, sua sponte or on motion of a party, orders compliance with subsection (b), such compliance is not required for a criminal jury trial that has concluded in a verdict of acquittal and/or pre-verdict dismissal pursuant to Fed. R. Crim. P. 29(a)-(b) on all charges, or for a civil case that has been dismissed pursuant to Fed. R. Civ. P. 41(a)(1).
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RULE 5.4 | FILINGS UNDER SEAL; DISPOSAL OF SEALED MATERIALS
(b) Procedure for Filing Under Seal in Civil Cases. A party seeking to file information or documents under seal in a civil case shall:
(2) A party appearing pro se seeking to make a filing under seal in a civil case that is not otherwise sealed in its entirety as permitted or required by federal law must comply with the procedures set forth in Local Rule 5.4(b)(1), except that the motion to file under seal shall be filed conventionally with the Clerk of Court and, if the Court grants the motion to file under seal, the sealed filing or Notice of Sealed Filing shall be submitted to the Clerk of Court in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside. The pro se party must also complete any required service of the sealed filing or Notice of Sealed Filing conventionally indicating the corresponding docket number of the sealed filing or Notice of Sealed Filing.
(3) A party or pro se party seeking to seal a case in its entirety must file a motion to seal conventionally with the Clerk of Court in a plain envelope clearly marked “sealed document” with the style of the case noted on the outside of the envelope. The motion to seal must set forth the factual and legal basis for departing from the policy that Court filings be public, describe the proposed sealed filing with as much particularity as possible without revealing the confidential information, and specify the proposed duration of the requested sealing. If the motion is granted, subsequent filings shall be filed conventionally with the Clerk of Court as sealed documents in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside. The filer must complete any required service of the sealed document(s) conventionally.
(2) Conventionally file the proposed sealed filing in a plain envelope clearly marked “sealed document” with the case number and style of the case noted on the outside.
(2) In criminal matters, conventionally file the ex parte filing in a plain envelope clearly marked “ex parte” with the case number and style of the case noted on the outside.
(3) In civil matters, electronically file the ex parte filing via CM/ECF as a restricted document using the events specifically earmarked for ex parte filings as described in Section 9 of the CM/ECF Administrative Procedures.
(4) A party appearing pro se must file documents conventionally.
(2) Ex Parte Filings. Access to ex parte motions and related filings will remain restricted unless the Court orders otherwise.
RULE 7.1 | MOTIONS, GENERAL
(B) motion for out-of-state process;
(C) motion for order of publication for process;
(D) application for default;
(E) motion for judgment upon default;
(F) motion to withdraw or substitute counsel;
(G) motion for continuance, provided the good cause supporting it is set forth in the motion and affidavit required by Local Rule 7.6;
(H) motion for confirmation of sale;
(I) motion to withdraw or substitute exhibits;
(J) motion for extensions of time providing the good cause supporting it is set forth in the motion;
(K) motion for refund of bond, provided the good cause supporting it is set forth in the motion;
(L) application for leave to proceed in forma pauperis; and
(M) motion for admission pro hac vice.
(3) Pre-filing Conferences Required of Counsel. Prior to filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a classaction, to dismiss for failure to state a claim upon which relief can be granted, for pro hac vice admission, or to involuntarily dismiss an action, for garnishment or other relief under Federal Rule of Civil Procedure 64, or otherwise properly filed ex parte under the Federal Rules of Civil Procedure and these Local Rules, or a petition to enforce or vacate an arbitration award, counsel for the movant shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing),with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion. Counsel conferring with movant’s counsel shall cooperate and act in good faith in attempting to resolve the dispute. At the end of the motion, and above the signature block, counsel for the moving party shall certify either:
(B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement (including the date, time, and manner of each effort), but has been unable to do so. If certain of the issues have been resolved by agreement, the certification shall specify the issues so resolved and the issues remaining unresolved.
(2) A party who desires oral argument or a hearing of any motion shall request it within the motion or opposing memorandum in a separate section titled “request for hearing.” The request shall set forth in detail the reasons why a hearing is desired and would be helpful to the Court and shall estimate the time required for argument. The Court in its discretion may grant or deny a hearing as requested, upon consideration of both the request and any response thereto by an opposing party.
(3) Discovery motions may be referred to and heard by a United States Magistrate Judge.
(4) With respect to:
(B) any motion or other matter as to which the Court has conducted a hearing but has not entered an order or otherwise determined the motion or matter within ninety (90) days of the hearing, the movant or applicant, whether party or non-party, shall file and serve on all parties and any affected non-parties within fourteen (14) days thereafter a “Notification of Ninety Days Expiring” which shall contain the following information:
(ii) the title and docket number of any and all responses or opposing memoranda, along with the dates of service and filing, or if no such papers have been filed, the date on which such papers were due;
(iii) the title and docket entry number of any reply memoranda, or any other papers filed and served in connection with the motion or other matter, as well as the dates of service and filing; and
(iv) the date of any hearing held on the motion or other matter.
Time shall be computed under this Local Rule in accordance with applicable federal rules of procedure (e.g., Fed. R. Civ. P. 6(a) and Fed. R. Crim. P.45(a)).
(2) Length. Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages. As long as no substantive part of the submission appears on the same page(s), the following items do not count toward page limitations for purposes of this rule and any other rules or orders setting forth page limitations: title pages preceding the first page of text, tables of contents, tables of citations, “request for hearing” sections, signature pages, certificates of good faith conferences, and certificates of service. Filing and service of multiple motions for partial summary judgment is prohibited, absent prior permission of the Court. This prohibition does not preclude a party from filing both a motion for summary judgment asserting an immunity from suit and a later motion for summary judgment addressing any issues that may remain in the case. This prohibition also is not triggered when, as permitted by Fed. R. Civ. P. 12(d), the Court elects to treat a motion filed pursuant to Fed. R. Civ. P. 12(b) or 12(c) as a summary judgment motion.
(2) Expedited Motions. A filer whose time-sensitive motion does not qualify as an emergency motion but who nonetheless requires an expedited ruling by a date certain may file an expedited motion in lieu of an emergency motion. The motion must include the words “Expedited Motion” in the title and must set forth in detail the date by which an expedited ruling is needed and the reason the ruling is needed by the stated date.
A party appearing pro se must conventionally file emergency motions and expedited motions.
(2) what ruling was made thereon; and
(3) what new or different facts and circumstances are claimed to exist which did not exist, or were not shown, upon the prior application.
RULE 7.2 | MOTIONS PENDING ON REMOVAL OR TRANSFER TO THIS COURT
(b) any opposition to any such motion and all documents previously filed in opposition to any such motions,
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RULE 7.3 | ATTORNEYS FEES AND COSTS
This rule provides a mechanism to assist parties in resolving attorneys fee and costs disputes by agreement. A motion for an award of attorneys’ fees and/or non-taxable expenses and costs arising from the entry of a final judgment or order shall not be filed until a good faith effort to resolve the motion, as described in paragraph (b) below, has been completed. The motion shall:
(2) identify the judgment or other order which gives rise to the motion, as well as the statute, rule, or other grounds entitling the moving party to the award;
(3) state the amount sought;
(4) disclose the terms of any applicable fee agreement;
(5) provide:
(B) the number of hours reasonably expended by each such time keeper;
(C) a description of the tasks done during those hours; and
(D) the hourly rate(s)claimed for each timekeeper;
(7) be verified; and
(8) certify that a good faith effort to resolve issues by agreement occurred pursuant to Local Rule 7.3(b), describing what was and was not resolved by agreement and addressing separately the issues of entitlement to fees and amount.
A party shall seek costs that are taxable under 28 U.S.C. §1920 by filing and serving a bill of costs and supporting memorandum in accordance with paragraph 7.3(c) below. The costs and expenses sought in a motion under this paragraph shall not include any cost sought in a bill of costs.
(c) Bill of Costs. A bill of costs pursuant to 28 U.S.C. §1920 shall be filed and served within thirty (30) days of entry of final judgment or other appealable order that gives rise to a right to tax costs under the circumstances listed in 28 U.S.C. §1920. Prior to filing the bill of costs, the moving party shall confer with affected parties under the procedure outlined in S.D.Fla.L.R.7.1(a)(3) in a good faith effort to resolve the items of costs being sought.
An application for a bill of costs must be submitted on form (or in form substantially similar to) AO 133 of the Administrative Office of the United States Courts and shall be limited to the costs permitted by 28 U.S.C. §1920. Expenses and costs that the party believes are recoverable although not identified in §1920 shall be moved for as provided in paragraph 7.3(a) above. The bill of costs shall attach copies of any documentation showing the amount of costs and shall be supported by a memorandum not exceeding ten (10) pages. The prospects or pendency of supplemental review or appellate proceedings shall not toll or otherwise extend the time for filing a bill of costs with the Court.
RULE 7.6 | CONTINUANCES OF TRIALS AND HEARINGS
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RULE 7.7 | CORRESPONDENCE TO THE COURT
(b) furnish the Court with copies of correspondence between or among counsel, or any party, except when necessary as an exhibit when seeking relief from the Court.
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RULE 7.8 | NOTICE OF SUPPLEMENTAL AUTHORITY
(ii) may refer to a page of a previously filed motion or memorandum of law or to a point argued orally.
RULE 11.1 | ATTORNEYS
(b) Contempt of Court. Any person who before his or her admission to the Bar of this Court or during his or her disbarment or suspension exercises in this District in any action or proceeding pending in this Court any of the privileges of a member of the Bar, or who pretends to be entitled to do so, may be found guilty of contempt of Court.
(c) Professional Conduct. The standards of professional conduct of members of the Bar of this Court shall include the current Rules Regulating The Florida Bar. For a violation of any of these canons in connection with any matter pending before this Court, an attorney may be subjected to appropriate disciplinary action.
(d) Appearance by Attorney.
(2) Unless they have noticed their appearance by filing a pleading, written motion, or other paper, any attorney appearing on behalf of a non-party witness at a hearing shall file and serve a notice of appearance prior to the attorney’s appearance on behalf of the attorney’s client at the hearing. When the appearance relates to a grand jury matter, the notice of appearance shall be filed with the Clerk of the Court in such manner as to maintain the secrecy requirements of grand jury proceedings, if applicable.
(3) Withdrawal of appearance.
(B) The appearance of an Assistant Federal Public Defender, Assistant United States Attorney, or other federal, state, or local government attorney is withdrawn when a notice of reassignment or notice of substitution is filed in which an attorney from the withdrawing attorney’s office provides notice of that substitute attorney’s appearance in the action or proceeding.
(5) If an attorney dies, is suspended, or ceases to act as an attorney, then a party to an action or proceeding for whom the attorney was acting as counsel must, before any further proceedings are had in the action on the party’s behalf, appoint another attorney or appear in person, unless the party is already represented by another attorney.
(6) No agreement between parties or their attorneys, the existence of which is not conceded, in relation to the proceedings or evidence in an action, will be considered by the Court unless the same is made before the Court and noted in the record or is reduced to writing and subscribed by the party or attorney against whom it is asserted.
(7) Only one (1) attorney on each side shall examine or cross-examine a witness, and not more than two (2) attorneys on each side shall argue the merits of the action or proceeding unless the Court shall otherwise permit.
(f) Relation to Other Rules. This Local Rule governing attorneys is supplemented by the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys.
(g) Responsibility to Maintain Current Contact Information. Each member of the Bar of the Southern District, any attorney appearing pro hac vice, and any party appearing pro se shall maintain current contact information with the Clerk of Court. Each attorney shall update contact information including e-mail address within seven (7) days of a change. A party appearing pro se shall conventionally file a Notice of Current Address with updated contact information within seven (7) days of a change. The failure to comply shall not constitute grounds for relief from deadlines imposed by Rule or by the Court. All Court Orders and Notices will be deemed to be appropriately served if directed either electronically or by conventional mail consistent with information on file with the Clerk of Court.
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RULE 15.1 | FORM OF A MOTION TO AMEND AND ITS SUPPORTING DOCUMENTATION
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RULE 16.1 | PRETRIAL PROCEDURE IN CIVIL ACTIONS
(2) Case Management Tracks. There shall be three (3) case management tracks, as follows:
(B) Standard Track-a case requiring three (3) to ten (10) days of trial may be assigned to a standard track in which discovery shall be completed within 180 to 269 days from the date of the Scheduling Order.
(C) Complex Track-an unusually complex case requiring over ten (10) days of trial may be assigned to the complex track in which discovery shall be completed within 270 to 365 days from the date of the Scheduling Order.
(4) The parties shall recommend to the Court in their proposed Scheduling Order filed pursuant to Local Rule 16.1(b), to which particular track the case should be assigned.
(2) Conference Report. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for submitting to the Court, within fourteen (14) days of the conference, a written report outlining the discovery plan and discussing:
(B) the likelihood of appearance in the action of additional parties;
(C) proposed limits on the time:
(ii) to file and hear motions; and
(iii) to complete discovery.
(E) the necessity or desirability of amendments to the pleadings;
(F) the possibility of obtaining admissions of fact and of documents, electronically stored information or things which will avoid unnecessary proof, stipulations regarding authenticity of documents, electronically stored information or things, and the need for advance rulings from the Court on admissibility of evidence;
(G) suggestions for the avoidance of unnecessary proof and of cumulative evidence;
(H) suggestions on the advisability of referring matters to a Magistrate Judge or master;
(I) a preliminary estimate of the time required for trial;
(J) requested date or dates for conferences before trial, a final pretrial conference, and trial;
(K) any issues about:
(ii) claims of privilege or of protection as trial-preparation materials, including -- if the parties agree on a procedure to assert those claims after production -- whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; and
(iii) when the parties have agreed to use the ESI Checklist available on the Court’s website (www.flsd.uscourts.gov), matters enumerated on the ESI Checklist; and
(B) The detailed discovery schedule agreed to by the parties;
(C) Any agreements or issues to be decided by the Court regarding the preservation, disclosure, and discovery of documents, electronically stored information, or things;
(D) Any agreements the parties reach for asserting claims of privilege or protection of trial preparation material after production;
(E) A limitation of the time to join additional parties and to amend the pleadings;
(F) A space for insertion of a date certain for filing all pretrial motions;
(G) A space for insertion of a date certain for resolution of all pretrial motions by the Court;
(H) Any proposed use of the Manual on Complex Litigation and any other need for rule variations, such as on deposition length or number of depositions;
(I) A space for insertion of a date certain for the date of pretrial conference (if one is to be held); and
(J) A space for insertion of the date certain for trial.
(4) Notice of Requirement. Counsel for plaintiff, or plaintiff if proceeding pro se, shall be responsible for giving notice of the requirements of this subsection to each defendant or counsel for each defendant as soon as possible after such defendant’s first appearance.
(5) Exempt Actions. The categories of proceedings exempted from initial disclosures under Federal Rule of Civil Procedure 26(a)(1)(B) are exempt from the requirements of this subsection. The Court shall have the discretion to enter a Scheduling Order or hold a Scheduling Conference in any case even if such case is within an exempt category.
(6) Compliance with Pretrial Orders. Regardless of whether the action is exempt pursuant to Federal Rule of Civil Procedure 26(a)(1)(B), the parties are required to comply with any pretrial orders by the Court and the requirements of this Local Rule including, but not limited to, orders setting pretrial conferences and establishing deadlines by which the parties’ counsel must meet, prepare and submit pretrial stipulations, complete discovery, exchange reports of expert witnesses, and submit memoranda of law and proposed jury instructions.
(d) Pretrial Disclosures and Meeting of Counsel. Unless otherwise directed by the Court, at least thirty (30) days before trial each party must provide to the other party and promptly file and serve with the Court the information prescribed by Federal Rule of Civil Procedure 26(a)(3). No later than fourteen (14) days prior to the date of the pretrial conference, or if no pretrial conference is held, fourteen (14) days prior to the call of the calendar, counsel shall meet at a mutually convenient time and place and:
(2) Prepare a pretrial stipulation in accordance with paragraph (e) of this Local Rule.
(3) Simplify the issues and stipulate to as many facts and issues as possible.
(4) Examine all trial exhibits, except that impeachment exhibits need not be revealed.
(5) Exchange any additional information as may expedite the trial.
(2) The basis of federal jurisdiction.
(3) The pleadings raising the issues.
(4) A list of all undisposed of motions or other matters requiring action by the Court.
(5) A concise statement of uncontested facts which will require no proof at trial, with reservations, if any.
(6) A statement in reasonable detail of issues of fact which remain to be litigated at trial. By way of example, reasonable details of issues of fact would include:
(B) As to damages, the precise nature and extent of damages claimed;
(C) As to unseaworthiness or unsafe condition of a vessel or its equipment, the material facts and circumstances relied upon;
(D) As to breach of contract, the specific acts or omissions relied upon.
(8) A concise statement of issues of law which remain for determination by the Court.
(9) Each party’s numbered list of trial exhibits, other than impeachment exhibits, with objections, if any, to each exhibit, including the basis of all objections to each document, electronically stored information and thing. The list of exhibits shall be on separate schedules attached to the stipulation, should identify those which the party expects to offer and those which the party may offer if the need arises, and should identify concisely the basis for objection. In noting the basis for objections, the following codes should be used:
I – Contains inadmissible matter (mentions insurance, prior conviction, etc.)
R – Relevancy
H – Hearsay
UP – Unduly prejudicial-probative value outweighed by undue prejudice
P – Privileged
(10) Each party’s numbered list of trial witnesses, with their addresses, separately identifying those whom the party expects to present and those whom the party may call if the need arises. Witnesses whose testimony is expected to be presented by means of a deposition shall be so designated. Impeachment witnesses need not be listed. Expert witnesses shall be so designated.
(11) Estimated trial time.
(12) Where attorney’s fees may be awarded to the prevailing party, an estimate of each party as to the maximum amount properly allowable.
(g) Record of Pretrial Conference Is Part of Trial Record. Upon the conclusion of the final pretrial conference, the Court will enter further orders as may be appropriate. Thereafter the pretrial stipulation as so modified will control the course of the trial, and may be thereafter amended by the Court only to prevent manifest injustice. The record made upon the pretrial conference shall be deemed a part of the trial record; provided, however, any statement made concerning possible compromise settlement of any claim shall not be a part of the trial record, unless consented to by all parties appearing.
(h) Discovery Proceedings. All discovery proceedings must be completed no later than fourteen (14) days prior to the date of the pretrial conference, or if no pretrial conference is held, fourteen (14) days prior to the call of the calendar, unless further time is allowed by order of the Court for good cause shown.
(i) Newly Discovered Evidence or Witnesses. If new evidence or witnesses are discovered after the pretrial conference, the party desiring their use shall immediately furnish complete details thereof and the reason for late discovery to the Court and to opposing counsel. Use may be allowed by the Court in furtherance of the ends of justice.
(j) Memoranda of Law. Counsel shall serve and file memoranda treating any unusual questions of law, including motions in limine, no later than seven (7) days prior to the pretrial conference, or if no pretrial conference is held, seven (7) days prior to the call of the calendar.
(k) Proposed Jury Instructions or Proposed Findings of Facts and Conclusions of Law. At the close of the evidence or at an earlier reasonable time that the Court directs, counsel may submit proposed jury instructions or, where appropriate, proposed findings of fact and conclusions of law to the Court, with copies to all other counsel. Parties shall use pattern jury instructions whenever applicable. Unless a Court order provides otherwise, any proposed jury instruction shall identify its source and cite any supporting authorities. If the source of the jury instruction is identified as a pattern jury instruction, the party shall also state whether the proposed jury instruction is a modified version of that pattern jury instruction and, if so, how it has been modified. At the close of the evidence, a party may file and serve additional instructions covering matters occurring at the trial that could not reasonably be anticipated; and with the Court’s permission, file and serve untimely requests for instructions on any issue.
(l) Penalty for Failure to Comply. Failure to comply with the requirements of this Local Rule will subject the party or counsel to appropriate penalties, including but not limited to dismissal of the cause, or the striking of defenses and entry of judgment.
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RULE 16.2 | COURT ANNEXED MEDIATION
A certified mediator is an attorney, certified by the Chief Judge in accordance with these Local Rules, who possesses the unique skills required to facilitate the mediation process including the ability to suggest alternatives, analyze issues, question perceptions, use logic, conduct private caucuses, stimulate negotiations between opposing sides, and keep order.
The mediation process does not allow for testimony of witnesses. The mediator does not review or rule upon questions of fact or law, or render any final decision in the case.
(ii) whether the mediator declared an impasse;
(iii) whether the mediation was conducted in person or by video-conference; and
(iv) pursuant to Local Rule 16.2(e), whether any party failed to participate in the mediation.
(2) Lists of Certified Mediators. Lists of certified mediators shall be maintained in the offices of the Clerk of the Court and shall be made available to counsel and the public upon request.
(3) Qualifications of Certified Mediators. An individual may be certified to serve as a mediator in this District provided that the individual shall:
(B) currently be a member in good standing of The Florida Bar and the Bar of this Court; and
(C) have substantial experience either as a lawyer or mediator in matters brought in any United States District Court or Bankruptcy Court; and
(D) have been certified and remain in good standing as a circuit court mediator under the rules adopted by the Supreme Court of Florida; and
(E) have substantial experience as a mediator.
Any individual who seeks certification as a mediator shall agree to accept at least two (2) mediation assignments per year in cases where at least one (1) party lacks the ability to compensate the mediator, in which case the mediator’s fees shall be reduced accordingly or the mediator shall serve pro bono (if no litigant is able to contribute compensation).
The Chief Judge shall constitute an advisory committee from lawyers who represent those categories of civil litigants who may utilize the mediation program and lay persons to assist in formulating policy and additional standards relating to the qualification of mediators and the operation of the mediation program and to review applications of prospective mediators and to recommend certification to the Chief Judge as appropriate.
(4) Standards of Professional Conduct for Mediators. All individuals who mediate cases pending in this District shall be governed by the Standards of Professional Conduct in the Florida Rules for Certified and Court-Appointed Mediators adopted by the Florida Supreme Court (the “Florida Rules”) and shall be subject to discipline and the procedures therefor set forth in the Florida Rules. Every mediator who mediates a case in this District consents to the jurisdiction of the Florida Dispute Resolution Center and the committees and panels authorized thereby for determining the merits of any complaint made against any mediator in this District.
(5) Oath Required. Every certified mediator shall take the oath or affirmation prescribed by 28 U.S.C. §453 upon qualifying as a mediator.
(6) Disqualification of a Mediator. Any person selected as a mediator may be disqualified for bias or prejudice as provided in 28 U.S. C. §144, and shall be disqualified in any case in which such action would be required of a justice, judge, or Magistrate Judge governed by 28 U.S.C. §455.
(7) Compensation of Mediators. Mediators shall be compensated
(b) at such rate as may be agreed to in writing by the parties and the mediator, if the mediator is selected by the parties.
(2) Motion to vacate sentence under 28 U.S.C. §2255;
(3) Social Security cases;
(4) Civil forfeiture matters;
(5) IRS summons enforcement actions;
(6) Land condemnation cases;
(7) Default proceedings;
(8) Student loan cases;
(9) Naturalization proceedings filed as civil actions;
(10) Statutory interpleader actions;
(11) Truth-in-Lending Act cases not brought as classactions;
(12) Letters rogatory; and
(13) Registration of foreign judgments.
(B) Direct the parties, within fourteen (14) days of the date of the order of referral, to agree upon a mediator. The parties are encouraged to utilize the list of certified mediators established in connection with Local Rule 16.2(b) but may by mutual agreement select any individual as mediator. The parties shall file and serve a “Notice of Selection of Mediator” within that period of time. If the parties are unable to agree upon a mediator, plaintiff’s counsel, or plaintiff if self-represented, shall file and serve a “Request For Clerk To Appoint Mediator,” and the Clerk will designate a mediator from the list of certified mediators on a blind, random basis.
(C) Direct that, at least fourteen (14) days prior to the mediation date, each party give the mediator a confidential written summary of the case identifying issues to be resolved.
(3) Stipulation of Counsel. Any action or claim may be referred to mediation upon stipulation of the parties.
(4) Withdrawal from Mediation. Any civil action or claim referred to mediation pursuant to this rule may be exempt or withdrawn from mediation by the presiding Judge at any time, before or after reference, upon application of a party and/or determination for any reason that the case is not suitable for mediation.
(ii) if the mediation is being conducted in person, participation requires attending the mediation conference in person (i.e., in person if the party is a natural person, not through an agent; or if the party is an entity, by the personal attendance of an entity representative).
(f) Mediation Report; Notice of Settlement; Judgment.
(b) with the consent of the parties, arrange for one of the parties to file a “Notice of Filing Mediator’s Report,” which shall attach the report as an exhibit.
(2) Restrictions on the Use of Information Derived During the Mediation Conference. All proceedings of the mediation shall be confidential and are privileged in all respects as provided under federal law and Florida Statutes §44.405. The proceedings may not be reported, recorded, placed into evidence, made known to the Court or jury, or construed for any purpose as an admission against interest. A party is not bound by anything said or done at the conference, unless a written settlement is reached, in which case only the terms of the settlement are binding.
RULE 16.3 | CALENDAR CONFLICTS
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(2006) Krasnow v. Navarro, 9 F.2d 451 (11th Cir. 1990).
RULE 16.4 | NOTICE OF SETTLEMENT
RULE 23.1 | CLASS ACTIONS
(b) The pleading shall contain under a separate heading, styled “Class Action Allegations:”
(2) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:
(B) the basis upon which the plaintiff (or plaintiffs) claims
(ii) if the classis composed of defendants, that those named as parties are adequate representatives of the class
(D) in actions claimed to be maintainable as classactions under Federal Rule of Civil Procedure 23(b)(3), allegations thought to support the findings required by that subdivision.
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RULE 24.1 | CONSTITUTIONAL CHALLENGE TO ACT OF CONGRESS OR STATE STATUTE
(b) State Statute. Upon the filing of any action in which the constitutionality of a state statute, charter, ordinance, or franchise is challenged, counsel shall comply with the notice provisions of Florida Statutes §86.091.
(c) No Waiver. Failure to comply with this Local Rule will not be grounds for waiving the constitutional issue or for waiving any other right the party may have. Any notice provided under this rule, or lack of notice, will not serve as a substitute for, or as a waiver of, any pleading requirements set forth in the Federal Rules of Civil Procedure or statutes.
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RULE 26.1 | DISCOVERY AND DISCOVERY MATERIAL (CIVIL)
(b) Service and Filing of Discovery Material. Initial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing:
(2) interrogatories;
(3) requests for documents, electronically stored information or things, or to permit entry upon land;
(4) requests for admission;
(5) notices of taking depositions or notices of serving subpoenas; and
(6) privilege logs.
(d) Completion of Discovery. Party and non-party depositions must be scheduled to occur, and written discovery requests and subpoenas seeking the production of documents must be served in sufficient time that the response is due on or before the discovery cutoff date. Failure by the party seeking discovery to comply with this paragraph obviates the need to respond or object to the discovery, appear at the deposition, or move for a protective order.
(e) Interrogatories and Production Requests.
(2) Assertion of Privilege:
(B) Where a claim of privilege is asserted in objecting to any interrogatory or production demand, or sub-part thereof, and a complete answer is not provided on the basis of such assertion, within the time provided by subpart (D) below:
(ii) The following information shall be provided in the objection, unless divulgence of such information would cause disclosure of the allegedly privileged information:
(2) general subject matter of the document or electronically stored information;
(3) the date of the document or electronically stored information; and
(4) such other information as is sufficient to identify the document or electronically stored information for a subpoena duces tecum, including, where appropriate, the author, addressee, and any other recipient of the document or electronically stored information, and, where not apparent, the relationship of the author, addressee, and any other recipient to each other;
(2) the date and the place of communication; and
(3) the general subject matter of the communication.
(D) Timing for Party Discovery: Unless the parties agree on a different time frame or the Court orders otherwise, the privilege log required under subpart (C) above shall be served no later than fourteen (14) days following service of:
(ii) the response to the request for production if all responsive documents are being withheld on the basis of such privilege or protection.
(ii) any claim of privilege or work product protection in response to the subpoena if all responsive documents are being withheld on the basis of such privilege or protection.
(B) any relevant compilations, abstracts or summaries in its custody or readily obtainable by it, unless those materials are privileged or otherwise immune from discovery.
(C) the records and materials for inspection and copying within fourteen (14) days after service of the answers to interrogatories or at a date agreed upon by the parties.
(5) The documents, electronically stored information, or things should be referenced to specific paragraphs of a request for production where practicable, unless the producing party exercises its option under Federal Rule of Civil Procedure 34(b) to produce documents as they are kept in the usual course of business. The party producing documents in response to a request for production has an obligation to explain the general scheme of record-keeping to the inspecting party. The objective is to acquaint the inspecting party generally with how and where the documents, electronically stored information, or things are maintained.
(6) Each page of any document produced in a non-electronic format must be individually identified by a sequential number that will allow the document to be identified but that does not impair review of the document.
(7) A party responding to a request for production of documents or materials shall serve a Notice of Completion of Production at the time that party produces (or otherwise makes available) the last of the documents or other materials that are responsive to the request that are not being withheld pursuant to an objection.
(2) After a claim of privilege has been asserted, unless divulgence of requested information would cause disclosure of privileged information, the attorney or party seeking disclosure shall have reasonable latitude during the deposition to question the witness to establish other relevant information concerning the assertion of the privilege, including questions about the topics set forth in Local Rule 26.1(e)(2)(B)(ii) above.
(2) Requirements and Deadlines for Seeking Court Intervention Concerning Discovery Disputes.
(ii) for a discovery dispute relating to a deposition that has been completed, a party shall submit the dispute within twenty-eight (28) days of the last day of testimony in the deposition giving rise to the dispute;
(iii) for a discovery dispute relating to the sufficiency of a production of documents or other materials, a party shall submit the dispute within twenty-eight (28) days of the producing party’s service of the Notice of Completion of Production as required by S.D. Fla. L.R. 26.1(e)(7); and
(iv) for any other discovery dispute, a party shall submit the dispute within twenty-eight (28) days of the date when the issue was first raised with the opposing party.
(C) The deadlines set forth in (A)(i)-(iv) may be extended once for up to seven (7) days by an unfiled, written stipulation between the parties, provided that the stipulation does not conflict with any Court order.
(D) The duty to conduct a pre-filing conference pursuant to S.D. Fla. L.R. 7.1(a)(3) shall not toll the deadlines set forth in (A)(i)-(iv) or any deadline provided by the assigned judge’s discovery procedures unless those discovery procedures specifically provide otherwise.
Failure to comply with this rule obviates the need for protective order.
Notwithstanding the foregoing, in accordance with Federal Rule of Civil Procedure 32(a)(5)(A), no deposition shall be used against a party who, having received less than eleven (11) calendar days’ notice of a deposition as computed under Federal Rule of Civil Procedure 6(a), has promptly upon receiving such notice filed and served a motion for protective order under Federal Rules of Civil Procedure 26(c)(1)(B) requesting that the deposition not be held or be held at a different time or place and such motion is pending at the time the deposition is held.
(i) Subpoenas; Cooperation. Whenever a party, before trial, receives objections, documents, electronically stored information, or other things from a non-party in response to a subpoena, the party receiving same shall promptly notify all other parties of such receipt, and shall, upon request, make the materials available for inspection to all other parties in the same form or format as received from the non-party. The other parties may request copies of objections, documents, electronically stored information, or other things, but the expense associated with providing such copies shall be borne by the party requesting the copies, except by order of the Court for good cause shown. Nothing in this subdivision is intended to create, eliminate, enlarge, or reduce any post-judgment notice, disclosure, production, or inspection obligations.
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RULE 47.1 | TAXATION OF COSTS FOR UNDUE INCONVENIENCE TO JURIES
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RULE 56.1 | MOTIONS FOR SUMMARY JUDGMENT
(2) An opponent’s Statement of Material Facts shall clearly challenge any purportedly material fact asserted by the movant that the opponent contends is genuinely in dispute. An opponent’s Statement of Material Facts also may thereafter assert additional material facts that the opponent contends serve to defeat the motion for summary judgment.
(3) The movant shall respond to any additional facts asserted in the opponent’s Statement of Material Facts even if the movant does not serve a reply memorandum. The due date for the Reply Statement of Material Facts is the due date for the reply memorandum.
(B) Consist of separately numbered paragraphs, limited as far as practicable to a single material fact, with each fact supported by specific, pinpoint references to particular parts of record material, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, and interrogatory answers (e.g., Exhibit D, Smith Affidavit, ¶2; Exhibit 3, Jones deposition, p. 12/lines 4-9).
(B) An opponent’s Statement of Material Facts shall use, as the very first word in each paragraph-by-paragraph response, the word “disputed” or “undisputed.”
(C) If an opponent’s Statement of Material Facts disputes a fact in the movant’s Statement of Material Facts, then the evidentiary citations supporting the opponent’s position must be limited to evidence specific to that particular dispute.
(D) Any additional facts that an opponent contends are material to the motion for summary judgment shall be numbered and placed immediately after the opponent’s response to the movant’s Statement of Material Facts. The additional facts shall use separately numbered paragraphs beginning with the next number following the movant’s last numbered paragraph. The additional facts shall be separately titled as “Additional Facts” and may not exceed five (5) pages (beyond the ten-(10)page limit for the opponent’s Statement of Material Facts.
(B) The Reply Statement of Material Facts shall correspond with the order and paragraph numbering format used in the opponent’s additional facts, identifying with the very first word in each fact as “disputed” or “undisputed” at the beginning of each paragraph in the statement, and, if disputed, citing to particular parts of materials in the record in the same manner as required by subsections (b)(1) and (b)(2).
(C) The movant may file and serve a reply memorandum of law, which is separate and distinct from the required Reply Statement of Material Facts addressing the opponent’s additional facts.
(ii) any exception under Fed. R. Civ. P. 56 does not apply.
(e) Prohibition Against Multiple Motions for Summary Judgment. Filing and service of multiple motions for partial summary judgment is prohibited, absent prior permission of the Court. This prohibition does not preclude a party from filing both a motion for summary judgment asserting an immunity from suit and a later motion for summary judgment addressing any issues that may remain in the case. This prohibition also is not triggered when, as permitted by Fed. R. Civ. P. 12(d), the Court elects to treat a motion filed pursuant to Fed. R. Civ. P. 12(b) or 12(c) as a summary judgment motion.
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RULE 62.1 | APPEAL BONDS OR OTHER SECURITY
RULE 67.1 | COURT REGISTRY AND WRITS OF GARNISHMENT
(b) In any case where an Order of Court directs the Clerk of the Court to handle a specific investment in a different manner than specified by Internal Operating Procedures, the interested party shall serve a copy of the Order upon the Clerk of the Court personally or a deputy clerk specifically designated in accordance with the wording of Federal Rule of Civil Procedure 67, to-wit:
“The party making the deposit shall serve the Order permitting deposit on the Clerk of this Court.”(c) A party applying for the issuance of a writ of garnishment shall pay the amount prescribed by applicable Florida law to the garnishee. The payment is for the attorneys’ fees of the garnishee. Monies previously required to be deposited in the non-interest-bearing registry of the Court shall be disbursed as follows:
(2) In cases of a pre-judgment writ of garnishment, if the garnishee fails to make written demand within sixty (60) days of the conclusion of the case, including all appeals, the Clerk of the Court shall return such deposit to the depositing party (or their counsel)without further order or request, unless otherwise directed by the Court.
(3) In cases of a post-judgment writ of attachment, if the garnishee fails to make written demand within sixty (60) days after post-judgment proceedings on the writ have concluded, including all appeals concerning the writ, the Clerk of the Court shall return such deposit to the depositing party (or their counsel) without further order or request, unless otherwise directed by the Court.
(4) If garnishment cost deposit monies remain on deposit with the Clerk of the Court more than five (5) years after the conclusion of a case or post-judgment proceedings, including all appeals, and if the Clerk of the Court has made reasonable attempts to provide notice to the depositing party or to distribute those monies without success, those unclaimed monies shall be moved into the appropriate U.S. Treasury Unclaimed Funds account pursuant to Title 28, United States Code, Section 2042, without further order of Court. Any monies deposited with the U.S. Treasury under these provisions as unclaimed are available for immediate disbursement to any party by the Clerk of the Court upon application and further Court order.
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(2002) Federal Rule of Civil Procedure 69, Florida Statute Section 77.28, and Administrative Orders 90–104, 98–51 and 2001–69.
RULE 77.1 | PHOTOGRAPHING, BROADCASTING, TELEVISING
(b) following a declaration of a local, state, or national emergency, audio and video recording may be permitted by order of the Court.
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(2011) Amended to provide for participation in pilot program for the study of camera use in district courtrooms pursuant to those guidelines issued by the Judicial Conference Committee on Court Administration and Case Management (www.uscourts.gov).
RULE 77.2 | RELEASE OF INFORMATION IN CRIMINAL AND CIVIL PROCEEDINGS
(b) With respect to a grand jury or other pending investigation of any criminal matter, a lawyer participating in or associated with the investigation shall refrain from making any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication, that goes beyond the public record or that is not necessary to inform the public that the investigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the investigation.
(c) From the time of arrest, issuance of an arrest warrant, or the filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer or law firm associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication, relating to that matter and concerning:
(2) The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement.
(3) The performance of any examinations or tests or the accused’s refusal or failure to submit to an examination or test.
(4) The identity, testimony, or credibility of prospective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law.
(5) The possibility of a plea of guilty to the offense charged or a lesser offense.
(6) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the evidence in the case.
(d) During the trial of any criminal matter, including the period of selection of the jury, no lawyer or law firm associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview, relating to the trial or the parties or issues in the trial which a reasonable person would expect to be disseminated by means of public communication, except that the lawyer or law firm may quote from or refer without comment to public records of the Court in the case.
(e) After the completion of a trial or disposition without trial of any criminal matter, and prior to the imposition of sentence, a lawyer or law firm associated with the prosecution or defense shall refrain from making or authorizing any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will affect the imposition of sentence.
(f) Nothing in this Local Rule is intended to preclude the formulation or application of more restrictive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies, or to preclude any lawyers from replying to charges of misconduct that are publicly made against the lawyer or law firm.
(g) A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to:
(2) The character, credibility, or criminal record of a party, witness, or prospective witness.
(3) The performance or results of any examinations or tests or the refusal or failure of a party to submit to such.
(4) The lawyer’s opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule.
(5) Any other matter reasonably likely to interfere with a fair trial of the action.
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RULE 87.1 | AUTHORITY OF BANKRUPTCY JUDGES TO MAKE LOCAL RULES
RULE 87.2 | REFERENCE OF BANKRUPTCY MATTERS
(b) Authority of Bankruptcy Judges. If a Bankruptcy Judge or District Judge determines that entry of a final order or judgment by a Bankruptcy Judge would not be consistent with Article III of the United States Constitution in a particular case or proceeding referred under the Order of Reference and determined to be a core matter, the Bankruptcy Judge shall, unless otherwise ordered by the District Court, hear the case or proceeding and submit proposed findings of fact and conclusions of law stated on the record or in an opinion or memorandum of decision.
(c) Authority of District Court to Treat Final Orders as Proposed Findings and Conclusions. As provided in Federal Rule of Bankruptcy Procedure 8018.1, if, on appeal, the District Court determines that the Bankruptcy Court did not have the power under Article III of the United States Constitution to enter the judgment, order, or decree appealed from, the District Court may treat such judgment, order, or decree as proposed findings of fact and conclusions of law.
RULE 87.3 | MOTIONS FOR WITHDRAWAL OF REFERENCE OF CASE OR PROCEEDING FROM THE BANKRUPTCY COURT
RULE 87.4 | BANKRUPTCY APPEALS
(b) Docketing of Notice of Appeal in District Court. All notices of appeal filed in the Bankruptcy Court under Federal Rule of Bankruptcy Procedure 8003 and 8004 shall be electronically transmitted promptly to the Clerk of the District Court by the Bankruptcy Clerk resulting in the opening of a new civil case in District Court’s automated case management system CM/ECF.
(c) Limited Authority of Bankruptcy Court to Enter Orders Prior to Transmittal of Record to District Court. After the notice of appeal is electronically transmitted to the District Court and a civil case is opened but before the record is transmitted to the District Court, the Bankruptcy Court is authorized and directed to dismiss an appeal for appellant’s:
(2) failure to comply with the time limitations specified in Federal Rule of Bankruptcy Procedure 8002; or
(3) failure to file a designation of the items for the record or copies thereof or a statement of the issues as required by Federal Rule of Bankruptcy Procedure 8009, and Local Bankruptcy Rule 8009-1.
(d) Motions for Stay and Other Intermediate Requests for Relief. Motions for stay pending appeal filed in the District Court pursuant to Federal Rule of Bankruptcy Procedure 8007(b), motions to review Bankruptcy Court orders entered under Federal Rule of Bankruptcy Procedure 9006(b), and other motions requesting intermediate relief as set forth in Federal Rule of Bankruptcy Procedure 8010(c), shall be filed in the District Court case opened upon transmittal to the District Court of the notice of appeal and served on all parties. The movant shall designate any relevant portions of the Bankruptcy Court record necessary for the District Court to rule on the motion. It shall be the duty of the Clerk of the District Court immediately to transmit a copy of the order ruling on said motion to the Clerk of the Bankruptcy Court. Local Rules 5.1 and 7.1 shall apply to motions for stay and other motions seeking intermediate appellate relief from the District Court.
(e) Motions for Leave to Appeal. A motion for leave to appeal and notice of appeal shall be filed in the Bankruptcy Court pursuant to Local Bankruptcy Rule 8004-1 and served on all parties. Upon transmittal of the notice, motion, and related documents to the District Court, a civil case shall be opened as provided in subsection (b) of this Local Rule.
(2) Form and Length of Briefs. The form and length of briefs specified by Federal Rule of Bankruptcy Procedure 8015, and summarized in the Federal Rules of Bankruptcy Procedure Part VIII Appendix: Length Limits Stated in Part VIII of the Federal Rules of Bankruptcy Procedures, may be altered only by the order of the District Court. Failure to comply with Federal Rule of Bankruptcy Procedure 8015 may result in the striking of a brief. District Court Local Rules 5.1 and 7.1 do not apply to briefs governed by Federal Rule of Bankruptcy Procedure 8015.
(h) Judgment. Upon receipt of the District Court’s opinion, the Clerk of the District Court shall enter judgment in accordance with Federal Rule of Bankruptcy Procedure 8024(a) and, in accordance with Federal Rule of Bankruptcy Procedure 8024(b), immediately shall transmit to each party and to the Clerk of the Bankruptcy Court a notice of entry together with a copy of the District Court’s opinion.
(i) Appeal. If an appeal remains pending three (3) months after its entry on the District Court docket, the appealing party shall file and serve on all parties a “Notice of 90 Days Expiring” in the manner prescribed by Local Rule 7.1(b)(4).
(j) Notice. The Clerk of the Bankruptcy Court shall provide reference to this Local Rule with the notice of appeal provided to each party in accordance with Federal Rule of Bankruptcy Procedure 8003(c)(1). Failure to receive such a copy will not excuse compliance with all provisions of this Local Rule.
(k) Court Discretion. This Local Rule is not intended to exhaust or restrict the District Court’s discretion as to any aspect of any appeal.
(l) Sealed Documents. Pursuant to Federal Rule of Bankruptcy Procedure 8009(f), if a document sealed by the Bankruptcy Court is to be included in the record on appeal, a motion must be filed in the District Court to accept the sealed document and served on all parties. If the motion is granted, the Bankruptcy Clerk promptly will transmit the sealed document to the District Court Clerk.
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RULE 87.5 | DESIGNATION OF BANKRUPTCY JUDGES TO CONDUCT JURY TRIALS
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RULE 88.1 | APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN CRIMINAL PROCEEDINGS
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RULE 88.2 | POST CONVICTION, HABEAS CORPUS, AND CIVIL RIGHTS PROCEEDINGS
(2) Petitions for writ of habeas corpus pursuant to 28 U.S.C. §2254 (state prisoner attacking conviction),
(3) Motions to Vacate pursuant to 28 U.S.C. §2255 (federal prisoner attacking conviction),
(4) Civil rights complaints pursuant to 42 U.S.C. §1983 (Constitutional deprivation under color of state law),
(5) Civil rights complaints pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) (Constitutional deprivation under color of federal law).
(b) When a petition, motion to vacate, or complaint is submitted in forma pauperis, the petitioner/movant/plaintiff shall submit the form “Application to Proceed Without Prepayment of Fees and Affidavit,” which may be obtained from the Clerk of the Court, or an affidavit which substantially follows the form, and shall, under oath, set forth information which establishes that he or she is unable to pay the fees and costs of the proceedings referenced above.
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RULE 88.3 | PETTY AND CERTAIN MISDEMEANOR OFFENSES
(b) Collateral and Mandatory Appearance.
(2) Collateral may not be posted for any covered offense if the alleged violator has previously been convicted of any such offense.
(2) The posting of collateral shall signify that the offender does not wish to appear nor request a hearing before the Judge. Collateral so posted shall be forfeited to the United States and the proceedings shall be terminated.
(2) No person shall be detained for failure to post collateral for a covered offense for which collateral may be posted unless the person is placed under arrest.
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RULE 88.5 | SPEEDY TRIAL REPORTS
(b) All excludable time as recorded on the docket on which there is conflict, including the applicable statutes or law.
(c) Computation of the gross time, excludable time, net time remaining, and the final date upon which the defendant can be tried in compliance with the Speedy Trial Plan of this Court.
(d) Any agreement by the parties as to excludable time which exceeds the amount recorded on the docket shall have no effect unless approved by the Court.
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RULE 88.7 | RETAINED CRIMINAL DEFENSE ATTORNEYS
(b) All notices of permanent appearance in the District Court, and motions for substitution of counsel, shall state whether the appearance of counsel is for trial only or for trial and appeal.
(c) At arraignment, the Magistrate Judge will inquire of each defendant and counsel whether counsel has been retained for trial only or for trial and appeal. Where counsel indicates that he or she has been retained only for trial, the defendant will be notified that it is the defendant’s responsibility to arrange for counsel for any necessary appeals.
(d) In cases where the defendant moves the Court to proceed in forma pauperis on appeal, or for appointment of Criminal Justice Act appellate counsel, the Court will consider, in passing upon such applications, factors such as
(ii) the contract between the defendant and trial counsel;
(iii) the defendant’s present financial condition and ability to have retained only trial counsel;
(iv) retained counsel’s appellate experience;
(v) the financial burden that prosecuting the appeal would impose upon trial counsel, in view of the fee received and the professional services rendered; and
(vi) all other relevant factors, including any constitutional guarantees of the defendant.
(ii) the likelihood that the acceptance of the particular employment precluded other employment by the lawyer;
(iii) the fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature;
(iv) the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained;
(v) the time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client;
(vi) the nature and length of the professional relationship of the client; and
(vii) the experience, reputation, diligence and ability of the lawyer or lawyers performing the service and the skill, expertise or efficiency of efforts reflected in the actual providing of such services.
(f) Those parts of proceedings undertaken pursuant to paragraphs (d) and (e) of this Local Rule that involve confidential or privileged information or communications shall be held in camera, ex-parte, and under seal.
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RULE 88.8 | PRESENTENCE INVESTIGATIONS
(b) Counsel for the parties shall confer no later than seven (7) days prior to the scheduled sentencing hearing proceeding with respect to the anticipated length of the sentencing and the number of witnesses to be called. If either party reasonably anticipates that the sentencing proceeding will exceed one hour, the party shall file and serve on all parties a notice with the Clerk of the Court and shall hand deliver a courtesy copy to the United States Probation Office no later than five (5) days prior to the sentencing proceeding. The notice shall advise the Court of the number of witnesses to be called and the estimated time required for the sentencing proceeding. Additionally, counsel for the parties shall file within the same time period any notice for enhancement of sentence or requests for departure.
(c) The recommendation as to sentencing made to the Court by the United States Probation Office shall remain confidential.
(d) Counsel for the parties may retain the PSI in their custody, and counsel for the defendant shall provide a copy to the defendant. However, the PSI is a confidential document and neither the parties nor their counsel are authorized to duplicate or disseminate it to third parties without prior permission of the Court.
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RULE 88.9 | MOTIONS IN CRIMINAL CASES AND JURY INSTRUCTIONS
Section 7.1(b), which pertains to hearings. Hearings on criminal motions may be set by the Court upon appropriate request or as required by the Federal Rules of Criminal Procedure and/or Constitutional Law.
In addition, at the time of filing motions in criminal cases, counsel for the moving party shall file with the Clerk of the Court a statement certifying either:
(2) that counsel for the moving party has made reasonable effort (which shall be identified with specificity in the statement) to confer with the opposing party but has been unable to do so.
(c) Motions in criminal cases shall be filed and served within twenty-eight (28) days from the arraignment of the defendant to whom the motion applies, except that motions arising from a post-arraignment event shall be filed and served within a reasonable time after the event.
(d) Parties shall use pattern jury instructions whenever applicable. Unless a Court order provides otherwise, any proposed jury instruction shall identify its source and cite any supporting authorities. If the source of the jury instruction is identified as a pattern jury instruction, the party shall also state whether the proposed jury instruction is a modified version of that pattern jury instruction and, if so, how it has been modified.
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RULE 88.10 | CRIMINAL DISCOVERY
(b) Following a defendant’s request to the Court for entry of the Standing Discovery Order and the Court’s entry of the Standing Discovery Order, the defendant, subject to the provisions of Fed. R. Crim. P. 16(b)(2), shall:
(2) after the government complies with Fed. R. Crim. P. 16(a)(1)(F), comply with the obligations that arise under Fed. R. Crim. P. 16(b)(1)(B).
(d) The government shall disclose to the defendant the existence and substance of any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective government witnesses, within the scope of Giglio v. United States, 405 U.S. 150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).
(e) The government shall supply the defendant with a record of prior convictions of any alleged informant who will testify for the government at trial.
(f) The government shall state whether defendant was identified in any lineup, showup, photo array or similar identification proceeding, and produce any pictures utilized or resulting therefrom.
(g) The government shall advise its agents and officers involved in this case to preserve all rough notes.
(h) The government shall comply with the notice obligations set forth in Federal Rule of Evidence 404(b).
(i) The government shall state whether the defendant was an aggrieved person, as defined in 18 U.S.C. §2510(11), of any relevant electronic surveillance that was authorized pursuant to 18 U.S.C. §2516 and 18 U.S.C. §2518 and that has been unsealed in accordance with 18 U.S.C. §2518, and if so, shall set forth in detail the circumstances thereof.
(j) The government shall have transcribed the grand jury testimony of all witnesses who will testify for the government at the trial of this cause, preparatory to a timely motion for discovery.
(k) The government shall, upon request, deliver to any chemist selected by the defense, who is presently registered with the Attorney General in compliance with 21 U.S.C. §§822 and 823, and 21 C.F.R. §101.22(8), a sufficient representative sample of any alleged contraband which is the subject of this indictment, to allow independent chemical analysis of such sample.
(l) The government shall permit the defendant, his counsel and any experts selected by the defense to inspect any automobile, vessel, or aircraft allegedly utilized in the commission of any offenses charged. Government counsel shall, if necessary, assist defense counsel in arranging such inspection at a reasonable time and place, by advising the government authority having custody of the thing to be inspected that such inspection has been ordered by the court.
(m) The government shall provide the defense, for independent expert examination, copies of all latent fingerprints or palm prints which have been identified by a government expert as those of the defendant.
(n) The parties shall make every possible effort in good faith to stipulate to all facts or points of law the truth and existence of which is not contested and the early resolution of which will expedite the trial.
(o) Schedule of Discovery.
(2) Discovery which is to be made in connection with trial shall be made not later than fourteen (14) days after the arraignment, or such other time as ordered by the court.
(3) When discovery concerning expert witnesses has been requested and is required to be made pursuant to Fed. R. Crim. P. 16(a)(1)(G) or Fed. R. Crim. P. 16(b)(1)(C), it shall be made as follows, or at such other time as ordered by the court:
the bases and reasons for those opinions, and
the type of expert witness who will be providing the anticipated testimony.
(ii) no later than seven (7) days before the commencement of trial for testimony that the government intends to present at trial during its rebuttal to counter testimony that the defendant has timely disclosed under Fed. R. Crim. P. 16(b)(1)(C);
(iii) no later than twenty-one (21) days before the commencement of trial for testimony that the defendant intends to present at trial during the defendant’s case-in-chief, including testimony on the defendant’s mental condition, except that this disclosure need not be provided earlier than fourteen (14) days after the arraignment; and
(iv) no later than seven (7) days before the commencement of trial for testimony that the defendant intends to present at trial to counter testimony that the government has timely disclosed under Fed. R. Crim. P. 16(a)(1)(G).
(5) It shall be the continuing duty of counsel for both sides to immediately reveal to opposing counsel all newly discovered information or other material within the scope of this Local Rule.
(5) In accordance with Fed. R. Crim. P. 16.1(a), no later than fourteen (14) days after a defendant’s arraignment, the attorney for the government and the defendant’s attorney must confer and try to agree on:
(B) a timetable and procedures for pretrial disclosure under Rule 16 if the Standing Discovery has not been requested and entered.
Authority
Comments
RULE 88.11 | AFTER HOURS CRIMINAL DUTY PROCEDURES
Once the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or to the arresting agents who shall transmit the bond information to the booking officials at the receiving institution. A “permanent” bond shall be set for the defendant at the next available prescribed Duty Magistrate Judge Court session when the defendant appears for initial appearance.
For arrests that occur during the business week, prior to the end of the business day but subsequent to a time when an initial appearance at the prescribed session of Magistrate Judge Court can be made, the Duty Assistant United States Attorney shall contact the Duty Magistrate Judge in chambers for the purpose of having a temporary bond set. As with after-hours arrests, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents. If the Duty Magistrate Judge is on the bench when a Duty Assistant United States Attorney calls for the purpose of having a temporary bond set, the Duty Magistrate Judge will return the Duty Assistant United States Attorneys call as soon as the Duty Magistrate Judge gets off the bench.
For after-hours arrests, the Duty Assistant United States Attorney shall leave a message on the Duty Magistrate Judge’s beeper or cell phone. If by beeper, the call will be returned by the Duty Magistrate Judge. Once the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents for transmittal to the receiving institution. Routine arrests occurring after 10:00 p.m. need not be communicated to the Duty Magistrate Judge that night, but shall be reported by the Duty Assistant United States Attorney to the Duty Magistrate Judge the following morning. In emergency situations, the Duty Magistrate Judge may be contacted directly at any hour.
Since a probable causes determination must be made within forty-eight (48) hours of all arrests, except as Federal Rule of Criminal Procedure 4.1 may otherwise provide, a criminal complaint must be presented directly to a Magistrate Judge for review and approval in all cases where the initial appearance will not take place within forty-eight (48) hours of an arrest.
All after-hours Duty arrests (including but not limited to arrests on warrants where bonds have already been endorsed/set) shall be reported to the Duty Magistrate Judge by the Duty Assistant United States Attorney.
TABLE OF REPEALED AND RELOCATED LOCAL RULES
RULE 3.2 SEPARATE DOCKETS
[Repealed December 1, 2011; reserved for future use.]RULE 3.4 ASSIGNMENT OF ACTIONS AND PROCEEDINGS
[Repealed December 1, 2011 and relocated to the Court’s Internal Operating Procedures; reserved for future use.]RULE 3.5 RESPONSIBILITY FOR ACTIONS AND PROCEEDINGS
[Repealed December 1, 2011 and relocated to the Court’s Internal Operating Procedures; reserved for future use.]RULE 3.6 RECUSALS
[Repealed December 1, 2011 and relocated to the Court’s Internal Operating Procedures; reserved for future use.]RULE 3.7 REASSIGNMENT OF CASES DUE TO RECUSAL, TEMPORARY ASSIGNMENT OR EMERGENCY
[Repealed December 1, 2011 and relocated to the Court’s Internal Operating Procedures; reserved for future use.]RULE 5.5 ELECTRONIC FILING THROUGH CM/ECF
[Repealed December 1, 2011; reserved for future use.]RULE 12.1 CIVIL RICO CASE STATEMENT
[Repealed December 1, 2011; reserved for future use.]RULE 30.1 SANCTIONS FOR ABUSIVE DEPOSITION CONDUCT
[Repealed December 1, 2011.]RULE 34.1 MARKING DOCUMENTS
[Repealed December 1, 2011 and relocated to Local Rule 26.1(g); reserved for future use.]RULE 40.1 NOTICE THAT ACTION IS AT ISSUE
[Repealed April 15, 2008; reserved for future use.]RULE 41.1 DISMISSAL FOR WANT OF PROSECUTION
[Repealed April 15, 2008; reserved for future use.]RULE 45.1 SUBPOENAS FOR DEPOSITION AND TRIAL
[Repealed December. 1, 2011; reserved for future use.]RULE 88.4 CERTAIN OFFENSES PERTAINING TO NATIONAL PARKS, PRESERVES, GOVERNMENT RESERVATIONS, HISTORIC SITES, TREATIES AND WILDLIFE ACTS
[Repealed December 1, 2011; reserved for future use.]RULE 88.6 DANGEROUS SPECIAL OFFENDER NOTICE
[Repealed December 1, 2011; reserved for future use.]ADMIRALTY RULE A | GENERAL PROVISIONS
(2) Citation Format.
(b) The Local Admiralty and Maritime Rules shall be cited as “Local Admiralty Rule ( )”.
(4) Designation of “In Admiralty” Proceedings. Every complaint filed as a Federal Rule of Civil Procedure 9(h) action shall boldly set forth the words “IN ADMIRALTY” following the designation of the Court. This requirement is in addition to any statements which may be contained in the body of the complaint.
(5) Verification of Pleadings, Claims and Answers to Interrogatories. Every complaint and claim filed pursuant to Supplemental Rules B, C and/or D shall be verified on oath or solemn affirmation by a party, or an officer of a corporate party.
Any interested party may move the Court, with or without a request for stay, for the personal oath or affirmation of a party or all parties, or that of a corporate officer. If required by the Court, such verification may be obtained by commission, or as otherwise provided by Court order.
(7) Publication of Notices. Unless otherwise required by the Court, or applicable Local Admiralty or Supplemental Rule, whenever a notice is required to be published by any statute of the United States, or by any Supplemental Rule or Local Admiralty Rule, such notice shall be published at least once, without further order of Court, in a newspaper of general circulation in the county or counties where the vessel or property was located at the time of arrest, attachment, or seizure, and if different, in the county within the Southern District of Florida where the lawsuit is pending, e.g., the Daily Business Review.
(9) Judicial Officer Defined. As used in these Local Admiralty Rules, the term “judicial officer” or “Court” shall mean either a United States District Judge or a United States Magistrate Judge.
(10) Forms. The forms presented on the Court’s website (www.flsd.uscourts.gov) provide an illustration of the format and content of papers filed in admiralty and maritime actions within the Southern District of Florida. While the forms are sufficient, they are neither mandatory nor exhaustive.
Advisory Notes
(1993) (a) General Comments. These Local Admiralty Rules were prepared and submitted to the Court through the Rules Committee of the Southern District of Florida, at the request of a Subcommittee of the Admiralty Law Committee of The Florida Bar.
The Local Admiralty and Maritime Rules are promulgated pursuant to this Court’s rule making authority under Federal Rule of Civil Procedure 83, and have been drafted to complement the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure.
The Committee has arranged these Local Admiralty Rules to correspond generally with the ordering of the Supplemental Rules, e.g., Local Admiralty Rule A corresponds generally with Supplemental Rule A, and each sequentially lettered Local Admiralty Rule addresses the subject matter of the corresponding next-in-order Supplemental Rule.
Reference to the former Local Admiralty Rules refers to the former Local Rules of the Southern District of Florida.
(b) Comments on Specific Sections. These Local Admiralty Rules are substantially similar to the Local Rules for the Middle District and therefore provide for consistency and uniformity in admiralty and maritime claims in the state.
A(1) and A(3) continue in substance former Local Admiralty Rule 1(a).
A(4) continues the “IN ADMIRALTY” designation requirements of former Local Admiralty Rule 7(a). Under the revised rule, the “IN ADMIRALTY” designation is required to be posted to all complaints even if the complaint is filed as a Federal Rule of Civil Procedure 9(h) action and jurisdiction would exist on another basis, e.g., federal question or diversity jurisdiction.
A(5) continues the requirements of former Local Admiralty Rule 8. A(6) continues the requirements of former Local Admiralty Rule 2(a).
A(7) enlarges upon former Local Admiralty Rule 3(a) which addressed notice by publication only in cases filed pursuant to Supplemental Rule C(4). The revised rule extends the publication provisions to all Federal Rule of Civil Procedure 9(h) actions for which notice by publication is required.
In addition, the existing provisions have been altered to require that the publication shall be made both in the county where the vessel, or other property, was located at the time of arrest, attachment or seizure; and if different, in the county within the Division of this Court in which the suit is pending.
A(8) continues the requirements of former Local Admiralty Rule 2(c).
A(9) adopts the definition of “Court” provided in the Advisory Notes to the August 1, 1985, amendments to the Supplemental Rules.
As defined in these Local Admiralty Rules, the terms “Court” or “judicial officer” shall extend to United States Magistrates Judges assigned to the Southern District of Florida. The committee notes that the delegation of the duties contemplated by this definition are consistent with the jurisdictional grant to the United States Magistrate Judges as set forth in Title 28, United States Code, Section 636(a).
Where the terms “Court” and “judicial officer” are not used, these Local Admiralty Rules contemplate that without further order of Court, the responsibility of taking the specific action shall be vested with a District Judge.
A(10) provides for that forms pertinent to the Local Admiralty Rules are found at the Court’s website (www.flsd.uscourts.gov). The former Local Admiralty Rules incorporated the text of some forms within the specific Local Admiralty Rules and included some forms in an appendix. The forms (now found on the Court’s website) provide an alternate method of presenting the format and content of necessary admiralty forms.
As noted in the revised Local Admiralty Rules, these forms are provided as examples, and are not intended to be mandatory. In addition to the specific forms referred to in the Local Admiralty Rules, the Court’s website also includes other commonly used admiralty forms for the use and convenience of counsel.
(1998) These Local Admiralty Rules are amended in 1998 to correct scrivener’s errors and to require the custodian or substitute custodian to comply with orders of the Captain of the Port, United States Coast Guard.
(2010) Amended to conform tabulation to the style used in the federal rules of procedure.
ADMIRALTY RULE B | ATTACHMENT AND GARNISHMENT: SPECIAL PROVISIONS
(2) Verification of Complaint Required. In addition to the specific requirements of Local Admiralty Rule A(5), whenever verification is made by the plaintiff’s attorney or agent, and that person does not have personal knowledge, or knowledge acquired in the ordinary course of business of the facts alleged in the complaint, the attorney or agent shall also state the circumstances which make it necessary for that person to make the verification, and shall indicate the source of the attorney’s or agent’s information.
(3) Pre-seizure Requirements. In accordance with Supplemental Rule B(1), the process of attachment and garnishment shall issue only after one of the following conditions has been met:
Upon receipt of the signed order, the Clerk of the Court shall file the order and, in accordance with Local Admiralty Rule B(3)(c), issue the summons and process of attachment and garnishment. Thereafter the Clerk of the Court may issue supplemental process without further order of Court.
(b) Hearing on the Answer and Claim. The claimant may be heard before a judicial officer not less than seven (7) days after the answer and claim has been filed and service has been perfected upon the plaintiff.
If the seizure was predicated upon a showing of “exigent circumstances” under Local Admiralty Rule B(3)(b), and the Court finds that such exigent circumstances did not exist, the judicial officer shall award attorney’s fees, costs, and other expenses incurred by any party as a result of the seizure.
If the Court grants the motion and enters the default judgment, such judgment shall establish a right on the part of the party or parties in which favor it is entered. The judgment shall be considered prior to any claims of the owner of the defendant property against which it is entered, and to the remnants and surpluses thereof; providing, however, that such a judgment shall not establish any entitlement to the defendant property having priority over non-possessory lien claimants. Obtaining a judgment by default shall not preclude the party in whose favor it is entered from contending and proving that all, or any portion, of the claim or claims encompassed within the judgment are prior to any such non-possessory lien claims.
Advisory Notes
When read in conjunction with Supplemental Rule B and E, Local Admiralty Rules B and E are intended to provide a uniform and comprehensive method for constitutionally implementing the long-standing and peculiar maritime rights of attachment and garnishment. The Committee believes that Local Admiralty Rules B and E correct the deficiencies perceived by some courts to exist in the implementation of this unique maritime provision. Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. de Navegacion, 552 F.Supp. 771 (S.D.Ga.1982); Cooper Shipping Company v. Century 21, 1983 A.M.C. 244 (M.D.Fla.1982); Crysen Shipping Co. v. Bona Shipping Co., Ltd., 553 F.Supp. 139 (N.D.Fla.1982); and Grand Bahama Petroleum Co. v. Canadian Transportation Agencies, Ltd., 450 F.Supp. 447 (W.D.Wa.1978), discussing Supplemental Rule (B) proceedings in light of Fuentes v. Shevin, 407 U.S. 67, [92 S.Ct. 1983, 32 L.Ed.2d 556] (1972) and Sniadach v. Family Finance Corp., 395 U.S. 337, [89 S.Ct. 1820, 23 L.Ed.2d 349] (1969).
Although the Committee is aware of the Eleventh Circuit’s decision in Schiffahartsgesellschaft Leonhardt &Co. v. A. Bottacchi S.A. de Navegacion, 732 F.2d 1543 (1984), the Committee believes that from both a commercial and legal viewpoint, the better practice is to incorporate the pre-seizure scrutiny and post-attachment review provisions provided by this Local Admiralty Rule. These provisions protect the rights of any person claiming an interest in the seized property by permitting such persons to file a claim against the property, and thereafter permitting a judicial determination of the propriety of the seizure.
(b) Comments on Specific Sections. Local Admiralty Rule B(1) codifies the governing law of this Circuit as set forth in LaBanca v. Ostermunchner, 664 F.2d 65 (5th Cir., Unit B, 1981).
Local Admiralty Rule B(2) codifies the verification requirements of Supplemental Rule B(1) and former Local Admiralty Rule 8.
B(3) incorporates the “pre-seizure” and “exigent circumstances” provisions of the August 1, 1985, revision to Local Supplemental Rule B(1). In the routine case, the rule contemplates that issuance of the process of attachment and garnishment be preconditioned upon the exercise of judicial review. This ensures that plaintiff can make an appropriate maritime claim, and present proof that the defendant cannot be found within the District. The rule also contemplates that upon a finding of probable cause, a simple order directing the Clerk of the Court to issue the process shall be entered by the Court.
This rule also incorporates the “exigent circumstances” provision of Supplemental Rule B(1). Read in conjunction with Local Admiralty Rule B(5)(b), this rule requires that the plaintiff carry the burden of proof at any post-attachment proceedings to establish not only the prima facie conditions of a maritime attachment and garnishment action under Supplemental Rule B, but also that “exigent circumstances” precluded judicial review under Local Admiralty Rule B(3)(a). The Committee believes that this additional requirement will place upon plaintiff’s counsel a burden of extra caution before invoking the “exigent circumstance” provision of the rule.
Local Admiralty Rule B(5) establishes the post-attachment review provisions potentially applicable to maritime attachment and garnishment proceedings. These proceedings may be invoked by any person claiming an interest in the seized property.
(2000) Local Admiralty Rule B(7) is amended to give the party seeking entry of a default judgment up to thirty days, rather than five days, to file a motion and supporting legal memorandum.
(2010) Amended to conform tabulation to the style used in the federal rules of procedure.
(2014) Local Admiralty Rule (B)(1) amended to update references to the Federal Rules of Civil Procedure.
ADMIRALTY RULE C | ACTION IN REM
(2) Pre-seizure Requirements. In accordance with Supplemental Rule C(3), the process of arrest in rem shall issue only after one of the following conditions has been met:
Upon receipt of the signed order, the Clerk of the Court shall file the order and, in accordance with Local Admiralty Rule 3(b)(3), issue the warrant of arrest and/or summons. Thereafter the Clerk of the Court may issue supplemental process without further order of the Court.
(ii) Deliver or pay over to the Marshal, the freight, proceeds, and/or intangible property, or a part thereof, sufficient to satisfy plaintiff’s claim.
(b) Requirements for Claims to Prevent the Delivery of Property to the Marshal. Any claim filed in accordance with Supplemental Rule E(4) and Local Admiralty Rule C(5)(a) shall describe the nature of claimant’s interest in the property, and shall articulate reasons why the seizure should be vacated.
(b) Proof of Publication. Plaintiff shall file with the Clerk of the Court proof of publication not later than fourteen (14) days following the last day of publication. It shall be sufficient proof for the plaintiff to file the sworn statement by, or on behalf of, the publisher or editor, indicating the dates of publication, along with a copy or reproduction of the actual publication.
(6) Time for Filing Claim or Answer. Unless otherwise ordered by the Court, any claimant of property subject to an action in rem shall:
(b) File and serve an answer within twenty-one (21) days after the filing of the claim.
The party seeking the entry of default shall also file such other proof sufficient to demonstrate that due notice of the action and arrest have been given by:
(b) Delivery, or by certified mail, return receipt requested (or international effective equivalent), to every other person, including any known owner, who has not appeared or intervened in the action, and who is known to have, or claims to have, a possessory interest in the property.
(b) When Any Person Has Filed an Appearance, But Does Not Join in the Motion for Entry of Default Judgment. If any person has filed an appearance in accordance with Local Admiralty Rule C(6), but does not join in the motion for entry of default judgment, the party seeking the entry of default judgment shall serve notice of the motion upon the party not joining in the motion, and thereafter the opposing party shall have seven (7) days from receipt of the notice to file and serve written opposition with the Court.
Advisory Notes
The desirability of providing by local admiralty rule an available avenue for reasonably prompt and effective post-arrest judicial relief is indicated. See, Merchants Nat’l Bank v. Dredge Gen. G.L. Gillespie, supra, at 1334, 1350. This provision is incorporated in Local Admiralty Rule C(7).
This procedure made available through this rule has proven effective. Maryland Ship Building & Dry-Dock Co. v. Pacific Ruler Corp., 201 F.Supp. 858 (SDNY 1962). In fact, the procedure established by this local rule goes beyond that encountered in Merchants Nat’l Bank v. Dredge Gen. G.L. Gillespie, supra, or Maryland Ship Building & Dry-Dock Co. v. Pacific Ruler Corp., supra.
Under this rule, the claimant or intervenor may petition the Court to order the plaintiff to establish probable cause for the arrest of the property. Therefore at an early stage of the litigation, plaintiff can be required to establish a prima facie case that he is asserting a claim which is entitled to the dignity and status of a maritime lien against the arrested property. This rule contemplates the entry of an order with conclusory findings following the post-arrest proceedings. More detailed findings may be requested by any party.
The rule is not intended to provide a method for contesting the amount of security to be posted for the release of the vessel. Once a prima facie case for the maritime lien has been established, or the question of lien status remains uncontested, the matter of security is left to the provisions of Local Admiralty Rule E.
C(3). Supplemental Rule C(3) also addresses the less commonly encountered action in rem to enforce a maritime lien against freights, proceeds or other intangible property. The revision to this rule designates the United States Marshal to take custody of all tangible and intangible properties arrested in accordance with this rule, and to bring these properties under the control of the Court. This is the practice in many other districts, and when implemented will provide the greatest uniformity in the treatment of tangible and intangible property.
C(4). The substance of former Local Admiralty Rule 3(c) is continued.
C(5). Although this section is new to the local rules, it reflects the current local practice with respect to undertakings and stipulations in lieu of arrest. Such undertakings and stipulations have been held effective to permit a Court to exercise its in rem admiralty jurisdiction so long as either at the time the undertaking or stipulation is given, or at any subsequent time prior to the filing of the action, the vessel or other property is, or will be, present within the District.
C(6). The substance of former Local Admiralty Rule 2(b) is continued.
C(7). See the comments for Local Admiralty Rule C(2).
C(8) and (9). These sections are designed to mesh Supplemental Rule (C) with Federal Rule of Civil Procedure 55. For purpose of default and default judgments, the rule recognizes two distinct groups of in rem claimants.
The first category of claimants include those who by ownership or otherwise, would, but for the arrest of the property, be entitled to its possession. Pursuant to Supplemental Rule C(6), these claimants must file and serve a claim setting forth their interest in the property, demand their right to receive possession, and to appear and defend the action. In the case of such claimants, the operation of standard default procedures foreclose their rights to contest positions of the party in whose favor the default is rendered, and the entry of default judgment is both fair and appropriate.
The second category of claimants embodies a potentially numerous and varying classof claimants. The claims of these other claimants do not give rise to a right of possession of the vessel from the marshal or other appropriate custodian, but rather invoke the power of the Court in admiralty to foreclose against the property by the ultimate rendering of a judgment in rem against property entitlements. Such judgments would be predicated upon non-possessory liens.
The time in which the second category of claimants may intervene is governed by the provisions of Local Admiralty Rule E. Such lien claimants are not obligated, and indeed are probably not entitled to file a claim of possession to the vessel, or to answer and defend in the name of the vessel. As to them, in accordance with Federal Rule of Civil Procedure 8, the essential averments of all the complaints are taken as automatically denied.
No default judgments entered pursuant to this rule will operate to adjudicate priorities among competing non-possessory lien claimants.
In attempting to reconcile the traditional notions of default and default judgments with the concept of in rem proceedings, the final language has been formulated to maintain the efficacy of the default procedure without resulting in premature adjudication effecting priorities and distributions.
The default procedure establishes in favor of the holder of such a default judgment, a lien position against the proceeds of the property, resulting from any sale or disposition, or, if currency is involved, the ultimate adjudication, inferior to all other competing priorities, except the otherwise escheating right of the property owner to the remnants and surpluses after all full-claims satisfactions. At the same time, the right of a person obtaining a default judgment to contend and compete with other claimants for priority distribution remains unaffected.
(2000) Local Admiralty Rule C(9) is amended to give the party seeking entry of a default judgment up to thirty days, rather than five days, to file a motion and supporting legal memorandum.
(2001) Corrections to rule number references.
(2010) Amended to conform tabulation to the style used in the Federal Rules of Civil Procedure.
(2012) Amended to correct tabulation and internal citation errors in C(6) and C(7) and to relocate appendix of forms to the Court’s website.
ADMIRALTY RULE D | POSSESSORY, PETITORY, AND PARTITION ACTIONS
Advisory Notes
The rule recognizes the equity in allowing for a prompt resolution in possessory actions. Since a possessory action is brought to reinstate an owner of a vessel alleging wrongful deprivation of property, rather than to allow original possession, the rule permits the Court to expedite these actions, thereby providing a quick remedy for the one wrongfully deprived of his rightful property. See Silver v. Sloop Silver Cloud, 259 F.Supp. 187 (S.D.N.Y. 1966).
Since a petitory and possessory action can be joined to obtain original possession, The Friendship, Fed.Cas. No. 5,123 (CCD Maine, 1855), this rule contemplates that an expedited hearing will only occur in purely possessory actions.
(2010) Amended to conform tabulation to the style used in the federal rules of procedure.
ADMIRALTY RULE E | ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS
(2) Requirements and Procedures for Effecting Intervention. Whenever a vessel or other property is arrested or attached in accordance with any Supplemental Rule, and the vessel or property is in the custody of the United States Marshal, or duly authorized substitute custodian, any other person having a claim against the vessel or property shall be required to present their claim as indicated below:
Upon receipt of the intervening complaint and supplemental process, the Clerk of the Court shall conform a copy of the intervening complaint and shall issue the supplemental process. Thereafter, the offering party shall deliver the conformed copy of the intervening complaint and supplemental process to the Marshal for execution. Upon receipt of the intervening complaint and supplemental process, the Marshal shall re-arrest or re-attach the vessel or property in the name of the intervening plaintiff.
Counsel for the intervening party shall serve a copy of the intervening complaint, and copies of all process and exhibits upon all other counsel of record, and shall thereafter file and serve a certificate of service with the Clerk of the Court indicating the manner and date of service.
(ii) Include a copy of the anticipated intervening complaint as an exhibit to the motion to intervene.
(iii) Prepare and offer for filing a supplemental warrant of arrest and/or a supplemental process of attachment and garnishment.
(iv) Serve copies of the motion to intervene, with exhibits and proposed supplemental process upon every other party to the litigation.
(v) File and serve a certificate of service indicating the date and manner of service.
Upon receipt of the order permitting intervention, the Clerk of the Court shall file the originally signed intervening complaint, conform a copy of the intervening complaint and issue the supplemental process.
Thereafter, the offering party shall deliver the conformed copy of the intervening complaint and supplemental process to the Marshal for execution. Upon receipt of the intervening complaint and supplemental process, the Marshal shall re-arrest or re-attach the vessel or property in the name of the intervening plaintiff.
Counsel for the intervening party shall also serve a copy of the intervening complaint, exhibits, and supplemental process upon every other party of record and shall thereafter file and serve a Certificate of Service with the Clerk of the Court indicating the manner and date of service.
(5) Deposit of Marshal’s Fees and Expenses Required Prior to Effecting Arrest, Attachment and/or Garnishment.
(b) Proration of Marshal’s Fees and Expenses upon Intervention. When one or more parties intervene pursuant to Local Admiralty Rule E(2)(a) or (b), the burden of advancing sums to the Marshal sufficient to cover the Marshal’s fees and expenses shall be allocated equitably between the original plaintiff, and the intervening party or parties as indicated below:
(ii) Allocation of Costs and Expenses in the Event That Counsel Cannot Stipulate. The Court expects that counsel will resolve the allocation of costs and expenses in accordance with the preceding paragraph. In the event that such an arrangement cannot be made, the parties shall share in the fees and expenses of the Marshal in proportion to their claims as stated in the original and intervening complaints.
Thereafter, counsel for the last intervening plaintiff shall deliver to the Marshal a list which summarizes each party’s claim, and the proportion which each party’s claim bears to the aggregate claims asserted in the litigation, determined to the nearest one-tenth of one percentage point.
Upon receipt of this listing, the Marshal shall determine the total expenses incurred to date and shall estimate the expenses to be incurred during the next fourteen (14) days. For the purpose of making this calculation, the total fees and expenses shall be calculated from the date when continuous and uninterrupted arrest or attachment of the property began, and not prorated from the date a particular party’s intervening complaint was filed.
The Marshal shall then apply the percentages determined in the listing, and shall compute the amount of the intervening party’s initial deposit requirements. The Marshal shall also utilize this listing to compute any additional deposit requirements which may be necessary pursuant to Local Admiralty Rule E(5)(c).
The Marshal need not re-arrest or re-attach the vessel and/or property until the deposit is received from the intervening plaintiff.
(c) Additional Deposit Requirements. Until the property arrested or attached and garnished has been released or otherwise disposed of in accordance with Supplemental Rule E, the Marshal may require from any original and intervening party who has caused the arrest or attachment and garnishment of a vessel or property, to post such additional deposits as the Marshal determines necessary to cover any additional estimated fees or expenses.
(d) Judicial Relief from Deposit Requirements. Any party aggrieved by the deposit requirements of Local Admiralty Rule E(5)(b) may apply to the Court for relief. Such application shall be predicated upon a showing that owing to the relative priorities of the claims asserted against the vessel or other property, the deposit requirements operate to impose a burden disproportionate to the aggrieved party’s recovery potential.
In the event that a party questions its obligations to advance monies required by this rule, the Marshal may apply to the Court for instructions concerning that party’s obligation under the rule.
(b) When Intervention Is Subsequently Required. It is the intention of these rules that a vessel or other property should be arrested or attached pursuant to process issued and effected in only one civil action. Therefore, if while process is held in abeyance on one action, the vessel or property is arrested or attached in another action, it shall be the responsibility of the plaintiff who originally requested process be held in abeyance in the first action to voluntarily dismiss without prejudice the first action, insofar as that action seeks to proceed against the property arrested or attached in the second action, and promptly intervene in the second action pursuant to Local Admiralty Rule E(2)(a) or (b).
(8) Release of Property in Accordance With Supplemental Rule E(5).
The stipulation or bond shall be conditioned to abide by all orders of the Court, and to pay the amount of any final judgment entered by this Court or any appellate Court, with interest. This provision applies regardless of whether any vessel, cargo, or property has been detained.
(ii) Actions other than Possessory, Petitory or Partition. Unless otherwise ordered by the Court, the amount of the appraised or agreed value of the property seized, with interest. If an appraised value cannot be agreed upon by the parties, the Court shall order an appraisal in accordance with Local Admiralty Rule F(3).
The stipulation or bond shall be conditioned to abide by all orders of the Court, and to pay the amount of any final judgment entered by this Court or any appellate Court, with interest.
The person consenting or stipulating to the release shall also file a claim in accordance with Local Admiralty Rule E(2)(a) or (b).
(iii) Possessory, Petitory or Partition Actions. The Marshal may release property in these actions only upon order of Court, and upon the subsequent deposit of security and compliance with such terms and/or conditions as the Court deems appropriate.
However, as a precondition to the release, the Marshal shall require a stipulation, bond, or other security, as specified in Local Admiralty Rule E(8)(a)(i), (ii), or (iii), as appropriate.
(c) Upon the Dismissal or Discontinuance of an Action. By coordinating with the Marshal to ensure that all costs and charges of the Court and its officers have first been paid.
(d) Release Subsequent to the Posting of a General Bond.
(ii) Responsibility for Maintaining a Current Listing of General Bonds. The Clerk of the Court shall maintain a current listing of all general bonds. This listing should be maintained in alphabetical order by name of the vessel. The listing will be available for inspection during normal business hours.
(iii) Execution of Process. The arrest of a vessel covered by a general bond shall be stayed in accordance with Supplemental Rule E(5)(b), however, the Marshal shall serve a copy of the complaint upon the master or other person in whose charge or custody the vessel is found. If neither the master nor another person in charge of custody is found aboard the vessel, the Marshal shall make the return accordingly.
(2) nature of the action and the amount claimed;
(3) the plaintiff and name and address of plaintiff’s attorney; and
(4) the return date for filing a claim.
(10) Custody and Safekeeping.
(c) Procedures for Changing Custody Arrangements. Any party may petition the Court to dispense with keepers, remove or place the vessel, cargo and/or other property at a specified facility, designate a substitute custodian for the vessel or cargo, or for other similar relief. The motion shall substantially conform in format and content to the form identified as SDF 5 on the Court’s website (www.flsd.uscourts.gov).
(ii) Indemnification Requirements. Any motion for the appointment of a substitute custodian or facility shall include as an exhibit to the motion, a consent and indemnification agreement signed by both the filing party, or the filing party’s attorney, and the proposed substitute custodian.
The consent and indemnification agreement shall expressly release the Marshal from any and all liability and responsibility for the care and custody of the property while in the hands of the substitute custodian; and shall expressly hold the Marshal harmless from any and all claims whatsoever arising from the substitute custodianship. The agreement shall substantially conform in format and content to the form identified as SDF 6 on the Court’s website (www.flsd.uscourts.gov).
(iii) Court Approval Required. The motion to change custody arrangements, and indemnification and consent agreement shall be referred to a judicial officer who shall determine whether the facility or substitute custodian is capable of safely keeping the vessel, cargo and/or property.
The insurance shall also protect the Marshal and the Marshal’s deputies or agents from any liability arising from performing services undertaken to protect the vessel, cargo and/or property while that property is in the custody of the Court.
(ii) Payment of Insurance Premiums. It shall be the responsibility of the party applying for the arrest or attachment of a vessel, cargo and/or property to promptly reimburse the Marshal for premiums paid to effect the necessary insurance.
The party applying for change in custody arrangements shall be responsible for paying the Marshal for any additional premium associated with the change.
(iii) Taxation of Insurance Premiums. The premiums charged for the liability insurance will be taxed as an expense of custody while the vessel, cargo and/or property is in custodia legis.
(c) Expenses for Care and Maintenance of a Crew. Except in an emergency, or upon the authorization of a judicial officer, neither the Marshal nor substitute custodian shall incur expenses for feeding or otherwise maintaining the crew.
Such applications must be filed and served within thirty (30) days from the date of the vessel’s initial seizure. Otherwise, except in the case of an emergency, such applications shall be filed and served upon all parties, who in turn shall have fourteen (14) days from receipt of the application to file and serve a written response, beginning on the next calendar day, including Saturday, Sunday, or a legal holiday.
Expenses for feeding or otherwise maintaining the crew, when incurred in accordance with this subsection, shall be taxed as an expense of administration and not as an expense of custody.
(e) Claim by a Supplier for Payment of Charges. Any person who claims payment for furnishing services or supplies in compliance with Local Admiralty Rule E(11), shall submit an invoice to the Marshal’s Office for review and approval.
The Marshal shall review the claim, make adjustments or recommendations to the claim as are appropriate, and shall thereafter forward the claim to the Court for approval. The Court may postpone the hearing on an individual claim until a hearing can be set to consolidate other claims against the property.
Any person claiming entitlement to possession of property incidentally taken into custody shall be required, as a precondition of receiving possession, to reimburse the Marshal for such separately accounted expenses. Monies received by the Marshal will be credited against both the expense of custody and administration.
(b) Costs of Arrest or Attachment. If costs are awarded to any party, then all reasonable expenses paid by the prevailing party incidental to, or arising from the arrest or attachment of any vessel, property and/or cargo shall be taxed as costs in the case.
(b) Stays Beyond the Fourteen Day Period. If within the fourteen (14) day period established by Federal Rule of Civil Procedure 62(a), a party files any of the motions contemplated in Federal Rule of Civil Procedure 62(b), or a notice of appeal, then unless otherwise ordered by the Court, a further stay shall exist for a period not to exceed thirty (30) days from the entry of the judgment or order. The purpose of this additional stay is to permit the Court to consider an application for the establishment of a supersedeas bond and to order the date upon which the bond shall be filed with the Court.
(b) Duration of Publication. Unless otherwise ordered by the Court, applicable Supplemental Rule, or Local Admiralty Rule, publication of the notice of sale shall be made at least twice; the first publication shall be at least fourteen (14) days prior to the date of the sale, and the second at least seven (7) days prior to the date of the sale.
(ii) If the Bid Is More Than $500.00. The bidder shall immediately deposit with the Marshal $500.00, or ten percent of the bid, whichever sum is greater. Thereafter the bidder shall pay the remaining purchase price within seven (7) days.
(b) Method of Payment. Unless otherwise ordered by the Court, payments to the Marshal shall be made in cash, certified check or cashier’s check.
(c) Custodial Costs Pending Payment. When a successful bidder fails to pay the balance of the bid within the time allowed by Local Admiralty Rule E(17)(a)(ii), or within the time permitted by order of the Court, the Marshal shall charge the successful bidder for the cost of keeping the property from the date payment of the balance was due, to the date the bidder takes delivery of the property.
(f) Confirmation of Sale. Unless an objection is timely filed in accordance with this rule, or the purchaser is in default for failing to pay the balance of the purchase price, plaintiff shall proceed to have the sale confirmed on the day following the last day for filing objections.
Unless otherwise ordered by the Court, if the plaintiff fails to timely file the “Request for Confirmation of Sale” and proposed “Confirmation of Sale,” the Marshal shall assess any continuing costs or expenses for custody of the vessel or property against the plaintiff.
The Court shall consider the objection, and any opposition to the objection, and shall confirm the sale, order a new sale, or grant other relief as appropriate.
(ii) Deposit of Preservation or Maintenance Costs. In addition to filing and serving written objections, any person objecting to the sale shall also deposit with the Marshal the cost of keeping the property for at least fourteen (14) days. Proof of the deposit with the Marshal’s Office shall be delivered to the Clerk of the Court’s Office by the moving party. The Court will not consider the objection without proof of this deposit.
If the objection is sustained, the objector will be reimbursed for the expense of keeping the property from the proceeds of any subsequent sale, and any remaining deposit will be returned to the objector upon Court order.
If the objection is denied, the sum deposited by the objector will be applied to pay the fees and expenses incurred by the Marshal in keeping the property from the date the objection was filed until the sale is confirmed. Any remaining deposit will be returned to the objector upon order of Court.
Advisory Notes
Local Admiralty Rule E(2). This section is new. The rules do not require an intervening plaintiff to undertake the formal steps required to issue the original process of arrest or attachment pursuant to Local Admiralty Rule B(3) or C(2); rather the Committee believes that intervening parties need only apply for supplemental process, which in accordance with the August 1, 1985, amendments to Supplemental Rule B and C, may be issued by the Clerk of the Court without further order of the Court. The Committee recommends the re-arrest or re-attachment provisions of this rule in order to accommodate the administrative and records keeping requirements of the Marshal’s Office.
The revision also reflects the elimination of the initial security deposit formerly required by Local Admiralty Rule 5(e). The Marshal shall, however, assess custodial costs against the intervening plaintiff in accordance with Local Admiralty Rule E(5)(b).
Local Admiralty Rule E(3). This section continues the provisions of former Local Rule 7(e).
Local Admiralty Rule E(4). This section continues the provisions of former Local Rule 6.
Local Admiralty Rule E(5). The Marshal, as an officer of the Court whose fiscal affairs are regulated by statute and order, is precluded by law from expending funds of the United States to maintain custody of vessels or other property pursuant to claims being asserted by the several states, any foreign sovereigns, or any private parties. This prohibition extends to incurring obligations which, if not satisfied, otherwise might be asserted as a claim against the United States. Consequently, before undertaking to arrest or attach property, the Marshal must receive funds in advance of incurring such obligations sufficient to satisfy them.
Past experience indicates that not infrequently vessels or other properties arrested for nonpayment of incurred obligations will be ultimately sold for satisfaction, to the extent possible, of pending claims. In such cases, substitute security is never given, and the property must be retained in custody for a sufficient period of time to permit the Court to determine the status of the situation and to order appropriate procedures. In such instances, custodial costs tend to be substantial and, by the very nature of the circumstances, the claimants and potential claimants can be both large in number and will vary markedly in the amounts of their respective individual claims. Apportioning the obligation to make advances against custodial costs over this range of claims and claimants has resulted in frequent calls for judicial intervention.
It was the Committee’s view that a system initially self-executing and ministerial would minimize situations calling for judicial intervention while affording the Marshal the protection of assured and certain procedures. At the same time, the Committee was strongly of the opinion that the rules should do substantial equity as between claims showing wide variation in amounts and potential priorities and, at the same time, should be so structured as to require all potential claimants to come forward and share in the cost of custody, discouraging the sometime practice of claimants’ waiting to intervene until the last moment in order to allow other parties to bear the burdens of making such advances.
A concern was expressed about the position of parties having large, but clearly inferior claims, who, in equity should not be required to share on a prorated value-of-the-claim-asserted basis with claimants who have obvious priority. A typical example of such a situation would involve a mortgagee of a foreign-flag vessel appearing as a claimant in an action along with lien claimants alleging to have supplied necessaries to a vessel in ports of the United States, the mortgagee’s position being subordinated by virtue of Title 46, United States Code, Section 951. After considering all possible alternatives, it was obvious that this limited range of situations could not be addressed through a mechanism for automatic administration and, consequently, the provision providing for judicial relief in the event of hardship or inequity was included.
Local Admiralty Rule E(6). Section (6) is new. It reflects the approach embodied in the local rules of those districts which have addressed the question of properties subject to arrest but already in the possession of an officer of the United States.
Local Admiralty Rule E(7). The provisions of Section (7) are new. Paragraph (a), following rules promulgated in other districts, states what is understood by the Advisory Committee to have been the practice in this District. Paragraph (b) is designed to mesh the concept of process held in abeyance with the requirements of Local Admiralty Rule E(2) regarding intervening claims, and is designed to foreclose the possibility of a vessel or other property being arrested or attached in the District as a result of more than one civil action. Since under Local Rule 5(b), the automatic, permissive intervention is not triggered until the vessel or other property has been arrested, attached or seized, a suit in rem in which process is held in abeyance will not form the basis for such an intervention. On the other hand, once the property is arrested, attached or seized, the issuance of process in the earlier suit would be destructive of the “only one civil action” concept, and, consequently paragraph (b) requires a party whose process was held in abeyance to refile and re- serve as an intervenor pursuant to Local Admiralty Rule E(2), making provision for the proper disposition of the earlier action.
Local Admiralty Rule E(8). Section (8) continues the provisions of former Local Rule 11.
Local Admiralty Rule E(9). Section (9) is new. The provisions of Section (j) are expressly authorized by Supplemental Rule E(6) and offer some potential relief from the automatic operations and other provisions of Supplemental Rule E regarding security for value and interest. The decision in Industria Nacional del Papel, C.A. M V Albert F., 730 F.2d 622 (11th Cir. 1984), indicates that such an application must be made prior to the entry of judgment.
Local Admiralty Rule E(10). Section (10) is new. It is designed to reflect the actual practice in the District, and follows the rules promulgated in several other districts. In formulating this Local Admiralty Rule, the Committee studied Section 6.3 of the “Marshal’s Manual,” the internal operating guide for the United States Marshal’s Service. Section 10(b) was amended in 1998 to permit substitute custodians to move arrested vessels, pursuant to an order of the United States Coast Guard Captain of the Port (“COTP”), without first obtaining permission from the Court. The change was prompted by instances where substitute custodians declined to obey a COTP order to move an arrested vessel, citing Local Admiralty Rule E(10)(b) and its requirement that Court permission be first obtained. Any movement of a vessel pursuant to a COTP order must not take the vessel out of the District. A corresponding change was made in Form 5, paragraph(5).
Local Admiralty Rule E(11). Section (11) is new. It addresses areas which in recent litigation in the District have called excessively for interim judicial administration. While the subject matter is covered in the rules promulgated in other districts, Section (11) differs from the approach of other districts in providing for a more positive control of expenses being incurred in connection with vessels or other property in the custody of the Court, and is designed to avoid accumulated costs being advanced for the first time well after having been incurred.
Local Admiralty Rule E(12). Section (12) is new. It addresses a situation which has arisen in the District in the past and which can be foreseen as possibly arising in the future. While the subject is not addressed in other local rules studied by any oft-cited leading cases, it was the opinion of the Advisory Committee that the area should be addressed by Local Admiralty Rule and that the provisions of Section (12) are both consistent with the general maritime laws of the United States and designed to permit efficient administration without the necessity for undue judicial intervention. As with the claims of intervenors and the allocation of deposits against custodial costs, the provisions of Section (12), in keeping with the design of these Local Admiralty Rules, are intended to be essentially self-executing, with the emphasis on the ministerial role of Court officers and services.
Local Admiralty Rule E(13). Section (13) continues the provisions of former Local Rule 17(a). It follows Federal Rule of Civil Procedure 41, and addresses the necessarily greater concern for costs and expenses inherent in the in rem admiralty procedure.
Local Admiralty Rule E(14). Section (14) continues the provisions of former Local Rule 13.
Local Admiralty Rule E(15). Section (15) incorporates the provisions of former Local Rule 14.
Local Admiralty Rule E(16) and (17). The provisions of former Local Rule 4 have been expanded to provide a standardized procedure governing sales of property, which procedure the Court, at its option, may utilize, in whole or in part, thus shortening and simplifying orders related to sales and accompanying procedures.
Local Admiralty Rule E(18). Consistent with the provision of Local Admiralty Rule E(2), this section gives express notice of the distinct positions of claims pre-sale and post-sale.
(2010) Local Admiralty Rule E(16)(b). The dates of publication were changed to conform with the 2009 changes to the deadline calculations of the Federal Rules.
(2014) Local Admiralty Rule (E)(17) was amended to clarify that forms referenced in the rule are found on the Court’s website rather than in the Appendix.
ADMIRALTY RULE F | ACTIONS TO LIMIT LIABILITY
order that all persons asserting claims with respect to which the complaint seeks limitation to file and serve their respective claims pursuant to Supplemental Rule F(4);
order that public notice be effectuated by the plaintiff pursuant to Supplemental Rule F(4); and
approve the Ad Interim Stipulation of Value or other form of deposit, transfer or security if it meets the requirements of Supplemental Rules F(1) and F(2).
(2) Proof of Publication. Plaintiff shall file and serve proof of publication of the notice to claimants with the Court within seven (7) days after the date fixed by the Court pursuant to Supplemental Rule F(4). It shall be sufficient proof for plaintiff to file and serve the sworn statement or a declaration pursuant to 28 U.S.C. §1746 by, or on behalf of, the publisher or editor, indicating the dates of publication, along with a copy or reproduction of the actual publication.
(3) Security and Appraisals Pursuant to Supplemental Rule F(7). Upon the filing and serving of a claimant’s motion pursuant to Supplemental Rule F(7) demanding an increase in the funds deposited in Court or the security given by plaintiff, the Court shall order an appraisement of the value of the plaintiff’s interest in the vessel and pending freight.
The appraiser shall promptly conduct an appraisal and thereafter file the appraisal with the Clerk of the Court and serve a copy of the appraisal upon the moving party and the plaintiff. The appraiser shall also file and serve a Certificate of Service indicating the date and manner in which service was perfected.
At such time that the parties agree to the quantum of the plaintiff’s Ad Interim Stipulation of Value, deposit or security, or alternatively, the Court finds that the plaintiff’s Ad Interim Stipulation of Value is insufficient or excessive, the Court shall order that a deposit or security be effectuated for the amount agreed by the parties or the amount found by the Court to be sufficient, after the date for objections to the appraisal under Supplemental Rule F(4) has passed and the Court has ruled on the objections. The Joint Stipulation of the Parties as to the Value of the Vessel shall substantially conform to the form identified as SDF 18 on the Court’s website (www.flsd.uscourts.gov).
(5) Fees of the Appraiser. The Court shall establish the fee to be paid the appraiser. Unless otherwise ordered by the Court, the fee shall be taxed against the party seeking relief under Supplemental Rule F(7).
(6) Order of Proof at Trial. In an action where plaintiff seeks to limit liability, the claimants shall offer their proof at trial first, whether the right to limit arises as a claim or as a defense.
Advisory Notes
Local Admiralty Rule F(2). The Advisory Committee determined that filing proof of publication with the Clerk of the Court was essential in order to establish an adequate record of the publication.
Local Admiralty Rule F(3). This section continues in substance the provisions of former Local Admiralty Rule 10.
(2010) Local Admiralty Rule F(1). The Advisory Committee determined that the publication of the notice without court order did not meet the self-executing aspect of the rule as contemplated in 1993.
Amended to conform tabulation to the style used in the federal rules of procedure.
Local Admiralty Rule F(2). The advisory Committee believes that the previous language “not later than the return date” was vague. The language was changed to remove any confusion on the definition of “return date” and the time by which the plaintiff is required to file the proof of publication. The addition of the language “or a declaration pursuant to 28 U.S.C. §1746" was added to deal with any exigent circumstances.
Local Admiralty Rule F(3). The Advisory Committee determined that while the previous Local Rule references a claimant’s demand for an increase, it fails to consider instances where the claimants accept the plaintiff’s Ad Interim Stipulation of Value, obviating the need to post further security.
Local Admiralty Rule F(6). The Maritime Law Association of the United States (“MLA”) has approved Model Local Admiralty Rules dated May 2, 2008. The Advisory Committee has adopted MLA Model Local Admiralty Rule F(2) because the Committee believes that although petitioners in limitation of liability proceedings are the plaintiffs, in practice they are defending claims of claimants and therefore the claimants should offer proof at trial first.
MAGISTRATE RULE 1 | AUTHORITY OF UNITED STATES MAGISTRATE JUDGES
(2) Administer oaths and affirmations, impose conditions of release under 18 U.S.C. §3146, and take acknowledgments, affidavits, and depositions; and
(3) Conduct extradition proceedings, in accordance with 18 U.S.C. §3184.
(2) Direct the Probation Office of the Court to conduct a presentence investigation in any misdemeanor case; and
(3) Conduct a jury trial in any misdemeanor case where the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States.
(d) Recommendations Regarding Case–Dispositive Motions - 28 U.S.C. §636(b)(1)(B).
(B) Motions for judgment on the pleadings;
(C) Motions for summary judgment;
(D) Motions to dismiss or permit the maintenance of a classaction;
(E) Motions to dismiss for failure to state a claim upon which relief may be granted;
(F) Motions to involuntarily dismiss an action;
(G) Motions for review of default judgments;
(H) Motions to dismiss or quash an indictment or information made by a defendant; and
(I) Motions to suppress evidence in a criminal case.
(f) Prisoner Cases Under 42 U.S.C. §1983. A Magistrate Judge may issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding and shall submit to a District Judge a report containing proposed findings of fact and recommendation for the disposition of petitions filed by prisoners challenging the conditions of their confinement.
(g) Special Master References. A Magistrate Judge may be designated by a District Judge to serve as a special master in appropriate civil cases in accordance with 28 U.S.C. §636(b)(2) and Federal Rule of Civil Procedure 53. Upon the consent of the parties, a Magistrate Judge may be designated by a District Judge to serve as a special master in any civil case, notwithstanding the limitations of Federal Rule of Civil Procedure 53(b).
(h) Conduct of Trials and Disposition of Civil Cases Upon Consent of the Parties – 28 U.S.C. §636(c). Upon the consent of the parties, a full-time Magistrate Judge may conduct any or all proceedings in any civil case which is filed in this Court, including the conduct of a jury or nonjury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. §636(c). In the course of conducting such proceedings upon consent of the parties, a Magistrate Judge may hear and determine any and all pre-trial and post-trial motions which are filed by the parties, including case-dispositive motions.
(i) Other Duties. A Magistrate Judge is also authorized to -
(2) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in civil and criminal cases;
(3) Conduct arraignments in criminal cases not triable by the Magistrate Judge and take not guilty pleas in such cases;
(4) Receive grand jury returns in accordance with Federal Rule of Criminal Procedure 6(f);
(5) Accept waivers of indictment, pursuant to Federal Rule of Criminal Procedure 7(b);
(6) Conduct voir dire and select petit juries for the Court;
(7) Accept petit jury verdicts in civil cases in the absence of a District Judge;
(8) Conduct necessary proceedings leading to the potential revocation of probation;
(9) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses or evidence needed for Court proceedings;
(10) Order the exoneration or forfeiture of bonds;
(11) Conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. §1484(d);
(12) Conduct examinations of judgment debtors in accordance with Federal Rule of Civil Procedure 69;
(13) Conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act;
(14) Perform the functions specified in 18 U.S.C. §§4107, 4108 and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein;
(15) Preside at naturalization hearings and ceremonies; and
(16) Perform any additional duty as is not inconsistent with the Constitution and laws of the United States.
MAGISTRATE RULE 2 | ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES
No specific order of reference shall be required except as otherwise provided in these Magistrate Judge Rules.
Nothing in these Magistrate Judge Rules shall preclude a District Judge from reserving any proceeding for conduct by a District Judge rather than a Magistrate Judge.
MAGISTRATE RULE 3 | PROCEDURES BEFORE THE MAGISTRATE JUDGE
(b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent of the Parties - Title 28, United States Code, Section 636(c).
(2) Execution of Consent. The Clerk of the Court shall not accept a consent form unless it has been signed by all the parties in a case. The plaintiff shall be responsible for securing the execution of a consent form by the parties and for filing such form with the Clerk of the Court, and serving the executed consent form on all parties. No consent form will be made available, nor will its contents be made known, to any District Judge or Magistrate Judge, unless all parties have consented to the reference to a Magistrate Judge. No Magistrate Judge, District Judge, or other Court official may attempt to persuade or induce any party to consent to the reference of any matter to a Magistrate Judge. This rule, however, shall not preclude a District Judge or Magistrate Judge from informing the parties that they may have the option of referring a case to a Magistrate Judge.
(3) References. After the consent form has been executed, filed and served, the Clerk of the Court shall transmit it to the District Judge to whom the case has been assigned for consideration of approval and possible referral of the case to the Magistrate Judge assigned to the case, by specific order of reference. Once the case has been assigned to that Magistrate Judge, the Magistrate Judge shall have the authority to conduct any and all proceedings to which the parties have consented and to direct the Clerk of the Court to enter a final judgment in the same manner as if a District Judge had presided.
MAGISTRATE RULE 4 | REVIEW AND APPEAL
(2) Government Appeal of Release Order. At the conclusion of a hearing pursuant to 18 U.S.C. §3142 in which a Magistrate Judge has entered an order granting pretrial release, the government may make an ore tenus motion that the Magistrate Judge exercise discretion to stay the release order for a reasonable time, to allow the government to pursue review or appeal of the release order, in accordance with 18 U.S.C. §3145.
(b) Review of Case-Dispositive Motions and Prisoner Litigation - 28 U.S.C. §636(b)(1)(B). Any party may object to a Magistrate Judge’s proposed findings, recommendations or report under subsections 1(d), (e), and (f) of these rules, supra, within fourteen (14) days after being served with a copy thereof, or within such other time as may be allowed by the Magistrate Judge or District Judge. Such party shall file with the Clerk of the Court, and serve on all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made, the specific basis for such objections, and supporting legal authority. Any party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof, or within such other time as may be allowed by the Magistrate Judge or District Judge. Absent prior permission from the Court, no party shall file and serve any objections or responses to another party’s objections exceeding twenty (20) pages in length. A District Judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. The District Judge, however, need conduct a new hearing only in his discretion or where required by law, and may consider the record developed before the Magistrate Judge, making his own determination on the basis of that record. The District Judge may also receive further evidence, recall witnesses, or recommit the matter to the Magistrate Judge with instructions.
(c) Special Master Reports — 28 U.S.C. §636(b)(2). Any party may seek review of, or action on, a special master report filed by a Magistrate Judge in accordance with the provisions of Federal Rule of Civil Procedure 53(e).
(d) Appeal From Judgments in Misdemeanor Cases — 18 U.S.C. §3402 [Deleted]. Replaced by Federal Rule of Criminal Procedure 58.
(e) Appeal From Judgments in Civil Cases Disposed of on Consent of the Parties — 28 U.S.C. §636(c).
(2) Appeal to a District Judge [Deleted]. See Pub.L. No. 104-317 §207, 110 Stat. 3847 (Oct. 19, 1996) (repealing 28 U.S.C. §636(c)(4) and(5).
LAWYER RULE 1 | QUALIFICATIONS FOR ADMISSION
LAWYER RULE 2 | PROCEDURE FOR APPLYING FOR ADMISSION AND PROOF OF QUALIFICATIONS
LAWYER RULE 3 | RETENTION OF MEMBERSHIP IN THE BAR OF THIS COURT
LAWYER RULE 4 | APPEARANCES
(b) Appearance Pro Hac Vice.
(2) Lawyers who are not members of the bar of this Court shall not be permitted to engage in general practice in this District. For purposes of this rule, the filing of more than three motions to appear pro hac vice within a 365-day period in separate representations before the Courts of this District shall be presumed to be a “general practice.” Upon written motion and for good cause shown the Court may waive or modify this prohibition.
(3) The pro hac vice motion shall designate at least one member of the bar of this Court and who is authorized to file through the Court’s electronic filing system, with whom the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served, and who shall be required to electronically file and serve all documents and things that may be filed and served electronically, and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures. The pro hac vice motion must be accompanied by a written statement consenting to the designation, and the address and telephone number of the named designee(s). Upon written motion and for good cause shown the Court may waive or modify the requirements of such designation.
(d) Government Attorneys. Any full-time United States Attorney, Assistant United States Attorney, Federal Public Defender and Assistant Federal Public Defender and attorney employed full time by and representing the United States government, or any agency thereof, and any Attorney General and Assistant Attorney General of the State of Florida may appear and participate in particular actions or proceedings on behalf of the attorney’s employer in the attorney’s official capacity without petition for admission. Any attorney so appearing is subject to all rules of this Court.
LAWYER RULE 5 | STUDENT PRACTICE
(b) Student Requirements. An eligible student must:
(2) have completed at least four semesters of legal studies or the equivalent or, for Bankruptcy Clinical Placement Program students seeking to practice in Bankruptcy Court, at least two semesters of legal studies or the equivalent;
(3) have knowledge of the Federal Rules of Civil and Criminal Procedure and of Evidence, and the Code of Professional Responsibility;
(4) be enrolled for credit in a law school clinical program which has been certified by the Court;
(5) be certified by the Dean of the law school, or the dean’s designee, as being of good character and sufficient legal ability, and as being adequately trained, in accordance with paragraphs (1)—(4) above, to fulfill his or her other responsibilities as a legal intern to both his or her client and the Court;
(6) be certified by the Court to practice pursuant to this Rule;
(7) neither ask for nor receive any compensation or remuneration of any kind for the student’s services from the person on whose behalf the student renders services, but this shall not prevent a lawyer, legal aid bureau, law school, public defender agency, or the state from paying compensation to the eligible law student (nor shall it prevent any agency from making such charges for its services as it may otherwise properly require).
(2) must be certified by the Court;
(3) must be conducted in such a manner as not to conflict with normal Court schedules;
(4) must be under the direction of a member or members of the regular or adjunct faculty of the law school;
(5) must arrange for the designation and maintenance of an office in this District to which may be sent all notices which the Court may from time to time have occasion or need to send in connection with this Rule or any legal representation provided pursuant to this Rule.
(2) be a member in good standing of the bar of this Court;
(3) be certified by the Court as a student supervisor;
(4) be present with the student when required by the Court;
(5) co-sign all pleadings or other documents filed with this Court;
(6) assume full personal professional responsibility for a student’s guidance in any work undertaken and for the quality of a student’s work, and be available for consultation with represented clients;
(7) assist the student in his preparation to the extent the supervising attorney considers it necessary.
(B) Certification to appear in a particular case may be withdrawn by the Court at any time, in the discretion of the Court, and without any showing of cause. Notice of termination may be filed with the Clerk of the Court.
(B) Certification of a program may be withdrawn by the Court at the end of any academic year without cause, or at any time, provided notice stating the cause for such withdrawal is furnished to the law school dean.
(B) Certification of a supervising attorney may be withdrawn by the Court at the end of any academic year without cause, or at any time upon notice and a showing of cause;
(C) Certification of a supervising attorney may be withdrawn by the dean at any time by mailing of notice to that effect to the Clerk of the Court;
(D) Any Judge of this Court retains the authority to withdraw or limit a supervising attorney’s participation in any individual case before the Judge.
(2) The Board of Governors of The Florida Bar shall fix the standards by which indigency is determined under this Rule upon the recommendation of the largest voluntary bar association located in the state judicial circuit in which this program is implemented.
(3) In addition, an eligible law student may engage in other activities, under the general supervision of a member of the bar of this Court, but outside the personal presence of that lawyer, including:
(B) preparation of briefs, abstracts and other documents to be filed in appellate courts, but such documents must be signed by the supervising attorney;
(C) except when the assignment of counsel in the matter is required by any constitutional provision, statute or rule of this Court, assistance to indigent inmates of correctional institutions or other persons who request such assistance in preparing applications for and supporting documents for post-conviction relief. If there is an attorney of record in the matter, all such assistance must be supervised by the attorney of record, and all documents submitted to the Court on behalf of such a client must be signed by the attorney of record;
(D) each document or pleading must contain the name of the eligible law student who has participated in drafting it. If the student participated in drafting only a portion of it, that fact may be mentioned.
LAWYER RULE 6 | COMMITTEE ON ATTORNEY ADMISSIONS, PEER REVIEW, AND ATTORNEY GRIEVANCE
(b) Purpose. Subject to the direction of the Court, the Committee shall have the authority and perform the functions assigned by these Rules and shall otherwise assist the Court in the implementation and evaluation of these Rules. The Committee may under no circumstances initiate and investigate such matters without prior referral by the Court.
(2) Attorney Discipline. The other primary function of the Committee shall be to conduct investigations of alleged misconduct of any attorney — whether a member of the Bar of this Court or not; to conduct and preside over disciplinary hearings when appropriate and as hereinafter provided; and to submit written findings and recommendations for appropriate action by the Court, except as otherwise described herein.
(B) Discipline. Discipline for misconduct defined in these Rules may consist of (1) disbarment, (2) suspension, (3) reprimand, (4) monetary sanctions, (5) removal from this Court’s roster of attorneys eligible for practice before this Court, or (6) any other sanction the Court may deem appropriate.
(C) Court’s Retention of Inherent Power. Nothing contained in these Rules shall be construed to deny the Court its inherent power to maintain control over the proceedings conducted before it or to deny the Court those powers derived from statute, rule, or procedure. When alleged attorney misconduct is brought to the attention of the Court, whether by a Judge of the Court, any lawyer admitted to practice before the Court, any officer or employee of the Court, the Supreme Court of Florida, or otherwise, the Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition; refer the matter to the Committee; or take any other action the Court deems appropriate. These procedures are not mutually exclusive.
(b) whose acts or omissions may violate the Standards for Professional Conduct (See Rule 6(b)(2)(A)).
(2) Investigation and Proceedings. Promptly after receipt of such a referral the Chairperson of the Committee shall select an Investigative Committee consisting of at least three members of the Committee. The Investigative Committee may request that the attorney meet with it informally to explain the circumstances which gave rise to the referral and may conduct such inquiries as it deems appropriate. Following the initial inquiry, the Investigative Committee shall report its findings and recommendations to the Committee and the Committee may, at its discretion, further investigate, including but not limited to having the attorney appear before the Committee. If the Committee determines that additional investigation is not warranted the Committee shall document the findings in writing and close the investigation. No further action shall be taken unless the Court takes exception to the findings. Upon closing a matter the Chairman shall notify the referring Judge, Chief Judge, Clerk of Court, and the attorney. Otherwise the matter shall proceed to peer review or disciplinary proceedings as further described in subsections (A) and (B) below.
ii. If the attorney objects to the Committee’s findings or recommendations, the attorney shall have the right to, within fourteen (14) days of receipt of the Committee’s findings and recommendations, serve a written response seeking revision or revocation of, or suggesting alternatives to, the findings or proposed recommendations. The Committee shall consider the attorney’s response and thereafter shall issue its final Report and Recommendation to the Court.
iii. The Committee is authorized to monitor the attorney’s progress to ensure that it is consistent with the Court’s Order adopting the Committee’s Report and Recommendation, in whole or in part, and may make such interim reports or periodic reports relative to its activities as requested by the Court. Upon completion of the Committee’s activities in respect to each attorney referred by the Court, the Committee may file and serve a supplemental Report and Recommendation to the Court. The Supplemental Report and Recommendation shall include documentation as to the Committee’s evaluation, testing, or other appropriate means used to determine whether the attorney has attained an adequate level of competency or if the attorney fails to achieve an adequate level of competency within a reasonable time. If the Committee finds that the attorney has not complied with the Court’s order and there is a substantial likelihood that the attorney’s continued practice of law may result in serious harm to the attorney’s clients, the Committee may undertake disciplinary proceedings pursuant to section (B), infra.
(2) its proposed recommendations as to the disciplinary measures to be applied by the Court.
iii. If the attorney does not serve a written response within fourteen (14) days, the Committee shall file and serve its Report and Recommendation with the Court, noting that the attorney failed to respond, and shall apply to the Court for the issuance of an order requiring the attorney to show cause within fourteen (14) days after service of that order why the attorney should not be disciplined.
iv. If the attorney serves a written response and requests a hearing, the Committee may, in its discretion, hold a hearing. If no hearing is requested, the Committee shall review the response and make a final Report and Recommendation to the Court. If the attorney fails to appear at the hearing, then the Committee shall take the steps outlined in subsection (B)(iii), supra. If the attorney does appear for the hearing, the attorney shall be entitled to be represented by counsel, to present witnesses and other evidence on his or her behalf, and to confront and cross examine witnesses against the attorney. The attorney does not have the right to confront or cross examine members of the Court or members of the Committee. The disciplinary proceedings before the Committee shall be guided by the Federal Rules of Evidence. The Committee may call the accused attorney as a witness to make specific and complete disclosure of all matters material to the charge of misconduct unless the attorney asserts a privilege or right properly available to the attorney under applicable federal or state law. Upon the conclusion of the hearing, the Committee shall file and serve a final Report and Recommendation to the Court.
v. Upon receipt of the Committee’s final Report and Recommendation, the Chief Judge shall issue an order requiring the attorney to show cause within fourteen (14) days why the Committee’s final Report and Recommendation should not be adopted by the Court. The Chief Judge may, after considering the attorney’s response, by majority vote of the active District Judges thereof, adopt, modify, or reject the Committee’s findings that misconduct occurred, and may either impose those sanctions recommended by the Committee or fashion whatever penalties provided by the rules which it deems appropriate.
(4) Timing. Within one hundred and eighty (180) days of receipt of the referral, unless additional time is requested for good cause, the Committee must have submitted its final Report and Recommendation to the Court, setting forth, inter alia, the procedures undertaken and under which rule; what standards of professional conduct have been violated, if any, or competency questioned; recommendations as to remedial or disciplinary measures to be applied; and a recommendation regarding the next steps that the Court should take. The Committee shall include its findings of fact as to the charges of misconduct, recommendations as to whether or not the accused attorney should be found guilty of misconduct justifying disciplinary actions by the Court, and recommendations as to the disciplinary measures to be applied by the Court. The Report and Recommendation shall be accompanied by a transcript of the proceedings before the Committee, all pleadings, and all evidentiary exhibits.
(5) Interim Restrictions on Practice. If the Committee finds that there is a substantial likelihood that the attorney’s continued practice of law may result in serious harm to the attorney’s clients pending completion of an investigation, it may recommend that the Court limit or otherwise impose appropriate restrictions on the attorney’s continued practice in the District Court.
(e) Obligation to Cooperate With Committee. Any member of the bar of this Court, who is referred to the Committee for any reason shall regard it to be an obligation as an officer of this Court to cooperate fully with the Committee, which constitutes an official arm of the Court. Any failure to cooperate and/or to meet any deadline imposed by the rules, the Committee, or the Court, without good cause shown, will be reported to the Chief Judge and recorded in the records of the Committee and may constitute separate grounds for suspension or disbarment.
(f) Confidentiality. All matters referred to the Committee, all information in the possession of the Committee and all recommendations or other actions taken by the Committee are matters relating to the administration of the Court and shall be confidential, and shall be disclosed only by order of the Court. Correspondence, records and all written material coming to the Committee shall be retained in an office designated by the Court and are documents of the Court and shall be kept confidential unless the Court directs otherwise. No statement made by the attorney to the Committee shall be admissible in any action for malpractice against the attorney, nor shall any part of the Committee’s investigative files be admissible in such proceedings. No statement made by the attorney to the Committee shall be admissible in any 28 U.S.C. §2255 collateral attack for incompetency of counsel in a criminal case, nor shall any part of the Committee’s investigative files be admissible in proceedings under 28 U.S.C. §2255. Likewise, any information given by a client of the attorney to the Committee shall be privileged to the same extent as if the statements were made by the client to the attorney.
(g) Notice. All referrals, orders, and recommendations shall be provided to the Chief Judge, referring judge, attorney, and the Clerk of Court, unless otherwise specified. Any resulting orders shall be served in accordance with Rule 16.
LAWYER RULE 7 | ATTORNEYS CONVICTED OF CRIMES
(c) A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based on the conviction.
(d) Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Court may, in addition to suspending that attorney in accordance with the provisions of this Rule, also refer the matter to the Committee for institution of disciplinary proceedings in which the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded.
(e) An attorney suspended under the provisions of this Rule will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceedings then pending against the attorney, the disposition of which shall be determined by the Committee on the basis of all available evidence pertaining to both guilt and the extent of the discipline to be imposed.
LAWYER RULE 8 | DISCIPLINE IMPOSED BY OTHER COURTS
(b) Upon the filing of a certified copy of a judgment or order demonstrating that an attorney admitted to practice before this Court has been disciplined by another court as described above, this Court may refer the matter to the Committee for a recommendation for appropriate action, or may issue a notice directed to the attorney containing:
(2) An order to show cause directing that the attorney inform this Court, within thirty (30) days after service of the order to show cause of any claim by the attorney predicated upon the grounds set forth in subsection (e), infra, that the imposition of identical discipline by the Court would be unwarranted and the reasons therefor.
(d) After consideration of the response called for by the order issued pursuant to subsection B, supra, or after expiration of the time specified in that order, the Court may impose the identical discipline or may impose any other sanction the Court may deem appropriate.
(e) A final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purpose of a disciplinary proceeding in this Court, unless the attorney demonstrates and the Court is satisfied that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears that:
(2) there was such an infirmity of proof establishing misconduct as to give rise to the clear conviction that this Court could not, consistent with its duty, accept as final the conclusion on that subject; or
(3) the imposition of the same discipline by this Court would result in grave injustice; or
(4) the misconduct established is deemed by this Court to warrant substantially different discipline.
LAWYER RULE 9 | DISCIPLINE ON CONSENT, RESIGNATION, OR INACTIVE STATUS IN OTHER COURTS
(b) An attorney admitted to practice before this Court who shall be suspended or disbarred on consent, resign, or placed on inactive status with the bar of any other court of the United States or the District of Columbia, or from the bar of any state, territory, commonwealth, or possession of the United States while an investigation into allegations of misconduct is pending shall, upon the filing with this Court of a certified copy of the judgment or order accepting such suspension or disbarment on consent, resignation, or inactive status, cease to be permitted to practice before this Court and be stricken from the roll of attorneys admitted to practice before this Court until further order of the Court.
(c) Any attorney who has resigned from or been placed on inactive status with The Florida Bar while an investigation into allegations of misconduct is pending shall inform the Clerk of the Court within thirty (30) days. Upon receipt of notice of such action, the attorney’s ability to practice before this Court shall be administratively suspended and the attorney may not resume practice before this Court until they certify that they are an active attorney in good standing with The Florida Bar. There is no inactive status other than for government attorneys in this Court. An attorney may resign from the bar of this Court by notifying the Clerk of Court in writing and only if the attorney is in good standing, is not counsel of record in an active case, and is not subject to any disciplinary proceedings. Upon receipt of the notice of resignation, the attorney will be ineligible to practice in this Court and must reapply for admission pursuant to Rule 2 of these rules. Upon the death of an attorney representing any party in an action or proceeding, the attorney’s ability to practice before this Court shall be administratively suspended and the attorney’s member status in CM/ECF shall be changed to “deceased.”
LAWYER RULE 10 | DISCIPLINE ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION
(2) the attorney is aware that there is a presently pending investigation or proceeding involving allegations that there exist grounds for the attorney’s discipline the nature of which the attorney shall specifically set forth;
(3) the attorney acknowledges that the material facts so alleged are true; and
(4) the attorney so consents because the attorney knows that if charges were predicated upon the matters under investigation, or if the proceeding were prosecuted, the attorney could not successfully defend themself.
(c) The order suspending or disbarring the attorney on consent shall be a matter of public record. However, the affidavit required pursuant to the provisions of this Rule shall not be publicly disclosed or made available for use in any other proceeding except upon order of this Court.
LAWYER RULE 11 | INCAPACITY
LAWYER RULE 12 | REINSTATEMENT
(b) Time of Application Following Disbarment/Suspension. An attorney who has been disbarred after hearing or consent may not apply for reinstatement until the expiration of at least three (3) years from the effective date of disbarment. An attorney who has been suspended for more than ninety (90) days may not apply for reinstatement until expiration of the suspension or in the case of reciprocal discipline, upon proof that the attorney has been reinstated by the court in which the attorney was disciplined.
(c) Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney under this Rule shall be filed with the Chief Judge of this Court. If the disciplinary action was reciprocal, the Chief Judge may rule on the petition or submit it to the active Judges of the Court to be determined by majority vote. If the disciplinary action originated in this Court then it shall be submitted to the active Judges of the Court and determined by majority vote. Prior to submitting the petition to the active Judges of the Court, the Chief Judge may refer the petition to the Committee which shall within sixty (60) days of the referral schedule a hearing at which the petitioner shall have the burden of establishing by clear and convincing evidence that the attorney has the moral qualifications, competency, and learning in the law required for admission to practice before this Court and that the attorney’s resumption of the practice of law will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive of the public interest. Upon completion of the hearing the Committee shall make a full report to the Court. The Committee shall include its findings of fact as to the petitioner’s fitness to resume the practice of law and its recommendations as to whether or not the petitioner should be reinstated.
(d) Conditions of Reinstatement. If after consideration of the Committee’s Report and Recommendation the Court finds that the petitioner is unfit to resume the practice of law, the petition shall be dismissed. If after consideration of the Committee’s Report and Recommendation the Court finds that the petitioner is fit to resume the practice of law, the Court shall reinstate the attorney, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and on the making of partial or complete restitution to all parties harmed by the petitioner whose conduct led to the suspension or disbarment. Provided further, that if the petitioner has been suspended or disbarred for five (5) years or more, reinstatement may be conditioned, in the discretion of the Court, upon the furnishing of proof of competency and learning in the law, which proof may include certification by the bar examiners of a state or other jurisdiction of the attorney’s successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. Provided further that any reinstatement may be subject to any conditions which the Court in its discretion deems appropriate.
(e) Successive Petitions. No petition for reinstatement under this Rule shall be filed within three (3) years following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person.
(f) Deposit for Costs of Proceeding. Petitions for reinstatement under this Rule shall be accompanied by a deposit in an amount to be set by the Court in consultation with the Committee to cover anticipated costs of the reinstatement proceeding.
LAWYER RULE 13 | DUTIES OF THE CLERK WITH RESPECT TO CONVICTIONS OR DISCIPLINE BY OTHER COURTS
(b) Upon being informed that an attorney admitted to practice before this Court has been subjected to discipline by another court, the Clerk of the Court shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this Court, and, if not, the Clerk of the Court shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order, file it with this Court, and serve it upon the attorney.
(c) Whenever it appears that any person who has been convicted of any crime or disbarred or suspended or censured or disbarred on consent by this Court is admitted to practice law in any other jurisdiction or before any other court, this Court shall, within fourteen (14) days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certificate of the conviction or a certified or exemplified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, as well as the last known office and residence addresses of the disciplined attorney.
(d) The Clerk of the Court shall, likewise, promptly notify the National Discipline Bank operated by the American Bar Association of any order imposing public discipline on any attorney admitted to practice before this Court.
LAWYER RULE 14 | ATTORNEYS SPECIALLY ADMITTED
LAWYER RULE 15 | APPOINTMENT OF COUNSEL
LAWYER RULE 16 | SERVICE OF PAPER AND OTHER NOTICES
CONTACT INFORMATION
Judges
| ### | Judge's Name | Position | Phone Number |
|---|---|---|---|
| M01 | Alicia M. Otazo-Reyes | Magistrate | (305) 523-5740 |
| M02 | Beth Bloom | Judge | (305) 523-5690 |
| M03 | Cecilia M. Altonaga | Judge | (305) 523-5510 |
| M04 | Chris M. McAliley | Magistrate | (305) 523-5890 |
| M05 | Darrin P. Gayles | Judge | (305) 523-5170 |
| M06 | Donald L. Graham | Senior Judge | (305) 523-5130 |
| M07 | Edwin G. Torres | Magistrate | (305) 523-5750 |
| M08 | Federico A. Moreno | Senior Judge | (305) 523-5110 |
| M09 | Jacqueline Becerra | Magistrate | (305) 523-5930 |
| M10 | James Lawrence King | Senior Judge | (305) 523-5000 |
| M11 | Joan A. Lenard | Senior Judge | (305) 523-5500 |
| M12 | John J. O'Sullivan | Chief Magistrate | (305) 523-5920 |
| M13 | Jonathan Goodman | Magistrate | (305) 523-5720 |
| M14 | Jose E. Martinez | Judge | (305) 523-5590 |
| M15 | K. Michael Moore | Chief Judge | (305) 523-5160 |
| M16 | Kathleen M. Williams | Judge | (305) 523-5540 |
| M17 | Lauren Fleischer Louis | Magistrate | (305) 523-5710 |
| M18 | Lisette M. Reid | Magistrate | (305) 523-5780 |
| M19 | Marcia G. Cooke | Judge | (305) 523-5150 |
| M20 | Patricia A. Seitz | Senior Judge | (305) 523-5530 |
| M21 | Paul C. Huck | Senior Judge | (305) 523-5520 |
| M22 | Robert N. Scola, Jr. | Judge | (305) 523-5140 |
| M23 | Ursula Ungaro | Judge | (305) 523-5550 |
| ### | Judge's Name | Position | Phone Number |
|---|---|---|---|
| W01 | Bruce E. Reinhart | Magistrate Judge | (561) 514-3710 |
| W02 | Daniel T. K. Hurley | Senior Judge | (305) 523-5001 |
| W03 | Dave Lee Brannon | Magistrate Judge | (561) 803-3470 |
| W04 | Donald M. Middlebrooks | Judge | (561) 514-3720 |
| W05 | Kenneth A. Marra | Senior Judge | (561) 514-3760 |
| W06 | Robin L. Rosenberg | Judge | (561) 803-3430 |
| W07 | William Matthewman | Magistrate Judge | (561) 803-3440 |
| ### | Judge's Name | Position | Phone Number |
|---|---|---|---|
| L01 | Alicia O. Valle | Magistrate Judge | (954) 769-5750 |
| L02 | James I. Cohn | Senior Judge | (954) 769-5490 |
| L03 | Jared M. Strauss | Magistrate Judge | (954) 769-5450 |
| L04 | Jose A. Gonzalez, Jr. | Senior Judge | (305) 523-5001 |
| L05 | Lurana S. Snow | Magistrate Judge | (954) 769-5460 |
| L06 | Patrick M. Hunt | Magistrate Judge | (954) 769-5470 |
| L07 | Raag Singhal | Judge | (954) 769-5430 |
| L08 | Rodney Smith | Judge | (954) 769-5440 |
| L09 | Rodolfo A. Ruiz II | Judge | (954) 769-5560 |
| L10 | Roy K. Altman | Judge | (954) 769-5680 |
| L11 | William J. Zloch | Senior Judge | (954) 769-5480 |
| L12 | William P. Dimitrouleas | Judge | (954) 769-5650 |
| ### | Judge's Name | Position | Phone Number |
|---|---|---|---|
| P01 | Aileen M. Cannon | Judge | (772) 467-2340 |
| P02 | Shaniek Maynard | Magistrate Judge | (772) 467-2320 |
OFFICE OF THE CLERK OF COURT
Angela E. Noble
Court Administrator • Clerk of Court400 North Miami Avenue, Room 8N09
Miami, Florida 33128-7716
(305) 523-5100 301 North Miami Avenue, Room 389
Miami, Florida 33128-7788
(305) 523-5100 299 East Broward Boulevard, Room 108,
Fort Lauderdale, Florida 33301
(954) 769-5400 701 Clematis Street, Room 202
West Palm Beach, Florida 33401
(561) 803-3400 101 South U.S. Highway 1
Fort Pierce, Florida 34950
(772) 467-2300 301 Simonton Street, Room 130
Key West, Florida 33040
(305) 295-8100
AFTER HOURS EMERGENCIES - CLERK’S OFFICES
| Miami | (305) 588-8662 |
| Fort Lauderdale | (561) 606-9376 |
| West Palm Beach | (561) 606-9376 |
UNITED STATES ATTORNEY
| Fort Lauderdale | (954) 356-7255 |
| Fort Pierce | (772) 466-0899 |
| Key West | (305) 294-7070 |
| Miami | (305) 961-9000 |
| West Palm Beach | (561) 820-8711 |
UNITED STATES MARSHAL
| Fort Lauderdale | (954) 356-7256 |
| Fort Pierce | (772) 293-0650 |
| Key West | (786) 538-3730 |
| Miami | (786) 988-6655 |
| West Palm Beach | (561) 655-1827 |
FEDERAL PUBLIC DEFENDER
| Fort Lauderdale | (954) 356-7436 |
| Fort Pierce | (772) 489-2123 |
| Key West1 | (305) 296-9265 |
| Miami | (305) 536-6900 |
| Miami | (305) 530-7000 |
| West Palm Beach | (561) 833-6288 |
1 (unstaffed)
DISCLAIMER
Instead, TBD merely re-printed and reformatted them for easier use.
Please consult the official text (click here).
You might need to reference it during your pursuit of justice.
For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
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