Beginning January 1, 2021 practicing in the Middle District of Florida will look a little different due to the Court’s latest revisions of the Local Rules. Due to the numerous changes in the rules that the Court has implemented, a red-line version of the rules will not be made available. Below are some of the more major revisions that will be key to practicing in the district come 2021 but a careful review of the rules in their entirety is certainly encouraged. Please visit https://www.flmd.uscourts.gov for a copy of the Court’s Order and amended Local Rules.
1. Main text for all pleadings/motions or other papers (excluding exhibits) must be in at least 13 point font in typeface Book Antiqua, Calisto MT, Century Schoolbook, Georgia, Palatino or 14 point font Times New Roman (though allowable pages for motions/responses remains the same). Indented quotations can be 12 point font and footnotes are allowed be 11 point font.
2. All unopposed motions must include “Unopposed” in the title of the motion. Likewise, motions requesting TRO’s, Preliminary/Permanent Injunction must include TRO or Preliminary/Permanent Relief Requested in the title; any paper requesting declaratory relief must include “Declaratory Relief Requested” and Complaint demanding a jury trial must include “Demand for a Jury Trial” in the title.
3. Proof Service must be filed within 21 days after service of Summons/Complaint.
4. A party entitled to a default must move for a default within 28 days after a party’s failure to plead or otherwise defend.
5. Within 35 days after entry of default, a motion for default judgment must be filed. Failure to comply within the deadline may result in dismissal of the claim/action.
6. Moving to withdraw in a matter requires the attorney to notify the client 14 days before moving to withdraw unless the client consents. Motions to Withdraw must include certification of 14 days’ notice to client or consent.
7. A motion requesting leave to file a reply cannot exceed three pages.
8. A party requesting oral argument or an evidentiary hearing must file a separate document requesting same (including time needed for hearing) with the motion.
9. Case Management conferences can now take place by telephone or comparable means.
10. Corporate Disclosure Statement must be filed with first appearance and must include certification of actual or potential conflict of interest regarding district judge or magistrate (specific language included in local rules).
11. Notices of Deposition or Subpoena Duces Tecum require 14 written notice.
12. Attorney’s Fees/Costs is now a bifurcated procedure. A party claiming post-judgment attorneys’ fees/costs must obtain an order of entitlement first before providing a supplemental motion on the amount. After entitlement order is entered, within 45 days the party claiming fees/costs must file a supplemental motion with hours/rates, etc.
