Southern District of Florida Local Rules — The Practitioner's Guide

Quick-reference summary of the most frequently needed rules for the Southern District of Florida.

SDFL requires 12-point minimum font (including footnotes), 1-inch margins on all sides, and 1.5 line spacing minimum. Motions: 20 pages (motion + memo combined). Opposition: 20 pages. Reply: 10 pages. Discovery motions: 10/10/5 pages. No courtesy copies unless judge requests. L.R. 5.1(a), 7.1(c).

Page Limits

Exclusions from page limits: title pages, TOC, TOA, "Request for Hearing" sections, signature pages, conferral certificates, certificates of service.

Opposition due 14 days after service. Reply due 7 days after service of opposition. Failure to file may be deemed cause for granting by default. Discovery motions must be filed within 28 days of triggering event. L.R. 7.1(c), 26.1(g), 7.3.

Regular Motions (L.R. 7.1(c))

All supporting materials must be served with the filing — not later.

Discovery Motions (L.R. 26.1(g))

Motion: within 28 days of trigger. Opposition: 14 days. Reply: 7 days (5-page limit).

28-day triggers:

• Written response/objection: date of service
• Completed deposition: last day of testimony
• Sufficiency of production: date of Notice of Completion
• Other disputes: date first raised

Failure to file within 28 days may = denial. One 7-day extension by stipulation.

Attorney's Fees (L.R. 7.3)

Serve draft fee motion 30 days before deadline. Confer within 21 days. File within 60 days of final judgment. Bill of costs within 30 days.

Supplemental Authority (L.R. 7.8)

200 words. Response: 7 days, 200 words, no replies.

SDFL uses a no-hearing-unless-set-by-the-Court model (L.R. 7.1(b)(1)). To request oral argument, include a separate "Request for Hearing" section with detailed reasons and time estimate. 90-day stale motion rule: if fully briefed 90 days with no hearing/ruling, file "Notice of Ninety Days Expiring" within 14 days.

How to Request Oral Argument

1. Include separate "Request for Hearing" section in motion or opposition (L.R. 7.1(b)(2))
2. Set forth in detail reasons why hearing is desired and helpful
3. Estimate time required for argument
4. Court grants or denies in its discretion

Discovery motions may be referred to Magistrate Judge (L.R. 7.1(b)(3)). Many offer Informal Discovery Hearing as alternative.

Emergency & Expedited Motions (L.R. 7.1(d))

Warning: Unwarranted emergency designation may result in sanctions.

SDFL requires a separate Statement of Material Facts (SMF) — 10 pages movant, 10 pages opponent response + 5 pages additional facts. First word of each response must be "disputed" or "undisputed." Pinpoint citations required — general citations are non-compliant. Multiple partial MSJs require prior permission. L.R. 56.1.

SMF Requirements

Pinpoint Citations (L.R. 56.1(b)(1)(B))

Must include: specific page numbers (line numbers for depositions), exhibit number and title, ECF number for filed materials. A general citation (e.g., "Smith Affidavit") is non-compliant.

Opponent's Format (L.R. 56.1(b)(2))

Correspond with movant's numbering. Do NOT repeat movant's text. First word = "disputed" or "undisputed." Additional facts numbered consecutively from movant's last number, titled "Additional Facts."

Consequences

Failure to controvert = facts may be deemed admitted (L.R. 56.1(c)). Non-compliance = court may strike, require compliance, or sanction (L.R. 56.1(d)). Multiple MSJs require prior permission (L.R. 56.1(e)) — exception for immunity then merits.

SDFL pro hac vice: $250 per attorney per case. Local counsel (SDFL bar member, authorized CM/ECF filer) required. PHV attorneys cannot register for CM/ECF — all filings through local counsel. More than 3 PHV motions in 365 days in separate cases = presumed "general practice" and prohibited. Attorney Admission Rule 4(b).

PHV Attorneys Cannot:

• Register for CM/ECF
• File documents electronically (but can receive NEFs)
• PHV ≠ formal admission to SDFL bar

Additional Parties

Already-admitted PHV attorney may appear for additional parties by filing Notice of Appearance PHV — no additional fee. Must state initial PHV info remains current.

Mediation is mandatory in virtually every SDFL civil case. Parties select mediator within 14 days of referral order; if no agreement, Clerk appoints from certified list. Mediation no later than 60 days before trial. Default format: videoconference. All parties must participate with full settlement authority. L.R. 16.2.

Exempt Cases

Habeas, §2255 motions, Social Security, civil forfeiture, IRS summons, land condemnation, default proceedings, student loans, naturalization, statutory interpleader, TILA (non-class), letters rogatory, foreign judgment registration.

Timeline

1. Order of referral issued (sets trial/mediation deadline)
2. Parties agree on mediator within 14 days
3. File "Notice of Selection of Mediator" within 14 days
4. If no agreement: plaintiff files "Request For Clerk To Appoint Mediator"
5. Confidential case summaries to mediator 14 days before mediation
6. Mediation no later than 60 days before trial
7. Mediator files Report within 7 days

Participation (L.R. 16.2(e))

All parties + claims professionals with full settlement authority. Entity by representative — not solely outside counsel. Public entities: authority to negotiate and recommend. Non-participation = sanctions.

Mediator Qualifications

10+ years bar admission, Florida Bar + SDFL bar member, circuit court mediator certified, substantial mediation experience. Must accept 2 pro bono/reduced-fee per year.

Confidentiality (L.R. 16.2(g)(2))

Privileged under federal law and FL Stat. §44.405. May not be reported, recorded, or disclosed.