Pro hac vice in M.D. Fla. →
judge console · M.D. Fla.
M.D. Fla. · Judge Davis · Practice Guide

Hon. Brian Davis

All local rules for M.D. Fla., integrated with this judge's published requirements.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 M.D. Fla. local rule
Motion

(b) LENGTH AND CONTENT OF A MOTION, A BRIEF, OR AN OBJECTION. A motion must include — in a single document no longer than twenty-five pages — a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request. M.D. Fla. Local Rule 3.01(b) ↗

Opposition

(c) LENGTH AND CONTENT OF A RESPONSE. A party responding to a motion or brief may file a legal memorandum no longer than twenty pages. M.D. Fla. Local Rule 3.01(c) ↗

Reply

(e) NO REPLY AS A MATTER OF RIGHT. Except for a reply to a motion for summary judgment or a reply brief in a social security action, no party may reply without leave. A motion for leave to reply must not exceed three pages; must specify the need for, and the length of, the proposed reply; and must not include the proposed reply. No response to a motion for leave to reply is permitted. A party may reply to a response to a motion for summary judgment within fourteen days after service of the response. A reply must not exceed seven pages. M.D. Fla. Local Rule 3.01(e) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 M.D. Fla. local rule
Notice period

(d) TIME TO RESPOND. A party may respond to a motion within fourteen days after service of the motion. However, a party may respond within twenty-one days after service to a motion to dismiss, for judgment on the pleadings, for summary judgment, to exclude or limit expert testimony, to certify a class, for a new trial, or to alter or amend the judgment. If a party fails to timely respond, the motion is subject to treatment as unopposed. M.D. Fla. Local Rule 3.01(d) ↗

Hearing days

Silent on motion hearing days. M.D. Fla. Local Rule 3.01 (silent) ↗

Proposed orders
🏛 M.D. Fla. local rule

(k) NO PROPOSED ORDER. Unless otherwise permitted by these rules, no party in a civil action may submit a proposed judgment or other order without leave. M.D. Fla. Local Rule 3.01(k) ↗

The Hearing
Oral argument
🏛 M.D. Fla. local rule

(i) ORAL ARGUMENT OR EVIDENTIARY HEARING. A party must request oral argument or an evidentiary hearing in a separate document accompanying the party’s motion or response and stating the time necessary. M.D. Fla. Local Rule 3.01(i) ↗

More from Judge Davis’s procedures
👤 Judge Davis — standing order
Courtesy copies

A courtesy copy of any document filed that exceeds 25 pages in length (including exhibits) must be provided to chambers as promptly as possible after the document’s electronic filing, via United States mail or other reliable service. Bound and tabbed exhibits are preferred. Source ↗

Mediation requirements

Mediation In most cases, mediation is required and should be completed four to six months before the trial term. If the parties do not stipulate to a mediator in the case management report, the court will appoint a mediator. Source ↗

Oral argument procedure

Judge Davis does not regularly provide oral argument on dispositive motions. Source ↗

Know Before You Go
👤 Judge Davis — deviations that burn people
  • - Courtesy copies required for any document exceeding 25 pages (including exhibits).
  • - Oral argument on dispositive motions not regularly provided.
  • - Mediation required in most civil cases.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Davis's procedures
Standing order changes, new key traps, and C.D. Cal. practice intelligence.