All local rules for M.D. Fla., integrated with this judge's published requirements.
If a dispute arises during a deposition in a case in which Judge Hoffman Price is the assigned magistrate judge, counsel and any unrepresented parties may contact chambers to determine whether the judge is available to consider the disputed issue by telephone.
(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) ↗
(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) ↗
(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) ↗
(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) ↗
Silent on motion hearing days. M.D. Fla. Local Rule 3.01 (silent) ↗
(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) ↗
Parties should not submit proposed orders with any motions, nor should they email any proposed orders to chambers. Local Rule 3.01(f). The court will request a proposed order from the moving party should it require one.
In rare circumstances, the court may order the filing of information under seal.
(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) ↗
If a discovery dispute arises, the litigants must confer in person or via telephone in a good faith effort to resolve the dispute before seeking court intervention. See Local Rule 3.01(g). If the good-faith conferral does not resolve the discovery dispute, a litigant may seek court intervention, but must do so by filing a Short-Form Discovery Motion in compliance with this Order. Neither the Motion nor any response thereto shall exceed 500 words, exclusive of caption, signature block, and certifications. The Movant must attach any discovery requests and discovery responses. If time-sensitive, the Motion must be filed and captioned as “Time-Sensitive.” Any litigant opposing the Motion shall file a response no later than five days after the Motion is filed (see Fed. R. Civ. P. 6(a)); a failure to file a timely response will result in the Motion being deemed unopposed. To resolve the dispute, the Court may: decide the dispute on the basis of the Motion and any response, set a hearing, or order further briefing.
With few exceptions, prior to filing a motion in a civil action, the moving party must confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion and shall include in the motion a statement that: 1) certifies that the moving counsel has conferred with opposing counsel; 2) states whether opposing counsel agrees in part or in whole on the resolution of the motion; and 3) if the motion is opposed, explains the means by which the conference occurred. Local Rule 3.01(g)(2). A motion that does not comply with Local Rule 3.01(g) may be summarily denied. Source ↗
Parties may request hearings and/or oral argument on motions referred to Judge Hoffman Price by filing the appropriate motion on CM/ECF Whether a hearing will be scheduled on a motion is within the court's discretion. Source ↗
As to each item of information or document, or portion thereof, withheld from production in response to a written discovery request or during a deposition, the party withholding the information or document shall timely serve upon opposing counsel and unrepresented parties a privilege log. The privilege log shall be served simultaneously with the response to written discovery requests in which the information, communications, or documents are withheld on the basis of privilege. With respect to privileges or other protections from discovery asserted during depositions, the information required in a privilege log shall be stated on the record at the time the objection to disclosure of the communication, information, or document is made. Should the validity of the asserted privileges and protections be challenged, the parties should first engage in a good faith effort to resolve the dispute without court intervention. See Fed. R. Civ. P. 26(c)(1); Local Rule 3.01(g). Ultimately, the party asserting the privilege bears the burden of demonstrating the privilege applies. Source ↗