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M.D. Fla. · Judge Moody · Practice Guide

Hon. James Moody, Jr.

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

Before You File
Contacting chambers
👤 Judge Moody — standing order

Do you permit counsel to contact assigned law clerks? Yes.

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) ↗

Discovery
Discovery referral procedure
👤 Judge Moody — standing order

Do you refer discovery matters to the assigned magistrate judge? Yes.

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

Should courtesy copies of pleadings and motions be forwarded to chambers? Yes. Paper courtesy copies of motions or filings exceeding 20 pages are appreciated. If a party files deposition transcripts to support a dispositive motion, Judge Moody prefers the entire transcript (condensed version is fine) with exhibits. Source ↗

Mediation requirements

What is your policy or practice on the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation? All cases are sent to mediation. Source ↗

Oral argument procedure

What is your practice concerning oral argument on dispositive motions? If required, Judge Moody will hear oral arguments on selected pending motions as time permits on his calendar. Hearings are generally scheduled for no more than 30 minutes. Source ↗

Know Before You Go
👤 Judge Moody — deviations that burn people
  • - Paper courtesy copies of filings exceeding 20 pages are appreciated by the court.
  • - Mediation required in most/all civil cases.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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