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S.D. Fla. · Judge Gayles · Practice Guide

Hon. Darrin P. Gayles

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

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Before You File
Ex parte applications
🏛 S.D. Fla. local rule

(d) Procedure for Filing Ex Parte. A party submitting an ex parte filing shall: (1) Include the words “ex parte” in the title of the motion and explain the reasons for ex parte treatment. Upon submission, unless the Court directs otherwise the ex-parte filing will be restricted from public view and the docket text appearing on the public docket will reflect only that a restricted filing has been made. Counsel need not serve motions filed ex parte and related documents unless and until the Court so orders. S.D. Fla. L.R. 5.4(d)(1) ↗

Lead counsel requirements
👤 Judge Gayles — standing order

Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. The applicable pages limits for individual parties shall apply for joint pleadings absent leave of court.

Contacting chambers
👤 Judge Gayles — standing order

Email address (for proposed orders or jury instructions): gayles@flsd.uscourts.gov. Counsel may contact chambers, including the courtroom deputy and/or the law clerks, regarding procedures that are specific to Judge Gayles, scheduling a hearing, or the status of pending matters. Chambers will not answer questions regarding procedures that are otherwise governed by the Federal Rules of Civil Procedure and/or the Local Rules for the Southern District of Florida.

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

(2) Length. Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages. S.D. Fla. L.R. 7.1(c)(2) ↗

Opposition

(2) Length. Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages. S.D. Fla. L.R. 7.1(c)(2) ↗

Reply

(2) Length. Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages. S.D. Fla. L.R. 7.1(c)(2) ↗

Font & formatting
👤 Judge Gayles — standing order

Unless otherwise specified by the Court, every motion, response, and reply shall be double-spaced in Times New Roman 12-point typeface.

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

(1) Requirements and Timing. For all motions, except motions served with the summons and complaint, each party opposing a motion shall file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default. The movant may, within seven (7) days after service of an opposing memorandum of law, file and serve a reply memorandum in support of the motion, which reply memorandum shall be strictly limited to rebuttal of matters raised in the memorandum in opposition without reargument of matters covered in the movant’s initial memorandum of law. S.D. Fla. L.R. 7.1(c)(1) ↗

Hearing days

(b) Hearings. (1) No hearing will be held on motions unless set by the Court. S.D. Fla. L.R. 7.1(b)(1) ↗

Proposed orders
🏛 S.D. Fla. local rule

(a) Filing. (1) Every motion when filed and served shall incorporate a memorandum of law citing supporting authorities, except that the following motions need not incorporate a memorandum: (A) petition for writ of habeas corpus ad testificandum or ad prosequendum; (B) motion for out-of-state process; (C) motion for order of publication for process; (D) application for default; (E) motion for judgment upon default; (F) motion to withdraw or substitute counsel; (G) motion for continuance, provided the good cause supporting it is set forth in the motion and affidavit required by Local Rule 7.6; (H) motion for confirmation of sale; (I) motion to withdraw or substitute exhibits; (J) motion for extensions of time providing the good cause supporting it is set forth in the motion; (K) motion for refund of bond, provided the good cause supporting it is set forth in the motion; (L) application for leave to proceed in forma pauperis; (M) motion for admission pro hac vice; and (N) motion for court approval of a stipulation between any parties. (2) Those motions listed in (a)(1) above, as well as any motion seeking emergency or ex parte relief or a temporary restraining order, shall be accompanied by a proposed order that is filed and served submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures. S.D. Fla. L.R. 7.1(a)(1)-(2) ↗

👤 Judge Gayles — standing order

Proposed Orders: Parties shall submit all proposed orders in Microsoft Word format to gayles@flsd.uscourts.gov.

Filing under seal
👤 Judge Gayles — standing order

Silent on under_seal_requirements.

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

(2) A party who desires oral argument or a hearing of any motion shall request it within the motion or opposing memorandum in a separate section titled “request for hearing.” The request shall set forth in detail the reasons why a hearing is desired and would be helpful to the Court and shall estimate the time required for argument. The Court in its discretion may grant or deny a hearing as requested, upon consideration of both the request and any response thereto by an opposing party. S.D. Fla. L.R. 7.1(b)(2) ↗

Remote appearances
👤 Judge Gayles — standing order

Counsel for each party shall appear in person for hearings on all substantive motions. With prior permission from the Court, counsel residing outside of Miami-Dade and/or Broward Counties may appear by telephone for status conferences and calendar calls.

Continuances & calendar conflicts
👤 Judge Gayles — standing order

Calendar Call: Our Calendar Calls are typically held on the Wednesday prior to the commencement of the two-week trial period at 9:30 a.m., unless otherwise noted. The Court will not set a pretrial conference. The Court will set the case for trial following receipt of the parties' joint scheduling report and scheduling order.

Discovery
Discovery referral procedure
🏛 S.D. Fla. local rule

(3) Discovery motions may be referred to and heard by a United States Magistrate Judge. S.D. Fla. L.R. 7.1(b)(3) ↗

Discovery dispute procedure
👤 Judge Gayles — standing order

All discovery referred to paired magistrate. Judge's page references 'Judge Goodman Discovery Procedures' (PDF attached to judge page). Verify actual paired magistrate from case scheduling order -- referenced magistrate may differ from judge page attachment.

More from Judge Gayles’s procedures
👤 Judge Gayles — standing order
Initial conference timing

Silent on initial_conference_timing. Source ↗

Know Before You Go
👤 Judge Gayles — deviations that burn people
  • - Out-of-county counsel (outside Miami-Dade and Broward Counties) may appear by telephone for status conferences and calendar calls with prior permission.
  • - In-county counsel are expected to appear in person.
  • - Substantive motions always require in-person appearance regardless of location.
  • - Court expressly states it will not set a pretrial conference.
  • - Discovery referral references 'Judge Goodman Discovery Procedures' (PDF attached to judge page) -- verify actual paired magistrate from case scheduling order.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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