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

Hon. David S. Leibowitz

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) ↗

Contacting chambers
👤 Judge Leibowitz — standing order

Email (leibowitz@flsd.uscourts.gov) is the preferred method of communication. Counsel may contact chambers, including the courtroom deputy and/or the law clerks, regarding procedures specific to Judge Leibowitz. Chambers will not answer questions regarding substantive matters pertaining to the case or procedures that are otherwise governed by the Federal Rules of Civil Procedure and/or the Local Rules for the Southern District of Florida. All communications must copy all opposing counsel or pro se parties.

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) ↗

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 Leibowitz — standing order

As required by Local Rule 7.1(a)(2), a Microsoft word version of all proposed orders must be emailed to leibowitz@flsd.uscourts.gov after being filed on the docket.

Filing under seal
👤 Judge Leibowitz — 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) ↗

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 Leibowitz — standing order

Silent on discovery_dispute_procedure.

More from Judge Leibowitz’s procedures
👤 Judge Leibowitz — standing order
Adjournment extension procedure

Absent an emergency, requests for extensions of time or continuance must be presented by motion no later than 72 hours prior to the deadline or hearing from which the Parties are seeking relief. Source ↗

Courtesy copies details

Silent on courtesy_copies_details. Source ↗

Initial conference timing

Silent on initial_conference_timing. Source ↗

Motion word page limits

Silent on motion_word_page_limits. Source ↗

Oral argument procedure

Silent on oral_argument_procedure. Source ↗

Pre motion procedure

Silent on pre_motion_procedure. Source ↗

Know Before You Go
👤 Judge Leibowitz — deviations that burn people
  • - Only criminal procedures are published; civil practice follows the Local Rules and the case scheduling order entirely.
  • - Do not assume the published criminal procedures (72-hour extension/continuance deadline) apply to civil cases -- confirm the applicable deadline in the civil scheduling order.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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