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

Hon. Robin L. Rosenberg

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 Rosenberg — standing order

Any requests for relief or action by the Court must be submitted as a motion on the docket, unless otherwise permitted by the Federal and Local Rules. No substantive matters should be raised by phone or email with Chambers, unless expressly permitted by the Rules or a court order. For non-substantive matters, emails or calls to Chambers must comport with all Federal and Local rules. Any ex parte letters received may be uploaded to the docket. When calling chambers, counsel should be prepared to provide (1) the docket number of the case, (2) the case caption, (3) their name and the party they represent, (4) whether opposing counsel has been consulted, and (5) a succinct and clear statement of the reason for their call.

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) ↗

👤 Judge Rosenberg — standing order
Hearing days

Hearings run Monday through Friday beginning at 8:30 a.m. in 15-minute slots unless additional time is needed. Court may independently schedule hearings sua sponte.

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 Rosenberg — standing order

Proposed Orders: Word to Rosenberg@flsd.uscourts.gov.

Filing under seal
👤 Judge Rosenberg — standing order

Criminal Procedures / Motions: Parties are REMINDED to file motions to seal sufficiently in advance of their deadline so the court may issue a ruling in a timely fashion. No civil-specific sealing procedure published on this page.

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 Rosenberg — standing order

Calendar call: counsel may appear by telephone per instructions in the trial-setting order. Four-week civil trial period (Rosenberg's criminal calendar uses a two-week trial period; Judges Bloom and Gayles have confirmed two-week civil trial periods).

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) ↗

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

Pre-dispositive deadlines may be modified without Court order by filing a joint notice indicating the new deadline(s), provided all parties agree. A motion need not be filed. Extending discovery by agreement waives any Rule 56(d) argument that discovery is incomplete. A motion is required only when parties cannot agree or seek to extend the dispositive-motion deadline or any later deadline. May NOT be used to extend the deadline to answer a pleading or respond to a motion. Source ↗

Motion word page limits

Silent on motion_word_page_limits. Source ↗

Pre motion procedure

Silent on pre_motion_procedure. Source ↗

Know Before You Go
👤 Judge Rosenberg — deviations that burn people
  • - Criminal cases only: every motion must include 'Opposed' or 'Unopposed' in the caption directly under the case number, and the first paragraph must summarize the parties' attempts to resolve the issue (listed only under the page's Criminal Procedures tab; civil conferral follows S.D. Fla. L.R. 7.1(a)(3)).
  • - Four-week civil trial period (criminal is two weeks); this affects scheduling math.
  • - Judge Rosenberg does not maintain a standing order on file with the clerk; read the trial order immediately upon assignment.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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