Motion Practice & Hearings
S.D. Fla. — SDFL uses a no-hearing-unless-set-by-the-Court model (L.R.
SDFL uses a no-hearing-unless-set-by-the-Court model (L.R. 7.1(b)(1)). To request oral argument, include a separate "Request for Hearing" section with detailed reasons and time estimate. 90-day stale motion rule: if fully briefed 90 days with no hearing/ruling, file "Notice of Ninety Days Expiring" within 14 days.
How to Request Oral Argument
- Include separate "Request for Hearing" section in motion or opposition (L.R. 7.1(b)(2))
- Set forth in detail reasons why hearing is desired and helpful
- Estimate time required for argument
- Court grants or denies in its discretion
Discovery motions may be referred to Magistrate Judge (L.R. 7.1(b)(3)). Many offer Informal Discovery Hearing as alternative.
Emergency & Expedited Motions (L.R. 7.1(d))
| Type | When | Key Requirements |
|---|---|---|
| Emergency | Court can't provide relief after 7 days | "Emergency Motion" in title; sworn certification; CM/ECF emergency events |
| Expedited | Time-sensitive, not true emergency | "Expedited Motion" in title; state date ruling needed and why |
Warning: Unwarranted emergency designation may result in sanctions.