this is a placeholder image because this post does not contain a featured image

United States District Court for the Southern District of Florida – Amendments to its Local Rules

Submitted by Jessica Gregory on 16 Oct, 2020

The United States District Court for the Southern District of Florida recently issued Administrative Order 2020-71, with amendments to its Local Rules. The Amendments will go into effect on December 1, 2020. The following is a brief summary of some of the changes to the Local Rules:

  • Rule 5.1 FILING AND COPIES
    • (b) Service and Filing of Documents Via CM/ECF
      Has been amended to add the following: “Notwithstanding any certificate of service to the contrary, the date that a submission from a party who is exempt from electronic filing is docketed by the Clerk of Court shall be deemed the date that such submission is served.”
  • RULE 5.2 PROOF OF SERVICE AND SERVICE BY PUBLICATION
    • Has been amended in regards to proof of service for filings not served via CM/ECF. It now provides: If a pleading or paper required by Federal Rule of Civil Procedure 5 to be served on the other parties is served on any party by a method other than CM/ECF, that pleading or paper shall include a certificate of service that identifies the person or firms served, their relationship to the action or proceeding, their street address, telephone number, and email address, and the date, and method of service.
  • Rule 7.1 MOTIONS, GENERAL
    • This Rule has been amended to note that as long as no substantive part of the submission appears on the same page(s), the following items do not count toward page limitations:
      • Title pages preceding the first page of text, tables of contents, tables of citations, “request for hearing” sections, signature pages, certificates of good faith conferences, and certificates of service
  • Rule 4 REVIEW AND APPEAL
    • (a) Appeal of Non-dispositive Matters-Government Appeal of Release Order.
        • (a) Appeal of Non-dispositive matters- 28 U.S.C.§ 636 (b)(1)(A).
      • The Rule has been amended to remove the automatic right for a reply to a response to objections.

A complete summary of the amendments can be found at: web.flsd.uscourts