Local Rule 3.01 governs motion practice in the U.S. District Court for the Middle District of Florida. The requirements and deadlines for motions, responses to motions, and replies are summarized below:
Motions. Generally speaking, the deadlines to file particular motions will be governed by the Court’s Case Management and Scheduling Order. Motions must incorporate a memorandum of legal authority and may be no more than twenty five pages. Letters to the Court seeking relief are not permitted.
Responses to Motions. Responses to motions must be filed within fourteen days after service of a motion. Responses to motions must incorporate a memorandum of legal authority and may be no more than twenty pages.
Replies. Replies in support of a motion are not permitted absent leave of Court. When seeking leave to file a reply, the motion for leave is limited to three pages, must specify the proposed length of the reply, and may not attach the proposed reply. If a reply is permitted, the Court will establish the deadline to file the reply.
Notably, all of the foregoing requirements and deadlines apply to summary judgment motion practice, absent a specific order by the Court.
Before filing any motion in a civil case, except for certain dispositive motions, such as a motion to dismiss or motion for summary judgment, counsel are required to confer in good faith concerning the requested relief and must include a certificate of conference in the motion.
A party may request oral argument on a motion, but most motions are ordinarily decided by the Court on the basis of the motion and response to the motion.
Joel Ewusiak frequently represents parties in lawsuits pending in the U.S. District Court for the Middle District of Florida. Please contact Joel for legal assistance with your specific matter.