TABLE OF CONTENTS
OFFICE ADDRESSES, INCLUDING WEBSITE AND LEGAL HOLIDAYS 3
CLERK'S AUTOMATED TELEPHONE SYSTEM INDEX 4
MIAMI 4
FORT LAUDERDALE 4
WEST PALM BEACH 4
LOCATION OF DISTRICT JUDGES AND MAGISTRATE JUDGES 5
GENERAL FILING REQUIREMENTS (Local Rule 5.1) 6
MOTIONS 7
CERTIFICATE OF SERVICE 7
FILING A NEW CIVIL CASE 8
CIVIL COVER SHEET 8
ASSIGNMENT OF CASES 8
FILING FEE 8
SERVICE OF PROCESS 9
ANSWER TO COMPLAINT 10
COMPLAINT AGAINST A PRIVATE PERSON OR CORPORATION 10
SUITS AGAINST THE UNITED STATES OR AN AGENCY THEREOF 11
SUITS INVOLVING THE SECRETARY OF STATE OF THE STATE OF FLORIDA 11
SUITS INVOLVING INSURANCE COMMISSIONER OUTSIDE OF FLORIDA 12
AMENDED COMPLAINT 12
REMOVAL OF A CASE FROM STATE COURT 13
REGISTRATION OF A JUDGMENT FROM ANOTHER DISTRICT 13
MOTION FOR RETURN OF SEIZED PROPERTY 14
MOTION TO ENFORCE/QUASH DEPOSITION. SUBPOENA FROM ANOTHER DISTRICT 14
ADMIRALTY AND MARITIME CLAIMS 15
ATTACHMENT AND GARNISHMENT 15
COMPLAINT FOR EXONERATION FROM OR LIMITATION
OF LIABILITY 15
ACTIONS IN REM 16
RELEASE OF VESSEL 17
ENFORCEMENT OF JUDGMENTS 17
WRIT OF EXECUTION 17
WRIT OF GARNISHMENT AFTER JUDGMENT 18
APPEALS TO THE UNITED STATES COURT OF APPEALS 18
CIVIL SUBPOENAS 19
CONFIDENTIAL FILINGS 19
EMERGENCY JUDGE 20
DUTY JUDGE 20
LOCATION OF CASE FILES 21
OBTAINING INFORMATION FROM THE CASE 21
AVAILABILITY OF PUBLIC COMPUTERS 21
ADMISSION TO THE FEDERAL BAR 22
APPLICATION 22
EXAM 22
PRO HAC VICE APPEARANCE 22
GOVERNMENT ATTORNEYS 22
MEDIATION 23
NOTICE OF 90 DAYS EXPIRING AND RIPENESS FOR HEARING 23
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA
GENERAL FILING INFORMATION
OFFICE ADDRESSES: The Clerk maintains five staffed offices. Office hours are Monday through Friday, except legal holidays as noted below, from 9:00 A.M. to 4:30 P.M. These offices are open to the public and are located at:
301 North Miami Avenue, Room 150
Miami, Florida 33128-7788
305-523-5100
299 East Broward Boulevard, Room 108
Fort Lauderdale, Florida 33301
954-769-5400
701 Clematis Street, Room 402
West Palm Beach, Florida 33401
561-803-3400
301 Simonton Street, Room 130
Key West, Florida 33040
305-295-8100
300 South Sixth Street, Second Floor
Fort Pierce, Florida 34950
561-595-9691
World Wide Web Internet Address: www.netside.net/usdcfls contains the Local Rules of this Court as well as other useful information. PLEASE NOTE: you may also subscribe to PACER which provides current docket sheets and includes scanned images of documents on cases filed within the last three years: http://www.pacer.flsd.uscourts.gov. (See page 21 of this booklet for additional information).
Legal Holidays: If the holiday falls on Saturday, it is observed on the preceding Friday. If the holiday falls on Sunday, it is observed on the following Monday.
New Years Day - January 1st
Birthday of Martin Luther King, Jr. - 3rd Monday in January
Presidents Day - 3rd Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - 1st Monday in September
Columbus Day - 2nd Monday in October
Veterans Day - November 11th
Thanksgiving Day - 4th Thursday in November
Christmas Day - December 25th
CLERK'S AUTOMATED TELEPHONE SYSTEM INDEX
The Clerk's Offices in Miami, Fort Lauderdale and West Palm Beach use an automated telephone answering and routing system to direct callers to the proper sections. In Miami, callers must first dial the main number, then dial 1 before selecting the extension of the party you are trying to reach. When calling the Fort Lauderdale or West Palm Beach Offices through their main numbers, callers may dial 0 to obtain assistance. To get a section directly after calling the main number, use the following extensions:
MIAMI Main Number 305-523-5100
Court Services and Information 1
Press 1 again and select from the following:
Jury Information 1
Docketing, Case Filing Information, Information
re: New Indictments and New Arrests 2
Other Clerk=s Office Sections 3
Attorney Admissions 4
Addresses and Directions to Miami Courthouses 5
Mediation or becoming a mediator 6
Other Government Agencies 7
FORT LAUDERDALE Main Number 954-769-5400
Information re: Filing a New Case, Case Status
Appeals, Records, Intake Office Hours,
Location 1
Jury Information 2
District & Magistrate Courtroom Deputy 3
Specific Individual 4
Other Government Agencies 5
WEST PALM BEACH Main Number 561-803-3400
Case Filing and General Information 1
Information from the Case Docket 2
Copies and Information from the Case File 3
Cases on Appeal to the Eleventh Circuit 4
Courtroom Clerk for Magistrate Judge Vitunac 5
Courtroom Clerk for Magistrate Judge Johnson 8
Directions to the West Palm Beach Courthouse 6
Judges' Numbers/Other Government Agencies 7
LOCATION OF DISTRICT JUDGES AND MAGISTRATE JUDGES
DISTRICT JUDGES' NAMES LOCATION TELEPHONE
Chief Judge William J. Zloch Fort Lauderdale 954-769-5480
Judge Federico A. Moreno Miami 305-523-5110
Judge Shelby Highsmith Miami 305-523-5170
Judge Donald L. Graham Miami 305-523-5130
Judge K. Michael Moore Miami 305-523-5160
Judge Ursula Ungaro-Benages Miami 305-523-5550
Judge Wilkie D. Ferguson, Jr. Fort Lauderdale 954-769-5470
Judge Daniel T.K. Hurley West Palm Beach 561-803-3450
Judge Joan A. Lenard Miami 305-523-5500
Judge Donald M. Middlebrooks Miami 305-523-5540
Judge Alan S. Gold Miami 305-523-5580
Judge William P. Dimitrouleas Fort Lauderdale 954-769-5650
Judge Patricia A. Seitz Miami 305-523-5530
Judge Adalberto Jordan Miami 305-523-5560
Judge Paul C. Huck Miami 305-523-5520
Senior Judge James Lawrence King Miami 305-523-5000
Senior Judge Norman C. Roettger Fort Lauderdale 954-769-5550
Senior Judge William M. Hoeveler Miami 305-523-5570
Senior Judge Jose A. Gonzalez, Jr. Fort Lauderdale 954-769-5560
Senior Judge James C. Paine West Palm Beach 561-803-3430
Senior Judge Lenore C. Nesbitt Miami 305-523-5510
Senior Judge Kenneth L. Ryskamp West Palm Beach 561-803-3420
MAGISTRATE JUDGES' NAMES LOCATION TELEPHONE
Chief Magistrate Judge Linnea R. Johnson West Palm Beach 561-803-3470
Magistrate Judge Charlene H. Sorrentino Miami 305-523-5780 Magistrate Judge William C. Turnoff Miami 305-523-5710
Magistrate Judge Lurana S. Snow Fort Lauderdale 954-769-5460
Magistrate Judge Ann E. Vitunac West Palm Beach 561-803-3440
Magistrate Judge Ted E. Bandstra Miami 305-523-5700
Magistrate Judge Stephen T. Brown Miami 305-523-5740
Magistrate Judge Barry S. Seltzer Fort Lauderdale 954-769-5450
Magistrate Judge Barry L. Garber Miami 305-523-5730
Magistrate Judge Frank J. Lynch, Jr. Fort Pierce 561-595-9312
Magistrate Judge Robert L. DubJ Miami 305-523-5770
Magistrate Judge Andrea M. Simonton Miami 305-523-5930
Magistrate Judge John J. O'Sullivan Miami 305-523-5920
Magistrate Judge Peter R. Palermo Miami 305-523-5760
Magistrate Judge Hugh J. Morgan (P/T) Key West 305-295-8110
GENERAL FILING REQUIREMENTS (Local Rule 5.1)
These guidelines are provided to familiarize those individuals who represent themselves in a lawsuit in this Court with some of the rules and procedures which must be followed in the United States District Court for the Southern District of Florida. Pleadings should be simple and direct; technical, legal jargon is not required. For a sample of document/pleading refer to Appendix A.
Disclaimer: This summary does not take the place of a pro se litigant's responsibility to comply with the Local Rules, the Federal Rules of Civil Procedure and all other laws. The Local Rules of this Court may be obtained at the Intake Section in any of our offices free of charge or on our website: www.netside.net/usdcfls. This summary is NOT legal advice and reliance on it is at your own risk.
Once a case has been filed, it is extremely important for a plaintiff to be diligent in pursuing the case. The plaintiff has an obligation to attempt to make the case ready for trial. All parties must make their best efforts to complete discovery as to the facts of the case within the time limits and in accordance with procedures. In addition, a plaintiff must obey all orders of the Court that may be issued in the case and must appear for all conferences or hearings which a judge may schedule. Failure to do so is grounds for dismissal or sanctions.
Filing Hours: Documents may be filed with the Clerk's Office between the hours of 9:00 A.M. and 4:30 P.M., Monday through Friday, except on Federal holidays. After hours filing is available via an after hours depository box located in Miami, Fort Lauderdale and West Palm Beach in a designated area outside the Clerk's Offices. This box is accessible to the public in MIAMI between the hours of 7:30 A.M. and 6:00 P.M., FORT LAUDERDALE between the hours of 7:00 A.M. and 5:00 P.M. and in WEST PALM BEACH between the hours of 8:00 A.M. and 5:00 P.M.. Documents are collected from this box at 10:00 A.M. Monday through Friday and are file stamped with the previous business day's date. Pleadings that require immediate filing, but could not be submitted to the office by closing, may be submitted the next business day prior to 10:00 A.M. and receive the previous business day's file-stamp date. Customers should notify the Clerk that the pleading requires a file stamp from the previous day (Administrative Order 95-29).
Where to File: All pleadings, including copies for the judge, are to be filed with the Clerk's Office where the assigned judge is chambered (see page for listing) and must contain the case number assigned. However, new cases and summonses may be filed/issued in any divisional office in the Southern District of Florida. In accordance with Local Rule 5.1.B, do not file pleadings directly with chambers. All pleadings require a Clerk=s file stamp to ensure validity.
Paper Size: (Local Rule 5.1.A.3) All pleadings must be on 82" by 11" (letter size), white paper, with a centered, standard two-hole punch at the top. Pleadings should not be bound or double sided.
Copies Required: An original plus one copy of all documents must be filed (Local Rule 5.1.A.1). If you wish to obtain a file stamped copy for your records, you must provide an extra copy along with a self-addressed, stamped envelope. Attorneys should include their address, telephone number, facsimile telephone number, e-mail address and Florida Bar Number below their signature on all pleadings (Local Rule 5.1.A.5). In matters that have been consolidated, an additional copy is required for each case in the consolidation, unless otherwise ORDERED by the Court (Local Rule 5.1.A.7). If the Court designates a specific case number for pleadings to be filed in, please place a check mark next to that case number.
Motions: A motion is an application to the Court asking that the Court take certain action with respect to the conduct of the case.
Motions should be in writing (see Appendix A for format) and should state the action sought and set forth the facts. Motions are the primary way for litigants to ask the Court to take action in a case. An original and a copy for judge must be filed with the Clerk, along with self-addressed stamped envelopes for all parties to be used by the judge when he/she rules on your motion. It is the responsibility of the filing party to send a copy of the document/pleading to all opposing parties. If you wish to obtain a file stamped copy for your records, you must provide an extra copy along with an additional self-addressed, stamped envelope. Motions should not be sent directly to the judge.
NOTE: Pursuant to Local Rule 15.1, any amendment to a pleading, whether filed as a matter of course or upon a successful motion to amend, must reproduce the entire pleading as amended, except by leave of the Court.
Certificate of Service : Every document or pleading sent to the Clerk must contain a signed statement at the end certifying that you have sent a copy of that paper to all parties in the case. You must, of course, actually send all parties a copy of every paper you file.
Envelopes and Proposed Orders: Provide self-addressed, stamped envelopes for all parties entitled to receive notice when filing pleadings, motions or other papers that require an order from the Court. Additionally, it is required that a proposed order for consideration by the judge accompany all motions specified in Local Rule 7.1A.1.
Discovery: Discovery material on civil cases will not be tendered for filing. This Court will only accept discovery documents that clearly indicate on a notice of filing one of the exceptions cited in Local Rule 26.1.B, to wit:
1) discovery documents that have been ordered to be filed by the Court,
2) motion before the Court or support/objection thereto, and
3) discovery documents filed for trial /appellate purposes.
Please note that the Court reserves the discretion to refuse documents for filing that do not conform to the procedures referenced above and in Local Rule 26.1.B. Your cooperation in this matter is both imperative and appreciated.
FILING A NEW CIVIL CASE
The filing of a Complaint with the Clerk of the Court begins the civil lawsuit. The purpose of the complaint is to commence the formal legal process and to give notice to the person(s) being sued and to the Court about the nature of the lawsuit. It must also specify the federal statute giving the Court jurisdiction (Appendix B). Generally, each statement of claim should be made in separately numbered paragraphs, with each paragraph limited to a statement of a single set of facts, if possible. In this package you will also find a sample on how to style your complaint (Appendix C). The complaint must contain:
The Civil Cover Sheet: (Local Rule 3.3) (Appendix D) ALL SECTIONS MUST BE COMPLETED: the County where the Action Arose, Section I(d); Basis of Jurisdiction, Section II; citizenship of principal parties, only if it is a diversity case, Section III; Origin, Section IV, Nature of Suit, Section V; Cause of Action, Section VI; Estimated Time to try the Case, part of Section VI; Original signature of filer and other pertinent information.
Generally, suits should be filed in the district where the defendant resides or where the claim arose (28 U.S.C. § 1391).
Assignment of Cases: Civil cases are assigned at random to the judges of the district court. Assignments are made so that no party or lawyer may choose which judge will hear the case.
Filing Fee: The filing fee for a civil action is $150.00 and checks must be made payable to "Clerk, United States Court." If you are not financially able to pay this fee, you may file a Motion to Proceed in Forma Pauperis (IFP) (Appendix E), which will allow you to file your case without prepayment of the filing fee.
NOTE: In cases where an IFP Motion is filed, summonses are NOT issued until the IFP has been ruled on.
Service of Process:
Notice of Lawsuit and Waiver of Service of Summons: To avoid costs, the plaintiff may notify a defendant by mail of the commencement of the action and request that the defendant waive service of a summons, see Fed. R. Civ. P. 4(d) Appendix F.
Issuance of Summonses: (Appendix G) Upon filing a complaint, the plaintiff is responsible for prompt service of the summons and a copy of the complaint on each of the defendants named in the complaint (Fed. R. Civ. P. 4 ). An original summons and 3 copies must be prepared by the plaintiff for each defendant. Failure to serve the summons and complaint within 120 days of filing the complaint is grounds for dismissal of each party not served.
NOTE: In cases where an IFP Motion is filed, summonses are NOT issued until the IFP has been ruled on.
The summons must show the time within which the defendant is required to respond to the complaint. All defendants have twenty (20) days, with the exception of the United States, and/or all federal agencies which have sixty (60) days to respond. The time runs from the date the defendant is served with the complaint.
When an agency of the United States is named as a defendant, the summons must be served upon:
1. the agency or department named in the complaint;
2. the Attorney General of the United States, in Washington, D. C., and
3 the U. S. Attorney. It is required that the U. S. Attorney (or an Assistant U.S. Attorney or clerical employee designated by the U.S. Attorney) for the district in which the action is brought be served by sending a copy of the summons, complaint and other documentation previously mentioned by registered or certified mail addressed to the civil process clerk at the office of the U.S. Attorney.
The summonses must be issued (signed and sealed) by the Clerk and returned to the plaintiff together with the copies of the complaint to be served. The plaintiff must then have the summonses served with a copy of the complaint to each defendant, or to a person authorized to accept them for the defendant. The summonses are served by anyone over 18 years of age, who is not a party to the suit or by a Process Server (Appendix H).
If you choose to file a Motion to Proceed In Forma Pauperis (IFP) to waive the filing fee, summonses cannot be issued at the time of filing the complaint. You must wait until such motion is granted by the judge. Upon receiving the order granting such motion, you must present a copy of the order, along with the required completed summonses, to the Clerk's Office for issuing. If the request for leave to proceed in forma pauperis was granted, you may Move the Court to enter an order directing that service be made by the United States Marshal.
Proof of Service: The plaintiff must file with the Court proof that the defendant(s) have been served in accordance with Rule 4 of the Federal Rules of Civil Procedure.
Waiver of Service of Summons: If the waiver is returned signed by the defendant, the plaintiff must file it with the Clerk's Office. If the defendant does not return the waiver within the prescribed time frame, the plaintiff must prepare summonses to be issued and serve the defendant in the manner described above.
Service of Summons: It is the responsibility of the person serving the summons to prepare and file with the Clerk's Office the forms showing proof of service (see back of Appendix G - make sure both sides are copied) once it is made (Fed. R. Civ. P. 4(1)).
Answer to Complaint: Just as the plaintiff in the complaint must make a short, plain statement of the claim, the defendant in the answer must state the defenses to the claims and either admit or deny the specific allegations contained in the complaint (Fed. R. Civ. P. 8(b) see Appendix A for sample format).
As with all other pleadings, the defendant must file the answer with the Clerk and serve a copy on all opposing parties. Failure to answer or otherwise defend in a timely fashion is grounds for judgment by default against the defendant (Fed. R. Civ. P.55).
Plaintiffs should read the Federal Rules of Civil Procedure and the Local Rules to become thoroughly familiar with the procedures governing service of process.
DOCUMENTS TO SUBMIT IN SPECIFIC CIVIL ACTIONS
COMPLAINT AGAINST A PRIVATE PERSON OR CORPORATION
Civil Cover Sheet (JS-44):
Complaint:
Summons: Prepare four (4) summonses for each defendant:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
SUITS AGAINST THE UNITED STATES OR AN AGENCY THEREOF
Civil Cover Sheet (JS-44):
Complaint:
Summons: Prepare four (4) summonses for the federal agency named as a defendant:
Prepare four (4) summonses for the United States Attorney:
Prepare four (4) summonses for the Attorney General of the United States:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
SUITS INVOLVING THE SECRETARY OF STATE OF THE STATE OF FLORIDA
Civil Cover Sheet (JS-44):
Complaint:
Summons: Prepare four (4) summonses for each defendant:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
SUITS INVOLVING INSURANCE COMMISSIONER OUTSIDE OF FLORIDA
Civil Cover Sheet (JS-44):
Complaint: In a suit against the Insurance Commissioner outside of Florida, file the following:
Summons: Prepare six (6) summonses for each defendant:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
AMENDED COMPLAINT (Fed. R. Civ. P. 15)
An amended complaint can be filed without permission of the court only if no answer to the original complaint has been filed. If an answer has been filed, the party must move the Court for an order allowing the amended complaint to be filed, or must secure written consent of the adverse party.
Amended Complaint:
NOTE: Pursuant to Local Rule 15.1, any amendment to a pleading, whether filed as a matter of course or upon a successful motion to amend, must reproduce the entire pleading as amended, except by leave of the Court.
Summons: Prepare four (4) summonses for each new defendant named in the suit.
NOTE: If summonses are to be issued after the filing of the amended complaint, it would expedite the issuing process if a file-stamped copy of the amended complaint is also presented.
Filing Fee: There is no filing fee for this proceeding.
REMOVAL OF A CASE FROM STATE COURT (28 USC § 1441)
Civil Cover Sheet (JS-44):
Notice of Removal:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
REGISTRATION OF A JUDGMENT FROM ANOTHER DISTRICT (28 USC § 1963)
Submit an original and two copies:
Filing Fee: The filing fee is $20.00 payable to "Clerk, United States Court."
A certified copy will be returned to you, without cost, to record in the appropriate county recorder's office.
MOTION FOR RETURN OF SEIZED PROPERTY: An action to recover goods or chattels that have been wrongfully taken or detained.
NOTE: If this matter originated from a criminal case in this court, this motion should be filed in that criminal case and not as a new civil case.
Civil Cover Sheet (JS-44):
Petition or Motion:
Summons: Prepare four (4) summonses for each defendant:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
MOTION TO ENFORCE (COMPEL) OR QUASH DEPOSITION SUBPOENA FROM ANOTHER DISTRICT: Where a subpoena is issued in connection with an action pending in a court other than the Southern District of Florida, but directed to a person within the Southern District of Florida, a motion under Rules 37(a)(1) and 45(c)(3) must be made in the Southern District of Florida. Such a motion entails the commencement of a miscellaneous proceeding requiring the following:
Civil Cover Sheet (JS-44):
Motion to Enforce (Compel)/Quash:
NOTE: The place of taking the deposition and person being deposed must be in the Southern District of Florida.
Filing Fee: The filing fee is $20.00 payable to "Clerk, United States Court."
ADMIRALTY AND MARITIME CLAIMS
ATTACHMENT AND GARNISHMENT: IN PERSONAM: (Fed. R. Civ. P. Rule B, Supplemental Rules for Certain Admiralty and Maritime Claims)
Civil Cover Sheet (JS-44):
Verified Complaint:
Affidavit:
NOTE: If a summons and writ of attachment is to be issued, you must first obtain an Order directing the Clerk to do so.
Summons: Prepare four (4) summonses for each defendant:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
NOTE: If the attachment and garnishment are to be issued under state law:
COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY (Fed. R. Civ. P., Supplemental Rule F)
Civil Cover Sheet (JS-44):
Verified Complaint:
Affidavit:
Bond:
Notice of filing of All Claims:
Monition:
Notice of Publication (Local Rule 5.2):
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
ACTIONS IN REM (Fed. R. Civ. P. Rule C and Admiralty and Maritime Rules of the Local Rules): Complaints must be verified on an oath or solemn affirmation.
Civil Cover Sheet (JS-44):
Complaint:
Motion for Substitute Custodian:
Motion Directing the Clerk to Issue Warrant:
Warrant of Arrest:
Filing Fee: The filing fee is $150.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
NOTE: No prepayment of the filing fee is required if seamen institute and prosecute the suit in their own name and for their own benefit for wages or salvage or the enforcement of laws enacted for their health or safety (28 USC §1916). However, it is the responsibility of the filing party to pay the filing fee upon termination of the case.
DOCUMENTS FOR RELEASE OF VESSEL (Writ of Restitution for Cause Pending) (Fed. R. Civ. P. Supplemental Rules for Admiralty and Maritime and the Local Rules): This is the process used for the release of a vessel. Submit the following:
Claim of Owner:
Release Bond:
NOTE: The bond required is the amount of the claim plus six percent (6%) interest per annum from the date claimed to be due to a date twenty-four (24) months after the date the claim was filed, or by filing an approved stipulation or bond for the amount alleged plus interest as computed in this subsection (Fed. R. Civ. P. Rule E (5)(a) Admiralty and Maritime Claims and Local Rule E(8)(a)(1)).
U. S. Marshal Cost Form:
Unliquidated Items:
Filing Fee: There is no filing fee for this proceeding.
ENFORCEMENT OF JUDGMENTS
Writ of Execution (Fed. R. Civ. P. 69): This is the process used to enforce a judgment for the payment of monies. Submit the following:
Writ of Execution: See Appendix I for form. Prepare five (5) proposed writs:
Filing Fee: There is no filing fee for this action.
Writ of Garnishment after Judgment (Fed. R. Civ. P. 64): The process for the seizure of person or property for the purpose of securing satisfaction of the judgment. Submit the following:
Writ of Garnishment: Prepare five (5) proposed writs:
Service:
Filing Fee: There is no filing fee, however, a $100.00 deposit into the Court Registry is required (Florida Statute 77.28), unless waived by court order.
NOTE: Continuing writs require an order of the Court, therefore, all such applications must be made to the Court. The $100.00 deposit applies, unless waived by the court.
APPEALS TO THE UNITED STATES COURT OF APPEALS
Notice of Appeal:
Envelopes:
Filing Fee: The filing fee is $105.00 payable to "Clerk, United States Court." An original and one copy for the judge of the Motion to Proceed In Forma Pauperis may be filed in lieu of the fee.
When to File: The notice of appeal should be filed after the order of judgment has been entered on the docket (Fed. R. App. P. 4(b)).
NOTE: The appellee will be sent an Eleventh Circuit Transcript Information Form (formerly known as the Appeal Information Sheet) to complete. This form and any requests for transcripts must be filed with the Clerk's Office of the district court.
CIVIL SUBPOENAS (Fed. R. Civ. P. Rule 45)
In General: Rule 45 of the Federal Rules of Civil Procedure was amended effective December 1, 1991. The requirement that a subpoena be issued under the seal of the Court has been abolished. Instead the only requirement is that it be signed. Therefore, it is no longer necessary that subpoenas be issued by the Clerk's Office. Although the Clerk still has authority to do so, the subpoenas may be issued by counsel as officers of the Court. Other parties who are not officers of the Court must have the Clerk's Office sign the subpoena for them.
Attorneys are authorized to issue subpoenas in the name of any court in which they are authorized to practice. In the case of a deposition or a production of documents taking place in another district, the name of that court and case number (where the deposition or production is to take place) should be typed at the top of said subpoena.
It is not required that the attorney be a member of the bar or admitted pro hac vice in the district in whose name the subpoena is issued, as long as the deposition or production pertains to a primary action in a court in which the attorney is authorized to practice.
Witness Fee: The fee for a witness being subpoenaed is $40.00 per day and mileage is 32.5 cents per mile (28 USC § 1821).
Proof of Service: Proof of service of the subpoena is required to be filed only in the event of a dispute or upon order of the Court.
Forms: Blank forms are available at the Intake Section of any Clerk's Office.
NOTE: The place of taking the deposition and person being deposed must be in the Southern District of Florida.
Subpoena enforcement: Refer to page14 of this booklet Motion to Enforce or Quash Deposition Subpoena from another District.
CONFIDENTIAL FILINGS (Local Rule 5.4)
Documents and cases are sealed when it is determined by a judge that the information contained in them should not be a part of the public record. Parties seeking to file matters under seal shall follow the procedures prescribed by Local Rule 5.4 (Appendix J) and submit:
EMERGENCY JUDGE
Emergency judges are selected randomly to handle emergency filings when the assigned judge is physically absent from the District, unavailable due to illness, or on vacation (Local Rule 3.7.B). If the presiding judge on the case is out of the District, the party filing an emergency matter must complete a Certification of Emergency form (Appendix K) attesting that the emergency matter is not caused by a lack of due diligence by the filing party. These forms are available at all Clerk=s Offices.
DUTY JUDGE
A duty judge is assigned on a rotating basis for the Miami, Fort Lauderdale and West Palm Beach offices. The duty judge presides over the following matters pursuant to Local Rule 3.8:
LOCATION OF CASE FILES
Case files are maintained where the assigned judge is chambered. Cases that have been closed and which are not on appeal are sent to the Federal Records Center in East Point, Georgia. The cost to retrieve files from the Federal Records Center is $25.00 per file or you may contact the FRC directly at (404)763-7474.
Here is an example of a typical case number:
00-1234-CIV-DAVIS/BANDSTRA
00 = The last two digits of the year the case was filed
1234 = The number of the case
CIV = The abbreviation denoting a civil case
DAVIS = The surname of the district judge assigned to the case
BANDSTRA = The surname of the magistrate judge assigned to the case
OBTAINING INFORMATION FROM THE CASE
Computer terminals that allow access to the electronic case docket are available in the Miami, Fort Lauderdale and West Palm Beach Clerk's Offices. The electronic docket is available for civil cases filed from August 1990 to present and for criminal cases from January 1992 to present. Anyone interested in accessing this electronic docket via a modem to a personal computer can subscribe to the Court PACER system. Contact the PACER Service Center at 1-800-676-6856 or visit their web site at: http://pacer.psc.uscourts.gov. In addition, scanned images for cases that are three years old or less are available via Pacer.
The Clerk's Office has initiated a project to scan all pleadings in civil cases filed from June 1, 1996 to present and criminal cases filed from November 1996 to present. The scanned images of the pleadings can be retrieved from the public terminals in the Miami, Fort Lauderdale and West Palm Beach Clerk's Offices.
These Clerk=s Offices also have microfiche indices of Civil and Criminal cases since mid-1985.
Should copies be requested from the file, there is a $.50 cents per page copy charge. If a certified copy is required, the charge is $5.00 per document for the certification in addition to the per page charge. If a large volume of copies is needed, contact the Clerk's Office where the presiding district judge on the case is located for further information (see page 5 of this booklet).
AVAILABILITY OF PUBLIC COMPUTERS
Our offices are now equipped with public use terminals in the Intake lobby areas where case searches may be performed by party name or case number.
Each of the staffed Clerk's Offices makes the party index available to the public so case numbers can be researched. You may research case information yourself at no charge. If you request the Clerk's Office staff to conduct a search, it is subject to a $15.00 search fee per name.
ADMISSION TO THE FEDERAL BAR
The requirement for admission to the Federal Bar of the Southern District of Florida is contained in the Local Rules for this District, Special Rules Governing the Admission and Practice of Attorneys, and Administrative Order 95-52.
Under an agreement with the Northern District of Florida, attorneys may also take exams in the Southern District of Florida to be admitted to practice in the Northern District of Florida.
Application: An applicant must be a member in good standing of the Florida Bar. The petition for admission to the Bar may be obtained from the Intake Section of any Clerk=s Office. The fee for admission is $75.00 payable to "Clerk, United States Court." If requested through the mail, be sure to include a self-addressed, stamped envelope.
Information, applications and fees for admission to the Northern District of Florida must be obtained through that District. Their address is: U.S. District Court, Northern District of Florida, 30 W. Government Street, Room 205, Panama City, Florida 32401, (850) 769-4556.
Exam: The applicant must receive a passing grade on the Uniform Examination, approved and adopted by the District Examination Committees of the Northern and Southern Districts of Florida and by the respective Courts.
Pro Hac Vice Appearance Local Rule 4 (B): An attorney who is a member in good standing of the Bar of any United States Court or the highest court of any state or territory or insular possession of the United States, but is not admitted to practice in this District, may be permitted to appear and participate in a particular case. The attorney must certify that he/she has studied the Local Rules of this District and such application shall designate a member of the bar of this Court to serve as an advisor. Each attorney must file a motion to appear pro hac vice (Appendix L) on each case along with a filing fee of $75.00 per case, payable to "Clerk, United States Court." (Administrative Order 96-61). If granted, such limited appearance does not constitute formal admission to the Bar of this Court.
Government Attorneys: Any attorney from the offices of or representing the United States Attorney, Federal Public Defender, Attorney General of the United States, other United States government agencies or the Attorney General of the State of Florida may appear and participate in particular actions or proceedings on behalf of the attorney=s agency without petition for admission. Any attorney so appearing is subject to all rules of this Court.
MEDIATION (L. R. 16.2)
Mediation is a supervised settlement conference presided over by a qualified, certified and neutral mediator to promote conciliation, compromise and the ultimate settlement of a civil action. Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida implemented court annexed mediation in this District. This rule defines the types of cases subject to mediation and the procedures to refer a case or claim to mediation. It is recommended that all parties in a case in this District refer to Rule 16.2 of the Local Rules of this Court. Applications to become a certified mediator and/or a current listing of approved mediators may be obtained at the Intake counter at any of the Clerk's Offices.
NOTICE OF 90 DAYS EXPIRING AND RIPENESS FOR HEARING
(L. R. 7.1.B.3)
When a motion has been fully briefed and pending for more than 90 days with no hearing set, the Clerk of the Court shall send to the Court and to all parties a "Notification of 90 Days Expiring and Ripeness for Hearing." any party may file a Notice of 90 days Expiring and Ripeness for Hearing. The Rule states: "Any party may request the Clerk to do so, and in that event, the Clerk shall not file the request in the Court file nor indicate the identity of the party making the request. When the Court receives such notification, it shall set the matter for hearing within 10 days of receipt of the notification or shall issue an order resolving the motion or other matter during that same 10 day period." A party's request should be in the form of a letter submitted to the Miami Clerk's Office "Attention: Room 321". The letter should identify the case by name and number and should identify, by docket number, the motion as well as any supporting, opposing and reply memoranda. The Clerk's Office will not file stamp the request and the judge presiding over the case will not know who submitted the request.
OFFICE OF THE CLERK
United States District Court
Southern District of Florida
GENERAL CIVIL CASE FILING REQUIREMENTS
REVISED OCTOBER, 2000
CLARENCE MADDOX
COURT ADMINISTRATOR/CLERK OF COURT
The Mission of the Clerk's Office for the Southern District of Florida is to be the mechanism for the judges, the bar, litigants, and the public, to resolve disputes in a just and efficient manner.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. _________________________________________
(to be assigned upon filing if this is a new civil complaint)
______________________________)
(Plaintiff(s)) )
)
vs. )
______________________________)
(Defendant(s)) )
)
)
)
)
)
I, plaintiff, in the above-styled cause, sues defendant(s); .
(Allegation of jurisdiction, i.e., under which federal law or section of the U.S. Constitution this action is being filed - refer to Appendix B for a list)
This action is filed under: ______________________________________________________________________
(Statement of facts)
________________________________________________________________________
(Relief request, i.e., State what you want the Court to do or award)
Wherefore,
Signed this day of , 20 .
By: _____________________________
(Signature of filer)
_____________________________
(Address)
_____________________________
(Phone Number)
_____________________________
(Facsimile Number)
_____________________________
(E-mail address)
_____________________________
(Florida Bar Number)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. ________________________________________
(Case No.-Civ or Cr-U.S. District Judge's last name/U.S. Magistrate Judge's last name)
______________________________)
(Plaintiff(s)) )
)
vs. )
______________________________)
(Defendant(s)) )
)
)
)
)
)
_________________________________
I, plaintiff or defendant, in the above-styled cause,
Certificate of Service
I __________________________, certify that on this date _______________, a true copy
of the foregoing document was mailed to: ______________________________________
(name(s) and address(es))
________________________________________________________________________
________________________________________________________________________
By: _____________________________
(Signature of filer)
_____________________________
(Address)
_____________________________
(Phone Number)
_____________________________
(Facsimile Number)
_____________________________
(E-mail address)
_____________________________
(Florida Bar Number)
For appendices, please refer to the pdf or tif versions of this document available at this website.