Judge Peter M. Brigham
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Communication
Chambers
Page & Word Limits1 rule
Unless the court gives prior permission, a legal memorandum may not exceed fifteen pages.
Absent prior permission of the Court, no party shall file a legal memorandum in excess of fifteen (15) pages in length.
Legal Memorandum
15 pages
Document Filing Requirements10 rules
An opposing party must file and serve an opposition legal memorandum with citations to authority within fifteen days after service of the motion or application.
Each party opposing any written motion or other application shall file and serve, withing fifteen (15) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.
Document Type
Opposition Memorandum
A moving party must file and serve a supporting legal memorandum with citations to authority with any written motion or other application, except for the specifically listed motions and applications.
In making any written motion or other application to the Court for the entry of an order of any kind, the moving party shall file and serve with such motion or application a legal memorandum with citations to authority in support of the relief requested.
Document Type
Written Motion Or Application
A motion for continuance, default addressed to the court, confirmation of an arbitration award, qualifying discovery-extension motion, or withdrawal or substitution of counsel need not include a memorandum of law.
The following motion need not be accompanied by a memorandum of law: a. Motion for Continuance; b. Motion for Default Addressed to the Court; c. Motion for Confirmation of Arbitration Award; d. Motion for Extension of Time in which to complete discovery providing good cause is set forth in the motion; and e. Motion to Withdraw or Substitute Counsel.
Document Type
Motion
Before filing the specified motions to compel, counsel must confer in good faith with opposing counsel and certify at filing that the conferral occurred and the dispute remains unresolved.
Before filing a motion to compel pursuant to the Florida Rules of Civil Procedure, Rule 1.380, or a motion to compel pursuant to Rule 1.180(c), counsel shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised, and shall certify to the Court at the time of filing the motion that s/he has conferred with opposing counsel and has been unable to resolve the dispute.
Document Type
Discovery Motion
Except for motions based on a complete failure to respond to discovery, discovery motions must quote the discovery request and objection in full and state with citations why the objection should be overruled or sustained.
Except for motions grounded upon a complete failure to respond to discovery, discovery motions shall: (1) quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; (2) quote in full the objection and grounds given therefore; and (3) state (with citations to authority) the reasons such objection should be overruled or sustained.
Document Type
Discovery Motion
A stipulated motion in limine must be filed before the pre-trial conference with an agreed proposed order granting the requested relief.
A) Any Motions in Limine that are stipulated to between the parties (after meeting) shall be filed with an agreed upon PROPOSED ORDER granting the relief requested for this Court's consideration and signature PRIOR TO PRE-TRIAL.
Document Type
Stipulated Motion In Limine
An uncontested or stipulated motion in limine must certify that opposing counsel does not object to entry of the order.
B) Uncontested/stipulated Motions in Limine MUST indicate and certify that opposing Counsel has no objection to the entry of the order.
Document Type
Stipulated Motion In Limine
A contested motion in limine must certify that all attempts to resolve the issue have failed.
B) Contested Motions MUST indicate and certify that all attempts at resolution have failed and each Motion and Response filed thereto shall have attached a PROPOSED ORDER GRANTING/DENYING the specific relief requested.
Document Type
Contested Motion In Limine
The proposed order must contain in its body the certification that opposing counsel has no objection to entry of the order.
Said certification shall also be contained in the body of the proposed Order that shall be provided to this Court as set forth above.
Document Type
Proposed Order
Counsel intending to file and serve a reply memorandum must notify the trial court's judicial staff after receiving an opposing memorandum.
If, upon receipt of an opposing memorandum, counsel determines further ===== PAGE 2 ===== argument of his client's position is required, s/he must notify the trial court's judicial staff that s/he intends to file and serve a reply memoranda.
Document Type
Reply Memorandum
Filing & Service rules
Filing Timing and Cure Windows
A stipulated motion in limine must be filed before the pre-trial conference.
A) Any Motions in Limine that are stipulated to between the parties (after meeting) shall be filed with an agreed upon PROPOSED ORDER granting the relief requested for this Court's consideration and signature PRIOR TO PRE-TRIAL.
Page 1 | Stipulated Motions in Limine
All motions in limine must be filed before the pre-trial conference to be considered.
All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.
Page 1 | Motion in Limine Procedure Order
No later than 30 days before the pre-trial conference, attorneys must meet or discuss all possible motions in limine in an attempt to stipulate to them.
A) No later than 30 days prior to the Pre-Trial Conference the attorneys shall meet and/or discuss all Motions in Limine in an attempt to stipulate to any and/all possible Motions in Limine.
Page 1 | Mandatory Meeting Prior to Pre-Trial
A motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.
***ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED***
Page 1 | Motion in Limine Procedure Order
An untimely motion in limine or response will not be considered by the Court.
Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.
Page 2 | Contested Motions in Limine
All contested motions in limine must be filed no later than 20 days before the pre-trial conference.
D) ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER THAN 20 DAYS PRIOR TO THE PRE-TRIAL.
Page 2 | Contested Motions in Limine
The opposing party has 10 days from the filing of a motion in limine to file a response.
The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.
Page 2 | Contested Motions in Limine
Failure to respond within the allowed time may be sufficient cause for granting the motion by default.
Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default.
Page 1 | Timely opposing memoranda
If a party has no objections and will not file a responsive memorandum, counsel must file written notice of no objection with the court clerk within ten days of service.
If a party has no objections to a motion and does not intend to file a responsive memorandum, counsel shall file, withing ten days of service of said motion, written notice of no objection with the Clerk of the Court so indicating.
Page 1 | Timely opposing memoranda
Courtesy Copy Requirements
All original pleadings and papers must be filed with the court clerk, and a courtesy copy must be provided to the court.
All original pleadings and papers shall be filed with the Clerk of the Court and a courtesy copy shall be provided to the Court.
Page 2 | Motions to be filed with the Clerk
Pre-Motion Conference Requirements
All unstipulated motions in limine must be filed in accordance with the Court's motion practice procedure order.
C) ALL MOTIONS IN LIMINE THAT ARE NOT STIPULATED MUST BE FILED IN ACCORDANCE WITH THE COURT'S MOTION PRACTICE PROCEDURE ORDER.
Page 2 | Contested Motions in Limine
Oral argument may be permitted on the Court's own motion or written request by an interested party, but a request must accompany the motion or opposition memorandum and estimate argument time.
The Court may permit oral argument upon the written request of any interested party or upon the Court's own motion. Requests for oral argument must accompany the motion or opposing legal memorandum and must estimate the time required for argument.
Page 2 | Oral argument
Failure to comply with the order may subject the party or counsel to appropriate sanctions.
***FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER WILL SUBJECT THE PARTY AND/OR COUNSEL TO APPROPRIATE SANCTIONS***
Page 2 | Contested Motions in Limine
Reply memoranda are prohibited and will not be considered by the Court.
NO REPLY MEMORANDUM SHALL BE PERMITTED or considered by this Court.
Page 2 | Contested Motions in Limine
Motions and applications will ordinarily be decided on the papers unless a hearing is required by rule or law.
Motions and other applications will ordinarily be determined by the Court on the basis of motion papers and legal memoranda unless a hearing is required by rule or law.
Page 2 | Oral argument
Adjournment & Extension Requirements
When a reply memorandum is timely noticed, the court may defer determination of the matter for up to five days while the reply is prepared and filed.
In such case, determination of the matter will be deferred by the Court for up to five (5) days pending preparation and filing of the reply.
Page 2 | Replies
Chambers Communication Rules
The public must not call the Court seeking to discuss a pending case with a judge.
*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case.
Page 1 | Notice to the Public
The PMBcalendarrequest@circuit5.org address must be used to request a hearing date.
Please use the following address to request a hearing date: PMBcalendarrequest@circuit5.org
Page 1 | Office Information
Email kplemmons@circuit5.org is provided as a contact address.
Email: kplemmons@circuit5.org
Page 1 | Office Information