Judge Jared M. Strauss
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Adjournments
- Discovery disputes must be brought to court within 28 days of when grounds for relief occur.
- Discovery disputes must be brought to court at least 7 days before discovery cutoff, absent exceptional circumstances.
Page & Word Limits1 rule
Any such motion and any response thereto shall be limited to 5 pages or less (double-spaced). No reply may be filed absent separate Court order.
- Motion
- Up to 5 pages
- Format
- Double-spaced
- Discovery motions
Document Filing Requirements8 rules
All discovery objections must be specific; generalized, vague, or boilerplate objections are not permitted and will not be sustained.
- Document
- Discovery objection
Must include
- •Specificity
Court's wording
All objections to discovery requests must be specific. The parties shall not make generalized, vague, or boilerplate objections. Nonspecific objections do not comply with the Federal Rules of Civil Procedure or the Local Rules and will not be sustained by this Court. See Fed. R. Civ. P. 33(b)(4) ('The grounds for objecting to an interrogatory must be stated with specificity.'); Fed. R. Civ. P. 34(b)(2)(B) ('For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request.').
Objections based on 'reasonably calculated to lead to admissible evidence' are meritless; must include specific explanation for relevance/proportionality objections.
- Document
- Discovery objection
Must include
- •Specific explanation
Court's wording
Therefore, an objection that a discovery request is not reasonably calculated to lead to admissible evidence is based upon an outdated discovery standard. This Court will find such an objection, standing alone, to be meritless. An objection based on relevance or proportionality must include a specific explanation describing why the request lacks relevance and/or why the requested discovery is disproportionate in light of the factors listed in Rule 26(b)(1).
If the objecting party asserts that the request seeks materials that are not relevant, the objection should say so and should explain why. Alternatively, if the objector asserts that the request seeks materials that are relevant but excessive or cumulative, the objection should state that the request is disproportionate and explain why.
Objections stating 'vague, overbroad, or unduly burdensome' without explanation are meaningless and will be stricken.
Court's wording
Objections that state that a discovery request is “vague, overbroad, or unduly burdensome” are, standing alone, meaningless, and will be stricken by this Court. If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on vagueness grounds.
Parties must respond to undisputed portions of discovery requests even when objecting to other parts.
Court's wording
The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested. For example, if there is an objection based upon the scope of the request, such as time frame or geographic location, discovery should be provided as to the time period or locations that are not disputed.
Parties must confer in good faith to narrow scope before asserting objections for irrelevant, disproportionate, or unduly burdensome requests.
Court's wording
If a party believes a discovery request seeks irrelevant information, is disproportionate, or is unduly burdensome, that party shall confer in good faith with opposing counsel to narrow the scope of the request before asserting these objections.
Stipulated orders require joint motion and Word version emailed to judge.
- Document
- Stipulated order
Must include
- •Joint motion
Court's wording
When the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall file a joint motion for entry of the stipulated order (attaching a copy of the proposed stipulated order). Immediately after the motion is filed, the parties shall email a Word version of the proposed stipulated order to strauss@flsd.uscourts.gov.
Discovery disputes must be filed as "Notice of Discovery Dispute" after good faith conferral, not as motions.
Court's wording
The moving party may request a discovery hearing – only after adequate good faith conferral regarding each and every issue – by filing a "Notice of Discovery Dispute" (not a motion). The notice shall briefly describe (in one or two sentences) the nature of the discovery dispute (e.g., the type of discovery at issue and the number of requests at issue), shall state the
Filing & Service rules
Filing Bundling Requirements
Written discovery motions between parties are prohibited unless specifically authorized by court order.
No written discovery motions 2 concerning discovery disputes between parties shall be filed unless specifically authorized by Order.
Civil cases
Pre-Motion Conference Requirements
Discovery disputes require in-person or phone conference before seeking court intervention.
If a discovery dispute arises, counsel must confer by actually speaking to one another (in person or via telephone) and engage in a genuine effort to resolve the discovery dispute before seeking Court intervention. Conferring via email or text message is not sufficient.
Civil cases
Adjournment & Extension Requirements
Discovery disputes must be brought to court within 28 days of when grounds for relief occur.
A party seeking Court intervention regarding a discovery dispute must do so in accordance with the next section (Section C) within 28 days of when grounds for relief occur.
Civil cases
Discovery disputes must be brought to court at least 7 days before discovery cutoff, absent exceptional circumstances.
Moreover, absent exceptional, unavoidable circumstances, any party seeking Court intervention regarding a discovery dispute must do so (in accordance with the next section) at least 7 days prior to the discovery cutoff. Failure to seek Court intervention at least 7 days prior to the discovery cutoff may result in automatic denial of the relief requested.
Civil cases
Junior Lawyer Participation Incentives
A party should advise the Court prior to the beginning of the hearing if a lawyer of 5 or fewer years of experience will be arguing the matter.
A party should advise the Court prior to the beginning of the hearing if a lawyer of 5 or fewer years of experience will be arguing the matter.
Civil cases
Court allows multiple lawyers to argue if junior lawyer is presenting.
In that event, the Court will allow multiple lawyers to argue on behalf of that party.
Civil cases