Judge Robert N. Scola, Jr.
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Phone
Chambers
Page & Word Limits2 rules
Any discovery motion and response, including the incorporated memorandum of law, may not exceed 10 pages. Any reply memoranda may not exceed five pages.
Discovery Motion
10 pages
Response
10 pages
Reply
5 pages
Each party is limited to filing one motion in limine and one Daubert motion. If a party cannot address his or her evidentiary issues or expert challenges in a 20-page motion, leave to exceed the page limitation will be granted upon a showing of good cause.
Motion
20 pages
Document Format Requirements4 rules
Proposed jury instructions must also be emailed to the Court at scola@flsd.uscourts.gov in Word format (.doc).
The parties must jointly file their proposed jury instructions via CM/ECF, and must also submit their proposed jury instructions to the Court via e-mail at scola@flsd.uscourts.gov in Word format (.doc).
DOCX
Proposed voir dire questions must be emailed to the Court in Word format (.doc).
The proposed questions must be filed with the Court at the time of the filing of the joint pretrial stipulation, ===== PAGE 4 ===== and must also be submitted to the Court via e-mail at scola@flsd.uscourts.gov in Word format (.doc).
DOCX
Plaintiff’s exhibits must be marked numerically with the letter “P” as a prefix. Defendant’s exhibits must be marked alphabetically with the letter “D” as a prefix.
Where both parties agree on a proposed instruction, that instruction must be set out in regular typeface. Instructions proposed only by a plaintiff must be underlined. Instructions proposed only by a defendant must be bold-faced.
Document Filing Requirements14 rules
Joint proposed scheduling order not required; parties must indicate case track and discovery timeline in joint plan.
The parties do not need to submit a joint proposed scheduling order pursuant to Local Rule 16.1(b)(3). Instead, the parties must inform the Court, in their discovery plan and conference report, which case track they believe this case should be assigned pursuant to Local Rule 16.1(a) and the proposed time limit to complete discovery.
DocumentJoint Discovery Plan
Joint discovery plan and conference report due within 14 days of meet and confer.
Within 14 days of the parties' discovery and scheduling conference, the parties must file a joint discovery plan and conference report, as set forth in Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2).
DocumentJoint Discovery Plan
Deadline to file Proposed Order Scheduling Mediation, setting forth the name of the mediator, and the date, time, and location of the mediation, consistent with the Order of Referral to Mediation (which immediately follows this scheduling order).
DocumentProposed Order
The parties must submit an interim joint status report addressing service, defendants’ responses, class certification if applicable, mediation, settlement negotiations, and discovery status.
2. Interim Joint Status Report. The parties are required to submit an interim joint status report addressing the following issues: a) Have all defendants been served? If not, state the reasons. b) Have all defendants responded to the complaint? If not, state the reasons. c) If this is a class action, has a motion for class certification been filed? If so, what is its status? d) Have the parties agreed on and selected a mediator? Have the parties agreed upon a place, date, and time for mediation? e) Have the parties engaged in informal settlement negotiations? If not, explain the reasons for the failure to do so. If yes, state the status of such negotiations (e.g., ongoing, impasse, etc.) and the relative prospects for resolution through informal means. f) Describe the status of discovery conducted to date, and identify whether the parties reasonably believe that they will be able to complete discovery by the Court’s deadline. If not, explain the reasons.
DocumentInterim Joint Status Report
Every instruction must be supported by a citation of authority.
DocumentJury Instructions
All trial exhibits must be pre-marked.
DocumentTrial Exhibits
Any party intending to use deposition testimony as substantive evidence must designate by line and page reference those portions in writing.
DocumentDeposition Designations
The parties are reminded that motions in limine and Daubert motions must contain the Local Rule 7.1(a)(3) pre-filing conference and certification.
DocumentMotion
At trial, the parties must submit a list of all exhibits showing each pre-marked label and a brief description.
A list setting out all exhibits must be submitted at the time of trial. This list must indicate the pre-marked identification label (e.g., P-1, or D-A) and must also include a brief description of the exhibit.
DocumentTrial Exhibit List
The parties must submit their proposed jury instructions jointly, though they need not agree on each proposed instruction.
DocumentJury Instructions
Lead counsel must complete the attached form Order Scheduling Mediation and submit it to the Court.
DocumentOrder Scheduling Mediation
The parties must agree on a place, date, and time for mediation and lead counsel must submit the proposed order scheduling mediation, no later than the deadline set forth in the Scheduling Order.
DocumentProposed Order
The report must also indicate whether the case settled (in full or in part), was adjourned, or whether the mediator declared an impasse.
DocumentMediation Report
At least 14 days prior to the mediation date, each party must present to the mediator a confidential brief written summary of the case identifying issues to be resolved.
DocumentMediation Summary
Filing & Service rules
Electronic Filing Rules
The parties must jointly file proposed jury instructions through CM/ECF and also email them to the Court in Word format (.doc).
The parties must jointly file their proposed jury instructions via CM/ECF, and must also submit their proposed jury instructions to the Court via e-mail at scola@flsd.uscourts.gov in Word format (.doc).
Civil cases
Page 3 | Jury Instructions
Proposed voir dire questions must be filed with the joint pretrial stipulation and emailed to the Court in Word format (.doc).
The proposed questions must be filed with the Court at the time of the filing of the joint pretrial stipulation, ===== PAGE 4 ===== and must also be submitted to the Court via e-mail at scola@flsd.uscourts.gov in Word format (.doc).
Civil cases
Page 4 | Voir Dire Questions
Filing Timing and Cure Windows
Deposition designations must be filed with the Court 14 days before the joint pretrial stipulation deadline.
The designations must be served on opposing counsel and filed with the Court 14 days before the deadline to file the joint pretrial stipulation.
Civil cases
Page 3 | Deposition Designations
The adverse party must file objections and cross-designations within seven days.
The adverse party must serve and file any objections and any cross-designations within seven days.
Civil cases
Page 3 | Deposition Designations
The initial party must serve and file objections to the cross-designations within seven days.
The initial party then has seven days to serve and file objections to the cross-designations.
Civil cases
Page 3 | Deposition Designations
If the case settles in whole or in part, counsel must file a notice of settlement signed by counsel of record within 14 days after the mediation conference.
If a full or partial settlement is reached in this case, counsel must promptly notify the Court of the settlement in accordance with Local Rule 16.2(f), by the filing of a notice of settlement signed by counsel of record within 14 days of the mediation conference.
Civil cases
Page 6 | Order Of Referral To Mediation
The mediator must file a report stating whether all required parties attended within seven days after the mediation conference.
Within seven days following the mediation conference, the mediator must file a Mediation Report indicating whether all required parties were present.
Civil cases
Page 6 | Order Of Referral To Mediation
If the mediator does not file the report within seven days, lead counsel must file it within 14 days after the mediation conference.
If the mediator fails to file a Mediation Report within seven days following the mediation conference, lead counsel must file a Mediation Report within 14 days after the mediation conference.
Civil cases
Page 6 | Order Of Referral To Mediation
Notice to the mediator of a cancellation or settlement before the scheduled mediation must be given at least three full business days in advance.
Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least three full business days in advance.
Civil cases
Page 6 | Order Of Referral To Mediation
Service and Proof of Service Rules
The adverse party must serve and file objections and cross-designations within seven days.
The adverse party must serve and file any objections and any cross-designations within seven days.
Civil cases
Page 3 | Deposition Designations
The initial party must serve and file objections to cross-designations within seven days.
The initial party then has seven days to serve and file objections to the cross-designations.
Civil cases
Page 3 | Deposition Designations
Deposition designations must be served on opposing counsel and filed with the Court 14 days before the joint pretrial stipulation deadline.
The designations must be served on opposing counsel and filed with the Court 14 days before the deadline to file the joint pretrial stipulation.
Civil cases
Page 3 | Deposition Designations
Pre-Motion Conference Requirements
Discovery motions require good-faith conference certification and have expedited briefing with shortened page limits.
Discovery motions (which must contain the Local Rule 7.1(a)(3) certification of good-faith conference) will be handled on an expedited briefing schedule and with a shortened page limitation, to prevent delay to the pretrial schedule.
Civil cases
Parties must meet and confer within 21 days of defendant's response.
Within 21 days of the filing of a response to the complaint by a Defendant in this matter, the parties must meet and confer regarding discovery and scheduling issues, as set out in Federal Rule of Civil Procedure 26(f) and Local Rule 16.1(b).
Civil cases
Responses and replies to discovery motions due within 7 days.
The parties must file responses and replies to discovery motions no later than seven days after a motion, or response, is filed.
Civil cases
Adjournment & Extension Requirements
The parties may not reschedule the mediation without leave of the Court.
The parties may not reschedule the mediation without leave of the Court.
Civil cases
Page 7 | Order Scheduling Mediation
Chambers Communication Rules
If the matter settles, counsel must promptly notify the Court by telephone or email.
If this matter is settled, counsel are directed to inform the Court promptly via telephone (305-523-5140) and/or e-mail (scola@flsd.uscourts.gov).
Civil cases
Page 4 | Settlement Notification