Southern District of Florida Filing Timing and Cure Windows

CRITICALCivil cases

Failure to file required default motions within specified time may result in sanctions including dismissal without prejudice.

Plaintiff’s failure to file a Motion for Default Final Judgment, and, if applicable, a Motion to Determine Joint and Several Liability on Default within the specified time will result in sanctions, including but not limited to, dismissal without prejudice as to those Defendants.

CRITICALCivil cases

Discovery disputes must be raised in a timely manner per Local Rule 26.1(g)(2), which the Court strictly enforces.

Discovery disputes must be timely raised as required by Local Rule 26.1(g)(2). The Court strictly enforces this Rule.

CRITICALCivil cases

Plaintiff must file either Motion for Default Final Judgment or Motion to Determine Joint and Several Liability on Default within 7 days of Clerk's entry of default.

Once the Clerk enters default, Plaintiff must file one of the following two responses within seven (7) days of the entry of a Clerk’s Default: 1. Where there is only one Defendant, or where there are multiple Defendants but no allegations of joint and several liability and no possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion for Default Final Judgment. 2. Where there are multiple Defendants and allegations of joint and several liability or the possibility of inconsistent liability between Defendants, Plaintiff shall file a Motion to Determine Joint and Several Liability on Default.

CRITICALCivil cases

Once liability is resolved as to all Defendants, Plaintiff may move for the entry of default final judgment against Defendants, as described in (1) above, no later than seven (7) days thereafter.

Once liability is resolved as to all Defendants, Plaintiff may move for the entry of default final judgment against Defendants, as described in (1) above, no later than seven (7) days thereafter.

CRITICALCivil cases

Plaintiff must file Motion for Entry of Clerk’s Default within 7 days of defendant's answer deadline if no response is filed, with failure resulting in potential dismissal without prejudice.

If a Defendant or Defendants fail to file any response(s) to Plaintiff’s Complaint, Plaintiff shall submit a Motion for Entry of Clerk’s Default with respect to Defendant(s), no later than seven (7) days of the deadline for Defendant(s) to file an Answer or otherwise appear. Plaintiff’s failure to file a Motion for Entry of Clerk’s Default within the specified time may result in dismissal without prejudice and without further notice as to the Defendant(s).

CRITICALCivil cases

Discovery disputes must be raised within thirty days, with a possible seven-day agreed extension, as required by Local Rule 26.1(g)(1).

Discovery disputes must be raised timely as required by S.D. Fla. L.R. 26.1(g)(1). The Court strictly enforces this Rule, and interprets the thirty-day window as the opportunity during which good faith resolution efforts must be made (subject to the seven-day agreed extension permitted by the rule).

CRITICALCivil cases

Plaintiffs must file a motion for default final judgment within seven days after entry of a Clerk’s Default.

Within seven (7) days of the entry of a Clerk’s Default, Plaintiff(s) must file a Motion for Default Final Judgment.

CRITICALCivil cases

Failure to file the motion within the specified timeframe results in dismissal without prejudice and without further notice.

Plaintiff(s)’ failure to file a Motion for Default Final Judgment within the specified time frame will result in a dismissal without prejudice and without further notice.

CRITICALCriminal cases

The Probation Office must disclose the Draft Presentence Investigation Report (PSR) no later than 35 days prior to the sentencing hearing.

The Probation Office shall disclose the Draft PSR no later than 35 days prior to the sentencing hearing.

CRITICALCriminal cases

Counsel must file a motion for additional sentencing hearing time no later than 14 days prior to the hearing.

If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifics how much time will be needed and why more time is necessary.

CRITICALCriminal cases

Responses to objections to the Draft PSR and any departure or variance motions must be filed 7 days after the deadline for filing such objections and motions.

Responses to the Objections and any Motions for Departure and/or Variance from the guidelines shall be filed 7 days thereafter.

CRITICALCriminal cases

Counsel must file objections to the Draft PSR and any motions for departure or variance from the guidelines within 14 days after disclosure of the Draft PSR.

Counsel shall file their Objections, and Motions for Departure and/or Variance from the guidelines, if any, to the Draft PSR within 14 days after disclosure of the Draft PSR.

CRITICALCriminal cases

Letters or exhibits to be presented at sentencing must be submitted no later than 7 days prior to the sentencing hearing.

Any letters or exhibits to be presented at sentencing shall be submitted no later than 7 days prior to the sentencing hearing.

CRITICALCriminal cases

Counsel must file the Notice of resolved and remaining PSR objections no later than 3 days prior to the sentencing hearing.

This Notice shall be filed no later than 3 days before the sentencing hearing.

CRITICALCriminal cases

The Probation Office must disclose the Final PSR and Addendum no later than 7 days prior to the sentencing hearing.

The Probation Office shall disclose the Final PSR and Addendum no later than 7 days before the sentencing hearing.

CRITICALCivil cases

Deadline

14 calendar days

Within 14 days after the order is rendered, the parties must agree on a mediator and file a notice naming the mediator and stating the mediation’s date, time, and location.

The parties shall, within fourteen (14) days of the rendition of this Order, 1 agree upon a mediator and file a Notice with the Court naming the chosen mediator and stating the date, time, and location for which mediation has been scheduled.

CRITICALCivil cases

Deadline

1 calendar days

The mediator must file a report stating who attended and the result within one day after the mediation conference.

Within one (1) day of the mediation conference, the mediator shall file a Mediation Report indicating who attended the mediation and the result thereof.

CRITICALCivil cases

Mediation must be completed within 20 days after the defendant’s response to the statement of claim is due.

Mediation shall be completed within twenty (20) days after the date that Defendant’s response is due to Plaintiff’s statement of claim;

CRITICALCivil cases

All discovery including dispute resolution must be completed before the discovery cut-off date; no court intervention is available after the cut-off date even if parties agree to additional discovery.

The Court also enforces Local Rule 26.1(d), which requires that all discovery, including resolution of discovery disputes, be fully completed prior to expiration of the discovery cut-off date. By virtue of the rule, no Court intervention or remedy will be available to either party after the cut- off date even if the parties agree to engage in discovery after the cut-off date.

CRITICALCivil cases

Moving parties must request discovery dispute hearing relief within 15 days of the grounds for relief arising.

The moving party must seek relief within fifteen (15) days after the occurrence of the grounds for relief by contacting Judge Reid’s Chambers by email and requesting a hearing.

CRITICALCivil cases

Deadline

5 business days

Responses to discovery motions must be filed within 5 business days of service of the discovery motion.

The opposing party must file a response to the motion, no longer than five (5) pages, within five (5) business days of service of the discovery motion.

CRITICALCivil cases

Discovery dispute resolution must be completed before the discovery cutoff date; no court intervention or remedies are available after the cutoff.

resolution of discovery disputes, be fully completed prior to the expiration of the discovery cutoff date. Under Local Rule 26.1(d), no Court intervention or remedy will be available to either party after the cutoff date.

CRITICALCivil cases

Parties have 28 days (plus 7-day extension per Local Rule 26.1(g)(2)(C)) to make good-faith resolution efforts for discovery disputes; unapproved extensions are invalid.

The parties must promptly notify the Court of discovery disputes as required by Local Rule 26.1(g)(2). The Court strictly enforces this rule and interprets the twenty-eight-day window as the time during which the parties must make good-faith resolution efforts, subject to the seven-day extension permitted under Local Rule 26.1(g)(2)(C). Unapproved extensions agreed to by the parties shall not be recognized.

CRITICALCivil cases

Deadline

1 business days

Notice of Hearing must be filed within one business day of Court confirming hearing date and time.

Within one business day of the Court confirming the date and time for the hearing, the parties shall file a Notice of Hearing, no longer than five (5) pages per side, that outlines the discovery matters to be heard (e.g., “the parties dispute the appropriate timeframe for Plaintiff’s Interrogatory Nos. 1-3”) and the respective positions of the parties.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Deadline

7 calendar days

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.

CRITICALCivil cases

Deadline

14 calendar days

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.

CRITICALCivil cases

Deadline

14 calendar days

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.

CRITICALCivil cases

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.

WARNINGCivil cases

Objections to the scope of a Rule 30(b)(6) deposition notice will only be adjudicated after the deposition is taken.

any objections to the scope of a Rule 30(b)(6) deposition notice shall only be adjudicated after the taking of the deposition.

WARNINGCivil cases

Deadline

3 business days

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.

CRITICALCivil cases

Deadline

24 hours

Notice of Hearing must be filed within 24 hours of Court confirmation (or 2 business days if no CM/ECF credentials) and calendared in CM/ECF.

Within twenty-four (24) hours of the Court confirming the hearing, the movant shall file a Notice of Hearing and simultaneously calendar a “Discovery Hearing” when prompted by the CM/ECF system. If the movant lacks CM/ECF filing credentials, the Court will notify the movant of the obligation to file a Notice of Hearing within two (2) business days of receiving confirmation from the Court of the hearing date.