Southern District of Florida Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Order

Orders must be served promptly upon entry.

Include a service directive in the order and promptly serve the order upon entry.

CRITICALCivil cases

Applies to

Order

The submitting party must serve the order on all required parties and file a certificate of service reflecting the date and manner of service.

It is the responsibility of the submitting party (not the Court) to timely serve the order on all required parties and file a certificate of service reflecting the date and manner of service as required under Local Rule 9036-2.

CRITICALCivil cases

Applies to

Motion

Plaintiff must serve motion on defendant/counsel, include service details in Certificate of Service, and not rely solely on CM/ECF for service.

Plaintiff shall send a copy of the Motion to counsel for Defendant(s) or to Defendant(s) if Defendant(s) do not have counsel. In the Certificate of Service, Plaintiff shall indicate that notice was sent and the address or addresses where notice was sent. Plaintiff shall not rely solely on the Court’s CM/ECF system to effectuate such service.

CRITICALCivil cases

Objections to the scope of a 30(b)(6) deposition notice must be served (not filed) timely before the deposition.

Objections to the scope of a deposition notice shall be timely served (not filed) in advance of the deposition.

CRITICALCivil cases

Applies to

Notice of objection

Notice of objection to a deposition notice must be served (not filed) on the opposing party within five days of receipt, and failure to timely preserve may result in waiver.

a notice of objection must be served (not filed) on the opposing party no later than five days after receipt of the deposition notice at issue. Such a notice may not be submitted on the eve of the event. The failure to timely preserve an objection as per this Order may be deemed a waiver.

CRITICALCivil cases

Applies to

Motion

Plaintiffs must send a copy of the motion to defendants’ counsel or directly to pro se defendants.

Plaintiff shall send a copy of the Motion to Defendant(s)’ counsel, or, if Defendant(s) are pro se, to Defendant(s) .

CRITICALCivil cases

Within the 21-day period, the Plaintiff must serve the Order, statement of claim, and supporting documents on Defendant’s counsel.

Also within that allotted time, the Plaintiff shall serve a copy of this Order, the statement of claim, and copies of all documents supporting the claim (e.g. time slips, pay stubs) on the Defendant’s counsel.

CRITICALCivil cases

Service

Email to all parties

Request email for Informal Discovery Hearing must copy all parties.

The movant shall send one (1) email, copying all parties, to louis@flsd.uscourts.gov. The subject line of the email shall include: “Request for Discovery Hearing.” The email shall provide the case number, case caption, the jointly proposed dates for the hearing, and the anticipated duration of the hearing. The email shall certify that the parties have conferred in a good faith attempt to resolve their dispute but have been unable to do so.

CRITICALCivil cases

Applies to

Hearing materials

Service

Email to court

Moving parties must email relevant hearing materials to chambers at least 3 days before the hearing.

At least three (3) days prior to the hearing (if applicable), the moving party shall e-mail any relevant materials to Judge Reid’s Chambers.

CRITICALCivil cases

Applies to

Objection

Objections to the scope of a deposition notice must be timely served, not filed, in advance of the deposition.

Objections to the scope of a deposition notice shall be timely served (not filed) in advance of the deposition.

CRITICALCivil cases

Deadline

14 calendar days

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.

CRITICALCivil cases

Deadline

7 calendar days

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.

CRITICALCivil cases

Deadline

7 calendar days

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.

WARNINGCivil cases

If stay relief involves property subject to a Florida state court action, serve the clerk of that state court as an interested party with the order and include the state court case number below the clerk's name on the certificate of service.

If stay relief involves property that is the subject of an action pending in a Florida state court, be sure to serve the clerk of the applicable Florida state court as an interested party with the order granting stay relief. Include the case number of the state court action immediately below the name of the state court clerk on the certificate of service.

INFOCivil cases

Applies to

Order

Parties must check the Local Rules for electronic docketing, service, and certificate of service requirements.

Check the Local Rules for provisions addressing electronic docketing of orders, service, and certificate of service requirements.