A party may amend its pleading once as a matter of course within no later than 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. FRCP 15 (a)(1) (amended eff 12/1/23) .
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
An answer may be amended once as a matter of course within no later than 21 days after the original answer is served, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 15 (a) (amended eff 12/1/23) .
At any time during the action, leave of court may be sought to file an amended pleading. FRCP 15(a)(2) and (b).
The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3) (amended eff 12/1/15)
Before filing any motion in a civil case, except:
A motion for injunctive relief;
A motion for judgment on the pleadings;
A party may respond to a motion within fourteen days after service of the motion. However, a party may respond within twenty-one days after service to a motion to dismiss, for judgment on the pleadings, for summary judgment, to exclude or limit expert testimony, to certify a class, for a new trial, or to alter or amend the judgment. M.D. Fla. L.R. 3.01 (c).
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
Where Local Rules set the deadlines for service of opposition and reply papers for a period of time after service of moving and opposition papers, and provide no authority regarding the addition of days to the deadline for different methods of service, practitioners should be aware that FRCP 6 (d) may apply to the calculation of the due date for opposition and reply papers. Federal Rule of Civil Procedure 6(d) provides that:
"When a party may or must act within a specified time after being served and service is made under Rule
Certain Middle District Judges have established procedures for handling motions. Preferences of individual judges can be found on the court's All Judges page. Standing Orders of Individual Judges can be found on the court's Standing Orders/Plans/Procedures page.
In Case of Conflict Follow Local Rules
Editor's Note: In case of conflict between local rules and the Federal Rules of Civil Procedure regarding motion practice in United States District Courts, it is recommended practice to follow local rule requirements.
Notice, Motion and Affidavits--14 Days Before Hearing
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
To amend a pleading where leave of court is not required, the amended pleading is simply filed with the court and served on all parties. FRCP 15 (a) and (d). Service of process may need to be effected on parties who have not yet appeared. See Middle District of Florida SmartRules™ procedural guide: SERVICE OF PROCESS.
To seek leave of court to amend a pleading based on stipulation, customarily the party seeking to amend prepares and obtains the signatures of the other parties on a stipulation agreeing to the amendment of the pleading, then prepares and submits an ex parte application to the Court, based on the stipulation, requesting leave to file the amended pleading. See Middle District of Florida SmartRules™ procedural guide: EX PARTE APPLICATION.
Leave of court may be sought to amend a pleading to conform to proof at trial. FRCP 15(b).
All requirements applicable to pleadings apply to amended pleadings. See Middle District of Florida SmartRules™ procedural guides: COMPLAINT, CROSS-COMPLAINT, COUNTERCLAIM, and ANSWER.
Before filing any motion in a civil case, except:
A motion for injunctive relief;
A motion for judgment on the pleadings;
Every pleading and motion paper must contain a caption with the court's name, a title, a file number, and a Rule 7(a) designation. FRCP 7(b)(2); FRCP 10(a).
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
A party must not use a letter, email, or the like to request relief or to respond to a request for relief. M.D. Fla. L.R. 3.01 (k).
A motion must include a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request. M.D. Fla. L.R. 3.01 (a).
NEW RULE AMENDMENTS EFFECTIVE APRIL 1, 2024
The moving party's motion may not exceed 25 pages. A motion for leave to file a motion , brief, or objection exceeding the page limit must not exceed three pages inclusive of all parts; must specify the need for, and the length of, the proposed motion paper ; and must not include the proposed motion. M.D. Fla. L.R. 3.01 (a) (amended eff 4/1/24) .
The moving party must file with the motion a statement:
Certifying that the moving counsel has conferred with opposing counsel;
Stating whether counsel agree on all or part of the motion;
If the opposing party is unavailable before the motion’s filing, the movant after filing must try diligently for three days to contact the opposing party. Promptly after either contact or expiration of the three days, the movant must supplement the motion with a statement certifying whether the parties have resolved all or part of the motion. Failure to timely supplement can result in denial of the motion without prejudice. The purposeful evasion of a communication under this rule can result in a sanction. M.D. Fla. L.R. 3.01 (g)(3).
If the interested parties agree to all or part of the relief sought in any motion, the caption of the motion must include the word "unopposed." M.D. Fla. L.R. 3.01 (a).
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
A signature must appear in documents filed electronically in one of the following manners:
a) “/s/ (E-filer’s first and last name)”;
See Middle District of Florida SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time. FRCP 6 (c)(2).
See Middle District of Florida SmartRules™ procedural guide: DECLARATIONS.
See Middle District of Florida SmartRules™ procedural guide: PROPOSED ORDER.
FILING AND SERVICE
All documents submitted for filing in civil, criminal, and miscellaneous cases must be filed electronically. FL MD Electronic Filing Procedures, Introduction.
Self-represented parties must be authorized by the judge assigned to file electronically. FL MD Electronic Filing Procedures (B)(4).
For instructions on filing papers using the ECF system, See Middle District of Florida SmartRules ™ procedural guide: FILING DOCUMENTS.
When a party files a document using the ECF system, the system will automatically generate and send a Notice of Electronic Filing to the filer, to each e-filer of record in the case. FL MD Electronic Filing Procedures (D)(1).
A party who is not a registered user in CM/ECF is entitled to a paper copy of any electronically filed pleading, document, or order. The filing party must, therefore, provide the non-registered party with the pleading, document, or order. FL MD Electronic Filing Procedures (D)(1).
See : FRCP 5 (b)(2) .
Within twenty-one days after service of a summons and complaint, a party must file proof of service. M.D. Fla. L.R. 1.10 (a) (amended eff 2/1/21).
All papers must be served on each of the parties, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
Papers must be filed no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service must be made by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
The electronic signature of a judge constitutes an original signature for all purposes. FL MD Electronic Filing Procedures (H)(4).
The amended pleading must be served on all parties who had not appeared in the action on or before the date the motion for leave to amend was granted. FRCP 5 (a) (amended eff 12/1/18).
With respect to any party who has not yet appeared in the action, a completed summons must be presented to the clerk when the papers are filed. FRCP 4(b) (amended eff 12/1/17).
The summons executed by the clerk must be served on any party who has not previously appeared in the action. FRCP 4(c)(1) (amended eff 12/1/17).
A form of third party summons for the Middle District is available online at https://www.flmd.uscourts.gov/forms/forms_policies.htm.
See Middle District of Florida SmartRules ™ procedural guide: AMENDED COMPLAINT; AMENDED ANSWER.
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