A Quick Guide to the Recent Amendments to the Southern District of Florida Local Rules.

The Southern District of Florida has adopted new local rules which went into effect on Monday, December 2, 2019. Below is a summary of some of the more significant changes. Most important to note is the significant changes to Rule 56.1, governing motions for summary judgment.

Rule 5.1(f): This changes the rule to reflect that when the courthouse is closed for an emergency, such as a hurricane, the courthouse will be deemed inaccessible for the purposes of computing time under Fed. R .Civ. P. 45(a) (3) and 6(a)(3). If the courthouse is inaccessible then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday.

Rule 7.1(c): This is the rule concerning computation of time. The rule removes the S.D. of Florida’s specific local rules for computing time and requires the parties to follow the rules set forth under Federal Rules 45 and 6.

Rule 11.1(d): This rule discusses attorney appearances and motions to withdraw. The rules now states that the filing of any pleading, motion or any other paper will constitute appearance by counsel unless the motion specifically states otherwise. The rule is also amended to require new information in a Motion to Withdraw. The revision requires the attorney to include the name of any new counsel or any counsel remaining on the case in the motion.

Rule 56.1: This is the rule governing motions for summary judgment. The Rule sets forth significant revisions to the form for the statement of the facts. The statement of the facts must now be filed and served as a separate document from the motion for summary judgment. The statement of facts must set the forth the facts in separately numbered paragraphs. Each fact should have its own paragraph to the extent it is practical to do so. The rule also allows the movant or opponent to cite to additional materials in support or opposition of the motion including documents, electronically stored information, affidavits, factual stipulations between the parties specific to the motions and admissions and interrogatory answers.

The statement of facts must be no more than ten pages and have pinpoint citations. Anything without a specific pinpoint citation will be disregarded. Any record material not on file is to be included in the statement of facts as an exhibit. The opponent is now required to indicate for each numbered fact which are disputed or undisputed. Any additional facts must follow the paragraphs addressing the movants facts. Non-compliance with the rule will result in sanctions.

The rule for summary judgment has undergone significant revisions, We would strongly encourage reviewing it as all of the changes are not summarized above.