Southern District of Florida Administrative Order 2009-51

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAADMINISTRATIVE ORDER 2009-5 1

IN RE: INTERIM AM ENDMENTS T OTIME CALCULATIONS IN THELOCAL RULES1

FILED by D.C.NOV - 9 2009

STEVENM. LARIMORECLERK U. S. DIST. CT.S. D.of FLA.-MIAMI

Due to several discrepancies in the attachments to Administrative Order 2009-34 andSupplemental Adm inistrative Order 2009-34, the Court vacates those orders. Thi s AdministrativeOrder is intended to supercede those orders in their entirety.

For the reasons set forth below, the petition of the Ad Hoc Committee on Rules andProcedures for an Adm inistrative Order concerning the calculation of time periods under the LocalRules is GRANTED .

This Cou rt amends its various local rules on an annual cycle corresponding to the issuanceof new rules books for Florida federal practitioners by West Publishing Com pany, after a period ofpublic comment, notice, and an opportunity to be heard in acco rdance with Fed. R. C iv. P. 83 andFed. R. Crim. P. 57.

Substantial changes to the manner in w hich dates are calculated in the various Federal Rulesof Procedure have been approved this year and will go into effect on December 1, 2009. TheCom mittee has prepared corre sponding amendm ents to the Local Rules, the Discovery Handbook,the Rules Governing Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules.These, however, will not go into effect until April 15, 2010, subject to the notice and commentprocedures described above.

To avoid any discrepancy between the manner in which time is calculated under the various


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Federal Rules of Procedure and the Local R ules of this District during the interim period of December1, 2009 when the amendments to the Federal Rules go into effect and April 15, 2010 when thecorresponding amend ments to the Local Rules will go into effect, the Comm ittee has requested thattime-calculation changes to the above rules be set forth as an attachment to an Administrative O rder,to be in effect during the interim period. The Court has determined that this is appropriate, and it is

ORDERED that the modifications to the Local Rules, the Discovery Handbook, the RulesGoverning Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules shown on theattached table shall be effective as of December 1,2 009 . Thi s Order shall expire on April 15, 2010.It is further

OR DER ED that the Clerk of the Co urt is directed to post this Order, with the attached table,on the Court's website, and to take such other measures as he deems necessary to advise membersof the Bar of the U nited States District Court for the Southern District of Florida of the forthcomingchanges in time calcu lations in the Local Rules.

P4DONE AN D ORD ERE D in Chambers at Miami, Florida this day of November 2009.

CHIEF UNITED STATES DISTRICT JUDGECopies provided to:Honorable Joel F, Dubina, Chie f Judge, United States Court of Appeals for the Eleventh CircuitAll Southern District and Magistrate JudgesCircuit ExecutiveThom as Meeks, Chair, Ad Hoc Com mittee on Rules and ProceduresAll members of the Ad Hoc C omm ittee on Rules and ProceduresLibraryDaily Business Review


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TABLE O F INTERIM RULES CHANGESUnited States District Court for the Southern District of FloridaEffective December 1 ,20 09- pril 15,2010Local Rule Existing Language

With respect to: ... any motion or othermatter as to which the Court has conducted ahearing but has not entered an order orotherwise determined the motion or matterwithin n inety days of the hearing, the movantor applicant, whether party or non-party,shall file and serve on all parties and anyaffected non-parties a "Notification of NinetyDays Expiring" which shall contain thefollowing information: .. . he date of anyhearing held on the motion o r other matter.The "N otification of Ninety Days Exp iring"shall be filed within ten days of theexpiration of the applicable ninety dayperiod.Memorandum of Law. Each party opposinga motion shall serve an opposingmemorandum of law no later than ten daysafter service of the motion as computed inthe Federal Rules of Civil Procedure.Failure to do so may be deemed sufficientcause for granting the motion by default.The movant may, within five days afterservice of an oppo sing memorandum of law,serve a reply memorandum in support of themotion, which reply memorandum shall bestrictly limited to rebuttal of matters raised inthe memorandum in opposition withoutreargument of matters covered in themovant's initial memorandum of law. Nofurther or additional memoranda o f law shallbe filed w ithout prior leave of Court.1 . Tim e. Tim e shall be compu ted under thisLocal Rule a s follows:(a) If the motion or mem orandum was servedby mail or filed via CM /ECF , count ten days(five days for a reply) from the date themotion, response, or mem orandum to whichone is responding was certified as havingbeen mailed or filed via CMIEC F. Do notinclude Saturdays, Sundays, or legalholidays. Beginning on the next calendar

Interim LanguageWith respect to: ... any motion or othematter as to which the C ourt has conducted hearing but has not entered an order ootherwise determined the motion or mattewithin ninety (90) days of the hearing, themovant or applicant, whether party or nonparty, shall file and serve on all parties andany affected non-parties a "Notification oNinety Days Expiring" which shall containthe following information: ... he date of anyhearing held on the motion or other matter.The "Notification of Ninety Days Expiring"shall be filed within fourteen (14) days ofthe expiration of the applicable ninety (90day period.Memorandum of Law. Except with respecto a response or reply to a motion fosummary judgment, the time for which igoverned by F ederal Rule of Civil Procedur56 unless otherwise ordered, each partyopposing a motion shall serve an opposingmemorandum of law no later than fourteen(1 4) days after service of the m otion. Failurto do so m ay be deemed sufficient cause fogranting the motion by default. The movanmay, within seven (7) days after service of anoppo sing mem orandum of law, serve a replymemorandum in support of the motionwhich reply memorandum shall be strictlylimited to rebuttal of matters raised in thememorandum in opposition withoureargument of matters covered in themovant's initial memorandum of law. Nofurther or additional mem oranda o f law shalbe filed without prior leave of Court.1. Time. Tim e shall be computed underthis Local Rule as follows:

(a) If the motion , response, or memorandumwas served by mail or filed via CM/ECFcount fourteen (14) calendar days (seven (7calendar days for a reply) beginning the dayafter the mo tion, response, or mem orandumSo uth ern District of Florida Inte rim Rules C ha ng es , P a g e 1 of 19


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7.2

7.5.E

16.1 D

day, including Saturday, Sunday, or a legalholiday, count three days. Th e third day isthe due date for the opposing memorandumor reply. If the third day falls on a Saturd ay,Sunday, or legal holiday, the due da te is thenext business day.(b) If the mo tion or memorand um was servedby hand delivery, start counting ten or fivedays on the business day after receipt of themotion or memorandum, excludingSaturdays, Sundays and legal holidays. Thetenth or fifth day is the due date for theopposing memorandum or reply,respectively.

Motions Pending on Removal o r Transferto This Court. When a court transfers or aparty remov es an action or proceeding to thisCourt and there is a pending motion forwhich the mo ving party has not submitted amemorandum, the moving party shall file amem orandum in support of its motion withinten days after the filing of the notice ofremoval or the entry of the order of transfer.Each party shall then comply with thebriefing schedule provided in Local Rule7.1 C above.

Briefing Schedule. As oral argument is notalways scheduled on motions for summaryjudgment, the briefing schedule in LocalRule 7.1 shall apply.Pretrial Disclosures and Meeting ofCounsel. Unless otherwise directed by theCourt, at least thirty days before trial eachparty must provide to the other party andpromptly file with the C ourt the information

was certified as having been mailed or filedvia C M E C F . If the due date falls on aSaturday, Sunday, or legal holiday, the duedate is the next business day. Beginning onthe next calendar day, including SaturdaySunday, or a legal holiday, coun t three days.The third day is the due date for the opposingmem orandum or reply. If the third day fallon a Saturday, Sund ay, or legal holiday, thedu e date is the next business day.(b) If, in addition t o being filed via CMIECFthe motion, response, or memorandum wasserved by hand delivery, count fourteen (1 4days (seven (7) days for a reply) beginningthe day after the motion, response, omemo randum was hand-delivered. Thefourteenth o r seventh day is the due date fothe opposing memorandum or replyrespectively. If the due date falls on aSaturday, Sunday, or legal holiday, the duedate is the next business day.Motions P ending on Removal o r Transferto This Court. Wh en a cou rt transfers or aparty remo ves an action o r proceeding to thiCourt and there is a pending motion fowhich the m oving party has not submitted amemorandum, the moving party shall file amem orandum in support of its motion withinfourteen (14) days after the filing of thenotice of removal or the entry of the order otransfer. If the moving party has filed amem orandum in support of the motion prioto removal, the party opposing the motionshall file a memorandum in oppositionwithin fourteen (14) days after the filing othe notice of removal or the entry of theorder of transfer. Each party shall thencomply with the briefing schedule providedin Local Rule 7.1 .C above.

Briefing Schedule. Unless otherwisespecifically ordered by the Court, thebriefing schedule in Federal Rule of CiviProcedure 5 6 shall apply.Pretrial Disclosures and Meeting oCounsel. Unless otherwise directed by theCourt, at least thirty (30) days before trialeach party must provide to the other partyand promptly file with the Court the


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information prescribed by Federal Rule ofCivil Procedure 26(a)(3). No later thanfourteen (14) days prior to the date of thepretrial conference, or if no pretrialconference is held, fourteen (14) days priorto the call o f the calendar, counsel shall meetat a mutually conve nient time and place and:

Pretrial Stipulation Must Be Filed. It shallbe the duty of co unsel to see that the pretrialstipulation is drawn, executed by counsel forall parties, and filed with the Court, no laterthan seven (7) days prior to the pretrialconference, or if no pretrial conference isheld, seven (7) days prior to the call of thecalendar. The pretrial stipulation shallcontain the fo llowing statemen ts in separatenumbered paragraphs as indicated:Unilateral Filing of Pretrial StipulationWhere Counsel Do Not Agree. If for anyreason the pretrial stipulation is not executedby all counsel, each counsel shall file andserve separate proposed pretrial stipulationsnot later than seven (7) days prior to thepretrial conference, or if no pretrialconference is held, seven (7) days prior tothe call of the calendar, with a statement ofreasons no agreement was reached thereon.Discovery Proceedings. All discoveryproceeding s must be completed no later thanfourteen (14) days prior to the date of thepretrial conference, or if no pretrialconference is held, fourteen (14) days priorto the call of the c alendar, unless further timeis allowed by order of the Court for goodcause shown.Memoranda of Law. Counsel shall serveand file memoranda treating any unusualquestions of law, including motions inlimine, no later than seven (7) days prior tothe pretrial conference, or if no pretrialconference is held, seven (7) days prior tothe call of the calendar.Direct the parties, within fourteen (14) daysof the date of the order of referral, to agreeupon a m ediator. Th e parties are encouraged

16.1 .E

16.1 .F

16.1 H

16.1.J

16.2.D.1(b)

prescribed by Federal Rule of CivilProcedure 26(a)(3). No later than ten daysprior to the date of the pretrial conference , orif no pretrial conference is held, ten daysprior to the call of the calendar, counsel shallmeet at a mu tually convenient time and placeand:Pretrial Stipulation Must Be Filed. It shallbe the du ty of counsel to see that the pretrialstipulation is draw n, executed by counsel forall parties, and filed with the Court, no laterthan five days prior to the pretrialconference, or if no pretrial conference isheld, five days prior to the call of thecalendar. The pretrial stipulation shallcontain the following stateme nts in separatenumbered paragraphs as indicated:Unilateral Filing of Pretrial StipulationWhere Counsel Do Not Agree. If for anyreason the pretrial stipulation is not executedby all counsel, each counsel shall file andserve separate proposed pretrial stipulationsnot later than five days prior to the pretrialconference, or if no pretrial conference isheld, five days prior to the call of thecalendar, with a statement of reasons noagreeme nt was reached thereon.Discovery Proceedings. All discoveryproceedings must be completed no later thanten days prior to the date of the pretrialconference, or if no pretrial conference isheld, ten days prior to the call of thecalendar, unless further time is allowed byorder of the Court for good cause shown.

Memoranda of Law. Counsel shall serveand file memoranda treating any unusualquestions of law, including motions inlimine, no later than five days prior to thepretrial conference, or if no pretrialconference is held, five days prior to the callof the calendar.Direct the parties, within fifteen days of thedate of the orde r of referral, to agree upon amediator. The parties are encouraged to


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to utilize the list of certified mediatorsestablished in connection with Local Rule16.2.B, but may by mutual agreement selecany individual as mediator. The parties shalfile a "Notice of Selection of Mediator"within that period of time. If the parties areunable to agree upon a mediator, plaintiffscounsel, or plaintiff if self-represented , shalfile a "Request For Clerk To AppoinMediator," and the Clerk will designate amediator from the list of certified mediatorson a blind, random basis.Direct tha t, at least fourteen (14 ) days prioto the mediation date, each party give themediator a confidential written summary othe case identifying issues to be resolved.Mediation Report. Within seven (7) daysfollowing the mediation conference, themediator, if an authorized user of the Court'selectronic filing system (CMIECF), shalelectronically file a Mediation Report. If themediator is not an authorized CM JECF userthe mediator shall file the Mediation Reporin the conventional manner. The report shalindicate whether all required parties werepresent and whether the case settled (in fulor in part), whether the mediation wasadjourned, or whether the m ediator declaredan impasse.Notice of Settlement. In the event that theparties reach an agreement to settle the caseor claim, counsel shall promptly notify theCourt of the settlement by filing a notice osettlemen t signed by counsel ofrecord w ithinfourteen (14) days of the mediationconference. Thereafter the parties shalforthwith submit an appropriate pleadingconcluding the case.Plain tiffs counsel, or another attorney agreedupon by all counsel of record and anyunrepresented parties, shall be responsiblefor scheduling the mediation conferenceThe parties are encouraged to avaithemselves of the services of any mediatoron the List of Certified Mediatorsmaintained in the office of the Clerk of theCourt, but may select any other mediator

16.2.D. (c)

16.2.F.1

16.2.F.2

16.2.H(ORDER OFREFERRAL)7 2

utilize the list of certified mediatorsestablished in connection with Local Rule16.2.B., but may by mutual agreement selectany individual as mediator. The parties shallfile a "Notice of Selection of Mediator"within that period of time. If the parties areunable to agree upon a mediator, plaintiffscounsel, or plaintiff if self-represented, shallfile a "Request For Clerk To AppointMediator," and the Clerk will designate amediator from the list of certified mediatorson a blind, random basis.Direct that, at least ten days prior to themediation date, each party give the mediatora confidential written summary of the caseidentifying issues to be resolved.Mediation Report. Within five daysfollowing the mediation conference, themediator, if an authorized user of the Court'selectronic filing system (CMJECF), shallelectronically file a Mediation R eport. If themediator is not an authorized C M/E CF user,the mediator shall file the Mediation Reportin the conventional manner . The report shallindicate whether all required parties werepresent and w hether the case settled (in fullor in part), whether the mediation wasadjourned, or whether the mediator declaredan impasse.Notice of Settlement. In the event that theparties reach an agreement to settle the caseor claim, counsel shall promptly notify theCourt of the settlement by filing a notice ofsettlem ent signed by counsel of record withinten days of the mediation conference.Thereafter the parties shall forthwith subm itan appropriate pleading concluding the case.Plain tiffs counsel, or another attorney agreedupon by all counsel of record and anyunrepresented parties, shall be responsiblefor scheduling the mediation conference.The parties are encouraged to availthemselves of the services of any mediatoron the List of Certified Mediators,maintained in the office of the Clerk of theCourt, but may select any other mediator.


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62.1 B

87.4.B

another State of any person upon oralexamination shall give at least ten workingdays' notice in writing to ev ery other party tothe action and the depon ent (if the depositionis not of a party).Failure by the party taking the oraldeposition to com ply with this rule obviatesthe need for protective order.Notwithstanding the foregoing, inaccordance with Federal Rule of CivilProcedure 32(a)(3), no deposition shall beused against a party who, having receivedless than eleven calendar days' no tice of adeposition as computed under Federal Ruleof Civil Procedure 6(a), has promptly uponreceiving such notice filed a motion forprotective order under Federal Rule of CivilProcedure 26(c)(2) requesting that thedeposition not be held or be held at adifferent time or place and such motion ispending at the time the deposition is held.Extension of Automatic Stay When Noticeof Appeal Filed. If within the ten day periodestablished by Federal Rule of CivilProcedure 62(a), a party files any of themotions contemplated in Federal Rule ofCivil Procedu re 62(b), or a notice of appeal,then unless otherwise ordered by the Court, afurther stay shall exist for a period not toexceed thirty days from the entry of thejudgment or order. The purpose of thisadditional stay is to pennit the filing of asupersed eas bond, which shall be filed by theend of the thirty day period provided herein.B. Limited Authority of BankruptcyCourt to Dismiss Appeals Prior toTransmittal of Record to District Court.The Bankruptcy Court is authorized anddirected to dismiss an appeal for (1)appellant's failure to pay the prescribed filingfees; (2) failure to comply with the timelimitations specified in Federal Rule ofBankruptcy Procedure 8002; and (3)appellant's failure to file a designation of theitems for the record or copies thereof or astatement of the issues as required by FederalRule of Bankruptcy Procedure 8006, andLocal Bankruptcy Rule 8006-1. Th e

another State of any person upon oralexamination shall give at least fourteen (14)days' notice in writing to every other party tothe action and the deponent (i fthe depositionis not of a party).Failure by the party taking the oraldeposition to com ply with this rule obviatesthe need for protective order.Notwithstanding the foregoing, inaccordance with Federal Rule of CivilProcedure 32(a)(5)(A), no deposition shallbe used against a party who, having receivedless than eleven calendar days' notice of adeposition as computed under Federal Ruleof Civil Procedure 6(a), has promptly uponreceiving such notice filed a motion forprotective order under F ederal Rule of CivilProcedure 26(c)(l)(B) requesting that thedeposition not be held or be held at adifferent time or place and such motion ispending a t the time the deposition is held.Extension of Automatic Stay When Noticeof Appeal Filed. If within the fourteen (1 4)day period established by Federal Rule ofCivil Pro cedure 6 2(a), a party files any of themotions contemplated in Federal Rule ofCivil Proced ure 62(b), or a notice of appeal,then un less otherw ise ordered by the Court, afurther stay shall exist for a period not toexceed thirty (30) days from the entry of thejudgment or order. The purpose of thisadditional stay is to permit the filing of asupersede as bond, which shall be filed by theend of the thirty (30) day period providedherein.B. Limited Authority of BankruptcyCourt to Dismiss Appeals Prior toTransmittal of Record to District Court.The Bankruptcy Court is authorized anddirected to dismiss an appeal for (1 )appellant's failure to pay the prescribed filingfees; (2) failure to comply with the timelimitations specified in Federal Rule ofBankruptcy Procedure 8002; and (3)appellant's failure to file a designation o f theitems for the record or copies thereof or astatement of the issues as required by FederalRule of Bankruptcy Procedure 8006, andLocal Bankru ptcy Rule 8006-1. The


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Bankruptcy C ourt is further authorized anddirected to hear, under Federal Rule ofBankruptcy Procedure 9006(b), motions toextend the foregoing deadlines and toconsolidate appeals which present similarissues from a common record. BankruptcyCourt orders entered under this subsectionmay be reviewed by the District Court onmotion filed in the District Court withinfourteen (14) days after entry of the ordersought to be reviewed pursuant to subsectionC of this L ocal Rule.Speedy Trial Reports. Counsel for theGove rnment and counsel for each defendantshall, within twenty-one (2 1) days afterarraignment and every twenty-one (21 ) daysthereafter until trial or plea of guilty or nolocontendere, file with the Court a status reportas to each defendant which shall include aconcise statement of: 1. All excludable timeas recorded on the docket on which there isagreement, including the applicable statutes.Such agreement shall be conclusive asbetween th e parties, unless it has no basis infact or law. 2. All excludable time asrecorded on the docket on which there isconflict, including the applicable statutes orlaw. 3. Com putation of the gross time,excludable time, net time remaining, and thefinal date upon which the defendant can betried in compliance with the Speedy TrialPlan of this Court. 4. Any agreement by theparties as to excludable time w hich exceedsthe am ount recorded on the docket shall haveno effect unless approved by the Court.PRESENTENCE INVESTIGATIONS1. The sentencing proceedings shall bescheduled by each District Judge no earlierthan seventy (70) days following entry of aguilty plea or a verdict of guilty.2. The PSI, including guidelinecompu tations, shall be completed and madeavailable for disclosure to the attorneys forthe parties at least thirty-five (35) days priorto the scheduled sentencing proceedings,unless the defendant waives this minimum

88.5.B

88.8

Bankruptcy Court is further authorized anddirected to hear, under Federal Rule ofBankruptcy Procedure 9006(b), motions toextend the foregoing deadlines and toconsolidate appeals which present similarissues from a common record. BankruptcyCourt orders entered under this subsectionmay be reviewed by the District Court onmotion filed in the D istrict Cou rt within tendays after entry of the order sought to bereviewed pursuant to subsection C of thisLocal Rule.Speedy Trial Reports. Counsel for theGovern ment and counsel for each defendantshall, within twenty days after arraignmentand every twenty days thereafter until trial orplea of guilty or nolo contendere, file withthe Court a status report as to each defendantwhich shall include a concise statement of:1 . All excludable time as recorded on thedocket on which there is agreement,including the applicable statutes. Suchagreement shall be conclusive as between theparties, unless it has no basis in fact or law.2. All excludable time as recorded on thedocket on w hich there is conflict, includingthe applicable statutes or law. 3.Computation of the gross time, excludabletime, net time remaining, and the final dateupon which the defendant can be tried incompliance with the Speedy Trial Plan ofthis Court. 4. Any agreement by the partiesas to excludable time which exceeds theamoun t recorded on the docket shall have noeffect unless approved by the Court.PRESENTENCE INVESTIGATIONS1. The sentencing proceedings shall bescheduled by each District Judge no earlierthan seventy days follow ing entry of a guiltyplea or a verdict of guilty.2. The PSI, including guidelinecompu tations, shall be completed and madeavailable for disclosure to the attorneys forthe parties a t least thirty-five (35) days priorto the scheduled sentencing proceedings,unless the defendant waives this minimum



period.3. Within five days following entry of aguilty plea or a verdict of guilty, counsel fo rthe defendant and the probation officer w illhave made arrangements for the initialinterview of the defendant for the PSI.4. Within fourteen days of receipt of thereport, counsel for the defendant and thegovernment must communicate anyobjections, in writing, to each other and tothe probation officer. The probation officermay meet w ith counsel and the defendant todiscuss the objections and may conduct afurther investigation and revise the report asappropriate.5 . Seven days prior to the sentencingproceeding, the probation officer mustsubmit to the court the final report and anaddendum containing unresolved issues. ThePSI, if revised, and the addendum will alsobe made available to all counsel.6. Counsel for the parties shall confer nolater than seven days prior to the scheduledsentencing hearing proceeding with respectto the anticipated length of the sentencingand the number of witnesses to be called. Ifeither party reasonably anticipates that thesentencing proceeding will exceed on e hour,the party shall file a notice with the C lerk ofCourt and sha ll hand deliver a courtesy copyto the United States Probation Office no laterthan five days prior to the sentencingproceeding. The notice shall advise theCourt of the number of witnesses to be calledand the estimated time required for thesentencing proceeding. Additionally, counselfor the parties shall file within the sam e timeperiod any notice for enhancement ofsentence or requests for departure.7. The recommendation as to sentencingmade to the Court by the United StatesProbation Office shall remain confidential.8. Counsel for the parties may retain the PSIin their custody, and counsel for the

period.3. Within seven ( 7 )days following entry of aguilty plea or a verdict of guilty, counsel forthe defendant and the probation officer willhave made arrangements for the initialinterview of the defend ant for the PSI.4. Within fourteen (14) days of receipt of thereport, counsel for the defendant and thegovernment must communicate anyobjections, in writing, to each other and tothe probation officer. The probation officermay meet w ith counsel and the defendant todiscuss the objections and may conduct afurther investigation and revise the report asappropriate.5. Seven (7 ) days prior to the sentencingproceeding, the probation officer mustsubmit to the court the final report and anaddendum containing unresolved issues. ThePSI, if revised, and the addendum will alsobe made available to all counsel.6. Counsel for the parties shall confer nolater than seven ( 7 ) days prior to thescheduled sentencing hearing proceedingwith respect to the anticipated length of thesentencing and the num ber of witnesses to becalled. If either party reasonably anticipatesthat the sentencing proceeding will exceedone hour, the party shall file a notice with theClerk of Court and shall hand deliver acourtesy copy to the United States ProbationOffice no later than five ( 5 )days prior to thesentencing proceeding. The notice shalladvise the Court o f the number of witnessesto be called and the estimated time requiredfor the sentencing proceeding. Additionally,counsel for the parties shall file within thesame time period any notice for enhancementof senten ce or requests for departure,7. The recommendation as to sentencingmade to the Court by the United StatesProbation O ffice shall remain confidential.8. Counsel for the parties may retain the PSIin their custody, and counsel for the


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88.10.P

DiscoveryPracticesHandbook,II.A(l)

defendant shall provide a copy to thedefendant. However, the PSI is aconfidential docum ent and neither the partiesnor their counsel are authorized to duplicateor disseminate it to third parties withoutprior permission of the Court.The parties shall collaborate in preparationof a written statement to be signed bycounsel for each side, generally describingall discovery m aterial exchanged, and settingforth all stipulations entered into at theconfere nce. N o stipulations made by defensecounsel at the conference shall be usedagainst the defendan t unless the stipulationsare reduced to writing and signed by thedefendant and his counsel. This statement,including any stipulations signed by thedefendant and h is counsel, shall be filed withthe Court within five days following theconference.(1) Scheduling. A courteous lawyer isnormally expected to accommodate theschedules of opposing lawyers. In doing so,the attorney can either pre-arrange adeposition, or notice the deposition while atthe sam e time indicating a willingness to bereasonable about any necessary rescheduling.Local Rule 26.1 .J requ ires at least fiveworking days' notice in w riting to every otherparty and to the deponen t (if a non-party) for adeposition in this State, and ten working days'notice for an out-of-state deposition.Noncompliance obviates the need forprotective order.Notwithstanding the foregoing, in accordancewith Federal Rule of Civil Procedure 32(a)(3),no deposition shall be used against a partywho, having received less than elevencalendar days' notice of a deposition ascomputed under Federal Rule of CivilProcedure 6(a), has promptly upon receivingsuch notice filed a motion for protective orderunder Federal Rule of Civil Procedure26(c)(2) requesting that the deposition not beheld o r be held at a different time or place andsuch motion is pending at the time thedeposition is held.

defendant shall provide a copy to thedefendant. However, the PSI is aconfidential docum ent and neither the partiesnor their counsel a re authorized to duplicateor disseminate it to third parties withoutprior permission of the Court.The parties shall collaborate in preparationof a written statement to be signed bycounsel for each side, generally describingall discovery m aterial exchanged, and settingforth all stipulations entered into at theconferen ce. No stipulations made by defensecounsel at the conference shall be usedagainst the defe ndan t unless the stipulationsare reduced to writing and signed by thedefendant and his counsel. This statement,including any stipulations signed by thedefendant and his counse l, shall be filed withthe Court within seven (7) days following theconference.(1) Scheduling. A courteous lawyer isnormally expected to accommodate theschedules of opposing lawyers. In doing so,the attorney can either pre-arrange adeposition, or notice the deposition wh ile atthe same time indicating a willingness to bereasonable about any necessary rescheduling.Local Rule 26.1 .J requires at least seven (7)days' notice in writing to every other party andto the deponent (if a non-party) for adeposition in this State, and fourteen (14)days' notice for an out-of-state deposition.Noncompliance obviates the need forprotective order.Notwithstanding the foregoing, in accordancewith Federal Rule of Civil Procedure 32(a)(3),no deposition shall be used against a partywho, having received less than fourteen (14)days' notice of a deposition as computedunder Federal Rule of Civil Procedure 6(a),has prom ptly upon receiving such notice fileda motion for protective order under FederalRule of C ivil Procedure 26(c)(2) requestingthat the deposition not be held or be held at adifferent time or place and such motion ispending at the time the deposition is held.


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(1) Appeal of Non-dispositive Matters-Title28, United States Code, Section 636 (b)(I)(A)Any party may appeal from a MagistrateJudge's order determining a mo tion or matterunder subsection l(c) of these rules, supra,within fourteen (14) days after being servedwith the Magistrate Judge's order, unless adifferent time is prescribed by the MagistrateJudge or District Judge. Such party shall filewith the Clerk of the Court, and serve on allparties, written objections which shallspecifically set forth the order, or part thereof,appealed fiom a concise statement of thealleged error in the Magistrate Judge's ruling,and statutory, rule, or case authority, insupport of the moving party's position. Anyparty may respond to another party'sobjections within fourteen (14) days afterbeing served with a copy thereof, or withinsuch other time as may be allowed by theMagistrate Judge or District Judge. Absentprior permission from the Court, no partyshall file any objections or responses toanother party's objections exceeding twentypages in length. The District Judge shallconsider the appeal and shall set aside anyportion of the Magistrate Judge's order foundto be clearly erroneous or contrary to law.The District Judge may also reconsider suasponte any m atter determined by a MagistrateJudge under this rule.(b) Review of Case-Dispositive Motionsand Prisoner Litigation-Title 28, UnitedStates C ode, Section636@)(1)(B).Any partymay object to a Magistrate Judge's proposedfindings, recommendations or report undersubsections l(d), (e), and (0 of these rules,supra, within fourteen (14) days after beingserved with a copy thereof, or within suchother time as may be allowed by theMagistrate Judge or District Judge. Suchparty shall file with the Clerk of the Court,and serve on all parties, written objectionswhich shall specifically identify the portionsof the proposed findings, recommendations orreport to wh ich objection is made, the specificbasis for such objections, and supporting legalauthority. Any party may respond to anotherparty s objections within fourteen (14) days

MagistrateRule 4(a)(l)

MagistrateRule 4(b)

(1 ) Appeal of N on-dispositive Matters-Title28, United States C ode, Section 636(b)(l)(A).Any party may appeal from a MagistrateJudge's order determining a motion or m atterunder subsection l(c) of these rules, supra,within ten days after being served with theMagistrate Judge's order, unless a differenttime is prescribed by the M agistrate Judge orDistrict Judge. Such party shall file with theClerk of the Court, and serve on all parties,written objections which shall specifically setforth th e order, or part thereof, appealed fioma concise statement of the alleged error in theMagistrate Judge's ruling, and statutory, rule,or case authority, in support of the movingparty's position. Any party may respond toanother party's objections within ten days afterbeing served with a copy thereof, or withinsuch other time as may be allowed by theMagistrate Judge or District Judge. Absentprior permission from the Court, no partyshall file any objections or responses toanother party's objections exceeding twentypages in length. The District Judge shallconsider the appeal and shall set aside anyportion of the Magistrate Judge's order foundto be clearly erroneous or contrary to law.The District Judge may also reconsider suasponte any matter determined by a M agistrateJudge under this rule.

(b) Review of Case-Dispositive Motionsand Prisoner Litigation-Title 28, UnitedStates C ode, Section 636(b)(l)(B). Any partymay object to a Magistrate Judge's proposedfindings, recommendations or report undersubsections l(d), (e), and (f) of these rules,supra, within ten days after being served witha copy thereof, or within such other time asmay be allowed by the Magistrate Judge orDistrict Judge. Such party shall file with theClerk of the Court, and serve on all parties,written objections which shall specificallyidentify the portions of the proposed findings,recom mendations or report to which objectionis made, the specific basis for such objections,and supporting legal authority. Any party mayrespond to another party's ob jections withinten days after -being - erved - - ith a copy


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RulesGoverningAttorneyDiscipline,Rule 1II.C

thereof, or within such o ther time as may beallowed by the Magistrate Judge or DistrictJudge. Absent prior permission from theCourt, no party shall file any objections orresponses to another party's objectionsexceeding twenty pages in length. A DistrictJudge shall make a de novo determination ofthose portions of the report or specifiedproposed findings or recommendations towhich objection is made and may accept,reject, or modify, in whole or in part, thefindings or recommendations made by theMagistrate Judge. The District Judge,however, need conduct a new hearing only inhis discretion or where required by law, andmay consider the record developed before theMagistrate Judge, making his owndetermination on the basis of that record. TheDistrict Judge may also receive furtherevidence, recall witnesses, or recommit thematter to the Magistrate Judge withinstructions.C. If the Committee concludes frompreliminary investigation, or otherwise, thatprobable cause ex ists, the Comm ittee shall filewith the Court a written report of itsinvestiga tion, stating with specificity the factssupporting its conclusion, and shall apply tothe Court for the issuance of an orderrequiring the attorney to show cause withinthirty days after service of that order why theattorney should not be disciplined. The orderto show cause shall set forth the particular actor acts of conduct for which he or she issought to be disciplined. A copy of theCommittee's written report should beprovided to the attorney along with the showcause order. The accused attorney may filewith the Committee within ten days of serviceof the o rder a written response to the order toshow cause. After receipt of the attorney'sresponse, if any, the Comm ittee may requestthat the Court rescind its previously issuedorder to show cause. If the show cause orderis not rescinded, and upon at least ten=daysnotice, the cause shall be set for hearingbefore the Committee. A record of allproceedings before the Committee shall bemade, and shall be made available to the

after being served with a copy thereof, orwithin such other time asmay be allowed bythe Magistrate Judge or District JudgeAbsent prior permission from the Court, noparty shall file any objections or responses toanother party's objections exceeding twentypages in length. A District Judge shall make ade novo determination of those portions of thereport or specified proposed findings orrecomm endations to which objection is madeand may accept, reject, or modify, in whole orin part, the findings or recommendationmade by the Magistrate Judge. The DistricJudge, however, need conduct a new hearingonly in his discretion or where required bylaw, and m ay consider the record developedbefore the M agistrate Judge, making his owndetermination on the basis of that record. TheDistrict Judge may also receive furtherevidence, recall witnesses, or recommit thematter to the Magistrate Judge withinstructions.C. If the Committee concludes frompreliminary investigation, or otherwise, thaprobable cause exists, the Comm ittee shall filewith the Court a written report of itsinvestigation, stating with spec ificity the factssupporting its conclusion, and shall apply tothe Court for the issuance of an orderrequiring the attorney to show cause withinthirty (30) days after serv ice of that order whythe attorney should not be disciplined. Theorder to show cause shall set forth theparticular act or acts of conduct for which heor she is sought to be disciplined. A copy othe Committee's written report should beprovided to the attorney along with the showcause order. The accused attorney may filewith the Comm ittee within fourteen (14) daysof service of the order a written response tothe order to show cause. After receipt of theattorney's response, if any, the Committeemay request that the Court rescind itspreviously issued order to show cause. If theshow cause order is not rescinded, and upon atleast fourteen (14) days notice, the cause shallbe set for hearing before the Com mittee. Arecord of all proceedings before theCommittee shall be made, and shall be made

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RulesGoverningAttorneyDiscipline,Ru le X1II.C

attorney . That record, and all other materialsgenerated by or on behalf of the Comm ittee orin relation to any disciplinary proceedingsbefore the Committee, shall in all otherrespects remain strictly confidential unlessand until otherwise ordered by the Court. Inthe event the attorney does not appear, theCom mittee may recommend summ ary actionand shall report its recomm endation forthwithto the Court. In the event that the attorneydoes appear, he or she shall be entitled to berepresented by counsel, to present witnessesand other evidence on his or her behalf, and toconfront and cross exam ine witnesses againsthim. Except as otherwise ordered by theCourt or provided in these Rules, thedisciplinary proceedings before theCom mittee sha ll be guided by the spirit of theFederal Rules of Evidence. Unless he or sheasserts a privilege or right properly availableto him or her under applicable federal or statelaw, the accused attorney may be called as awitness by the Committee to make specificand complete disclosure of all mattersmaterial to the charge of misconduct.

C. Whenever it appears that any person whohas been convicted of any crime or disbarredor suspended or censured or disbarred onconsent by this Court is adm itted to practicelaw in any other jurisdiction or before anyother court, this Court shall, within ten days ofthat conviction, disbarment, suspension,censure, or disbarm ent on consent, transmit tothe disciplinary authority in such otherjurisdiction, or for such other court, acertificate of the conviction or a certified orexemplified copy of the judgm ent o r order ofdisbarment, suspension, censure, ordisbarment on consent, as well as the lastknown o fi ce and residence addresses of thedisciplined attorney.

available to the attorney. That record, and allother materials generated by o r on behalf ofthe Committee or in relation to anydisciplinary proceedings before theCom mittee, shall in all other respects remainstrictly confidential unless and until otherwiseordered by the Court. In the event theattorney does not appear, the C omm ittee mayrecomm end summ ary action and shall reportits recommendation forthwith to the Court. Inthe event that the attorney does appear, he orshe shall be entitled to be represented bycounsel, to present witnesses and otherevidence on h is or her behalf, and to confrontand cross examine witnesses against him.Except as otherwise ordered by the Court orprovided in these Rules, the disciplinaryproceedings before the Committee shall beguided by the spirit of the Federal Rules ofEvidence. Unless he or she asserts a privilegeor right properly available to him or her underapplicable federal or state law, the accusedattorney may be called as a witness by theCommittee to make specific and completedisclosure of all matters material to the chargeof misconduct.C. Whenever it appears that any person whohas been convicted of any crime o r disbarredor suspended or censured or disbarred onconsent by this Court is admitted to practicelaw in any other jurisdiction or before anyother court, this Court shall, within fourteen(14) days of that conviction, disbarment,suspension, censure, or disbarment onconsen t, transm it to the disciplinary authorityin such other jurisdiction, or for such othercourt, a certificate of the conviction or acertified or exemplified copy o f the judgmentor order of disbarmen t, suspension, censure,or disbarment on consent, as well as the lastknown office and residence addresses of thedisciplined attorney.


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16/21Southern D istrict of F lorida Interim Rules Changes, Page 14 of 19

Freight, Proceeds,and/or IntangibleProperty

C(4)(a) PublishingNotice of the Arrest a sRequired bySupplemental Rulec (4 )

C(4)(b) PublishingNotice of the Arrest asRequired bySupplemental Rulec ( 4 )

C(6)Tim e for FilingClaim or Answer

States Marshal. Unless a claimis filed in accordance withSupplemental Rule E(4)(f), andLocal Admiralty Rule C(6)(a),any person served with asum mo ns issued pursuant toLocal Admiralty Rule C(2)(a)or(b)(2), shall within ten days afterexecution of service, deliver orpay over to the Marshal all, orpart of, the freight, proceeds,and/or intangible propertysufficient to satisfy plaint iffsclaim.Ti me for Publication. If theproperty is not released withinten days after the execution ofprocess, the notice required bySupplemental Rule C(4 ) shall bepublished by the plaintiff inaccordan ce with Local AdmiraltyRule A(7). Such notice shall bepublished within seventeen daysafter execution of process. Thenotice shall substantially conformto the form identified as SDF 7 inthe Appendix to these LocalAdmiralty Rules.Proof of Publication. Plaintiffshall file with the C lerk of theCourt proof of publication notlater than ten days following thelast day of publication. It shallbe sufficient proof for theplaintiff to file the swornstatement by, or on behalf of, thepublisher or editor, indicating thedates of publication, along with acopy or reproduction of theactual publication.Time for Filing Claim orAnswer. Unless otherwiseordered by the Court, anyclaimant of property subject to anaction in rem shall:(a) File the claim within ten days

States Marshal. Unless a claimis filed in accordance withSupplem ental Rule E(4)(f), andLocal Admiralty Rule C(6)(a),any person served with asum mo ns issued pursuant toLocal Admiralty Rule C(2)(a)or(b)(2), shall w ithin fourteendays after execution of service,deliver or pay over to theMarshal all, or part of, thefreight, proceeds, and/orintangible property sufficient tosatisfy plaintiffs claim.Time or Publication. If theproperty is not released withinfourteen days after the executionof process, the notice required bySupplemental R ule C(4) shall bepublished by the plaintiff inaccordance with Local AdmiraltyRule A(7). Such notice shall bepublished within twenty-onedays after execution o f process.The notice shall substantiallyconform to the form identified asSD F 7 in the Appendix to theseLocal Admiralty Rules.Proof of Publication. Plaintiffshall file with the Clerk of theCourt proof of publication notlater than fourteen daysfollowing the last day ofpublication. It shall be sufficientproof for the plaintiff to file thesworn statem ent by, or on behalfof, the publisher or editor,indicating the d ates ofpublication, along with a copy orreproduction of the actualpublication.Time for Filing Claim orAnswer. Unless otherwiseordered by the Court, anyclaimant of property subject to anaction in rem shall:(a) File the claim within



fourteen days after process hasbeen executed; and(b ) Serve an answ er withintwenty-one days after the filingof the claim.When Any Person Has F iled anAppearance, But D oes Not Joinin the Motion for Entry ofDefault Judgment. If any personhas filed an appearance inaccordance with Local Adm iraltyRule C(6), but does not join inthe motion for entry of defaultjudgmen t, the party seeking theentry of default judgment shallserve notice of the motion uponthe party not joining in themotion, and thereafter theopposing party shall have sevendays from receipt of the notice tofile written opposition w ith theCourt.Except a s indicated below, andsubject to any other rule or orderof this Court, no person shallhave an automa tic right tointervene in an action where the

Court has ordered the sale of thevessel or property, and the dateof the sale is set w ithin twenty-one days from the date the partymoves fo r permission tointervene in accordance with thissubsection. In such cases, theperson seeking permission tointervene must:

Any party seek ing the arrest orattachmen t of property shalldeposit a sum with the Marshalsufficient to cover the M arshal'sestimated fees and expenses ofarresting and keeping theproperty for at least fourteendays.

C(9)(b) ProceduralRequirements for theEntry of DefaultJudgment

E(2)(b)PermissiveIntervention W hen theVessel or Property HasBeen Scheduled forSale by the C ourt.

E(5)(1) DepositRequired BeforeSeizure.

after process has been executed;and(b) Serve an answ er withintwenty days after the filing ofthe claim.

When Any Person Has Filed a nAppearance, But D oes Not Joinin the Motion for Entry ofDefault Judgment. If any personhas filed an appearance inaccordance with Local AdmiraltyRule C (6), but does not join inthe motion for entry of defaultjudgmen t, the party seeking theentry of default judgment shallserve notice of the motion uponthe party not joining in themotion, and thereafter theopposing party shall have fivedays from receipt of the notice tofile written opposition with theCourt.Except a s indicated below, andsubject to any other rule or orderof this Court, no person shallhave an autom atic right tointervene in an action where theCourt has ordered the sa le of thevessel or property, and the dateof the sale is set within fifteendays from the date the partymoves for permission tointervene in accordance with thissubsection. In such cases, theperson seeking permission tointervene must:

Any party seeking the arrest orattachment o f property shalldeposit a sum with the Marshalsufficient to cover the Marshal'sestimated fees and expenses ofarresting and keeping theproperty for at least ten days.



E(5)(b)(2) -Determination of TotalExpenses by Marshal

E(1 l)(c) Expenses forCare and Maintenanceof a Crew.

E(15)(a) S tay of FinalOrder

Upon receipt of this listing, theMarshal shall determine the totalexpenses incurred to date and shallestimate the expenses to beincurred during the next ten days.For the purpose of making thiscalculation, the total fees andexpenses shall be calculated fromthe date when continuous anduninterrupted arrest or attachm entof the property began, and notprorated from the date a particularparty's intervening complaint wasfiled.Such applications must be filedwithin thirty days from the dateof the vessel's initial seizure.Otherw ise, except in the case ofan emergency, such applicationsshall be filed and served upon allparties, who in turn shall haveten days fiom receipt of theapplication to file a writtenresponse . . .Automatic Stayfo r Ten Days. Inaccordance with Federal Rule ofCivil Procedure 62(a), noexecution shall issue upon ajudgmen t, nor shall seizedproperty be released pursuant to ajudgment or dismissal, until tendays after the entry of thejudgmen t or order of dismissal.

Upon receipt of this listing, theMarshal shall determine the totalexpenses incurred to date andshall estimate the expenses to beincurred during the next fourteen(14) days. For the purpose ofmaking this calculation, the totalfees and expenses shall becalculated from the date whencontinuous and uninterruptedarrest or attachment of theproperty began, and not proratedfrom the date a particular party'sintervening complaint was filed.Such applications m ust be filedwithin thirty days from the dateof the vessel's initial seizure.Otherw ise, except in the case ofan emergency, such applicationsshall be filed and served upon allparties, who in turn shall havefourteen days from receipt ofthe application to file a writtenresponse . .Automatic Stay for FourteenDays. In accordance withFederal Rule of Civil Procedure62(a), no execution shall issueupon a judgment, nor shall seizedproperty be released pursuant to ajudgmen t or dismissal, untilfourteen days after the entry ofthe judgment or order ofdismissal.


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E(15) (b) Stay of FinalOrder

E(16)(2) Notice of Sale

E(17)(a)(2) Sale of aVessel or Property.

E(17)(g )(l) Sale of aVessel or Property

Stays Beyond the Ten DayPeriod. If within the ten dayperiod established by FederalRule of Civil Procedure 62 (a), aparty files any of the motion scontemplated in Federal Rule ofCivil Procedure 62 (b), or a noticeof appea l, then unless otherwiseordered by the Court, a furtherstay shall exist for a period not toexceed thirty days from the entryof the judgment or order. Thepurpose of this additional stay isto permit the Court to consider anapplication fo r the establishme ntof a supersedeas bond and toorder the date upon which thebond shall be filed with theCourt.

(2) Duration o f Publication.Unless othe rwise ordered by theCourt, applicable SupplementalRule, or Local Admiralty Rule,publication o f the notice of saleshall be made at least twice; thefirst publication shall be at leastone calendar week prior to thedate of the sale, and the second atleast three calendar days priorto the date of the sale.

If the Bid Is More Than $500.00.Th e bidder shall immediatelydeposit with the Marshal$500.00, or ten percent of thebid, whichever sum is greater.Thereafter the bidder shall paythe remaining purchase pricewithin three working days.Time or Filing Objections.Unless othe rwise permitted bythe Court, an objection must befiled within three working days

Stays Beyond the Fourteen DayPeriod. If within the fourteenday period established byFederal Rule o f Civil Procedure62(a), a party files any of themotions contem plated in FederalRule of Civil Procedure 62(b), ora notice of appeal, then un lessotherw ise ordered by the Court, afurther stay shall exist for aperiod not to exceed thirty daysfrom the entry of the judgment ororder. Th e purpose of thisadditional stay is to permit theCourt to consider an applicationfor the establishment o f asupersedeas bond and to orderthe date upon which the bondshall be filed with the Court.

(2) Duration o f Publication.Unless othe rwise ordered by theCourt, applicable SupplementalRule, or Local Admiralty Rule,publication o f the notice of saleshall be made at least twice; thefirst publication shall be at leastfourteen days prior to the date ofthe sale, and the second at leastseven days prior to the date ofthe sale.

If the Bid Is More Than $500.00.The bidder shall imm ediatelydeposit with the Marshal$500 .00, or ten percent of thebid, whichever sum is greater.Therea fter the bidder shall paythe remaining purchase pricewithin seven days.Time or Filing Objections.Unless otherw ise permitted bythe Cou rt, an objection must befiled within seven days


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following the sale. The party orperson filing an objection shallserve a copy of the objectionupon the Marshal and all otherparties to the action, and shallalso file a Certificate of Serviceindicating the date and manner ofservice. Opposition to theobjection m ust be filed withinseven days after receipt of theobjection o f the sale.Any party may move to set asidethe appraisal within fourteendays following the filing of theappraisal with the C lerk of theCourt.SPECIAL NOTICEIn accordance with LocalAdm iralty Rule C(6), any personclaiming an interest in the vesseland/or property shall be requiredto file a claim w ithin fourteendays after process has beenexecuted, and shall also berequired to file an answer withintwenty-one days after the filingof this claim.Pursuant to Supplemental RuleC(6), and Local Adm iralty RuleC(6), any person having a claimagainst the vessel and/o r propertyshall file a claim with the Courtnot later than fourteen days afterprocess has been effected, andshall file an answ er withintwenty-one d ays from the dateof filing their claim.WH ERE AS, this process isissued pursuant to such prayerand requ ires that a garnisheeshall serve his answer withintwenty-one days after service ofprocess upon him and requiresthat a defenda nt shall serve hisanswer w ithin thirty days afterprocess has been executed,whether by attachment of

F(4) Objections to theAppraisal.

FORM 4. WARRANTFOR ARREST INREM

FORM 7. NOTICE OFACTION IN REMAND ARREST OFVESSEL

FORM 12 .SUMMONS ANDPROCESS OFMARITIMEATTACHMENT ANDGARNISHMENT

following the sale. The party orperson filing an objection shallserve a copy of the objectionupon the Marshal and all otherparties to the action, and shallalso file a Certificate of Serviceindicating the date and manner ofservice. Opposition to theobjection mu st be filed withinseven days after receipt of theobjection of the sale.Any party may move to set asidethe appraisal within ten daysfollowing the filing of theappraisal with the Clerk o f theCourt.SPECIAL NOTICEIn accordance with LocalAdmiralty Rule C(6), any personclaiming an interest in the vesselandlor property shall be requiredto file a claim within ten daysafter process has been executed,and shall also be required to filean answ er within twenty daysafter the filing of this claim.

Pursuant to Supp lemental RuleC(6), and Local Admiralty RuleC(6), any person having a claimagainst the vessel and/or propertyshall file a claim with the Courtnot later than ten days afterprocess has been effected , andshall file an answ er withintwenty days from the date offiling their claim.WHE REAS, this process isissued pursuant to such prayerand requires that a garnisheeshall serve his answ er withintwenty days after service ofprocess upon him and requiresthat a defendant shall serve hisanswer within thirty days afterprocess has been executed,whether by attachment of


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property or service on thegarnishee,You are hereby summoned tointerpose in writing a claim, byattorney or in proper person, atthe Clerk's of the Court's Officein said District within fourteendays after the serv ice, andtherewith or thereafter withintwenty-one days following suchclaim or thirty days after theservice, whichever is less, aresponsive pleading to thecomplaint herewith served uponyou and to sh ow cause why saidproperty under your controlshould not be paid into Court toabide the judgment; and you arerequired s o also to serve copythereof upon ,plaintiffsattomey(s) whose address is

; or if you do not claimsaid property then to so serve andshow cause why said propertyunder your control should not bepaid into Court to abide thejudgment.

FORM 13.MARITIMESUMMONS TOSHOW CAUSERESPECTINGINTANGIBLEPROPERTY

property or service on thegarnishee,You are hereby summoned tointerpose in writing a claim , byattorney or in proper person, atthe Clerk's of the Court's Officein said District within ten daysafter the service, and therewith orthereafter within twenty daysfollowing such claim or thirtydays after the service, whicheveris less, a responsive pleading tothe complaint herewith servedupon you and to sho w cause whysaid property under your controlshould not be paid into Court toabide the judgm ent; and you arerequired so also to serve copythereof upon ,plaintiffsattorney(s) whose add ress is

; r if you do not claimsaid property then to so serve andshow cause why said propertyunder your control should not bepaid into Court to abide thejudgment.

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Southern District of Florida Administrative Order 2009-51

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