M.D. Fla. L.R. 3.01

Motions and Other Applications (incl. the 3.01(g) conferral requirement)

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Rule 3.01 Motions, Briefs, and Other Legal Memorandums
(a) P AGE COMPUTATION . Each page limit established in this rule
or in an order excludes only the caption, the signature block, any
certificate of conferral or service, and any verification or attachment.
(b) LENGTH AND CONTENT OF A MOTION, A BRIEF, OR AN
O BJECTION . A motion must include — in a single document no longer
than twenty-five pages — a concise statement of the precise relief
requested, a statement of the basis for the request, and a legal
memorandum supporting the request. If the interested parties agree to
the relief sought in a motion, the title must include “unopposed.” A
social security brief must not exceed twenty-five pages. An objection to
a magistrate judge’s order or report and recommendation must not
exceed ten pages. A motion for leave to file a motion, brief, or objection
exceeding the page limit must not exceed three pages; must specify the
need for, and the length of, the proposed paper; and must not include
the proposed paper.
(c) LENGTH AND CONTENT OF A RESPONSE . A party responding to
a motion or brief may file a legal memorandum no longer than twenty
pages. A response to an objection to a magistrate judge’s order or report
and recommendation must not exceed ten pages. A motion for leave to
file a response exceeding the page limit must not exceed three pages;
must specify the need for, and the length of, the proposed response; and
must not include the proposed response.
(d) TIME TO RESPOND . 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. If a party fails to timely respond, the motion is subject to
treatment as unopposed.

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(e) NO REPLY AS A MATTER OF RIGHT . Except for a reply to a
motion for summary judgment or a reply brief in a social security
action, no party may reply without leave. A motion for leave to reply
must not exceed three pages; must specify the need for, and the length
of, the proposed reply; and must not include the proposed reply. No
response to a motion for leave to reply is permitted. A party may reply
to a response to a motion for summary judgment within fourteen days
after service of the response. A reply must not exceed seven pages.
(f) 	E MERGENCY OR TIME -S ENSITIVE MOTION. If a party moves for
emergency or time-sensitive relief, the title of the motion must include
“emergency” or “time-sensitive,” and the motion must include an
introductory paragraph that explains the nature of the exigency and
states the day by which a ruling is requested. The unwarranted
designation of a motion as an emergency can result in a sanction.
(g) DUTY TO CONFER IN G OOD FAITH.
(1) Duty. Before filing a motion in a civil action, except a
motion for a Rule 11 sanction, for injunctive relief, for judgment
on the pleadings, for summary judgment, or to certify a class,
the movant must confer with the opposing party in a good faith
effort to resolve the motion.
(2) Certificate. At the end of the motion and under the heading
“Local Rule 3.01(g) Certificate,” the movant:
(A) 	must certify that the movant has conferred with the
opposing party,
(B) 	must state whether the parties agree on the resolution
of all or part of the motion, and
(C) 	if the motion is opposed, must explain the means by
which the conference occurred.

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(3) Unavailability. 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.
(h) NO INCORPORATION BY REFERENCE . A motion, other legal
memorandum, or brief may not incorporate by reference all or part of
any other motion, legal memorandum, or brief.
(i) 	O RAL ARGUMENT OR E VIDENTIARY HEARING . A party must
request oral argument or an evidentiary hearing in a separate document
accompanying the party’s motion or response and stating the time
necessary.
(j) 	S UPPLEMENTAL AUTHORITY. After filing a legal memorandum
but before a decision, a party identifying a supplemental authority that
is not merely cumulative may file — without argument or comment —
a notice of supplemental authority that contains only:
(1) a citation of the authority;
(2) a specification by page, paragraph, and line of the issue or
argument in the earlier paper that the authority supplements;
and
(3) a succinct quotation from the authority.
The notice must not include a copy of the authority unless the authority
is not readily available and must not exceed two pages.
(k) NO PROPOSED O RDER . Unless otherwise permitted by these
rules, no party in a civil action may submit a proposed judgment or
other order without leave.

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(l) 	NO UNAUTHORIZED CORRESPONDENCE . A party must not use
a letter, email, or the like to request relief or to respond to a request for
relief.

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