Local Rules for Civil Cases in the Eleventh Circuit Court District
ORDER SETTING DEADLINES FOR DISCOVERY, HEARING ON
PRELIMINARY MATTERS AND PRETRIAL STATEMENT
By direction of the court, IT IS ORDERED as follows:
1. (a) All discovery must be completed within ninety (90) days from service of an answer by the applicable defendant. Additional discovery time may be allowed with leave of court upon written motion setting forth good cause for the extension. Absent special circumstances the court will not allow testimony at trial of an expert witness who was not designated as an expert witness to all attorneys of record at least sixty (60) days before trial. MS R UNIF CIR AND CTY CT Rule 4.03(A).
(b) Prior to service of motions for extension of discovery, protective orders and/or to compel discovery for whatever reason, all counsel shall be under a duty to confer in good faith to determine to what extent such discovery disputes can be resolved before presenting the issue to the assigned judge. Motions to compel shall quote verbatim each contested request, the specific objection to the request, the grounds for the objection and the reasons supporting the motion. No such motion(s) shall be heard by the assigned judge unless counsel for the moving party shall incorporate in his/her motion a certificate that he/she has conferred in good faith with opposing counsel in an effort to resolve the dispute and has been unable to do so. MS R UNIF CIR AND CTY CT Rule 4.03(C).
2. That any other dispositive motions which may be considered prior to trial shall be filed on or before fifteen (15) days after the date fixed in Paragraph 1(a) of this Order and any extensions thereof. Notice and copy thereof shall be served on counsel for all parties and on the assigned judge with informal memo briefs attached and with proposed orders attached to the copies filed with the assigned judge. It is contemplated that all motions will be disposed of by the assigned judge based on informal memo briefs submitted.
3. (a) That formal pretrial conference before the judge is dispensed with and matters which may aid in simplification of the issues, the obtaining of admissions of fact and of documents which will avoid unnecessary proof, and other matters which may aid in the disposition of the case will be contained in the Pretrial Statement.
(b) That counsel with full authority to act for the parties shall confer in person and complete, sign, and submit in duplicate a Pretrial Statement to the assigned judge.
(c) That the Pretrial Statement shall be submitted to the assigned judge at least ninety (90) days before trial.
(d) That informal memo briefs relating to contested issues of law and any anticipated questions regarding admissibility of evidence during the course of the trial and a copy of proposed jury instructions will be submitted by counsel with the Pretrial Statement.
(e) That the Pretrial Statement upon receipt and approval will be signed and filed by the assigned judge. The formal pleadings are considered as merged in the Pretrial Statement which shall control the subsequent course of this action.
(f) That the preparation and timely submission of the Pretrial Statement to the assigned judge is the joint responsibility of all counsel appearing in this case. In the event counsel for any party fails to cooperate with counsel for other party, the assigned judge may, on motion of any party, direct and require the attorneys for the parties to appear before him/her for a pretrial conference.
4. That the failure by any party and/or attorney to comply with any one or more of the previsions contained herein may subject such party and/or attorney to the imposition of appropriate sanctions, including the assessment of costs, expenses, and attorney’s fees.