MEET AND CONFER
Counsel must actually confer (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before filing discovery motions.
If, after conferring, the parties are unable to resolve their discovery disputes without Court intervention, the moving party shall file a motion, no longer than 5 pages in length. The moving party may attach as exhibits to the motion materials relevant to the discovery dispute. For example, if the dispute concerns interrogatories, the interrogatory responses (that restate the interrogatories) shall be filed, with some indication which interrogatories remain in dispute. Because the parties may attach relevant discovery as an exhibit to the motion, compliance with S.D. Fla. L. R. 26.1(h)(2) and (3) is not required. The movant shall include in its motion a certificate of good faith that complies with S.D. Fla. L. R. 7.1 (a)(3). Counsel shall also deliver a courtesy hard copy of the motion and tabbed exhibits to Judge McAliley’s chambers at the time of filing.
RESPONSES TO MOTIONS
The responding party shall file a response to the discovery motion within 7 days of the service of the motion, or at an earlier time if ordered by the Court. The response shall be limited to 3 pages in length. The responding party may attach as exhibits materials relevant to the discovery dispute, as referenced above. Counsel shall also deliver a courtesy hard copy of the response and tabbed exhibits to Judge McAliley’s chambers at the time of filing.
No reply memoranda are permitted absent specific court order.
After the motion is fully briefed, the Court shall either resolve the motion or set it for hearing.
These procedures do not relieve parties from the requirements of any Federal Rule of Civil Procedure or Local Rule except as noted above.
The parties shall notify chambers as soon as practicable if they resolve some, or all, of the issues in dispute.
THE COURT MAY NOT CONSIDER A MOTION OR RESPONSE THAT DOES NOT COMPLY WITH THIS PROCEDURE.