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Civil Filing Requirements - Southern District of Florida

United States District Court General Civil Case Filing Requirements Southern District of Florida OFFICE OF THE CLERK United States District Court Southern District of FloridaCIVIL Filing Requirements REVISED August 28, 2019 ANGELA E. NOBLE COURT ADMINISTRATOR/CLERK OF COURT ____ __ __ _____ __ __ __ __ _ The Mission of the Clerk's Office for t he Southern District of Florida is t o provide the supp ort necessary to enable the Court as an institution to fulfill its constitutional, statutory, and societal responsibilities for all who seek justice. United States District Court General Civil Case Filing Requirements Southern District of Florida Table of Contents Section 1 - GENERAL COURT INFORMATION.

Southern District of Florida . Section 1 - GENERAL COURT INFORMATION . 1A. Office Addresses and Telephone Numbers . The Clerk’s Office is located in the Miami, Fort Lauderdale, West Palm Beach and Fort Pierce divisions, and is open to the general public from 8:30 a.m. to 4:30p.m. on regular business days .

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Transcription of Civil Filing Requirements - Southern District of Florida

1 United States District Court General Civil Case Filing Requirements Southern District of Florida OFFICE OF THE CLERK United States District Court Southern District of FloridaCIVIL Filing Requirements REVISED August 28, 2019 ANGELA E. NOBLE COURT ADMINISTRATOR/CLERK OF COURT ____ __ __ _____ __ __ __ __ _ The Mission of the Clerk's Office for t he Southern District of Florida is t o provide the supp ort necessary to enable the Court as an institution to fulfill its constitutional, statutory, and societal responsibilities for all who seek justice. United States District Court General Civil Case Filing Requirements Southern District of Florida Table of Contents Section 1 - GENERAL COURT INFORMATION.

2 4 1A. Office Addresses and Telephone Numbers .. 4 1B. Website .. 4 1C. Court Records Available at Courthouses and Remotely via 4 1D. Fees .. 5 1E. Forms .. 5 Section 2 -GENERAL Filing Requirements .. 5 2A. Electronic Filing Requirements .. 5 2B. Pro Se Litigants .. 6 2C. Response Deadlines .. 6 2D. Requirement to Maintain Mailing Address and Contact Information .. 6 2E. Conventional (Paper) Filings .. 6 2F. Signature Block and Certificate of Service .. 7 2G. Motions .. 7 2H. Discovery .. 7 2I. Civil Subpoenas .. 7 2J. Emergency Matters .. 8 2K. Notification of 90 Days Expiring .. 9 2L. Sealed Documents .. 9 2M. Conditions for Fees Paid by Check .. 9 2M. Filings May Not be Submitted on CD, DVD, Cassette, or VHS Tape.

3 10 2N. Documents Written in Foreign Languages Must Be Accompanied With Translation .. 10 Section 3 - REDACTION REQUIREMENT and PRIVACY 10 Section 4 - DOCUMENTS AND FEES RELATED TO NEW Civil CASES .. 10 4A. Complaint/Petition .. 10 4B. Civil Cover Sheet .. 11 4C. Filing Fee and Application to Proceed Without Prepaying Costs or Fees .. 12 4D. Summonses .. 12 (1) Issuance of Summonses .. 13 (2) Method of Service .. 13 (3) Proof of Service .. 14 (4) Answer to Complaint .. 14 Section 5 - SPECIFIC Civil ACTIONS .. 14 5A. Complaint Against Private Person, Corporation, or Against the United States .. 14 5B. Complaint Against the Secretary of the State of Florida .. 15 United States District Court General Civil Case Filing Requirements Southern District of Florida 5C.

4 Complaint - Amended .. 15 5D. Complaint Under The Civil Rights Act, Code 42, Section 1983 .. 16 5E. Motion to Enforce - Quash Deposition Subpoena from Another District .. 16 5F. Motion/Petition for Return of Seized Property .. 16 5G. Registration of a Judgment from Another District .. 17 5H. Removal of a Case from State Court .. 17 Section 6 - ADMIRALTY and MARITIME CLAIMS .. 18 6A. Limitation of Liability / Complaint for Exoneration .. 18 6B. In Personam Actions: Process of Attachment and Garnishment .. 19 6C. Actions in Rem .. 20 6D. Release of Property/Writ of Restitution .. 20 Section 7 - WRITS OF GARNISHMENT AND EXECUTION .. 21 7A. Writ of Execution .. 21 7B. Writ of Garnishment (Post-Judgment) .. 22 7C. Writs of Execution and Writ Garnishment Filed Under FDCPA.

5 23 Section 8 - APPEALS TO THE UNITED STATES COURT OF APPEALS .. 24 Section 9 - ATTORNEY INFORMATION .. 25 9A. Admission .. 25 9B: Volunteer Attorneys (Pro Bono) .. 25 9C. Pro Hac Vice Appearance .. 25 9D. Government Attorneys .. 25 Section 10 - 26 Attachment A Sample Document .. 27 Attachment B Certification of Emergency .. 29 Attachment C - Complaint .. 30 Attachment D Civil Cover Sheet (JS44).. 32 Attachment E Cause of Action Codes .. 34 Attachment F- Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) .. 45 Attachment F- Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) .. 47 Attachment G Summons in a Civil Action .. 52 Attachment H - Notice of a Lawsuit and Request to Waive Service of a Summons.

6 54 Attachment I Instructions/Complaint Under Civil Rights Act .. 55 United States District Court General Civil Case Filing Requirements Southern District of Florida Section 1 - GENERAL COURT INFORMATION 1A. Office Addresses and Telephone Numbers The Clerk s Office is located in the Miami, fort lauderdale , West Palm Beach and fort Pierce divisions, and is open to the general public from 8:30 to 4:30 on regular business days. Customer service is also provided over the telephone from 8:30 to 5:00 Due to limited staffing, these hours do not apply to the Key West Office. However, Clerk s Office staff in Miami will provide public assistance over the telephone when the Key West office is not staffed.

7 The courthouses are located at: 400 North Miami Avenue, 8th Floor Miami, Florida 33128 305-523-5100 299 East Broward Boulevard, Room 108 fort lauderdale , Florida 33301 954-769-5400 701 Clematis Street, Room 202 West Palm Beach, Florida 33401 561-803-3400 101 South Highway 1, Room #1016 Ft. Pierce, FL 34950 772-467-2300 301 Simonton Street, Room 130 Key West, Florida 33040 305-295-8100 (limited hours) 1B. Website The Southern District of Florida s website, located at: , contains the Local Rules of this Court as well as general court information and other resources related to case processing. 1C. Court Records Available at Courthouses and Remotely via PACER Public computer terminals that allow access to the Court s Case Management/Electronic Case Filing system (CM/ECF) are available at the courthouses.

8 The terminals may be used to conduct case searches by party name or case number. 44 United States District Court General Civil Case Filing Requirements Southern District of Florida Case and docket information can also be accessed remotely via the PACER system (Public Access to Court Electronic Records). PACER is provided by the federal Judiciary to provide public access to court information via a centralized service. PACER is available to anyone (attorneys, pro se filers, the media, general public, etc.) who registers for a PACER account. PACER is available 24 hours a day, including weekends. Public case information is available via PACER as soon as the information is entered in CM/ECF.

9 The electronic record is considered the official record in this District . Please Note: Access to court documents from PACER can be obtained at a cost less than copies obtained from the Clerk s Office. Access to court documents via PACER costs $ per page, with a maximum charge of $ for documents or reports that are more than 30 pages. PACER fees are waived, if charges are $15 or less in a quarter (3 month period), effectively making the service free for many people. (Copies made by the Clerk s Office are generally $.50 per page.) Information about PACER and signing up for an account can be found on PACER s website at or calling 1-800-676-6856. 1D. Fees Fees are set by the Judicial Conference of the United States.

10 The Fee Schedule is available on the Court s website at 1E. Forms Most forms/documents listed in this Guide can be located on the Court s website at Forms are also available from the Administrative Office of the Courts website at Section 2 -GENERAL Filing Requirements Disclaimer: The information in this guide does not take the place of a pro se litigant or attorneys responsibility to comply with the Local Rules, the Federal Rules of Civil Procedure and all other laws. The Local Rules of this Court may be obtained at the Intake Section at of the Clerk s Offices free of charge or from our website at This guide is NOT legal advice. 2A. Electronic Filing Requirements On October 12, 2006, the Southern District of Florida implemented CM/ECF, an electronic Filing system designated for use nationwide by the United States Courts.


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