RULE 3.04 MOTIONS TO COMPEL AND FOR PROTECTIVE ORDER

RULE 3.04 MOTIONS TO COMPEL AND FOR PROTECTIVE ORDER
(a) A motion to compel discovery pursuant to Rule 36 or Rule 37, Fed.R.Civ.P., shall
include quotation in full of each interrogatory, question on deposition, request for admission, or
request for production to which the motion is addressed; each of which shall be followed immediately
by quotation in full of the objection and grounds therefor as stated by the opposing party; or the
answer or response which is asserted to be insufficient, immediately followed by a statement of the
reason the motion should be granted. The opposing party shall then respond as required by Rule
3.01(b) of these rules.
(b) For the guidance of counsel in preparing or opposing contemplated motions for a
protective order pursuant to Rule 26(c), Fed.R.Civ.P., related to the place of taking a party-litigant’s
deposition, or the deposition of the managing agent of a party, it is the general policy of the Court
that a non-resident plaintiff may reasonably be deposed at least once in this District during the
discovery stages of the case; and that a non-resident defendant who intends to be present in person
at trial may reasonably be deposed at least once in this District either during the discovery stages
of the case or within a week prior to trial as the circumstances seem to suggest. Otherwise,
depositions of parties should usually be taken as in the case of other witnesses pursuant to Rule
45(d), Fed.R.Civ.P.. A non-resident, within the meaning of this rule, is a person residing outside the
State of Florida.
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RULE 3.05 CASE MANAGEMENT
(a) As soon as practicable after the filing of any civil action, the Clerk shall designate the
case for future management on one of three tracks. The Clerk will notify the Plaintiff of such
designation and the Plaintiff must then serve that notice upon all other parties. However, in cases
governed by Rule 4.02, the Clerk will notify the party effecting removal, as specified in Rule 4.02(b),
who then must serve that notice upon all other parties. The presiding judge may thereafter direct at
any time that a case be redesignated from one track to a different track.
(b) Cases shall be designated by the Clerk to their appropriate tracks as follows:
(1) The following categories of proceedings are Track One Cases:
(A) an action for review on an administrative record;
(B) a petition for habeas corpus or other proceeding to challenge
a criminal conviction or sentence;
(C) an action brought without counsel by a person in custody of
the United States, a state, or a state subdivision;
(D) an action to enforce or quash an administrative summons or
subpoena;
(E) an action by the United States to recover benefit payments;
(F) an action by the United States to collect on a student loan
guaranteed by the United States;
(G) a proceeding ancillary to proceedings in other courts; and
(H) an action to enforce an arbitration award.
(2) Track Two cases shall include all cases not designated as Track One Cases,
and not within the definition of Track Three Cases as hereafter stated. Track
Two Cases will normally consist of non-complex actions which will require a
trial, either jury or non-jury, absent earlier settlement or disposition by
summary judgment or some other means.
(3) Track Three Cases shall include those cases involving class action or antitrust
claims, securities litigation, mass disaster or other complex tort cases,
or those actions presenting factual or legal issues arising from the presence
of multiple parties or multiple claims portending extensive discovery
procedures or numerous legal issues such that the management techniques
recommended in the current edition of the Manual For Complex Litigation
should be considered and applied as appropriate to the circumstances of the
case. Track Three Cases shall also include any action so imminently
affecting the public interest (e.g. legislative redistricting, school
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desegregation, voting rights) as to warrant heightened judicial attention or
expedited treatment.
(c) The following procedures shall apply depending upon the Track to which a case has
been designated:
(1) Track One Cases – –
(A) Government foreclosure or recovery cases, motions to
withdraw references to the Bankruptcy Court, and proceedings under 28 USC

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