RULE 3.10 FAILURE TO PROSECUTE: DISMISSAL

RULE 3.10 FAILURE TO PROSECUTE: DISMISSAL
(a) Whenever it appears that any case is not being diligently prosecuted the Court may,
on motion of any party or on its own motion, enter an order to show cause why the case should not
be dismissed, and if no satisfactory cause is shown, the case may be dismissed by the Court for
want of prosecution.
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CHAPTER FOUR
SPECIAL RULES
RULE 4.01 AMENDMENTS OF PLEADINGS
(a) Unless otherwise directed by the Court, any party permitted to amend a pleading shall
file the amended pleading in its entirety with the amendments incorporated therein.
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RULE 4.02 REMOVAL OF CASES FROM STATE COURT
(a) All cases removed to this Court from the courts of the State of Florida shall be
docketed and assigned, in accordance with Rule 1.03 of these rules, in the Division encompassing
the county of the State in which the case was pending.
(b) The party effecting removal shall file with the notice of removal a true and legible copy
of all process, pleadings, orders, and other papers or exhibits of every kind, including depositions,
then on file in the state court.
(c) When a case is removed to this Court with pending motions on which briefs or legal
memoranda have not been submitted, the moving party shall file and serve a supporting brief within
ten (10) days after the removal in accordance with Rule 3.01(a) of these rules, and the party or
parties opposing the motion shall then comply with Rule 3.01(b) of these rules.
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RULE 4.03 TIME OF MOTION TO JOIN THIRD PARTIES
(a) Any motion by a defendant for leave to join a third-party defendant pursuant to Rule
14(a), Fed.R.Civ.P., shall be made within six (6) months from the date of service of the moving
defendant’s answer to the complaint, or at least sixty (60) days prior to a scheduled trial date,
whichever first occurs.
(b) A motion by a plaintiff for leave to join a third-party defendant pursuant to Rule 14(b),
Fed.R.Civ.P., shall be made within six (6) months from the date of service of the moving plaintiff’s
reply to the counterclaim, or at least sixty (60) days prior to a scheduled trial date, whichever first
occurs.
(c) The provision of this rule may be suspended upon a showing of good cause therefor.
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RULE 4.04 CLASS ACTIONS
(a) In any case sought to be maintained as a class action pursuant to Rule 23,
Fed.R.Civ.P., the complaint shall contain, under a separate heading styled “CLASS ACTION
ALLEGATIONS”, detailed allegations of fact showing the existence of the several prerequisites to
a class action as enumerated in Rule 23(a) and (b), Fed.R.Civ.P.
(b) Within ninety (90) days following the filing of the initial complaint in such an action,
unless the time is extended by the Court for cause shown, the named plaintiff or plaintiffs shall move
for a determination under Rule 23(c)(1) as to whether the case is to be maintained as a class action.
The motion shall be supported by a memorandum as required by Rule 3.01(a) of these rules; and,
in addition to a showing of the prerequisites as required by subsection (a) of this rule, the motion
shall contain a detailed description or definition of the class (and sub-classes, if any), and the
number of persons in the class. If a determination is sought that the action shall be maintained
under Rule 23(b)(3), the motion shall also suggest a means of providing, and defraying the cost of,
the notice required by Rule 23(c)(2), Fed.R.Civ.P. If discovery relating to class action issues is
needed, the parties may move the Court for leave to take such discovery prior to the case
management meeting.
(c) In ruling upon a motion made under subsection (b) of this rule, the Court may allow
the class action, may disallow and strike the class action allegations, or may order postponement
of the determination pending additional discovery or such other preliminary procedures as may
appear appropriate in the circumstances.
(d) The foregoing provisions of this rule shall apply, with appropriate adaptations, to any
complaint alleged to be brought against a class, and to counterclaims or cross-claims brought for
a class.
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RULE 4.05 TEMPORARY RESTRAINING ORDERS
(a) Pursuant to Rule 65(b), Fed.R.Civ.P., temporary restraining orders may be issued
without notice to be effective for a period of ten (10) days unless extended or sooner dissolved.
Such orders will be entered only in emergency cases to maintain the status quo until the requisite
notice may be given and an opportunity is afforded to opposing parties to respond to the application
for a preliminary injunction. (See Rule 4.06 of these rules.)
(b) Due to previously scheduled business it will not ordinarily be possible for the Court
to interrupt its daily calendar in order to conduct a hearing or entertain oral presentation and
argument incident to an application for a temporary restraining order. The Court’s decision, of
necessity, will usually be made solely on the basis of the complaint and other supporting papers
submitted pursuant to this rule. Accordingly, all applications for temporary restraining orders must
be presented as follows:
(1) The request for the issuance of the temporary restraining order should be
made by a separate motion entitled “Motion for Temporary Restraining
Order”.
(2) The motion must be supported by allegations of specific facts shown in the
verified complaint or accompanying affidavits, not only that the moving party
is threatened with irreparable injury, but that such injury is so imminent that
notice and a hearing on the application for preliminary injunction is impractical
if not impossible (Rule 65(b), Fed.R.Civ.P.)
(3) The motion should also: (i) describe precisely the conduct sought to be
enjoined; (ii) set forth facts on which the Court can make a reasoned
determination as to the amount of security which must be posted pursuant to
Rule 65(c), Fed.R.Civ.P.; (iii) be accompanied by a proposed form of
temporary restraining order prepared in strict accordance with the several
requirements contained in Rule 65(b) and (d), Fed.R.Civ.P.; and (iv) should
contain or be accompanied by a supporting legal memorandum or brief.
(4) The brief or legal memorandum submitted in support of the motion must
address the following issues: (i) the likelihood that the moving party will
ultimately prevail on the merits of the claim; (ii) the irreparable nature of the
threatened injury and the reason that notice cannot be given; (iii) the potential
harm that might be caused to the opposing parties or others if the order is
issued; and (iv) the public interest, if any.
(5) If a temporary restraining order is issued by the Court it will be the
responsibility of the successful movant to obtain immediate service of process
upon the defendants, or parties enjoined, pursuant to Rule 4, Fed.R.Civ.P.
In addition to the summons, complaint and temporary restraining order, the
papers served must also include all motions, briefs, affidavits and exhibits
submitted to the Court, as well as such additional affidavits or other papers
upon which the moving party will rely in seeking to convert the temporary
restraining order into a preliminary injunction. The papers so served must
also include a notice of the hearing time fixed by the Court for consideration
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