AFTER HOURS CRIMINAL DUTY PROCEDURES

ADMIRALTY AND MARITIME RULES RULE A. GENERAL PROVISIONS (1) SCOPE OF THE LOCAL ADMIRALTY AND MARITIME RULES (2) CITATION FORMAT (3) APPLICATION OF LOCAL ADMIRALTY AND MARITIME RULES (4) DESIGNATION OF “IN ADMIRALTY” PROCEEDINGS (5) VERIFICATION OF PLEADINGS ISSUANCE OF PROCESS (6) (7) PUBLICATION OF NOTICES (8) FORM AND RETURN OF PROCESS IN IN PERSONAM ACTIONS (9) JUDICIAL OFFICER DEFINED (10) FORMS RULE B. ATTACHMENT AND GARNISHMENT: SPECIAL PROVISIONS (1) DEFINITION OF “NOT FOUND WITHIN THE DISTRICT.” (2) VERIFICATION OF COMPLAINT REQUIRED (3) PRE-SEIZURE REQUIREMENTS (4) NOTIFICATION OF SEIZURE TO DEFENDANT (5) POST-ATTACHMENT REVIEW PROCEEDINGS (6) PROCEDURAL REQUIREMENT FOR THE ENTRY OF DEFAULT (7) PROCEDURAL REQUIREMENTS FOR THE ENTRY OF DEFAULT JUDGMENT RULE C. ACTION IN REM (1) VERIFICATION REQUIREMENTS (2) PRE-SEIZURE REQUIREMENTS (3) SPECIAL REQUIREMENTS FOR ACTIONS INVOLVING FREIGHT, PROCEEDS AND/OR INTANGIBLE PROPERTY (4) PUBLISHING NOTICE OF THE ARREST AS REQUIRED BY SUPPLEMENTAL RULE C(4) (5) UNDERTAKING IN LIEU OF ARREST (6) TIME FOR FILING CLAIM OR ANSWER (7) POST-ARREST PROCEEDINGS (8) PROCEDURAL REQUIREMENTS PRIOR TO THE ENTRY OF DEFAULT.

(9) PROCEDURAL REQUIREMENTS FOR THE ENTRY OF DEFAULT JUDGMENT.

RULE D. POSSESSORY, PETITORY, AND PARTITION ACTIONS (1) STABLISHING DATES FOR THE RETURN OF PROCESS RULE E. ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS (1) STATEMENT OF ITEMIZED DAMAGES AND EXPENSES REQUIRED (2) REQUIREMENTS AND PROCEDURES FOR EFFECTING INTERVENTION (3) SPECIAL REQUIREMENTS FOR SALVAGE ACTIONS (4) FORM OF STIPULATION OR BONDS (5) DEPOSIT OF MARSHAL’S FEES AND EXPENSES REQUIRED PRIOR TO EFFECTING ARREST, ATTACHMENT AND/OR GARNISHMENT . 90 (6) PROPERTY IN POSSESSION OF A UNITED STATES OFFICER (7) PROCESS HELD IN ABEYANCE (8) RELEASE OF PROPERTY IN ACCORDANCE WITH SUPPLEMENTAL RULE E(5) (9) APPLICATION TO MODIFY SECURITY FOR VALUE AND INTEREST (10) CUSTODY AND SAFEKEEPING (11) PRESERVATION, HUMANITARIAN AND REPATRIATION EXPENSES (12) PROPERTY IN INCIDENTAL CUSTODY AND OTHERWISE NOT SUBJECT TO THE ARREST OR ATTACHMENT (13) DISMISSAL (14) JUDGMENTS (15) STAY OF FINAL ORDER (16) NOTICE OF SALE (17) SALE OF A VESSEL OR PROPERTY (18) POST-SALE CLAIM RULE F. ACTIONS TO LIMIT LIABILITY (1) MONITION, INJUNCTION AND PUBLICATION OF THE NOTICE (2) PROOF OF PUBLICATION (3) SECURITY AND APPRAISALS PURSUANT TO SUPPLEMENTAL RULE F(7) (4) OBJECTIONS TO THE APPRAISAL (5) FEES OF THE APPRAISER (6) ORDER OF PROOF AT TRIAL MAGISTRATE JUDGE RULES RULE 1. AUTHORITY OF UNITED STATES MAGISTRATE JUDGES (A) DUTIES UNDER 28 U.S.C. § 636(A) (B) DISPOSITION OF MISDEMEANOR CASES—18 U.S.C. § 3401; FEDERAL RULE OF CRIMINAL PROCEDURE 58 (C) DETERMINATION OF NON-DISPOSITIVE PRETRIAL MATTERS-28 U.S.C. § 636(B)(1)(A) (D) RECOMMENDATIONS REGARDING CASE–DISPOSITIVE MOTIONS-28 U.S.C. § 636(B)(1)(B) (E) PRISONER CASES UNDER 28 U.S.C. §§ 2254 AND 2255 (F) PRISONER CASES UNDER 42 U.S.C. § 1983 (G) SPECIAL MASTER REFERENCES (H) CONDUCT OF TRIALS AND DISPOSITION OF CIVIL CASES UPON CONSENT OF THE PARTIES–28 U.S.C. § 636(C) (I) OTHER DUTIES RULE 2.

ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES RULE 3.

PROCEDURES BEFORE THE MAGISTRATE JUDGE IN GENERAL (A) (B) SPECIAL PROVISIONS FOR THE DISPOSITION OF CIVIL CASES BY A MAGISTRATE JUDGE ON CONSENT OF THE PARTIES-TITLE 28, UNITED STATES CODE, SECTION 636(C).

RULE 4.

REVIEW AND APPEAL (A) APPEAL OF NON-DISPOSITIVE MATTERS-GOVERNMENT APPEAL OF RELEASE ORDER. (B) REVIEW OF CASE-DISPOSITIVE MOTIONS AND PRISONER LITIGATION-28 U.S.C. § 636(B)(1)(B) (C) SPECIAL MASTER REPORTS-28 U.S.C. § 636(B)(2) (D) APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES—18 U.S.C. § 3402 [DELETED] (E) APPEAL FROM JUDGMENTS IN CIVIL CASES DISPOSED OF ON CONSENT OF THE PARTIES—28 U.S.C. § 636(C) RULES GOVERNING THE ADMISSION, PRACTICE, PEER REVIEW, AND DISCIPLINE OF ATTORNEYS RULE 1.

QUALIFICATIONS FOR ADMISSION RULE 2.

PROCEDURE FOR APPLYING FOR ADMISSION AND PROOF OF QUALIFICATIONS RULE 3. RETENTION OF MEMBERSHIP IN THE BAR OF THIS COURT RULE 4. APPEARANCES (A) WHO MAY APPEAR GENERALLY (B) APPEARANCE PRO HAC VICE (C) APPEARANCE AD HOC.

(D) GOVERNMENT ATTORNEYS RULE 5.

STUDENT PRACTICE (A) PURPOSE (B) STUDENT REQUIREMENTS.

AN ELIGIBLE STUDENT MUST (C) PROGRAM REQUIREMENTS (D) SUPERVISOR REQUIREMENTS (E) CERTIFICATION OF STUDENT, PROGRAM AND SUPERVISING ATTORNEYS (F) ACTIVITIES (G) COURT ADMINISTRATION RULE 6. COMMITTEE ON ATTORNEY ADMISSIONS, PEER REVIEW, AND ATTORNEY GRIEVANCE (A) ESTABLISHMENT AND MEMBERSHIP (B) PURPOSE (C) PROCEDURES (D) IMMUNITY (E) OBLIGATION TO COOPERATE WITH COMMITTEE (F) CONFIDENTIALITY (G) NOTICE.

RULE 7.

ATTORNEYS CONVICTED OF CRIMES RULE 8.

DISCIPLINE IMPOSED BY OTHER COURTS RULE 9.

DISCIPLINE ON CONSENT, RESIGNATION, OR INACTIVE STATUS IN OTHER COURTS RULE 10. DISCIPLINE ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION RULE 11.

INCAPACITY RULE 12.

REINSTATEMENT (A) AFTER DISBARMENT OR SUSPENSION (B) TIME OF APPLICATION FOLLOWING DISBARMENT/SUSPENSION (C) HEARING ON APPLICATION (D) CONDITIONS OF REINSTATEMENT (E) SUCCESSIVE PETITIONS (F) DEPOSIT FOR COSTS OF PROCEEDING RULE 13. DUTIES OF THE CLERK WITH RESPECT TO CONVICTIONS OR DISCIPLINE BY OTHER COURTS RULE 14.

ATTORNEYS SPECIALLY ADMITTED RULE 15.

APPOINTMENT OF COUNSEL RULE 16.

SERVICE OF PAPER AND OTHER NOTICES LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA GENERAL RULES INTRODUCTORY STATEMENT Members of the bar and the Court are proud of the long tradition of courteous practice in the Southern District of Florida. Indeed, it is a fundamental tenet of this Court that attorneys in this District be governed at all times by a spirit of cooperation, professionalism, and civility. For example, and without limiting the foregoing, it remains the Court’s expectation that counsel will seek to accommodate their fellow practitioners, including in matters of scheduling, whenever reasonably possible and that counsel will work to eliminate disputes by reasonable agreement to the fullest extent permitted by the bounds of zealous representation and ethical practice.