CLERK’S OFFICE LOCATIONS, HOURS, AND PROCEDURES

FOR AFTER-HOURS FILING IN CASE OF EMERGENCY (a) Locations. The Clerk’s offices, located in Tampa, Jacksonville, and Orlando, are open to the public during times posted on the Court’s website at www.flmb.uscourts.gov/locations/. Access to CM/ECF is generally available 24 hours a day, seven days a week. (b) After-Hours Filings in Cases of Emergency and by Non-Electronic Filing Users.

If CM/ECF is inaccessible, an Electronic Filing User’s system is inoperable, or an emergency requires the paper filing of a document to meet a filing deadline, the Court will permit the after-hours filing of paper documents by facsimile. Non-Electronic Filing Users are also permitted to file paper documents by facsimile after hours to meet filing deadlines. (1) Filing by Facsimile. If filing by facsimile, the first page and the signature page of petitions and other papers must be received by facsimile after 4:00 p.m. Eastern Standard Time and before 12:00 a.m. (midnight) Eastern Standard Time.

Only the first page and the signature page of the document should be transmitted to the Court by facsimile. (2) Where to Fax Documents. The pages must be transmitted to the Division assigned to handle the case. The facsimile telephone numbers can be found through the Court’s website located at After Hours Filing Procedure | U.S. Bankruptcy Court Middle District of Florida (uscourts.gov).

(3) Untimely Filed Documents Discarded. Any document received by facsimile between the hours of 12:00 a.m. (midnight) and 4:00 p.m. will be discarded by the Clerk’s Office. (4) Requirement to Timely File Original Document. The original document and any required fee must be received and time stamped by the Office of the Clerk of the Court in the Division in which the case is assigned, or must be filed electronically using CM/ECF, no later than 12:00 p.m. (noon) Eastern Standard Time on the Court’s next business day.

(5) Date and Time Filed. Documents filed in accordance with the above procedures will be deemed filed on the date and at the time printed on the document by the facsimile machine in the Office of the Clerk of Court in the Division in which the document is filed. Upon the timely receipt of the original document and any required filing fee, the Court will stamp the original document (or in the case of an electronically filed document, make an appropriate docket entry) with the following notation: This document is deemed filed on _________ pursuant to Local Rule 5001-2 governing after-hours filing. Untimely Documents of No Force or Effect.

If the original document is not timely received, the Clerk will note that fact and the facsimile will have no force or effect. (6) (7) Case Number Assignment. The Clerk’s Office will not assign a case number to a bankruptcy petition or an adversary number to an adversary complaint until the original document is filed with the Court. The Clerk shall not acknowledge the filing of the document to any creditor or other party until the original is filed. _______________________ Notes of Advisory Committee 2012 This rule incorporates abrogated Local Rule 5001-1 Unavailability of Electronic Filing System (“CM/ECF”) and archived Administrative Order FLMB-2003-2 “Order Prescribing Administrative Procedures for After-Hours Filing in the Bankruptcy Court, Middle District of Florida.” This new rule is effective March 15, 2012.

Rule 5003-3 COURT PAPERS - REMOVAL OF (a) Paper Files May Be Reviewed in the Clerk’s Office. Any person may review in the Clerk’s office Court files maintained in paper form or other papers or records in the possession of the Clerk. (b) Clerk’s Permission Required to Remove Files. Paper files may be removed from the Clerk’s office only in emergency situations or as needed in connection with a related criminal or civil court proceeding upon written permission by the Clerk that shall specify the time within which files shall be returned.

(c) Court Permission Required to Make Entry or Corrections to Paper Files. No person shall insert or delete, tamper or deface, make any entry or correction by interlineation or otherwise, in, from or upon any file or other record of the Court unless expressly permitted or ordered to do so by the Court. No person other than the Clerk or authorized deputies or an official copy service shall unfasten any paper in any Court file. _______________________ Notes of Advisory Committee 2015 Amendment The revisions to this rule are primarily stylistic. This amendment to the rule is effective July 1, 2015.

2004 Amendment This rule was formerly Local Rule 5003-2. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 1.10. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendment to Local Rule 1.10(b) makes this rule consistent with actual practice. These amendments to the rule were effective on February 15, 1995.

Rule 5005-1 FILING PAPERS - REQUIREMENTS (a) Attorneys Required to File via CM/ECF. Attorneys shall file papers with the Court via CM/ECF as set forth in Local Rule 1001-2. (b) Pro Se Debtors Shall File in Paper Form. Debtors not represented by attorneys shall file petitions commencing cases under the Bankruptcy Code and all other papers in paper form.

(c) Petitions Received by Mail. Petitions received by the Clerk’s Office via the United States Mail shall be stamped “Filed via Mail” and shall be deemed filed as of 10:00 a.m. Eastern Standard or Eastern Daylight Savings Time on the day received. (d) Requirements for Paper Filings. Papers tendered for filing shall be typewritten, or if produced by computer-generated software, be printed by letter-quality printers.

Papers shall be singled-sided, void of tabs, and shall be on white paper approximately 8 1/2 inches wide by 11 inches long, with one-inch margins. The Clerk shall convert any filed paper document to an electronic format by an electronic scanning process. The Clerk shall retain all scanned paper documents for 60 days for quality control purposes and shall destroy or discard such documents after the expiration of such time period. _______________________ Notes of Advisory Committee 2015 Amendment This amendment is stylistic and conforms the rule to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. This amendment incorporates portions of text previously included in Local Rules 5005-2 and 5005-3.

This amendment to the rule is effective July 1, 2015. 2004 Amendment This addition is authorized by Rules 5005 and 7005 of the Federal Rules of Bankruptcy Procedure, and is occasioned by the implementation in the Middle District of Florida of the case management/electronic case filing system of the United States Courts. Rule 5005-4 SEALED PAPERS (a) Rule Does Not Apply to In Camera Inspections. The provisions of this rule do not apply to in camera inspections ordered by the Court.

Papers (whether in paper or electronic format) that the Court has agreed to inspect in camera must not be filed on the case docket but must be delivered to the assigned judge’s chambers. (b) Motion to File Paper Under Seal by Unrepresented Individual. An unrepresented individual who wishes to file a paper under seal (i.e., with viewing access restricted) and who is not a CM/ECF User (the “Moving Party”) must comply with the following procedures for filing a paper under seal. Other than as stated in this section, the other provisions of this rule apply.

(1) Separate Motion Required. Unless the paper to be sealed is of the type described in section (d), the Moving Party must first file a motion that prominently states on its first page that the individual wishes to file a paper under seal and that includes contact information, such as a telephone number and an email address. The paper to be filed under seal must not be attached to or submitted with the motion. The Moving Party will be informed by the Court of its ruling on the motion.

(2) Filing of Paper Under Seal. If the Moving Party is informed by the Court than it has entered an order granting the Moving Party’s motion to file a paper under seal or if the sealed paper is of the type described in section (d), the Moving Party must deliver to the Clerk’s Office a sealed envelope containing the sealed paper for delivery to the assigned judge’s chambers. The outside of the envelope must state the case name and number and prominently state “Sealed Paper.” The judge’s staff will then arrange for the sealed paper to be docketed with the appropriate viewing restrictions. (c) Motion to File Paper Under Seal by Represented Parties.

(1) Motion Required. A party who seeks to file a paper under seal must file a motion via CM/ECF using the “Motion to File Paper Under Seal” docket event. The moving party must submit a proposed order using the order submission procedures posted on the Court’s website, www.flmb.uscourts.gov. The motion must state the factual and legal basis for sealing the paper under 11 U.S.C. § 107.

The paper to be filed under seal must not be attached to or submitted with the motion to file paper under seal. During the docketing process, the moving party must select whether the docket entry and image of the motion to file paper under seal will have unrestricted viewing access (i.e., accessible to anyone with a CM/ECF or PACER login) or whether viewing access will be restricted to the filer, the judge assigned to the case, such staff members (e.g., law clerk, judicial assistant) as the judge may designate, internal Clerk’s Office staff, the U.S. Trustee, the trustee assigned to the case, and any auditor serving under 28 U.S.C. § 586(f). If access is restricted to the motion to file paper under seal, access will also be limited to the resulting order on the motion. (2) Order Required.

Except as set forth in section (d), an order granting a motion to file paper under seal must be entered before the sealed paper is filed. Upon entry of an order granting motion to file paper under seal, the Court will notify the moving party, who may then file the sealed paper. (3) Request for In Camera Inspection of Sealed Paper. A party seeking to file a paper under seal and requesting in camera review before the motion is decided, must prominently state on its first page that the party wishes to file a paper under seal and requests in camera review.

The motion must state the reasons as to why in camera review is appropriate and the factual and legal basis for sealing the paper under 11 U.S.C. § 107. The paper to be filed under seal must not be attached to or submitted with the motion. During the docketing process, the moving party must select restricted viewing access of the docket entry and motion. If the Court agrees to conduct an in camera inspection, the moving party must deliver the paper to the assigned judge’s chambers.

After an in camera review, if the motion is denied, the moving party will be given the opportunity to withdraw the motion. If the moving party withdraws the motion, the paper will be destroyed or returned to the moving party, and no disclosure to third parties will be made. (d) Papers That May Be Filed Under Seal Without Prior Court Approval. The following types of papers do not require the entry of an order granting a motion to file paper under seal prior to the paper’s being filed under seal: (1) motions for writ of garnishment, writ of attachment, or writ of execution; (2) adversary complaints seeking emergency injunctive relief; (3) trustees’ motions to inspect or enter upon property without notice; (4) motions for temporary restraining orders that are requested to be entered without notice; and (5) papers relating to an individual’s personal health information.

(e) Filing of Sealed Paper. Unless directed otherwise by the Court, a paper permitted to be filed under seal must be filed via CM/ECF using the “Sealed Paper” docket event. The Clerk’s Office will notify the staff of the judge assigned to the case when the sealed paper has been filed. Unless otherwise ordered by the Court, the docket entry and the image of the sealed paper will be viewable only by the moving party, the assigned judge and such staff members (e.g., law clerk, judicial assistant) as the judge may designate, the U.S. Trustee, the trustee assigned to the case, and any auditor serving under 28 U.S.C. § 586(f).

(f) Sealed Orders. If the sealed paper is a motion or application that seeks the entry of a sealed Court order, the proposed order may be submitted using the order submission procedures posted on the Court’s website, www.flmb.uscourts.gov. The Court will notify the moving party of the entry of the sealed order. Unless otherwise ordered by the Court, the docket entry and image of the order will be viewable only by the moving party, the assigned judge and such staff members (e.g., law clerk, judicial assistant) as the judge may designate, the U.S. Trustee, and the trustee assigned to the case, and any auditor serving under 28 U.S.C. § 586(f).

(g) Access to Sealed Papers and Orders Will Be Determined on a Case-by-Case Basis. Notwithstanding the foregoing, the Court will consider, on a case-by-case basis, the papers filed under seal and determine who may have access to the sealed paper and related orders and if and when restrictions on access should be terminated. ________________________ Notes of Advisory Committee 2023 Amendment This amendment adds new section (c)(3) outlining the procedure for requesting in camera review before a motion to file under seal is decided by the Court. Other changes are stylistic. This amendment to the rule is effective August 1, 2023.

2019 Amendment The amendment to section (b) provides procedures for pro se non-CM/ECF users to file papers under seal. Section (d) is amended to permit papers relating to an individual’s personal health information to be filed under seal without first obtaining an order authorizing the filing under seal. This amendment to the rule is effective July 1, 2019. 2017 Amendment This amendment revises the rule to clarify that it does not apply to documents provided to the Court for its in camera review and which are not filed on the docket.

The rule also specifies the types of papers that may be filed under seal without prior Court approval. This amendment to the rule is effective July 1, 2017. 2016 Amendment This rule is amended to conform to current practice as set forth in the Procedure for Filing Papers under Seal adopted by the Court on June 11, 2015. Access to sealed papers is consistent with 11 U.S.C. § 107(c)(3).

This amendment to the rule is effective July 1, 2016. This new rule sets out that sealed documents must remain in paper form and not made part of CM/ECF. It also instructs the Clerk on maintenance of sealed documents. 2004 Rule 5011-1 WITHDRAWAL OF REFERENCE (a) Contents of Motions for Withdrawal of Reference and Responses.

Every written motion for withdrawal of the reference of a case or proceeding under 28 U.S.C. § 157(b)(5) or (d) and response thereto shall be accompanied by a legal memorandum with citation of supporting authorities. Absent prior permission of the District Court, the form, format, and length of the legal memorandum shall comply with the Local Rules of the District Court. (b) Deadline for Filing Motion for Withdrawal of Reference of Bankruptcy Case. A motion for withdrawal, in whole or in part, of the reference of a bankruptcy case shall be filed with the Clerk no later than 21 days after the date of the notice of the meeting of creditors mandated by 11 U.S.C. § 341 and Fed. R. Bankr. P. 2003(a).

Parties in interest without notice or without actual knowledge of the pendency of the case may move for withdrawal of the reference no later than 21 days after having acquired actual knowledge of the pendency of the case. (c) Deadline for Filing Motion for Withdrawal of Reference of Adversary Proceeding or Contested Matter. A motion for withdrawal of the reference of an adversary proceeding or contested matter arising in, under, or related to a case that is a subject of the Order of General Reference must be filed with the Clerk no later than 30 days after service of the initial pleading or such other time period as ordered by the Court. The United States or an officer or agency thereof shall move for withdrawal of the reference no later than 35 days after service of the initial pleading or such other time period as ordered by the Court.

(d) Service of Motion for Withdrawal of Reference. A motion for withdrawal of the reference of an adversary proceeding or contested matter shall be served on counsel of record for all parties to the proceeding or contested matter or, if a party has no counsel, on the party, and on counsel of record for the debtor, the debtor, and the United States Trustee. (e) Deadline for Filing Response Motion for Withdrawal of Reference. The opposing parties shall have 14 days after the entry of the motion on the docket to file a response and legal memorandum.

(f) Transmission to the District Court. After expiration of the time allowed for a response, the Clerk shall transmit the motion and legal memorandum, response and legal memorandum, if any, and such other papers filed with the Court as the parties request to the Clerk of the District Court. (g) Bankruptcy Case Retains Jurisdiction Pending the District Court’s Ruling on the Motion. Until and unless the Court or the District Court orders otherwise, the Court shall continue to hear the case or proceeding while the motion for withdrawal of the reference is under consideration in the District Court. _______________________ Notes of Advisory Committee 2022 Amendment This amendment revises section (a) to provide that the form, format, and length of any legal memoranda should comply with the Local Rules of the District Court.

Section (c) is revised to provide that motions for withdrawal of the reference must be filed no later than 30 days after service of the initial pleading or such other time period as ordered by the Court; the United States or an officer or agency thereof shall move for withdrawal of the reference no later than 35 days after service of the initial pleading or such other time period as ordered by the Court. This amendment to the rule is effective July 1, 2022. 2015 Amendment The revisions to this rule are primarily stylistic. This amendment to the rule is effective July 1, 2015.

2004 Amendment This amendment corrects the Bankruptcy Rules citation to that of the currently used citation. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 1.05. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendment to Local Rule 1.05 to delete the term “brief” when used in conjunction with “legal memorandum” as redundant is stylistic as is the addition of term “contested matter” where the term “proceeding” is used. No substantive change is intended.

Local Rule 1.05 (b)(2) has been amended to specify that a motion for withdrawal of a proceeding or contested matter must be filed with the Clerk no later than thirty (30) days, or thirty-five (35) days in the case of the federal government, after the filing of the initial pleading or other paper commencing the proceeding or contested matter. In adversary proceedings, this corresponds to the time an answer or motion is due pursuant to Fed. R. Bankr. P. 7012(a). The amendment makes clear that motions to withdraw the reference of contested matters must be filed within the same period despite the inapplicability of Fed. R. Bankr. P. 7012 to contested matter. Local Rule 1.05 (b)(3) has been amended to specify that a motion for withdrawal of a proceeding or contested matter shall be served on all parties to the proceeding or contested matter or, if a party has no counsel, on the party, in addition to counsel of record for the debtor, the debtor, and the United States Trustee.

These amendments to the rule were effective on February 15, 1995. 1993 Amendment This amendment added a requirement for the filing of briefs or legal memoranda in certain circumstances to harmonize the practice in the Bankruptcy Court with the practice in the District Court and to facilitate the hearing and determination in the District Court of motions for withdrawal of the reference, objections to proposed findings of fact and conclusions of law in non-core proceedings, and other motions, applications, objections, and the like that are filed in the Bankruptcy Court but heard and determined in the District Court. The amendment to the rule was effective August 15, 1993. Rule 5011-2 ABSTENTION (a) General Deadlines.

A motion to abstain from a case, adversary proceeding, or contested matter under 11 U.S.C. § 305 or 28 U.S.C. § 1334(c) shall be filed with the Clerk no later than the time set for filing a motion for withdrawal of the reference pursuant to Local Rule 5011-1. (b) Deadline in Removed Adversary Proceeding. A motion to abstain from hearing a removed adversary shall be timely if filed no later 21 days following the filing of the notice of removal of the proceeding pursuant to 28 U.S.C. § 1452. ________________________ Notes of Advisory Committee 2015 Amendment The revisions to this rule are primarily stylistic. This amendment to the rule is effective July 1, 2015.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 1.06.

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendment to Local Rule 1.06 is stylistic. No substantive change is intended. These amendments to the rule were effective on February 15, 1995.

Rule 5071-1 RESCHEDULING HEARINGS OR TRIALS (a) Court Order Required to Reschedule Hearing or Trial. Hearings or trials will not be rescheduled upon stipulation of counsel alone, but may be allowed by order of the Court for good cause shown. (b) Motions to Reschedule. Motions to reschedule must set forth the date and time of the hearing or trial to be rescheduled, the reason for the request, approximately when the matter is to be rescheduled and the reasons therefor, a statement that the movant has conferred with counsel for opposing parties concerning the request, and the position of other parties concerning the request.

(c) Proposed Orders. Upon filing the motion, counsel must submit a proposed order containing a blank space for a rescheduled hearing date. (d) Hearings on Motions for Relief from Stay. A motion to reschedule a hearing on a motion for relief from the automatic stay will only be granted if the party seeking relief from the automatic stay waives the time limitations set forth in 11 U.S.C. § 362(e).

(e) Hearings Continued Without Written Notice. Hearings may be continued from time to time by announcement made in open Court without further written notice. Electronic Filing Users will receive electronic notification of any docket entry continuing the hearing. (f) Creditors’ Meetings.

All requests to reschedule creditors’ meetings pursuant to 11 U.S.C. § 341 shall be directed to the trustee assigned to the case. ________________________ Notes of Advisory Committee 2024 Amendment The amendment renames the rule (formerly titled: Continuances) and amends it to clarify that it applies to rescheduling hearings and trials, and not just continuances. This amendment to the rule is effective August 15, 2024. 2015 Amendment The revisions to this rule are primarily stylistic. This amendment to the rule is effective July 1, 2015.

2004 Amendment This rule is amended to revise section (c), deleting the requirement to submit copies and self-addressed stamped envelopes since the Court can serve order via BNC. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 2.08(a) through (h). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 5072-1 COURTROOM DECORUM (a) Purpose of Rule. The purpose of this rule is to state, for the guidance of those unfamiliar with the traditions of this Court, certain basic principles concerning courtroom behavior and decorum.

The requirements stated in this rule are minimal, not all-inclusive, and are intended to emphasize and supplement, not supplant or limit, the ethical obligations of counsel under the Rules of Professional Conduct or the time-honored customs of experienced trial counsel. Individual judges of the Court may, in any case, or generally, announce and enforce additional prohibitions or requirements, or may excuse compliance with any one or more of the provisions of this rule. (b) Courtroom Conduct and Decorum. When appearing in this Court, unless excused by the presiding judge, all counsel (including, where the context applies, all persons at counsel table) must: (1) stand as court is opened, recessed, or adjourned; (2) stand when addressing or being addressed by the Court; (3) stand at the lectern while examining any witness; (4) stand at the lectern while making opening statements or closing arguments; (5) address all remarks to the Court, not to opposing counsel.

Counsel must address only the judge when commenting, inquiring, or arguing; (6) avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses; (7) refer to all persons, including witnesses, other counsel, and the parties, by their surnames (and not by their first or given names) or otherwise use case designations (for example, “the plaintiff,” “the defendant,” or “the witness”). Counsel and litigants must call the judge “Judge [Last Name]” or “Your Honor;” (8) request permission before approaching the bench, and hand to the Clerk any documents that counsel wish the Court to examine; (9) hand any paper or exhibit not previously marked for identification (see Local Rule 9070-1) to the Clerk to be marked before it is tendered to a witness for examination, and hand any exhibit to opposing counsel concurrent with the exhibit being offered into evidence; (10) when making objections, state only the legal grounds for the objection and withhold all further comment or argument unless elaboration is requested by the Court; (11) when examining a witness, refrain from repeating or echoing the answer given by the witness; (12) limit examination or cross-examination of a witness to one attorney for each party and ensure the attorney who objects during direct examination of a witness is the same attorney who cross-examines the witness; (13) statement or a closing argument; not express personal knowledge or opinion when making an opening (14) keep all electronic devices on silent mode; (15) instruct all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited; (16) reduce unnecessary cost and delay; conduct themselves with civility and in a spirit of cooperation in order to (17) observe these rules; ensure that clients, witnesses, and parties at counsel table know and (18) be aware that the proceedings of the Court are serious and dignified. All persons appearing in Court, whether remotely or in person, should therefore dress in appropriate business attire consistent with their financial abilities. Attorneys and litigants must not wear clothing intended or likely to influence or distract; (19) if a judge conducts a proceeding by telephone or video, comply with that judge’s procedure on telephonic appearances available on the Court’s website at https://www.flmb.uscourts.gov/judges/; and (20) not eat or drink anything in the courtroom except water. ________________________ Notes of Advisory Committee 2024 Amendment The amendments to the rule more closely align with M.D. Fla.

R. 5.03 and make clear that certain rules of decorum apply whether a person is appearing remotely or in person. Other changes are stylistic. The amendments to the rule are effective August 15, 2024. 2015 Amendment This amendment is primarily stylistic.

New section (b)(13) directs counsel and parties to the Court’s Policies and Procedures on Telephonic Appearances. This amendment to the rule is effective July 1, 2015. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended.

This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 2.22. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 5073-1 PHOTOGRAPHY, RECORDING DEVICES & BROADCASTING; ELECTRONICS IN THE COURTHOUSE Rules 5.01 and 7.02 of the Local Rules of the United States District Court for the Middle District of Florida and General Order 6:13-MC-94-ORL-22 posted on the Court’s website, www.flmb.uscourts.gov, apply to all cases and proceedings in the Court. ________________________ Notes of Advisory Committee 2021 Amendment This amendment revises the rule to reference new Middle District of Florida Local Rules 5.01 (Broadcasting, Recording, and Photographing) and 7.02 (Electronics in Courthouse) (effective on January 1, 2021).

The title of the rule is also amended to conform to the Uniform Numbering System for Local Bankruptcy Court Rules. This amendment to the rule is effective August 1, 2021. 2016 Amendment This amendment brings the rule current with Court practices. This amendment to the rule is effective July 1, 2016.

1998 Amendment The Local Rules of the District Court generally do not apply in the Bankruptcy Court. See Local Rule 1001-1(d). In most instances within the District, the Bankruptcy Court’s facilities are now located in the same federal courthouse in which the District Court’s facilities are located. It is therefore desirable to have the same rules apply in both the District Court and the Bankruptcy Court that govern the photographing, broadcasting, and televising of court proceedings, the use of computers and communication devices in court facilities, and the introduction of such equipment and devices into the building in which court proceedings are conducted.

Accordingly, this amendment simply deletes the Bankruptcy Court’s rule on these subjects and applies in the Bankruptcy Court the provisions of the District Court’s corresponding local rule. This amendment to the rule was effective on October 15, 1998. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended.

This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 1.09. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendment which adds new subparagraph 1.09(c) makes clear that the prohibition of recording and photographic equipment is not intended to prohibit the use of dictation equipment in conjunction with the review of the Clerk’s Office files or the use of computer equipment, subject to Court control, generally.

These amendments to the rule were effective on February 15, 1995. Rule 5077-1 TRANSCRIPTS OF COURT PROCEEDINGS (a) Policy of the Judicial Conference of the United States. The Judicial Conference Policy on Electronic Availability of Transcripts (the “Policy”) applies to all transcripts of court proceedings that are subsequently filed with the Court and made available to the public via electronic access. The Policy restricts the copying of a transcript for 90 days after delivery to the Clerk’s office.

(b) Personal Data Identifiers. For purposes of this rule, Personal Data Identifiers are defined as Social Security numbers, names of minor children, dates of birth, and financial account numbers other than the last four digits of the account number. (c) Transcripts of Court Proceedings May Only Be Filed by Official Court Reporters. Only official court reporters may file transcripts of Court proceedings.

At the time of the initial filing, the transcript shall be docketed in the Court record for that case utilizing a “private” event code which restricts access to the filed transcript to Court staff only. (d) Notice to Parties of Filing of Transcript and Deadline to Give Notice of Intent to Request Redactions. When a transcript is filed with the Court, the Clerk shall serve all parties listed on the transcript as having appeared at the Court proceeding with a “Notice Regarding Filing of Transcript and Deadline for Filing Notice of Intent to Request Redaction of Transcript,” giving parties notice of a seven-day deadline to file a “Notice of Intent to Request Redaction of Transcript” (“Notice of Intent”). A form Notice of Intent may be found in the Procedure Manual on the Court’s website, www.flmb.uscourts.gov.

(e) Review of Transcripts. Parties to the case who are (or represent) persons whose Personal Data Identifiers may appear in the transcript and who wish to review the unredacted transcript may either purchase a copy of the transcript from the official court reporter or view a copy of the transcript at no charge in any of the Clerk’s three divisional offices. (f) Requests for Redaction of Personal Data Identifiers. A party who timely files a Notice of Intent may within 21 days of the date the transcript was docketed, unless otherwise ordered by the Court, file a “Statement of Personal Data Identifier Redaction Request” (“Statement of Redaction Request”) and serve it upon the official court reporter.

The Statement of Redaction Request shall list, by page and line number, the location of the Personal Data Identifiers for which redaction is being requested. Because the Statement of Redaction Request will appear as a public document on the case docket, it should be worded so that it does not contain unredacted Personal Data Identifiers. (g) Motion for Additional Redactions. Any party who filed a Notice of Intent during the seven-day period set forth in section (d) above may also file, within the 21-day period set forth in section (f) above, a “Motion for Additional Redactions” to request redaction of information other than Personal Data Identifiers.

If appropriate, the motion should be filed under seal in accordance with Local Rule 5005-4. A copy of the motion shall be served on the official court reporter. If a “Motion for Additional Redactions” is timely filed, or if the Court has extended the deadline, the transcript shall remain restricted until the Court has ruled upon any such motion and 90 days from the date of filing of the transcript has passed. (h) Procedure for Filing Redacted Transcript.

If a Notice of Intent has been filed and a Statement of Redaction Request is filed within the 21-day deadline set forth in section (f), the official court reporter, within 28 days from the date of the filing of the Statement of Redaction Request, shall file a redacted transcript with an amended certification indicating that the transcript was amended by the redaction of Personal Data Identifiers at the request of the parties. The redacted transcript shall show only the last four digits of Social Security numbers and financial account numbers, the initials of the minor children, and the years of birthdates. (i) Viewing Access Restricted to Unredacted Transcript. If a transcript is redacted in accordance with this rule, the initially filed unredacted transcript shall be maintained by the Clerk as a restricted document, not accessible by parties to the case or the general public.

This unredacted transcript shall, if requested, be made available to an appellate court. (j) Effect of Local Rule. This rule: (1) does not affect in any way the obligation of the official court reporter to file promptly with the Clerk the official court reporter’s original records of a proceeding or the inclusion of a filed transcript with the records of the Court pursuant to 28 U.S.C. § 753; (2) except for a period of 90 days after delivery of the official transcript, does not affect the obligation of the Clerk to make the official transcript included in the Court file available for copying by the public without further compensation to the official court reporter pursuant to Judicial Conference policy; (3) is not intended to create a private right of action; (4) is intended to apply the Judicial Conference policy on privacy and public access to electronic case files to transcripts that are electronically available to the public. It is not intended to change any rules or policies with respect to sealing or redaction of court records for any other purpose; and (5) does not prevent the production of a transcript on an expedited basis for a party, or any other person or entity, that may order such a transcript, subject to whatever Court rules or orders are currently imposed to protect sealed materials.

Any non-party that orders a transcript on an expedited basis should be alerted to the Judicial Conference policy on privacy and public access to electronic case files by the person providing the transcript to the party. _______________________ Notes of Advisory Committee 2021 Amendment This amendment revises the rule to clarify that the Court’s “official” court reporters file transcripts in CM/ECF. This amendment to the rule is effective August 1, 2021. 2019 This new rule incorporates archived Administrative Order FLMB-2009-7 “Amended Order Setting Forth Policy on Electronic Availability of Transcripts of Court Proceedings.” This new rule is effective July 1, 2019.

PART VI.

COLLECTION AND LIQUIDATION OF THE ESTATE