DEFINITIONS

The definitions of words and phrases contained in 11 U.S.C. §§ 101, 902, 1101, and 1182, and Fed. R. Bankr. P. 9001, and the rules of construction contained in 11 U.S.C. § 102 shall also apply in these rules. The following words and phrases used in these rules have the meaning indicated: (a) “CM/ECF” means the Court’s online case management and electronic filing system. (b) “Electronic Filing User” means an attorney or other entity given a Court-issued login and password, who is thereby given authority to file papers through CM/ECF. As set forth in Local Rule 1001-2(d), Electronic Filing Users are deemed to have consented to electronic service via CM/ECF.

(c) “Electronic Transmission” or “Email” means delivery through electronic communication of papers to be filed with the Court or to be served on creditors or other parties in interest. (d) “File” or “Filed” means the legal receipt of documents by the Court; by paper, acknowledged by date stamp affixed to the paper by the Clerk or Judge; or by electronic transmission, acknowledged by the date verified by CM/ECF. (e) “Electronic Means” or “Electronic Methods” means a non-paper system of delivering documents to and from the Court and to and from attorneys and other parties, the original form of which may also be electronic. Such systems include the use of facsimile machines, Internet email systems, and CM/ECF.

(f) “Notice of Electronic Filing” means an electronic document produced by CM/ECF that certifies each filing with the Court. ___________________________ Notes of Advisory Committee 2015 Amendment This amendment is primarily stylistic. In addition, section (a) defines “CM/ECF.” 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. Further, this amendment adds definitions for new words and phrases created in these local rules specifically because of the newly implemented electronic filing system, CM/ECF.

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 1.01(e).

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 9004-1 PAPERS - CAPTION, DEMAND FOR JURY TRIAL, INJUNCTIVE RELIEF (a) Caption. The first page of all petitions, pleadings, motions, and other papers filed with the Court shall contain a caption as in the Official Forms and in addition shall state in the title the name and designation of the party (e.g., Debtor, Creditor [name], Plaintiff, Defendant, or the like) on whose behalf the paper is submitted, and a title descriptive of the paper’s contents. (b) Demand for Jury Trial.

If demand for jury trial is contained within a pleading, the title of the pleading shall include the words “Demand for Jury Trial” or the equivalent. (c) Injunctive Relief. If a pleading or other paper filed with the Court contains a request for injunctive relief pursuant to Fed. R. Bankr. P. 7065, the title of the pleading or paper shall include the words “Injunctive Relief Sought” or the equivalent. ____________________________ Notes of Advisory Committee 2019 Amendment This amendment revises the rule to move former sections (b) (“Motions”) and (e) (“Emergency Hearings”) to new Local Rule 9013-1. This amendment to the rule is effective July 1, 2019.

2017 Amendment This amendment renumbers the rule from 9004-2 and revises the title to better reflect the contents of the rule. Other revisions are stylistic. This amendment to the rule is effective July 1, 2017. 2015 Amendment This amendment is primarily stylistic.

Section (b) clarifies that motions filed with the Court shall request only one form of relief unless the request seeks alternative forms of relief under the same provision of the Bankruptcy Code or Federal Rules of Bankruptcy Procedure. 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. Paragraph (a) of this rule formerly was Local Rule 2.02(b). Paragraphs (b) through (f) of this rule formerly were paragraphs (a) through (e) of Local Rule 2.03.

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment Local Rule 2.03(c) has been amended to make clear that the Certificate of Necessity of Request for Emergency Hearing which must be filed in connection with an emergency motion must set forth sufficient facts to justify the need for an emergency hearing. These amendments to the rule were effective on February 15, 1995. Rule 9004-3 PAPERS - AMENDMENTS (a) Amended Papers Shall Be Fully Integrated.

Except for amendments to schedules, petitions, lists, matrices, and statements of financial affairs subject to the provisions of Local Rule 1009-1, unless otherwise directed by the Court, any party permitted to amend a pleading, motion, or other paper filed with the Court shall file the amended paper as a fully integrated paper with the amendments incorporated therein. (b) Reference to Docket Number of Original Paper. The first page of the amended paper shall also include a reference to the CM/ECF docket number of the original paper. (c) Minor Amendments.

If the reason for the amendment is to correct a minor error in the original paper (e.g., typographical errors or errors in citations or legal descriptions), the first page of the amended paper shall include a footnote that states the reason for the amendment. ________________________ 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 2.07. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 9011-2 REPRESENTED PARTIES; PRO SE PARTIES (a) Represented Parties.

Any party for whom a general appearance of counsel has been made shall not thereafter take any step or be heard in the case in proper person, that is on his or her own behalf, absent prior leave of Court. (b) Pro Se Parties. A party who has elected to proceed in proper person, that is to represent himself or herself without an attorney, shall not be permitted to obtain special or intermittent appearances of counsel except upon such conditions as the Court may specify. __________________________ 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 1.08(c).

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 9013-1 MOTION PRACTICE; REQUEST FOR EMERGENCY HEARING; REQUEST FOR INJUNCTIVE RELIEF (a) Motions. A motion filed with the Court must request only one form of relief unless the request seeks alternative forms of relief under the same provision of the Bankruptcy Code or Federal Rules of Bankruptcy Procedure (e.g., motion to dismiss or convert; motion for relief from stay, or in the alternative, adequate protection; motion to enforce automatic stay and for sanctions). (b) Motions May Be Considered by the Court Without a Hearing.

As contemplated in 11 U.S.C. § 102(1), the Court may consider certain types of motions without a hearing. Under Local Rule 2002-4, the Court has published a list of the types of motions that may be served using negative notice procedures (the “Negative Notice List”). The Court has also published a list of the types of motions (generally administrative in nature) that may be considered without a hearing (the “Accompanying Orders List”). The Accompanying Orders List indicates whether the Court will prepare an order on the motion or whether the order is to be submitted by the moving party.

However, the Court, in its discretion, may choose to set a motion for hearing even if it is included on the Negative Notice List or the Accompanying Orders List. The Negative Notice List and the Accompanying Orders List are posted on The Source page of the Court’s website, www.flmb.uscourts.gov. (c) Written Opposition to Motions. (1) Motions Served Using Negative Notice Procedures.

If a motion is served using the negative notice procedures of Local Rule 2002-4, a party opposing the relief requested must file written opposition within the notice period set forth in the motion plus three days for mailing. (2) Motions Set for Hearing. If a motion is set for hearing, a party opposing the relief requested in the motion should file written opposition no later than seven days prior to the date of the hearing. If the hearing is set on less than 21 days’ notice, written opposition should be filed no later than 48 hours prior to the hearing.

However, in all cases, the Court in its discretion may consider an oral objection to the requested relief in the absence of a filed written objection. (d) Requests for Emergency Hearing. If a motion requests an emergency hearing, the words “Emergency Hearing Requested” or the equivalent must be included in the title or the first page of the motion. The Court will conduct an emergency hearing only if-absent the relief requested in the motion-direct, immediate, and substantial harm will occur to the interest of an entity in property, to the bankruptcy estate, or to the debtor’s ability to reorganize.

The Court will not act upon an emergency motion or set it for an emergency hearing unless (1) the moving party, using the CM/ECF docketing event “Certificate of Necessity,” files a Certification of Necessity of Request for Emergency Hearing in the form available on the Court’s website, www.flmb.uscourts.gov, that asserts sufficient facts to justify the need for an emergency hearing; and (2) alerts the Clerk’s Office that the moving party has filed an emergency motion via the docket event “Emergency Matters Submission Notification.” (e) Request for Expedited Consideration. If a motion requests expedited consideration, the title of the motion must include the words “Request for Expedited Consideration” or the equivalent. (f) Injunctive Relief. If a motion contains a request for injunctive relief pursuant to Fed. R. Bankr. P. 7065, the title of the motion must include the words “Injunctive Relief Sought” or the equivalent. ________________________ Notes of Advisory Committee 2023 Amendment This amendment revises the language in section (d) to conform with the Court’s current procedures.

It also amends section (e) to require that a motion requesting expedited consideration contain the request in the title of the motion. Other changes are stylistic. This amendment to the rule is effective August 1, 2023. 2019 This new rule replaces former Local Rule 9013-1 Proof of Service, which has been renumbered as Local Rule 9013-3.

Sections (a) and (d) of this new rule were previously included in Local Rule 9004-1. Section (b) refers parties to the Negative Notice List and the Accompanying Orders List which specify the types of matters that may be considered by the Court without a hearing. Section (c) sets forth deadlines for filing written opposition to motions. This new rule is effective July 1, 2019.

Rule 9013-3 PROOF OF SERVICE IN BANKRUPTCY CASES AND ADVERSARY PROCEEDINGS (a) Applicability. This rule applies to proofs of service required by the Federal Rules of Bankruptcy Procedure, Local Rule, or Court order other than proof of initial service of a summons and complaint pursuant to Fed. R. Bankr. P. 7004 or of a contested matter under Fed. R. Bankr. P. 9014. (b) Service in Adversary Proceedings. In adversary proceedings in which all parties are represented by counsel, service of papers and Court orders is effectuated upon the parties by CM/ECF; counsel are not required to file a separate proof of service reflecting such service.

(c) Proof of Service by an Attorney. If service is made by an attorney appearing in the case or proceeding pursuant to the provisions of Local Rule 2090-1, except as provided in subsection (b), the attorney must file a proof of service stating the date and manner of service and the name and address of the person served, certified by the signature of the attorney who made the service. (d) Proof of Service by a Non-Attorney. If service is made by a person other than an attorney appearing in the case or proceeding pursuant to the provisions of Local Rule 2090-1, the non-attorney must file a statement under penalty of perjury stating the date and manner of service and the name and address of the person served, signed and sworn to by the non-attorney who made the service and including the non-attorney’s name, address, and relation to the party on whose behalf the service is made.

(e) Service on Mailing Matrix. Where a reference is made to service on a group such as “to all creditors on the matrix,” the proof of service must attach a copy of the mailing matrix obtained from CM/ECF at the time of service. (f) Reference to Paper Served. The proof of service must refer to the pleading or other paper being served.

(g) Proof of Service Must Be Promptly Filed. Proof of service, whether affixed to the paper served or separately filed, must be filed within a reasonable time after service. (h) Prima Facie Evidence of Service. Proof of service made in accordance with the provisions of this rule will be taken as prima facie proof of service. ________________________ Notes of Advisory Committee 2025 Amendment This amendment revises section (b) and the title to remove reference to contested matters.

Other changes are stylistic or to remove outdated references. This amendment to the rule is effective August 15, 2025. 2021 Amendment This amendment revises section (e) to correct a grammatical error; no other substantive change is being made. This amendment to the rule is effective August 1, 2021.

2019 Amendment This amendment renumbers the rule from 9013-1 and revises section (g) to clarify that proofs of service shall be filed within a reasonable time. This amendment to the rule is effective July 1, 2019. This new rule substantially replaces former Local Rules 7005-1 and 9014-1 which are abrogated. This new rule is effective July 1, 2015.

2015 Rule 9015-1 JURY TRIAL (a) Voir Dire. The method of voir dire examination and exercise of challenges in selection of the jury shall be as specified by the Court. A list of the venire will be furnished to counsel only at the time the case is called for trial, and prior to commencement of voir dire examination (unless otherwise required by governing rule or statute), and must be returned to the Clerk when the jury is empaneled. No person shall copy from or reproduce, in whole or in part, a list of the venire.

(b) Instructions to the Jury. All requests for instructions to the jury shall be submitted in writing within the time specified by the Court. Such requests, and supplemental requests, if any, shall be marked with the name and number of the case, shall designate the party submitting the request, shall be numbered in sequence, and shall contain citation of supporting authorities, if any. (c) Juror Interviews.

No attorney or party shall undertake, directly or indirectly, to interview any juror after trial in any civil case except as permitted by this rule. If a party believes that grounds for legal challenge to a verdict exist, the party may move for an order permitting an interview of a juror or jurors to determine whether the verdict is subject to the challenge. The motion shall be served within 14 days after rendition of the verdict unless good cause is shown for the failure to make the motion within that time. The motion shall state the name and address of each juror to be interviewed and the grounds for the challenge that the moving party believes may exist.

The presiding judge may conduct such hearings, if any, as necessary, and shall enter an order denying the motion or permitting the interview. If the interview is permitted, the Court may prescribe the place, manner, conditions, and scope of the interview. ________________________ Notes of Advisory Committee 2015 Amendment The revisions to this rule are primarily stylistic. This amendment to the rule is effective July 1, 2015. 1998 Amendment On December 1, 1997, amendments to the Federal Rules of Bankruptcy Procedure added new Rule 9015, entitled “Jury Trials.” This new rule was made necessary by the addition of 28 U.S.C. § 157(e) contained in the Bankruptcy Reform Act of 1994, Pub.

L. 103-394.

The Court had adopted paragraphs (a) through (e) of Local Rule 9015-1 because their subject matter was not covered in the Federal Rules of Bankruptcy Procedure. These paragraphs of the local rule are now abrogated as duplicative of the national rule. The remaining parts of the local rule, paragraphs (f) through (h), are derived from the comparable District Court Local Rule 5.01. These paragraphs are redesignated paragraphs (a) through (c), respectively.

The District Court has specifically designated all of the bankruptcy judges of the Court to conduct jury trials pursuant to 28 U.S.C. § 157(e). See District Court Order No. 94-127-MISC-J- 16, entered on December 1, 1994. Although Fed. R. Bankr. P. 9015(b) contemplates that the Court by local rule might establish a time by which the parties must consent to a jury trial conducted by a bankruptcy judge, this amendment does not attempt to establish such a time. Instead, the Committee is of the view that the parties and the Court should have the flexibility to allow consent to be given at any time.

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 2.18. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 9016-1 SUBPOENAS BEFORE TRIAL Absent Court order to the contrary, subpoenas before trial shall be filed with the Court and, as required by Fed. R. Civ. P. 45(a)(4), incorporated by Fed. R. Bankr. P. 9016, served on each party to the adversary proceeding or contested matter prior to being served on the person to whom the subpoena is directed. ___________________________ Notes of the Advisory Committee 2015 This new rule requires subpoenas before trial to be filed with the Court in addition to being served on each party to the adversary proceeding or contested matter. This new rule is effective July 1, 2015.

Rule 9019-1 SETTLEMENTS (a) Court to Be Advised of Settlement of Pending Matters. When the parties to a pending adversary proceeding or contested matter reach a settlement that will resolve all issues in the pending matter, counsel for the plaintiff or movant shall immediately notify the Clerk’s office or chambers personnel that the matter has been settled. The Court in its discretion may cancel any scheduled hearing in the adversary proceeding or contested matter or may require counsel to appear at the time set for the hearing to announce the terms of the settlement on the record. The parties shall promptly file papers to conclude the matter.

(b) Dismissal of Adversary Proceedings Upon Settlement. When notified that an adversary proceeding has been settled, the Court may order that the proceeding be dismissed subject to the right of any party to file a motion within 14 days thereafter (or within such other period of time as the Court may specify) for the purpose of entering a stipulated form of final order or judgment; or, on good cause shown, to reopen the adversary proceeding for further action. ________________________ 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 2.08(i) and (j). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

1995 Amendment Local Rule 2.08(g) has been moved and renumbered 2.08(i). No substantive change is intended. Local Rule 2.08(j) is new. It provides that, upon notification that an adversary proceeding has been settled, the proceeding may be administratively closed.

For purposes of entering a stipulated form of final order or judgment or in the event that the parties are unable to satisfactorily conclude documentation of the settlement, the Court may reopen the proceeding. The amendment is substantially similar to District Court Local Rule 3.08(b). These amendments to the rule were effective on February 15, 1995. Rule 9019-2 MEDIATION (a) Application.

Unless otherwise ordered by the Court, this rule applies in all mediations of an issue before the Court. In the event of a conflict between a Court order and this rule, the order will control. (b) Definition. Mediation is an opportunity for the parties to negotiate their own settlement consistent with the mediation policy of self-determination.

Mediation is a confidential process that includes a supervised settlement conference presided over by an impartial, neutral mediator to promote conciliation, compromise, and the ultimate settlement of a civil action. The mediator’s role in the settlement is to suggest alternatives, analyze issues, question perceptions, conduct private caucuses, stimulate negotiations between opposing sides, and keep order. The mediation process does not allow for testimony of witnesses. The mediator should not opine or rule upon questions of fact or law or render any final decision in the case.

(c) Purpose. Mediation is intended as an alternative method to resolve civil cases, saving time and money for litigants without sacrificing the quality of justice to be rendered or the right of the litigants to a full trial in the event of an impasse following mediation. Mediation enables litigants to resolve their disputes incorporating terms of their choosing. (d) Qualifications; Conflicts.

(1) Selection of Mediator. The parties may select any person to serve as mediator. If the parties cannot agree on a mediator, one will be selected by the Court. Parties are encouraged to choose a mediator who has sufficient knowledge and experience in mediation and in bankruptcy law.

(2) Conflicts of Interest. The mediator must disclose all actual or potential conflicts of interest involving the parties participating in the mediation process. The parties may waive a mediator’s actual or potential conflict of interest, provided that the mediator concludes in good faith that the mediator’s impartiality will not be compromised. The unique nature of bankruptcy cases favors the parties’ ability to waive conflicts and supersedes the concept of non- waivable conflicts.

(e) Standards of Professional Conduct for Mediators. All mediators in cases pending in this District, whether or not certified under the rules adopted by the Supreme Court of Florida, will be governed by standards of professional conduct and ethical rules adopted by the Supreme Court of Florida for circuit court mediators. (f) Disqualification of a Mediator. After reasonable notice and hearing, and for good cause, the presiding judge has discretion and authority to disqualify any mediator from serving as mediator in a particular case.

Good cause may include any violation of the standards of professional conduct for mediators. (g) Mediation Process. (1) Duties of the Mediator. At the conclusion of mediation, the mediator will report to the Court (A) the identity of the parties who participated in the mediation process; and (B) whether the mediation resulted in an agreement in whole or in part, was adjourned for further mediation, or whether the parties are at an impasse.

(2) Duties of Counsel. Counsel must be familiar with the duties imposed on them as well as their respective clients consistent with this rule. Counsel who fails to attend the mediation and actively participate in the mediation process may be subject to appropriate sanctions. (3) Participation of Parties at Mediation.

Unless excused in writing by the Court, all parties to the mediation must participate in the mediation with authority to negotiate the amount and the issues in dispute. If a party proxy will participate in lieu of a party, notice must be provided in advance to all other counsel and the mediator. If anyone objects to the proxy, then such matter should be brought to the Court’s attention in advance of the mediation. (4) Failure to Attend.

The mediator will report non-attendance by any party. (5) Settlement. A settlement agreement reached in whole or in part with any of the parties must be reduced to writing and signed by the parties and their attorneys. (h) Compensation of Mediators.

Unless otherwise indicated in an order appointing a mediator, an order directing parties to mediate, or other similar Court order, the mediator will be compensated for fees and expenses as established and agreed to by the parties to the mediation. Absent agreement of the parties or Court order to the contrary, the cost of the mediator’s services will be paid equally by the parties to mediation within 30 days of invoicing, and payment thereafter will be enforceable by the Court. If one or more parties to the mediation is a case trustee or debtor-in-possession, payment of the mediator’s charges attributable to that party will be an expense of the bankruptcy estate and are authorized without the necessity of further Court order. (i) No Stay.

Absent an order to the contrary or agreement of the parties, discovery and preparation for a trial or contested matter is not abated merely by the pendency of a mediation. (j) Confidentiality. (1) Definitions. “Mediation Communication” means an oral or written statement, or nonverbal conduct intended to make an assertion, by or to a participant in a mediation made during the course of the mediation, or prior to a mediation if made in furtherance of a mediation; “Mediation Participant” means a mediation party or a person who attends a mediation in person or by telephone, videoconference, or other electronic means; “Mediation Party” means a person participating in a mediation directly or through a designated representative, and who is a named party, a real party in interest, or who would be a named party or real party in interest if an action relating to the subject matter of the mediation were brought in a court of law; and “Subsequent Proceeding” means an adjudicative process that follows a mediation, including related discovery.

(2) Confidential Mediation Communications. Except as provided in this section (j), all Mediation Communications are confidential, and the mediator and the Mediation Participants must not disclose outside of the mediation any Mediation Communication, and no person may introduce in any Subsequent Proceeding evidence pertaining to any aspect of the mediation effort. However, information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery merely because of its disclosure or use in mediation. (3) Evidence Rules and Laws.

Without limiting subsection (2), Rule 408 of the Federal Rules of Evidence and any applicable federal or state statute, rule, common law, or judicial precedent relating to the privileged nature of settlement discussions or mediations apply. (4) Settlement Agreements. Notwithstanding subsections (2) and (3), no confidentiality attaches to a signed, written agreement reached during or as a result of a mediation, unless the Mediation Parties agree otherwise, or to any communication for which the confidentiality or privilege against disclosure has been waived by all Mediation Parties. (5) Preservation of Privileges.

The disclosure by a Mediation Participant or Mediation Party of privileged information to the mediator or to another Mediation Participant or Mediation Party does not waive or otherwise adversely affect the privileged nature of the information. (6) Disclosures by Mediator. The mediator cannot be compelled to disclose to the Court or to any person or other tribunal outside the mediation conference any Mediation Communications, nor can the mediator be required to testify in regard to the mediation in connection with any Subsequent Proceeding or be a party to any Subsequent Proceeding. (7) Disclosure of Communications.

A Mediation Participant who makes a representation about a Mediation Communication in any Subsequent Proceedings waives that privilege, but only to the extent necessary for another Mediation Participant to respond to that particular disclosure. (k) Mediators as Counsel in Other Cases. Any member of the bar who is selected as a mediator under this rule will not, for that reason alone, be disqualified from appearing and acting as counsel in another unrelated case pending in this District. (l) Referral to Mediation.

Any pending case, proceeding, or contested matter may be referred to mediation by the Court at such time as the Court may determine to be in the interests of justice. The parties may request the Court to submit any pending case, proceeding, or contested matter to mediation at any time. (m) Mortgage Modification Mediations and Other Specialty Mediations. When deemed necessary, the Court may establish procedures, policies, and necessary orders to deal with the mediation of emerging bankruptcy trends, such as residential mortgage modifications. ________________________ Notes of Advisory Committee 2024 Amendment The amendments to the rule are intended to clarify changes to the mediation rules regarding declaring impasse and execution of agreements.

The amendments to the rule are effective August 15, 2024. 2023 Amendment This amendment updates the rule to specify the duties of the mediator, counsel and parties to mediation. The amendment also establishes a deadline and terms for payment of the mediator and clarifies that litigation is not stayed while mediation is pending. This amendment to the rule is effective August 1, 2023.

2013 Amendment The amendments to this rule significantly modify the rule as originally promulgated in 1989 and amended in 1995 and 1997. The amendments reflect the development of the mediation process in the Middle District of Florida. Section (c)(2): The parties’ ability to waive a mediator’s actual or potential conflict of interest in bankruptcy cases differs from the Rules for Certified and Court Appointed Mediators adopted by the Florida Supreme Court, Rules 10.100 et seq., and the opinions of the Mediator Ethics Advisory Committee. Section (g): The confidentiality provisions of section (g) are adapted in significant part from Florida’s Mediation Confidentiality and Privilege Act, Sections 44.401-44.405, Florida Statutes.

Although the civil remedies provisions contained in Section 44.406 are not incorporated in this rule, parties are reminded that violations of this rule may be sanctionable under Local Rule 9011-3. By way of example, permissible disclosures in a subsequent proceeding would include statements made at a mediation to the extent necessary to support or oppose a reformation or declaratory relief action concerning an ambiguity in a settlement agreement. Additionally, a confidential settlement agreement is subject to disclosure if required by a subpoena or order of a court of competent jurisdiction. This amendment to the rule is effective July 1, 2013.

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 2.23.

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 2.23(b) makes clear that if the parties stipulate to a particular person on the register of mediators, the Court may appoint that person as mediator. The amendment to Local Rule 2.23(d)(1) makes clear that the parties may agree to a shorter notice period for the mediation conference. Paragraph (k) is new.

It clarifies that the Court and the parties retain the flexibility to order or conduct mediation in ways other than that described in this rule. If the Court orders mediation other than pursuant to the methods and procedures contained in this rule, the confidentiality and compliance provisions of the rule will nevertheless apply to that mediation. These amendments to the rule were effective on February 15, 1995. Rule 9027-1 REMOVAL/REMAND (a) State Court Record to Be Filed with Notice of Removal.

The party filing a notice of removal of a claim or cause of action under 28 U.S.C. § 1452 and Fed. R. Bankr. P. 9027 must file a complete copy of the state court docket with the notice of removal. (b) Operative Pleadings and Other Relevant Papers to Be Separately Docketed. In addition to filing a complete copy of the state court docket, within seven days of filing the notice of removal, the party who removed the action must also file the operative pleadings, substantive rulings, and any pending motions and responses, each as a separate entry on the Bankruptcy Court’s docket. (c) Pending Motions.

If any motions were pending in the state court at the time of removal, opposing memoranda must be filed no later than 14 days after removal. (d) Motions for Remand. Motions for remand must be filed no later than 30 days after removal. ________________________ Notes of Advisory Committee 2025 Amendment This amendment revises sections (a) and (b) to require a removing party to file a copy of the state court docket with the notice of removal (as opposed to the entire record) and to file operative pleadings, substantive rulings, and any pending motions and responses as separate docket entries within seven days of filing the notice of removal. New section (c) sets a 14-day deadline for filing memoranda in response to motions pending in the state court at the time of removal.

New section (d) provides that motions for remand must be filed within 30 days after removal. This amendment to the rule is effective August 15, 2025. 2015 Amendment This amendment requires the removing party, in addition to filing the state court record with the notice of removal, to also file the operative pleadings, etc., as separate docket entries. 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 1.06A. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment Local Rule 1.06A is new. It gives effect to Fed. R. Bankr. P. 9027(e)(3) which permits the bankruptcy judge to require the party filing the notice of removal to file with the Clerk copies of all records and proceedings relating to the claim or cause of action in the court from which the claim or cause of action was removed.

It is derived from District Court Local Rule 4.02(b). These amendments to the rule were effective of February 15, 1995. Rule 9070-1 FILING AND EXCHANGE OF EXHIBITS; OBJECTIONS TO THE ADMISSIBILITY OF EXHIBITS (a) Exhibit List. Each party must prepare an Exhibit List in the form attached as Appendix A no later than seven days before trial.

After the conclusion of the trial, the courtroom deputy will docket the completed Exhibit List. (b) Parties Must File Exhibits via CM/ECF. Except for unrepresented parties as provided in paragraph (e) below or if the Court orders otherwise, parties must file their Exhibit List and all exhibits using the CM/ECF Electronically Stored Exhibit Upload (“Exhibit Upload”) no later than seven days before trial as required by Local Rule 7001-1. The filing of the Exhibit List and exhibits via the Exhibit Upload is considered the parties’ exchange of exhibits as required by Local Rule 7001-1(n).

Instructions for the Exhibit Upload are located on the Court’s website at www.flmb.uscourts.gov. (c) Additional Exhibits. If a party offers exhibits into evidence during the trial that were not uploaded through the Exhibit Upload, a complete set of such additional exhibits must be filed through the Exhibit Upload with the title “[Party’s Name]’s Additional Exhibits” no later than seven days following the conclusion of the trial. (d) Form of Exhibits.

Exhibits must be formatted as set forth below. (1) Exhibits Must Be Numbered, Marked, and Paginated. Exhibits must be numbered commencing with Arabic numeral 1. The first page of each exhibit must be stamped in the lower right corner with the name of the submitting party and the exhibit number (e.g., “Debtor’s Ex.

No. 1” or “Plaintiff’s Ex. No. 1”). In addition, each page of every exhibit must be sequentially numbered starting with the number 1. (2) Exhibits Must Be Formatted as PDFs.

Each exhibit, including oversized paper documents and photographs of exhibits other than paper documents, must be formatted as an individual Portable Document Format (PDF) file. The party’s naming convention must include the assigned exhibit number (e.g., “Debtor’s Exhibit 1” or “Exhibit 1 Promissory Note”). (3) Oversized Paper Documents and Exhibits Other than Paper Documents. Oversized paper documents and exhibits other than paper documents should be brought to court for trial and will be returned to the submitting party at the conclusion of the trial.

If an appeal is taken, only the PDF of the exhibit will be included in the record on appeal. (4) Redaction of Personal Data Identifiers. In compliance with Local Rule 1001-3, the following Personal Data Identifiers must be redacted from all exhibits: Social Security numbers, names of minor children, dates of birth, and financial account numbers other than the last four digits of the account number. If appropriate, the party submitting the exhibit should seek to file the unredacted exhibit under seal as provided for in Local Rules 1001-2 and 5005-4.

(e) Unrepresented Parties. Although parties who are not represented by an attorney must comply with the provisions of this rule, they may file paper copies of their Exhibit List and exhibits with the Court. Paper copies must be filed no later than seven days before the scheduled trial. The Clerk will file unrepresented parties’ exhibits via CM/ECF.

The Clerk’s docketing of the exhibits will constitute the unrepresented party’s exchange of exhibits with represented parties. Parties who are represented by an attorney must provide paper copies of their exhibits to any unrepresented party at least seven days before the scheduled trial in addition to submitting exhibits through CM/ECF. (f) Objections to Admissibility of Exhibits. Written objection to the admission of an exhibit into evidence on the grounds that the exhibit (1) lacks authentication or (2) does not qualify as an exception to the hearsay rule as a record of a regularly conducted activity under Fed. R. Evid. 803(6) must be filed before the close of business on the second day before trial or the objection will be deemed waived. _________________________ Notes of Advisory Committee 2025 Amendment This amendment reorganizes and retitles the rule (formerly titled Exhibits), eliminates obsolete provisions, including the requirement to use Exhibit Cover Sheets, and removes provisions regarding the procedure for using exhibits at trial which are included in new Local Rule 9070-2 Use of Exhibits at Trial.

This amendment to the rule is effective August 15, 2025. 2019 Amendment Amended sections (a) and (b) clarify the procedures for the submission of exhibits by parties who are represented by counsel and parties who represent themselves pro se. New section (d) Objections to Admissibility of Exhibits is consistent with the revision to Local Rule 7001-1(m)(3). Amended section (d) clarifies the types of objections to the admission of exhibits into evidence that are required to be filed before the close of business on the second day before trial.

This amendment to the rule is effective July 1, 2019. 2017 Amendment This rule is amended to replace and incorporate the provisions of Administrative Order FLMB-2015-06, which governs the use of electronically stored exhibits. Other revisions include a provision for exhibits with Personal Data Identifiers (referring to Local Rules 1001-2 and 5005-4), and a clarification that the exhibits used for each witness shall be placed in a separate binder or folder. This amendment to the rule is effective July 1, 2017.

2012 Amendment This amendment adopts new procedures to accommodate the use of electronic scanning of exhibits, which can be impaired by the use of permanently bound or stapled originals. Paragraph (g) was amended to permit the Clerk to dispose of exhibits left unclaimed for 30 days. This amendment incorporates archived Administrative Orders 99-0001-MIS-ORL and 99-00001- MIS-JAX “General Order for Disposal of Unclaimed Exhibits.” A sample Exhibit List (Appendix A) and Exhibit Cover Sheet (Appendix B) are provided. The addition of headings and subheadings is intended to be a stylistic rather than substantive change.

This amendment to the rule is effective March 15, 2012. 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 2.13. 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 2.13(e) requires that additional copies of exhibits shall be made available for use by witnesses. The deletion of the word “period” after “trial” is stylistic; no substantive change is intended.

The provisions in Local Rule 2.13(h), which dealt with notification to counsel of the obligation to pick up exhibits and the consequence of the failure to do so, have been deleted as this is now dealt with exclusively by Local Rule 2.13(i). For purposes of Local Rule 2.13(i), the term “post-judgment motion” shall mean a timely motion; (1) to amend or make additional findings of fact under Fed. R. Bankr. P. 7052, whether or not granting the motion would alter the judgment; (2) to alter or amend the judgment under Fed. R. Bankr. P. 9023; (3) for a new trial under Fed. R. Bankr. P. 9023; or (4) for relief under Fed. R. Bankr. P. 9024 if the motion is filed no later than ten (10) days after the entry of judgment. These amendments to the rule were effective on February 15, 1995. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION In Re: [Name of Debtor(s)], Debtor*. _____________________________ Case No.____________ Chapter ____________ [Name of Plaintiff], Adv.

Pro. No. ____________ Plaintiff, v. [Name of Defendant], Defendant. _______________________________ [Plaintiff/Defendant’s] Exhibit List (Hearing on Acme Bank’s Complaint to Determine Dischargeability (Doc. No. 1 Hearing Date:_______ Exh. # Document Description 1 Promissory Note Date Identified Date Admitted With or Without Objection *All references to “Debtor” shall include and refer to both debtors in a case filed jointly by two individuals.

APPENDIX A

Rule 9070-2 USE OF EXHIBITS AT TRIAL (a) Use of Electronic Exhibits at Trial. Exhibits filed using the CM/ECF Electronically Stored Exhibit Upload are the official exhibits for purposes of trial. Parties may introduce exhibits into evidence using their own laptop computers or electronic devices and courtroom technology. Parties only need to bring paper copies of exhibits to trial (1) for unrepresented parties, (2) as required in subsection (b), or (3) when ordered by the Court.

(b) Use of Paper Exhibits at Trial. If exhibits will be used to examine a witness, then at the commencement of the examination, the examining party must provide to the Court, the witness being examined, and other parties, paper copies of the exhibits in the following format: (1) Witness Binders. If a party uses more than one exhibit to examine a witness, the exhibits must be placed in a three-ring binder. The parties are directed to consult with each other to decide on the color of the binders that each party will use (e.g., plaintiff using blue binders and defendant using white binders).

Each witness binder must include only those exhibits that the examining party expects to use in the examination of that witness. However, if a party’s Exhibit List includes no more than five exhibits, and those exhibits are not voluminous, the party may use one exhibit binder for all witnesses. (2) Witness Binders Must Be Labeled. Witness binders must be labeled with the case caption, the name of the party offering the exhibits, and the witness’s name.

(3) Voluminous Exhibits. If an exhibit is voluminous and the entire exhibit is not relevant to the witness’s testimony, the witness binder should include only the relevant portion of that exhibit. (4) Exhibit Tabs. Each exhibit in the witness binder must be tabbed with the number of the exhibit as designated on the Exhibit List.

(5) Failure to Include an Exhibit in a Witness Binder. A party’s failure to include a previously exchanged exhibit in a witness binder will not bar the party from offering the exhibit into evidence or from using that exhibit to examine the witness. (c) Disposal of Trial Exhibits. Witness binders or other paper copies of exhibits that are not removed from the courtroom following trial will be disposed of by the courtroom deputy immediately after trial.

(d) best of their ability. Unrepresented Parties. Unrepresented parties must comply with this rule to the _______________________ Notes of Advisory Committee 2025 This new rule incorporates and expands on the provisions of Local Rule 9070-1 regarding copies of exhibits and preparation and use of witness binders at trial. Section (b) lists the specific requirements for witness binders.

This new rule is effective August 15, 2025. Rule 9071-1 STIPULATIONS All factual and procedural stipulations must either be in writing and filed with the Court or stated on the record in open court. ________________________ 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 2.17. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

Rule 9072-1 ORDERS - PROPOSED (a) Procedure for Submission. Proposed orders must be submitted using the “Order Upload” process in CM/ECF. (1) Orders to Be Provided to Opposing Counsel for Review. Attorneys must provide a copy of any proposed order to opposing counsel prior to submitting the order to the Court.

(2) Competing Orders. If counsel do not agree on the form of a proposed order, they may submit competing orders using the “Order Upload” option in CM/ECF’s Bankruptcy and Adversary Menus and checking the box on the submission screen that indicates “Dispute as to Form.” Counsel must then upload the order in both PDF and Microsoft Word formats. (b) Format. Proposed orders should follow the format set forth in the Court’s Style Guide available on the Court’s website, www.flmb.uscourts.gov, and must include: (1) case name and full case number; (2) descriptive title, including name and docket number of the matter ruled upon and substance of the Court’s ruling, e.g., granted or denied; (3) if the matter was heard by the Court, the date of the hearing; (4) if the matter relates to a scheduled hearing and a hearing on the matter is no longer necessary, a statement that the hearing is cancelled; (5) if the matter was served using the negative notice provisions of Local Rule 2002-4, the language set forth in Local Rule 2002-4(e); (6) if it is an agreed order, the word “Agreed” or “Consented” in the title; and (7) the following sentence at the end of the order: Attorney [or Trustee] [insert name of attorney/trustee] is directed to serve a copy of this Order on interested parties who do not receive service by CM/ECF and to file a proof of service within three days of entry of this Order.

(c) Time for Submission of Orders. (1) Accompanying Orders That May Be Submitted Upon the Filing of Motion or Application. The Court has designated a list, available on the Court’s website, www.flmb.uscourts.gov, of the types of motions and applications that do not ordinarily require notice and a hearing (the “Accompanying Orders List”). Counsel may submit a proposed order at the time that a listed motion or application is filed, following the Court’s guidelines for the submission of proposed orders.

Notwithstanding the foregoing, the Court may schedule a hearing on the motion or application. (2) Negative Notice. Orders on papers served using the Negative Notice Procedures of Local Rule 2002-4 must be submitted electronically to the Court after the expiration of the response period and within three business days of such expiration. (3) After Hearing.

Orders resulting from a hearing should be submitted within three business days of the hearing. (d) Agreed Orders. Agreed or consent orders may be submitted if: (1) the parties have previously filed an agreed or joint motion that is signed by all necessary parties; (2) the movant represents in the motion that the movant has obtained consent of the other parties to the entry of a proposed order attached to the motion; (3) a separate consent with the signature of all necessary parties is filed; or (4) the movant submits an order that recites in the preamble that the submitting party represents that the other parties have agreed to the form and content of the order, e.g., “By submission of this order for entry, the submitting counsel represents that the opposing party consents to its entry.” An agreed order that resolves a matter that is set for hearing must state that the scheduled hearing is cancelled. (e) Amended Orders.

Amended orders must include a footnote on the order’s first page that states the reason for the amendment. If a party requires the substantive amendment of a previously entered order, the party may file a motion for entry of an amended order together with a proposed amended order or may submit an agreed amended order. If the amendment does not affect the substance of the ruling (e.g., merely corrects a legal description or other scrivener’s error), a proposed amended order may be submitted without filing a motion for entry of an amended order. _______________________ Notes of Advisory Committee 2024 Amendment The revision to section (c)(3) clarifies that an order after hearing should be submitted within three days of the hearing. This amendment to the rule is effective August 15, 2024.

2022 Amendment This amendment adds a provision to section (b) requiring that an agreed order should include “Agreed” or “Consented” in the title. Section (d) is revised to remove the ability to submit an agreed order signed by all parties without a prior filed motion. This amendment to the rule is effective July 1, 2022. 2021 Amendment This amendment makes a minor revision to the section (b)(6) language required at the end of an order; no other substantive changes are made.

This amendment to the rule is effective August 1, 2021. 2020 Amendment This amendment adds additional language to section (d) to provide if an agreed order resolves a matter that is set for hearing, the order shall state that the scheduled hearing is cancelled. This amendment to the rule is effective August 1, 2020. 2019 Amendment This amendment to section (a) incorporates procedures for submitting competing orders through CM/ECF.

Amended section (b)(4) provides that if a proposed order cancels a hearing, that provision shall be set forth in the order. Section (b)(6) updates instructions regarding the service of orders. Section (e) clarifies the procedures for the submission of amended orders. This amendment to the rule is effective July 1, 2019.

2015 Amendment This amendment includes section (b)(1) and refers to the “Accompanying Orders” list posted on the Court’s website. The amendment to the rule is effective July 1, 2015. 2014 Amendment This amendment clarifies the information to be included in proposed orders submitted to the Court, provides that orders on papers served using the negative notice procedures of Local Rule 2002-4 shall be submitted after the expiration of the response period and within three business days of the response period, changes the time for submission of orders after hearings to three “business” days, and establishes procedures for the submission of agreed and amended orders. This amendment to the rule is effective July 1, 2014.

2004 Amendment This amendment allows Electronic Filing Users to submit proposed orders to the Court by electronic means. The Clerk will be responsible for setting up an electronic acceptance system in order to transmit proposed orders from parties to judges’ chambers. 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 2.11. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendments are stylistic.

No substantive change is intended. These amendments to the rule were effective on February 15, 1995.