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FILED by D.C.
IN RE: INTERIM AMENDMENTS TO
TIME CALCULATIONS IN THE NOV - 9 2009
LOCAL RULES STEVEN M. LARIMORE
1 CLERK U. S. DIST. CT.
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S. D. of FLA. MIAMI
Supplemental Administrative Order 2009-34, the Court vacates those orders. This Administrative
For the reasons set forth below, the petition of the Ad Hoc Committee on Rules and
Procedures for an Administrative Order concerning the calculation of time periods under the Local
Rules is GRANTED.
This Court amends its various local rules on an annual cycle corresponding to the issuance
of new rules books for Florida federal practitioners by West Publishing Company, after a period of
public comment, notice, and an opportunity to be heard in accordance with Fed. R. Civ. P. 83 and
Substantial changes to the manner in which dates are calculated in the various Federal Rules
of Procedure have been approved this year and will go into effect on December 1, 2009. The
Committee has prepared corresponding amendments to the Local Rules, the Discovery Handbook,
the Rules Governing Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules.
These, however, will not go into effect until April 15, 2010, subject to the notice and comment
To avoid any discrepancy between the manner in which time is calculated under the various
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Federal Rules of Procedure and the Local Rules of this District during the interim period of December
1, 2009 when the amendments to the Federal Rules go into effect and April 15, 2010 when the
corresponding amendments to the Local Rules will go into effect, the Committee has requested that
time-calculation changes to the above rules be set forth as an attachment to an Administrative Order,
to be in effect during the interim period. The Court has determined that this is appropriate, and it is
ORDERED that the modifications to the Local Rules, the Discovery Handbook, the Rules
Governing Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules shown on the
attached table shall be effective as of December 1,2009. This Order shall expire on April 15,2010.
It is further
ORDERED that the Clerk of the Court is directed to post this Order, with the attached table,
on the Court's website, and to take such other measures as he deems necessary to advise members
of the Bar of the United States District Court for the Southern District of Florida of the forthcoming
Honorable Joel F, Dubina, Chief Judge, United States Court of Appeals for the Eleventh Circuit
All Southern District and Magistrate Judges
Circuit Executive
Thomas Meeks, Chair, Ad Hoc Committee on Rules and Procedures
All members of the Ad Hoc Committee on Rules and Procedures
Library
Daily Business Review
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TABLE OF INTERIM RULES CHANGES
United States District Court for the Southern District of Florida
Effective December 1,2009 - April 15,2010
7.5.E Briefing Schedule. As oral argument is not Briefing Schedule. Unless otherwise
always scheduled on motions for summary specifically ordered by the Court, the
judgment, the briefing schedule in Local briefing schedule in Federal Rule of Civil
Rule 7.1 shall apply. Procedure 56 shall apply.
16.1 .E Pretrial Stipulation Must Be Filed. It shall Pretrial Stipulation Must Be Filed. It shall
be the duty of counsel to see that the pretrial be the duty of counsel to see that the pretrial
stipulation is drawn, executed by counsel for stipulation is drawn, executed by counsel for
all parties, and filed with the Court, no later all parties, and filed with the Court, no later
than five days prior to the pretrial than seven (7) days prior to the pretrial
conference, or if no pretrial conference is conference, or if no pretrial conference is
held, five days prior to the call of the held, seven (7) days prior to the call of the
calendar. The pretrial stipulation shall calendar. The pretrial stipulation shall
contain the following statements in separate contain the following statements in separate
numbered paragraphs as indicated: numbered paragraphs as indicated:
16.1.J Memoranda of Law. Counsel shall serve Memoranda of Law. Counsel shall serve
and file memoranda treating any unusual and file memoranda treating any unusual
questions of law, including motions in questions of law, including motions in
limine, no later than five days prior to the limine, no later than seven (7) days prior to
pretrial conference, or if no pretrial the pretrial conference, or if no pretrial
conference is held, five days prior to the call conference is held, seven (7) days prior to
of the calendar. the call of the calendar.
16.2.D. 1(b) Direct the parties, within fifteen days of the Direct the parties, within fourteen (14) days
date of the order of referral, to agree upon a of the date of the order of referral, to agree
mediator. The parties are encouraged to upon a mediator. The Found at:are encouraged
parties
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utilize the list of certified mediators to utilize the list of certified mediators
established in connection with Local Rule established in connection with Local Rule
16.2.B., but may by mutual agreement select 16.2.B, but may by mutual agreement select
any individual as mediator. The parties shall any individual as mediator. The parties shall
file a "Notice of Selection of Mediator" file a "Notice of Selection of Mediator"
within that period of time. If the parties are within that period of time. If the parties are
unable to agree upon a mediator, plaintiffs unable to agree upon a mediator, plaintiffs
counsel, or plaintiff if self-represented, shall counsel, or plaintiff if self-represented, shall
file a "Request For Clerk To Appoint file a "Request For Clerk To Appoint
Mediator," and the Clerk will designate a Mediator," and the Clerk will designate a
mediator from the list of certified mediators mediator from the list of certified mediators
on a blind, random basis. on a blind, random basis.
16.2.D.I (c) Direct that, at least ten days prior to the Direct that, at least fourteen (14) days prior
mediation date, each party give the mediator to the mediation date, each party give the
a confidential written summary of the case mediator a confidential written summary of
identifying issues to be resolved. the case identifying issues to be resolved.
16.2.F.1 Mediation Report. Within five days Mediation Report. Within seven (7) days
following the mediation conference, the following the mediation conference, the
mediator, if an authorized user of the Court's mediator, if an authorized user of the Court's
electronic filing system (CMJECF), shall electronic filing system (CMIECF), shall
electronically file a Mediation Report. If the electronically file a Mediation Report. If the
mediator is not an authorized CM/ECF user, mediator is not an authorized CMJECF user,
the mediator shall file the Mediation Report the mediator shall file the Mediation Report
in the conventional manner. The report shall in the conventional manner. The report shall
indicate whether all required parties were indicate whether all required parties were
present and whether the case settled (in full present and whether the case settled (in full
or in part), whether the mediation was or in part), whether the mediation was
adjourned, or whether the mediator declared adjourned, or whether the mediator declared
an impasse. an impasse.
16.2.H Within five days following the mediation Within seven (7) days following the
(ORDER OF conference, the mediator shall file a mediation conference, the mediator shall file
REFERRAL) Mediation Report indicating whether all a Mediation Report indicating whether all
710 required parties were present. The report required parties were present. The report
shall also indicate whether the case settled shall also indicate whether the case settled
(in full or in part), was adjourned, or whether (in full or in part), was adjourned, or whether
the mediator declared an impasse. the mediator declared an impasse.
26.1 .G.4(d) The business records and materials shall be The business records and materials shall be
made available for inspection and copying made available for inspection and copying
within ten days after service of the answers within fourteen (14) days after service of the
to interrogatories or at a date agreed upon by answers to interrogatories or at a date agreed
the parties. upon by the parties.
62.1 .B Extension of Automatic Stay When Notice Extension of Automatic Stay When Notice
of Appeal Filed. If within the ten day period of Appeal Filed. If within the fourteen (14)
established by Federal Rule of Civil day period established by Federal Rule of
Procedure 62(a), a party files any of the Civil Procedure 62(a), a party files any of the
motions contemplated in Federal Rule of motions contemplated in Federal Rule of
Civil Procedure 62(b), or a notice of appeal, Civil Procedure 62(b), or a notice of appeal,
then unless otherwise ordered by the Court, a then unless otherwise ordered by the Court, a
further stay shall exist for a period not to further stay shall exist for a period not to
exceed thirty days from the entry of the exceed thirty (30) days from the entry of the
judgment or order. The purpose of this judgment or order. The purpose of this
additional stay is to pennit the filing of a additional stay is to permit the filing of a
supersedeas bond, which shall be filed by the supersedeas bond, which shall be filed by the
end of the thirty day period provided herein. end of the thirty (30) day period provided
herein.
87.4.B B. Limited Authority of Bankruptcy B. Limited Authority of Bankruptcy
Court to Dismiss Appeals Prior to Court to Dismiss Appeals Prior to
Transmittal of Record to District Court. Transmittal of Record to District Court.
The Bankruptcy Court is authorized and The Bankruptcy Court is authorized and
directed to dismiss an appeal for (1) directed to dismiss an appeal for (1)
appellant's failure to pay the prescribed filing appellant's failure to pay the prescribed filing
fees; (2) failure to comply with the time fees; (2) failure to comply with the time
limitations specified in Federal Rule of limitations specified in Federal Rule of
Bankruptcy Procedure 8002; and (3) Bankruptcy Procedure 8002; and (3)
appellant's failure to file a designation of the appellant's failure to file a designation of the
items for the record or copies thereof or a items for the record or copies thereof or a
statement of the issues as required by Federal statement of the issues as required by Federal
Rule of Bankruptcy Procedure 8006, and Rule of Bankruptcy Procedure 8006, and
Local Bankruptcy Rule 8006-1. The Local Bankruptcy FoundRule at:8006-1. The
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Bankruptcy Court is further authorized and Bankruptcy Court is further authorized and
directed to hear, under Federal Rule of directed to hear, under Federal Rule of
Bankruptcy Procedure 9006(b), motions to Bankruptcy Procedure 9006(b), motions to
extend the foregoing deadlines and to extend the foregoing deadlines and to
consolidate appeals which present similar consolidate appeals which present similar
issues from a common record. Bankruptcy issues from a common record. Bankruptcy
Court orders entered under this subsection Court orders entered under this subsection
may be reviewed by the District Court on may be reviewed by the District Court on
motion filed in the District Court within ten motion filed in the District Court within
days after entry of the order sought to be fourteen (14) days after entry of the order
reviewed pursuant to subsection C of this sought to be reviewed pursuant to subsection
Local Rule. C of this Local Rule.
88.5.B Speedy Trial Reports. Counsel for the Speedy Trial Reports. Counsel for the
Government and counsel for each defendant Government and counsel for each defendant
shall, within twenty days after arraignment shall, within twenty-one (2 1) days after
and every twenty days thereafter until trial or arraignment and every twenty-one (2 1) days
plea of guilty or nolo contendere, file with thereafter until trial or plea of guilty or nolo
the Court a status report as to each defendant contendere, file with the Court a status report
which shall include a concise statement of: as to each defendant which shall include a
1. All excludable time as recorded on the concise statement of: 1. All excludable time
docket on which there is agreement, as recorded on the docket on which there is
including the applicable statutes. Such agreement, including the applicable statutes.
agreement shall be conclusive as between the Such agreement shall be conclusive as
parties, unless it has no basis in fact or law. between the parties, unless it has no basis in
2. All excludable time as recorded on the fact or law. 2. All excludable time as
docket on which there is conflict, including recorded on the docket on which there is
the applicable statutes or law. 3. conflict, including the applicable statutes or
Computation of the gross time, excludable law. 3. Computation of the gross time,
time, net time remaining, and the final date excludable time, net time remaining, and the
upon which the defendant can be tried in final date upon which the defendant can be
compliance with the Speedy Trial Plan of tried in compliance with the Speedy Trial
this Court. 4. Any agreement by the parties Plan of this Court. 4. Any agreement by the
as to excludable time which exceeds the parties as to excludable time which exceeds
amount recorded on the docket shall have no the amount recorded on the docket shall have
effect unless approved by the Court. no effect unless approved by the Court.
3. Within five days following entry of a 3. Within seven ( 7 ) days following entry of a
guilty plea or a verdict of guilty, counsel for guilty plea or a verdict of guilty, counsel for
the defendant and the probation officer will the defendant and the probation officer will
have made arrangements for the initial have made arrangements for the initial
interview of the defendant for the PSI. interview of the defendant for the PSI.
4. Within fourteen days of receipt of the 4. Within fourteen (14) days of receipt of the
report, counsel for the defendant and the report, counsel for the defendant and the
government must communicate any government must communicate any
objections, in writing, to each other and to objections, in writing, to each other and to
the probation officer. The probation officer the probation officer. The probation officer
may meet with counsel and the defendant to may meet with counsel and the defendant to
discuss the objections and may conduct a discuss the objections and may conduct a
further investigation and revise the report as further investigation and revise the report as
appropriate. appropriate.
5. Seven days prior to the sentencing 5. Seven (7) days prior to the sentencing
proceeding, the probation officer must proceeding, the probation officer must
submit to the court the final report and an submit to the court the final report and an
addendum containing unresolved issues. The addendum containing unresolved issues. The
PSI, if revised, and the addendum will also PSI, if revised, and the addendum will also
be made available to all counsel. be made available to all counsel.
6. Counsel for the parties shall confer no 6. Counsel for the parties shall confer no
later than seven days prior to the scheduled later than seven ( 7 ) days prior to the
sentencing hearing proceeding with respect scheduled sentencing hearing proceeding
to the anticipated length of the sentencing with respect to the anticipated length of the
and the number of witnesses to be called. If sentencing and the number of witnesses to be
either party reasonably anticipates that the called. If either party reasonably anticipates
sentencing proceeding will exceed one hour, that the sentencing proceeding will exceed
the party shall file a notice with the Clerk of one hour, the party shall file a notice with the
Court and shall hand deliver a courtesy copy Clerk of Court and shall hand deliver a
to the United States Probation Office no later courtesy copy to the United States Probation
than five days prior to the sentencing Office no later than five ( 5 ) days prior to the
proceeding. The notice shall advise the sentencing proceeding. The notice shall
Court of the number of witnesses to be called advise the Court of the number of witnesses
and the estimated time required for the to be called and the estimated time required
sentencing proceeding. Additionally, counsel for the sentencing proceeding. Additionally,
for the parties shall file within the same time counsel for the parties shall file within the
period any notice for enhancement of same time period any notice for enhancement
sentence or requests for departure. of sentence or requests for departure,
8. Counsel for the parties may retain the PSI 8. Counsel for the parties may retain the PSI
in their custody, and counsel for the in their custody,Found at:
and counsel for the
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defendant shall provide a copy to the defendant shall provide a copy to the
defendant. However, the PSI is a defendant. However, the PSI is a
confidential document and neither the parties confidential document and neither the parties
nor their counsel are authorized to duplicate nor their counsel are authorized to duplicate
or disseminate it to third parties without or disseminate it to third parties without
prior permission of the Court. prior permission of the Court.
88.10.P The parties shall collaborate in preparation The parties shall collaborate in preparation
of a written statement to be signed by of a written statement to be signed by
counsel for each side, generally describing counsel for each side, generally describing
all discovery material exchanged, and setting all discovery material exchanged, and setting
forth all stipulations entered into at the forth all stipulations entered into at the
conference. No stipulations made by defense conference. No stipulations made by defense
counsel at the conference shall be used counsel at the conference shall be used
against the defendant unless the stipulations against the defendant unless the stipulations
are reduced to writing and signed by the are reduced to writing and signed by the
defendant and his counsel. This statement, defendant and his counsel. This statement,
including any stipulations signed by the including any stipulations signed by the
defendant and his counsel, shall be filed with defendant and his counsel, shall be filed with
the Court within five days following the the Court within seven (7) days following the
conference. conference.
Rules C. Whenever it appears that any person who C. Whenever it appears that any person who
Governing has been convicted of any crime or disbarred has been convicted of any crime or disbarred
Attorney or suspended or censured or disbarred on or suspended or censured or disbarred on
Discipline, consent by this Court is admitted to practice consent by this Court is admitted to practice
Rule X1II.C law in any other jurisdiction or before any law in any other jurisdiction or before any
other court, this Court shall, within ten days of other court, this Court shall, within fourteen
that conviction, disbarment, suspension, (14) days of that conviction, disbarment,
censure, or disbarment on consent, transmit to suspension, censure, or disbarment on
the disciplinary authority in such other consent, transmit to the disciplinary authority
jurisdiction, or for such other court, a in such other jurisdiction, or for such other
certificate of the conviction or a certified or court, a certificate of the conviction or a
exemplified copy of the judgment or order of certified or exemplified copy of the judgment
disbarment, suspension, censure, or or order of disbarment, suspension, censure,
disbarment on consent, as well as the last or disbarment on consent, as well as the last
known ofice and residence addresses of the known office and residence addresses of the
disciplined attorney. disciplined attorney.
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Southern District of Florida Interim Rules Changes, Page 12 of 19
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Table of Interim Rule Changes Local Admiralty Rules
United States District Court for the Southern District of Florida
Effective December 1,2009-April 15,2010
A(8) Form and Return Unless otherwise ordered by the Unless otherwise ordered by the
of Process in In Court, Federal Rule of Civil Court, Federal Rule of Civil
Personam Actions. Procedure 9(h) process shall be Procedure 9(h) process shall be
by civil summons, and shall be by civil summons, and shall be
returnable twenty days after returnable twenty-one days after
service of process; except that service of process; except that
process issued in accordance process issued in accordance
with Supplemental Rule B shall with Supplemental Rule B shall
conform to the requirements of conform to the requirements of
that rule. that rule.
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B(S)(b) Post- Hearing on the Answer and Hearing on the Answer and
attachment Review Claim. The claimant may be Claim. The claimant may be
Proceedings heard before a judicial officer not heard before a judicial officer not
less than three days after the less than seven days after the
answer and claim has been filed answer and claim has been filed
and service has been perfected and service has been perfected
upon the plaintiff. upon the plaintiff.
B(7) Procedural A party opposing the entry of A party opposing the entry of
Requirements for the default judgment shall have five default judgment shall have
Entry of Default days from the receipt of the seven days from the receipt of
Judgment. motion to file written opposition the motion to file written
with the Court. Thereafter, opposition with the Court.
unless otherwise ordered by the Thereafter, unless otherwise
Court, the motion for the entry of ordered by the Court, the motion
default judgment will be heard for the entry of default judgment
without oral argument. will be heard without oral
argument.
C(3)(a)( 1 File a claim within ten days after File a claim within fourteen
Special Requirements service of the summons in days after service of the
for Actions Involving accordance with Local Admiralty summons in accordance with
Freight, Proceeds, Rule C(6)(a); Local Admiralty Rule C(6)(a);
and/or Intangible
Property
(a) File the claim within ten days (a) File the claimFound
within at:
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Southern District of Florida Interim Rules Changes, Page 14 of 19
after process has been executed; fourteen days after process has
and been executed; and
(b) Serve an answer within (b) Serve an answer within
twenty days after the filing of twenty-one days after the filing
the claim. of the claim.
C(9)(b) Procedural When Any Person Has Filed an When Any Person Has Filed an
Requirements for the Appearance, But Does Not Join Appearance, But Does Not Join
Entry of Default in the Motion for Entry of in the Motion for Entry of
Judgment Default Judgment. If any person Default Judgment. If any person
has filed an appearance in has filed an appearance in
accordance with Local Admiralty accordance with Local Admiralty
Rule C(6), but does not join in Rule C(6), but does not join in
the motion for entry of default the motion for entry of default
judgment, the party seeking the judgment, the party seeking the
entry of default judgment shall entry of default judgment shall
serve notice of the motion upon serve notice of the motion upon
the party not joining in the the party not joining in the
motion, and thereafter the motion, and thereafter the
opposing party shall have five opposing party shall have seven
days from receipt of the notice to days from receipt of the notice to
file written opposition with the file written opposition with the
Court. Court.
E(2)(b)Permissive Except as indicated below, and Except as indicated below, and
Intervention When the subject to any other rule or order subject to any other rule or order
Vessel or Property Has of this Court, no person shall of this Court, no person shall
Been Scheduled for have an automatic right to have an automatic right to
Sale by the Court. intervene in an action where the intervene in an action where the
Court has ordered the sale of the Court has ordered the sale of the
vessel or property, and the date vessel or property, and the date
of the sale is set within fifteen of the sale is set within twenty-
days from the date the party one days from the date the party
moves for permission to moves for permission to
intervene in accordance with this intervene in accordance with this
subsection. In such cases, the subsection. In such cases, the
person seeking permission to person seeking permission to
intervene must: intervene must:
E(5)(1) Deposit Any party seeking the arrest or Any party seeking the arrest or
Required Before attachment of property shall attachment of property shall
Seizure. deposit a sum with the Marshal deposit a sum with the Marshal
sufficient to cover the Marshal's sufficient to cover the Marshal's
estimated fees and expenses of estimated fees and expenses of
arresting and keeping the arresting and keeping the
property for at least ten days. property for at least fourteen
days.
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Southern District of Florida Interim Rules Changes, Page 15 of 19
E(5)(b)(2) - Upon receipt of this listing, the Upon receipt of this listing, the
Determination of Total Marshal shall determine the total Marshal shall determine the total
Expenses by Marshal expenses incurred to date and shall expenses incurred to date and
estimate the expenses to be shall estimate the expenses to be
incurred during the next ten days. incurred during the next fourteen
For the purpose of making this (14) days. For the purpose of
calculation, the total fees and making this calculation, the total
expenses shall be calculated from fees and expenses shall be
the date when continuous and calculated from the date when
uninterrupted arrest or attachment continuous and uninterrupted
of the property began, and not arrest or attachment of the
prorated from the date a particular property began, and not prorated
party's intervening complaint was from the date a particular party's
filed. intervening complaint was filed.
E(1 l)(c) Expenses for Such applications must be filed Such applications must be filed
Care and Maintenance within thirty days from the date within thirty days from the date
of a Crew. of the vessel's initial seizure. of the vessel's initial seizure.
Otherwise, except in the case of Otherwise, except in the case of
an emergency, such applications an emergency, such applications
shall be filed and served upon all shall be filed and served upon all
parties, who in turn shall have parties, who in turn shall have
ten days fiom receipt of the fourteen days from receipt of
application to file a written the application to file a written
response . . . response . . .
E(15)(a) Stay of Final Automatic Stayfor Ten Days. In Automatic Stayfor Fourteen
Order accordance with Federal Rule of Days. In accordance with
Civil Procedure 62(a), no Federal Rule of Civil Procedure
execution shall issue upon a 62(a), no execution shall issue
judgment, nor shall seized upon a judgment, nor shall seized
property be released pursuant to a property be released pursuant to a
judgment or dismissal, until ten judgment or dismissal, until
days after the entry of the fourteen days after the entry of
judgment or order of dismissal. the judgment or order of
dismissal.
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E(15) (b) Stay of Final Stays Beyond the Ten Day Stays Beyond the Fourteen Day
Order Period. If within the ten day Period. If within the fourteen
period established by Federal day period established by
Rule of Civil Procedure 62(a), a Federal Rule of Civil Procedure
party files any of the motions 62(a), a party files any of the
contemplated in Federal Rule of motions contemplated in Federal
Civil Procedure 62(b), or a notice Rule of Civil Procedure 62(b), or
of appeal, then unless otherwise a notice of appeal, then unless
ordered by the Court, a further otherwise ordered by the Court, a
stay shall exist for a period not to further stay shall exist for a
exceed thirty days from the entry period not to exceed thirty days
of the judgment or order. The from the entry of the judgment or
purpose of this additional stay is order. The purpose of this
to permit the Court to consider an additional stay is to permit the
application for the establishment Court to consider an application
of a supersedeas bond and to for the establishment of a
order the date upon which the supersedeas bond and to order
bond shall be filed with the the date upon which the bond
Court. shall be filed with the Court.
E(17)(a)(2) Sale of a If the Bid Is More Than $500.00. If the Bid Is More Than $500.00.
Vessel or Property. The bidder shall immediately The bidder shall immediately
deposit with the Marshal deposit with the Marshal
$500.00, or ten percent of the $500.00, or ten percent of the
bid, whichever sum is greater. bid, whichever sum is greater.
Thereafter the bidder shall pay Thereafter the bidder shall pay
the remaining purchase price the remaining purchase price
within three working days. within seven days.
E(17)(g)(l) Sale of a Timefor Filing Objections. Timefor Filing Objections.
Vessel or Property Unless otherwise permitted by Unless otherwise permitted by
the Court, an objection must be the Court, an objection must be
filed within three working days filed within seven days
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Southern District of Florida Interim Rules Changes, Page 17 of 19
following the sale. The party or following the sale. The party or
person filing an objection shall person filing an objection shall
serve a copy of the objection serve a copy of the objection
upon the Marshal and all other upon the Marshal and all other
parties to the action, and shall parties to the action, and shall
also file a Certificate of Service also file a Certificate of Service
indicating the date and manner of indicating the date and manner of
service. Opposition to the service. Opposition to the
objection must be filed within objection must be filed within
seven days after receipt of the seven days after receipt of the
objection of the sale. objection of the sale.
F(4) Objections to the Any party may move to set aside Any party may move to set aside
Appraisal. the appraisal within ten days the appraisal within fourteen
following the filing of the days following the filing of the
appraisal with the Clerk of the appraisal with the Clerk of the
Court. Court.
FORM 4. WARRANT SPECIAL NOTICE SPECIAL NOTICE
FOR ARREST IN In accordance with Local In accordance with Local
REM Admiralty Rule C(6), any person Admiralty Rule C(6), any person
claiming an interest in the vessel claiming an interest in the vessel
andlor property shall be required and/or property shall be required
to file a claim within ten days to file a claim within fourteen
after process has been executed, days after process has been
and shall also be required to file executed, and shall also be
an answer within twenty days required to file an answer within
after the filing of this claim. twenty-one days after the filing
of this claim.
FORM 7. NOTICE OF Pursuant to Supplemental Rule Pursuant to Supplemental Rule
ACTION IN REM C(6), and Local Admiralty Rule C(6), and Local Admiralty Rule
AND ARREST OF C(6), any person having a claim C(6), any person having a claim
VESSEL against the vessel and/or property against the vessel and/or property
shall file a claim with the Court shall file a claim with the Court
not later than ten days after not later than fourteen days after
process has been effected, and process has been effected, and
shall file an answer within shall file an answer within
twenty days from the date of twenty-one days from the date
filing their claim. of filing their claim.
FORM 12. WHEREAS, this process is WHEREAS, this process is
SUMMONS AND issued pursuant to such prayer issued pursuant to such prayer
PROCESS OF and requires that a garnishee and requires that a garnishee
MARITIME shall serve his answer within shall serve his answer within
ATTACHMENT AND twenty days after service of twenty-one days after service of
GARNISHMENT process upon him and requires process upon him and requires
that a defendant shall serve his that a defendant shall serve his
answer within thirty days after answer within thirty days after
process has been executed, process has been executed,
whether by attachment of Foundofat:
whether by attachment
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