Scope of Rules; Short Title
Amendment includes a revision to section (b) that is consistent with the 2015 amendment to Fed. R. Civ. P. 1 and new section (c), which incorporates the provisions regarding sanctions for failure to comply with the Local Rules set forth in abrogated Local Rule 9011-3 Sanctions.
Case Management and Electronic Case Filing System – CM/ECF
This amendment incorporates the provisions regarding the signature of papers filed via CM/ECF set forth in abrogated Local Rule 9011-4 Signatures. The amendment also cross-references Local Rule 5005-4 Sealed Papers.
Examination of Debtor and Others
Amendment clarifies that parties shall schedule examinations under Fed. R. Bankr. P. 2004 notice rather than by motion.
Attorneys – Admission to Practice
Amendment clarifies the procedure to be followed by attorneys who wish to appear before the Court but who are not admitted to practice in the Middle District of Florida. The amendment also instructs counsel that the District Court requires a filing fee to be paid for special admission to practice.
Attorneys – Discipline
This amendment clarifies the procedures to be used when an attorney admitted to practice before the Court, either generally or specially, is disbarred or suspended from practice by the Supreme Court of Florida or another court.
L.R. 2091- 1
Attorneys – Duties of Debtor's Counsel
This amendment renumbers the rule from 9011-1 to 2091-1 and revises the title of the rule to indicate that the rule applies to debtor’s counsel.
Attorneys – Withdrawals and Substitutions
Amendment renumbers the rule from 2091-1 to 2091-2 and clarifies that motions for leave to withdraw shall be filed using the negative notice procedures of Local Rule 2004-2.
Time for Filing Proofs of Claim in Reinstated Cases
Amendment extends the deadlines for filing proofs of claim in reinstated cases from 28 to 60 days and is now applicable to cases filed under all chapters.
Chapter 11 – Confirmation
Amendment requires orders confirming plans in Chapter 11 cases to include a summary of the timing and amount of payments to be made to each class of creditors under the plan. The amendment also changes the deadline from 30 days to 60 days for filing any adversary proceeding or contested matter contemplated by the Chapter 11 plan and any objection to claim.
Amendment conforms the rule to current practice as set forth in the Procedure for Filing Papers under Seal adopted by the Court on June 11, 2015.
Photographs; Broadcasting or Televising; Use of Computers and Communication Devices
This amendment brings the rule current with Court practices..
Adversary Proceedings – Procedures
New rule incorporating the provisions of archived Administrative Order FLMB-2014-1 “Administrative Order Prescribing Procedures for Adversary Proceedings.” In addition, section (f)(4) regarding pretrial disclosures is now consistent with Fed. R. Civ. P. 26(f). The rule also clarifies the requirement that motions in adversary proceedings be filed and served using the negative notice procedures of Local Rule 2002-4.
Discovery – General
This amendment refers parties, in section (a), to Local Rule 7001-1 Adversary Proceedings – Procedures for issues relating to discovery. The amendment also clarifies that, absent order of the Court otherwise, the conference and reporting requirements of Fed. R. Civ. P. 26 do not apply to contested matters. Former section (c) regarding the depositions of non-resident parties has migrated to Rule 7030-1 Depositions upon Oral Examination.
Depositions Upon Oral Examination
Section (b) of this amendment incorporates former section (c) of Local Rule 7026-1 Discovery – General regarding the location of depositions of non-resident parties.The definition of "non-resident" has been changed from "a person residing outside the State of Florida" to "a person residing outside the Middle District of Florida."