judge console · S.D. Fla.
S.D. Fla. · Judge Elfenbein · Practice Guide

Hon. Marty Fulgueira Elfenbein

All local rules for S.D. Fla., integrated with this judge's published requirements.

Before You File
Ex parte applications
🏛 S.D. Fla. local rule

Include 'ex parte' in title and explain reasons for ex parte treatment; filing restricted from public view (public docket reflects only that a restricted filing was made) S.D. Fla. L.R. 5.4(d)(1) ↗

Contacting chambers
👤 Judge Elfenbein — standing order

Counsel may contact chambers, including the courtroom deputy and/or the law clerks, about procedures specific to Judge Elfenbein and for scheduling hearings. Chambers will not answer questions regarding substantive matters pertaining to the case or procedures that the Federal Rules of Civil Procedure and/or the Local Rules for the Southern District of Florida otherwise govern. Likewise, chambers will not provide advice on how to handle legal questions. When contacting chambers, please have all counsel of record or pro se parties, as applicable, on the telephone call and be ready to provide the case number and presiding Judge so that we may better assist you. Absent a true emergency, counsel of record shall not contact chambers to ask questions concerning the status of pending matters. Except for any confidential statements submitted pursuant to the Court's Order Scheduling Settlement Conference, any communications via email should copy all counsel of record or any pro se parties, as applicable. Any proposed orders or scheduling matters can be communicated via email to Elfenbein@flsd.uscourts.gov

Settlement notification
👤 Judge Elfenbein — standing order

Settlement conferences generally start at 9 a.m. and continue until at least 12 p.m. The Court requires in-person appearances of parties with full authority to resolve the case. Counsel may move for Zoom appearances if there are truly extraordinary circumstances. Except for cases filed under the Fair Labor Standards Act, the Court requires each party to submit a pre-conference, confidential settlement memorandum. Additional details will be outlined in the Court's Order Scheduling Settlement Conference.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 S.D. Fla. local rule
Motion

20 pages maximum for motion and incorporated memorandum S.D. Fla. L.R. 7.1(c)(2) ↗

Opposition

20 pages maximum for opposing memorandum S.D. Fla. L.R. 7.1(c)(2) ↗

Reply

10 pages maximum for reply memorandum S.D. Fla. L.R. 7.1(c)(2) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 S.D. Fla. local rule
Notice period

Opposition due 14 days after service; reply due 7 days after opposition S.D. Fla. L.R. 7.1(c)(1) ↗

Hearing days

No hearing held unless set by the court S.D. Fla. L.R. 7.1(b)(1) ↗

Proposed orders
🏛 S.D. Fla. local rule

Required for listed routine motions and for all emergency, ex parte, and TRO motions; Word format emailed to chambers per CM/ECF Admin. Procedures §3I(6) S.D. Fla. L.R. 7.1(a)(2) ↗

The Hearing
Oral argument
🏛 S.D. Fla. local rule

Request hearing within motion or opposition in a separate titled section S.D. Fla. L.R. 7.1(b)(2) ↗

Discovery
Discovery referral procedure
🏛 S.D. Fla. local rule

Discovery motions may be referred to and heard by the assigned magistrate judge S.D. Fla. L.R. 7.1(b)(3) ↗

Discovery dispute procedure
👤 Judge Elfenbein — standing order

Model A -- No motion without leave. Written discovery motions not permitted without leave of court. Personal conference (in-person or telephone) required; email alone insufficient. Court issues standing discovery order upon referral with specific procedures. Counsel shall not call chambers to seek an immediate ruling during a deposition.

Know Before You Go
👤 Judge Elfenbein — deviations that burn people
  • - Counsel shall not call chambers to seek an immediate ruling during a deposition.
  • - FLSA cases: exempt from settlement pre-conference memorandum requirement (Judge Elfenbein's page expressly exempts FLSA cases; standard cases must submit a pre-conference, confidential settlement memorandum).
  • - Settlement conference in-person required (Zoom only for truly extraordinary circumstances).
  • - Settlement start time generally 9 a.m., continue until at least 12 p.m.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment