Judge Peter M. Brigham
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
Absent prior permission of the Court, no party shall file a legal memorandum in excess of fifteen (15) pages in length.
- Legal memorandum
- Up to 15 pages
Document Filing Requirements10 rules
Each party opposing any written motion or other application shall file and serve, withing fifteen (15) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.
In making any written motion or other application to the Court for the entry of an order of any kind, the moving party shall file and serve with such motion or application a legal memorandum with citations to authority in support of the relief requested.
The following motion need not be accompanied by a memorandum of law: a. Motion for Continuance; b. Motion for Default Addressed to the Court; c. Motion for Confirmation of Arbitration Award; d. Motion for Extension of Time in which to complete discovery providing good cause is set forth in the motion; and e. Motion to Withdraw or Substitute Counsel.
Before filing the specified motions to compel, counsel must confer in good faith with opposing counsel and certify at filing that the conferral occurred and the dispute remains unresolved.
Court's wording
Before filing a motion to compel pursuant to the Florida Rules of Civil Procedure, Rule 1.380, or a motion to compel pursuant to Rule 1.180(c), counsel shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised, and shall certify to the Court at the time of filing the motion that s/he has conferred with opposing counsel and has been unable to resolve the dispute.
Except for motions based on a complete failure to respond to discovery, discovery motions must quote the discovery request and objection in full and state with citations why the objection should be overruled or sustained.
Court's wording
Except for motions grounded upon a complete failure to respond to discovery, discovery motions shall: (1) quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed; (2) quote in full the objection and grounds given therefore; and (3) state (with citations to authority) the reasons such objection should be overruled or sustained.
A stipulated motion in limine must be filed before the pre-trial conference with an agreed proposed order granting the requested relief.
- Document
- Stipulated motion in limine
Must include
- •Proposed order
Court's wording
A) Any Motions in Limine that are stipulated to between the parties (after meeting) shall be filed with an agreed upon PROPOSED ORDER granting the relief requested for this Court's consideration and signature PRIOR TO PRE-TRIAL.
B) Uncontested/stipulated Motions in Limine MUST indicate and certify that opposing Counsel has no objection to the entry of the order.
A contested motion in limine must certify that all attempts to resolve the issue have failed.
Court's wording
B) Contested Motions MUST indicate and certify that all attempts at resolution have failed and each Motion and Response filed thereto shall have attached a PROPOSED ORDER GRANTING/DENYING the specific relief requested.
Said certification shall also be contained in the body of the proposed Order that shall be provided to this Court as set forth above.
- Document
- Proposed order
- Placement
- Body of the document
Counsel intending to file and serve a reply memorandum must notify the trial court's judicial staff after receiving an opposing memorandum.
Court's wording
If, upon receipt of an opposing memorandum, counsel determines further ===== PAGE 2 ===== argument of his client's position is required, s/he must notify the trial court's judicial staff that s/he intends to file and serve a reply memoranda.
Filing & Service rules
Filing Timing and Cure Windows
A stipulated motion in limine must be filed before the pre-trial conference.
A) Any Motions in Limine that are stipulated to between the parties (after meeting) shall be filed with an agreed upon PROPOSED ORDER granting the relief requested for this Court's consideration and signature PRIOR TO PRE-TRIAL.
Civil cases
Page 1 | Stipulated Motions in Limine
All motions in limine must be filed before the pre-trial conference to be considered.
All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.
Civil cases
Page 1 | Motion in Limine Procedure Order
No later than 30 days before the pre-trial conference, attorneys must meet or discuss all possible motions in limine in an attempt to stipulate to them.
A) No later than 30 days prior to the Pre-Trial Conference the attorneys shall meet and/or discuss all Motions in Limine in an attempt to stipulate to any and/all possible Motions in Limine.
Civil cases
Page 1 | Mandatory Meeting Prior to Pre-Trial
A motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.
***ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED***
Civil cases
Page 1 | Motion in Limine Procedure Order
An untimely motion in limine or response will not be considered by the Court.
Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.
Civil cases
Page 2 | Contested Motions in Limine
All contested motions in limine must be filed no later than 20 days before the pre-trial conference.
D) ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER THAN 20 DAYS PRIOR TO THE PRE-TRIAL.
Civil cases
Page 2 | Contested Motions in Limine
The opposing party has 10 days from the filing of a motion in limine to file a response.
The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.
Civil cases
Page 2 | Contested Motions in Limine
Failure to respond within the allowed time may be sufficient cause for granting the motion by default.
Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default.
Civil cases
Page 1 | Timely opposing memoranda
If a party has no objections and will not file a responsive memorandum, counsel must file written notice of no objection with the court clerk within ten days of service.
If a party has no objections to a motion and does not intend to file a responsive memorandum, counsel shall file, withing ten days of service of said motion, written notice of no objection with the Clerk of the Court so indicating.
Civil cases
Page 1 | Timely opposing memoranda
Courtesy Copy Requirements
All original pleadings and papers must be filed with the court clerk, and a courtesy copy must be provided to the court.
All original pleadings and papers shall be filed with the Clerk of the Court and a courtesy copy shall be provided to the Court.
Civil cases
Page 2 | Motions to be filed with the Clerk
Pre-Motion Conference Requirements
All unstipulated motions in limine must be filed in accordance with the Court's motion practice procedure order.
C) ALL MOTIONS IN LIMINE THAT ARE NOT STIPULATED MUST BE FILED IN ACCORDANCE WITH THE COURT'S MOTION PRACTICE PROCEDURE ORDER.
Civil cases
Page 2 | Contested Motions in Limine
Oral argument may be permitted on the Court's own motion or written request by an interested party, but a request must accompany the motion or opposition memorandum and estimate argument time.
The Court may permit oral argument upon the written request of any interested party or upon the Court's own motion. Requests for oral argument must accompany the motion or opposing legal memorandum and must estimate the time required for argument.
Civil cases
Page 2 | Oral argument
Failure to comply with the order may subject the party or counsel to appropriate sanctions.
***FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER WILL SUBJECT THE PARTY AND/OR COUNSEL TO APPROPRIATE SANCTIONS***
Civil cases
Page 2 | Contested Motions in Limine
Reply memoranda are prohibited and will not be considered by the Court.
NO REPLY MEMORANDUM SHALL BE PERMITTED or considered by this Court.
Civil cases
Page 2 | Contested Motions in Limine
Motions and applications will ordinarily be decided on the papers unless a hearing is required by rule or law.
Motions and other applications will ordinarily be determined by the Court on the basis of motion papers and legal memoranda unless a hearing is required by rule or law.
Civil cases
Page 2 | Oral argument
Adjournment & Extension Requirements
When a reply memorandum is timely noticed, the court may defer determination of the matter for up to five days while the reply is prepared and filed.
In such case, determination of the matter will be deferred by the Court for up to five (5) days pending preparation and filing of the reply.
Civil cases
Page 2 | Replies
Chambers Communication Rules
The public must not call the Court seeking to discuss a pending case with a judge.
*NOTICE TO THE PUBLIC:* The Code of Judicial Conduct governing behavior by judges forbids the Judges of the Fifth Judicial Circuit to discuss pending cases with the public. Please do not call the Court expecting to speak with a Judge about any case.
Page 1 | Notice to the Public
The PMBcalendarrequest@circuit5.org address must be used to request a hearing date.
Please use the following address to request a hearing date: PMBcalendarrequest@circuit5.org
Page 1 | Office Information
Email kplemmons@circuit5.org is provided as a contact address.
Email: kplemmons@circuit5.org
Page 1 | Office Information