Judge Bruce E. Reinhart
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
Joint discovery memorandum (max 5 pages) required 48 hours before hearing.
- Joint discovery memorandum
- Up to 5 pages
Court's wording
At least 48 hours prior to the scheduled hearing, the parties shall file a joint discovery memorandum of five pages or less (1) specifying the substance of the discovery matter to be heard, (2) certifying that the parties have complied with the pre-hearing communication requirement set forth above, and (3) attaching a copy of all source materials relevant to the discovery dispute (e.g., if the dispute concerns interrogatories, the interrogatories at issue and any responses thereto shall be provided to Chambers). A sample format for the joint discovery memorandum is attached as Appendix 1 to this Order. This procedure does not apply when non-parties object to subpoenas served upon them.
Document Filing Requirements13 rules
The production of non-privileged materials should not be delayed while a party is preparing a privilege log.
Generalized privilege objections must specify privilege type, communication details, and include privilege log or be deemed waived.
- Document
- Privilege objection
Must include
- •Privilege log
Court's wording
Generalized objections asserting attorney-client privilege or work product doctrine do not comply with the Local Rules. Local Rule 26.1(e)(2)(B) requires that objections based upon privilege identify the specific nature of the privilege being asserted, as well as, inter alia, the nature and subject matter of the communication at issue and the identities of the parties to the communication. S.D. Fla. L.R. 26.1(e)(2)(B). Local Rule 26.1(e)(2)(C) requires a privilege log. S.D. Fla. L.R. 26.1(e)(2)(C). If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.
If a party believes that a request or a term is vague, that party must first ask for clarification from opposing counsel prior to objecting on vagueness grounds.
Sanctions motions must be separate, state justifying rule/statute, and specify remedy.
Court's wording
Any request for sanctions (including fees or costs associated with discovery) must be by separate motion. Leave of court is not required prior to filing a sanctions motion. Any such motion must state the rule or statute that justifies sanctions and the specific remedy being requested.
Must confer in good faith to narrow scope before asserting objections for irrelevant, disproportionate, or burdensome requests.
Court's wording
If a party believes a discovery request seeks irrelevant information, is disproportionate, or is unduly burdensome, that party shall confer in good faith with opposing counsel to narrow the scope of the request before asserting these objections.
If the requesting party does not clarify the request, the responding party should unilaterally define the allegedly-vague term and respond accordingly. For example, “Defendant construes the term ‘___’ to mean ‘______.’ Consistent with that definition, Defendant is producing
If a party interposes an objection and later asserts that no responsive documents exist, the Court will impose sanctions.
Objections must specify whether overbroad means irrelevant or disproportionate.
Court's wording
An objection that a discovery request is “overbroad” is ambiguous. If the objecting party asserts that the request seeks materials that are not relevant, the objection should say so. Alternatively, if the objector asserts that the request seeks materials that are relevant but excessive or cumulative, the objection should state that the request is disproportionate.
The objecting party nevertheless shall respond as to those matters for which the scope or burden is not contested.
Discovery objections must state if responsive materials are being withheld.
Court's wording
Objections to Requests for Production must “state whether any responsive materials are being withheld on the basis of that objection.” Fed. R. Civ. P. 34(b)(2)(C). When a party asserts a discovery objection, the Court assumes that a Rule 26(g) compliant search has been conducted and that responsive materials exist.
Objections that state that a discovery request is “vague, overly broad, or unduly burdensome” are, standing alone, meaningless, and will be stricken by the Court.
Boilerplate and general objections are prohibited and will be struck.
Court's wording
The parties shall not make nonspecific, boilerplate objections. See, e.g., S.D. Fla. L.R. 26.1(e)(2)(A) (“Where an objection is made to any interrogatory or subpart thereof or to any production request under Federal Rule of Civil Procedure 34, the objection shall state with specificity all grounds.”). The parties also shall not make general objections that are not tied to a particular discovery request. The Court will strike these general objections.
If a party asserts that it would be too burdensome to search for responsive materials, the objection should make clear that no search has been conducted and explain why a search would be unduly burdensome.
Filing & Service rules
Pre-Motion Conference Requirements
Counsel must attempt to resolve discovery disputes through direct communication before seeking court intervention.
If a discovery dispute arises, counsel must actually speak to one another (in person or via telephone) and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before seeking Court intervention.
Civil cases
Discovery motions cannot be filed until after attempting to resolve disputes through direct communication.
No discovery motions shall be filed until after the parties have engaged in this process.
Civil cases
Chambers Communication Rules
The moving party may request a discovery hearing by sending an email to reinhart@flsd.uscourts.gov. The subject line of the email shall be “Request for Discovery Hearing.”
The moving party may request a discovery hearing by sending an email to reinhart@flsd.uscourts.gov. The subject line of the email shall be “Request for Discovery Hearing.”
Civil cases
Discovery hearing request email must be copied to all counsel and certify that opposing counsel's availability has been confirmed.
The email shall be copied to all counsel, and shall certify that the moving party has conferred with opposing counsel and confirmed opposing counsel’s availability on the proposed
Civil cases
Discovery hearing request email must include two available afternoons within 7 business days and estimated hearing time.
The email shall provide the Court with two afternoons in the following seven business days when all parties are available. The email shall state the amount of time that the parties anticipate needing for the hearing.
Civil cases
Junior Lawyer Participation Incentives
Junior lawyers (5 or fewer years) may have multiple attorneys argue.
A party should advise the Court prior to the beginning of the hearing if a lawyer of 5 or fewer years of experience will be arguing the matter. In that event, the Court will allow multiple lawyers to argue on behalf of that party.
Civil cases
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