Judge Jacqueline Becerra
Individual Rules, Standing Orders & Policies
Adjournments
- Extension requests must be filed at least 3 business days before the deadline.
- Parties may stipulate to discovery extensions without motion, but cannot interfere with court deadlines without leave.
- Extension requests must include conferral statement, prior requests, circumstances, relief period, and impact on dispositive motion/trial.
Request must include
- Motions to join parties and amend complaint must be filed within 60 days of joint scheduling report.
- All discovery must be completed 135 days after joint scheduling report filing in expedited track.
Communication
Chambers
Document Format Requirements2 rules
Calendar call scheduled for Tuesday prior to trial commencement at 8:30 a.m.
Court's wording
Calendar Call: Tuesday, [counsel to input date that is the Tuesday prior to the first day of trial], at 8:30 a.m. at the Wilkie D. Ferguson, Jr. Courthouse, 400 N. Miami Avenue, Courtroom 11-4, Miami, Florida 33128.
Trial scheduled to commence during two-week period beginning 120 days after dispositive motions deadline.
Court's wording
Trial is scheduled to commence during the two-week period beginning Monday, [counsel to input date that is 120 days after the filing deadline for dispositive motions] 1, at 9:30 a.m. at the Wilkie D. Ferguson, Jr. Courthouse, 400 N. Miami Avenue, Courtroom 11-4, Miami, Florida 33128.
Document Filing Requirements12 rules
A motion for default final judgment must include damages evidence and, when applicable, the SCRA affidavit, a supporting memorandum, a proposed order, and a proposed final judgment.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The Motion must include affidavits of any sum certain due by Defendant(s), and any other supporting documentation necessary to determine Plaintiff(s)’ measure of damages. The Motion shall also be accompanied by: (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. app. section 521(b), if applicable; (2) a memorandum of law supporting entitlement to final judgment; (3) a proposed order; and (4) a proposed final judgment.
In the certificate of service, Plaintiff(s) shall indicate that notice was sent and list the address(es) where notice was sent.
- Document
- Certificate of service
- Placement
- Certificate section
The notice of joint liability must be filed with the Motion for Default Final Judgment and shall briefly describe the allegations and advise the Court of the status of the other Defendant(s)’ liability.
In multi-defendant cases involving joint and several liability allegations or possible inconsistent liability, plaintiffs must also file a notice of joint liability.
Court's wording
In multi-defendant cases, if there are no allegations of joint and several liability, and no possibility of inconsistent liability between Defendants, Plaintiff(s) shall file a motion for default final judgment as provided for above. However, if there a re allegations of joint and several liability, or the possibility of inconsistent liability between Defendants, Plaintiff(s) shall also file a notice of joint liability.
Initial expert witness disclosures required two months before discovery deadline with detailed information per Rule 26(a)(2).
Court's wording
[counsel to input date Parties shall exchange a written list that is two months prior containing the names, addresses and to discovery deadline] summaries/reports of any expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): lists of the expert’s qualifications to be offered at trial, publications and writings, style of the case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.
Rebuttal expert witness disclosures required one month before discovery deadline with detailed information per Rule 26(a)(2).
Court's wording
[counsel to input date that is one month prior to discovery deadline] Parties shall exchange a written list containing the names, addresses and summaries/reports of any rebuttal expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): lists of the expert's qualifications to be offered at trial, publications and writings, style of case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.
The filing of any motion, including motions for summary judgement, that are not in compliance with the Local Rules are subject to being stricken or denied.
The parties are required to file a Notice of Mediation with the name of the mediator and the date of the mediation at least thirty days before the mediation.
The parties shall notify the Court of the results of the mediation (e.g., settled, impasse, or adjourned to continue discussions) within two days of the conclusion of the mediation.
Mediation is required in accordance with the Local Rules and the deadline set forth above.
If Defendant(s) fail(s) to move to set aside the Clerk’s Default or respond to the Motion within the time permitted by the Rules, default final judgment may be entered without further hearing or notice.
The email subject line must include the case number as follows: XX-cv-XXXX-JB.
Filing & Service rules
Filing Timing and Cure Windows
Failure to file the motion within the specified timeframe results in dismissal without prejudice and without further notice.
Plaintiff(s)’ failure to file a Motion for Default Final Judgment within the specified time frame will result in a dismissal without prejudice and without further notice.
Civil cases
Page 1 | Standing Procedures Regarding Motions for Default Final Judgment
Plaintiffs must file a motion for default final judgment within seven days after entry of a Clerk’s Default.
Within seven (7) days of the entry of a Clerk’s Default, Plaintiff(s) must file a Motion for Default Final Judgment.
Civil cases
Page 1 | Standing Procedures Regarding Motions for Default Final Judgment
Service and Proof of Service Rules
Plaintiffs must send a copy of the motion to defendants’ counsel or directly to pro se defendants.
Plaintiff shall send a copy of the Motion to Defendant(s)’ counsel, or, if Defendant(s) are pro se, to Defendant(s) .
Civil cases
Page 1 | Standing Procedures Regarding Motions for Default Final Judgment
Adjournment & Extension Requirements
Motions to join parties and amend complaint must be filed within 60 days of joint scheduling report.
[approx. 60 days from the filing of All motions to join additional parties and the joint scheduling report] amend the complaint must be filed.
Civil cases
Page 1 | II. PRETRIAL DEADLINES
All discovery must be completed 135 days after joint scheduling report filing in expedited track.
[Expedited Track: counsel to input date that is 135 days from the filing of the joint scheduling report] All discovery shall be completed.
Civil cases
Page 2 | II. PRETRIAL DEADLINES
Extension requests must be filed at least 3 business days before the deadline.
Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought.
Civil cases
Extension requests must include conferral statement, prior requests, circumstances, relief period, and impact on dispositive motion/trial.
All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date.
Civil cases
Parties may stipulate to discovery extensions without motion, but cannot interfere with court deadlines without leave.
The parties may stipulate to extend the time to answer interrogatories, produce documents, and answer requests for admissions without the need to file a written motion or stipulation. However, no extension that interferes with the deadlines set forth above may be entered into without seeking leave of Court.
Civil cases
Chambers Communication Rules
The proposed order and proposed final judgment must be emailed to the Court in Word format at the specified address.
Pursuant to CM/ECF Administrative Procedures, the proposed order and proposed final judgment shall be submitted to the Court by e-mail in Word format at becerra@flsd.uscourts.gov.
Civil cases
Page 1 | Standing Procedures Regarding Motions for Default Final Judgment