Judge Panayotta Augustin-Birch
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Chambers
Page & Word Limits3 rules
party shall file through the Court’s electronic filing system (CM/ECF) a concise discovery motion of no more than three pages.
- Discovery motion
- Up to 3 pages
The responding party shall file a response of no more than three pages within two business days of receiving the discovery motion.
- Discovery motion response
- Up to 3 pages
The initiating party may file a reply of no more than two pages within one business day of receiving the response.
- Page limit
- Up to 2 pages
Document Format Requirements1 rule
Electronic devices are prohibited in federal courthouses except for specified categories.
Court's wording
All electronic devices including but not limited to Cellular Phones, Pagers, Personal Data Assistants (PDA), Laptop Computers, Tape Recorders, etc., are prohibited from being brought into any federal courthouse facility within the Southern District of Florida with the following exceptions:
Document Filing Requirements8 rules
Vague, overly broad, or unduly burdensome objections must include specific explanations and supporting evidence.
Court's wording
Objections stating that a discovery request is vague, overly broad, or unduly burdensome are, standing alone, meaningless and will be found meritless by this Court. A party objecting on these grounds shall specifically explain the particular way in which the request is vague, overly broad, or unduly burdensome. In addition, claims of undue burden shall be supported by a statement (generally an affidavit) with specific information demonstrating how the request is unduly burdensome.
Parties must confer with opposing counsel before objecting to vague requests and must explain relevance/disproportionate objections.
Court's wording
If a party believes that a request or a term is vague, that party shall attempt to obtain clarification from opposing counsel prior to objecting on the ground of vagueness. If a party asserts that a request seeks irrelevant material, the objection shall say so and explain why. If a party asserts that a request seeks material that is relevant but excessive or cumulative, the objection shall state that the request is disproportionate and explain why.
Boilerplate and general objections are prohibited; objections must state specific grounds.
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.”); Fed. R. Civ. P. 33(b)(4) and 34(b)(2)(B). The parties also shall not make general objections that are not tied to a particular discovery request. Such objections are meaningless and will be found meritless by this Court.
Generalized privilege objections are prohibited; parties must follow Local Rule 26.1(e)(2) and prepare privilege logs.
- Document
- Discovery 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. The parties are instructed to carefully review and comply with Local Rule 26.1(e)(2) when asserting a privilege. If a party fails to prepare a privilege log when required, the Court may deem an objection based on privilege waived.
Formulaic objections followed by answers are prohibited as they waste time and create uncertainty.
Court's wording
The parties shall not recite a formulaic objection followed by an answer to the request. It has become common practice for a party to object on the basis of any of the above reasons and then state that, notwithstanding the objection, the party will respond to the discovery request, subject to or without waiving the objection. This type of objection and answer preserves nothing and serves only to waste the time and resources of the parties and the Court. Furthermore, such practice leaves the requesting party uncertain as to whether the question has been fully answered.
Arguments must be in briefing; cannot reference counsel communications.
Must include
- •Arguments in briefing
Court's wording
The parties must make their arguments in the briefing itself and may not incorporate by reference or otherwise direct the Court to review communications between counsel (such as conferral letters or emails) to understand their arguments.
Any objection that a discovery request is not reasonably calculated to lead to admissible evidence is an objection that is based on an outdated discovery standard. Such an objection is
Parties should focus briefing on legal arguments, not case background.
Court's wording
The parties need not use a significant portion of their briefing allotment to apprise the Court of the claims and allegations being made in the case or the procedural background of the case. The Court will review the pleadings and docket to familiarize itself with the background of the case.
Filing & Service rules
Pre-Motion Conference Requirements
Non-compliant discovery motions will be denied.
The Court will deny a discovery motion if the filing party has not complied with these procedures.
Civil cases
Counsel must confer in good faith before seeking court intervention for discovery disputes.
If a discovery dispute arises, counsel must actually speak to one another (in person or via telephone or videoconference) in a genuine effort to resolve the disputed matter prior to seeking Court intervention.
Civil cases
Discovery motions require compliance with pre-filing procedures.
No party may file a disputed discovery motion, including a motion to compel, motion for confidentiality or protective order, or motion for discovery-related sanctions, unless the party has complied with the above procedures.
Civil cases
Joint motions exempt from pre-filing procedures.
The parties may file joint motions, such as a joint motion for entry of a stipulated confidentiality or protective order, without complying with the above procedures.
Civil cases
Chambers Communication Rules
News reporters may bring devices with written agreement to use only text mode and no recording.
G. Upon application and approval, news reporters may bring into courthouses cellular phones, mobile electronic devices and laptops, and may utilize the wireless capabilities of those devices, as long as the news reporters agree in writing to use their electronic device inside the District's courtrooms only in text function mode consistent with this Order. Reporters also must agree in writing to not record or transmit in any way audio, still photography, or video from anywhere inside courthouses nor from inside courtrooms, and agree to not transmit a live feed of any of the aforementioned at any time. Nor may they create a verbatim record of any proceeding. They must acknowledge in writing that a knowing or willful violation of the agreement will result in contempt of court. The Clerk of Court shall keep the list of reporters who have signed such agreement and make that list
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A. A written request signed by a judge or other designated authority, forwarded to the United States Marshal for verification, allowing a specific person access to the courthouse with a specific electronic device for a specific purpose and period of time; or,
A. A written request signed by a judge or other designated authority, forwarded to the United States Marshal for verification, allowing a specific person access to the courthouse with a specific electronic device for a specific purpose and period of time; or,
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Parties must confirm hearing availability with opposing counsel before finalizing with Chambers.
The Court will provide the telephoning party with available dates and times for a hearing. That party shall confer with opposing counsel to confirm availability and then contact Chambers again to finalize the hearing date and time.
Civil cases
The Court expects a party seeking to schedule a hearing to make multiple attempts to reach opposing counsel to confirm availability. However, should opposing counsel fail to respond to those attempts within three business days, the party may contact Chambers to finalize a hearing date and time that comports with the party's own availability.
The Court expects a party seeking to schedule a hearing to make multiple attempts to reach opposing counsel to confirm availability. However, should opposing counsel fail to respond to those attempts within three business days, the party may contact Chambers to finalize a hearing date and time that comports with the party's own availability.
Civil cases
Contact Chambers at (954) 769-5460 to schedule discovery hearings.
If, after conferring, the parties are unable to resolve a discovery dispute without Court intervention, then a party may seek a hearing by contacting Chambers at (954) 769-5460 to place the matter on the Court's calendar.
Civil cases
First discovery hearings typically held via Zoom unless otherwise requested.
Unless a party requests otherwise, the Court typically will hold the first discovery hearing in a case via Zoom Video Teleconference.
Civil cases
Jurors and witnesses with subpoenas may bring phones and e-readers.
F. Prospective jurors and seated jurors and witnesses with subpoenas shall be permitted to bring in their cellular phones (with or without their integrated cameras) and electronic book readers of any kind, including but not limited to Kindles, Nooks, iPads, and any type of electronic tablet reading device; or,
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Attorneys with valid Florida Bar ID or pro hac vice order may bring electronic devices.
E. Any attorney permitted to practice law within the Southern District of Florida with a valid Florida Bar identification card or pro hac vice order having business within the facility. This applies to attorneys only and precludes staff, investigators, clients, etc.; or,
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Federal courthouse employees with valid ID may bring electronic devices.
B. Any federal courthouse employee (United States Probation, Clerk's Office, Chambers Staff, and United States Marshals Service) with valid permanent government employee identification; or,
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Federal prosecutors and defenders with valid ID may bring electronic devices.
C. Any attorney or employee of the United States Attorney's Office, the Federal Public Defender's Office or the United States Bankruptcy Trustee with a valid identification card issued from that office; or,
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D. Any Special Agent for the United States Government or other law enforcement officer authorized to enforce the law within the Southern District of Florida, having official business within the courthouse facility and possessing a valid agency/department issued identification badge; or,
D. Any Special Agent for the United States Government or other law enforcement officer authorized to enforce the law within the Southern District of Florida, having official business within the courthouse facility and possessing a valid agency/department issued identification badge; or,
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Junior Lawyer Participation Incentives
Junior attorneys (5 years or less) may have multiple attorneys argue.
Should a party advise the Court prior to the beginning of a hearing that an attorney with five or fewer years of experience will be arguing a matter, the Court will permit multiple attorneys to argue on that party’s behalf.
Civil cases