Judge Ryon M. McCabe
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
Discovery motions and responses are limited to 5 pages; replies are prohibited (0 pages).
- Discovery motion
- Up to 5 pages
- Opposition
- Up to 5 pages
Court's wording
All discovery motions shall be no longer than five (5) pages. The purpose of the motion is merely to frame the discovery issues and succinctly explain the dispute. The moving party MUST attach as exhibits any materials relevant to the discovery dispute (e.g., discovery demands and discovery responses), and shall describe the attachment pursuant to the Court’s CM/ECF procedures, Rule 3L(2). The motion must also cite to the best supporting legal authority. The opposing party must file a response to the motion, no longer than five (5) pages, within five (5) business days of service of the discovery motion. No reply shall be permitted.
Document Filing Requirements5 rules
The movant shall include in the motion a certificate of good faith that complies with Local Rule 7.1(a)(3). See S.D. Fla. L.R. 7.1(a)(3).
- Document
- Discovery motion
Must include
- •Local rule certificate
- •Certificate of conference
Discovery motions must include as exhibits all relevant materials (e.g., discovery demands, responses) described per CM/ECF Rule 3L(2).
Court's wording
The moving party MUST attach as exhibits any materials relevant to the discovery dispute (e.g., discovery demands and discovery responses), and shall describe the attachment pursuant to the Court’s CM/ECF procedures, Rule 3L(2).
The motion must also cite to the best supporting legal authority.
- Document
- Discovery motion
Must include
- •Legal argument
If a party raises a general objection of privilege without attaching a proper privilege log, the objection of privilege may be deemed waived.
Privilege objections must identify the specific privilege nature, communication details, and sender/receiver relationships per Local Rule 26.1(e)(2)(B).
Court's wording
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 sender and receiver of the communication and their relationship to each other.
Filing & Service rules
Filing Timing and Cure Windows
Responses to discovery motions must be filed within 5 business days of service of the discovery motion.
The opposing party must file a response to the motion, no longer than five (5) pages, within five (5) business days of service of the discovery motion.
Civil cases
Page 2 | I. PROCEDURES FOR DISCOVERY DISPUTES
Pre-Motion Conference Requirements
Parties must confer in person, by phone, or via Zoom to resolve discovery disputes before filing a discovery motion; email alone is insufficient.
If a discovery dispute arises, the parties must actually speak to one another, either in person, via telephone, or via Zoom to resolve their discovery disputes before seeking court intervention. E-mail correspondence alone does not constitute a sufficient conferral. As such, counsel shall discuss the available options for resolving the dispute without court intervention and make a concerted, good faith effort to arrive at a mutually acceptable resolution.
Civil cases
Page 1 | I. PROCEDURES FOR DISCOVERY DISPUTES
Adjournment & Extension Requirements
Parties may agree to extensions of interim discovery deadlines without court approval if they do not impact the discovery cutoff or scheduling order deadlines.
The parties may agree to extensions of interim discovery deadlines, such as responding to discovery requests, without Court involvement as long as such extensions do not impact the overall discovery cutoff deadline or other deadlines in the Scheduling Order.
Civil cases
Page 2 | I. PROCEDURES FOR DISCOVERY DISPUTES
Chambers Communication Rules
The Court will not accept telephone requests for immediate rulings on deposition conduct or objections during ongoing depositions.
The Court will not entertain telephone requests or other attempts to obtain immediate rulings on deposition conduct or objections while a deposition is ongoing. If a dispute arises during a deposition, the parties shall proceed with the deposition as they deem appropriate and may raise the issue with the Court through an appropriate post-deposition motion.
Civil cases
Page 2 | I. PROCEDURES FOR DISCOVERY DISPUTES
If those efforts are successful, counsel should contact United States Magistrate Judge McCabe’s chambers (McCabe@flsd.us.courts.gov) as soon as practicable so that the hearing can be timely canceled. Alternatively, if the parties resolve some, but not all, of their issues before the hearing, counsel shall timely contact chambers to relay which issues are no longer in dispute.
If those efforts are successful, counsel should contact United States Magistrate Judge McCabe’s chambers (McCabe@flsd.us.courts.gov) as soon as practicable so that the hearing can be timely canceled. Alternatively, if the parties resolve some, but not all, of their issues before the hearing, counsel shall timely contact chambers to relay which issues are no longer in dispute.
Civil cases
Page 2 | I. PROCEDURES FOR DISCOVERY DISPUTES
Junior Lawyer Participation Incentives
The Court strongly encourages attorneys with five or fewer years of experience to participate in all court proceedings, including discovery hearings.
The Court strongly encourages the participation of attorneys with five years or less experience in all court proceedings, such as discovery hearings, especially where the attorney has been significantly involved in the litigation.
Civil cases
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