12, Local Rule 3.01, and Local Rule 3.01(g).Īfter the period for discovery, it may appear that the facts are undisputed, and any party may file a motion for summary judgment.
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Before filing most motions, counsel for the party filing the motion (or the party filing the motion if unrepresented) has to discuss the issue with counsel for the other side (or the party on the other side if unrepresented) to determine if the issue can be resolved among the parties without court intervention. 26–37, Local Rule 3.03, and the Middle District of Florida Discovery Handbook.Īny party may file a motion regarding discovery or other issues. Discovery can be through a request for an admission, an interrogatory, a request for production of a document, a request to inspect property, or a deposition. Discovery is the process by which parties request from the other side or third parties information or documents that relate to a claim or defense in the case. 9.Īfter the parties have met and filed the case management report, discovery can begin. 26(f), Local Rule 3.05(c), and Local Rules Ch. Most case management and scheduling orders will also direct the parties to try to settle the lawsuit through a formal mediation process before a certified mediator. Based on the case management report, the assigned United States Magistrate Judge or United States District Judge will enter a case management and scheduling order that governs deadlines and dates in the case. The report addresses discovery and scheduling matters. In most cases, the parties (or counsel for the parties if represented) must meet and prepare a case management report. Once a complaint has been filed, the clerk will enter a "track notice" setting deadlines. CASE MANAGEMENT REPORT AND CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION.If a defendant does not cure the default after entry of default by the clerk, the plaintiff must file a motion for default judgment seeking an award of the relief the plaintiff sought in the complaint if the well pleaded allegations establish a claim and the relief is warranted. If a defendant does not answer or otherwise respond to the complaint, the plaintiff may file a motion for the entry of default by the clerk. Alternatively, the defendant may file a motion to dismiss the complaint for various reasons, like lack of subject matter jurisdiction, lack of personal jurisdiction, failure to state a claim on which relief may be granted, failure to plead fraud or mistake with particularity, improper venue, and failure to join indispensable parties. A defendant has 21 days (or, if the defendant is the United States, 60 days) to file an answer after being served with the complaint and the summons. The answer is the defendant's response to the complaint. If they do not, the United States District Judge will preside. If both parties consent, the United States Magistrate Judge may preside over the lawsuit, including the trial. A United States Magistrate Judge handles pretrial motions and hearings. 5.Įach lawsuit is assigned to both a United States Magistrate Judge and a United States District Judge.
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The plaintiff is responsible for service unless the court has granted a motion to proceed without paying fees. § 1914.Ī private process server, Deputy United States Marshal, or other appropriate person delivers the complaint and a summons to each defendant to notify each defendant that a lawsuit has been filed against the defendant.
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If the motion to proceed without fees is denied, the plaintiff must pay the fees for the lawsuit to move forward. If the motion to proceed without fees is granted, the plaintiff need not pay the fees for the lawsuit to move forward. The plaintiff files the motion with the clerk. § 1914.Ī motion to proceed without fees is a written document in which the plaintiff asks the court to proceed without paying fees because the plaintiff cannot afford to pay both them and for the necessities of life. When a defendant removes a case from state court to federal court, the defendant pays the federal court’s filing fee. When the plaintiff files the complaint, the plaintiff must pay fees. There are forms for complaints of various types, a civil cover sheet, and a summons on the website. With the complaint, the plaintiff must file a civil cover sheet and summons for each defendant.
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The plaintiff files the complaint with the clerk. The complaint sets out the plaintiff's claim against the defendant or defendants. The complaint is the written document that begins a lawsuit. Links to the rules referenced within the flowchart are immediately below it in the Resources section. Hover your cursor over the rectangles on the flowchart to learn more about the steps involved in a civil case.