Local and Federal Rules
Many answers to frequently asked questions are found in the Federal Rules, the Local Rules for the Middle District of Florida, and the Middle District of Florida's Case Management/Electronic Case Files (CM/ECF) Administrative Procedures for Electronic Filing. The court expects counsel and pro se litigants to know and follow these rules.

Contacting Chambers
Counsel may call chambers with procedural questions and for other assistance. However, the law clerks will not give legal advice, interpret the rules, provide time estimates for the court's written rulings, or discuss the merits of a case.

Requests for Extensions of Time
Because the Middle District of Florida is one of the busiest trial courts in the country, extensions of court-imposed dates and deadlines will be granted only for compelling reasons. The court's permission is required to extend court-imposed dates and deadlines.

The court encourages the parties to work together in a collegial manner with respect to all pending matters; however, it is solely the court's province to grant an extension of time. Notably, after a defendant has been served, if that defendant needs additional time to respond to the complaint, that defendant should file a motion requesting an extension of time, rather than informally seeking an extension of time from plaintiff's counsel. An informal agreement without the benefit of a court order is insufficient. If defense counsel is a member of the Florida Bar but is not admitted to practice in the Middle District of Florida, defense counsel should reach out to Judge Covington's chambers, so appropriate arrangements can be made. If defense counsel does not meet the requirements for being admitted to practice in this court, defense counsel should retain local counsel and seek admission on a pro hac vice basis.

Notice of Unavailability of Counsel
A Notice of Unavailability of Counsel has no force or effect in this court. Counsel should not rely on filing a notice of unavailability to excuse his or her failure to appear before the court or to comply with deadlines or other procedural rules.

If counsel needs to extend a deadline or reschedule a proceeding, counsel must first confer with opposing counsel and then file a motion for an extension of time or continuance with the court.

Administrative Procedures for Electronic Filing
The Middle District of Florida mandates electronic filing through the CM/ECF system in most circumstances. Counsel and pro se litigants must review and follow the Middle District of Florida's CM/ECF Administrative Procedures for Electronic Filing when electronically filing on CM/ECF.

Optical Character Recognition
When possible, counsel who files a document on CM/ECF should scan the document with Optical Character Recognition. OCR converts scanned images into text and provides the ability to search text and copy and paste in a document. OCR is available in most scanning and PDF creation software packages. OCR is most effective on primarily text-based documents and is generally not beneficial for maps, photographs, charts, graphs, financial statements, and other non-text documents. Counsel using OCR are responsible for verifying reasonable accuracy and readability of the document.

Courtesy Copy
When filing motions electronically, it is not necessary to submit a courtesy copy to chambers unless the motion exceeds 100 pages in length, including exhibits and attachments. A courtesy copy should be mailed or delivered to chambers as soon as practicable after electronic filing.

Proposed Order
A proposed order is not necessary unless the court specifically requests one or the Local Rules require one. When submitting a proposed order, counsel must email it to the chambers inbox in Microsoft Word (.doc or .docx) format. Counsel must include the case name and number in the subject line.

Active Case Management
Amendments to the Federal Rules of Civil Procedure that became effective on December 1, 2023, respond to findings that early intervention by judges helps to narrow issues and reduce discovery. Litigation results are more satisfactory when a judge actively manages a case from the beginning and stays involved. The amendments do not break new ground; they emphasize the importance of early, hands-on, and continuing case management. The rules now recognize that live conferences are almost always the most effective way to identify the needs of a case and issue orders tailored to efficient resolution.

As such, the court actively manages and oversees its assigned cases to keep focus on the matters truly in dispute, alleviate unnecessary costs and delays, and facilitate speedy and just resolutions of the cases. However, the court shares case-management responsibility with the parties. The parties exercise first-level control and are the principal managers of their cases, but they do so under a schedule and other limitations established by the court.

Service of the Complaint
The court recognizes that the Federal Rules of Civil Procedure allow 90 days to effect service of process. However, the court expects counsel for the plaintiff to effect service upon all defendants as expeditiously as possible. Absent extraordinary circumstances, the court is disinclined to grant extensions of time beyond the 90-day period. The court will from time to time order status reports regarding service of the complaint until service has been completed as to each defendant. In addition, after service has been completed, the court directs counsel for plaintiff to file proof of service.

Counsel are reminded that it is solely within the purview of the court to grant an extension of time for the filing and service of a responsive pleading after the complaint has been served. Agreements between the parties are ineffective without court approval.

Case Management Report
As soon as practicable after the filing of a civil case, the clerk will designate the case on one of three tracks for future management purposes. For most Track Two cases, which are the majority of civil cases, parties must file the standard case management report in accordance with Local Rule 3.05. However, as explained below, the court directs counsel to file special case management reports for cases filed under the Fair Labor Standards Act (FLSA), Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Florida Consumer Collection Practices Act (FCCPA), and Title III of the Americans with Disabilities Act (ADA). In addition, because of the unique needs presented by patent infringement cases, the court directs counsel to file a special case management report for such cases.

Rule 16 Case Management Conferences
The court conducts a case management conference in most civil cases under Rule 16 of the Federal Rules of Civil Procedure. At the conference, the court and counsel will discuss the pretrial needs of a case and construct a tailored case management and scheduling order after addressing the following with counsel:

The length of the conference depends on the complexity of the case and the scope of matters to be discussed. In most cases, 45 minutes is adequate to explore the matters. Case management conferences are substantive hearings in which the nuances of the case are discussed. As such, the court requires lead counsel for the parties (as well as any pro se litigants) to attend the hearing in person. The court will not entertain motions to appear by telephone absent compelling circumstances.

Case Management and Scheduling Order
The court will enter a case management and scheduling order after holding a case management hearing. In some categories of suit (for instance, most ERISA cases), a case management conference ordinarily is not necessary, and the court will issue a case management and scheduling order shortly after the filing of a case management report.

Review the case management and scheduling order carefully. Calendar all dates to ensure timely submissions. The parties should make every effort to comply with the case management and scheduling order and are discouraged from filing motions for extensions of time. The case management and scheduling order may be modified only for good cause and with the court’s consent.

Fast Track Cases
Judge Covington places FLSA, TCPA, FDCPA, FCCPA, and ADA Title III cases on a fast track and enters specific scheduling orders for them.

Mediation
Mediation is required in almost all civil cases. The court requires mediation at different phases of the case depending on whether the case is a fast track case.

If the parties need to reschedule the mediation for a date within the court's mediation deadline, they must file a notice setting forth the new mediation date. However, if the parties seek to reset the mediation for a date outside the deadline, they must file a motion setting forth good cause. The court is reluctant to reschedule mediation to a date outside the deadline.

Final Pretrial Conference
The Court conducts a final pretrial conference in each civil case. At least one lawyer who will conduct the trial for each party and any unrepresented party must attend the conference in person. Appearances by telephone are not permitted.

A final pretrial conference is initially scheduled about three weeks before the first day of the trial term.

Matters discussed at the final pretrial conference usually include:

Closing Cases
For statistical purposes, the court will close civil cases after the entry of final judgment following a jury verdict, court decision, the parties' stipulation, or settlement. This will not affect the disposition of post-trial motions or the assessment of fees and costs as appropriate.

Form of Motions
All motions and cross-motions must include a concise statement of the precise relief requested, a statement of the basis for the request, and a memorandum of legal authority in support of the request. See . All motions and responses must be typewritten, double-spaced, and at least 12-point font. See Local Rule 1.05.

Hearings on Motions
The court does not regularly provide for oral argument on motions. If needed, the court will schedule oral arguments on selected pending motions as time permits on its calendar. The court will also consider a request by either party for oral argument.

Local Rule 3.01(g) Certification

Local Rule 3.01(g) requires a moving party to confer with opposing counsel in a good-faith effort to resolve the issue to be raised in a motion before filing a motion in a civil case. Thus, placing a phone call or sending an email is not sufficient. The rule also requires the moving party to file a statement certifying the conference and stating opposing counsel's position on the motion. The importance of Local Rule 3.01(g) in helping needless litigation cannot be overstated; therefore, failure to comply with the rule will result in the court denying or striking the motion.

Motions for Summary Judgment

Status Conferences
The court conducts monthly status conferences in all pending criminal cases. The court will discuss scheduling issues, possibility of a plea, length of trial, and whether the case is ready for trial.

The parties are not excused from the status conference unless the plea agreement has been executed, the change-of-plea hearing has been scheduled, and a notice of cancellation of the status conference has been docketed before the status conference date. If a plea is not accepted for whatever reason after the status conference, counsel must be prepared to go to trial and should not expect the failure of the plea to be grounds for a continuance.

The court allows lead counsel to send another attorney to the status conference to stand in for them when lead counsel is unavailable. However, stand-in counsel must have the authority to waive a speedy trial and request a continuance. If lead counsel is unavailable to appear in person, the court also permits appearance by telephone. Make the appropriate arrangements by contacting the courtroom deputy at least three days before the scheduled conference.

Change of Plea
A change of plea is referred to the assigned magistrate judge. A change of plea must be entered with the assigned magistrate judge by the established plea deadline unless otherwise permitted by the court.

Discovery
Discovery issues are referred to the assigned magistrate judge.

Sentencing
Counsel must promptly notify the court if a sentencing hearing is expected to last longer than 45 minutes so appropriate arrangements can be made. Sentencing memoranda should be filed at least three business days before the sentencing date to give the court a sufficient opportunity to review the material.

Absent extraordinary circumstances, the court will not consider motions to continue that are not filed at least 10 days before the sentencing hearing.

General
The court requires counsel to use the technology and equipment available in the courtroom and expects counsel to be familiar with the equipment before any trial or hearing. Counsel should contact the courtroom deputy to test or be trained on the equipment well in advance. Failure to do so may result in the equipment not being available for use.

Personal Electronic Devices
Parties must review the Middle District of Florida's policy on possessing and using personal electronic devices in Local Rule 7.02 (e.g., cellular phones, laptop computers, iPads, and tablets) in the courthouse. Under this policy, lawyers permitted to practice in the Middle District of Florida may bring personal electronic devices beyond the courthouse's security checkpoint by presenting a valid Florida Bar identification card or pro hac vice order.

Evidence Presentation System
The courtroom is equipped with an evidence presentation system. This system allows counsel with their laptop computer, iPad, or tablet to present evidence simultaneously in the courtroom through a system of interconnected video liquid crystal displays (LCD). The system allows lawyers to:

The evidence presentation system in courtroom 14B consists of:

To use the evidence presentation systems, counsel must bring necessary connection adapters, such as DisplayPort or Thunderbolt, for their laptop computer or iPad, if not equipped with VGA connections. The court's evidence presentation system native video resolution is 1024p x 768p. Typically, the system will automatically scale the video input on counsel's laptop computer to match the system. However, sometimes the resolution of counsel's laptop computer may need to be set at 1024p x 768p before connecting to the system. Third-party presentation software like Sanction, Trial Director, and PowerPoint are compatible with the system.

The court does not provide any equipment to present scanned documents, animations, graphics, or audio and video files from VHS, CD, DVD, Blu-ray, or external drives like a USB thumb drive. All files must be presented from counsel's laptop computer. Counsel is responsible for operating the evidence presentation system, and court employees are not authorized to operate counsel's laptop computer.

Wireless Internet
The courtroom has wireless internet access, provided and paid for by the Bench Bar Fund. The courtroom deputy has the username and password.

Hours
The court typically conducts trial from 9:00 AM to 5:00 PM with two 15-minute breaks and a lunch recess. This schedule may change as circumstances dictate.

Jury Selection and Voir Dire
Jury selection is typically set for the Monday morning of the week a trial is set to begin. The court conducts voir dire. Counsel are allowed brief follow-up questions depending on the nature of the case. Eight jurors are seated for civil cases, with all eight jurors deliberating. For criminal cases, 12 jurors are selected, normally with one or two alternates.

Jury Instructions and Verdict Forms
In accordance with the applicable case management and scheduling order, counsel must file and serve proposed jury instructions and verdict forms based on the United States Court of Appeals for the Eleventh Circuit Pattern Jury Instructions. If a pattern instruction is not available for a certain type of instruction, counsel must submit a proposed instruction, citing authority that supports the requested non-pattern instruction. In addition, counsel must email proposed jury instructions and verdict forms in Microsoft Word format (.doc or .docx) to the chambers inbox. Include the case number and case name in the subject line. The parties should use the Eleventh Circuit's jury instruction builder.

Witness Lists
In accordance with the applicable case management and scheduling order, counsel for each party must file and exchange a list of all witnesses who might be called at trial. Counsel must use the witness list form found on this website. When completing the form, counsel may ignore the column titled "Date(s) Testified," as that column is reserved for the court. In addition, on the morning of the first day of trial, counsel for each party must provide three copies of the final witness list to the courtroom deputy.

Absent good cause, the court will not permit the testimony of unlisted witnesses at trial over objection. This restriction does not apply to true rebuttal witnesses (i.e., witnesses whose testimony could not have been reasonably foreseen as necessary).

Exhibit Lists
In accordance with the applicable case management and scheduling order, counsel for each party must file and exchange a list of exhibits that might be introduced at trial. Counsel must use the exhibit list form found on this website. In completing the form, counsel must provide a descriptive notation sufficient to identify each exhibit.

In addition, on the morning of trial, before jury selection, counsel must provide the courtroom deputy with three copies of their respective exhibit lists and email the lists in Microsoft Word format (.doc or .docx) to the chambers inbox. Include the case number and case name in the subject line.

To avoid duplicate exhibits and confusion in the record, counsel must submit all stipulated exhibits as joint exhibits. Counsel must identify joint exhibits on a single exhibit list rather than separately list the joint exhibits on their individual exhibit lists. For example, if photographs or medical records are being stipulated into evidence, they should be marked as a joint exhibit and not listed separately by both (all) parties' witness lists. Each party's exhibit list should include only additional exhibits to which objections have been asserted.

Marking Exhibits
Before trial, counsel for each party must mark exhibits using the exhibit tags found on this website. Counsel must staple the appropriate party-specific exhibit tag to the upper right corner of the first page.

In completing the exhibit tags, the parties must use consecutive numbers to mark exhibits. For example:

Electronic Exhibit Binder
On or before the morning of trial, before jury selection, counsel for each party must provide the court with an electronic exhibit binder that contains all individual exhibits and joint exhibits each party intends to introduce at trial. The exhibits must be saved as PDF documents and compiled into a single PDF file. Counsel must identify each exhibit separately using PDF bookmarks.

If an exhibit is physical evidence (e.g., drugs, ammunition, firearm), counsel should insert a placeholder exhibit that states, "Exhibit [Number] is [description of exhibit]." If an exhibit contains child pornographic images, counsel should either (a) provide a redacted version of the exhibit, or (b) insert a placeholder exhibit that states, "Exhibit [Number] contains child pornographic images."

The electronic exhibit binder must be emailed to the chambers inbox. Include the case number and case name in the subject line. If the file containing the binder is too large to email, counsel should provide the court with a single CD or DVD of the binder.

Deposition Testimony
Parties must file with the court color-coded copies of deposition transcripts (preferably mini-script versions) reflecting, in different highlighted colors, the deposition excerpts each party has designated to be read at trial, with objections noted in the margin, five days before the beginning of the trial term. Parties should submit unresolved objections to video-recorded depositions to the court 10 days before the trial term.

Bench Trials
After the conclusion of the bench trial, the court will direct counsel for each party to file proposed findings of fact and conclusions of law (usually 60 days after the trial). The proposed findings of fact and conclusions of law must be emailed to the chambers inbox in Microsoft Word format (.doc or .docx) .