The appointment of counsel and counsel’s obligations in the representation of indigent defendants
in criminal proceedings pursuant to Federal Rule of Criminal Procedure 44 shall be in accordance
with the “Plan of the United States District Court for the Southern District of Florida Pursuant to
the Criminal Justice Act of 1964, as Amended.” The current plan is available on the Court’s
website (www.flsd.uscourts.gov).
Effective December 1, 1994. Amended effective April 15, 2007; December 3, 2012; December 1,
2015.
Authority
(1993) Former Local Rule 17, updated.
RULE 88.2. POST CONVICTION, HABEAS CORPUS, AND CIVIL
RIGHTS PROCEEDINGS
(a) The following petitions, motions, and complaints must substantially follow the forms, if any,
prescribed by the Court and obtained from the Clerk of the Court upon request:
(1) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (common law
habeas corpus),
(2) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (state prisoner
attacking conviction),
(3) Motions to Vacate pursuant to 28 U.S.C. § 2255 (federal prisoner attacking
conviction),
(4) Civil rights complaints pursuant to 42 U.S.C. § 1983 (Constitutional deprivation
under color of state law),
(5) Civil rights complaints pursuant to Bivens v. Six Unknown Federal Narcotics
Agents, 403 U.S. 388 (1971) (Constitutional deprivation under color of federal law).
Each must be signed under penalty of perjury by petitioner/movant or by a person
authorized to sign it for petitioner/movant and, together with filing fee, if any, shall
be filed in the Clerk’s Office and served according to Federal Rule of Civil
Procedure 5.
(b) When a petition, motion to vacate, or complaint is submitted in forma pauperis, the
petitioner/movant/plaintiff shall submit the form “Application to Proceed Without Prepayment
of Fees and Affidavit,” which may be obtained from the Clerk of the Court, or an affidavit
which substantially follows the form, and shall, under oath, set forth information which
establishes that he or she is unable to pay the fees and costs of the proceedings referenced
above.
Effective December 1, 1994. Amended effective April 15, 2007; April 15, 2010; April 15, 2011;
December 1, 2011; December 1, 2015.
Authority
(1993) Former Local Rule 18.
RULE 88.3. PETTY AND CERTAIN MISDEMEANOR OFFENSES
(a) Covered Offenses. This Rule shall apply to petty offenses, as defined in 18 U.S.C. § 19, and
to certain misdemeanors as shall be identified from time to time by the Court in collateral
schedules. Collectively, these petty offenses and identified misdemeanors shall be referred to
for purposes of this Rule as “covered offenses.”
(b) Collateral and Mandatory Appearance.
(1) Covered offenses that are committed on or within the perimeter of Federally-owned
or controlled buildings or within the boundaries of National Parks, Preserves,
Historic Sites, or Government Reservations, including but not limited to military
installations, and violations under various Treaties and Wildlife Acts, for which
collateral may be posted and forfeited in lieu of appearance by the person charged,
together with the amount of collateral to be posted and offenses for which a
mandatory appearance is required shall be in accordance with schedules which may
from time to time be approved by the Court and filed with the Clerk of the Court.
(2) Collateral may not be posted for any covered offense if the alleged violator has
previously been convicted of any such offense.
(c) Forfeiture of Collateral.
(1) Any person issued a violation notice for a covered offense for which collateral can
be posted may, upon request of the issuing officer, post the required amount by
placing cash, personal check or money order in the official violation notice
envelope and, after sealing same, delivering it to authorized personnel at a
designated office where a receipt will be given. All such envelopes received will
be forwarded via mail each day, except for those containing cash which shall be
personally delivered to the Clerk of the Court.
(2) The posting of collateral shall signify that the offender does not wish to appear nor
request a hearing before the Judge. Collateral so posted shall be forfeited to the
United States and the proceedings shall be terminated.
(d) Failure to Post Collateral.
(1) If a person charged with a covered offense for which collateral is required fails to
post and forfeit collateral, any punishment, including fine, imprisonment or
probation may be imposed within the limits established by law upon conviction by
plea or after trial.
(2) No person shall be detained for failure to post collateral for a covered offense for
which collateral may be posted unless the person is placed under arrest.
(e) Arrest. Nothing contained in these Local Rules shall prohibit a law enforcement officer from
arresting an alleged violator for the commission of any offense, including those for which
collateral may be posted or mandatory appearance required, and forthwith notifying a
Magistrate Judge for the purpose of appearance or setting bail.
(Schedule of fines and mandatory appearance is on file with Clerk’s Office and agencies
charged with enforcement thereof.)
Effective December 1, 1994. Amended effective April 15, 2006; April 15, 2007; April 15, 2009;
April 15, 2010; December 1, 2011, December 1, 2015; December 2, 2019.
Authority
(1993) Former Local Rule 22.
(2011) Amended to merge Local Rule 88.4 into Local Rule 88.3.
