Florida Supreme Court Amends Civil Rules

May 23, 2024: The Florida Supreme Court amends Florida Rules of Civil Procedure to "promote the fair and timely resolution of civil cases."

The amendments take effect January 1, 2025. Interested persons have 75 days to file comments with the Court.

Rules 1.200, 1.201, 1.280, 1.440, and 1.460 are amended to “create a framework for the active case management of civil cases with a focus on adhering to deadlines established early based on the complexity of the case.”

Rule 1.200 is “rewritten entirely” and mandates that civil cases must, no later than 120 days after an action commences, be assigned to one of three tracks: Complex, Streamlined, or General. Complex cases are governed by rule 1.201(a), which no longer requires a hearing to determine whether the case should proceed under the complex litigation procedures. Motions for trial continuances are governed by rule 1.460. There are 18 exceptions to rule 1.200’s applicability. Trial lawyers should review the exceptions.

If a party wishes to change the track, it must file a motion “promptly,” stating “good cause” for the requested change. The rule also requires trial courts to enter a case management order “that specifies the projected or actual trial period based on the track of the case.” The order must include at least eight specific deadlines and must be “differentiated based on whether the case is streamlined or general.” All deadlines must be “strictly enforced unless changed by court order.” Parties may, however, submit an agreed order to extend a deadline, provided the extension does not impact the parties’ ability to comply with the remaining deadlines.

Also, “[i]f a trial is not reached during the trial period set by court order, the court must enter an order setting a new trial period that is as soon as practicable, given the needs of the case and resources of the court.” Finally, the trial court may sua sponte set a case management conference. A party, on proper notice, may request a case management conference, and the “notice must identify the specific issues to be addressed during the case management conference and must also provide a list of all pending motions.”

Rule 1.280 is amended to incorporate “into the scope of discovery subdivision the proportionality language of Federal Rule of Civil Procedure 26(b)(1).” Rule 1.280 now requires certain initial discovery disclosures “within 60 days after the service of the complaint or joinder, unless a different time is set by court order.” The rule also “impose[s] a duty to supplement discovery.”

Rule 1.440 “eliminate[s] the ‘at issue’ requirement and instead provide[s] that ‘[t]he failure of the pleadings to be closed will not preclude the court from setting a case for trial.’” The trial court must “enter an order fixing the trial period 45 days before any projected trial period in a case management order.”

Rule 1.460 was also rewritten entirely and now provides that “[m]otions to continue trial are disfavored and should rarely be granted and then only upon good cause shown.” A motion to continue the trial must explain that “[i]f a continuance is granted based on the dilatory conduct of an attorney or named party, the court may impose sanctions.”

New rule 1.202 imposes a “duty” on the parties to meet and confer before filing a non-dispositive motion. The rule specifically excludes motions for “injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action.”

[T]he movant must file with the motion a statement certifying that the movant has conferred with the opposing party and stating whether the opposing party agrees on the resolution of the motion. A certification that the opposing party was unavailable for a conference before filing the motion should describe all efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion.

The parties are “expected to confer and attempt to resolve the issues raised in a motion before reserving hearing time.” The rule provides an example certificate of conferral.

Rule 1.510 is amended to provide that a response to a motion for summary judgment must be served “[n]o more than 60 days after service of the motion for summary judgment.” The changes eliminate the old deadline, which required service of the response at least 20 days before the hearing on summary judgment.?

The opinions are SC2023-0962 and SC2024-0662.

Florida Appeals specializes in trial support and appeals throughout Florida.