Amended Florida Rules of Civil Procedure Now in Effect

Fla. R. Civ. P. 1.090 (extensions of time)

Requests for extensions of time must be made before the subject event and require a showing of good cause. Any post-deadline request for extension requires a showing of excusable neglect.

Fla. R. Civ. P. 1.200 (case management and pretrial procedure)

The amended rule requires case management orders (“CMOs”) to set deadlines for resolution and filing of objections to pleadings and pre-trial motions. The amended rule also requires CMOs to set a deadline for filing and resolution of motions for summary judgment.

Fla. R. Civ. P. 1.201 (complex litigation)

The amended rule requires CMOs in cases designated as complex to comply with Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B), which in turn,  mandates cases be tried within 30 months after the date of initial service or 120 days after the date of initiation of the action, whichever is first.

Fla. R. Civ. P. 1.202 (meet and confer)

The amended rule requires the filer of a motion to certify if the motion does not require the parties to meet and confer. It further excludes the following motions from the meet-and-confer requirement:

1. for time to extend service of initial process;
2. for default;
3. for injunctive relief;
4. for judgment on the pleadings;
5. for summary judgment;
6. to dismiss for failure to state a claim on which relief can be granted;
7. to permit maintenance of a class action;
8. to involuntarily dismiss an action;
9. to dismiss for failure to prosecute;
10. for directed verdict and motions filed under rule 1.530;
11. for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570;
12. for writ of possession under rule 1.580;
13. filed in actions proceeding under section 51.011, Florida Statutes; and
14. that do not require notice to the other party under statute or rule.

It also removes the meet and confer requirement when the non-movant is pro-se. 

Fla. R. Civ. P. 1.280 (general provisions regarding discovery)

The amended rule prevents discovery practice until the party initiating litigation complies with the initial disclosure rules. It also allows for sanctions if a party fails to or incorrectly certifies that the initial disclosures are to the best of the signatory’s knowledge.

Fla. R. Civ. P. 1.340 and 1.350 (interrogatories and requests for production)

The amended rule requires objections to Interrogatories and requests for production to be stated with specificity. Any grounds not specifically stated are waived.

Fla. R. Civ. P. 1.380 (failure to make discovery, sanctions)

The amended rule allows any party to move to compel compliance with the disclosure requirements of Florida Rule of Civil Procedure 1.280. It also allows the discovering party to compel disclosure of the identity of a corporate representative, site inspection, and documents under Florida Rule of Civil Procedure 1.350.

Should a party fail to disclose information or a witness, the party will not be allowed to use the witness or information at trial unless the failure to disclose is harmless or substantially justified. The court may also impose sanctions, such as: award costs related to the failure; inform the jury of the failure to disclose; or any other sanctions the court deems appropriate.

Fla. R. Civ. P. 1.460 (motions to continue)

The amended rule removes the meet and confer requirement for motions to continue.  A meet and confer would still be required under Florida Rule of Civil Procedure 1.202.

Fla. R. Civ. P. 1.510 (summary judgment)

The amended rule requires responses to motions for summary judgment to be filed within 40 days of service of the motion for summary judgment. Accordingly, the new rule relates the time for filing a response to the filing of the motion for summary judgment, not the time of the hearing.  It also requires hearing be scheduled not earlier than 10 days after the response is filed.