January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases are litigated in the state.
The rule changes were first announced on May 23, 2024. Subsequent amendments to these rules were announced December 5, 2024. Here are the highlights practitioners should be aware of:
1. Rule 1.200 Case Management; Pretrial Procedure:
The rule has been rewritten in its entirety. Except to those types of cases expressly listed in the rule, within 120 days of commencement, civil cases must be assigned to one of three tracks: (1) “complex” (which proceed as provided under 1.201); (2) “streamlined”; or (3) “general”. Fla. R. Civ. P. 1.200(b). Case management orders shall be issued for each tracked case. The orders must specify the projected or actual trial period and set case management deadlines as provided for in the rules (examples include adding new parties, completion of fact and expert discovery, completion of ADR). Fla. R. Civ. P. 1.200(d). The rules provide that “deadlines in a case management order must be strictly enforced unless changed by court order.” Fla. R. Civ. P. 1.200(e)(1). However, agreed orders extending deadlines are allowed “if the extension does not affect the ability to comply with the remaining dates in the case management order;” otherwise, the parties must move to amend the case management order as provided in the rules. Id. Notices of unavailability have no effect on any deadline. Fla. R. Civ. P. 1.200(f). For streamlined and general cases, case management conferences are not required. However, the rule provides for case management conference procedures. The rule also details pretrial conference procedures.
2. Rule 1.202 Conferral Prior to Filing Motions:
Rule 1.202 governs conferral prior to filing motions and has been added to the rules. The rule provides that for all motions except those specifically exempt under 1.202(c), the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion. The rule also provides that the movant must file a certificate of conferral with the motion. Fla. R. Civ. P. 1.202(b). The rule provides the language for the certificate. Id. Examples of motions exempt include a motion 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. Fla. R. Civ. P. 1.202(c). Rule 1.202(d) was added to explain that the failure to comply with the rule’s conferral requirements “may result in an appropriate sanction, including denial of a motion without prejudice” and that the “purposeful evasion” of conferral communication “may result in an appropriate sanction.” However, the rule’s requirements do not apply when the movant or the nonmovant is unrepresented. Fla. R. Civ. P. 1.202(c).
3. Rule 1.280 General Provisions Governing Discovery:
The rule requires initial discovery disclosures to be made within 60 days of service of the complaint. Fla. R. Civ. P. 1.280(a)(3). Such disclosures include: (1) the names and contact information of each individual likely to have discoverable information—along with the subjects of that information; (2) copies or descriptions by category and location of all documents, ESI, and tangible things in the disclosing party’s possession, custody, or control that a party may use to support its claims or defenses; (3) computations of each category of damages claimed; and (4) copies of any insurance policies which may be liable to satisfy any judgment. Fla. R. Civ. P. 1.280(a)(1). The rule has been amended to require that parties must supplement their discovery responses. Rule 1.280(g). The rule’s commentary has been amended to explain that the rule is to be construed and applied in accordance with the federal proportionality standard under Fed. R. Civ. P. 26(b)(1).
4. Rule 1.350 Production of Documents and Things and Entry on Land for Inspection and Other Purposes:
Rule 1.350 governs production of documents and things and entry upon land for inspection and other purposes. The rules has been amended three ways. First, 1.350 was amended to require providing grounds for objecting “with specificity,” “including the reasons.” Fla. R. Civ. P. 1.350(b)(5). Second, the rule was amended to provide that “[a]n objection must state whether any responsive materials are being withheld on the basis of that objection.” Fla. R. Civ. P. 1.350(b)(6). Third, the rule was amended to provide that “[a]n objection to part of a request must specify the part and permit inspection of the rest.” Id. These amendments reflect language in the federal rules.
5. Rule 1.380. Failure to Make Discovery; Sanctions:
Rule 1.380 has been amended to provide an enforcement mechanism for initial disclosures and supplemental discovery obligations. Rule 1.380(d) has been added to provide that “[i]f a party fails to provide information or identify a witness as required by rule 1.280(a) or (g), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless.” Rule 1.380(d) provides other sanctions “in addition to or instead of this sanction” including: payment of attorneys’ fees and informing the jury of the party’s failure. A sanction was added for a violation of the discovery certification previously added to rule 1.280.
6. Rule 1.440 Setting Action for Trial:
The rule has been amended to remove the “at issue” requirement. The rule now provides that the failure of the pleadings to be closed will not preclude the court from setting a case for trial. Fla. R. Civ. P. 1.440(a). The rule provides the procedures for fixing the trial period based off of the projected trial period in the case management conference.
7. Rule 1.460 Motions to Continue Trial:
Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. Fla. R. Civ. P. 1.460(a). Successive continuances are highly disfavored. Id. Lack of due diligence in preparing for trial is not grounds to continue the case. Id. Motions for continuance must be in writing and must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and (4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties. Fla. R. Civ. P. 1.460(d). The rule details efforts the courts should take to avoid continuances. Fla. R. Civ. P. 1.460(e). Orders granting continuances must state, either in writing or on the record, the factual basis for the ruling and must either set a new trial date or set a case management conference. Fla. R. Civ. P. 1.460(h).
8. Rule 1.510 Summary Judgment:
The rule has been amended decouple filing and response times from the hearing date. The rule now provides that: i) the motion will be due consistent with the deadlines in the case management order (Fla. R. Civ. P. 1.510(b)); ii) a written response to a motion for summary judgment will be due 40 days after service of the motion (Fla. R. Civ. P. 1.510(c)(5)); and iii) “any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.” Fla. R. Civ. P. 1.510(c)(6).
