Changes to Florida’s Rules of Civil Procedure Taking Effect January 1, 2025
By Brittany Mills and Ruby Jo December 4, 2024 Posted in Community Association Law Share
Significant amendments to Florida’s Rules of Civil Procedure are about to take effect. The amendments, which are the result of the Workgroup on Improved Resolution of Civil Cases and the Florida Bar Civil Procedure Rules Committee’s proposals to the Florida Supreme Court, take effect January 1, 2025. The goal, as stated by the Court, is to provide 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.” This blog will address the major changes to the Rules, including new case management and pretrial procedures as well as the addition of required initial disclosures to the discovery process.
New Case Management and Pretrial Process
Rule 1.200, Pretrial Procedure, has been rewritten in its entirety. Gone are the days of parties delaying trial (well, hopefully!) Judges will now be required to assign each case, within 120 days of commencement of the action, as complex, civil, or streamlined. Parties may move to re-assign the case or the court may do so on its own initiative. In streamlined and general cases, the court must issue a case management order specifying the projected trial period, deadlines for service of pleadings, completion of fact and expert discovery, resolution of all objections to pleadings, resolution of all pretrial motions, and completion of alternative dispute resolution. Deadlines are to be strictly enforced. The new rules will also heighten the standard for motions to extend deadlines. Motions for extensions of any deadlines which would result in a continuance of the trial must be framed as a motion for continuance. If a party becomes aware they cannot meet a deadline, they must set a case management conference to alert the court. All issues to be addressed at the case management conference must be set forth in the notice setting the case management conference, as well as a list of all pending motions. With “reasonable” notice, the court may choose to hear any pending motions at the case management conference (other than motions for summary judgment or those requiring an evidentiary hearing). If a party fails to appear at a case management conference, they are subject to sanctions, including dismissal of the action.
Rule 1.460, Motions to Continue Trial, has been amended to state motions to continue trial are disfavored and should rarely be granted; successive continuances are highly disfavored. Lack of due diligence is not grounds for a continuance. The motion must be made promptly after the need for the continuance becomes known. Both motions to extend deadlines and motions to continue trial must: (1) state the basis of the need for the extension and the date of when the basis became known; (2) state if the other parties are opposed; (3) provide the specific date to which the movant is requesting the new deadline/trial period; and (4) what actions are needed in order to meet that new deadline and the dates those action(s) will take place. Trial courts are to use all appropriate methods to address issues causing delay, including allowing remote appearances and resolving conflicts with other judges. Sanctions can be imposed on an attorney or party who is responsible for delays. When a court rules on a motion to continue, the court must state the factual basis for the ruling, set a new trial period or set a case management conference, set a new trial for the earliest date practicable, and reflect what further activity will be permitted.
Finally, Rule 1.440, Setting Action for Trial, no longer requires the case to be “at issue” in order to be set for trial. If a party wants an earlier trial date than the one set forth in the case management order, the party must file a motion and serve a copy on the judge at the time of filing. Within 45 days of the trial period set forth in the case management order, the court must enter an order fixing the trial period.
Adding Initial Disclosures to the Discovery Process
This discovery process is also gaining new procedures. Rule 1.280, General Provisions Governing Discovery, will now require litigants to provide certain initial disclosures within 60 days of the service of complaint. These disclosures must be sent regardless of whether a discovery request has been served. The disclosures must contain (1) the name and contact information for each individual likely to have discoverable information; (2) a copy of all documents used to support the party’s claims or defenses; (3) computations of all damages and supporting documents; and (4) copies of applicable insurance policies. It is not an excuse for failure to provide these disclosures that the other party failed to make any disclosures or made an incomplete disclosure. Rule 1.280 now also requires the parties to supplement disclosures and written discovery when they become aware the disclosure or response is incomplete or incorrect. All parties’ requests must be signed before the responding party has a duty to act upon it. Counsel must also certify the initial disclosures are correct and complete and that objections, requests, and responses to written discovery are consistent with the rules, not interposed for any improper purpose, and not unreasonable or unduly burdensome.
As a result of the amended rules of civil procedure, judges expect the state court docket to become more manageable and to have the tools to prevent cases from sitting on the docket for years. As we move forward into 2025, we are here to help our clients navigate the new procedures and hope to see less delay and more results.