FLORIDA MAKES MULTIPLE AMENDMENTS TO ITS PROCEDURAL RULES

In two recent decisions, the Florida Supreme Court provided notice of revisions it made, effective January 1, 2025, to its procedural rules affecting summary judgment, case management, and discovery, with focus on deadline adherence and “active case management.” In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, 2024 WL 4983566, at *1, (Fla. Dec. 5, 2024); In re Amends. to Fla. Rule of Civ. Proc. 1.510, No. SC2024-0662, 2024 WL 4982906 (Fla. Dec. 5, 2024). A summary of the pertinent changes follows:

FRCP 1.090 (Time) [i]

The language of the rule was simplified, but no substantive changes except for the addition of language noting that trial continuances and extensions of deadlines are exempted from this rule, instead they are governed by rule 1.460 and rule 1.200 or 1.201, respectively.

FRPC 1.200 (Case Management; Pretrial Procedure)[ii]

Requires that a case management order include a deadline for the filing and service of summary judgment motions. Case Management orders must be issued within 120 days of filing suit.

FRCP 1.201 (Complex Litigation)[iii]

Clarifies that this rule is intended to require conferral closer to the hearing date in addition to conferral under rule 1.202 which requires conferral prior to filing a non-dispositive motion. Also requires consistency between case management orders and time standards (provided for in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B)) for the completion of complex cases.

(New) FRCP 1.202 (Motions to Confer)[iv]

This new rule was created so parties would confer prior to filing non-dispositive motions. The rule requires non-dispositive motions to include a certification of conferral or a certification that conferral is not required. Fourteen exemptions to the rule are listed. The rule provides for “appropriate sanctions” for violations.

FRCP 1.280 (General Provisions Governing Discovery)[v]

Amended the “Court Commentary” to advise practitioners and judges “to look to federal history and precedents” when applying “the federal proportionality standard[vi].” The rule prohibits discovery until a party’s “initial disclosure obligations are satisfied.” The trial court “must” impose sanctions for violations  of this rule “without substantial justification.”

FRCP 1.340 (Interrogatories)[vii]

Any objections based on proportionality must include specific grounds for the objection “including the reasons” for the objection. Standard interrogatories must be adjusted to comply with new proportional discovery.

FRCP 1.350 (Production)[viii]

Any objections based on proportionality must include specific grounds for the objection “including the reasons” for the objection. Also, a party asserting an objection must indicate whether any responsive materials are being withheld due to the objection. If an objection only affects part of a request, the unobjectionable portion must be produced for inspection.

FRCP 1.380 (Failure to Make Discovery)[ix]

Provides for sanctions when a party fails to disclose items pursuant to discovery or adequately supplement an earlier response. The specific sanctions available are described in detail.

FRCP 1.460 (Motions to Continue Trial)[x]

Conferral language in this rule was deleted because it was duplicative of rule 1.202.

FRCP 1.510 (Summary Judgment)[xi]

The deadline for responding to a summary judgment motion is 40-days from the date of service of the motion. Hearings on summary judgment motions must take place at least 10 days after the deadline for serving a response unless ordered or agreed upon otherwise.

In a hurry? Click here to read a brief summary of the amendments:

The Florida Supreme Court recently added and revised multiple civil procedural rules. The changes pertain mostly to case management processes and discovery. In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, 2024 WL 4983566 (Fla. Dec. 5, 2024); In re Amends. to Fla. Rule of Civ. Proc. 1.510, No. SC2024-0662, 2024 WL 4982906 (Fla. Dec. 5, 2024). The Court noted the amendments “created a framework for the active case management of civil cases with a focus on adhering to deadlines…while providing room for customization by judicial circuit.” These amendments took effect on January 1, 2025.

[i] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *3. The Court noted the key amendments or changes to the rules in the beginning of its opinion; however, for simplicity, citations herein are to the text of the rule contained within the opinion, not to the Court’s commentary.

[ii] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *6.

[iii] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *10.

[iv] In re Amends. to Fla. Rule of Civ. Proc. 1.510, No. SC2024-0662, at *2.

[v] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *11.

[vi] The Proportionality Standard outlined in Federal Rule of Civil Procedure 26(b)(1) allows parties to conduct discovery “proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.”  FRCP 26(b)(1).

[vii] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *15.

[viii] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *17.

[ix] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *19.

[x] In re Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962, at *24.

[xi] In re Amends. to Fla. Rule of Civ. Proc. 1.510, No. SC2024-0662, at *2-3.