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Florida Supreme Court Proposes Major Amendments to Civil Procedure Rules (Effective January 1, 2025)

  • Purpose of the Amendments:
    • Address backlog of civil cases, with some judges overseeing over 1,100 cases.
    • Proposed changes aim to improve case management, expedite dispute resolution, and encourage cooperation among parties.
  • Background:
    • Recommendations stem from the Workgroup on Improved Resolution of Civil Cases, formed in 2019.
    • Focused on streamlining civil litigation for faster, cost-effective, and fair outcomes.
    • The Florida Supreme Court initially declined the proposed changes but later referred them to the Florida Bar’s Civil Procedure Rules Committee, which provided the current proposals.
  • Key Proposed Changes:
    1. Case Management Overhaul (Rule 1.200):
    • New Structure for Case Management:
      • Streamlined Track: For cases with limited discovery and trials lasting no more than 3 days.
      • General Track: For typical cases not qualifying as complex or streamlined.
      • Complex Track: For cases requiring significant judicial resources (continues under Rule 1.201).
    • Deadlines & Case Management Orders:
      • Courts must issue specific orders, setting deadlines for critical phases (discovery, adding parties, motions, etc.).
      • Deadlines are strictly enforced and can only be changed by court order.
    • Case Management Conferences: Courts may hold conferences to address scheduling and other issues (except summary judgment motions).
    2. Enhanced Procedures for Complex Cases (Rule 1.201):
    • Hearing on Complex Designation: Courts can hold hearings to determine if a case should be classified as complex.
    • Efficient Resource Use: Parties must notify the court if a scheduled hearing is unnecessary to avoid wasting judicial resources.
    • Continuance Restrictions: Motions for continuance in complex cases will follow stricter rules under Rule 1.460.
    3. Promoting Cooperation in Discovery and Motion Practice:
    • Duty to Confer (Rule 1.202):
      • Parties must confer in good faith before filing most motions (except for injunctive relief or summary judgment).
      • Certificate of Conferral: Movants must file proof of their conferral efforts, detailing communication and whether an agreement was reached.
    • Proportionality in Discovery (Rule 1.280):
      • Discovery must be proportional to the case’s needs, assessing factors like importance, cost, and burden.
      • Initial Discovery Disclosures: Parties must provide disclosures within 60 days of filing, including names, documents, and damages computations.
      • Ongoing Duty to Supplement: Parties must update discovery responses if they learn that the information is incomplete or incorrect.
    • Electronically Stored Information (ESI): Courts can limit discovery of ESI if it’s deemed overly burdensome.
    4. Streamlined Trial and Summary Judgment Procedures:
    • Setting Trial Dates (Rule 1.440):
      • No longer required to wait for a case to be “at issue” before setting a trial date.
      • Courts must set trial dates within 45 days of the projected trial period, with ample notice (at least 30 days).
    • Motions for Continuance (Rule 1.460):
      • Motions to continue trials will be disfavored and granted only for good cause.
      • Movants must provide detailed reasons and propose a new trial date.
      • Dilatory Conduct: Attorneys or parties delaying the trial without good cause may face sanctions.
    • Summary Judgment Process (Rule 1.510):
      • Response deadlines for summary judgment motions are tied to the service of the motion, not the hearing date.
      • Procedures must align with case management deadlines for consistency and predictability.
  • Impacts & Benefits:
    • Efficiency: Proposed changes aim to reduce delays and ensure more timely resolutions.
    • Collaboration: Encouraging cooperation between parties should reduce unnecessary litigation costs.
    • Structure: With clearer deadlines and better case management, the courts will become more efficient in handling civil cases.
    • Adaptation: Lawyers and litigants will need to adjust to these more structured rules and adopt a collaborative approach.

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