Changes to the Florida Rules of Civil Procedure

The Florida Supreme Court has adopted substantive changes to the scheduling and procedures for civil practice. It is important that all attorneys practicing in Florida are familiar with these upcoming changes.  

Below is a summary of all the new Florida civil procedure rule changes regarding case management, discovery, setting cases for trial, disfavoring continuances, setting deadlines for summary judgment responses, and requiring conferral for most motions - they are all effective Jan. 1 2025, and are intended to expedite and streamline the case scheduling process and trial dates that are essential for access to justice.

Undoubtedly, there will be future litigation regarding the meaning of many of the terms in the new or amended rules, so it is important that attorneys familiarize themselves with the actual wording of each rule and educate themselves about how it will impact their specific practice area.

1. Active Case Management (Rule 1.200)

• Tracks for Case Management: Civil cases must be assigned to one of three tracks—complex, general, or streamlined—within 120 days of the case filing.
• Case Management Order: Every case must have a case management order with at least eight deadlines.
• Strict Deadline Enforcement: Deadlines in the case management orders must be strictly enforced. Court can amend deadline by order
• Customization by Judicial Circuit: Each judicial circuit can customize case management processes via administrative orders.
• Pretrial Conference: Includes new provisions regarding pretrial and case management conferences with specific procedures on pending motions.

2. Complex Litigation (Rule 1.201)

• Redesignation as Complex: Clarifies the process for designating a case as complex and allows for hearings to make that determination.
• Deadlines and Management: Specifies the timing of expert witness disclosure and deposition scheduling.
• Periodic Case Management Conferences: Requires courts to schedule periodic case management conferences based on the needs of the case.

3. Discovery (Rule 1.280)

• Proportional Discovery: Adopts proportionality standards similar to the Federal Rules of Civil Procedure. Discovery must now be proportional to the needs of the case.
• Initial Disclosures: Requires parties to provide initial discovery disclosures within 60 days of service the complaint or joinder.
• Duty to Supplement Discovery: Requirement that parties must supplement their discovery responses if new information arises, and sanctions exist for failure to comply.

4. Setting Cases for Trial (Rule 1.440)

• Trial Periods: Eliminates the previous “at issue” requirement for setting trial dates. The court must set a trial period based on case management orders.

5. Continuances (Rule 1.460)

• Disfavoring Continuances: Continuances are now disfavored and should be rarely granted, only for good cause.
• Content of Motions: A motion for continuance must include specific details such as the reason for the delay, efforts made to avoid it, and a proposed new trial date.
• Sanctions for Delay: If a continuance is granted due to dilatory conduct, the court may impose sanctions on the responsible party or attorney.

6. Amendment to Rule 1.510 (Summary Judgment)

• Deadline for Response: The deadline to respond to a motion for summary judgment is now tied to the date of service of the motion, rather than the hearing date. The response must be filed no later than 40 days after the motion's service. Hearings must be set at least 10 days after responses are due.
• Adherence to Deadlines: The new deadlines are intended to align with case management orders under Rules 1.200 and 1.201.

7. New Rule 1.202 (Conferral Prior to Filing Motions)

• Mandatory Conference Before Filing Non-Dispositive Motions: Parties must confer with the opposing party before filing most motions, excluding motions for injunctive relief, summary judgment, dismissal, etc. This is to encourage resolution before court involvement.
• Certificate of Conferral: The movant must include a statement certifying that the conference took place or describe efforts made to attempt conferral if the opposing party was unavailable.

These amendments will become effective on January 1, 2025