In January 2022, I authored an article in the Bar Bulletin regarding a series of proposed changes to civil practice in Florida. At the time, the state Supreme Court was preparing to review a series of amendments portending “seismic” changes.
Those changes are now upon us and mostly slated to go into effect Jan. 1, 2025.
This article attempts to offer a high-level summary of the changes but cannot substitute for a careful reading of the precise language of each rule change.
The operative rulings summarized herein are SC2023-0837, SC2023-0962 and SC2024-0662. While there have been other important rulings, these three filings arguably reflect the most pivotal of the court’s recent rule changes.
Generally, the changes, which aim to promote the fair and timely resolution of civil cases, call for the reporting of case management data, active judicial case management and strict limitation of continuances.
The changes also tend to align Florida’s rules with federal meet and confer and discovery practices.
As of July 1, 2024, the court has effected changes to the Florida Rules of General Practice and Judicial Administration.
Now, under Rule 2.250(a), the court has established presumptively reasonable time standards to bring an action to trial. Specifically, setting aside complex cases, jury trials are to be completed within 18 months and nonjury trials within 12 months, each deadline running from the date of service of initial process on the last defendant or 120 days from commencement of the action.
Under Rule 2.250(b), the court has established quarterly reporting requirements triggered by the referenced time standards and annual reporting requirements relating to cases that have been pending for three years or more.
Moreover, Rule 2.215(f)(1) now requires monthly reporting of matters held under advisement for more than 60 days.
The court’s most significant changes to Florida Rules of Civil Procedure are slated to go into effect Jan. 1, 2025.
Under new rule 1.200, within 120 days of filing, every civil case (unless it falls within a specified exemption) is to be assigned to one of three case management tracks (complex, general, or streamlined).
New rule 1.440(a) will eliminate the “at issue” requirement to set a trial.
In every streamlined or general case, courts will issue a case management order reflecting deadlines for discovery, pretrial motions, mediation and the projected or actual trial period (new rule 1.200(d)). Courts will set trials 45 days before any projected trial period (new rule 1.400(c)(2)).
These deadlines “must be strictly enforced unless changed by court order” but parties may “submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in the case management order.” (new rule 1.200(e)(1)).
Motions to continue trial will be disfavored and rarely granted (new rule 1.460). Unless made at trial, continuance motions must be signed by the moving party (rather than its attorney) and made promptly after the discovery of good cause necessitating a continuance (new rule 1.460(b) & (c)).
The motion must identify (1) the basis for the continuance, stating when the movant became aware of the basis, (2) whether the motion is opposed, (3) necessary actions so that the movant can be ready for trial by the proposed date and (4) the proposed date by which the case will be ready for trial (new rule 1.460(d)).
Courts will attempt to address issues causing delay, including requiring depositions to preserve testimony, allowing remote appearances and resolving conflicts with other trials (new rule 1.460(e)).
Courts may impose sanctions on parties and attorneys if a continuance is granted based upon their dilatory conduct (new rule 1.460(g)).
Moreover, when ruling on a motion to continue, courts will state the factual basis for the ruling in the order or on the record (new rule 1.460(h)). Orders granting continuances must either set a new trial date or set a case management conference and must indicate what further activity will or will not be permitted (new rule 1.460(h)).
With few exceptions, new rule 1.202(a) will require parties to meet and confer prior to filing a motion. Movants will file a certificate of conferral with their motion (new rule 1.202(b)).
Under new rule 1.200(j), case management conferences, whether set by the court or requested by a party, will take on enhanced significance. Specifically, at such conferences, the court will be authorized to address any pending motions other than motions for summary judgment and motions requiring evidentiary hearings (new rule 1.200(j)(2)).
New rule 1.280 will require initial disclosures and incorporates the proportionality language of Rule 26, Federal Rules of Civil Procedure.
A party’s initial disclosure, generally due within 60 days after the service of a complaint or joinder, will include disclosing potential witnesses, relevant documents, computation of damages and applicable insurance policies (new rule 1.280(a)).
New rule 1.280(g) will impose an ongoing duty to supplement initial disclosures and discovery responses in a timely fashion.
Finally, in an amendment to Rule 1.150(c)(5), responses to motions for summary judgment will be due within 60 days of service of the motion (rather than 20 days prior to the hearing).
Given the extent of the rule changes and need to strictly adhere to case management deadlines, the new rules will undoubtedly have a significant impact on civil litigation practice in Florida.
It is therefore imperative that practitioners study the rule changes and evaluate their impact on pending and anticipated actions.
Asghar Syed is treasurer of the Jacksonville Bar Association and a shareholder with Gunster. His practice focuses on commercial litigation.