Galloway attorneys in Florida stay on top of the latest updates in the Florida Supreme Court so that they can navigate all procedural requirements while delivering current and clarifying assistance to clients.
Significant changes to the Florida Rules of Civil Procedure, as promulgated by the Florida Supreme Court, will take effect on January 1, 2025. Below is a summary of the key amendments:
Rule 1.200 (Case Management; Pretrial Procedure)
- New Case Management Tracks: Each civil case must be assigned to one of three tracks (complex, general, or streamlined) within 120 days.
- Administrative Orders: The chief judge of each judicial circuit must issue an administrative order outlining case management requirements.
- Case Management Orders: The court must issue orders specifying deadlines for various pretrial activities, differentiated based on the case track (streamlined or general) and consistent with time standards in Rule 2.250(a)(1)(B). Key deadlines include:
- Service of complaints
- Service under extensions
- Adding new parties
- Completion of fact discovery
- Completion of expert discovery
- Resolution of objections to pleadings
- Resolution of pretrial motions
- Completion of alternative dispute resolution
- Enforcement and Modification: Deadlines are strictly enforced unless modified by court order. Agreed orders to extend deadlines are allowed if they do not affect the overall schedule.
- Case Management Conferences: Courts may set these conferences at any time, and parties may request them by providing notice and identifying specific issues and pending motions.
Rule 1.201 (Complex Litigation)
- Designation as Complex: Courts may hold hearings to determine if a case should be designated as complex.
- Notification Requirements: Parties must notify the court immediately if a case management conference or hearing time is no longer necessary. Motions for trial continuances are governed by Rule 1.460.
New Rule 1.202 (Conferral Prior to Filing Motions)
- Mandatory Conferral: Parties must confer before filing non-dispositive motions.
- Certification Requirement: Movants must certify efforts to confer with opposing parties and state whether the motion is agreed upon. Designed to encourage resolution of issues before reserving hearing time, given constraints on hearing availability.
Rule 1.280 (General Provisions Governing Discovery)
- Proportionality: Incorporates proportionality language from Federal Rule of Civil Procedure 26(b)(1).
- Initial Disclosures: Requires initial discovery disclosures within 60 days of service of the complaint or joinder.
- Duty to Supplement: Imposes a duty to supplement discovery responses.
Rule 1.440 (Setting Action for Trial)
- Removal of “At Issue” Requirement: Allows courts to set trial dates regardless of whether pleadings are closed.
- Trial Period Order: Courts must enter an order fixing the trial period 45 days before the projected trial period in the case management order.
Rule 1.460 (Motions to Continue Trial)
- Discouraging Continuances: Motions to continue trial are disfavored and require good cause.
- Motion Requirements: Motions must include the basis for the continuance, opposition status, specific dates for readiness, and proposed trial date.
- Sanctions for Dilatory Conduct: Courts may impose sanctions if continuances are granted due to dilatory conduct.
Rule 1.530 (Summary Judgment)
- Filing Deadlines: Motions for summary judgment must be filed in accordance with case management order deadlines.
- Response Time: Responses to summary judgment motions are due no later than 60 days after service of the motion.
For more detailed information, please refer to the full text of the opinions issued by the Florida Supreme Court:
Opinion SC2023-0962 (Remaining changes)
Opinion SC2024-0662 (Conferring with Motions and Motions for Summary Judgment)
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Autumn George, Esq.
Office: Jacksonville
ageorge@gallowaylawfirm.com | 904-659-0057
Athina Lehovitis, Esq.
Office: Tampa
alehovitis@gallowaylawfirm.com | 813-977-1200