In July 2024, our Florida team of attorneys alerted clients on significant changes to the Florida Rules of Civil Procedure promulgated by the Florida Supreme Court that took effect on January 1, 2025. Galloway’s four Florida offices – Pensacola, Tampa, Fort Lauderdale, and Jacksonville – coordinated their client service efforts so that internal processes were consistent to deliver clarifying and effective assistance in matters.
When the sweeping changes were enacted, the legal community anticipated disruption. Six months into implementation, the shift has been measured, and the effects are real, especially for defense counsel and industry professionals who are focused on preparation and litigation efficiency.
Early and structured case management is at the heart of these reforms. All civil cases in Florida must be assigned to one of three tracks – streamlined, general, or complex – with deadlines tailored to each case’s demands. These changes have effectively eliminated ambiguity, aspirational trial dates, and delayed case management orders (CMOs). With the grace period now closed, courts have issued CMOs to meet the rule’s expectation.
Litigation Strategy Shifted
Before the rule changes, litigators waited to see if deadlines would be enforced. The updated rules force clarity and timeliness. Defense attorneys now know when to act and what to expect, which has greatly improved the ability to develop forward-thinking litigation strategies. This has proven to be critical and beneficial for clients who value predictability and expect timely updates.
Galloway has adjusted to this new structure, implementing an improved internal system to track CMO deadlines and stay ahead of discovery and motion practice. Internal workflows are aligned with external timelines, resulting in tighter strategies, faster response times, and earlier case evaluations.
Discovery Is No Longer a Waiting Game
Of all the changes, the updates to Rule 1.280 concerning initial disclosure obligations are among the most impactful to litigation. Mirroring the federal system, Florida now mandates early, comprehensive disclosures without excuse. Parties may not initiate depositions, written discovery, or subpoenas until initial disclosure obligations have been fulfilled.
Time is essential in assembling the case file. Securing records and witness information are immediate needs when facing an inflexible timeline.
Additionally, Rule 1.280(g) now imposes a duty to supplement disclosures if new information is available. Under the updated framework, failure to timely disclose a key witness or document could cost a party their ability to use that evidence at trial, eliminating the “gotcha” game of late disclosures.
Raising the Bar for Extensions and Continuances
Seeking more time now requires more than a vague declaration of need. Requests for extensions or trial continuances must be grounded in cause, supported by facts, and must include a firm proposed deadline. The new Florida rules elevate the seriousness of these requests while eliminating casual continuances that delayed, not resolved, the matter. The Florida Supreme Court went so far to identify trial continuances as “disfavored.”
This rule benefits the prepared and penalizes gamesmanship. Strategies of pushing the trial down the calendar without justification no longer works.
MSJ Deadlines and Procedural Precision
Procedures for summary judgment (MSJ) have tightened even as the substance of MSJ has remained unchanged. Final MSJ deadlines are tied directly to the CMO, reducing ambiguity and providing counsel workable timelines. Under Rule 1.510, any hearing must be set at least 10 days after the deadline for serving a response, which must be filed 40 days after service of the Motion. This revised timeline discourages last-minute filings and allows both parties a fair and structured preparation window.
Coupled with the conferral requirements under Rule 1.202, the current framework leaves little room for stalling tactics. Defense teams that confer early, document compliance, and stay prepared are more ready to file with a clean record.
February Updates: Clarifications on Mediation
Additional amendments published in February 2025 made the rules more readable for counsel and clients. Most notably in the February update was a clarification in the mediation rule that suggests defense counsel must sign mediation agreements to demonstrate a “meeting of the minds.” Though not required, it is a practical step toward demonstrating good faith and helps avoid future disputes about the validity of settlement discussions.
Galloway Goes Forward
Florida’s procedural refresh hasn’t turned the courtroom upside down, but it has redrawn defense strategies. Increased structure, clear deadlines, and firm expectations have beneficial potential for well-prepared counsel. Trial strategy can be mapped with greater precision which reduces costs and limits delay of resolutions.
Early, proactive compliance remains essential. These rule changes reward diligence and penalize delay. The Galloway team in Florida has adapted, and continues to remain vigilant, so that client needs can be exceeded and outcomes delivered in their favor.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
