| The Florida Supreme Court issued two opinions (SC2023-0962 and SC2024-0662) making comprehensive amendments to the Florida Rules of Civil Procedure. These new rules implement many of the changes recommended by the Workgroup on Improved Resolution of Civil Cases, along with adopting recommendations made by the Florida Bar Civil Procedure Rules Committee. The new rules are effective January 1, 2025. A few of the highlights: CASE MANAGEMENT -Rule 1.200 on case management has been completely rewritten. Most civil cases must be assigned to a streamlined, general, or complex case management track. -A case management order must be issued for each case that specifies a projected or actual trial period, and specifies various case management deadlines. -Deadlines in the case management order must be strictly enforced unless changed by court order. Parties may submit agreed orders to extend deadlines if the extension does not prevent compliance with the remaining deadlines in the case management order. DISCOVERY -Parties are required to make initial discovery disclosures within 60 days of service of the complaint. -Initial discovery requirements include names of individuals likely to have discoverable information, copies of documents that a party may use to support its claims or defenses, and computation of each category of economic damages claimed by a party -Parties are also required to supplement discovery responses. -Discovery requests must be “proportional to the needs of the case,” adopting the factors from the Federal Rules of Civil Procedure on the proportionality of discovery. TRIAL SCHEDULING -A case no longer has to be “at issue” to be set for trial. -Motions to continue trial are now deemed to be disfavored, and should rarely be granted, and only with a showing of good cause. -Motions to continue trial must state with specificity why a continuance is needed, and supply a proposed date that the case will be ready for trial. SUMMARY JUDGMENT -A written response to a motion for summary judgment will be due 60 days after service of the motion for summary judgment. (The deadline for a response is no longer tied to the hearing date). CONFERRAL REQUIREMENT -The parties must confer before FILING non-dispositive motions. -Non-dispositive motions must have a certificate that the movant has conferred with the opposing party, and whether the opposing party agrees on the resolution of the motion. -Parties are expected to confer and attempt to resolve issues raised in a motion before reserving hearing time. |
