Florida Proposes Amendments to Rules of Civil Procedure, Impacts Default Servicing

Amendments have been proposed for seven Florida Rules of Civil Procedure. If these amendments take effect, it will change how foreclosures are handled in the State of Florida. Below, please find a synopsis of the proposed amendments and their potential impacts as evaluated by PLG: 

What Rules are Being Amended:

1. Florida Rule of Civil Procedure 1.510 (Summary Judgment)
2. Florida Rule of Civil Procedure 1.202 (New Rule- Conferral Prior to Filing Motions)
3. Florida Rule of Civil Procedure 1.200 (Case Management, Pre-Trial Procedure)
4. Florida Rule of Civil Procedure 1.201 (Complex Litigation)
5. Florida Rule of Civil Procedure 1.280 (General Provisions Governing Discovery)
6. Florida Rule of Civil Procedure 1.440 (Setting Action for Trial)
7. Florida Rule of Civil Procedure 1.460 (Motions to Continue Trial)

Proposed Effective Date:

• Effective January 1, 2025 at 12:01a.m:

Comments Due/Method of Submitting Comments:

• All comments must be filed with the Court on or before August 6, 2024, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case.
• If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal)

Proposed Florida Rule of Civil Procedure 1.510:

• We amend rule 1.510 to time the deadline to respond to a motion for summary judgment to the date of service of the motion rather than to the hearing date
  • The response will be due no later than 60 days after service of the motion for summary judgment.
  • ​Currently, it is that the Movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing and response is due 20 days prior to hearing date.

Proposed Florida Rule of Civil Procedure 1.202:

• To require parties to confer before filing non-dispositive motions.
• Under the new rule, the movant must file with the motion a statement certifying that the movant has conferred with the opposing party and stating whether the opposing party agrees on the resolution of the motion.

​Proposed Florida Rule of Civil Procedure 1.200:

• Rule 1.200 is rewritten entirely and provides that each civil case must be assigned to one of three case management tracks (complex, general, or streamlined) within 120 days after an action commences as provided for in rule 1.050 or 30 days after the service of the Complaint on the last of all named defendants, whichever date comes first.
• Rewritten rule 1.200 provides that:
  • “[i]n streamlined and general cases, the court must issue a case management order that specifies the projected or actual trial period based on the case track assignment, consistent with administrative orders entered by the chief judge of the circuit.”
  • The deadlines in the case management order must be “differentiated based on whether the case is streamlined or general” and “consistent with the time standards specified in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B),” and the order must include at least eight specified deadlines.
• Streamlined and General Cases:
  • ​In streamlined and general cases, the court must issue a case management order that specifies the projected or actual trial period based on the case track assignment, consistent with administrative orders entered by the chief judge of the circuit. The order must also set deadlines that are differentiated based on whether the case is streamlined or general and must be consistent with the time standards specified in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B) for the completion of civil cases. The order must specify no less than the following deadlines:
    • ​​(A) service of complaints;
    • (B) service under extensions;
    • (C) adding new parties;
    • (D) completion of fact discovery
    • (E) completion of expert discovery;
    • (F) resolution of all objections to pleadings;
    • (G) resolution of all pretrial motions; and
    • (H) completion of alternative dispute resolution
• Strict Deadlines:
  • Rewritten rule 1.200 includes a detailed procedure for modifying the deadlines set forth in case management orders. It states that deadlines in case management orders “must be strictly enforced unless changed by court order.”
  • But it allows parties to “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.” The rule further explains that parties’ requests for modifications of actual trial periods are governed by rule 1.460.
  • If extending an individual case management deadline may affect a subsequent deadline in the case management order, parties must seek an amendment of the case management order, rather than submitting a motion for extension of an individual deadline.
• Important Highlights:
  • Motions for summary judgment and motions requiring evidentiary hearings may not be heard as part of a case management conference.
  • Failure to Appear
    • On failure of a party to attend a conference, the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action against a party failing to attend.

Proposed Florida Rule of Civil Procedure 1.201:

• Complex cases proceed under rule 1.201, which we amend to provide that a court may (but is not required to) hold a hearing to determine whether a case should be designated as complex. We also amend rule 1.201 to provide that “[t]he parties must notify the court immediately if a case management conference or hearing time becomes unnecessary” and to expressly state that motions for trial continuances are governed by rule 1.460.

Proposed Florida Rule of Civil Procedure 1.280

• Rule 1.280 is further amended to require certain initial discovery disclosures “within 60 days after the service of the complaint or joinder, unless a different time is set by court order.” We also amend rule 1.280 to impose a duty to supplement discovery.
• ​Important Highlights:
  • In General. Except as exempted by subdivision (a)(2) or as ordered by the court, a party must, without awaiting a discovery request, provide to the other parties the following initial discovery disclosures unless privileged or protected from disclosure:​
    • (A) the name and, if known, the address, telephone number, and e-mail address of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;
    • (B) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control (or, if not in the disclosing party’s possession, custody, or control, a description by category and location of such information) and may use to support its claims or defenses, unless the use would be solely for impeachment;
    • (C) a computation for each category of damages claimed by the disclosing party and a copy of the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; provided that a party is not required to provide computations as to noneconomic damages, but the party must identify categories of damages claimed and provide supporting documents; and
    • (D) a copy of any insurance policy or agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment
  • Time for Initial Discovery Disclosures. A party must make the initial discovery disclosures required by this rule within 60 days after the service of the complaint or joinder, unless a different time is set by court order.

Proposed Florida Rule of Civil Procedure 1.440:

• Eliminate the “at issue” requirement and instead provide that “[t]he failure of the pleadings to be closed will not preclude the court from setting a case for trial.” In addition, rule 1.440 is amended to require the court to enter an order fixing the trial period 45 days before any projected trial period in a case management order.

Proposed Florida Rule of Civil Procedure 1.460 (Motions to Continue Trial):

• The Court rewrites rule 1.460 entirely to provide that “[m]otions to continue trial are disfavored and should rarely be granted and then only upon good cause shown.” Rewritten rule 1.460 also sets forth requirements for what must be included in a motion for a trial continuance and explains that, “[i]f a continuance is granted based on the dilatory conduct of an attorney or named party, the court may impose sanctions.”