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March 1, 2010
Amendments to the Rules of Civil Procedure

The Florida Bar’s Civil Procedure Rules Committee has submitted to the Florida Supreme Court its regular-cycle report of proposed amendments to the Florida Rules of Civil Procedure. The court invites all interested persons to comment on the committee’s proposed amendments, which are summarized below and reproduced in full online at http://www.floridasupremecourt.org/decisions/proposed.shtml An original and nine paper copies of all comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on Mark A. Romance, Committee Chair, 201 S. Biscayne Blvd., Suite 1000, Miami 33131-4327, 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 in June. Further, if comments are directed toward the proposed amendment to Rule 1.340(a), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Bill Wagner, 601 Bayshore Blvd., Suite 910, Tampa 33606-2786. If comments are directed toward the proposed amendment to Rule 1.351(c), the certificate of service shall also verify that a copy has been served on the proponents of the amendment, Robert Brazel, Hillsborough County Attorney’s Office, 601 E. Kennedy Blvd., Fl. 27, Tampa 33602-4932, and David McNabb, Hillsborough County Attorney’s Office, 601 E. Kennedy Blvd., Fl. 27, Tampa 33602-4932. If comments are directed toward the proposed amendment to Rule 1.360, the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Peter Kellogg, 1301 Riverplace Blvd., Suite 620, Jacksonville 32207-9023. If comments are directed toward the proposed amendment to Rule 1.470, the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Judge Ralph Artigliere, 573 Ridge Rd., Blue Ridge, GA 30513-8042. If comments are directed toward the proposed amendment to Rule 1.510, the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Rohan Kelley, 3365 Galt Ocean Dr., Ft. Lauderdale 33308-7002. If comments are directed toward the proposed amendment to form 1.923, the certificate of service shall also verify that a copy has been served on the proponent of the amendment, George Savage, 777 Brickell Ave., Suite 1114, Miami 33131-2867. The committee chair has until April 20 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). 

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, CASE NO. SC10-148

RULEREASONS FOR CHANGE
NEW RULE 1.071 (CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY)To conform to section 86.091, Florida Statutes, which requires notice to the state when a constitutional challenge to a statute is being made.
AMEND RULE 1.080 (SERVICE OF PLEADINGS AND PAPERS)(b) - so service by delivery is treated the same as by mail.
(d) - to permit filing at a time other than service, if required by a statute or rule of procedure. The proposal reconciles rule 1.080(d) with statutes or rules that direct either that papers not be filed, or that the papers be filed after certain time periods elapse or events occur.
AMEND RULE 1.100(c)(1) (PLEADINGS AND MOTIONS; CAPTION) & FORM 1.901 (CAPTION)To authorize a case style for in rem forfeiture proceedings consistent with that described in F.S. 932.704(5)(a).
NEW RULE 1.285 (INADVERTENT DISCLOSURE OF PRIVILEGED MATERIALS)To address inadvertent disclosure of privileged communications.
AMEND RULE 1.310 (DEPOSITIONS UPON ORAL EXAMINATION)(b)(4)(A) – to require that any subpoena served on the person to be examined state the method for recording the testimony.
(b)(5) – to clarify that the procedure in rule 1.351 must be used when requesting or receiving documents or things without testimony from nonparties pursuant to subpoena and to prevent the use of rules 1.310 and 1.410 to request documents from nonparties pursuant to subpoena without giving the opposing party the opportunity to object to the subpoena before it is served.
AMEND RULE 1.340 (INTERROGATORIES TO PARTIES)To provide that standard form interrogatories do not need all need to be propounded exactly as approved Supreme Court, when a particular approved interrogatory is not necessary or appropriate.
AMEND RULE 1.351 (PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION)(a) – to clarify that the rule 1.351 procedure, not the rule 1.310 procedure, is to be followed when requesting or receiving documents or things, without testimony, from nonparties pursuant to subpoena. See rule 1.310(b)(5) above.
(c) – to allow U.S. mail and other commercial delivery for service of subpoenas on nonparties.
AMEND RULE 1.360 (EXAMINATION OF PERSONS)To provide notice to opposing party regarding who will attend an examination, so the physician or health care practitioner will know how many people attend. This will decrease inconvenience for examiners of having several lawyers, videographers, and court reporters present in their offices.
AMEND RULE 1.410 (SUBPOENA)(d) – to conform to the proposed changes to rule 1.351(c), discussed above; provides for alternative service of subpoena on nonparties.
(e) – in conjunction with rule 1.310(b)(4)(A), discussed above, to require that any subpoena served on the person to be examined state the method for recording testimony.
AMEND RULE 1.420 (DISMISSAL OF ACTIONS)(a)(1) – to allow voluntary dismissal of part, not just all, of a suit.
(a)(1)(B) – so that only parties still in litigation have to sign the stipulation of dismissal.
(d) – in conjunction with change to (a)(1), allows court to assess costs when an action is concluded as to a party seeking taxation of costs but other claims, which are not against moving party, remain pending in the case.
AMEND RULE 1.442 (PROPOSALS FOR SETTLEMENT)To provide a proposal-for-settlement procedure when one party is liable only vicariously, constructively, derivatively, or technically.
AMEND RULE 1.470 (EXCEPTIONS UNNECESSARY; JURY INSTRUCTIONS)The language in form 1.985 regarding judges’ use of standard form jury instructions is difficult to find among the forms. The amendments relocate the language to rule 1.470, update the wording, make an applicable standard instruction required unless a litigant makes a showing otherwise, and add the requirement for contemporaneous objection to improper or misleading jury instructions.
AMEND RULE 1.480 (MOTION FOR A DIRECTED VERDICT)To track Fed.R.Civ.P. 50(b), eliminating the requirement for renewing, at the close of all the evidence, a motion for directed verdict already made at the close of an adverse party’s evidence.
AMEND RULE 1.510 (SUMMARY JUDGMENT)To improve the rule grammatically and for clarity.
AMEND RULE 1.525 (MOTIONS FOR COSTS AND ATTORNEYS’ FEES)Necessitated by the proposed amendments to rule 1.420 allowing voluntary dismissal of part, not just all, of a suit.
AMEND FORM 1.923 (EVICTION SUMMONS/ RESIDENTIAL)Amends eviction form to properly reflect Florida case law and remove any misleading language that might imply that “posting” the summons is sufficient in a claim for money damages.
NEW FORM 1.975 (NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT)New form to provide for notice to the state when a constitutional challenge to a statute is being made.
DELETE FORM 1.985 (NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT) See rule 1.470.
AMEND FORM 1.986 (VERDICTS)Deletes body of form, which is antiquated and unnecessary in light of itemized verdicts and model verdicts in the Florida Civil Standard Jury Instructions. Those instructions are incorporated by reference in form 1.985 (which, in proposed changes, would be moved to rule 1.470(b)). Change refers parties to model verdict forms contained in standard jury instructions.

[Revised: 07-22-2014]