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March 1, 2013
Amendments to civil procedure rules

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 Civil Rules of Procedure.The court invites all interested persons to comment on the proposed amendments, which are summarized below and reproduced in full online at 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 Judge Richard A. Nielsen, Committee Chair, 800 E. Twiggs Street, Suite 527, Tampa 33602, nielsera@fljud13.org, and on the Bar staff liaison to the committee, Ellen Sloyer, 651 E. Jefferson Street, Tallahassee 32399-2300, esloyer@flabar.org, 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. Further, if comments are directed toward the proposed amendment to rule 1.380 (Failure to Make Discovery; Sanctions), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Ralph Artigliere, 573 Ridge Road, Blue Ridge, GA 30513, skywayra@tds.net. If comments are directed toward the proposed new rule 1.451 (Taking Testimony), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Judge Walter Logan, 545 1st Avenue North , St. Petersburg 33701. If comments are directed toward the proposed amendments to rules 1.480 (Motion for a Directed Verdict) or 1.530 (Motions for New Trial and Rehearing; Amendments of Judgments), the certificate of service shall also verify that a copy has been served on Larry Klein, 222 Lakeview Avenue, Suite 1000, West Palm Beach 33401, larry.klein@hklaw.com. If comments are directed toward the proposed amendment to rule 1.490 (Magistrates), the certificate of service shall also verify that a copy has been served on Judge Robert Jones, 175 1st Avenue, Suite 1745, Miami 33128, RJones@jud11.flcourts.org. If comments are directed toward the proposed amendments to rule 1.560 (Discovery in Aid of Execution) or Form 1.977 (Fact Information Sheet), the certificate of service shall also verify that a copy has been served on Judge Matthew Lucas, 800 E. Twiggs Street, Tampa 33602. The certificate of service for comments addressing Form 1.977 shall also verify that a copy has been served on Robert T. Koehler, 331 Windwood Oaks Drive, Unit 101, Tampa 33613, robert.koehler@live.com. If comments are directed toward the proposed amendment to rule 1.630 (Extraordinary Remedies), the certificate of service shall also verify that a copy has been served on David K. Miller, P. O. Box 11300, Tallahassee 32302, dmiller@broadandcassel.com. If comments are directed toward the proposed amendment to Form 1.981 (Satisfaction of Judgment), the certificate of service shall also verify that a copy has been served on Henry Trawick, P. O. Box 4009, Sarasota 34230, trawick0660@hotmail.com. The chair has until April 22 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, NO. SC13-74


1.020 (PRIVACY AND COURT RECORDS)Creates new rule to advise practitioners of the requirement that all filings conform with Fla. R. Jud. Admin. 2.425.
1.380 (FAILURE TO MAKE DISCOVERY; SANCTIONS)Amends subdivisions (a)(4), (b)(2)(E), and (d) to add the word “substantially” before “justified.” Amendment makes the rule internally consistent and consistent with Fed.R.Civ.P. 37 from which it was derived.
1.431 (TRIAL JURY)Creates a new subdivision (i) (Communication with the Jury), to govern communications between court personnel and jurors.
1.442 (PROPOSALS FOR SETTLEMENT)Amends subdivision (c)(2)(B) to require that the proposal for settlement state that it resolves all damages in the action. Committee intended to curtail the practice of partial proposals for settlement.
1.451 (TAKING TESTIMONY)Creates a new rule governing taking testimony using electronic equipment.
1.480 (MOTION FOR A DIRECTED VERDICT)Amends subdivision (b) to change the time for service of a motion from 10 to 15 days after the specified event.
1.490 (MAGISTRATES)Amends magistrate rule to make it more in conformity with Juvenile and Family Law rules.
1.530 (MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS)Amends subdivision (b) and (g) to change the time for service of a motion from 10 to 15 days after the specified event.
1.560 (DISCOVERY IN AID OF EXECUTION)Removes requirement for filing a notice of compliance with clerk.
1.630 (EXTRAORDINARY REMEDIESAmends subdivisions (c) and (d) to remove any reference to certiorari proceedings which are governed by the Florida Rules of Appellate Procedure.
1.910(a)-(b) (SUBPOENA FOR TRIAL)Amends the ADA notification block to conform to Fla.R.Jud.Admin. 2.540(c).
1.911(a)-(b) (SUBPOENA DUCES TECUM FOR TRIAL)Amends the ADA notification block to conform to Fla.R.Jud.Admin. 2.540(c).
1.912(a)-(b) (SUBPOENA FOR DEPOSITION)Amends the ADA notification block to conform to Fla.R.Jud.Admin. 2.540(c).
1.913(a)-(b) (SUBPOENA DUCES TECUM FOR DEPOSITION)Amends the ADA notification block to conform to Fla.R.Jud.Admin. 2.540(c).
1.922(a)-(d) (SUBPOENA DUCES TECUM WITHOUT DEPOSITION)Amends the ADA notification block to conform to Fla.R.Jud.Admin. 2.540(c).
1.977 (FACT INFORMATION SHEET)Corrects notary block. Removes language regarding requirement for filing a notice of compliance. See Rule 1.560.
1.981 (SATISFACTION OF JUDGMENT)Adds an acknowledgment to the satisfaction of judgment form.
1.982 (CONTEMPT NOTICE)Amends the ADA notification block to conform to Fla.R.Jud.Admin. 2.540(c).
1.997 (CIVIL COVER SHEET)Adds a certification that the pleading complies with Fla. R. Jud. Admin. 2.425.
Uniform Guidelines on Taxation of CostsAdds provisions for taxation of costs for discovery of electronically stored information.

[Revised: 08-29-2014]