Amendments to the Rules of Judicial Administration
Amendments to the Rules of Judicial Administration
The Steering Committee on Families and Children in the Court has submitted to the Florida Supreme Court a petition to amend Florida Rule of Judicial Administration 2.545(d) (Case Management; Related Cases). The proposed amendments address various issues concerning the notice of related family cases. The court invites all interested persons to comment on the Committee’s proposed amendments, which are reproduced in full below, as well as 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 January 15, 2013, with a certificate of service verifying that a copy has been served on the committee chair, The Honorable Nikki Ann Clark, First District Court of Appeal, 2000 Drayton Drive, Tallahassee, Florida 32399-0950 (E-mail: [email protected]), 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. The committee chair has until February 5, 2013 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 JUDICIAL ADMINISTRATION, CASE NO. SC12-2007
RULE 2.545. CASE MANAGEMENT
(a) – (c) [No Change]
(d) Related Cases.
(1) The petitioner in a family case as defined in this rule shall file with the court a notice of related cases in conformity with family law form 12.900(h), if related cases are known or reasonably ascertainable. A case is related when:
(A) it involves any of the same parties, children, or issues and it is pending at the time the party files a family case; or
(B) it affects the court’s jurisdiction to proceed; or
(C) an order in the related case may conflict with an order on the same issues in the new case; or
(D) an order in the new case may conflict with an order in the earlier litigation.
Parties shall file a supplemental notice as related cases become known or reasonably ascertainable.
(2) “Family cases” include dissolution of marriage, annulment, support unconnected with dissolution of marriage, paternity, child support, UIFSA, custodial care of and access to children, proceedings for temporary or concurrent custody of minor children by extended family, adoption, name change, declaratory judgment actions related to premarital, martial, or postmarital agreements, civil domestic, repeat violence, dating violence, and sexual violence injunctions, juvenile dependency, termination of parental rights, juvenile delinquency, emancipation of a minor, CINS/FINS, truancy, and modification and enforcement of orders entered in these cases.
(3) [No Change]
(4) The notice of related cases shall be filed with the initial pleading by the filing attorney or self-represented petitioner and that same form shall be filed in each of the related cases that are currently open and pending with the court and served on all other parties in each of the related cases, and as may be directed by the chief judge. Parties may file joint notices. A notice of related cases filed pursuant to this rule is not an appearance. If any related case is confidential and exempt from public access by law then a Notice of Confidential Information Within Court Filing as required by Florida Rule of Judicial Administration 2.420 shall accompany the notice.
(5) – (6) [No Change]
(7) The notice of related cases shall be served on all parties in the related cases, the presiding judges, and the chief judge or family law administrative judge.
(e) [No Change]
Committee Notes
[No Change]
