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April 30, 2013
Amendments to the Rules of Civil Procedure

The Florida Supreme Court recently adopted an amendment to Florida Rule of Civil Procedure 1.442(f) (Proposals for Settlement; Acceptance and Rejection) proposed by The Florida Bar’s Civil Procedure Rules Committee (Committee). The amendment replaces a reference in rule 1.442(f) to recently deleted Florida Rule of Civil Procedure 1.090(e) (Additional Time after Service by Mail) with a reference to new Florida Rule of Judicial Administration 2.514(b) (Computing and Extending Time; Additional Time after Service by Mail or E-mail). The court invites all interested persons to comment on the amendment, which is reproduced in full below, as well as online. All comments must be filed with the court on or before June 10, with a certificate of service verifying that a copy has been served on Committee Chair Judge Richard Allen Nielsen, 800 East Twiggs Street, Suite 527, Tampa 33602-3556, nielsera@fljud13.org, and on the Bar staff liaison to the committee, Ellen Sloyer, 651 East 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. The committee chair has until July 1 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re: Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.442, CASE NO. SC13-224

RULE 1.442. PROPOSALS FOR SETTLEMENT

(a) - (e) [No Change]

(f) Acceptance and Rejection.

(1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal. The provisions of rule 1.090(e)Florida Rule of Judicial Administration 2.514(b) do not apply to this subdivision. No oral communications shall constitute an acceptance, rejection, or counteroffer under the provisions of this rule.

(2) [No Change]

(g)– (j) [No Change]
Committee Notes

1996 Amendment - 2012 Amendment. [No Change]

2013 Amendment. Subdivision (f)(1) was amended to reflect the relocation of the rule regarding additional time after service by mail or e-mail from rule 1.090(e) to Fla. R. Jud. Admin. 2.514(b).

[Revised: 09-15-2014]