Amendments to the Civil Procedure Rules
Amendments to the Civil Procedure Rules
The Florida Bar’s Civil Procedure Rules Committee (Committee) has submitted to the Florida Supreme Court a regular-cycle report proposing amendments to rules 1.020 (PRIVACY AND COURT RECORDS); 1.071 (CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY); 1.100 (PLEADINGS AND MOTIONS); 1.130 (ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS); 1.140 (DEFENSES); 1.170 (COUNTERCLAIMS AND CROSSCLAIMS); 1.200 (PRETRIAL PROCEDURE); 1.310 (DEPOSITIONS UPON ORAL EXAMINATION); 1.320 (DEPOSITIONS UPON WRITTEN QUESTIONS); 1.340 (INTERROGATORIES TO PARTIES); 1.410 (SUBPOENA); 1.431 (TRIAL JURY); 1.500 (DEFAULTS AND FINAL JUDGMENTS THEREON); 1.510 (SUMMARY JUDGMENT); 1.625 (PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS); 1.630 (EXTRAORDINARY REMEDIES); 1.900 (FORMS); and forms 1.910 (SUBPOENA FOR TRIAL); 1.911 (SUBPOENA DUCES TECUM FOR TRIAL); 1.912 (SUBPOENA FOR DEPOSITION);1.913 (SUBPOENA DUCES TECUM FOR DEPOSITION); 1.918 (LIS PENDENS); 1.921 (NOTICE OF PRODUCTION FROM NONPARTY); 1.922 (SUBPOENA DUCES TECUM WITHOUT DEPOSITION); 1.975 (NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT); 1.980 (DEFAULT); 1.997 (CIVIL COVER SHEET); and new rule 1.545 (FINAL DISPOSITION FORM).
The Court invites all interested persons to comment on the proposed amendments, which are summarized below and reproduced in full online at http://www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the Court on or before March 15, 2016, with a certificate of service verifying that a copy has been served on the Committee Chair, Judge Jacqueline Hogan Scola, Miami Dade County Courthouse, 73 West Flagler Street, Suite 414, Miami, Florida 33130-1715, [email protected], and on the Bar Staff Liaison to the Committee, Gregory A. Zhelesnik, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral, which may be scheduled in this case. Further, if comments are directed toward the proposed amendments to rule 1.100 (PLEADINGS AND MOTIONS), the certificate of service shall also verify that a copy has been served on the proponents of the amendments Judge Robert L. Crown, Collier County Government Complex, 3315 Tamiami Trail East, Suite 206, Naples, Florida 34112-5324, [email protected], and Amy Singer Borman, 205 North Dixie Highway, Floor 5, West Palm Beach, Florida 33401-4522, [email protected]. If comments are directed toward the proposed amendments to rule 1.310 (DEPOSITIONS UPON ORAL EXAMINATION), the certificate of service shall also verify that a copy has been served on the proponent of the amendments Jonathan Derek Franklin, Franklin Legal Group, P.A., 9155 South Dadeland Boulevard, Suite 1710, Miami, Florida 33156-2742, [email protected]. If comments are directed toward the proposed amendments to rule 1.320 (DEPOSITIONS UPON WRITTEN QUESTIONS), the certificate of service shall also verify that a copy has been served on the proponent of the amendments Stephen Lutz Segall, 5 Palmetto Drive, Wrightsville Beach, North Caroline 28480-5016. If comments are directed toward the proposed amendments to rule 1.431 (TRIAL JURY), the certificate of service shall also verify that a copy has been served on the proponent of the amendments Judge James M. Barton, 500 East Kennedy Boulevard, Suite 100B, Tampa, Florida 33602-4934, [email protected]. If comments are directed toward proposed new rule 1.545 (FINAL DISPOSITION FORM), the certificate of service shall also verify that a copy has been served on the proponent of the amendments Amy Singer Borman, 205 North Dixie Highway, Floor 5, West Palm Beach, Florida 33401-4522, [email protected]. If comments are directed toward the proposed amendments to rule 1.630 (EXTRAORDINARY REMEDIES), the certificate of service shall also verify that a copy has been served on the proponent of the amendments Andrew Paul Kawel, 2850 South Douglas Road, Suite 303, Coral Gables, Florida 33134-6925, [email protected]. The Committee Chair has until April 5, 2016, 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 Florida Courts E-Filing 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, Florida 32399-1927; no additional copies are required or will be accepted.
IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, CASE NO. SC16-155
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RULE/FORM
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EXPLANATION |
| 1.020 (PRIVACY AND COURT RECORDS) | The proposed amendment adds a reference to Florida Rule of Judicial Administration 2.420 to bring to the practitioner’s attention the requirement that all filings and pleadings be in conformity with it. |
| 1.071 (CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY) |
As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.100 (PLEADINGS AND MOTIONS) | The proposed amendment to subdivision (c)(1) adds the requirement that the names of all parties be included in the caption of the complaint to ensure that pro se parties and other parties are advised and notified on the face of the pleading that they are, in fact, party to the lawsuit. The subdivision is also broken up into a list format for easier identification of requirements.
Subdivision (c)(2) is amended to become subdivision (d) in order to set out the requirement of a Civil Cover Sheet and to ensure that practitioners are complying with this rule on a routine basis. |
| 1.130 (ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS) | As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.140 (DEFENSES) | The committee proposes amending subdivisions (a)(3), (a)(4), and (e) to effectually change the concept of the rule to be based on when the “filing” of the court’s order occurs, as opposed to when “notice” occurs. Classically, notice requires actual knowledge, but creates confusion as to the calculation of when a response is due. This proposed amendment is intended to provide more certainty as to when a responsive pleading is due. |
| 1.170 (COUNTERCLAIMS AND CROSSCLAIMS); & 1.200 (PRETRIAL PROCEDURE) |
As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.310 (DEPOSITIONS UPON ORAL EXAMINATION) | Subdivision (f)(3)(B) has been amended to correct a cross-reference error to correctly reference Rule 1.280(g) |
| 1.320 (DEPOSITIONS UPON WRITTEN QUESTIONS) | The proposed amendment to subdivision (a) incorporates the provisions of Rule 1.330(d)(3)(c) regarding objections to form by waiving objections to the form of written questions unless the objections are served in writing upon the party proposing them within the time allowed for serving the succeeding cross or other questions and within 10 days after service of the last questions authorized.
The proposed amendment to subdivision (b) allows a deposition on written questions to be videotaped in accordance with Rule 1.310(b)(4). |
| 1.340 (INTERROGATORIES TO PARTIES); & 1.410 (SUBPOENA) |
As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.431 (TRIAL JURY) | The proposed amendment to subdivision (g)(1) clarifies that the court has the authority, in the court’s discretion, to impanel more than 2 alternate jurors.
The proposed amendment to subdivision (h) changes the time for a motion for juror interview from 10 days to 15 days in order to match the time period for a motion for new trial contained in Rule 1.530. |
| 1.500 (DEFAULTS AND FINAL JUDGMENTS THEREON); & 1.510 (SUMMARY JUDGMENT) |
As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.545 (FINAL DISPOSITION FORM) | This rule was created to bring attention to the requirement of filing a final disposition form and to ensure that practitioners are complying on a routine basis. The content of this rule was previously contained in Rule 1.100(c)(3). |
| 1.625 (PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS) | As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.630 (EXTRAORDINARY REMEDIES) | The proposed amendment to subdivision (b)(3) provides consistency within the rule by replacing the term “petition” with the term “complaint.” This change had been made throughout the rule in a prior amendment, with this one instance overlooked. This amendment corrects that oversight. |
| 1.900 (FORMS) | As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the rules to promote consistent language use. |
| 1.910(a) & (b) (SUBPOENA FOR TRIAL); 1.911(a) & (b) (SUBPOENA DUCES TECUM FOR TRIAL); 1.912(a) & (b) (SUBPOENA FOR DEPOSITION); 1.913(a) & (b) (SUBPOENA DUCES TECUM FOR DEPOSITION); 1.918 (LIS PENDENS); 1.921 (NOTICE OF PRODUCTION FROM NONPARTY); 1.922(a)-(d) (SUBPOENA DUCES TECUM WITHOUT DEPOSITION); & 1.975 (NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT) |
To meet the requirements of Florida Rule of Judicial Administration 2.515(a), the committee proposes amending signature blocks to include a space for both telephone numbers and e-mail addresses. |
| 1.980 (DEFAULT); & 1.997 (CIVIL COVER SHEET) |
As a result of the institution of e-filing and e-service, the committee proposes substituting the word “paper(s)” to “document(s)” wherever it appears in the forms to promote consistent language use. |
