The Civil Procedure Rules Committee, the Criminal Procedure Rules Committee, the Rules of Judicial Administration Committee, and the Small Claims Rules Committee invite comments on the proposed rule amendments anticipated to be included in a joint out-of-cycle report. The full text of the proposal on Communication Equipment Rules is available for review.

Interested persons have until January 2, 2019, to submit any comments, electronically, to Scott Michael Dimond, Chair of the Civil Procedure Rules Committee, at [email protected]; Sheila Ann Loizos, Chair of the Criminal Procedure Rules Committee, at [email protected]; Eduardo I. Sanchez, Chair of the Rules of Judicial Administration Committee, at [email protected]; Christine M. Magee, Chair of the Small Claims Rules Committee, at [email protected]; and to the Bar staff liaisons Mikalla Andies Davis at [email protected]; Krys Godwin at [email protected]; and Heather Savage Telfer at [email protected].

Rule 1.310	33-1-0	Subdivision (b)(7) is amended to add that upon motion or agreement by the parties, the court may order testimony by audio communication equipment or audiovisual communication equipment. The second sentence of subdivision (c) is amended to add “or comparable audio communication equipment.” The second sentence also adds “physically” prior to the word “present” to emphasis where the person administering the oath is located when depositions are not taken over the telephone or by audio or audiovisual communication equipment occur. An additional sentence is added to subdivision (c) to explain how the oath will be administered when depositions are taken over by video conferencing or comparable audiovisual equipment. In subdivision (c), “stenographically” is deleted as it is outdated and replaced with “transcribed.”
Rule 1.451	33-1-0	Subdivision (b) is amended to permit testimony at a hearing or trial by “contemporaneous audio, or by video conference or comparable audiovisual communication equipment.” Subdivision (c) is amended to add “conference or comparable audiovisual” and “both audible and” for greater specification on the required equipment. Subdivision (d) is amended to add how the oath will be administered when testimony is taken over by video conferencing or comparable audiovisual equipment. Subdivision (d) also adds “physically” prior to the word “present” in the first sentence to emphasis where the person administering the oath is located when testimony is taken by audio communication equipment.
Rule 2.530	34-0-2	Subdivision (a) is amended to replace “electronic device” with “comparable audio equipment” for greater specification for the reader. Subdivision (a) is also amended to define communication equipment. Subdivision (d)(3) is amended to add “audio” prior to “communication” for greater specification for the reader. Subdivision (d) (3) is also amended to add how the oath will be administered when testimony is taken over by video conferencing or comparable audiovisual equipment. Last, subdivision (d)(3) adds “physically” prior to the word “present” in the first sentence to emphasis where the person administering the oath is located when testimony is taken by audio communication equipment.
Rule 3.116	29-1	A new rule to address taking testimony in criminal proceedings. allows for the use of video communication equipment for witness testimony. Requires safeguards for the court to maintain control of the equipment and transmission of testimony to accommodate objections or prevent prejudice. Requires that the notary be in the same location as the witness appearing remotely.
Rule 7.140	(e) 19-0 (f) and (g) 16-2	The title of subdivision (e) is amended to consistently use the phrase “parties not represented by an attorney.” Subdivision (f) amended to update references to “telephone” with “audio or video communication equipment.” New subdivision (g) defines audio or video communication equipment.

FLORIDA PROBATE RULES COMMITTEE
2019 REGULAR-CYCLE AMENDMENTS

The Florida Probate Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee’s regular-cycle report. The full text of the Florida Probate Rules Regular Cycle Amendments are available for review.
Interested persons should file comments with the Florida Supreme Court after the report has been filed. The regular-cycle report will be filed no later than February 1, 2017. Comments should be served electronically, to the Co-Chairs of the Florida Probate Rules Committee, Theodore Stanley Kypreos and Cristina Papanikos, at [email protected] and [email protected], and to The Florida Bar staff liaison, Heather Telfer, at [email protected].

Rule	Vote	Explanation
Rule 5.200.	33-0	Subdivision (e) amended to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment of a personal representative under section 733.301, Florida Statutes. Subdivision (k) amended to require a statement of the specific facts that show the petitioner’s qualifications to serve as personal representative under sections 733.303 and 733.304, Florida Statutes. Committee notes revised.
Rule 5.499.	34-0	Subdivision (e) amended to eliminate a time deadline not otherwise required by statute or law. Committee notes revised.

Guidelines for Rules Submissions

Supreme Court Guidelines for Rules Submissions

Rules of Court Procedure Opinions

Florida Supreme Court opinions

Florida Standard Jury Instructions

Standard Jury Instructions in Criminal Cases 1970