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Proposed Amendments to Rule 1.260 (Survivor; Substitution of Parties)

The Civil Procedure Rules Committee invites comments on the proposed rule amendments anticipated to be included in a report to the Court to address archaic language in Rule 1.260 (Survivor; Substitution of Parties). The full text of the proposal is below.

Interested persons have until May 1, 2020, to submit any comments, electronically, to Ardith Bronson, chair of the Civil Procedures Rules Committee, and Bar staff liaison Mikalla Davis.

Rule 1.260 25-0-0 In the second sentence of subdivision(a)(1), adds “filed and” and replaces “rule 1.080” with “Rule of Judicial Administration 2.516” for greater specification and as requested in Northrop Grumman v. Britt, 226 So. 3d 1059 (Fla. 3d DCA 2017).

In the third sentence of subdivision (a)(1), rephrases the sentence for clarity as to what should be filed after the death of the party and as requested in Northrop Grumman v. Britt, 226 So. 3d 1059 (Fla. 3d DCA 2017).

In subdivision (a)(2), rephrases the sentence for clarity as to what should be filed after the death of the party and as requested in Northrop Grumman v. Britt, 226 So. 3d 1059 (Fla. 3d DCA 2017).

In subdivision (b), adds “filed and” for consistency with the first subdivision.

Full Text Version of Proposal

Rule 1.260 Publication