https://www.floridabar.org/the-florida-bar-news/ask-judge-smith-default-judgments-and-damages/
The Florida Rules of Civil Procedure allow a plaintiff to move for a default judgment when a defendant fails to file or serve any paper by the deadline. Filing a paper means submitting it to the court’s clerk. Serving a paper means handing, mailing, or emailing a response to the plaintiff or opposing lawyer. ...
On December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, which regulates summary judgment motions.[1] With the change, the Florida rule now models itself after the federal rule like most other states.[2] This amendment has been effective since May 1, 2021. Yet, an analysis of a random sample of Florida cases reveals that 21% of the courts were neither ...
Once a case is at issue, as defined by Fla. R. Civ. P. 1.440 (a), either party may file a notice for trial. Rule 1.440 (b) provides in part: “b) Notice for trial. Thereafter any party may file and serve a notice that the action is at issue and ready to be set for trial….”. The procedure is elegant in its simplicity.
The Florida Bar’s Civil Procedure Rules Committee has submitted to the Supreme Court an out-of-cycle report proposing rule amendments to address discovery of electronically stored information. The committee proposes amendments to rules 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1. ...
“The trial court is restricted in providing relief from judgments, decrees, or orders to the limited number of grounds set forth in Florida Rule of Civil Procedure 1.540.” Unlike Rule 1.530, Rule 1.540(b) expressly states the grounds upon which a motion to vacate may be presented to the trial court to vacate a final judgment. “Florida law ...
https://www.floridabar.org/the-florida-bar-journal/attaching-reason-not-documents-to-rule-1-130/
Guidance from the Federal Rules The Federal Rules of Civil Procedure do not explicitly contain a counterpart to Florida Rule 1.130. 28 But, in federal pleading practice, the same concepts driving the Florida rule exist, and they are generally applied as this article suggests Rule 1.130 should be applied.
https://www.floridabar.org/the-florida-bar-journal/the-work-product-privilege-in-a-nutshell/
Florida's courts subsequently adopted the work product privilege2 and it eventually became incorporated into the Florida rules of civil and criminal procedure.3 When applying the work-product privilege, courts generally use the same principles in both civil and criminal cases.4 Fla. R. Civ. P. 1.280(b)(3) defines work product as "documents and ...
Rule 1.280(b)(1) of the Florida Rules of Civil Procedure provides that a party may “obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party…” and that “it is not ground for objection that the information sought ...
Florida Rules of Civil Procedure Like the federal rules, the Florida Rules of Civil Procedure provide no basis for an attorney’s instruction to a witness not to answer a question submitted at an oral deposition. Moreover, Rule 1.310(c) of the Florida Rules of Civil Procedure, which precisely mirrors Rule 30(c) of the Federal Rules of Civil ...
https://www.floridabar.org/the-florida-bar-news/court-lays-down-rules-governing-e-discovery/
Court lays down rules governing e-discovery The Florida Supreme Court has approved procedural rule amendments governing the discovery and production of electronically stored information (ESI) in civil cases. “This is the culmination of a six-year effort of the Civil Procedure Rules Committee to bring forth modernization of the procedure in Florida in keeping with federal trends for the ...
