A Race to Work the Case: New Changes to the Florida Rules of Civil Procedure and What It Means for Defense Civil Litigators
For The Florida Bar Journal May/June issue
With so many changes to the Florida Rules of Civil Procedure, attorneys must stay prepared to effectively manage their cases. On December 5, 2024, the Florida Supreme Court entered two orders adopting additional amendments to make the May 2024 proportionality and discovery changes more effective and to resolve any potential inconsistencies.[1] These rules became effective January 1, 2025. Additionally, the Florida Supreme Court, adopted amendments to Florida Rule of Civil Procedure 1.510 Summary Judgment and 1.202 meet and confer rules. Amends.[2] The majority of the amended rules apply to pending cases filed prior to the amendments’ effective date. With these new deadlines, it will be a race to work the case.
And The Race Begins
As the new year begins, defense attorneys must start the race to work their cases immediately upon being notified of a lawsuit. Under Am. Rule 1.200(b) (2025), within 120 days of filing a case, the case must be assigned to one of three case management plan tracks: streamlined, general, or complex. Streamlined track cases are cases that have the need for limited discovery, the liability and damages issues are well-established, and the anticipated trial length is no more than three days.[3] General track cases are all cases that are not determined to be complex by the court and require discovery to determine the disputed issues.[4] Most cases will fall under the general track. Florida Rules of General Practice and Judicial Administration, Rule 2.250, established what reasonable time is for the completion of cases in the trial courts. As such, for general track cases, attorneys will need to investigate, conduct discovery, and develop these cases within 18 months of filing.[5] Given the 18-month timeframe for general litigation cases, defense counsel must start out strong to comply quickly with the new discovery disclosure requirements within 60 days of service of the complaint, including production of entire insurance policies to opposing counsel and disclosure of all known witnesses and documents supporting the disclosing party’s claims and defenses.[6]
For defense attorneys, the case management plan is now a sword and a shield. The case management plan will be strictly enforced and sanctions will be issued for failure to comply with the plan’s deadlines.[7] Under Rule 1.200(d)(2) (2025), there are nine deadlines that case management orders must prescribe for streamlined and general track cases. These deadlines are: 1) service of complaints, 2) service under extensions, 3) adding parties, 4) completing fact discovery, 5) completing expert discovery, 6) filing and serving motions for summary judgment (which are no longer timed to the hearing date thereon), 7) filing and resolving objections to pleadings, 8) filing and resolving pre-trial motions, and 9) completing mediation.[8] Courts have authority to impose sanctions when a party fails to make initial disclosures, fails to answer an interrogatory submitted under Rule 1.340, fails to produce a person in that party’s custody, or provides evasive and incomplete answers to discovery request, to name a few.[9] To further emphasize the increased importance of strict deadline enforcement, the Florida Supreme Court has set forth sanctions for failure to attend any case management conference.[10] The court may dismiss the action, strike the pleadings, or limit proof or witnesses for failure to attend the case management conference.[11]
Let’s Talk: Time To Call and Confer
One of the most fundamental skills for effective lawyers to possess is the ability to communicate. With advances in technology, so many lawyers shy away from actually speaking with opposing counsel on the phone or communicating at all prior to filing a motion. Communication is essential to moving cases along and resolving disputes without court intervention. Under the new 1.202 conferral rule, every motion filed must include one of two types of certifications: 1) certifying conferral efforts are made and include the method of communication, the date(s) of communication, and the results of the conferral; or 2) certifying that conferral prior to filing is not required under Rule 1.202(b).[12] This rule is similar to the Local Rules of Florida Federal District Courts, which conferral before filing a motion in a civil action.[13] There are 14 types of motions that do not require conferral, though they will still require certification under Rule 1.202(b) that conferral was not required. For defense attorneys, the most common among these exempt motions include default, judgment on the pleadings, summary judgment, dismissal for failure to state a claim, involuntary dismissal, dismissal for failure to prosecute, directed verdict, and Rule 1.530 motions.[14]
Disclose What You Know
With the race to work the case moving faster than ever, there is no time to hide the ball. A defense lawyer’s job is to discover evidence that can be used to support or defend the client. Obtaining as much information as possible regarding the facts of a case is vital to proper case planning and early determination of litigation strategies. Prior to the amended rules, there was no set timeframe for a general track case. Now, most civil cases are assigned to a track within 120 days and are expected to be completed within 18 months. Rule 1.280 now requires initial discovery disclosures.[15] The rule is analogous to Rule 26(a) Initial Disclosures Under the Federal Rules of Civil Procedure.[16] Parties no longer have the luxury of waiting until discovery requests are served before disclosing information. Under the amended rule, within 60 days after service of the complaint, the parties must serve initial discovery disclosures upon each other, which include: 1) contact information of individuals likely to have discoverable information supporting the disclosing party’s claims or defenses, plus a description of the subject matter believed to be in the individual’s possession; 2) copies of all documents in the disclosing party’s possession, custody, or control, that the party may use to support its claims or defenses; 3) computation of each category of damages claimed by the disclosing party and copies of all supporting documents; and 4) copies of insurance policies that may be available.[17]
Under Rule 1.280(f)(1), a party may not seek discovery from any source before that party’s initial disclosures obligations are satisfied, unless authorized by stipulation or court order.[18] This is a game-changer for both sides that cuts through the ubiquitous case delays caused by boilerplate discovery objections, incomplete discovery responses, and subsequent motion practice addressing these issues. The goal of this rule change is to remedy some of the delays caused by the discovery process.
The rules governing discovery requests have changed as well.[19] Counsel can no longer use an objection to one part of a discovery request as a basis to provide no response to the remainder of the request.[20] If part of the information or documentation falls outside of the specific objection, that portion must be produced.[21] Under amended Rules 1.340 (2025) and 1.350 (2025), parties must state with “specificity” the grounds for each objection, including the specific “reasons” for the objection.[22] When answering interrogatories, objections not timely raised are waived, unless the court excuses the failure for good cause.[23] When responding to document productions, the responding party must disclose whether any responsive materials are being withheld on the basis of the objection.
The new discovery rules also now impose a continuing obligation to supplement and/or correct both initial disclosures and all discovery responses in a “timely manner” if they learn or obtain new, additional, or corrective information.[24] Failure to timely do so will result in sanctions.[25]
Summary Judgment Refined
Amended Rule 1.510 imposes substantial changes to the timing of responses to summary judgment motions and hearing dates for those motions.[26] Under amended Rule 1.510(c)(5) the nonmovant must serve a response no later than 40 days after service of the motion for summary judgment. Under 1.510(c)(6), the hearing on such motions must be set for a date at least 10 days after the deadline for serving a response. However, these changes to Rule 1.510 apply only to motions filed on or after January 1, 2025, not to motions filed before that date.
Bye-Bye Motions To Continue Trial
Defense attorneys must prepare each case as if it is going to trial on the date set. Motions to continue trial have generally been disfavored by the court and granted at the discretion of the court.[27] Under the amended rules, it has now become harder to request and be granted such a continuance.[28] Under amended Rule 1.460(d), a motion to continue trial must include: 1) the basis of the need for the continuance, including when the basis became known to the movant; 2) whether the motion is opposed; 3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants are available; and 4) the proposed date by which the case will be ready for trial and whether the date is agreed upon by all parties.[29]
Under the revised rule, trial will not be continued by saying the case is not “at issue.” Pleadings do not need to be closed for the court to set a case for trial.[30] For all cases subject to Rule 1.200, with a projected trial period in the case management order, an actual trial date will be set within 45 days of the projected trial period.[31]
Conclusion
For lawyers, moving at a fast pace has always been the norm. However, with the new changes to the Florida Rules of Civil Procedure, we are now in a full-on race. Many of the changes will be advantageous to attorneys who have timely managed case deadlines from the inception of the case, as the courts are required to enforce the deadlines and issue sanctions for failure to comply with same. The strict deadlines will also encourage a more fruitful discovery process with less delay. Defense attorneys should no longer wait for a party to adhere to deadlines and will greatly benefit from proactively and timely advising the court of an adverse party’s failure to comply. Defense counsel must stay vigilant by complying with the time-sensitive deadlines and immediately holding other parties accountable for delay. The race to work the case is on!
[1] See Am. Fla. R. Civ. P., No. SC2023-0962 (Fla. Dec. 5, 2024).
[2] See Am. Fla. R. Civ. P., No. SC2024-0662 (Fla. May 23, 2024).
[3] See Fla. R. Civ. P. 1.200(b)(2).
[4] See Fla. R. Civ. P. 1.200(b)(3).
[5] See Fla. R. Gen. Prac. 2.250(B)(ii).
[6] See Am. Fla. R. Civ. P. 1.280(a)(1)(a-d).
[7] See Am. Fla. R. Civ. P. 1.380(4)(a)(b).
[8] See Fla. R. Civ. P. 1.200(d).
[9] See Am. Fla. R. Civ. P. 1.380(2)(a)(ii)(e)(iv)(f).
[10] See Fla. R. Civ. P. 1.200(j)(6).
[11] See Fla. R. Civ. P. 1.200(c).
[12] See Fla. R. Civ. P. 1.202(b).
[13] See Fed. R. Civ. P. 3.01(g).
[14] See Fla. R. Civ. P. 1.202(c).
[15] See Fla. R. Civ. P. 1.280(a).
[16] See Fed. R. Civ. P. 26(1).
[17] See Fla. R. Civ. P. 1.280(a)(1)(A)-(D), (a)(3).
[18] See Fla. R. Civ. P. 1.280(f)(1).
[19] See Fla. R. Civ. P. 1.340, 1.350.
[20] See Fla. R. Civ. P. 1.350(b)(6).
[21] See id.
[22] See Fla. R. Civ. P. 1.340, 1.350.
[23] See Fla. R. Civ. P. 1.340(a)(8).
[24] See Fla. R. Civ. P. 1.280(g).
[25] See Fla. R. Civ. P. 1.340(d).
[26] See Am. R. 1.510.
[27] Fla. Gas Trans. Comp., LLC. v. City of Tallahassee, 230 So. 3d 912, 42 Fla. L. Weekly D2239.
[28] See Fla. R. Civ. P. 1.460(a).
[29] See Fla. R. Civ. P. 1.460(d).
[30] Amends. to Fla. Rules of Civ. Proc., No. SC2023-0962 (Fla. Dec. 5, 2024).
[31] See Fla. R. Civ. P. 1.440(c)(2).
Lovecia Holmes-Oglesby is a senior litigation defense attorney at Wolfe & Wyman, LLP. In 2012, she attended Nova Southeastern University’s Shepard Broad School of Law, wherein she obtained her Juris Doctorate degree. Upon being admitted to practice law, she began her career handling maritime injury case against industry giants. In 2018, she moved into the defense world and is currently handling a wide variety of general defense cases.
