Florida’s Rules of Civil Procedure govern civil proceedings in Florida courts. On January 1, 2025, significant amendments to the Florida Rules of Civil Procedure took effect, aiming to enhance the efficiency and effectiveness of civil litigation throughout the state. These changes, inspired by federal standards, introduce new protocols for case management, discovery, and motion practices. The following is a concise overview of the key amendments with comment on how they are likely to impact future cases:
Active Case Management:
Florida’s Supreme Court has made it clear that they want to see cases move through the court system more expeditiously. Filing suit only to let the case languish on the court’s docket will no longer be the norm, as most cases will be subject to a case management order requiring the party’s to proceed to trial within a year.
While it will certainly be refreshing to see cases move through the system faster than ever before, clients will need to exercise patience pre-suit, as prudent attorneys will want to take extra care to make sure they have developed the case as much as possible prior to filing (which means pre-suit legal fees are likely to increase, as well).
Disclosure Obligations:
In most cases, parties are now required to provide to their counterpart(s) certain initial disclosures, to include:
- Names of individuals who may possess discoverable information;
- Documents that you intend to introduce in support of your case;
- Computation of damages*; and
- Insurance policies that may satisfy a future judgment.
These disclosures must be made within 60 days of service of the lawsuit and each party has an ongoing obligation to supplement their disclosures throughout the duration of the case.
Once again, clients (and their lawyers) will want to have their evidence ready to go early in the case (or, best practice for plaintiffs, before the case is even filed). Suggestion to clients: compile the above-listed information / documentation before the case is sent to legal counsel. This will save your attorney time, which will save you money.
*Foreclosure Disclosures: In foreclosure cases, an updated disclosure must be submitted each time the delinquent owner’s balance increases with each new assessment that comes due.
Conferral Requirements:
To foster efficiency and to preserve judicial resources, the amendments establish a conferral requirement for filing non-dispositive motions. Parties must now confer in good faith to resolve issues before seeking court intervention on most non-dispositive motions.
Trial Dates and Continuance Limitations
Expect trial dates to be set early in the case. Again, the emphasis here is on keeping the case moving to its end. Do not expect judges to grant continuances absent a very strong basis for doing so.
Practical consideration: while an expedited litigation timeline does not necessarily equate to an increase in overall fees and costs, litigation expenses will now be incurred earlier in the case and over a shorter period of time. As a result, it would be wise for litigants to make sure they have funding in place at the onset of the case.
Conclusion:
While these amendments will hopefully increase efficiency, front-end legal fees are likely to increase in most cases. In addition, litigation has now become more cumbersome and intrusive on the lawyers handling these cases (due to the amendments listed above, as well as some additional amendments that are not highlighted here). So, it is more important than ever to make sure that your retained counsel is ready, willing and able to take your case to trial. “Settlement attorneys” who have historically made a living endlessly delaying trial in hopes of settlement need not apply.
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