New Florida Rules of Civil Procedure Effective January 1, 2025

Earlier this year I wrote a blog post titled, “Florida Rule Changes Bring Civil Practice Into Closer Alignment with Federal Practice“, concerning modifications to Florida Rule of Civil Procedure 1.510 (governing summary judgment) and the newly adopted Florida Rule of Civil Procedure 1.202, which requires a movant to confer prior to filing non-dispositive motion.

These rules and the following notable amendments to the Florida Rules of Civil Procedure are effective January 1, 2025.

Rule 1.110(d) – Affirmative Defenses (amended in part)

Amended Rule 1.110(d) clarifies that affirmative defenses must meet the same pleading standards as a complaint and provides:

Affirmative Defenses. In pleading to a preceding pleading, a party shall must set forth affirmatively: accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. A pleading that sets forth an affirmative defense must contain a short and plain statement of the ultimate facts supporting the avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if justice so requires, shall must treat the pleading as if there had been a proper designation. Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or
defense under rule 1.140(b);, provided this shall does not limit amendments under rule 1.190 even if such ground is sustained.

Rule 1.200 – Case Management Tracks and Orders (superseded by amended rule)

Rule 1.200 was rewritten entirely and provides that each civil case must be assigned to one of three case management tracks (complex, general, or streamlined) within 120 days. In each, the Court must issue a case management order containing deadlines for the completion of discovery, pretrial deadlines and “projected or actual trial period based on the case track assignment”, and include at least eight (8) specific deadlines. The Court is required to strictly enforce its case management order, unless modified by court order. However, the revised rules allow the parties to “submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in the case management order.”

Rule 1.280 – Proportionality in Discovery, Automatic Disclosures and Duty to Supplement (amended in part)

Rule 1.280 incorporates into the scope of discovery subdivision the proportionality language of Federal Rule of Civil Procedure 26(b)(1) in section 1.280(b)(1), requires certain initial discovery disclosures “within 60 days after the service of the complaint or joinder, unless a different time is set by court order” in section 1.280(a), and imposes a duty to supplement discovery in section 1.280(f).

Rule 1.440Setting Action for Trial (amended)

Rule 1.440 has been amended remove the requirement that a matter be “at issue”, i.e. the pleadings closed, before it can be scheduled for trial. It also requires the Court to enter order fixing the trial period not later than 45 days before the projected trial period in most types of cases and that the start of the trial period be least 30 days after the date of the court’s service of the order, unless all parties agree otherwise.

Rule 1.460 – Motions to Continue Trial (superseded by amended rule)

Formerly labelled “continuances”, Rule 1.460 discourages motions to continue trial and states strict requirements for such motions as follows:

(a) Generally. Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case. Motions for continuance based on parental leave are governed by Florida Rule of General Practice and Judicial Administration 2.570.
(b) Motion; Requirements. A motion to continue trial must be in writing unless made at a trial and, except for good cause shown, must be signed by the named party requesting the continuance.
(c) Motion; Timing of Filing. A motion to continue trial must be filed promptly after the appearance of good cause to support such motion. Failure to promptly request a continuance may be a basis for denying the motion to continue.
(d) Motion; Contents. The moving party or counsel must make reasonable efforts to confer with the non-moving party or opposing counsel about the need for a continuance, and the non-moving party or opposing counsel must cooperate in responding and holding a conference. All motions for continuance, even if agreed, must state with specificity:
(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 such as third-party witnesses or experts are available; and
(4) the proposed date by which the case will be ready or trial and whether that date is agreed by all parties.
If the required conference did not occur, the motion must explain the dates and methods of the efforts to confer. Failure to confer by
any party or attorney under this rule may result in sanctions.
(e) Efforts to Avoid Continuances. To avoid continuances, trial courts should use all appropriate methods to address the issues causing delay, including requiring depositions to preserve testimony, allowing remote appearances, and resolving conflicts with other judges as provided in the Florida Rules of General Practice and Judicial Administration.
(f) Setting Trial Date. When possible, continued trial dates must be set in collaboration with attorneys and self-represented litigants as opposed to the issuance of unilateral dates by the court.
(g) Dilatory Conduct. If a continuance is granted based on the dilatory conduct of an attorney or named party, the court may impose sanctions on the attorney, the party, or both.
(h) Order on Motion for Continuance. When ruling on a motion to continue, the court must state, either on the record or in a written order, the factual basis for the ruling. An order granting a motion to continue must either set a new trial period or set a case management conference. If the trial is continued, the new trial must be set for the earliest date practicable, given the needs of the case and resources of the court. The order must reflect what further activity will or will not be permitted.

Practitioners should familiar themselves with the amended and rewritten Florida Rules of Civil Procedure ahead of the January 1, 2025 effective date.

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