Florida’s Civil Procedure Rules Will Change How Trials Are Run

If you recently found yourself at a pre trial-conference and saw a judge grant a continuance, it might have come with a message: “Don’t expect this after next year.” This refers to the Florida Supreme Court’s sweeping rule changes to Florida Rules of Civil Procedure set to take effect on Jan. 1.

These rule changes were designed to address the significant Covid-19 induced backlog of cases, combined with the record-setting wave of filings prior to Florida’s Tort Reform Act, which together have spread thin already overloaded judicial resources.

These changes aimed to continue the post-Covid momentum of finding a more streamlined way for civil cases to progress, with emphasis on active case management. The revisions will require attorneys and insurance carriers to continue adjusting their approach to civil cases.

While these rule changes involve discovery, pleadings, and various motion practices, the rule changes will also impact case management, continuances, and trial.

Case Management and Pretrial Procedure

Rule 1.200 was rewritten entirely and may look similar to the directives in the Florida Supreme Court administrative order 20-23. This rule requires cases to be assigned to one of three case management tracks—complex, general, or streamlined—within 120 days.

The chief judge of each circuit will issue an administrative order outlining these requirements tailored to the needs of each circuit. Cases designated as “streamlined” or “general” must specify the trial period and must include at least eight specified deadlines.

Keeping with the general theme of these changes, the deadlines in the case management plan “must be strictly enforced unless changed by court order.” Parties may nonetheless submit an agreed order extending a deadline if the extension doesn’t affect the ability to comply with the other case management deadlines. Requests for modification of the trial period must be made in compliance with the new stringent requirements of Rule 1.460.

Setting Action for Trial

Rule 1.440 is amended to eliminate the “at issue” requirement. Courts now may set a case for trial regardless of whether the pleadings are open or closed. In addition, Rule 1.440 will now require courts to enter an order fixing the trial period 45 days prior to any projected trial period in a case management order.

In practice, it’s likely courts will enter an order the first time you find yourself in court, or otherwise as soon as possible. However, courts must allow for 30 days from service of the court’s trial order to the first day of the trial period, unless all parties agree otherwise.

Motions to Continue Trial

One of the most significant changes is how courts will handle motions to continue. Rule 1.460 states that motions to continue are now “disfavored” and “should rarely be granted,” and further successive continuances are “highly disfavored.”

The rule maintains that motions to continue should only be granted upon “good cause shown.” It specifies that a case will not be continued for “lack of due diligence.”

The procedure for a motion to continue will also change in 2025. Even if good cause existed at one point for a motion to continue, it may nonetheless be denied as untimely if the motion is not raised “promptly” after the appearance of good cause to support the motion.

Even if the motion is agreed, the motion must state: the basis of the need for the continuance, including when the basis became known to the movant; whether the motion is opposed; the actions which the movant needs to take before being ready for trial, and the dates when those actions will occur; the proposed date by which the case will be ready for trial, and whether the date is agreed to by all parties.

Finally, if the court finds that a continuance was needed based on the dilatory actions of an attorney or party, the court may impose sanctions against the offender.

Outlook

While these rule changes will certainly streamline the Florida civil case, it’s unclear if this will promote equitable resolution of cases. For example, a plaintiff may have the benefit of investigating and preparing a case for years, only being mindful of the statute of limitations.

Yet, a defendant will have to condense that process into the time period determined by each local circuit.

With all litigants facing tightened deadlines, securing hearing time on a court’s already crowded calendar may be even more difficult than it is now. This may present challenges in resolving discovery disputes.

For attorneys and claims professionals, an emphasis on early and aggressive investigation of a claim is key. This will facilitate prompt identification of cases as settlement or trial candidates, as well as development of a defense strategy.

Consideration of experts will need to occur as soon as is practical. Particular forethought should be given to cases that may need a compulsory medical examination.

Credentialed experts are extremely busy and, with more cases needing their services, dates for these examinations will continue to be harder to come by.

Litigating civil cases in 2025 will require a proactive approach. Attorneys and claims professionals must become familiar with these changes to effectively navigate them.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

Conner Werner is an associate at Segal McCambridge and defends businesses and individuals in complex civil litigation matters.

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