On January 1, 2025, significant changes to the Florida Rules of Civil Procedure took effect, reshaping how civil cases are managed, litigated, and resolved. These changes, introduced by the Florida Supreme Court, aim to streamline case management, reduce costs, and align state court procedures with federal standards. For clients involved in litigation, these amendments will significantly impact the pace, strategy, and requirements of their cases. County court case rules like evictions or unlawful detainers remain unchanged.
Key Changes and Their Impact on Litigation
1. Mandatory Active Case Management
One of the most significant changes is the introduction of mandatory case management. Judges are now required to assign every civil case to one of three tracks—complex, general, or streamlined—within 120 days of the case being filed. This structured approach is designed to ensure cases progress efficiently, with strict enforcement of deadlines tailored to the complexity of each case.
Client Impact: Cases will move more quickly, and delays will be harder to obtain. Clients should expect a more proactive judicial approach, with courts holding both parties accountable for meeting deadlines.
2. Proportionality in Discovery
The new rules impose limits on discovery to prevent excessive and unnecessary requests. Discovery must now be “proportional” to the needs of the case, meaning it should be reasonable in scope and cost relative to the dispute.
Client Impact: While this should reduce legal expenses and streamline litigation, it also means that parties must be more strategic in gathering and presenting evidence. Overbroad discovery requests will likely face objections.
3. Initial Disclosures and Duty to Supplement
Previously, parties were not required to exchange certain key information until discovery requests were served. Now, parties must provide initial disclosures of relevant information within 60 days of a lawsuit being filed, and they must supplement those disclosures if new information arises.
Client Impact: Clients must be prepared to provide all relevant documents and information early in the litigation process. Failing to comply with disclosure requirements could lead to sanctions or disadvantages in the case.
4. Stricter Rules on Trial Continuances
Under the new rules, motions to continue trial dates are disfavored and will only be granted upon showing good cause. Judges now have stricter guidelines on when continuances can be granted.
Client Impact: Clients should be prepared for a more predictable trial schedule, with fewer opportunities for delay. Planning and preparation will be critical to ensuring compliance with court deadlines.
5. New Requirements for Motions and Hearings
The new rules require attorneys to confer with opposing counsel before filing most motions. Summary judgment deadlines have also been adjusted to align with case management orders, ensuring consistency.
Client Impact: These changes promote efficiency and cooperation between opposing parties, potentially reducing unnecessary court battles. Clients should expect their attorneys to engage in early discussions to resolve disputes before bringing them to the court.
What Clients Should Expect Moving Forward
- Faster Resolution of Cases: With stricter case management and deadlines, cases should move through the court system more efficiently.
- More Active Role from Judges: Courts will take a more hands-on approach in managing case timelines and enforcing compliance.
- Greater Need for Organization: Clients will need to be proactive in providing documents, meeting deadlines, and working closely with their attorneys to ensure compliance with the new rules.
- Reduced Costs in Some Cases: Proportional discovery and required cooperation between parties may help control litigation expenses.
While these changes bring challenges, they ultimately aim to make Florida’s civil litigation process more efficient and cost-effective. Clients involved in litigation should stay informed and work closely with their attorneys to navigate these new procedures successfully. If you have questions about how these rules impact your case, our law firm is here to guide you through the transition and ensure you are well-prepared for what lies ahead.