SC13-74, In Re: Amendments to the Florida Rules of Civil Procedure

Post date: Nov 15, 2013 10:28:37 PM

The Florida Supreme Court yesterday amended various rules of civil procedure, effective January 1, 2014. The opinion and amendments can be viewed here.

Most importantly, the Court has amended rule 1.442 governing proposals for settlement. Gone is the requirement that the rule “identify the claim or claims the proposal is attempting to resolve”; in its place the proposal must now “state that [it] resolves all damages that would otherwise be awarded in a final judgment in the action,” subject to the separate provision regarding attorney fees. This amendment is intended to eliminate partial proposals for settlement.

Other significant changes can be summarized as follows:

  1. New rule 1.451 now allows testimony to be taken at trial via audio or video communication equipment by agreement of the parties or for good cause shown.
  2. New Rule 1.020 now expressly requires that all papers filed shall comply with Judicial Administration Rule 2.425, which pertains to private or confidential information.
  3. Rule 1.490 regarding magistrates has been amended in several respects.
  4. Rule 1.431(i) has been added governing communication with a jury during trial.
  5. The deadline for motions under rule 1.530 (new trial, rehearing, etc) has been changed from 10 to 15 days.
  6. The language and procedure to be used in the judgment debtor form has changed.
  7. The form for satisfaction of judgment has changed.
  8. The Uniform Guidelines on the Taxation of Costs have been changed to include costs pertaining to electronic discovery.
  9. The language to be used in subpoenas and notices of hearing regarding persons with disability has been changed as follows:

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] within 2 working days of your receipt of this subpoena at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.