Significant changes to Floridaโs rules of civil procedure will take effect on January 1, 2025. Law firms across the state are preparing for these changes, which are designed to streamline how civil cases move through the courts. The new rules target several key areas, including case management, pretrial discovery, and trial continuances. They are in response to the backlog of cases from the COVID-19 pandemic and a surge in filings due to recent tort reform.
If you’re involved in a civil case in Florida or think you might be in the future, these changes will affect how your case is managed and resolved. This article will help you understand what to expect when these new rules take effect.
Changes to Judicial Case Management and Pretrial Discovery
Recent revisions to Florida Rules of Civil Procedure 1.200 and 1.201 have established a more structured case management framework. Under revised Rule 1.200, all civil cases must be assigned to one of three tracks within 120 days of filing the initial complaint: complex, general, or streamlined. According to the Florida Supreme Court, track assignment depends on the level of judicial attention required rather than the case’s financial value.
Following track assignment, the court must issue a case management order establishing litigation deadlines. These deadlines can only be modified by court order. Parties may request deadline extensions, provided the changes don’t impact other dates specified in the case management order. With case-related deadlines now firmly established, you should hire an experienced Fort Lauderdale personal injury lawyer to help make sure you meet them.
Rule 1.201 deals specifically with complex cases. The court may, but is not required to, hold a hearing on whether or not a case should be designated as complex. Parties must notify the court if a case management conference or hearing becomes unnecessary. Motions for trial continuances are governed by Rule 1.460 (more on this below). These amendments should increase efficiency by allowing courts to allocate resources more effectively according to each case’s complexity.
Trial Setting and Continuances: Understanding the New Requirements
Changes to Rule 1.440 allow for more flexibility in scheduling trials. It eliminates the โat issueโ requirement and allows the court to set a trial while the pleadings are still open. Upon motion by a party or on its own, the court may set a trial date earlier than the projected trial period stated in a case management order. For streamlined and general cases subject to Rule 1.200, courts must set a trial period at least 45 days before the projected trial period stated in the case management order.
Rule 1.460 creates stricter standards for trial continuances. It explicitly states that they are disfavored and should rarely be granted, requiring good cause for approval. When ruling on continuance motions, judges must document their reasoning either in writing or on record. If a continuance is granted, the court order must either set a new trial date or schedule a case management conference while clearly specifying which case activities may proceed. These changes reflect the court’s commitment to reducing unnecessary delays and ensuring timely case resolution.
Navigating the 2025 Civil Procedure Changes
As Florida prepares to implement these changes to civil procedure in the new year, having experienced legal counsel becomes more crucial than ever. The nature of these changes, which affect everything from case management to trial continuances, requires the guidance of attorneys well-versed in Florida’s rules of civil procedure. At Ginnis, Krathen, & Zelnick, P.A., our team has been proactively preparing for these changes. Our attorneys have extensive experience in civil litigation and are ready to navigate cases under the new framework. To learn more about how we can help you understand and adapt to these changes, contact us today.