RULE 1.200

Exemptions to Requirement for Case Management under Rule 1.200

The extensively revised Rule 1.200, effective January 1, 2025, represents perhaps the most significant change to Florida civil procedure in decades. It institutes a comprehensive case management system similar to the federal model, with differentiated case tracks, mandatory conferences, and detailed scheduling orders. These changes will require attorneys to prepare more thoroughly for early case events and adhere strictly to court-imposed deadlines.

1.200(a) lists exemptions, including:

• An action or proceeding under chapters 731-736, 738, and 744, FS
• Extraordinary writs; Enforcing foreign judgments
• Special division matters (e.g., complex division)
• Others

Rule 1.200: Rewritten to create new obligations

• But “[p]arties may submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates” in the CMO.
• If extension may affect other CMO dates, “parties must seek an amendment” of the CMO.
• Rule 1.200(e)(2): Once set (not merely projected), trial period can be changed only if requirements of the new version of Rule 1.460 are satisfied.

Case Management Order

• (F) filing and service of motions for summary judgment;

• (G) filing and resolution of all objections to pleadings;

• (H) filing and resolution of all pretrial motions;

• (I) completion of alternative dispute resolution.

• Rules 1.200(f), (g): Notices of Unavailability have no effect on case management deadlines. If a party can’t meet a deadline, file an agreed order (if the extension does not affect other deadlines 1.200(e)(1)), ask to modify CMO, or set a CMC.

• Rule 1.200(h): If trial not reached, court must enter order setting new trial period as soon as practicable; order must reflect what further activity is and is not permitted.

Rule 1.200(j) – Case Management Conferences

• Any hearing may be converted to a CMC by agreement of the parties at time of hearing.

• At end of CMC, Court must set deadlines for any proposed orders arising out of the CMC.

• Sanctions for nonappearance at CMC.

• Case management orders already in effect on January 1, 2025, continue to govern pending actions.

• For actions commenced before January 1, 2025, and in which the court has not issued a case management order by that date, a case management order must be issued by April 4, 2025.

RULE 1.202

Rule 1.202 – Conferral Prior to Filing Motions

Scope of Application

• Requiring good faith conferral between counsel prior to filing.
• The certificate of conferral must appear above the signature block with specific allegations of conferral efforts.

Exemptions & Sanctions

• Conferral NOT required for: unrepresented litigants, nor for motions extending service of process, default, injunctive relief, judgment on pleadings, summary judgment, motion to dismiss for failure to state a claim, to permit class action, involuntary dismissal, directed verdict and 1.530, enforcement of judgment, writs of possession…
• Sanctions may include denial without prejudice and penalties for purposeful evasion.

RULE 1.201

Rule 1.201 – Complex Litigation

Optional Hearings

• Amendment allows (but does not require) hearings to determine whether a case should be designated as complex.

Continuances

• Provide that motions for trial continuance are governed by Rule 1.460.

Notification Requirements

• Adds obligation for parties to “notify the court immediately if a case management conference or hearing time becomes unnecessary.”

Expediated Orders

• Requires case management orders to be entered within ten days after the initial case management conference, accelerating procedural timelines.

DISCOVERY

Initial Discovery Disclosures Requirements

1.280(a)(1): Initial Discovery Disclosures

• Amendment allows (but does not require) hearings to determine whether a case should be designated as complex.

1.280(a)(3): Disclosure Timing

• Requires initial disclosures within 60 days after service unless court orders otherwise.

1.280(a)(4): Disclosure Basis

• Mandates disclosures based on reasonably available information; incomplete investigation is not an excuse

Exemptions

• Rule 1.200(a)(2) provides identical exemptions as in Rule 1.200(a).

1.280(f): Disclosure Restrictions

• Prohibits seeking discovery before satisfying initial disclosure obligations, unless authorized by stipulation or court order

DISCOVERY

Scope of Discovery; Proportionality

Rule 1.280 (c)(1): Party may obtain any non privileged matter

Non-Privileged

• Only non-privileged matter is discoverable

Relevant

• Must be relevant to the claims and defenses

Proportional to the Needs of the Case

• Considering the importance of issues, amount in controversy, parties’ relative access, and resources

Exemptions

• Rule 1.200(a)(2) provides identical exemptions as in Rule 1.200(a).

Cost_benefit Analysis

• Discovery burden or expense must not outweigh likely benefit

  Commentary adopts almost all of Federal Rule 26(b)(1); Rule to be construed and applied in accordance with federal standard.

DISCOVERY

Supportive Amendments to Discovery Rules

Production Objections

• Rules 1.350(a)(4) and (5) mandate specific objection grounds with reasons

• Rule 1.350(a)(6) requires stating whether responsive material is being withheld

Sanctions

• Rule 1.380 expands sanctions for failure to respond or produce

• Creates significant consequences for non-compliances

DISCOVERY

Protective Orders and Supplementation

1.280 (g): Supplementing Responses

Creates an affirmative duty to supplement or correct discovery responses under specific circumstances:

• When new information becomes available
• When the responding party learns prior responses were incorrect
• When ordered by the court

Supplementation must be timely, particularly when the opposing party would not otherwise know about the new information.

DISCOVERY

Signing Requirements and Certification

Certification Standard

Signature constitutes certification that the document is complete, correct, consistent with rules and law, in good faith, and not unreasonable or unduly burdensome

Unsigned Documents

No party has a duty to act on an unsigned disclosure, request, response, or objection

DISCOVERY

1.380 – Sanctions For Failure to Make Discovery

December Amendment 1.380(d)

If a party fails to provide information or identify a witness as required by rule 1.280(a) or (g), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless. In addition to or instead of this sanction, the court, on motion and after giving an opportunity to be heard:

• (1) may order payment of the reasonable expenses, including attorneys’ fees, caused by the failure;

• (2) may inform the jury of the party’s failure; and

• (3) may impose other appropriate sanctions, including any of the orders listed in rule 1.380(b)(2)(A)–(b)(2)(D)

RULE 1.440

1.440 – Setting Action For Trial

(c) Defaulted Parties

• Trial order must serve defaulted parties for unliquidated damages actions.

(c) Trial Period Setting

• (1) If court finds action ready earlier than “trial ready” date in CMO, it may enter order setting for earlier trial date.

• (2) For cases with a projected trial period, no later than 45 days before the projected trial period, the court must enter an order fixing the trial period.

• (4) 30 days’ notice unless agreed otherwise

DISCOVERY

NEW Rule 1.460 – Motions to Continue Trial

Standard For Granting

(a) Continuances are “Disfavored and should be rarely granted.” Only for good cause. Successive continuances “highly disfavored.” Parental leave subject to Florida Rule of General Practice and Judicial Administration 2.570..

Motion Requirements

(b) In writing (unless made at trial) and signed by moving party.

Timing Considerations

(c) Filed promptly after appearance of good cause. Failure to promptly request is basis to deny continuance. 

RULE 1.460(d)

Rule 1.460(d) – Motion To Continue; Contents

Position of Opposing Parties

The motion must clearly state whether it is opposed by other parties.

Conferral Documentation

If prior conferral was not possible, the motion must explain dates and methods of attempted conferral efforts. Failure to document conferral attempts may result in sanctions.

RULE 1.460

Rule 1.460 – Motions to Continue Trial

1.460(f): Collaborative Rescheduling

“When possible, continued trial dates must be set in collaboration with attorneys and self-represented litigants ….”

1.460(h): Documentation

Court must state on the record or in written order the factual basis for ruling on motion to continue. Order granting must either set CMC or new trial period “for the earliest date practicable” and must reflect what further activity is and is not permitted.

RULE 1.5110

Rule 1.510 – Summary Judgement

(b) Service Deadlines

Consistent with any court ordered deadline. Set by Case Management Order

(c)(5) Response and Factual Position

Consistent with any court ordered deadline. Set by Case Management Order

(c)(6) Hearing Timing

Timing for Hearing. “10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.”