Beginning January 1, 2025, major changes to the Florida Rules of Civil Procedure regarding civil case management go into effect. These changes require judges, attorneys and all litigants to adjust their approaches to litigation, placing a strong emphasis on working together to achieve the court’s objectives. These recent changes are part of the Supreme Court’s continued efforts to streamline timely resolution of civil cases and create a framework for adhering to deadlines through effective case management based on the complexity of the case.
The days of obtaining multiple trial continuances, failing to confer, and implementing unnecessary delay tactics appear to be numbered as these changes focus on strict deadlines, shorter timeframes, cooperation among parties, and disfavoring continuances. The Supreme Court has taken these steps to improve the efficiency and effectiveness of civil litigation and expedite the backlog of cases on Florida dockets. These amendments aim to drive collaboration, streamline the litigation process, while reducing unnecessary delays and minimizing costs.
Active case management is now codified in the amended Rules of Civil Procedure with a complete overhaul of Rule 1.200 (Case Management; Pretrial Procedure), and notable changes to 1.201 (Complex Litigation), 1.280 (General Provisions Governing Discovery), 1.440 (Setting Action for Trial), and 1.460 (Motions to Continue Trial).
On December 5, 2024, the Florida Supreme Court issued a clarifying Order of No. SC2024-0662 to further amend Rule 1.510 to provide that a motion for summary judgment response must be served no later than 40 days after service of the motion for summary judgment (and not 60 days as outlined in its original order issued in May 2024). This change in the deadline will apply to Motions filed after January 1, 2025.
I’ve created a quick reference to the notable changes below.
Rule 1.200 (Case Management; Pretrial Procedure):
- Outlines new requirements for courts to assign each civil case to one of three case management tracks (complex, general or streamlined) within 120 days.
- Administrative orders with required deadlines must be issued by the court and strictly enforced.
- Outlines what issues may be addressed at a case management conference, how case management conferences may be scheduled, and orders following the case management conference are mandatory.
- Expands the scope of the issues that may be considered at pre-trial conferences.
New Rule 1.202 (Conferral Prior to Filing Motions):
- Requires parties to meet and confer prior to filing a motion in a good-faith effort to resolve the issues raised, with the exception of motions for injunctive relief, judgment on the pleadings, or summary judgment.
- A certificate of conferral must be filed with the motion.
- If parties are unable to confer, the party filing the motion must describe all efforts undertaken to meet and confer.
Rule 1.280 (General Provisions Governing Discovery):
- Incorporates the proportionality language from Federal Rule of Civil Procedure 26(b)(1).
- Requires parties to serve initial disclosures consistent with Federal Rule of Civil Procedure 26(a)(1) “within 60 days after the service of the complaint or joinder, unless a different time is set by court order.” This includes disclosing potential witnesses, relevant documents, computation of damages, and applicable insurance policies.
- Imposes an ongoing duty to supplement initial disclosures and discovery responses in a timely fashion if a party learns that its prior disclosures or responses were incomplete or incorrect.
Rule 1.440 (Setting Trial):
- Eliminates the “at issue” requirement and allows the court to set trial while the pleadings are still open.
- Upon motion by a party or on its own initiative, the court may set a trial date earlier than the projected trial period stated in a case management order.
Rule 1.460 (Motions to Continue Trial):
- States that motions to continue trial are disfavored and should rarely be granted, and then only upon good cause being shown.
- Unless made at trial, the motion must be in writing and signed by the party (not the party’s attorney) seeking the continuance.
- The motion must be made promptly after the discovery of good cause necessitating a continuance.
- The motion must identify (1) the basis for the continuance, stating when the movant became aware of the basis; (2) whether the motion is opposed; (3) necessary actions so that the movant can be ready for trial by the proposed date; and (4) the proposed date by which the case will be ready for trial.
- The court must state the basis for the ruling in the order or on the record.
- Orders granting continuances must either set a new trial date or set a case management conference, and they must indicate what further activity will or will not be permitted.
Rule 1.510 (Summary Judgment):
- Eliminates the requirement to serve motions for summary judgment at least 40 days prior to the date of the hearing.
- Requires motions for summary judgment to be served in accordance with the deadlines specified in the case management order.
- The non-moving party must respond 40 days after the motion is served rather than 20 days prior to the hearing.
- Of note, the non-movant’s response deadline is tied to the service of the motion, not the hearing date.
Some Additional Key Takeaways to Consider:
- Case Management Orders (CMO) issued prior to January 1, 2025 remain in place and if a CMO has not yet been issued in your case the courts have until April 4, 2025 to issue.
- Under Rule 1.200 Case Management, each jurisdiction has leeway to issue their own standing CMO. For example, Hillsborough County CMOs will use projected trial dates while Broward County CMOs will have actual trial dates. In addition, the Court may address any pending motions at the Case Management Conference including Motions for Summary Judgment if agreed to by the parties, and the attorney in attendance must have calendar available and authority to make binding trial scheduling deadlines.
- Under Rule 1.280 Initial Discovery, now similar to the Federal Rules, parties must issue initial discovery disclosures and initial disclosures must be signed by the attorney of record on the case. New discovery rules should be applied to any responses to discovery filed prior to 2025.
- Under Rule 1.510 Summary Judgment, in addition to the now 40 day deadline for response, the response must include factual basis. If it does not and/or response is late, it is grounds for granting summary judgment.
- Under Rule 1.460 Motion to Continue Trial, if moving for a continuance due to paternal leave be sure to review and utilize Rule 2.570 from the Florida Judicial Administration Rules.
As always, please refer to the 2025 Florida Rules of Civil Procedure for the full Rule and additional details and requirements surrounding summary judgment motions and civil case management procedures.
The amendments made by the Florida Supreme Court are designed to foster greater cooperation among parties involved in civil litigation, with a primary focus on ensuring the timely resolution of issues. Moving forward, for the amendments to be successful, it will be essential for all participants to embrace a more cooperative and efficient approach to resolving legal disputes as the rules for navigating civil procedures in Florida evolve.
