In re: Amendments to Florida Rule of Civil Procedure 1.442
On its own motion, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.442(c)(2)(C) and (D) to require that proposals for settlement exclude nonmonetary terms, except a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute. The Court explained the change aligns the rule with the substantive elements of Florida's settlement proposal statutes, noting that section 768.79 contemplates only a comparison of monetary amounts while section 70.001(4)(c) expressly authorizes certain nonmonetary terms for governmental entities. The amendments took effect July 1, 2022.
Key facts
- The Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.442(c)(2)(C) and (D) regarding the requirements for proposals for settlement.
- The amendments, effective July 1, 2022, require that settlement proposals exclude nonmonetary terms except for voluntary dismissal of all claims with prejudice and nonmonetary terms permitted by statute.
- +2 more key facts with a free trial
Why it matters
This rule amendment fundamentally changes the drafting of proposals for settlement in Florida, eliminating the fertile ground for invalidity challenges based on ambiguous or non-particularized nonmonetary conditions and… — full analysis with a trial
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