In re: Amendments to Florida Rule of Judicial Administration 2.420
On its own motion, the Florida Supreme Court amended Rule of Judicial Administration 2.420(d)(1) by adding subdivision (d)(1)(C), eliminating the clerk of court's independent duty to review and designate confidential information in most civil cases (CA, CC, and SC case types, excluding those designated 'Viewable on Request'). Going forward, confidentiality designation in those cases falls solely on the filer, through a Notice of Confidential Information, a Motion to Determine Confidentiality, a court order, or where the case is confidential by law. The clerk's independent designation duty remains intact for all non-civil cases, including criminal, probate, guardianship, adoption, and juvenile matters.
Key facts
- The Florida Supreme Court, on its own motion, amended Rule of Judicial Administration 2.420(d)(1) to add subdivision (d)(1)(C), which eliminates the clerk of court's independent duty to review and designate confidential information in civil cases (circuit, county, and small claims case types).
- Under the amendment, confidentiality designation in civil cases now falls solely on the filer through a Notice of Confidential Information, a Motion to Determine Confidentiality, a court order, or where the case is confidential by law.
- +2 more key facts with a free trial
Why it matters
This amendment shifts the entire burden of protecting confidential information in civil filings onto filing counsel, with sanctions exposure under rule 2.420(i) for noncompliance. Civil litigators must now build… — full analysis with a trial
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