In Re: Amendments to Florida Rules of Civil Procedure 1.070, 1.430, and Form 1.902
The Florida Supreme Court adopted amendments to Florida Rules of Civil Procedure 1.070 and 1.430 and Form 1.902, effective April 1, 2026. Rule 1.070(i)(2)(B) is expanded to permit waiver-of-service notices to be dispatched by registered mail as defined by section 1.01, Florida Statutes, which includes private delivery services that provide proof of mailing and delivery. Rule 1.430 is amended to require that jury trial demands be filed — not merely served — and Form 1.902's subdivision (c) title is updated to include 'Registered Mail' to conform to the rule change.
Key facts
- The Florida Bar's Civil Procedure Rules Committee proposed amendments to Rules 1.070, 1.430, and Form 1.902 to address two practice gaps: the limited delivery methods permitted for waiver-of-service notices, and uncertainty about whether jury trial demands must be filed with the court or merely served on opposing parties.
- Under the prior version of Rule 1.070(i)(2)(B), waiver-of-service notices could be dispatched only by U.S. certified mail with return receipt requested, excluding private delivery services that provide equivalent proof of mailing and delivery.
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Holdings
- Rule 1.070(i)(2)(B) is amended to add 'registered mail as defined by section 1.01, Florida Statutes' as a permissible delivery method for waiver-of-service notices, alongside U.S. certified…
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Why it matters
Civil litigators must now file — not just serve — jury trial demands under Rule 1.430, a procedural change that affects how demands are docketed and preserved in the record. The expansion of waiver-of-service delivery… — full analysis with a trial
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