In re: Amendments to Florida Rules of Civil Procedure
On rehearing/comment review of its May 2024 overhaul of the Florida Rules of Civil Procedure, the Supreme Court left in place the new active case-management framework, initial discovery disclosures, and the federal proportionality standard, while adopting further amendments to rules 1.090, 1.200, 1.201, 1.280, 1.310, 1.340, 1.350, 1.370, 1.380, 1.410, and 1.460. Key additions include a Court Commentary directing that rule 1.280(c)(1) be construed in accordance with the federal proportionality standard under Fed. R. Civ. P. 26(b)(1), specificity requirements for discovery objections, a bar on seeking discovery before satisfying initial disclosure obligations, and new sanctions under rule 1.380 for failure to disclose or supplement and for violating the rule 1.280(k) certification. Justice Labarga concurred in part and dissented in part, objecting to importing federal proportionality into Florida practice.
Key facts
- The Florida Supreme Court reviewed amendments to the Florida Rules of Civil Procedure adopted in May 2024, considering comments and objections raised during a rehearing period.
- The Court retained the new active case-management framework, initial discovery disclosures, and federal proportionality standard, while adopting additional amendments to eleven civil procedure rules affecting discovery scope, objection specificity, disclosure timing, and sanctions.
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Why it matters
This is the capstone opinion of Florida's sweeping civil case management and discovery overhaul and affects essentially every civil case in state court. Practitioners must now brief and litigate discovery… — full analysis with a trial
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