In re: Amendments to the Florida Rules of Civil Procedure
The Florida Supreme Court adopted amendments to the Florida Rules of Civil Procedure effective July 1, 2024. Most significantly, rule 1.110(d) now expressly requires that a pleading asserting an affirmative defense contain a short and plain statement of the ultimate facts supporting the avoidance or affirmative defense. The Court also amended rule 1.820(h) to require a 'notice of rejection of the arbitration decision and request for trial' within 20 days to reject a non-binding arbitration decision, revised eviction form 1.923 (now 1.923(a)), and adopted new forms 1.923(b) and 1.947(b).
Key facts
- The Florida Supreme Court issued an administrative order adopting amendments to the Florida Rules of Civil Procedure, effective July 1, 2024, following a rulemaking petition and committee proposal process.
- The amendments modified rule 1.110(d) to require that pleadings asserting affirmative defenses contain a short and plain statement of ultimate facts supporting the defense, rather than permitting conclusory statements.
- +2 more key facts with a free trial
Why it matters
The amendment to rule 1.110(d) is a material change to Florida pleading practice: boilerplate, conclusory affirmative defenses are now expressly insufficient, giving plaintiffs a rule-based hook for motions to strike… — full analysis with a trial
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