Florida Rules of Civil Procedure - Complete Full Text
Complete Full Text
This page contains the complete full text of all Florida Rules of Civil Procedure with case law references, rule cross-references, and commentary.
Version: Florida Rules of Civil Procedure
Florida Rules of Civil Procedure
FLORIDA RULES OF CIVIL PROCEDURE
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
RULE 1.010. SCOPE AND TITLE OF RULES
RULE 1.020. PRIVACY AND COURT RECORDS
RULE 1.030. NONVERIFICATION OF PLEADINGS
RULE 1.040. ONE FORM OF ACTION
RULE 1.041. LIMITED APPEARANCE ATTORNEYS
RULE 1.050. WHEN ACTION COMMENCED
RULE 1.060. TRANSFERS OF ACTIONS
RULE 1.061. CHOICE OF FORUM
RULE 1.070. PROCESS
RULE 1.071. CONSTITUTIONAL CHALLENGE TO STATE
STATUTE OR COUNTY OR MUNICIPAL
CHARTER, ORDINANCE, OR FRANCHISE;
NOTICE BY PARTY
RULE 1.080. SERVICE AND FILING OF PLEADINGS; ORDERS;
DOCUMENTS; AND TRANSCRIPTS
RULE 1.090. TIME
RULE 1.100. PLEADINGS AND MOTIONS
RULE 1.110. GENERAL RULES OF PLEADING
RULE 1.115. PLEADING MORTGAGE FORECLOSURES
RULE 1.120. PLEADING SPECIAL MATTERS
RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND
EXHIBITS
RULE 1.140. DEFENSES
RULE 1.150. SHAM PLEADINGS
RULE 1.160. MOTIONS
RULE 1.170. COUNTERCLAIMS AND CROSSCLAIMS
RULE 1.180. THIRD-PARTY PRACTICE
RULE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS 47
RULE 1.200. CASE MANAGEMENT;
PRETRIAL PROCEDURE
RULE 1.201. COMPLEX LITIGATION
RULE 1.202. CONFERRAL PRIOR TO FILING MOTIONS
RULE 1.210. PARTIES
RULE 1.220. CLASS ACTIONS
RULE 1.221. HOMEOWNERS’ ASSOCIATIONS AND
CONDOMINIUM ASSOCIATIONS
RULE 1.222. MOBILE HOMEOWNERS’ ASSOCIATIONS
RULE 1.230. INTERVENTIONS
RULE 1.240. INTERPLEADER
RULE 1.250. MISJOINDER AND NONJOINDER OF PARTIES 74
RULE 1.260. SURVIVOR; SUBSTITUTION OF PARTIES
RULE 1.270. CONSOLIDATION; SEPARATE TRIALS
RULE 1.280. GENERAL PROVISIONS GOVERNING
DISCOVERY
RULE 1.285. INADVERTENT DISCLOSURE OF PRIVILEGED
MATERIALS
RULE 1.290. DEPOSITIONS BEFORE ACTION OR PENDING
APPEAL
RULE 1.300. PERSONS BEFORE WHOM DEPOSITIONS MAY
BE TAKEN
RULE 1.310. DEPOSITIONS ON ORAL EXAMINATION
RULE 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS
RULE 1.330. USE OF DEPOSITIONS IN COURT
PROCEEDINGS
RULE 1.340. INTERROGATORIES TO PARTIES
RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
RULE 1.351. PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
RULE 1.360. EXAMINATION OF PERSONS
RULE 1.370. REQUESTS FOR ADMISSION
RULE 1.380. FAILURE TO MAKE DISCOVERY;
SANCTIONS
RULE 1.390. DEPOSITIONS OF EXPERT WITNESSES
RULE 1.410. SUBPOENA
RULE 1.420. DISMISSAL OF ACTIONS
RULE 1.430. DEMAND FOR JURY TRIAL; WAIVER
RULE 1.431. TRIAL JURY
RULE 1.440. SETTING ACTION FOR TRIAL
RULE 1.442. PROPOSALS FOR SETTLEMENT
RULE 1.450. EVIDENCE
RULE 1.452. QUESTIONS BY JURORS
RULE 1.453. JURY REQUEST TO REVIEW TESTIMONY
RULE 1.455. JUROR NOTEBOOKS
RULE 1.460. MOTIONS TO CONTINUE TRIAL
RULE 1.470. EXCEPTIONS UNNECESSARY; JURY
INSTRUCTIONS
RULE 1.480. MOTION FOR A DIRECTED VERDICT
RULE 1.481. VERDICTS
RULE 1.490. MAGISTRATES
RULE 1.491. GENERAL MAGISTRATES FOR RESIDENTIAL
MORTGAGE FORECLOSURE MATTERS
RULE 1.500. DEFAULTS AND FINAL JUDGMENTS
THEREON
RULE 1.510. SUMMARY JUDGMENT
RULE 1.520. VIEW
RULE 1.525. MOTIONS FOR COSTS AND ATTORNEYS’
FEES
RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS; REMITTITUR
OR ADDITUR
RULE 1.535. [REPEALED AUG. 25, 2022, EFFECTIVE OCT. 1,
2022]
RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR
ORDERS
RULE 1.545. FINAL DISPOSITION FORM
RULE 1.550. EXECUTIONS AND FINAL PROCESS
RULE 1.560. DISCOVERY IN AID OF EXECUTION
RULE 1.570. ENFORCEMENT OF FINAL JUDGMENTS
RULE 1.580. WRIT OF POSSESSION
RULE 1.590. PROCESS IN BEHALF OF AND AGAINST
PERSONS NOT PARTIES
RULE 1.600. DEPOSITS IN COURT
RULE 1.610. INJUNCTIONS
RULE 1.620. RECEIVERS
RULE 1.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL
BONDS
RULE 1.630. EXTRAORDINARY REMEDIES
RULE 1.650. MEDICAL MALPRACTICE PRESUIT SCREENING
RULE
RULE 1.700. RULES COMMON TO MEDIATION AND
ARBITRATION
RULE 1.710. MEDIATION RULES
RULE 1.720. MEDIATION PROCEDURES
RULE 1.730. COMPLETION OF MEDIATION
RULE 1.750. COUNTY COURT ACTIONS
RULE 1.800. EXCLUSIONS FROM ARBITRATION
RULE 1.810. SELECTION AND COMPENSATION OF
ARBITRATORS
RULE 1.820. HEARING PROCEDURES FOR NON-BINDING
ARBITRATION
RULE 1.830. VOLUNTARY BINDING ARBITRATION
RULE 1.900. FORMS
FORM 1.901. CAPTION
FORM 1.902. SUMMONS
FORM 1.903. CROSSCLAIM SUMMONS
FORM 1.904. THIRD-PARTY SUMMONS
FORM 1.905. ATTACHMENT
FORM 1.906. ATTACHMENT — FORECLOSURE
FORM 1.907. GARNISHMENT
FORM 1.908. WRIT OF REPLEVIN
FORM 1.909. DISTRESS
FORM 1.910. SUBPOENA FOR TRIAL
FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL
FORM 1.912. SUBPOENA FOR DEPOSITION
FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION
FORM 1.914(a). EXECUTION
FORM 1.914(b). NOTICE TO APPEAR
FORM 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO
NOTICE TO APPEAR
FORM 1.915. WRIT OF POSSESSION
FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE
FORM 1.917. NE EXEAT
FORM 1.918. LIS PENDENS
FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE
— NO PROPERTY
FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE
— PROPERTY
FORM 1.921. NOTICE OF PRODUCTION FROM
NONPARTY
FORM 1.922. SUBPOENA DUCES TECUM WITHOUT
DEPOSITION
FORM 1.923(a). EVICTION SUMMONS—RESIDENTIAL
FORM 1.923(b). SUMMONS ACTION FOR BACK RENT OR
OTHER DAMAGES
FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND
INQUIRY
FORM 1.925. COMPLAINT TO QUIET TITLE
FORM 1.932. OPEN ACCOUNT
FORM 1.933. ACCOUNT STATED
FORM 1.934. PROMISSORY NOTE
FORM 1.935. GOODS SOLD
FORM 1.936. MONEY LENT
FORM 1.937. REPLEVIN
FORM 1.938. FORCIBLE ENTRY AND DETENTION
FORM 1.939. CONVERSION
FORM 1.940. EJECTMENT
FORM 1.941. SPECIFIC PERFORMANCE
FORM 1.942. CHECK
FORM 1.944(a). MORTGAGE FORECLOSURE
FORM 1.944(b). MORTGAGE FORECLOSURE
FORM 1.944(c).. MOTION FOR ORDER TO SHOW CAUSE
FORM 1.944(d).. ORDER TO SHOW CAUSE
FORM 1.945. MOTOR VEHICLE NEGLIGENCE
COMPLAINT
FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN
PLAINTIFF IS UNABLE TO DETERMINE WHO
IS RESPONSIBLE
FORM 1.947. TENANT EVICTION
FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION
FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM 279
FORM 1.949. IMPLIED WARRANTY
FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT
FORM 1.960. BOND. GENERAL FORM
FORM 1.961. VARIOUS BOND CONDITIONS
FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS
FORM 1.966. DEFENSE. PAYMENT
FORM 1.967. DEFENSE. ACCORD AND SATISFACTION
FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION
FORM 1.969. DEFENSE. STATUTE OF FRAUDS
FORM 1.970. DEFENSE. RELEASE
FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY
NEGLIGENCE
FORM 1.972. DEFENSE. ASSUMPTION OF RISK
FORM 1.975. NOTICE OF COMPLIANCE WHEN
CONSTITUTIONAL CHALLENGE IS BROUGHT
FORM 1.976. STANDARD INTERROGATORIES
FORM 1.977. FACT INFORMATION SHEET
FORM 1.980. DEFAULT
FORM 1.981. SATISFACTION OF JUDGMENT
FORM 1.982. CONTEMPT NOTICE
FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE
FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE
FORM 1.986. VERDICTS
FORM 1.988. JUDGMENT AFTER DEFAULT
FORM 1.989. ORDER OF DISMISSAL FOR LACK OF
PROSECUTION
FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY
ACTION FOR DAMAGES
FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY
ACTION FOR DAMAGES
FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL
FORM NON-JURY
FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL
FORM. NON-JURY FINAL JUDGMENT
FORM 1.995. FINAL JUDGMENT OF REPLEVIN
FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE
FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR
REESTABLISHMENT OF LOST NOTE
FORM 1.996(c). MOTION TO CANCEL AND RESCHEDULE
FORECLOSURE SALE
FORM 1.997. CIVIL COVER SHEET
FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING
CIVIL COVER SHEET
FORM 1.998. FINAL DISPOSITION FORM
FORM 1.999. ORDER DESIGNATING A CASE COMPLEX
APPENDIX I— STANDARD INTERROGATORIES FORMS
FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE —
INTERROGATORIES TO PLAINTIFF
FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE —
INTERROGATORIES TO DEFENDANT
FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES
TO PLAINTIFF
FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES
TO DEFENDANT
FORM 5. AUTOMOBILE NEGLIGENCE —
INTERROGATORIES TO PLAINTIFF
FORM 6. AUTOMOBILE NEGLIGENCE —
INTERROGATORIES TO DEFENDANT
APPENDIX II
STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN
CIVIL ACTIONS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
ORIGINAL ADOPTION, effective 1-1-67: 187 So.2d 598.
OTHER CITATION RESULT OF OPINION
OPINIONS:
Effective 1-1-68: 211 So.2d 206. Amended 1.010, 1.020(d)(2), (d)(3),
1.100(c), 1.250, 1.340, 1.370, 1.410(a),
1.420(b), (e), 1.440, 1.500(e), 1.530(b), (f),
1.550(a); added 1.481; deleted 1.650,
1.670, 1.690, 1.700, 1.710, 1.720.
Effective 10-1-68: 211 So.2d 174. Added forms 1.900–1.991.
Effective 9-1-70: 237 So.2d 151. Amended 1.370(a)–(b), 1.640(a), form
1.918.
Effective 12-31- 253 So.2d 404. Amended 1.035, 1.070, 1.080, 1.100,
71: 1.110, 1.200, 1.431, 1.450(d), 1.490,
1.943; added 1.611, 1.627, 1.950, 1.975,
1.983–1.984, 1.989, 1.995–1.996.
Effective 11-29- 269 So.2d 359. Amended 1.020, 1.035, 1.500.
72:
Effective 1-1-73: 265 So.2d 21. Four-year-cycle revision. Amended 1.035,
1.070, 1.080, 1.100, 1.140, 1.170, 1.200,
1.250, 1.280, 1.310, 1.320, 1.330, 1.340,
1.350, 1.360, 1.370, 1.380, 1.390, 1.410,
1.430, 1.440, 1.442, 1.500, 1.560, 1.627,
forms 1.915–1.916, 1.949, 1.951.
Effective 10-1-73: 281 So.2d 204. Amended 1.431(b), 1.611(b).
Effective 1-1-77: 339 So.2d 626. Four-year-cycle revision. Amended
1.020(f)–(g), 1.030, 1.080(a), (h),
1.310(b)(4), 1.340(e), 1.410(c), 1.420(e),
1.431(e), (f)(1)–(f)(2), (g), 1.440(c), 1.510(c),
form 1.917; deleted 1.630.
Effective 6-13-77: 347 So.2d 599. Amended 1.220.
Effective 9-1-77: 348 So.2d 325. Amended 1.330(a)(6), 1.340(f).
Effective 7-1-79: 372 So.2d 449. Amended 1.030(a), 1.310(b)(4); deleted
1.020, 1.025, 1.030(b)–(e), 1.035.
Effective 7-2-79: 368 So.2d 1293. Amended 1.450(d); added 1.450(f).
Effective 1-1-80: 377 So.2d 971. Amended 1.080(h)(1).
Effective 1-1-81: 391 So.2d 165. Four-year-cycle revision. Amended 1.010,
1.060(b), 1.070(i), 1.090(e), 1.170(f),
1.190(a), 1.340(c), (e), 1.350(b), 1.400,
1.410(c), 1.420(e), 1.431(g), 1.440(b),
1.442, 1.460, 1.490(d), 1.570, 1.580,
1.610, forms 1.901–1.917, 1.919–1.920,
OTHER CITATION RESULT OF OPINION
OPINIONS:
1.931, 1.934, 1.938, 1.940–1.946, 1.948,
1.971–1.972, 1.980, 1.990, 1.995–1.996;
renumbered 1.221; added 1.220, 1.351,
1.432, 1.625, forms 1.921, 1.922, 1.988;
deleted 1.210(c), (d), 1.290(d), 1.627,
1.640, 1.660, 1.680, form 1.950.
Effective 1-1-82: 403 So.2d 926. Amended 1.310(e), (f)(1), (f)(3), 1.320(b),
1.330(d)(4), 1.340(e); added 1.350(d);
deleted 1.320(c), 1.450(d); effective date
delayed 1.450(f).
Effective 1-1-82: 407 So.2d 197. Amended 1.340(e).
Effective 6-1-84: 450 So.2d 810. Amended 1.611(c), forms 1.943-1, 1.943-
2, 1.995-1.
Effective 6-1-84: 458 So.2d 245. Amended 1.611(c), forms 1.943(b)–(e),
1.995(b).
Effective 1-1-85: 458 So.2d 245. Four-year-cycle revision. Amended
1.080(e), 1.180(a), 1.200, 1.280(a),
1.290(a)(4), 1.310, 1.340, 1.380(c), 1.420,
1.440; added 1.060(c), 1.630; deleted
1.450(d)–(e); transferred 1.450(f) to Fla. R.
Jud. Admin. 2.075.
Effective 7-1-86: 488 So.2d 57. Amended 1.100(c); added forms 1.997–
1.998.
Effective 1-1-88: 518 So.2d 908. Added 1.700, 1.710, 1.720, 1.730, 1.740,
1.750, 1.760, 1.770, 1.780, 1.800, 1.810,
1.820, 1.830.
Effective 3-1-88: 521 So.2d 118. Added 1.491.
Effective 9-22-88: 541 So.2d 1121. Added 1.222.
Effective 10-17- 532 So.2d 1058. Added 1.612.
88:
Effective 11-23- 534 So.2d 1150. Amended 1.700(b), (c).
88:
Effective 12-30- 536 So.2d 193. Added 1.650.
88:
Effective 1-1-89: 536 So.2d 974. Four-year-cycle revision. Amended
1.140(a), 1.170(g), 1.190(a), 1.280(b)(3)(A)
(renumbered (b)(4)(A)), 1.310(b)(4), (c),
1.340(a), 1.360, 1.380, 1.390(c), 1.440(c),
1.470(b), forms 1.948, 1.975; added
1.070(j), 1.200(a)(5), 1.280(b)(2)
(renumbering the remaining subdivisions),
(b)(4)(D), 1.431(f), forms 1.902(b), 1.923.
Effective 1-11-89: 536 So.2d 198. Added 1.612 (revised opinion).
Effective 7-6-89: 545 So.2d 866. Amended 1.280.
OTHER CITATION RESULT OF OPINION
OPINIONS:
Effective 1-1-90: 550 So.2d 442. Amended 1.442.
Effective 7-1-90: 563 So.2d 85. Amended 1.700, 1.710, 1.720, 1.730,
1.740, 1.750, 1.760; deleted 1.770, 1.780.
Effective 7-6-90: 563 So.2d 1079. Amended form 1.943(c).
Effective 10-25- 568 So.2d 1273. Amended 1.650(d)(2).
90:
Effective 4-4-91: 577 So.2d 580. Amended 1.976.
Effective 5-28-92: 604 So.2d 764. Amended 1.720(f); transferred 1.760 to
Florida Rules for Certified and Court-
Appointed Mediators as 10.010.
Effective 7-9-92: 608 So.2d 1. Repealed 1.442.
Effective 1-1-93: 604 So.2d 1110. Four-year-cycle revision. Substantively
amended 1.070, 1.080(b), (f), 1.100(b),
1.200, 1.310(b)(4)(D), 1.420(f), 1.431(g)(2),
1.510(c), 1.530(e), 1.540(b), 1.611, forms
1.902(b), 1.907(b), 1.960, 1.988(b),
standard interrogatories form 7; added
new 1.442 directing compliance with
statute; deleted 1.070(d) (renumbering the
remaining subdivisions), 1.400, 1.612,
1.931.
Effective 1-1-93: 609 So.2d 465. Deleted 1.432.
Effective 11-22- 627 So.2d 481. Amended 1.650(d)(3).
93:
Effective 6-16-94: 639 So.2d 22. Corrected 1.630(c).
Effective 7-1-94: 641 So.2d 343. Amended 1.700–1.720, 1.750, 1.800–
1.830.
Effective 1-1-96: 663 So.2d 1049. Amended 1.010, 1.360, 1.540, forms
1.918–1.919, 1.982; deleted 1.491, 1.611,
1.740, forms 1.943, 1.975, 1.995,
standard interrogatories form 7 (because
of adoption of Florida Family Law Rules of
Procedure).
Effective 1-25-96: 674 So.2d 86. Added 1.061.
Effective 1-1-97: 682 So.2d 105. Four-year-cycle revision. Amended 1.061,
1.110, 1.280(b)(4), 1.310(c)–(d), (h),
1.351(b)–(c), 1.380, 1.442, 1.480(b),
1.710(b)(4), 1.730(b)–(c), 1.750(b), 1.800,
forms 1.908, 1.916, 1.921–1.923, 1.997;
added 1.070(i) and renumbered (j), added
1.280(b)(5), added 1.351 (d) and
renumbered (e), (f), added 1.410 (a) and
renumbered (a)–(f), added forms 1.902(c),
1.910(b), 1.911(b), 1.912(b), 1.913(b),
OTHER CITATION RESULT OF OPINION
OPINIONS:
1.922(c)–(d); deleted 1.450(a) and
renumbered (b)–(c); added committee note
to 1.907.
Effective 10-1-98: 718 So.2d 795. Amended 1.140(b) and 1.330(a).
Effective 10-15- 723 So.2d 180. Added form 1.995.
98:
Effective 3-4-99: 746 So.2d 1084.
Amended 1.070(j).
Effective 3-11-99: 745 So.2d 946.
Amended 1.650(d)(3).
Effective 7-1-99: 756 So.2d 27.
Added rule 1.840 and form 1.999.
Effective 2-17-00: 754 So.2d 671.
Amended 1.070(j).
Effective 1-1-01: 773 So.2d 1098.
Four-year-cycle revision. Substantively
amended 1.061, 1.442(b), (f)–(g), 1.560,
1.650(d), forms 1.988, 1.990–1.996;
added 1.525, form 1.977.
Effective 10-23- 858 So.2d 1013. Repealed 1.840, form 1.999.
03:
Effective 1-1-04: 858 So.2d 1013. Two-year-cycle revision. Amended
1.070(j), 1.190, 1.210(a), 1.370, 1.380,
1.525, 1.540, 1.650, 1.750, 1.810, 1.820,
forms 1.902, 1.906, 1.977, 1.988; added
1.981; repealed 1.840, form 1.999.
Effective 10-1-04: 887 So.2d 1090. Amended 1.200, 1.490.
Effective 1-1-06: 915 So.2d 145. Amended 1.720(f).
Effective 1-1-06: 915 So.2d 612 Revised Statewide Uniform Guidelines for
Taxation of Costs in Civil Actions.
Effective 1-1-06: 917 So.2d 176. Two-year-cycle revision. Amended 1.380,
1.420(e), 1.431, 1.510, 1.525, forms
1.989, 1.997.
Effective 11-15- 969 So.2d 1003. Amended 1.720(f)(2).
07:
Effective 1-1-08: 966 So.2d 943. Three-year-cycle revision. Amended 1.120,
1.140, 1.210, 1.221, 1.280, 1.310, 1.351,
1.360, 1.410, 1.650, 1.820, forms 1.902,
1.910–1.913, 1.922, 1.982.
Effective 1-1-08: 967 So.2d 178. Amended 1.200 and 1.470; adopted 1.452
and 1.455.
Effective 5-28-09: 15 So.3d 558. Amended 1.100, 1.200, 1.440; added
1.201, form 1.999.
Effective 10-1-09: 20 So.3d 376. Amended form 1.985.
Effective 10-1-09: 15 So.3d 558. Amended form 1.918.
Effective 10-15- 30 So.3d 477. Amended form 1.998.
09:
Effective 1-1-10: 30 So.3d 477. Amended form 1.997.
OTHER CITATION RESULT OF OPINION
OPINIONS:
Effective 2-11-10: 44 So.3d 555. Amended 1.110, added forms 1.924;
1.996(a)–(b)
Effective 1-1-11: 52 So.3d 579. Amended rules 1.080, 1.100, 1.310,
1.340, 1.351, 1.360, 1.410, 1.420, 1.442,
1.470, 1.480, 1.510, 1.525, forms 1.901,
1.923, 1.986; added rules 1.071, 1.285,
form 1.975; deleted form 1.985.
Effective 10-1-11: 80 So.3d 317. Amended rules 1.280, 1.310, 1.340,
1.350, forms 1.988, 1.990, 1.991, 1.993,
1.994, and 1.995.
Effective 1-1-12: 75 So.3d 264. Amended rule 1.720.
Effective 9-1-12: 102 So.3d 505. Amended rules 1.080, 1.170, 1.351,
1.410, 1.440, 1.442, 1.510, 1.630.
Effective 9-1-12: 95 So.3d 76. Amended rules 1.200, 1.201, 1.280,
1.340, 1.350, 1.380, 1.410.
Effective 10-01- 95 So.3d 96. Amended rule 1.090.
12:
Effective 4-1-13: 102 So.3d 451.
Amended rules 1.030, 1.080.
Effective 4-11-13: 112 So.3d 1209.
Amended rule 1.442.
Effective 5-9-13: 113 So.3d 777.
Amended rule 1.490.
Effective 1-1-14: 131 So.3d 643
Amended rules 1.020, 1.380, 1.431,
1.442, 1.480, 1.490, 1.530, 1.560, 1.630,
forms 1.910, 1.911, 1.912, 1.913, 1.922,
1.977, 1.981, 1.982, 1.997. Adopted rule
1.451.
Effective 2-20-14: 133 So.3d 928. Amended rule 1.470.
Effective 3-13-14: 141 So.3d 179. Amended rule 1.490. Adopted rule 1.491.
Effective 10-1-14: 141 So.3d 1172. Amended rule 1.720.
Effective 12-11- 153 So.3d 258. Amended rules 1.110, 1.994, 1.996.
14: Adopted rule 1.115.
Effective 3-5-15: 159 So.3d 838. Amended rules 1.490, 1.491.
Effective 1-14-16: 153 So.3d 258. Amended rule 1.115, forms 1.944(a),
1.944(b), 1.944(c).
Effective 1-1-17: 199 So.3d 867. Three-year-cycle rule and form
amendments. Amended rules 1.020,
1.071, 1.100, 1.130, 1.140, 1.170, 1.200,
1.310, 1.320, 1.340, 1.410, 1.431, 1.500,
1.510, 1.625, 1.630, 1.900, forms 1.910,
1.911,1.912, 1.913, 1.918, 1.921, 1.922,
1.975, 1.980, 1.997. Adopted rule 1.545.
Effective 2-23-17: 211 So.3d 985 Amended form 1.983.
Effective 7-2-18: 244 So.3d 1009 Amended rule 1.570, renumbered form
1.914 to 1.914(a), adopted form 1.914(b)
and 1.914(c)
OTHER CITATION RESULT OF OPINION
OPINIONS:
Effective 1-1-19: 257 So.3d 66. Amended 1.170, 1.351, 1.260, 1.410,
1.440, 1.442, and 1.510
Effective 1-1-20: 292 So.3d 660. Amended 1.090, 1.350, 1.380, 1.510,
1.540, 1.610, 1.650, 1.730, 1.830, 1.902,
1.923, 1.984, 1.996(a), 1.996(b), Appendix
I- Form 1 and Form 2. Adopted 1.535.
Effective 4-1-20: 2020 WL Amended Rule 1.470.
1064825.
Effective 8-13-20: 302 So.3d 811. Amended Form 1.997
Effective 1-28-21: 312 So.3d 445. Amended Rule 1.470
Effective 4-8-21: 315 So.3d 635. Amended 1.260
Effective 4-8-21: 315 So.3d 633. Amended 1.650
Effective 4-8-21: 318 So.3d 1240. Amended 1.080
Effective 5-1-21: 317 So.3d 72. Amended 1.510
Effective 5-1-21: 317 So.3d 1090. Amended 1.720
Effective 8-26-21: 324 So.3d 459. Amended 1.280
Effective 10-15- 324 So.3d 459. Amended 1.280
21:
Effective 10-15- 345 So.3d 697. Amended rules 1.280 and 1.340
21:
Effective 10-28- 344 So.3d 940. Amended rules 1.020, 1.090, 1.170,
21: 1.310, 1.350, 1.351, 1.440, 1.442, 1.470,
1.983, 1.997, and 1.999
Effective 4-1-22: 334 So.3d 587. Amended Form 1997
Effective 7-1-22: 345 So.3d 845. Amended Rule 1.442
Effective 8-25-22: 346 So.3d 1161. Amended Rule 1.530
Effective 10-1-22: 346 So.3d 1105. Amended 1.310, 1.320, 1.410, 1.430,
1.440, 1.700, 1.720, 1.730, 1.750, and
1.830. Deleted 1.451.
Effective 10-1-22: 346 So.3d 1157. Amended Rule 1.530. Deleted 1.535.
Effective 1-1-23: 351 So.3d 581. Amended Appendix II.
Effective 1-19-23: 356 So.3d 206. Amended 1.070 and 1.650.
Effective 3-30-23: 361 So.3d 291. Adopted 1.453.
Effective 4-27-23: 48 FLW S69. Amended 1.530.
Effective 10-19- 373 So.3d 1115. Amended 1.530
23:
Effective 1-1-24: 370 So.3d 888.
Amended 1.351.
Effective 4-1-24: 375 So.3d 211.
Adopted 1.041 and amended 1.933.
Effective 4-1-24: 377 So.3d 1111.
Amended 1.996(a) and 1.996(b).
Effective 7-1-24: 385 So.3d 1038.
Amended 1.061 and 1.983.
Effective 7-1-24: 386 So.3d 876.
Amended 1.110, 1.820, Form 1.923, FORM 1.947
Effective 7-11-24: 390 So.3d 1170. Adopted
FORM 1.925
Effective 8-29-24: 394 So.3d 656. Amended 1.983.
OTHER CITATION RESULT OF OPINION
OPINIONS:
Effective 10-1-24: 390 So.3d 604. Amended 1.080 and 1.310.
Effective 1-1-25: 386 So.3d 497. Amended 1.200, 1.201, 1.280, 1.440,
1.460.
Effective 1-1-25: 386 So.3d 117. Amended 1.510, adopted 1.202.
Effective 1-1-25: 402 So.3d 925. Amended 1.090, 1.200, 1.201, 1.280,
1.310, 1.340, 1.350, 1.370, 1.380, 1.410,
1.440, 1.460. (Corrected opinion issued 1-
23-25 with corrections to 1.280 and
1.380.)
Effective 1-1-25: 397 So.3d 1018. Amended 1.202 and 1.510.
Effective 4-1-25: 402 So.3d 284. Amended 1.070, 1.410, 1.550, 1.560, and
1.730.
Effective 6-5-25: 2025 WL Provided translations for
FORM 1.923(A)
1584592.
Effective 6-19-25: 2025 WL Amended 1.280.
1710912
NOTE TO USERS: Rules in this pamphlet are current through 2025 WL
1710912. Subsequent amendments, if any, can be found at
www.floridasupremecourt.org/decisions/rules.shtml.
RULE 1.010 cases. SCOPE AND TITLE OF RULES
These rules apply to all actions of a civil nature and all special
statutory proceedings in the circuit courts and county courts except
those to which the Florida Probate Rules, the Florida Family Law
Rules of Procedure, or the Small Claims Rules apply. The form,
content, procedure, and time for pleading in all special statutory
proceedings shall be as prescribed by the statutes governing the
proceeding unless these rules specifically provide to the contrary.
These rules shall be construed to secure the just, speedy, and
inexpensive determination of every action. These rules shall be
known as the Florida Rules of Civil Procedure and abbreviated as
Fla.R.Civ.P.
RULE 1.020 cases. PRIVACY AND COURT RECORDS
Every pleading or other document filed with the court must
comply with Florida Rules of General Practice and Judicial
Administration 2.420, Public Access to and Protection of Judicial
Branch Records and 2.425, Minimization of the Filing of Sensitive
Information.
RULE 1.030 cases. NONVERIFICATION OF PLEADINGS
Except when otherwise specifically provided by these rules or
an applicable statute, every pleading or other document of a party
represented by an attorney need not be verified or accompanied by
an affidavit.
Committee Notes
1976 Amendment. Subdivisions (a)–(b) have been amended to
require the addition of the filing party’s telephone number on all
pleadings and papers filed.
RULE 1.040 cases. ONE FORM OF ACTION
There shall be one form of action to be known as “civil action.”
RULE 1.041 cases. LIMITED APPEARANCE ATTORNEYS
(a) Scope of Representation. An attorney may file a notice
of limited appearance specifically limiting the attorney’s appearance
to particular proceedings or specified matters.
(b) Notice of Limited Appearance.
(1) A notice of limited appearance must be filed before
any attorney’s appearance before the court at any proceeding or
hearing.
(2) A notice of limited appearance must specifically
identify the particular proceedings and specified matters in which
the attorney will represent the party.
(c) Filings by a Limited Appearance Attorney. Any
pleading or other document filed by a limited appearance attorney
must state in bold type on the signature page of that pleading or
other document: “Attorney for [Plaintiff(s)] [Defendant(s)] for the
limited purpose of [matter(s) or proceeding(s)]”.
(d) Service. During the attorney’s limited appearance:
(1) All pleadings or other documents, including all
notices of hearing, must be served on all parties in the action,
including the limited appearance attorney.
(2) If the limited appearance attorney receives notice of
a hearing that is outside the scope of representation, the attorney
must file a notice stating the attorney will not attend the court
proceeding or hearing because it is outside the scope of the
representation.
(e) Termination. A termination of limited appearance must
be in accordance with Florida Rule of General Practice and Judicial
Administration 2.505.
RULE 1.050 cases. WHEN ACTION COMMENCED
Every action of a civil nature shall be deemed commenced
when the complaint or petition is filed except that ancillary
proceedings shall be deemed commenced when the writ is issued or
the pleading setting forth the claim of the party initiating the action
is filed.
RULE 1.060 cases. TRANSFERS OF ACTIONS
(a) Transfers of Courts. If it should appear at any time that
an action is pending in the wrong court of any county, it may be
transferred to the proper court within said county by the same
method as provided in rule 1.170(j).
(b) Wrong Venue. When any action is filed laying venue in
the wrong county, the court may transfer the action in the manner
provided in rule 1.170(j) to the proper court in any county where it
might have been brought in accordance with the venue statutes.
When the venue might have been laid in 2 or more counties, the
person bringing the action may select the county to which the
action is transferred, but if no such selection is made, the matter
shall be determined by the court.
(c) Method. The service charge of the clerk of the court to
which an action is transferred under this rule shall be paid by the
party who commenced the action within 30 days from the date the
order of transfer is entered, subject to taxation as provided by law
when the action is determined. If the service charge is not paid
within the 30 days, the action shall be dismissed without prejudice
by the court that entered the order of transfer.
Court Commentary
1984 Amendment. Because of confusion in some circuits,
subdivision (c) is added:
(a) to specify who is to pay the clerk’s service charge on
transfer;
(b) to provide for the circumstance in which the service
charge is not paid; and
(c) to require the dismissal to be by the court which entered
the order of transfer.
RULE 1.061 cases. CHOICE OF FORUM
(a) Grounds for Dismissal. An action may be dismissed on
the ground that a satisfactory remedy may be more conveniently
sought in a jurisdiction other than Florida when:
(1) the trial court finds that an adequate alternate
forum exists which possesses jurisdiction over the whole case,
including all of the parties;
(2) the trial court finds that all relevant factors of
private interest favor the alternate forum, weighing in the balance a
strong presumption against disturbing plaintiffs’ initial forum
choice;
(3) if the balance of private interests is at or near
equipoise, the court further finds that factors of public interest tip
the balance in favor of trial in the alternate forum; and
(4) the trial judge ensures that plaintiffs can reinstate
their suit in the alternate forum without undue inconvenience or
prejudice.
The decision to grant or deny the motion for dismissal rests in the
sound discretion of the trial court.
(b) Stipulations in General. The parties to any action for
which a satisfactory remedy may be more conveniently sought in a
jurisdiction other than Florida may stipulate to conditions on which
a dismissal must be based on forum non conveniens, subject to
approval by the trial court. The decision to accept or reject the
stipulation rests in the sound discretion of the trial court.
A dismissal based on forum non conveniens must not be granted
unless all defendants agree to the stipulations required by
subdivision (c) and any additional stipulations required by the
court.
(c) Statutes of Limitation. In moving for a dismissal based
on forum non conveniens, defendants will be deemed to
automatically stipulate that the action will be treated in the new
forum as though it had been filed in that forum on the date it was
filed in Florida, with service of process accepted as of that date.
(d) Failure to Refile Promptly. When an action is dismissed
in Florida for forum non conveniens, plaintiffs will automatically be
deemed to stipulate that they will lose the benefit of all stipulations
made by the defendant, including the stipulation provided in
subdivision (c) of this rule, if plaintiffs fail to file the action in the
new forum within 120 days after the date the Florida dismissal
becomes final.
(e) Waiver of Automatic Stipulations. With unanimous
agreement, the parties may waive the conditions provided in
subdivision (c) or (d), or both, only when they demonstrate and the
trial court finds a compelling reason for the waiver.
(f) Reduction to Writing. The parties must reduce their
stipulation to a writing signed by them, which must include all
stipulations provided by this rule and which will be deemed
incorporated by reference in any subsequent order of dismissal.
(g) Time for Moving for Dismissal. A motion to dismiss
based on forum non conveniens must be served not later than 60
days after service of process on the moving party.
(h) Retention of Jurisdiction. The court will retain
jurisdiction after the dismissal to enforce its order of dismissal and
any conditions and stipulations in the order.
Committee Notes
2000 Amendment. Subdivision (a)(1) is amended to clarify
that the alternative forum other than Florida must have jurisdiction
over all of the parties for the trial court to grant a dismissal based
on forum non conveniens.
Subdivision (b) is amended to clarify that all of the defendants,
not just the moving defendant, must agree to the stipulations
required by subdivision (c) as well as any additional stipulations
required by the trial court before an action may be dismissed based
on forum non conveniens.
Subdivision (g) is added to require that a motion to dismiss
based on forum non conveniens be served not later than 60 days
after service of process on the moving party.
Subdivision (h) is added to require the court to retain
jurisdiction over the action after the dismissal for purposes of
enforcing its order of dismissal and any conditions and stipulations
contained in the order.
Court Commentary
This section was added to elaborate on Florida’s adoption of
the federal doctrine of forum non conveniens in Kinney System, Inc.
v. Continental Insurance Co., 674 So.2d 86 (Fla. 1996), and it
should be interpreted in light of that opinion.
Subdivision (a) codifies the federal standard for reviewing
motions filed under the forum-non-conveniens doctrine.
As stated in Kinney, the phrase “private interests” means
adequate access to evidence and relevant sites, adequate access to
witnesses, adequate enforcement of judgments, and the
practicalities and expenses associated with the litigation. Private
interests do not involve consideration of the availability or
unavailability of advantageous legal theories, a history of generous
or stingy damage awards, or procedural nuances that may affect
outcomes but that do not effectively deprive the plaintiff of any
remedy.
“Equipoise” means that the advantages and disadvantages of
the alternative forum will not significantly undermine or favor the
“private interests” of any particular party, as compared with the
forum in which suit was filed.
“Public interests” are the ability of courts to protect their
dockets from causes that lack significant connection to the
jurisdiction; the ability of courts to encourage trial of controversies
in the localities in which they arise; and the ability of courts to
consider their familiarity with governing law when deciding whether
to retain jurisdiction over a case. Even when the private
conveniences of the litigants are nearly in balance, a trial court has
discretion to grant a forum-non-conveniens dismissal upon finding
that retention of jurisdiction would be unduly burdensome to the
community, that there is little or no public interest in the dispute,
or that foreign law will predominate if jurisdiction is retained.
Subdivision (b) provides that the parties can stipulate to
conditions of a forum-non-conveniens dismissal, subject to the trial
court’s approval.
Subdivisions (c) and (d) provide automatic conditions that
shall be deemed included in every forum-non-conveniens dismissal.
The purpose underlying subdivision (c) is to ensure that any statute
of limitation in the new forum is applied as though the action had
been filed in that forum on the date it was filed in Florida. The
purpose underlying subdivision (d) is to ensure that the action is
promptly refiled in the new forum. Both of these stipulations are
deemed to be a part of every stipulation that does not expressly
state otherwise, subject to the qualification provided in subdivision
(e).
Subdivision (e) recognizes that there may be extraordinary
conditions associated with the new forum that would require the
waiver of the conditions provided in subdivisions (c) and (d).
Waivers should be granted sparingly. Thus, the parties by
unanimous consent may stipulate to waive those conditions only
upon showing a compelling reason to the trial court.
Subdivision (f) requires the parties to reduce their stipulation
to written form, which the parties must sign. When and if the trial
court accepts the stipulation, the parties’ agreement then is treated
as though it were incorporated by reference in the trial court’s order
of dismissal. To avoid confusion, the parties shall include the
automatic stipulations provided by subdivisions (c) and (d) of this
rule, unless the latter are properly waived under subdivision (e).
However, the failure to include these automatic conditions in the
stipulation does not waive them unless the dismissing court has
expressly so ruled.
RULE 1.070 cases. PROCESS
(a) Summons; Issuance. On the commencement of the
action, summons or other process authorized by law must be
promptly issued by the clerk or judge under the clerk’s or the
judge’s signature and the seal of the court and delivered for service.
(b) Service; By Whom Made. Service of process may be
made by an officer authorized by law to serve process, but the court
may appoint any competent person not interested in the action to
serve the process. The person serving process must make proof of
service by affidavit promptly and in any event within the time
during which the person served must respond to the process.
Failure to make proof of service will not affect the validity of the
service. When any process is returned not executed or returned
improperly executed for any defendant, the party causing its
issuance is entitled to any additional process against the unserved
party as is required to effect service.
(c) Service; Numerous Defendants. If more than 1
defendant is named, the clerk or judge must issue as many writs of
process against the several defendants as may be directed by the
plaintiff or the plaintiff’s attorney.
(d) Service by Publication or Any Other Means. Service of
process by publication or any other means may be made as
provided by statute.
(e) Copies of Initial Pleading for Persons Served. At the
time of personal service of process, a copy of the initial pleading
must be delivered to the party on whom service is made. The date
and hour of service must be endorsed on the original process and
all copies of it by the person making the service. The party seeking
to effect personal service must provide the person making service
with the necessary copies. When the service is made by publication,
copies of the initial pleadings must be provided to the clerk and
mailed by the clerk with the notice of action to all parties whose
addresses are stated in the initial pleading or sworn statement.
(f) Service of Orders. If personal service of a court order is
to be made, the original order must be filed with the clerk, who
must certify or verify a copy of it without charge. The person
making service must use the certified copy instead of the original
order in the same manner as original process in making service.
(g) Fees; Service of Pleadings. The statutory compensation
for making service will not be increased by the simultaneous
delivery or mailing of the copy of the initial pleading in conformity
with this rule.
(h) Pleading Basis. When service of process is to be made
under statutes authorizing service on nonresidents of Florida, it is
sufficient to plead the basis for service in the language of the
statute without pleading the facts supporting service.
(i) Service of Process by Mail. A defendant may accept
service of process by mail.
(1) Accepting service of a complaint by mail does not
waive any objection to the venue or to the jurisdiction of the court
over the defendant.
(2) A plaintiff may notify any defendant of the
commencement of the action and request that the defendant waive
service of a summons. The notice and request must:
(A) be in writing and be addressed directly to the
defendant, if an individual, or to an officer or managing or general
agent of the defendant or other agent authorized by appointment or
law to receive service of process;
(B) be dispatched by certified mail, return receipt
requested;
(C) be accompanied by a copy of the complaint
and identify the court in which it has been filed;
(D) inform the defendant of the consequences of
compliance and of failure to comply with the request;
(E) state the date on which the request is sent;
(F) allow the defendant 20 days from the date on
which the request is received to return the waiver, or, if the address
of the defendant is outside of the United States, 30 days from the
date on which it is received to return the waiver; and
(G) provide the defendant with an extra copy of the
notice and request, including the waiver, and a prepaid means of
compliance in writing.
(3) If a defendant fails to comply with a request for
waiver within the time provided, the court must impose the costs
subsequently incurred in effecting service on the defendant unless
good cause for the failure is shown.
(4) A defendant who, before being served with process,
timely returns a waiver is not required to respond to the complaint
until 60 days after the date the defendant received the request for
waiver of service. For purposes of computing any time prescribed or
allowed by these rules, service of process will be deemed effected 20
days before the time required to respond to the complaint.
(5) When the plaintiff files a waiver of service with the
court, the action must proceed, except as provided in subdivision
(i)(4) above, as if a summons and complaint had been served at the
time of filing the waiver, and no further proof of service is required.
(j) Summons; Time Limit. If service of the initial process
and initial pleading is not made on a defendant within 120 days
after filing of the initial pleading directed to that defendant the
court, on its own initiative after notice or on motion, must direct
that service be effected within a specified time or must dismiss the
action without prejudice or drop that defendant as a party; provided
that if the plaintiff shows good cause or excusable neglect for the
failure, the court must extend the time for service for an
appropriate period. When a motion for leave to amend with the
attached proposed amended complaint is filed, the 120-day period
for service of amended complaints on the new party or parties will
begin on the entry of an order granting leave to amend. A dismissal
under this subdivision will not be considered a voluntary dismissal
or operate as an adjudication on the merits under rule 1.420(a)(1).
Committee Notes
1971 Amendment. Subdivisions (f), (g), and (h) of the existing
rule are combined because they deal with the same subject matter.
The “notice of suit” is changed to “notice of action” to comply with
the statutory change in 1967. Subdivision (g) is new and provides
for substitution of a certified or verified copy of a court order that
must be served. The original is to be filed with the clerk and not
removed. Subdivision (i) is relettered to (h).
1972 Amendment. Subdivision (a) is amended to require the
officer issuing the process to sign it and place the court seal on it.
This was required by former section 47.04, Florida Statutes, and is
essential to the validity of process. When the statute was repealed
these procedural requirements were omitted and inadvertently not
included in the rule. Subdivision (b) is changed to eliminate the
predicate for court appointment of a person to make service of
process. This makes the rule more flexible and permits the court to
appoint someone to make service at any appropriate time.
1980 Amendment. Subdivision (i) is added to eliminate
pleading evidentiary facts for “long arm” service of process. It is
based on the long-standing principle in service by publication that
pleading the basis for service is sufficient if it is done in the
language of the statute. See McDaniel v. McElvy, 91 Fla. 770, 108
So. 820 (1926). Confusion has been generated in the decisions
under the “long arm” statute. See Wm. E. Strasser Construction
Corp. v. Linn, 97 So. 2d 458 (Fla. 1957); Hartman Agency, Inc. v.
Indiana Farmers Mutual Insurance Co., 353 So. 2d 665 (Fla. 2d DCA
1978); and Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978).
The amendment is not intended to change the distinction between
pleading and proof as enunciated in Elmex Corp. v. Atlantic Federal
Savings & Loan Association of Fort Lauderdale, 325 So. 2d 58 (Fla.
4th DCA 1976). It is intended to eliminate the necessity of pleading
evidentiary facts as well as those of pecuniary benefit that were
used in the Elmex case. The amendment is limited to pleading. If
the statutory allegations are attacked by motion, the pleader must
then prove the evidentiary facts to support the statutory
requirements. If denied in a pleading, the allegations must be
proved at trial. Otherwise, the allegations will be admitted under
rule 1.110(e).
1988 Amendment. Subdivision (j) has been added to require
plaintiffs to cause service of original summons within 120 days of
filing the complaint absent good cause for further delay.
1992 Amendment. Subdivision (d) is repealed because the
reason for the rule ceased when process was permitted to run
beyond county boundaries. The amendment to subdivision (j)
(redesignated as (i)) is intended to clarify that a dismissal under this
subdivision is not to be considered as an adjudication on the merits
under rule 1.420(a)(1) of these rules.
1996 Amendment. Subdivision (i) is added to provide some
formality to the practice of requesting waiver of service of process by
a sheriff or person appointed to serve papers or by publication. The
committee intends that only the manner of service will be waived by
this procedure. By accepting service pursuant to this rule, the
defendant will not waive any objection to venue or jurisdiction over
the person or admit to the sufficiency of the pleadings or to
allegations with regard to long-arm or personal jurisdiction. For
example, service of process would be void should a motion to
dismiss be granted because the complaint did not allege the basis
for long-arm jurisdiction over a nonresident defendant. City
Contract Bus Service, Inc. v. H.E. Woody, 515 So. 2d 1354 (Fla. 1st
DCA 1987). Under such circumstances, the defendant must be
served pursuant to law or again waive service pursuant to this rule.
Subdivision (i)(2)(F) allows the defendant 20 days from receipt (or 30
days if the defendant is outside of the United States) to return the
waiver. Accordingly, the committee intends that the waiver be
received by the plaintiff or the plaintiff’s attorney by the twentieth
day (or the thirtieth day if the defendant is outside of the United
States). The former subdivision (i) has been redesignated as
subdivision (j). Form 1.902 may be used to give notice of an action
and request waiver of process pursuant to this rule.
2003 Amendment. Subdivision (j) is amended in accordance
with Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000). See
the amendment to rule 1.190(a).
RULE 1.071 cases. CONSTITUTIONAL CHALLENGE TO STATE
STATUTE OR COUNTY OR MUNICIPAL
CHARTER, ORDINANCE, OR FRANCHISE;
NOTICE BY PARTY
A party that files a pleading, written motion, or other
document drawing into question the constitutionality of a state
statute or a county or municipal charter, ordinance, or franchise
must promptly
(a) file a notice of constitutional question stating the
question and identifying the document that raises it; and
(b) serve the notice and the pleading, written motion, or
other document drawing into question the constitutionality of a
state statute or a county or municipal charter, ordinance, or
franchise on the Attorney General or the state attorney of the
judicial circuit in which the action is pending, by either certified or
registered mail.
Service of the notice and pleading, written motion, or other
document does not require joinder of the Attorney General or the
state attorney as a party to the action.
Committee Notes
2010 Adoption. This rule clarifies that, with respect to
challenges to a state statute or municipal charter, ordinance, or
franchise, service of the notice does not require joinder of the
Attorney General or the state attorney as a party to the action;
however, consistent with section 86.091, Florida Statutes, the
Florida Attorney General has the discretion to participate and be
heard on matters affecting the constitutionality of a statute. See,
e.g., Mayo v. National Truck Brokers, Inc., 220 So. 2d 11 (Fla. 1969);
State ex rel. Shevin v. Kerwin, 279 So. 2d 836 (Fla. 1973) (Attorney
General may choose to participate in appeal even though he was
not required to be a party at the trial court). The rule imposes a new
requirement that the party challenging the statute, charter,
ordinance, or franchise file verification with the court of compliance
with section 86.091, Florida Statutes. See
RULE 1.080 cases. SERVICE AND FILING OF PLEADINGS; ORDERS;
DOCUMENTS; AND TRANSCRIPTS
(a) Service. Every pleading after the initial pleading, all
orders, and every other document filed or required by statute or
rule to be served in the action must be served in conformity with
the requirements of Florida Rule of General Practice and Judicial
Administration 2.516.
(b) Filing. All documents must be filed in conformity with
the requirements of Florida Rule of General Practice and Judicial
Administration 2.525.
(c) Writing and written defined. Writing or written means a
document containing information, an application, or a stipulation.
(d) Format of Filed Transcripts. All transcripts filed with
the court must be in full-page format, unless condensed transcripts
are authorized by the court. The Portable Document Format (“PDF”)
file(s) of all transcripts must be text searchable.
Committee Notes
2024 Amendment. Rule 1.080(d) aligns the civil rules with
the Florida Rules of Appellate Procedure, which require filing full-
page format transcripts, including depositions, in all appellate
courts. This rule does not prevent the use of condensed transcripts
for other purposes.
RULE 1.090 cases. TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514.
(b) Extending Time.
(1) In General. When an act may or must be done
within a specified time, the court may, for good cause, extend the
time:
(A) with or without motion or notice if the court
acts, or if a request is made, before the original time or its extension
expires; or
(B) on motion made after the time has expired if
the party failed to act because of excusable neglect.
(2) Exceptions. The court may not extend the time for
making a motion for new trial, for rehearing, or to alter or amend a
judgment; making a motion for relief from a judgment under rule
1.540(b); taking an appeal or filing a petition for certiorari; or
making a motion for a directed verdict. Extensions of deadlines in
case management orders are governed by rule 1.200 or rule 1.201,
and trial continuances are governed by rule 1.460.
(c) Unaffected by Expiration of Term. The period of time
provided for the doing of any act or the taking of any proceeding
shall not be affected or limited by the continued existence or
expiration of a term of court. The continued existence or expiration
of a term of court in no way affects the power of a court to do any
act or take any proceeding in any action which is or has been
pending before it.
(d) For Motions. A copy of any written motion which may
not be heard ex parte and a copy of the notice of the hearing thereof
shall be served a reasonable time before the time specified for the
hearing.
RULE 1.100 cases. PLEADINGS AND MOTIONS
(a) Pleadings. There must be a complaint or, when so
designated by a statute or rule, a petition, and an answer to it; an
answer to a counterclaim denominated as such; an answer to a
crossclaim if the answer contains a crossclaim; a third-party
complaint if a person who was not an original party is summoned
as a third-party defendant; and a third-party answer if a third-party
complaint is served. If an answer or third-party answer contains an
affirmative defense and the opposing party seeks to avoid it, the
opposing party must file a reply containing the avoidance. No other
pleadings will be allowed.
(b) Motions. An application to the court for an order must
be by motion which must be made in writing unless made during a
hearing or trial, must state with particularity the grounds for it, and
must set forth the relief or order sought. The requirement of writing
is fulfilled if the motion is stated in a written notice of the hearing of
the motion. All notices of hearing must specify each motion or other
matter to be heard.
(c) Caption.
(1) Every pleading must have a caption containing the
name of all of the parties, the name of the court, the file number,
and a designation identifying the party filing it.
(2) Every motion, order, judgment, or other document
must have a caption containing the name of the court, the case
number, the name of the first party on each side with an
appropriate indication of other parties, and a designation
identifying the party filing it and its nature or the nature of the
order, as the case may be.
(3) In any in rem proceeding, every pleading, motion,
order, judgment, or other document must have a caption containing
the name of the court, the case number, the style “In re” (followed
by the name or general description of the property), and a
designation of the person or entity filing it and its nature or the
nature of the order, as the case may be.
(4) In an in rem forfeiture proceeding, the style must be
“In re forfeiture of” (followed by the name or general description of
the property).
(5) All documents filed in the action must be styled in
such a manner as to indicate clearly the subject matter of the
document and the party requesting or obtaining relief.
(d) Civil Cover Sheet. A civil cover sheet (form 1.997) must
be completed and filed with the clerk at the time an initial
complaint or petition is filed by the party initiating the action. If the
cover sheet is not filed, the clerk must accept the complaint or
petition for filing; but all proceedings in the action must be abated
until a properly executed cover sheet is completed and filed. The
clerk must complete the civil cover sheet for a party appearing pro
se.
(e) Motion in Lieu of Scire Facias. Any relief available by
scire facias may be granted on motion after notice without the
issuance of a writ of scire facias.
Committee Notes
1971 Amendment. The change requires a more complete
designation of the document that is filed so that it may be more
rapidly identified. It also specifies the applicability of the
subdivision to all of the various documents that can be filed. For
example, a motion to dismiss should now be entitled “defendant’s
motion to dismiss the complaint” rather than merely “motion” or
“motion to dismiss.”
1972 Amendment. Subdivision (a) is amended to make a
reply mandatory when a party seeks to avoid an affirmative defense
in an answer or third-party answer. It is intended to eliminate
thereby the problems exemplified by Tuggle v. Maddox, 60 So. 2d
158 (Fla. 1952), and Dickerson v. Orange State Oil Co., 123 So. 2d
562 (Fla. 2d DCA 1960).
1992 Amendment. Subdivision (b) is amended to require all
notices of hearing to specify the motions or other matters to be
heard.
2010 Amendment. Subdivision (c) is amended to address
separately the caption for in rem proceedings, including in rem
forfeiture proceedings.
2016 Amendment. Subdivision (c) is amended to address the
naming of parties in pleadings and amended pleadings similarly to
Federal Rule of Civil Procedure 10(a). Subdivision (c)(2) on Civil
Cover Sheets is moved to subdivision (d), and subdivision (c)(3) on
Final Disposition Forms is moved to new rule 1.545.
RULE 1.110 cases. GENERAL RULES OF PLEADING
(a) Forms of Pleadings. Forms of action and technical forms
for seeking relief and of pleas, pleadings, or motions are abolished.
(b) Claims for Relief. A pleading which sets forth a claim for
relief, whether an original claim, counterclaim, crossclaim, or third-
party claim, must state a cause of action and must contain:
(1) a short and plain statement of the grounds on
which the court’s jurisdiction depends, unless the court already has
jurisdiction and the claim needs no new grounds of jurisdiction to
support it;
(2) a short and plain statement of the ultimate facts
showing that the pleader is entitled to relief; and
(3) a demand for judgment for the relief to which the
pleader deems the pleader entitled.
Relief in the alternative or of several different types may be
demanded. Every complaint will be considered to pray for general
relief.
(c) The Answer. In the answer, a pleader must state in short
and plain terms the pleader’s defenses to each claim asserted and
must admit or deny the averments on which the adverse party
relies. If the defendant is without knowledge, the defendant must so
state, and such statement will operate as a denial. Denial must
fairly meet the substance of the averments denied. When a pleader
intends in good faith to deny only a part of an averment, the pleader
must specify so much of it as is true and must deny the remainder.
Unless the pleader intends in good faith to controvert all of the
averments of the preceding pleading, the pleader may make denials
as specific denials of designated averments or may generally deny
all of the averments except such designated averments as the
pleader expressly admits. When the pleader does so intend to
controvert all of its averments, including averments of the grounds
on which the court’s jurisdiction depends, the pleader may do so by
general denial.
(d) Affirmative Defenses. In pleading to a preceding
pleading, a party must set forth affirmatively: accord and
satisfaction, arbitration and award, assumption of risk,
contributory negligence, discharge in bankruptcy, duress, estoppel,
failure of consideration, fraud, illegality, injury by fellow servant,
laches, license, payment, release, res judicata, statute of frauds,
statute of limitations, waiver, and any other matter constituting an
avoidance or affirmative defense. A pleading that sets forth an
affirmative defense must contain a short and plain statement of the
ultimate facts supporting the avoidance or affirmative defense.
When a party has mistakenly designated a defense as a
counterclaim or a counterclaim as a defense, the court, on terms if
justice so requires, must treat the pleading as if there had been a
proper designation. Affirmative defenses appearing on the face of a
prior pleading may be asserted as grounds for a motion or defense
under rule 1.140(b), provided this does not limit amendments
under rule 1.190 even if such ground is sustained.
(e) Effect of Failure to Deny. Averments in a pleading to
which a responsive pleading is required, other than those as to the
amount of damages, are admitted when not denied in the
responsive pleading. Averments in a pleading to which no
responsive pleading is required or permitted must be taken as
denied or avoided.
(f) Separate Statements. All averments of claim or defense
must be made in consecutively numbered paragraphs. The contents
of each paragraph must be limited as far as practicable to a
statement of a single set of circumstances, and a paragraph may be
referred to by number in all subsequent pleadings. Each claim
founded on a separate transaction or occurrence and each defense
other than denials must be stated in a separate count or defense
when a separation facilitates the clear presentation of the matter set
forth.
(g) Joinder of Causes of Action; Consistency. A pleader
may set up in the same action as many claims or causes of action
or defenses in the same right as the pleader has, and claims for
relief may be stated in the alternative if separate items make up the
cause of action, or if 2 or more causes of action are joined. A party
may also set forth 2 or more statements of a claim or defense
alternatively, either in 1 count or defense or in separate counts or
defenses. When 2 or more statements are made in the alternative
and 1 of them, if made independently, would be sufficient, the
pleading is not made insufficient by the insufficiency of 1 or more of
the alternative statements. A party may also state as many separate
claims or defenses as that party has, regardless of consistency and
whether based on legal or equitable grounds or both. All pleadings
must be construed so as to do substantial justice.
(h) Subsequent Pleadings. When the nature of an action
permits pleadings subsequent to final judgment, and the
jurisdiction of the court over the parties has not terminated, the
initial pleading subsequent to final judgment must be designated a
supplemental complaint or petition. The action must then proceed
in the same manner and time as though the supplemental
complaint or petition were the initial pleading in the action,
including the issuance of any needed process. This subdivision does
not apply to proceedings that may be initiated by motion under
these rules.
Committee Notes
1971 Amendment. Subdivision (h) is added to cover a
situation usually arising in divorce judgment modifications,
supplemental declaratory relief actions, or trust supervision. When
any subsequent proceeding results in a pleading in the strict
technical sense under rule 1.100(a), response by opposing parties
will follow in the same course as though the new pleading were the
initial pleading in the action. The time for answering and authority
for defenses under rule 1.140 will apply. The last sentence exempts
post judgment motions under rules 1.480(c), 1.530, and 1.540, and
similar proceedings from its purview.
2014 Amendment. The last two paragraphs of rule 1.110(b)
regarding pleading requirements for certain mortgage foreclosure
actions were deleted and incorporated in new rule 1.115.
RULE 1.115 cases. PLEADING MORTGAGE FORECLOSURES
(a) Claim for Relief. A claim for relief that seeks to foreclose
a mortgage or other lien which secures a promissory note on
residential real property, including individual units of
condominiums and cooperatives designed principally for occupation
by one to four families, must: (1) contain affirmative allegations
expressly made by the claimant at the time the proceeding is
commenced that the claimant is the holder of the original note
secured by the mortgage; or (2) allege with specificity the factual
basis by which the claimant is a person entitled to enforce the note
under section 673.3011, Florida Statutes.
(b) Delegated Claim for Relief. If a claimant has been
delegated the authority to institute a mortgage foreclosure action on
behalf of the person entitled to enforce the note, the claim for relief
shall describe the authority of the claimant and identify with
specificity the document that grants the claimant the authority to
act on behalf of the person entitled to enforce the note. The term
“original note” or “original promissory note” means the signed or
executed promissory note rather than a copy of it. The term
includes any renewal, replacement, consolidation, or amended and
restated note or instrument given in renewal, replacement, or
substitution for a previous promissory note. The term also includes
a transferrable record, as defined by the Uniform Electronic
Transaction Act in section 668.50(16), Florida Statutes.
(c) Possession of Original Promissory Note. If the claimant
is in possession of the original promissory note, the claimant must
file under penalty of perjury a certification contemporaneously with
the filing of the claim for relief for foreclosure that the claimant is in
possession of the original promissory note. The certification must
set forth the location of the note, the name and title of the
individual giving the certification, the name of the person who
personally verified such possession, and the time and date on
which the possession was verified. Correct copies of the note and all
allonges to the note must be attached to the certification. The
original note and the allonges must be filed with the court before
the entry of any judgment of foreclosure or judgment on the note.
(d) Lost, Destroyed, or Stolen Instrument. If the claimant
seeks to enforce a lost, destroyed, or stolen instrument, an affidavit
executed under penalty of perjury must be attached to the claim for
relief. The affidavit must: (1) detail a clear chain of all
endorsements, transfers, or assignments of the promissory note
that is the subject of the action; (2) set forth facts showing that the
claimant is entitled to enforce a lost, destroyed, or stolen
instrument pursuant to section 673.3091, Florida Statutes; and (3)
include as exhibits to the affidavit such copies of the note and the
allonges to the note, audit reports showing receipt of the original
note, or other evidence of the acquisition, ownership, and
possession of the note as may be available to the claimant.
Adequate protection as required and identified under sections
673.3091(2) and 702.11(1), Florida Statutes, shall be provided
before the entry of final judgment.
(e) Verification. When filing an action for foreclosure on a
mortgage for residential real property the claim for relief shall be
verified by the claimant seeking to foreclose the mortgage. When
verification of a document is required, the document filed shall
include an oath, affirmation, or the following statement:
“Under penalties of perjury, I declare that I have read the
foregoing, and the facts alleged therein are true and correct to the
best of my knowledge and belief.”
RULE 1.120 cases. PLEADING SPECIAL MATTERS
(a) Capacity. It is not necessary to aver the capacity of a
party to sue or be sued, the authority of a party to sue or be sued in
a representative capacity, or the legal existence of an organized
association of persons that is made a party, except to the extent
required to show the jurisdiction of the court. The initial pleading
served on behalf of a minor party shall specifically aver the age of
the minor party. When a party desires to raise an issue as to the
legal existence of any party, the capacity of any party to sue or be
sued, or the authority of a party to sue or be sued in a
representative capacity, that party shall do so by specific negative
averment which shall include such supporting particulars as are
peculiarly within the pleader’s knowledge.
(b) Fraud, Mistake, Condition of the Mind. In all
averments of fraud or mistake, the circumstances constituting
fraud or mistake shall be stated with such particularity as the
circumstances may permit. Malice, intent, knowledge, mental
attitude, and other condition of mind of a person may be averred
generally.
(c) Conditions Precedent. In pleading the performance or
occurrence of conditions precedent, it is sufficient to aver generally
that all conditions precedent have been performed or have occurred.
A denial of performance or occurrence shall be made specifically
and with particularity.
(d) Official Document or Act. In pleading an official
document or official act it is sufficient to aver that the document
was issued or the act done in compliance with law.
(e) Judgment or Decree. In pleading a judgment or decree
of a domestic or foreign court, a judicial or quasi-judicial tribunal,
or a board or officer, it is sufficient to aver the judgment or decree
without setting forth matter showing jurisdiction to render it.
(f) Time and Place. For the purpose of testing the
sufficiency of a pleading, averments of time and place are material
and shall be considered like all other averments of material matter.
(g) Special Damage. When items of special damage are
claimed, they shall be specifically stated.
RULE 1.130 cases. ATTACHING COPY OF CAUSE OF ACTION AND
EXHIBITS
(a) Instruments Attached. All bonds, notes, bills of
exchange, contracts, accounts, or documents on which action may
be brought or defense made, or a copy thereof or a copy of the
portions thereof material to the pleadings, must be incorporated in
or attached to the pleading. No documents shall be unnecessarily
annexed as exhibits. The pleadings must contain no unnecessary
recitals of deeds, documents, contracts, or other instruments.
(b) Part for All Purposes. Any exhibit attached to a pleading
must be considered a part thereof for all purposes. Statements in a
pleading may be adopted by reference in a different part of the same
pleading, in another pleading, or in any motion.
RULE 1.140 cases. DEFENSES
(a) When Presented.
(1) Unless a different time is prescribed in a statute of
Florida, a defendant must serve an answer within 20 days after
service of original process and the initial pleading on the defendant,
or not later than the date fixed in a notice by publication. A party
served with a pleading stating a crossclaim against that party must
serve an answer to it within 20 days after service on that party. The
plaintiff must serve an answer to a counterclaim within 20 days
after service of the counterclaim. If a reply is required, the reply
must be served within 20 days after service of the answer.
(2) (A) Except when sued pursuant to section 768.28,
Florida Statutes, the state of Florida, an agency of the state, or an
officer or employee of the state sued in an official capacity must
serve an answer to the complaint or crossclaim, or a reply to a
counterclaim, within 40 days after service.
(B) When sued pursuant to section 768.28,
Florida Statutes, the Department of Financial Services or the
defendant state agency has 30 days from the date of service within
which to serve an answer to the complaint or crossclaim or a reply
to a counterclaim.
(3) The service of a motion under this rule, except a
motion for judgment on the pleadings or a motion to strike under
subdivision (f), alters these periods of time so that if the court
denies the motion or postpones its disposition until the trial on the
merits, the responsive pleadings must be served within 10 days
after the filing of the court’s order or, if the court grants a motion
for a more definite statement, the responsive pleadings must be
served within 10 days after service of the more definite statement
unless a different time is fixed by the court in either case.
(4) If the court permits or requires an amended or
responsive pleading or a more definite statement, the pleading or
statement must be served within 10 days after the filing of the
court’s order unless a different time is fixed by the court. Responses
to the pleadings or statements must be served within 10 days of
service of the pleadings or statements.
(b) How Presented. Every defense in law or fact to a claim
for relief in a pleading must be asserted in the responsive pleading,
if one is required, but the following defenses may be made by
motion at the option of the pleader: (1) lack of jurisdiction over the
subject matter, (2) lack of jurisdiction over the person, (3) improper
venue, (4) insufficiency of process, (5) insufficiency of service of
process, (6) failure to state a cause of action, and (7) failure to join
indispensable parties. A motion making any of these defenses must
be made before pleading if a further pleading is permitted. The
grounds on which any of the enumerated defenses are based and
the substantial matters of law intended to be argued must be stated
specifically and with particularity in the responsive pleading or
motion. Any ground not stated must be deemed to be waived except
any ground showing that the court lacks jurisdiction of the subject
matter may be made at any time. No defense or objection is waived
by being joined with other defenses or objections in a responsive
pleading or motion. If a pleading sets forth a claim for relief to
which the adverse party is not required to serve a responsive
pleading, the adverse party may assert any defense in law or fact to
that claim for relief at the trial, except that the objection of failure to
state a legal defense in an answer or reply must be asserted by
motion to strike the defense within 20 days after service of the
answer or reply.
(c) Motion for Judgment on the Pleadings. After the
pleadings are closed, but within such time as not to delay the trial,
any party may move for judgment on the pleadings.
(d) Preliminary Hearings. The defenses 1 to 7 in
subdivision (b) of this rule, whether made in a pleading or by
motion, and the motion for judgment in subdivision (c) of this rule
must be heard and determined before trial on application of any
party unless the court orders that the hearing and determination
must be deferred until the trial.
(e) Motion for More Definite Statement. If a pleading to
which a responsive pleading is permitted is so vague or ambiguous
that a party cannot reasonably be required to frame a responsive
pleading, that party may move for a more definite statement before
interposing a responsive pleading. The motion must point out the
defects complained of and the details desired. If the motion is
granted and the order of the court is not obeyed within 10 days
after the filing of the order or such other time as the court may fix,
the court may strike the pleading to which the motion was directed
or make such order as it deems just.
(f) Motion to Strike. A party may move to strike or the
court may strike redundant, immaterial, impertinent, or scandalous
matter from any pleading at any time.
(g) Consolidation of Defenses. A party who makes a motion
under this rule may join with it the other motions herein provided
for and then available to that party. If a party makes a motion
under this rule but omits from it any defenses or objections then
available to that party that this rule permits to be raised by motion,
that party shall not thereafter make a motion based on any of the
defenses or objections omitted, except as provided in subdivision
(h)(2) of this rule.
(h) Waiver of Defenses.
(1) A party waives all defenses and objections that the
party does not present either by motion under subdivisions (b), (e),
or (f) of this rule or, if the party has made no motion, in a
responsive pleading except as provided in subdivision (h)(2).
(2) The defenses of failure to state a cause of action or
a legal defense or to join an indispensable party may be raised by
motion for judgment on the pleadings or at the trial on the merits in
addition to being raised either in a motion under subdivision (b) or
in the answer or reply. The defense of lack of jurisdiction of the
subject matter may be raised at any time.
Committee Notes
1972 Amendment. Subdivision (a) is amended to eliminate
the unnecessary statement of the return date when service is made
by publication, and to accommodate the change proposed in rule
1.100(a) making a reply mandatory under certain circumstances.
Motions to strike under subdivision (f) are divided into 2 categories,
so subdivision (a) is also amended to accommodate this change by
eliminating motions to strike under the new subdivision (f) as
motions that toll the running of time. A motion to strike an
insufficient legal defense will now be available under subdivision (b)
and continue to toll the time for responsive pleading. Subdivision
(b) is amended to include the defense of failure to state a sufficient
legal defense. The proper method of attack for failure to state a legal
defense remains a motion to strike. Subdivision (f) is changed to
accommodate the 2 types of motions to strike. The motion to strike
an insufficient legal defense is now in subdivision (b). The motion to
strike under subdivision (f) does not toll the time for responsive
pleading and can be made at any time, and the matter can be
stricken by the court on its initiative at any time. Subdivision (g)
follows the terminology of Federal Rule of Civil Procedure 12(g).
Much difficulty has been experienced in the application of this and
the succeeding subdivision with the result that the same defenses
are being raised several times in an action. The intent of the rule is
to permit the defenses to be raised one time, either by motion or by
the responsive pleading, and thereafter only by motion for judgment
on the pleadings or at the trial. Subdivision (h) also reflects this
philosophy. It is based on federal rule 12(h) but more clearly states
the purpose of the rule.
1988 Amendment. The amendment to subdivision (a) is to fix
a time within which amended pleadings, responsive pleadings, or
more definite statements required by the court and responses to
those pleadings or statements must be served when no time limit is
fixed by the court in its order. The court’s authority to alter these
time periods is contained in rule 1.090(b).
2007 Amendment. Subdivision (a) is amended to conform
rule 1.140 to the statutory requirements of sections 48.111, 48.121,
and 768.28, Florida Statutes. The rule is similar to Federal Rule of
Civil Procedure 12(a).
RULE 1.150 cases. SHAM PLEADINGS
(a) Motion to Strike. If a party deems any pleading or part
thereof filed by another party to be a sham, that party may move to
strike the pleading or part thereof before the cause is set for trial
and the court shall hear the motion, taking evidence of the
respective parties, and if the motion is sustained, the pleading to
which the motion is directed shall be stricken. Default and
summary judgment on the merits may be entered in the discretion
of the court or the court may permit additional pleadings to be filed
for good cause shown.
(b) Contents of Motion. The motion to strike shall be
verified and shall set forth fully the facts on which the movant relies
and may be supported by affidavit. No traverse of the motion shall
be required.
RULE 1.160 cases. MOTIONS
All motions and applications in the clerk’s office for the
issuance of mesne process and final process to enforce and execute
judgments, for entering defaults, and for such other proceedings in
the clerk’s office as do not require an order of court shall be deemed
motions and applications grantable as of course by the clerk. The
clerk’s action may be suspended or altered or rescinded by the
court upon cause shown.
RULE 1.170 cases. COUNTERCLAIMS AND CROSSCLAIMS
(a) Compulsory Counterclaims. A pleading must state as a
counterclaim any claim which at the time of serving the pleading
the pleader has against any opposing party, provided it arises out of
the transaction or occurrence that is the subject matter of the
opposing party’s claim and does not require for its adjudication the
presence of third parties over whom the court cannot acquire
jurisdiction. But the pleader need not state a claim if (1) at the time
the action was commenced the claim was the subject of another
pending action, or (2) the opposing party brought suit on that
party’s claim by attachment or other process by which the court did
not acquire jurisdiction to render a personal judgment on the claim
and the pleader is not stating a counterclaim under this rule.
(b) Permissive Counterclaim. A pleading may state as a
counterclaim any claim against an opposing party not arising out of
the transaction or occurrence that is the subject matter of the
opposing party’s claim.
(c) Counterclaim Exceeding Opposing Claim. A
counterclaim may or may not diminish or defeat the recovery
sought by the opposing party. It may claim relief exceeding in
amount or different in kind from that sought in the pleading of the
opposing party.
(d) Counterclaim against the State. These rules shall not
be construed to enlarge beyond the limits established by law the
right to assert counterclaims or to claim credits against the state or
any of its subdivisions or other governmental organizations thereof
subject to suit or against a municipal corporation or against an
officer, agency, or administrative board of the state.
(e) Counterclaim Maturing or Acquired after Pleading. A
claim which matured or was acquired by the pleader after serving
the pleading may be presented as a counterclaim by supplemental
pleading with the permission of the court.
(f) Omitted Counterclaim or Crossclaim. When a pleader
fails to set up a counterclaim or crossclaim through oversight,
inadvertence, or excusable neglect, or when justice requires, the
pleader may set up the counterclaim or crossclaim by amendment
with leave of the court.
(g) Crossclaim against Co-Party. A pleading may state as a
crossclaim any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter of either
the original action or a counterclaim therein, or relating to any
property that is the subject matter of the original action. The
crossclaim may include a claim that the party against whom it is
asserted is or may be liable to the crossclaimant for all or part of a
claim asserted in the action against the crossclaimant. Service of a
crossclaim on a party who has appeared in the action must be
made under Florida Rule of General Practice and Judicial
Administration. Service of a crossclaim against a party who has not
appeared in the action must be made in the manner provided for
service of summons.
(h) Additional Parties May Be Brought In. When the
presence of parties other than those to the original action is
required to grant complete relief in the determination of a
counterclaim or crossclaim, they must be named in the
counterclaim or crossclaim and be served with process and must be
parties to the action thereafter if jurisdiction of them can be
obtained and their joinder will not deprive the court of jurisdiction
of the action. Rules 1.250(b) and (c) apply to parties brought in
under this subdivision.
(i) Separate Trials; Separate Judgment. If the court orders
separate trials as provided in rule 1.270(b), judgment on a
counterclaim or crossclaim may be rendered when the court has
jurisdiction to do so even if a claim of the opposing party has been
dismissed or otherwise disposed of.
(j) Demand Exceeding Jurisdiction; Transfer of Action. If
the demand of any counterclaim or crossclaim exceeds the
jurisdiction of the court in which the action is pending, the action
must be transferred immediately to the court of the same county
having jurisdiction of the demand in the counterclaim or crossclaim
with only such alterations in the pleadings as are essential. The
court must order the transfer of the action and the transmittal of all
documents in it to the proper court if the party asserting the
demand exceeding the jurisdiction deposits with the court having
jurisdiction a sum sufficient to pay the clerk’s service charge in the
court to which the action is transferred at the time of filing the
counterclaim or crossclaim. Thereupon the original documents and
deposit must be transmitted and filed with a certified copy of the
order. The court to which the action is transferred shall have full
power and jurisdiction over the demands of all parties. Failure to
make the service charge deposit at the time the counterclaim or
crossclaim is filed, or within such further time as the court may
allow, will reduce a claim for damages to an amount within the
jurisdiction of the court where the action is pending and waive the
claim in other cases.
Committee Notes
1972 Amendment. Subdivision (h) is amended to conform
with the philosophy of the 1968 amendment to rule 1.250(c). No
justification exists to require more restrictive joinder provisions for
counterclaims and crossclaims than is required for the initial
pleading. The only safeguard required is that joinder does not
deprive the court of jurisdiction. Subdivision (j) is amended to
require deposit of the service charge for transfer when a
counterclaim or crossclaim exceeding the jurisdiction of the court in
which the action is pending is filed. This cures a practical problem
when the defendant files a counterclaim or crossclaim exceeding the
jurisdiction but neglects to pay the service charge to the court to
which the action is transferred. The matter then remains in limbo
and causes procedural difficulties in progressing the action.
1988 Amendment. The last 2 sentences were added to
subdivision (g) to counter the construction of these rules and
section 48.031(1), Florida Statutes, by an appellate court in
Fundaro v. Canadiana Corp., 409 So. 2d 1099 (Fla. 4th DCA 1982),
to require service of all crossclaims with summons pursuant to rule
1.070. The purpose of this amendment is to make it clear that
crossclaims must be served as initial pleadings only against a party
who has not previously entered an appearance in the action.
2012 Amendment. Subdivision (g) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.
RULE 1.180 cases. THIRD-PARTY PRACTICE
(a) When Available. At any time after commencement of the
action a defendant may have a summons and complaint served on a
person not a party to the action who is or may be liable to the
defendant for all or part of the plaintiff’s claim against the
defendant, and may also assert any other claim that arises out of
the transaction or occurrence that is the subject matter of the
plaintiff’s claim. The defendant need not obtain leave of court if the
defendant files the third-party complaint not later than 20 days
after the defendant serves the original answer. Otherwise, the
defendant must obtain leave on motion and notice to all parties to
the action. The person served with the summons and third-party
complaint, herein called the third-party defendant, shall make
defenses to the defendant’s claim as provided in rules 1.110 and
1.140 and counterclaims against the defendant and crossclaims
against other third-party defendants as provided in rule 1.170. The
third-party defendant may assert against the plaintiff any defenses
that the defendant has to the plaintiff’s claim. The third-party
defendant may also assert any claim against the plaintiff arising out
of the transaction or occurrence that is the subject matter of the
plaintiff’s claim against the defendant. The plaintiff may assert any
claim against the third-party defendant arising out of the
transaction or occurrence that is the subject matter of the plaintiff’s
claim against the defendant, and the third-party defendant
thereupon shall assert a defense as provided in rules 1.110 and
1.140 and counterclaims and crossclaims as provided in rule 1.170.
Any party may move to strike the third-party claim or for its
severance or separate trial. A third-party defendant may proceed
under this rule against any person not a party to the action who is
or may be liable to the third-party defendant for all or part of the
claim made in the action against the third-party defendant.
(b) When Plaintiff May Bring in Third Party. When a
counterclaim is asserted against the plaintiff, the plaintiff may bring
in a third party under circumstances which would entitle a
defendant to do so under this rule.
Court Commentary
1984 Amendment. Subdivision (a) is amended to permit the
defendant to have the same right to assert claims arising out of the
transaction or occurrence that all of the other parties to the action
have. It overrules the decisions in Miramar Construction, Inc. v. El
Conquistador Condominium, 303 So. 2d 81 (Fla. 3d DCA 1974), and
Richard’s Paint Mfg. Co. v. Onyx Paints, Inc., 363 So. 2d 596 (Fla.
4th DCA 1978), to that extent. The term defendant is used
throughout instead of third-party plaintiff for clarity and brevity
reasons and refers to the defendant serving the summons and
third-party complaint on a third-party defendant or, when
applicable, to the similar summons and fourth party.
RULE 1.190 cases. AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Amendments. A party may amend a pleading once as a
matter of course at any time before a responsive pleading is served
or, if the pleading is one to which no responsive pleading is
permitted and the action has not been placed on the trial calendar,
may so amend it at any time within 20 days after it is served.
Otherwise a party may amend a pleading only by leave of court or
by written consent of the adverse party. If a party files a motion to
amend a pleading, the party shall attach the proposed amended
pleading to the motion. Leave of court shall be given freely when
justice so requires. A party shall plead in response to an amended
pleading within 10 days after service of the amended pleading
unless the court otherwise orders.
(b) Amendments to Conform with the Evidence. When
issues not raised by the pleadings are tried by express or implied
consent of the parties, they shall be treated in all respects as if they
had been raised in the pleadings. Such amendment of the pleadings
as may be necessary to cause them to conform to the evidence and
to raise these issues may be made upon motion of any party at any
time, even after judgment, but failure so to amend shall not affect
the result of the trial of these issues. If the evidence is objected to at
the trial on the ground that it is not within the issues made by the
pleadings, the court may allow the pleadings to be amended to
conform with the evidence and shall do so freely when the merits of
the cause are more effectually presented thereby and the objecting
party fails to satisfy the court that the admission of such evidence
will prejudice the objecting party in maintaining an action or
defense upon the merits.
(c) Relation Back of Amendments. When the claim or
defense asserted in the amended pleading arose out of the conduct,
transaction, or occurrence set forth or attempted to be set forth in
the original pleading, the amendment shall relate back to the date
of the original pleading.
(d) Supplemental Pleadings. Upon motion of a party the
court may permit that party, upon reasonable notice and upon
such terms as are just, to serve a supplemental pleading setting
forth transactions or occurrences or events which have happened
since the date of the pleading sought to be supplemented. If the
court deems it advisable that the adverse party plead thereto, it
shall so order, specifying the time therefor.
(e) Amendments Generally. At any time in furtherance of
justice, upon such terms as may be just, the court may permit any
process, proceeding, pleading, or record to be amended or material
supplemental matter to be set forth in an amended or supplemental
pleading. At every stage of the action the court must disregard any
error or defect in the proceedings which does not affect the
substantial rights of the parties.
(f) Claims for Punitive Damages. A motion for leave to
amend a pleading to assert a claim for punitive damages shall make
a reasonable showing, by evidence in the record or evidence to be
proffered by the claimant, that provides a reasonable basis for
recovery of such damages. The motion to amend can be filed
separately and before the supporting evidence or proffer, but each
shall be served on all parties at least 20 days before the hearing.
Committee Notes
1980 Amendment. The last clause of subdivision (a) is
deleted to restore the decision in Scarfone v. Denby, 156 So. 2d 694
(Fla. 2d DCA 1963). The adoption of rule 1.500 requiring notice of
an application for default after filing or serving of any paper
eliminates the need for the clause. This will permit reinstatement of
the procedure in federal practice and earlier Florida practice
requiring a response to each amended pleading, thus simplifying
the court file under the doctrine of Dee v. Southern Brewing Co., 146
Fla. 588, 1 So. 2d 562 (1941).
2003 Amendment. Subdivision (a) is amended in accordance
with Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000). See
the amendment to rule 1.070(j). Subdivision (f) is added to state the
requirements for a party moving for leave of court to amend a
pleading to assert a claim for punitive damages. See Beverly Health
& Rehabilitation Services, Inc. v. Meeks, 778 So. 2d 322 (Fla. 2d
DCA 2000).
RULE 1.200 cases. CASE MANAGEMENT; PRETRIAL PROCEDURE
(a) Applicability; Exemptions. The requirements of this
rule apply to all civil actions except:
(1) actions required to proceed under section 51.011,
Florida Statutes;
(2) actions proceeding under section 45.075, Florida
Statutes;
(3) actions subject to the Florida Small Claims Rules,
unless the court, under rule 7.020(c), has ordered the action to
proceed under one or more of the Florida Rules of Civil Procedure
and the deadline for the trial date specified in rule 7.090(d) no
longer applies;
(4) an action or proceeding initiated under chapters
731–736, 738, and 744, Florida Statutes;
(5) an action for review of an administrative proceeding;
(6) eminent domain actions under article X, section 6 of
the Florida Constitution or chapters 73 and 74, Florida Statutes;
(7) a forfeiture action in rem arising from a state
statute;
(8) a petition for habeas corpus or any other proceeding
to challenge a criminal conviction or sentence;
(9) an action brought without an attorney by a person
in the custody of the United States, a state, or a state subdivision;
(10) an action to enforce or quash an administrative
summons or subpoena;
(11) a proceeding ancillary to a proceeding in another
court;
(12) an action to enforce an arbitration award;
(13) an action involving an extraordinary writ or remedy
under rule 1.630;
(14) actions to confirm or enforce foreign judgments;
(15) all proceedings under chapter 56, Florida Statutes;
(16) a civil action pending in a special division of the
court established by administrative order issued by the chief judge
of the circuit or local rule (e.g., a complex business division or a
complex civil division) that enters case management orders;
(17) all proceedings under chapter 415, Florida Statutes,
and sections 393.12 and 825.1035, Florida Statutes; and
(18) a claim requiring expedited or priority resolution
under an applicable statute or rule.
(b) Case Track Assignment. Not later than 120 days after
an action commences as provided in rule 1.050, the court must
assign each civil case to 1 of 3 case management tracks either by
an initial case management order or an administrative order on
case management issued by the chief judge of the circuit:
streamlined, general, or complex. Assignment is not based on the
financial value of the case but rather the amount of judicial
attention required for resolution.
(1) “Complex” cases are actions designated by court
order as complex under rule 1.201. Complex cases must proceed as
provided in rule 1.201.
(2) “Streamlined” cases are actions that reflect some
mutual knowledge about the underlying facts, have limited needs
for discovery, well-established legal issues related to liability and
damages, few anticipated dispositive pretrial motions, minimal
documentary evidence, and an anticipated trial length of no more
than 3 days. Uncontested cases should generally be presumed to be
streamlined cases.
(3) “General” cases are all other actions that do not
meet the criteria for streamlined or complex.
(c) Changes in Track Assignment.
(1) Change Requested by a Party. Any motion to change
the track to which a case is assigned must be filed promptly after
the appearance of good cause to support the motion.
(2) Change Directed by the Court. A track assignment
may be changed by the court on its own motion.
(d) Case Management Order.
(1) Complex Cases. Case management orders in
complex cases must issue as provided in rule 1.201.
(2) Streamlined and General Cases. In streamlined and
general cases, the court must issue a case management order that
specifies the projected or actual trial period based on the case track
assignment, consistent with administrative orders entered by the
chief judge of the circuit. The order must also set deadlines that are
differentiated based on whether the case is streamlined or general
and must be consistent with the time standards specified in Florida
Rule of General Practice and Judicial Administration 2.250(a)(1)(B)
for the completion of civil cases. The order must specify no less
than the following deadlines:
(A) service of complaints;
(B) service under extensions;
(C) adding new parties;
(D) completion of fact discovery;
(E) completion of expert discovery;
(F) filing and service of motion for summary
judgment;
(G) filing and resolution of all objections to
pleadings;
(H) filing and resolution of all pretrial motions;
and
(I) completion of alternative dispute resolution.
(3) Strict Enforcement of Deadlines. The case
management order must indicate that the deadlines established in
the order will be strictly enforced unless changed by court order.
(4) Timing of Issuance. The court must issue the case
management order no later than 120 days after commencement of
the action as provided in rule 1.050. No case management
conference is required to be set by the court before issuance.
(e) Extensions of Time; Modification of Deadlines.
(1) Deadlines are Strictly Enforced. Deadlines in a case
management order must be strictly enforced unless changed by
court order. Parties may submit an agreed order to extend a
deadline if the extension does not affect the ability to comply with
the remaining dates in the case management order. If extending an
individual case management deadline may affect a subsequent
deadline in the case management order, parties must seek an
amendment of the case management order, rather than submitting
a motion for extension of an individual deadline.
(2) Modification of Actual Trial Period. Once an actual
trial period is set, the parties must satisfy the requirements of rule
1.460 to change that period. During the time a trial period is still a
projection, the parties may seek to change the projected trial period
through the process in subdivision (e)(3).
(3) Modifications of Deadlines or Projected Trial Period.
Any motion to extend a deadline, amend a case management order,
or alter a projected trial period must specify:
(A) the basis of the need for the extension,
including when the basis became known to the movant;
(B) whether the motion is opposed;
(C) the specific date to which the movant is
requesting the deadline or projected trial period be extended, and
whether that date is agreed by all parties; and
(D) the action and specific dates for the action that
will enable the movant to meet the proposed new deadline or
projected trial period, including, but not limited to, confirming the
specific date any required participants such as third-party
witnesses or experts are available.
(f) Notices of Unavailability. Notices of unavailability have
no effect on the deadlines set by the case management order. If a
party is unable to comply with a deadline in a case management
order, the party must take action consistent with subdivision (e)(1).
(g) Inability to Meet Case Management Deadlines. If any
party is unable to meet the deadlines set forth in the case
management order for any reason, including due to the
unavailability of hearing time, the affected party may promptly set a
case management conference and alert the court. The notice of case
management conference must identify the issues to be addressed in
the case management conference.
(h) If Trial Is Not Reached During Trial Period. If a trial is
not reached during the trial period set by court order, the court
must enter an order setting a new trial period that is as soon as
practicable, given the needs of the case and resources of the court.
The order resetting the trial period must reflect what further activity
will or will not be permitted.
(i) Forms. Except for case management orders issued in
cases governed by rule 1.201, the forms for case management
orders will be set by the chief judge of the circuit. The form orders
must comply with the requirements of this rule.
(j) Case Management Conferences.
(1) Scheduling. The court may set case management
conferences at any time on its own notice or on proper notice by a
party. Whether set by the court or a party, the amount of notice
must be reasonable. If noticed by a party, the notice itself must
identify the specific issues to be addressed during the case
management conference and must also provide a list of all pending
motions. The court may set, or the parties may request, case
management conferences on an as-needed basis or an ongoing,
periodic basis.
(2) Issues That May Be Addressed. During a case
management conference, the court may address all scheduling
issues, including requests to amend the case management order,
and other issues that may impact trial of the case. In addition, on
reasonable notice to the parties and adequate time available during
the conference, the court may elect to hear a pending motion, other
than motions for summary judgment and motions requiring
evidentiary hearings, even if the parties have not identified the
motion as an issue to be resolved. Motions for summary judgment
and motions requiring evidentiary hearings may not be heard as
part of a case management conference, unless agreed to by the
parties.
(3) Preparation Required. Attorneys and self-
represented litigants who appear at a case management conference
must be prepared on the pending matters in the case, be prepared
to make decisions about future progress and conduct of the case,
and have authority to make representations to the court and enter
into binding agreements concerning motions, issues, and
scheduling. If a party is represented by more than 1 attorney, the
attorney(s) present at a case management conference must be
prepared with all attorneys’ availability for future events.
(4) Other Hearings Convertible. Any scheduled hearing
may be converted to a sua sponte case management conference by
agreement of the parties at the time of the hearing.
(5) Proposed Orders. At the conclusion of the case
management conference, unless the court is drafting its own order,
the court must set a deadline for submitting proposed orders
arising out of the case management conference. A proposed order
must be submitted by that deadline unless an extension is
requested. If the parties do not agree to the contents of a proposed
order, competing proposed orders must be submitted to the court.
The parties must notify the court of the basis of any objections at
the time the competing orders are submitted.
(6) Failure to Appear. On failure of a party to attend a
case management conference, the court may dismiss the action,
strike the pleadings, limit proof or witnesses, or take any other
appropriate action against a party failing to attend.
(k) Pretrial Conference. After the action has been set for an
actual trial period, the court itself may, or must on the timely
motion of any party, require the parties to appear for a pretrial
conference to consider and determine:
(1) a statement of the issues to be tried;
(2) the possibility of obtaining evidentiary and other
stipulations that will avoid unnecessary proof;
(3) the witnesses who are expected to testify, evidence
expected to be proffered, and any associated logistical or scheduling
issues;
(4) the use of technology and other means to facilitate
the presentation of evidence and demonstrative aids at trial;
(5) the order of proof at trial, time to complete the trial,
and reasonable time estimates for voir dire, opening statements,
closing arguments, and any other part of the trial;
(6) the numbers of prospective jurors required for a
venire, alternate jurors, and peremptory challenges for each party;
(7) finalize jury instructions and verdict forms; and
(8) any other matters the court considers appropriate.
Committee Notes
1971 Amendment. The 3 paragraphs of the rule are lettered
and given subtitles. The present last paragraph is placed second as
subdivision (b) because the proceeding required under it is taken
before that in the present second paragraph. The time for
implementation is changed from settling the issues because the
language is erroneous, the purpose of the conference being to settle
some and prepare for the trial of other issues. The last 2 sentences
of subdivision (b) are added to require uniformity by all judges of
the court and to require specification of the documentary
requirements for the conference. The last sentence of subdivision (c)
is deleted since it is covered by the local rule provisions of rule
1.020(d). The reference to the parties in substitution for attorneys
and counsel is one of style because the rules generally impose
obligations on the parties except when the attorneys are specifically
intended. It should be understood that those parties represented by
attorneys will have the attorneys perform for them in the usual
manner.
1972 Amendment. Subdivision (a) is amended to require the
motion for a pretrial by a party to be timely. This is done to avoid
motions for pretrial conferences made a short time before trial and
requests for a continuance of the trial as a result of the pretrial
conference order. The subdivision is also amended to require the
clerk to send to the judge a copy of the motion by a party for the
pretrial conference.
1988 Amendment. The purpose of adding subdivision (a)(5) is
to spell out clearly for the bench and bar that case management
conferences may be used for scheduling the disclosure of expert
witnesses and the discovery of the opinion and factual information
held by those experts. Subdivision (5) is not intended to expand
discovery.
1992 Amendment. Subdivision (a) is amended to allow a
party to set a case management conference in the same manner as
a party may set a hearing on a motion. Subdivision (c) is amended
to remove the mandatory language and make the notice
requirement for a case management conference the same as that for
a hearing on a motion; i.e., reasonable notice.
2012 Amendment. Subdivisions (a)(5) to (a)(7) are added to
address issues involving electronically stored information.
Court Commentary
1984 Amendment. This is a substantial rewording of rule
1.200. Subdivision (a) is added to authorize case management
conferences in an effort to give the court more control over the
progress of the action. All of the matters that the court can do
under the case management conference can be done at the present
time under other rules or because of the court’s authority
otherwise. The new subdivision merely emphasizes the court’s
authority and arranges an orderly method for the exercise of that
authority. Subdivisions (a), (b), and (c) of the existing rule are
relettered accordingly. Subdivision (a) of the existing rule is also
amended to delete the reference to requiring the attorneys to appear
at a pretrial conference by referring to the parties for that purpose.
This is consistent with the language used throughout the rules and
does not contemplate a change in present procedure. Subdivisions
(a)(5) and (a)(6) of the existing rule are deleted since they are now
covered adequately under the new subdivision (a). Subdivisions (b)
and (c) of the existing rule are amended to accommodate the 2 types
of conferences that are now authorized by the rules.
2024 Amendment. Rule 1.200 as amended is intended to
supersede any case management rules issued by circuit courts and
administrative orders on case management to the extent of
contradiction. The rule is not intended to preclude the possibility of
administrative orders issued by circuit chief judges and local rules
under Florida Rule of General Practice and Judicial Administration
2.215 that refine and supplement the procedures delineated in the
rule, including rollover practices for situations where a trial is not
reached during the scheduled trial period.
RULE 1.201 cases. COMPLEX LITIGATION
(a) Complex Litigation Defined. At any time after all
defendants have been served, and an appearance has been entered
in response to the complaint by each party or a default entered, any
party, or the court on its own motion, may move to declare an
action complex. However, any party may move to designate an
action complex before all defendants have been served subject to a
showing to the court why service has not been made on all
defendants. The court may convene a hearing to determine whether
the action requires the use of complex litigation procedures.
(1) A “complex action” is one that is likely to involve
complicated legal or case management issues and that may require
extensive judicial management to expedite the action, keep costs
reasonable, or promote judicial efficiency.
(2) In deciding whether an action is complex, the court
must consider whether the action is likely to involve:
(A) numerous pretrial motions raising difficult or
novel legal issues or legal issues that are inextricably intertwined
that will be time-consuming to resolve;
(B) management of a large number of separately
represented parties;
(C) coordination with related actions pending in
one or more courts in other counties, states, or countries, or in a
federal court;
(D) pretrial management of a large number of
witnesses or a substantial amount of documentary evidence;
(E) substantial time required to complete the trial;
(F) management at trial of a large number of
experts, witnesses, attorneys, or exhibits;
(G) substantial post-judgment judicial
supervision; and
(H) any other analytical factors identified by the
court or a party that tend to complicate comparable actions and
which are likely to arise in the context of the instant action.
(b) Initial Case Management Report and Conference. The
court must hold an initial case management conference within 60
days from the date of the order declaring the action complex.
(1) At least 20 days prior to the date of the initial case
management conference, attorneys for the parties as well as any
parties appearing pro se must confer and prepare a joint statement,
which must be filed with the clerk of the court no later than 14
days before the conference, outlining a discovery plan and stating:
(A) a brief factual statement of the action, which
includes the claims and defenses;
(B) a brief statement on the theory of damages by
any party seeking affirmative relief;
(C) the likelihood of settlement;
(D) the likelihood of appearance in the action of
additional parties and identification of any nonparties to whom any
of the parties will seek to allocate fault;
(E) the proposed limits on the time:
(i) to join other parties and to amend the
pleadings;
(ii) to file and hear motions;
(iii) to identify any nonparties whose identity
is known, or otherwise describe as specifically as practicable any
nonparties whose identity is not known;
(iv) to disclose expert witnesses; and
(v) to complete discovery;
(F) the names of the attorneys responsible for
handling the action;
(G) the necessity for a protective order to facilitate
discovery;
(H) proposals for the formulation and
simplification of issues, including the elimination of frivolous claims
or defenses, and the number and timing of motions for summary
judgment or partial summary judgment;
(I) the possibility of obtaining admissions of fact
and voluntary exchange of documents and electronically stored
information, stipulations regarding authenticity of documents,
electronically stored information, and the need for advance rulings
from the court on admissibility of evidence;
(J) the possibility of obtaining agreements among
the parties regarding the extent to which such electronically stored
information should be preserved, the form in which such
information should be produced, and whether discovery of such
information should be conducted in phases or limited to particular
individuals, time periods, or sources;
(K) suggestions on the advisability and timing of
referring matters to a magistrate, master, other neutral, or
mediation;
(L) a preliminary estimate of the time required for
trial;
(M) requested date or dates for conferences before
trial, a final pretrial conference, and trial;
(N) a description of pertinent documents and a list
of fact witnesses the parties believe to be relevant;
(O) number of experts and fields of expertise; and
(P) any other information that might be helpful to
the court in setting further conferences and the trial period.
(2) Lead trial counsel and a client representative must
attend the initial case management conference.
(3) At the initial case management conference, the
court will set the trial period no sooner than 6 months and no later
than 24 months from the date of the conference unless good cause
is shown for an earlier or later setting. The trial period must be on a
docket having sufficient time within which to try the action and,
when feasible, for a date or dates certain. The trial period must be
set after consultation with counsel and in the presence of all clients
or authorized client representatives. The court must, no later than 2
months before the date scheduled for jury selection, arrange for a
sufficient number of available jurors. Continuance of the trial of a
complex action should rarely be granted and then only upon good
cause shown. Any motion for continuance will be governed by rule
1.460.
(c) The Case Management Order. Within 10 days after
completion of the initial case management conference, the court
must enter a case management order. The case management order
must address each matter set forth under rule 1.200(d)(2) and set
the action for a pretrial conference and trial. The case management
order also must specify the following:
(1) Dates by which all parties must name their expert
witnesses and provide the expert information required by rule
1.280(c)(5). If a party has named an expert witness in a field in
which any other parties have not identified experts, the other
parties may name experts in that field within 30 days thereafter. No
additional experts may be named unless good cause is shown.
(2) Not more than 10 days after the date set for naming
experts, the parties must meet and schedule dates for deposition of
experts and all other witnesses not yet deposed. At the time of the
meeting each party is responsible for having secured three
confirmed dates for its expert witnesses. In the event the parties
cannot agree on a discovery deposition schedule, the court, on
motion, must set the schedule. Any party may file the completed
discovery deposition schedule agreed on or entered by the court.
Once filed, the deposition dates in the schedule may not be altered
without consent of all parties or on order of the court. Failure to
comply with the discovery schedule may result in sanctions in
accordance with rule 1.380.
(3) Dates by which all parties are to complete all other
discovery.
(4) The court must schedule periodic case management
conferences and hearings on lengthy motions at reasonable
intervals based on the particular needs of the action. In addition to
the conferral required under rule 1.202, the attorneys for the
parties as well as any parties appearing pro se must confer no later
than 15 days prior to each case management conference or hearing.
The parties must notify the court immediately if a case management
conference or hearing time becomes unnecessary. Failure to timely
notify the court that a case management conference or hearing time
is unnecessary may result in sanctions.
(5) The case management order may include a briefing
schedule setting forth a time period within which to file briefs or
memoranda, responses, and reply briefs or memoranda, prior to the
court considering such matters.
(6) A deadline for conducting alternative dispute
resolution.
(7) The case management order must be consistent
with the time standard in Florida Rule of General Practice and
Judicial Administration 2.250(a)(1)(B) for the completion of complex
cases.
(d) Final Case Management Conference. The court must
schedule a final case management conference not less than 90 days
before the date the case is set for trial. At least 10 days before the
final case management conference the parties must confer to
prepare a case status report, which must be filed with the clerk of
the court either before or at the time of the final case management
conference. The status report must contain in separately numbered
paragraphs:
(1) A list of all pending motions requiring action by the
court and the date those motions are set for hearing.
(2) Any change regarding the estimated trial time.
(3) The names of the attorneys who will try the case.
(4) A list of the names and addresses of all non-expert
witnesses (including impeachment and rebuttal witnesses) intended
to be called at trial. However, impeachment or rebuttal witnesses
not identified in the case status report may be allowed to testify if
the need for their testimony could not have been reasonably
foreseen at the time the case status report was prepared.
(5) A list of all exhibits intended to be offered at trial.
(6) Certification that copies of witness and exhibit lists
will be filed with the clerk of the court at least 48 hours before the
date and time of the final case management conference.
(7) A deadline for the filing of amended lists of
witnesses and exhibits, which amendments will be allowed only
upon motion and for good cause shown.
(8) Any other matters which could impact the timely
and effective trial of the action.
Committee Notes
2012 Amendment. Subdivision (b)(1)(J) is added to address
issues involving electronically stored information.
RULE 1.202 cases. CONFERRAL PRIOR TO FILING MOTIONS
(a) Duty. Before filing a non-dispositive motion, the movant
must confer with the opposing party in a good-faith effort to resolve
the issues raised in the motion.
(b) Certificate of Conferral. At the end of the motion and
above the signature block, the movant must include a certificate of
conferral in substantially the following form:
“I certify that prior to filing this motion, I discussed the relief
requested in this motion by [method of communication and date]
with the opposing party and [the opposing party (agrees or
disagrees) on the resolution of all or part of the motion] OR [the
opposing party did not respond (describing with particularity all of
the efforts undertaken to accomplish dialogue with the opposing
party prior to filing the motion)].”
OR
“I certify that conferral prior to filing is not required under rule
1.202.”
(c) Applicability; Exemptions. The requirements of this
rule do not apply when the movant or the nonmovant is
unrepresented by counsel (pro se). Conferral is not required prior to
filing the following motions:
(1) for time to extend service of initial process;
(2) for default;
(3) for injunctive relief;
(4) for judgment on the pleadings;
(5) for summary judgment;
(6) to dismiss for failure to state a claim on which relief
can be granted;
(7) to permit maintenance of a class action;
(8) to involuntarily dismiss an action;
(9) to dismiss for failure to prosecute;
(10) for directed verdict and motions filed under rule
1.530;
(11) for garnishment, attachment, or other motions for
enforcement of a judgment under rule 1.570;
(12) for writ of possession under rule 1.580;
(13) filed in actions proceeding under section 51.011,
Florida Statutes; and
(14) that do not require notice to the other party under
statute or rule.
(d) Sanctions. Failure to comply with the requirements of
this rule may result in an appropriate sanction, including denial of
a motion without prejudice. The purposeful evasion of
communication under this rule may result in an appropriate
sanction.
RULE 1.210 cases. PARTIES
(a) Parties Generally. Every action may be prosecuted in
the name of the real party in interest, but a personal representative,
administrator, guardian, trustee of an express trust, a party with
whom or in whose name a contract has been made for the benefit of
another, or a party expressly authorized by statute may sue in that
person’s own name without joining the party for whose benefit the
action is brought. All persons having an interest in the subject of
the action and in obtaining the relief demanded may join as
plaintiffs and any person may be made a defendant who has or
claims an interest adverse to the plaintiff. Any person may at any
time be made a party if that person’s presence is necessary or
proper to a complete determination of the cause. Persons having a
united interest may be joined on the same side as plaintiffs or
defendants, and anyone who refuses to join may for such reason be
made a defendant.
(b) Minors or Incompetent Persons. When a minor or
incompetent person has a representative, such as a guardian or
other like fiduciary, the representative may sue or defend on behalf
of the minor or incompetent person. A minor or incompetent person
who does not have a duly appointed representative may sue by next
friend or by a guardian ad litem. The court shall appoint a guardian
ad litem for a minor or incompetent person not otherwise
represented in an action or shall make such other order as it deems
proper for the protection of the minor or incompetent person.
Committee Notes
1980 Amendment. Subdivisions (c) and (d) are deleted. Both
are obsolete. They were continued in effect earlier because the
committee was uncertain about the need for them at the time.
Subdivision (c) has been supplanted by section 737.402(2)(z),
Florida Statutes (1979), that gives trustees the power to prosecute
and defend actions, regardless of the conditions specified in the
subdivision. The adoption of section 733.212, Florida Statutes
(1979), eliminates the need for subdivision (d) because it provides
an easier and less expensive method of eliminating the interests of
an heir at law who is not a beneficiary under the will. To the extent
that an heir at law is an indispensable party to a proceeding
concerning a testamentary trust, due process requires notice and
an opportunity to defend, so the rule would be unconstitutionally
applied.
2003 Amendment. In subdivision (a), “an executor” is
changed to “a personal representative” to conform to statutory
language. See § 731.201(25), Fla. Stat. (2002).
RULE 1.220 cases. CLASS ACTIONS
(a) Prerequisites to Class Representation. Before any
claim or defense may be maintained on behalf of a class by one
party or more suing or being sued as the representative of all the
members of a class, the court shall first conclude that (1) the
members of the class are so numerous that separate joinder of each
member is impracticable, (2) the claim or defense of the
representative party raises questions of law or fact common to the
questions of law or fact raised by the claim or defense of each
member of the class, (3) the claim or defense of the representative
party is typical of the claim or defense of each member of the class,
and (4) the representative party can fairly and adequately protect
and represent the interests of each member of the class.
(b) Claims and Defenses Maintainable. A claim or defense
may be maintained on behalf of a class if the court concludes that
the prerequisites of subdivision (a) are satisfied, and that:
(1) the prosecution of separate claims or defenses by or
against individual members of the class would create a risk of
either:
(A) inconsistent or varying adjudications
concerning individual members of the class which would establish
incompatible standards of conduct for the party opposing the class;
or
(B) adjudications concerning individual members
of the class which would, as a practical matter, be dispositive of the
interests of other members of the class who are not parties to the
adjudications, or substantially impair or impede the ability of other
members of the class who are not parties to the adjudications to
protect their interests; or
(2) the party opposing the class has acted or refused to
act on grounds generally applicable to all the members of the class,
thereby making final injunctive relief or declaratory relief
concerning the class as a whole appropriate; or
(3) the claim or defense is not maintainable under
either subdivision (b)(1) or (b)(2), but the questions of law or fact
common to the claim or defense of the representative party and the
claim or defense of each member of the class predominate over any
question of law or fact affecting only individual members of the
class, and class representation is superior to other available
methods for the fair and efficient adjudication of the controversy.
The conclusions shall be derived from consideration of all relevant
facts and circumstances, including (A) the respective interests of
each member of the class in individually controlling the prosecution
of separate claims or defenses, (B) the nature and extent of any
pending litigation to which any member of the class is a party and
in which any question of law or fact controverted in the subject
action is to be adjudicated, (C) the desirability or undesirability of
concentrating the litigation in the forum where the subject action is
instituted, and (D) the difficulties likely to be encountered in the
management of the claim or defense on behalf of a class.
(c) Pleading Requirements. Any pleading, counterclaim, or
crossclaim alleging the existence of a class shall contain the
following:
(1) Next to its caption the designation: “Class
Representation.”
(2) Under a separate heading, designated as “Class
Representation Allegations,” specific recitation of:
(A) the particular provision of subdivision (b)
under which it is claimed that the claim or defense is maintainable
on behalf of a class;
(B) the questions of law or fact that are common
to the claim or defense of the representative party and the claim or
defense of each member of the class;
(C) the particular facts and circumstances that
show the claim or defense advanced by the representative party is
typical of the claim or defense of each member of the class;
(D) (i) the approximate number of class members,
(ii) a definition of the alleged class, and (iii) the particular facts and
circumstances that show the representative party will fairly and
adequately protect and represent the interests of each member of
the class; and
(E) the particular facts and circumstances that
support the conclusions required of the court in determining that
the action may be maintained as a class action pursuant to the
particular provision of subdivision (b) under which it is claimed that
the claim or defense is maintainable on behalf of a class.
(d) Determination of Class Representation; Notice;
Judgment: Claim or Defense Maintained Partly on Behalf of a
Class.
(1) As soon as practicable after service of any pleading
alleging the existence of a class under this rule and before service of
an order for pretrial conference or a notice for trial, after hearing
the court shall enter an order determining whether the claim or
defense is maintainable on behalf of a class on the application of
any party or on the court’s initiative. Irrespective of whether the
court determines that the claim or defense is maintainable on
behalf of a class, the order shall separately state the findings of fact
and conclusions of law upon which the determination is based. In
making the determination the court (A) may allow the claim or
defense to be so maintained, and, if so, shall state under which
subsection of subdivision (b) the claim or defense is to be
maintained, (B) may disallow the class representation and strike the
class representation allegations, or (C) may order postponement of
the determination pending the completion of discovery concerning
whether the claim or defense is maintainable on behalf of a class. If
the court rules that the claim or defense shall be maintained on
behalf of a class under subdivision (b)(3), the order shall also
provide for the notice required by subdivision (d)(2). If the court
rules that the claim or defense shall be maintained on behalf of a
class under subdivision (b)(1) or subdivision (b)(2), the order shall
also provide for the notice required by subdivision (d)(2), except
when a showing is made that the notice is not required, the court
may provide for another kind of notice to the class as is
appropriate. When the court orders postponement of its
determination, the court shall also establish a date, if possible, for
further consideration and final disposition of the motion. An order
under this subsection may be conditional and may be altered or
amended before entry of a judgment on the merits of the action.
(2) As soon as is practicable after the court determines
that a claim or defense is maintainable on behalf of a class, notice
of the pendency of the claim or defense shall be given by the party
asserting the existence of the class to all the members of the class.
The notice shall be given to each member of the class who can be
identified and located through reasonable effort and shall be given
to the other members of the class in the manner determined by the
court to be most practicable under the circumstances. Unless
otherwise ordered by the court, the party asserting the existence of
the class shall initially pay for the cost of giving notice. The notice
shall inform each member of the class that (A) any member of the
class who files a statement with the court by the date specified in
the notice asking to be excluded shall be excluded from the class,
(B) the judgment, whether favorable or not, will include all members
who do not request exclusion, and (C) any member who does not
request exclusion may make a separate appearance within the time
specified in the notice.
(3) The judgment determining a claim or defense
maintained on behalf of a class under subdivision (b)(1) or (b)(2),
whether or not favorable to the class, shall include and describe
those persons whom the court finds to be members of the class. The
judgment determining a claim or defense maintained on behalf of a
class under subdivision (b)(3), whether or not favorable to the class,
shall include and identify those to whom the notice provided in
subdivision (d)(2) was directed, who have not requested exclusion
and whom the court finds to be members of the class.
(4) When appropriate, (A) a claim or defense may be
brought or maintained on behalf of a class concerning particular
issues, or (B) class representation may be divided into subclasses,
and each subclass may be treated as a separate and distinct class
and the provisions of this rule shall be applied accordingly.
(e) Dismissal or Compromise. After a claim or defense is
determined to be maintainable on behalf of a class under
subdivision (d), the claim or defense shall not be voluntarily
withdrawn, dismissed, or compromised without approval of the
court after notice and hearing. Notice of any proposed voluntary
withdrawal, dismissal, or compromise shall be given to all members
of the class as the court directs.
Committee Notes
1980 Amendment. The class action rule has been completely
revised to bring it in line with modern practice. The rule is based on
Federal Rule of Civil Procedure 23, but a number of changes have
been made to eliminate problems in the federal rule through court
decisions. Generally, the rule provides for the prerequisites to class
representation, an early determination about whether the claim or
defense is maintainable on behalf of a class, notice to all members
of the class, provisions for the members of the class to exclude
themselves, the form of judgment, and the procedure governing
dismissal or compromise of a claim or defense maintained on behalf
of a class. The prerequisites of subdivision (a) are changed from
those in federal rule 23 only to the extent necessary to incorporate
the criteria enunciated in Port Royal v. Conboy, 154 So. 2d 734 (Fla.
2d DCA 1963). The notice requirements have been made more
explicit and stringent than those in the federal rule.
RULE 1.221 cases. HOMEOWNERS’ ASSOCIATIONS AND
CONDOMINIUM ASSOCIATIONS
A homeowners’ or condominium association, after control of
such association is obtained by homeowners or unit owners other
than the developer, may institute, maintain, settle, or appeal
actions or hearings in its name on behalf of all association members
concerning matters of common interest to the members, including,
but not limited to: (1) the common property, area, or elements; (2)
the roof or structural components of a building, or other
improvements (in the case of homeowners’ associations, being
specifically limited to those improvements for which the association
is responsible); (3) mechanical, electrical, or plumbing elements
serving a property or an improvement or building (in the case of
homeowners’ associations, being specifically limited to those
elements for which the association is responsible); (4)
representations of the developer pertaining to any existing or
proposed commonly used facility; (5) protests of ad valorem taxes
on commonly used facilities; and, in the case of homeowners’
associations, (6) defense of actions in eminent domain or
prosecution of inverse condemnation actions. If an association has
the authority to maintain a class action under this rule, the
association may be joined in an action as representative of that
class with reference to litigation and disputes involving the matters
for which the association could bring a class action under this rule.
Nothing herein limits any statutory or common law right of any
individual homeowner or unit owner, or class of such owners, to
bring any action that may otherwise be available. An action under
this rule shall not be subject to the requirements of rule 1.220.
Committee Notes
1980 Adoption. The present rule relating to condominium
associations [1.220(b)] is left intact but renumbered as rule 1.221.
2007 Amendment. Consistent with amendments to section
720.303(1), Florida Statutes, homeowners’ associations have been
added to the rule.
RULE 1.222 cases. MOBILE HOMEOWNERS’ ASSOCIATIONS
A mobile homeowners’ association may institute, maintain,
settle, or appeal actions or hearings in its name on behalf of all
homeowners concerning matters of common interest, including, but
not limited to: the common property; structural components of a
building or other improvements; mechanical, electrical, and
plumbing elements serving the park property; and protests of ad
valorem taxes on commonly used facilities. If the association has
the authority to maintain a class action under this rule, the
association may be joined in an action as representative of that
class with reference to litigation and disputes involving the matters
for which the association could bring a class action under this rule.
Nothing herein limits any statutory or common law right of any
individual homeowner or class of homeowners to bring any action
which may otherwise be available. An action under this rule shall
not be subject to the requirements of rule 1.220.
RULE 1.230 cases. INTERVENTIONS
Anyone claiming an interest in pending litigation may at any
time be permitted to assert a right by intervention, but the
intervention shall be in subordination to, and in recognition of, the
propriety of the main proceeding, unless otherwise ordered by the
court in its discretion.
RULE 1.240 cases. INTERPLEADER
Persons having claims against the plaintiff may be joined as
defendants and required to interplead when their claims are such
that the plaintiff is or may be exposed to double or multiple liability.
It is not ground for objection to the joinder that the claim of the
several claimants or the titles on which their claims depend do not
have a common origin or are not identical but are adverse to and
independent of one another, or that the plaintiff avers that the
plaintiff is not liable in whole or in part to any or all of the
claimants. A defendant exposed to similar liability may obtain such
interpleader by way of crossclaim or counterclaim. The provisions of
this rule supplement and do not in any way limit the joinder of
parties otherwise permitted.
RULE 1.250 cases. MISJOINDER AND NONJOINDER OF PARTIES
(a) Misjoinder. Misjoinder of parties is not a ground for
dismissal of an action. Any claim against a party may be severed
and proceeded with separately.
(b) Dropping Parties. Parties may be dropped by an adverse
party in the manner provided for voluntary dismissal in rule
1.420(a)(1) subject to the exception stated in that rule. If notice of
lis pendens has been filed in the action against a party so dropped,
the notice of dismissal shall be recorded and cancels the notice of
lis pendens without the necessity of a court order. Parties may be
dropped by order of court on its own initiative or the motion of any
party at any stage of the action on such terms as are just.
(c) Adding Parties. Parties may be added once as a matter
of course within the same time that pleadings can be so amended
under rule 1.190(a). If amendment by leave of court or stipulation of
the parties is permitted, parties may be added in the amended
pleading without further order of court. Parties may be added by
order of court on its own initiative or on motion of any party at any
stage of the action and on such terms as are just.
Committee Notes
1972 Amendment. Subdivision (c) is amended to permit the
addition of parties when the pleadings are amended by stipulation.
This conforms the subdivision to all of the permissive types of
amendment under rule 1.190(a). It was an inadvertent omission by
the committee when the rule in its present form was adopted in
1968 as can be seen by reference to the 1968 committee note.
RULE 1.260 cases. SURVIVOR; SUBSTITUTION OF PARTIES
(a) Death.
(1) If a party dies and the claim is not thereby
extinguished, the court may order substitution of the proper
parties. The motion for substitution may be made by any party or
by the successors or representatives of the deceased party and,
together with the notice of hearing, shall be filed and served on all
parties as provided in Florida Rule of General Practice and Judicial
Administration 2.516 and upon persons not parties in the manner
provided for the service of a summons. Unless the motion for
substitution is made within 90 days after a statement noting the
death is filed and served on all parties as provided in Rule of
General Practice and Judicial Administration 2.516, the action shall
be dismissed as to the deceased party.
(2) In the event of the death of one or more of the
plaintiffs or of one or more of the defendants in an action in which
the right sought to be enforced survives only to the surviving
plaintiffs or only against the surviving defendants, the action shall
not abate. A statement noting the death shall be filed and served on
all parties as provided in Rule of General Practice and Judicial
Administration 2.516 and the action shall proceed in favor of or
against the surviving parties.
(b) Incompetency. If a party becomes incompetent, the
court, upon motion filed and served as provided in subdivision (a) of
this rule, may allow the action to be continued by or against that
person’s representative.
(c) Transfer of Interest. In case of any transfer of interest,
the action may be continued by or against the original party, unless
the court upon motion directs the person to whom the interest is
transferred to be substituted in the action or joined with the
original party. Service of the motion shall be made as provided in
subdivision (a) of this rule.
(d) Public Officers; Death or Separation from Office
(1) When a public officer is a party to an action in an
official capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the action does not abate and the officer’s
successor is automatically substituted as a party. Proceedings
following the substitution shall be in the name of the substituted
party, but any misnomer not affecting the substantial rights of the
parties shall be disregarded. An order of substitution may be
entered at any time, but the omission to enter such an order shall
not affect the substitution.
(2) When a public officer sues or is sued in an official
capacity, the officer may be described as a party by the official title
rather than by name but the court may require the officer’s name to
be added.
RULE 1.270 cases. CONSOLIDATION; SEPARATE TRIALS
(a) Consolidation. When actions involving a common
question of law or fact are pending before the court, it may order a
joint hearing or trial of any or all the matters in issue in the actions;
it may order all the actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid
unnecessary costs or delay.
(b) Separate Trials. The court in furtherance of convenience
or to avoid prejudice may order a separate trial of any claim,
crossclaim, counterclaim, or third-party claim or of any separate
issue or of any number of claims, crossclaims, counterclaims, third-
party claims, or issues.
RULE 1.280 cases. GENERAL PROVISIONS GOVERNING DISCOVERY
(a) Initial Discovery Disclosure.
(1) In General. Except as exempted by subdivision (a)(2)
or as ordered by the court, a party must, without awaiting a
discovery request, provide to the other parties the following initial
discovery disclosures unless privileged or protected from disclosure:
(A) the name and, if known, the address,
telephone number, and e-mail address of each individual likely to
have discoverable information—along with the subjects of that
information—that the disclosing party may use to support its
claims or defenses, unless the use would be solely for
impeachment;
(B) a copy—or a description by category and
location—of all documents, electronically stored information, and
tangible things that the disclosing party has in its possession,
custody, or control (or, if not in the disclosing party’s possession,
custody, or control, a description by category and location of such
information) and may use to support its claims or defenses, unless
the use would be solely for impeachment;
(C) a computation for each category of damages
claimed by the disclosing party and a copy of the documents or
other evidentiary material, unless privileged or protected from
disclosure, on which each computation is based, including
materials bearing on the nature and extent of injuries suffered;
provided that a party is not required to provide computations as to
noneconomic damages, but the party must identify categories of
damages claimed and provide supporting documents; and
(D) a copy of any insurance policy or agreement
under which an insurance business may be liable to satisfy all or
part of a possible judgment in the action or to indemnify or
reimburse for payments made to satisfy the judgment.
(2) Proceedings Exempt from Initial Discovery Disclosure.
Unless ordered by the court, actions and claims listed in rule
1.200(a) are exempt from initial discovery disclosure.
(3) Time for Initial Discovery Disclosures. A party must
make the initial discovery disclosures required by this rule within
60 days after the service of the complaint or joinder, unless a
different time is set by court order.
(4) Basis for Initial Discovery Disclosure; Unacceptable
Excuses; Objections. A party must make its initial discovery
disclosures based on the information then reasonably available to
it. A party is not excused from making its initial discovery
disclosures because it has not fully investigated the case or because
it challenges the sufficiency of another party’s initial discovery
disclosures or because another party has not made its initial
discovery disclosures. A party who formally objects to providing
certain information is not excused from making all other initial
discovery disclosures required by this rule in a timely manner.
(b) Discovery Methods. Parties may obtain discovery by 1
or more of the following methods: depositions on oral examination
or written questions; written interrogatories; production of
documents or things or permission to enter on land or other
property for inspection and other purposes; physical and mental
examinations; and requests for admission. Unless the court orders
otherwise and under subdivision (d), the frequency of use of these
methods is not limited, except as provided in rules 1.200, 1.340,
and 1.370.
(c) Scope of Discovery. Unless otherwise limited by court
order, the scope of discovery is as follows:
(1) In General. Parties may obtain discovery regarding
any nonprivileged matter that is relevant to any party’s claim or
defense and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount in
controversy, the parties’ relative access to relevant information, the
parties’ resources, the importance of the discovery in resolving the
issues, and whether the burden or expense of the proposed
discovery outweighs its likely benefit. Information within this scope
of discovery need not be admissible in evidence to be discoverable.
(2) Indemnity Agreements. A party may obtain discovery
of the existence and contents of any agreement under which any
person may be liable to satisfy part or all of a judgment that may be
entered in the action or to indemnify or to reimburse a party for
payments made to satisfy the judgment. Information concerning the
agreement is not admissible in evidence at trial by reason of
disclosure.
(3) Electronically Stored Information. A party may obtain
discovery of electronically stored information under these rules.
(4) Trial Preparation; Materials. Subject to the
provisions of subdivision (c)(5), a party may obtain discovery of
documents and tangible things otherwise discoverable under
subdivision (c)(1) and prepared in anticipation of litigation or for
trial by or for another party or by or for that party’s representative,
including that party’s attorney, consultant, surety, indemnitor,
insurer, or agent, only on a showing that the party seeking
discovery has need of the materials in the preparation of the case
and is unable without undue hardship to obtain the substantial
equivalent of the materials by other means. In ordering discovery of
the materials when the required showing has been made, the court
must protect against disclosure of the mental impressions,
conclusions, opinions, or legal theories of an attorney or other
representative of a party concerning the litigation. Without the
required showing a party may obtain a copy of a statement
concerning the action or its subject matter previously made by that
party. On request without the required showing a person not a
party may obtain a copy of a statement concerning the action or its
subject matter previously made by that person. If the request is
refused, the person may move for an order to obtain a copy. The
provisions of rule 1.380(a)(4) apply to the award of expenses
incurred as a result of making the motion. For purposes of this
paragraph, a statement previously made is a written statement
signed or otherwise adopted or approved by the person making it, or
a stenographic, mechanical, electrical, or other recording or
transcription of it that is a substantially verbatim recital of an oral
statement by the person making it and contemporaneously
recorded.
(5) Trial Preparation; Experts. Discovery of facts known
and opinions held by experts, otherwise discoverable under the
provisions of subdivision (c)(1) and acquired or developed in
anticipation of litigation or for trial, may be obtained only as
follows:
(A) (i) By interrogatories a party may require
any other party to identify each person whom the other party
expects to call as an expert witness at trial and to state the subject
matter on which the expert is expected to testify, and to state the
substance of the facts and opinions to which the expert is expected
to testify and a summary of the grounds for each opinion.
(ii) Any person disclosed by interrogatories
or otherwise as a person expected to be called as an expert witness
at trial may be deposed in accordance with rule 1.390 without
motion or order of court.
(iii) A party may obtain the following
discovery regarding any person disclosed by interrogatories or
otherwise as a person expected to be called as an expert witness at
trial:
1. The scope of employment in the
pending case and the compensation for such service.
2. The expert’s general litigation
experience, including the percentage of work performed for plaintiffs
and defendants.
3. The identity of other cases, within a
reasonable time period, in which the expert has testified by
deposition or at trial.
4. An approximation of the portion of
the expert’s involvement as an expert witness, which may be based
on the number of hours, percentage of hours, or percentage of
earned income derived from serving as an expert witness; however,
the expert will not be required to disclose the expert’s earnings as
an expert witness or income derived from other services.
An expert may be required to produce financial and business
records only under the most unusual or compelling circumstances
and may not be compelled to compile or produce nonexistent
documents. On motion, the court may order further discovery by
other means, subject to such restrictions as to scope and other
provisions under subdivision (c)(5)(C) concerning fees and expenses
as the court may deem appropriate.
(B) A party may discover facts known or opinions
held by an expert who has been retained or specially employed by
another party in anticipation of litigation or preparation for trial and
who is not expected to be called as a witness at trial, only as
provided in rule 1.360(b) or upon a showing of exceptional
circumstances under which it is impracticable for the party seeking
discovery to obtain facts or opinions on the same subject by other
means.
(C) Unless manifest injustice would result, the
court will require that the party seeking discovery pay the expert a
reasonable fee for time spent in responding to discovery under
subdivisions (c)(5)(A) and (c)(5)(B); and concerning discovery from
an expert obtained under subdivision (c)(5)(A) the court may
require, and concerning discovery obtained under subdivision
(c)(5)(B) will require, the party seeking discovery to pay the other
party a fair part of the fees and expenses reasonably incurred by
the latter party in obtaining facts and opinions from the expert.
(D) As used in these rules an expert witness is
defined in rule 1.390(a).
(6) Claims of Privilege or Protection of Trial Preparation
Materials. When a party withholds information otherwise
discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party must
make the claim expressly and must describe the nature of the
documents, communications, or things not produced or disclosed in
a manner that, without revealing information itself privileged or
protected, will enable other parties to assess the applicability of the
privilege or protection.
(d) Protective Orders. On motion by a party or by the
person from whom discovery is sought, and for good cause shown,
the court in which the action is pending may make any order to
protect a party or person from annoyance, embarrassment,
oppression, or undue burden or expense that justice requires,
including 1 or more of the following:
(1) that the discovery not be had;
(2) that the discovery may be had only on specified
terms and conditions, including a designation of the time or place
or the allocation of expenses;
(3) that the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;
(4) that certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;
(5) that discovery be conducted with no one present
except persons designated by the court;
(6) that a deposition after being sealed be opened only
by order of the court;
(7) that a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only in a designated way; and
(8) that the parties simultaneously file specified
documents or information enclosed in sealed envelopes to be
opened as directed by the court.
If the motion for a protective order is denied in whole or in part, the
court may, on such terms and conditions as are just, order that any
party or person provide or permit discovery. The provisions of rule
1.380(a)(4) apply to the award of expenses incurred in relation to
the motion.
(e) Limitations on Discovery of Electronically Stored
Information.
(1) A person may object to discovery of electronically
stored information from sources that the person identifies as not
reasonably accessible because of burden or cost. On motion to
compel discovery or for a protective order, the person from whom
discovery is sought must show that the information sought or the
format requested is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order the discovery from such sources or in such formats if the
requesting party shows good cause. The court may specify
conditions of the discovery, including ordering that some or all of
the expenses incurred by the person from whom discovery is sought
be paid by the party seeking the discovery.
(2) In determining any motion involving discovery of
electronically stored information, the court must limit the frequency
or extent of discovery otherwise allowed by these rules if it
determines that:
(A) the discovery sought is unreasonably
cumulative or duplicative, or can be obtained from another source
or in another manner that is more convenient, less burdensome, or
less expensive; or
(B) the burden or expense of the discovery
outweighs its likely benefit, considering the needs of the case, the
amount in controversy, the parties’ resources, the importance of the
issues at stake in the action, and the importance of the discovery in
resolving the issues.
(f) Timing and Sequence of Discovery.
(1) Timing. A party may not seek discovery from any
source before that party’s initial disclosures are served on the other
party, except when authorized by stipulation or by court order.
(2) Sequence. Except as provided in subdivision (c)(5),
or unless the parties stipulate or the court orders otherwise,
methods of discovery may be used in any sequence, and the fact
that a party is conducting discovery, whether by deposition or
otherwise, must not delay any other party’s discovery.
(g) Supplementing of Responses. A party who has made a
disclosure under this rule or who has responded to an
interrogatory, a request for production, or a request for admission
must supplement or correct its disclosure or response:
(1) in a timely manner if the party learns that in some
material respect the disclosure or response is incomplete or
incorrect, and if the additional or corrective information has not
otherwise been made known to the other parties during the
discovery process or in writing; or
(2) as ordered by the court.
(h) Court Filing of Documents and Discovery. Information
obtained during discovery may not be filed with the court until such
time as it is filed for good cause. The requirement of good cause is
satisfied only when the filing of the information is allowed or
required by another applicable rule of procedure or by court order.
All filings of discovery documents must comply with Florida Rule of
General Practice and Judicial Administration 2.425. The court has
the authority to impose sanctions for violation of this rule.
(i) Apex Doctrine. A current or former high-level
government or corporate officer may seek an order preventing the
officer from being subject to a deposition. The motion, whether by a
party or by the person of whom the deposition is sought, must be
accompanied by an affidavit or declaration of the officer explaining
that the officer lacks unique, personal knowledge of the issues
being litigated. If the officer meets this burden of production, the
court shall issue an order preventing the deposition, unless the
party seeking the deposition demonstrates that it has exhausted
other discovery, that such discovery is inadequate, and that the
officer has unique, personal knowledge of discoverable information.
The court may vacate or modify the order if, after additional
discovery, the party seeking the deposition can meet its burden of
persuasion under this rule. The burden to persuade the court that
the officer is high-level for purposes of this rule lies with the person
or party opposing the deposition.
(j) Form of Responses to Written Discovery Requests.
When responding to requests for production served under rule
1.310(b)(5), written deposition questions served under rule 1.320,
interrogatories served under rule 1.340, requests for production or
inspection served under rule 1.350, requests for production of
documents or things without deposition served under rule 1.351,
requests for admissions served under rule 1.370, or requests for the
production of documentary evidence served under rule 1.410(c), the
responding party must state each deposition question,
interrogatory, or discovery request in full as numbered, followed by
the answer, objection, or other response.
(k) Signing Disclosures and Discovery Requests;
Responses; and Objections. Every initial discovery disclosure
under subdivision (a) of this rule and every discovery request,
response, or objection made by a party represented by an attorney
must be signed by at least 1 attorney of record and must include
the attorney’s address, e-mail address, and telephone number. A
self-represented litigant must sign the request, response, or
objection and must include the self-represented litigant’s address,
e-mail address, and telephone number. By signing, an attorney or
self-represented litigant certifies that to the best of the person’s
knowledge, information, and belief formed after a reasonable
inquiry:
(1) with respect to a disclosure, it is complete and
correct as of the time it is made; and
(2) with respect to a discovery request, response, or
objection, it is:
(A) consistent with these rules and warranted by
existing law or a good faith argument for the extension,
modification, or reversal of existing law;
(B) not interposed for any improper purpose, such
as to harass or to cause unnecessary delay or needless increase in
the cost of litigation; and
(C) not unreasonable or unduly burdensome or
expensive, given the needs of the case, the discovery already had in
the case, the amount in controversy, and the importance of the
issues at stake in the litigation.
No party has a duty to act on an unsigned disclosure, request,
response, or objection until it is signed. If a certification violates
this rule without substantial justification, the court, on motion or
on its own, must impose an appropriate sanction on the signer, the
party on whose behalf the signer was acting, or both. The sanction
may include an order to pay the reasonable expenses, including
attorney’s fees, caused by the violation.
Committee Notes
1972 Amendment. The rule is derived from Federal Rule of
Civil Procedure 26 as amended in 1970. Subdivisions (a), (b)(2), and
(b)(3) are new. Subdivision (c) contains material from former rule
1.310(b). Subdivisions (d) and (e) are new, but the latter is similar
to former rule 1.340(d). Significant changes are made in discovery
from experts. The general rearrangement of the discovery rule is
more logical and is the result of 35 years of experience under the
federal rules.
1988 Amendment. Subdivision (b)(2) has been added to
enable discovery of the existence and contents of indemnity
agreements and is the result of the enactment of sections 627.7262
and 627.7264, Florida Statutes, proscribing the joinder of insurers
but providing for disclosure. This rule is derived from Federal Rule
of Civil Procedure 26(b)(2). Subdivisions (b)(2) and (b)(3) have been
redesignated as (b)(3) and (b)(4) respectively.
The purpose of the amendment to subdivision (b)(3)(A)
(renumbered (b)(4)(A)) is to allow, without leave of court, the
depositions of experts who have been disclosed as expected to be
used at trial. The purpose of subdivision (b)(4)(D) is to define the
term “expert” as used in these rules.
1996 Amendment. The amendments to subdivision (b)(4)(A)
are derived from the Supreme Court’s decision in Elkins v. Syken,
672 So. 2d 517 (Fla. 1996). They are intended to avoid annoyance,
embarrassment, and undue expense while still permitting the
adverse party to obtain relevant information regarding the potential
bias or interest of the expert witness.
Subdivision (b)(5) is added and is derived from Federal Rule of
Civil Procedure 26(b)(5) (1993).
2011 Amendment. Subdivision (f) is added to ensure that
information obtained during discovery is not filed with the court
unless there is good cause for the documents to be filed, and that
information obtained during discovery that includes certain private
information shall not be filed with the court unless the private
information is redacted as required by Florida Rule of Judicial
Administration 2.425.
2012 Amendment. Subdivisions (b)(3) and (d) are added to
address discovery of electronically stored information.
The parties should consider conferring with one another at the
earliest practical opportunity to discuss the reasonable scope of
preservation and production of electronically stored information.
These issues may also be addressed by means of a rule 1.200 or
rule 1.201 case management conference.
Under the good cause test in subdivision (d)(1), the court
should balance the costs and burden of the requested discovery,
including the potential for disruption of operations or corruption of
the electronic devices or systems from which discovery is sought,
against the relevance of the information and the requesting party’s
need for that information. Under the proportionality and
reasonableness factors set out in subdivision (d)(2), the court must
limit the frequency or extent of discovery if it determines that the
discovery sought is excessive in relation to the factors listed.
In evaluating the good cause or proportionality tests, the court
may find its task complicated if the parties know little about what
information the sources at issue contain, whether the information
sought is relevant, or how valuable it may be to the litigation. If
appropriate, the court may direct the parties to develop the record
further by engaging in focused discovery, including sampling of the
sources, to learn more about what electronically stored information
may be contained in those sources, what costs and burdens are
involved in retrieving, reviewing, and producing the information,
and how valuable the information sought may be to the litigation in
light of the availability of information from other sources or
methods of discovery, and in light of the parties’ resources and the
issues at stake in the litigation.
Court Commentary
2000 Amendment. Allstate Insurance Co. v. Boecher, 733 So.
2d 993, 999 (Fla. 1999), clarifies that subdivision (b)(4)(A)(iii) is not
intended “to place a blanket bar on discovery from parties about
information they have in their possession about an expert,
including the party’s financial relationship with the expert.”
2024 Amendment. The scope of discovery in subdivision (c)(1)
is amended to adopt almost all the text of Federal Rule of Civil
Procedure 26(b)(1) and is to be construed and applied in accordance
with the federal proportionality standard.
RULE 1.285 cases. INADVERTENT DISCLOSURE OF PRIVILEGED
MATERIALS
(a) Assertion of Privilege as to Inadvertently Disclosed
Materials. Any party, person, or entity, after inadvertent disclosure
of any materials pursuant to these rules, may thereafter assert any
privilege recognized by law as to those materials. This right exists
without regard to whether the disclosure was made pursuant to
formal demand or informal request. In order to assert the privilege,
the party, person, or entity, shall, within 10 days of actually
discovering the inadvertent disclosure, serve written notice of the
assertion of privilege on the party to whom the materials were
disclosed. The notice shall specify with particularity the materials
as to which the privilege is asserted, the nature of the privilege
asserted, and the date on which the inadvertent disclosure was
actually discovered.
(b) Duty of the Party Receiving Notice of an Assertion of
Privilege. A party receiving notice of an assertion of privilege under
subdivision (a) shall promptly return, sequester, or destroy the
materials specified in the notice, as well as any copies of the
material. The party receiving the notice shall also promptly notify
any other party, person, or entity to whom it has disclosed the
materials of the fact that the notice has been served and of the
effect of this rule. That party shall also take reasonable steps to
retrieve the materials disclosed. Nothing herein affects any
obligation pursuant to R. Regulating Fla. Bar 4-4.4(b).
(c) Right to Challenge Assertion of Privilege. Any party
receiving a notice made under subdivision (a) has the right to
challenge the assertion of privilege. The grounds for the challenge
may include, but are not limited to, the following:
(1) The materials in question are not privileged.
(2) The disclosing party, person, or entity lacks
standing to assert the privilege.
(3) The disclosing party, person, or entity has failed to
serve timely notice under this rule.
(4) The circumstances surrounding the production or
disclosure of the materials warrant a finding that the disclosing
party, person, or entity has waived its assertion that the material is
protected by a privilege.
Any party seeking to challenge the assertion of privilege shall do so
by serving notice of its challenge on the party, person, or entity
asserting the privilege. Notice of the challenge shall be served within
20 days of service of the original notice given by the disclosing
party, person, or entity. The notice of the recipient’s challenge shall
specify the grounds for the challenge. Failure to serve timely notice
of challenge is a waiver of the right to challenge.
(d) Effect of Determination that Privilege Applies. When
an order is entered determining that materials are privileged or that
the right to challenge the privilege has been waived, the court shall
direct what shall be done with the materials and any copies so as to
preserve all rights of appellate review. The recipient of the materials
shall also give prompt notice of the court’s determination to any
other party, person, or entity to whom it had disclosed the
materials.
RULE 1.290 cases. DEPOSITIONS BEFORE ACTION OR PENDING
APPEAL
(a) Before Action.
(1) Petition. A person who desires to perpetuate that
person’s own testimony or that of another person regarding any
matter that may be cognizable in any court of this state may file a
verified petition in the circuit court in the county of the residence of
any expected adverse party. The petition shall be entitled in the
name of the petitioner and shall show: (1) that the petitioner
expects to be a party to an action cognizable in a court of Florida,
but is presently unable to bring it or cause it to be brought, (2) the
subject matter of the expected action and the petitioner’s interest
therein, (3) the facts which the petitioner desires to establish by the
proposed testimony and the petitioner’s reasons for desiring to
perpetuate it, (4) the names or a description of the persons the
petitioner expects will be adverse parties and their addresses so far
as known, and (5) the names and addresses of the persons to be
examined and the substance of the testimony which the petitioner
expects to elicit from each; and shall ask for an order authorizing
the petitioner to take the deposition of the persons to be examined
named in the petition for the purpose of perpetuating their
testimony.
(2) Notice and Service. The petitioner shall thereafter
serve a notice upon each person named in the petition as an
expected adverse party, together with a copy of the petition, stating
that the petitioner will apply to the court at a time and place named
therein for an order described in the petition. At least 20 days
before the date of hearing the notice shall be served either within or
without the county in the manner provided by law for service of
summons, but if such service cannot with due diligence be made
upon any expected adverse party named in the petition, the court
may make an order for service by publication or otherwise, and
shall appoint an attorney for persons not served in the manner
provided by law for service of summons who shall represent them,
and if they are not otherwise represented, shall cross-examine the
deponent.
(3) Order and Examination. If the court is satisfied that
the perpetuation of the testimony may prevent a failure or delay of
justice, it shall make an order designating or describing the persons
whose depositions may be taken and specifying the subject matter
of the examination and whether the deposition shall be taken upon
oral examination or written interrogatories. The deposition may
then be taken in accordance with these rules and the court may
make orders in accordance with the requirements of these rules.
For the purpose of applying these rules to depositions for
perpetuating testimony, each reference therein to the court in which
the action is pending shall be deemed to refer to the court in which
the petition for such deposition was filed.
(4) Use of Deposition. A deposition taken under this
rule may be used in any action involving the same subject matter
subsequently brought in any court in accordance with rule 1.330.
(b) Pending Appeal. If an appeal has been taken from a
judgment of any court or before the taking of an appeal if the time
therefor has not expired, the court in which the judgment was
rendered may allow the taking of the depositions of witnesses to
perpetuate their testimony for use in the event of further
proceedings in the court. In such case the party who desires to
perpetuate the testimony may make a motion for leave to take the
deposition upon the same notice and service as if the action was
pending in the court. The motion shall show (1) the names and
addresses of persons to be examined and the substance of the
testimony which the movant expects to elicit from each, and (2) the
reason for perpetuating their testimony. If the court finds that the
perpetuation of the testimony is proper to avoid a failure or delay in
justice, it may make an order allowing the deposition to be taken
and may make orders of the character provided for by these rules,
and thereupon the deposition may be taken and used in the same
manner and under the same conditions as are prescribed in these
rules for depositions taken in actions pending in the court.
(c) Perpetuation by Action. This rule does not limit the
power of a court to entertain an action to perpetuate testimony.
Committee Notes
1980 Amendment. Subdivision (d) is repealed because
depositions de bene esse are obsolete. Rules 1.280 and 1.310 with
the remainder of this rule cover all needed deposition
circumstances and do so better. Subdivision (d) was taken from
former chapter 63, Florida Statutes, and is not a complete
procedure without reference to the parts of the statute not carried
forward in the rule.
RULE 1.300 cases. PERSONS BEFORE WHOM DEPOSITIONS MAY
BE TAKEN
(a) Persons Authorized. Depositions may be taken before
any notary public or judicial officer or before any officer authorized
by the statutes of Florida to take acknowledgments or proof of
executions of deeds or by any person appointed by the court in
which the action is pending.
(b) In Foreign Countries. In a foreign country depositions
may be taken (1) on notice before a person authorized to administer
oaths in the place in which the examination is held, either by the
law thereof or by the law of Florida or of the United States, (2)
before a person commissioned by the court, and a person so
commissioned shall have the power by virtue of the commission to
administer any necessary oath and take testimony, or (3) pursuant
to a letter rogatory. A commission or a letter rogatory shall be
issued on application and notice and on terms that are just and
appropriate. It is not requisite to the issuance of a commission or a
letter rogatory that the taking of the deposition in any other manner
is impracticable or inconvenient, and both a commission and a
letter rogatory may be issued in proper cases. A notice or
commission may designate the person before whom the deposition
is to be taken either by name or descriptive title. A letter rogatory
may be addressed “To the Appropriate Authority in .....(name of
country)......” Evidence obtained in response to a letter rogatory
need not be excluded merely for the reason that it is not a verbatim
transcript or that the testimony was not taken under oath or any
similar departure from the requirements for depositions taken
within Florida under these rules.
(c) Selection by Stipulation. If the parties so stipulate in
writing, depositions may be taken before any person at any time or
place upon any notice and in any manner and when so taken may
be used like other depositions.
(d) Persons Disqualified. Unless so stipulated by the
parties, no deposition shall be taken before a person who is a
relative, employee, attorney, or counsel of any of the parties, is a
relative or employee of any of the parties’ attorney or counsel, or is
financially interested in the action.
RULE 1.310 cases. DEPOSITIONS ON ORAL EXAMINATION
(a) When Depositions May Be Taken. After commencement
of the action any party may take the testimony of any person,
including a party, by deposition on oral examination. Leave of court,
granted with or without notice, must be obtained only if the plaintiff
seeks to take a deposition within 30 days after service of the
process and initial pleading on any defendant, except that leave is
not required:
(1) if a defendant has served a notice of taking
deposition or otherwise sought discovery; or
(2) if special notice is given as provided in subdivision
(b)(2) of this rule.
The attendance of witnesses may be compelled by subpoena as
provided in rule 1.410. The deposition of a person confined in
prison may be taken only by leave of court on terms set by the
court.
(b) Notice; Method of Taking; Production at Deposition.
(1) A party desiring to take the deposition of any person
on oral examination must give reasonable notice in writing to every
other party to the action. The notice must state the time and place
for taking the deposition and the name and address of each person
to be examined, if known, and, if the name is not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs. If a subpoena duces tecum is
to be served on the person to be examined, the designation of the
materials to be produced under the subpoena must be attached to
or included in the notice.
(2) Leave of court is not required for the taking of a
deposition by plaintiff if the notice states that the person to be
examined is about to go out of the state and will be unavailable for
examination unless a deposition is taken before expiration of the
30-day period under subdivision (a). If a party shows that when
served with notice under this subdivision that party was unable
through the exercise of diligence to obtain counsel to represent the
party at the taking of the deposition, the deposition may not be
used against that party.
(3) For cause shown the court may enlarge or shorten
the time for taking the deposition.
(4) Any deposition may be audiovisually recorded
without leave of the court or stipulation of the parties, provided the
deposition is taken in accordance with this subdivision.
(A) Notice. In addition to the requirements in
subdivision (b)(1), a party intending to audiovisually record a
deposition must:
i. state that the deposition is to
audiovisually recorded in the title of the notice; and
ii. identify the method for audiovisually
recording the deposition and, if applicable, provide the name and
address of the operator of the audiovisual recording equipment in
the body of the notice.
(B) Stenographer. Audiovisually recorded
depositions must also be recorded stenographically, unless all
parties agree otherwise.
(C) Procedure. At the beginning of the deposition,
the officer before whom it is taken must, on camera:
(i) identify the style of the action;
(ii) state the date; and
(iii) put the witness under oath as provided in
subdivision (c)(1).
(D) Responsibility for Recordings and Copies. The
attorney for the party or the pro se party requesting the audiovisual
recording of the deposition is responsible for safeguarding the
recording, must permit the viewing of it by the opposing party, and,
if requested, must provide access to a copy of the recording at the
expense of the party requesting the copy.
(E) Cost of Audiovisually Recorded Depositions.
The party requesting the audiovisual recording must bear the initial
cost of the recording.
(5) The notice to a party deponent may be accompanied
by a request made in compliance with rule 1.350 for the production
of documents and tangible things at the taking of the deposition.
The procedure of rule 1.350 applies to the request. Rule 1.351
provides the exclusive procedure for obtaining documents or things
by subpoena from nonparties without deposing the custodian or
other person in possession of the documents.
(6) In the notice a party may name as the deponent a
public or private corporation, a partnership or association, or a
governmental agency, or other entity, and designate with
reasonable particularity the matters on which examination is
requested. The organization so named must designate 1 or more
officers, directors, or managing agents, or other persons who
consent to do so, to testify on its behalf and may state the matters
on which each person designated will testify. The persons so
designated must testify about matters known or reasonably
available to the organization. This subdivision does not prohibit
taking a deposition by any other procedure authorized in these
rules.
(7) A deposition may be taken by communication
technology, as that term is defined in Florida Rule of General
Practice and Judicial Administration 2.530, if stipulated by the
parties or if ordered by the court on its own motion or on motion of
a party. The order may direct the method by which the deposition
will be taken. In addition to the requirements of subdivision (b)(1), a
party intending to take a deposition by communication technology
must:
(A) state that the deposition is to be taken using
communication technology in the title of the notice; and
(B) identify the specific form of communication
technology to be used and provide instructions for access to the
communication technology in the body of the notice.
(8) Any minor subpoenaed for testimony has the right
to be accompanied by a parent or guardian at all times during the
taking of testimony notwithstanding the invocation of the rule of
sequestration of section 90.616, Florida Statutes, except on a
showing that the presence of a parent or guardian is likely to have a
material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian
are in actual or potential conflict with the interests of the minor.
(c) Examination and Cross-Examination; Record of
Examination; Oath; Objections; Transcription.
(1) Examination and cross-examination of witnesses
may proceed as permitted at the trial. The officer before whom the
deposition is to be taken must put the witness under oath and
must personally, or by someone acting under the officer’s direction
and in the officer’s presence, record the testimony of the witness,
except that when a deposition is being taken by communication
technology under subdivision (b)(7), the witness must be put under
oath as provided in Florida Rule of General Practice and Judicial
Administration 2.530(b)(2)(B). The testimony must be taken
stenographically or audiovisually recorded under subdivision (b)(4).
All objections made at the time of the examination to the
qualifications of the officer taking the deposition, the manner of
taking it, the evidence presented, or the conduct of any party, and
any other objection to the proceedings must be noted by the officer
on the deposition. Any objection during a deposition must be stated
concisely and in a nonargumentative and nonsuggestive manner. A
party may instruct a deponent not to answer only when necessary
to preserve a privilege, to enforce a limitation on evidence directed
by the court, or to present a motion under subdivision (d).
Otherwise, evidence objected to must be taken subject to the
objections. Instead of participating in the oral examination, parties
may serve written questions in a sealed envelope on the party
taking the deposition and that party must transmit them to the
officer, who must propound them to the witness and record the
answers verbatim.
(2) If requested by a party, the testimony must be
transcribed at the initial cost of the requesting party and prompt
notice of the request must be given to all other parties. A party who
intends to use an audio or audiovisual recording of testimony at a
hearing or trial must have the testimony transcribed and must file a
copy of the transcript with the court.
(d) Motion to Terminate or Limit Examination. At any
time during the taking of the deposition, on motion of a party or of
the deponent and on a showing that the examination is being
conducted in bad faith or in any manner as unreasonably to annoy,
embarrass, or oppress the deponent or party, or that objection and
instruction to a deponent not to answer are being made in violation
of rule 1.310(c), the court in which the action is pending or the
circuit court where the deposition is being taken may order the
officer conducting the examination to cease immediately from
taking the deposition or may limit the scope and manner of the
taking of the deposition under rule 1.280(d). If the order terminates
the examination, it will be resumed thereafter only on the order of
the court in which the action is pending. On demand of any party or
the deponent, the taking of the deposition must be suspended for
the time necessary to make a motion for an order. Rule 1.380(a)
applies to the award of expenses incurred in relation to the motion.
(e) Witness Review. If the testimony is transcribed, the
transcript must be provided to the witness for examination and
must be read to or by the witness unless the examination and
reading are waived by the witness and by the parties. Any changes
in form or substance that the witness wants to make must be listed
in writing by the officer with a statement of the reasons given by the
witness for making the changes. The changes must be attached to
the transcript. It must then be signed by the witness unless the
parties waived the signing or the witness is ill, cannot be found, or
refuses to sign. If the transcript is not signed by the witness within
a reasonable time after it is provided to the witness, the officer must
sign the transcript and state on the transcript the waiver, illness,
absence of the witness, or refusal to sign with any reasons given
therefor. The deposition may then be used as fully as though signed
unless the court holds that the reasons given for the refusal to sign
require rejection of the deposition wholly or partly, on motion under
rule 1.330(d)(4).
(f) Filing; Exhibits.
(1) If the deposition is transcribed, the officer must
certify on each copy of the deposition that the witness was duly
sworn by the officer and that the deposition is a true record of the
testimony given by the witness. Documents and things produced for
inspection during the examination of the witness must be marked
for identification and annexed to and returned with the deposition
on the request of a party, and may be inspected and copied by any
party, except that the person producing the materials may
substitute copies to be marked for identification if that person
affords to all parties fair opportunity to verify the copies by
comparison with the originals. If the person producing the materials
requests their return, the officer must mark them, give each party
an opportunity to inspect and copy them, and return them to the
person producing them and the materials may then be used in the
same manner as if annexed to and returned with the deposition.
(2) After payment of reasonable charges, the officer
must provide a copy of the deposition to any party or to the
deponent.
(3) A copy of a deposition may be filed only under the
following circumstances:
(A) It may be filed in compliance with Florida Rule
of General Practice and Judicial Administration 2.425 and rule
1.280 by a party or the witness when the contents of the deposition
must be considered by the court on any matter pending before the
court. Prompt notice of the filing of the deposition must be given to
all parties unless notice is waived. A party filing the deposition
must provide a copy of the deposition or the part being filed to other
parties unless the party already has a copy.
(B) If the court determines that a deposition
previously taken is necessary for the decision of a matter pending
before the court, the court may order that a copy be filed by any
party at the initial cost of the party, and the filing party must
comply with rules 2.425 and 1.280.
(C) Deposition transcripts filed with the court
must be filed in full-page format, unless condensed transcripts are
authorized by the court.
(g) Obtaining Copies. A party or witness who does not have
a copy of the deposition may obtain it from the officer taking the
deposition unless the court orders otherwise. If the deposition is
obtained from a person other than the officer, the reasonable cost of
reproducing the copies must be paid to the person by the
requesting party or witness.
(h) Failure to Attend or to Serve Subpoena; Expenses.
(1) If the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and another party
attends in person or by attorney under the notice, the court may
order the party giving the notice to pay to the other party the
reasonable expenses incurred by the other party and the other
party’s attorney in attending, including reasonable attorneys’ fees.
(2) If the party giving the notice of the taking of a
deposition of a witness fails to serve a subpoena on the witness and
the witness because of the failure does not attend and if another
party attends in person or by attorney because that other party
expects the deposition of that witness to be taken, the court may
order the party giving the notice to pay to the other party the
reasonable expenses incurred by that other party and that other
party’s attorney in attending, including reasonable attorneys’ fees.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 30 as amended in 1970. Subdivision (a) is derived from
rule 1.280(a); subdivision (b) from rule 1.310(a) with additional
matter added; the first sentence of subdivision (c) has been added
and clarifying language added throughout the remainder of the rule.
1976 Amendment. Subdivision (b)(4) has been amended to
allow the taking of a videotaped deposition as a matter of right.
Provisions for the taxation of costs and the entry of a standard
order are included as well. This new amendment allows the
contemporaneous stenographic transcription of a videotaped
deposition.
1988 Amendment. The amendments to subdivision (b)(4) are
to provide for depositions by videotape as a matter of right.
The notice provision is to ensure that specific notice is given
that the deposition will be videotaped and to disclose the identity of
the operator. It was decided not to make special provision for a
number of days’ notice.
The requirement that a stenographer be present (who is also
the person likely to be swearing the deponent) is to ensure the
availability of a transcript (although not required). The transcript
would be a tool to ensure the accuracy of the videotape and thus
eliminate the need to establish other procedures aimed at the same
objective (like time clocks in the picture and the like). This does not
mean that a transcript must be made. As at ordinary depositions,
this would be up to the litigants.
Technical videotaping procedures were not included. It is
anticipated that technical problems may be addressed by the court
on motions to quash or motions for protective orders.
Subdivision (c) has been amended to accommodate the taking
of depositions by telephone. The amendment requires the deponent
to be sworn by a person authorized to administer oaths in the
deponent’s location and who is present with the deponent.
1992 Amendment. Subdivision (b)(4)(D) is amended to clarify
an ambiguity in whether the cost of the videotape copy is to be
borne by the party requesting the videotaping or by the party
requesting the copy. The amendment requires the party requesting
the copy to bear the cost of the copy.
1996 Amendment. Subdivision (c) is amended to state the
existing law, which authorizes attorneys to instruct deponents not
to answer questions only in specific situations. This amendment is
derived from Federal Rule of Civil Procedure 30(d) as amended in
1993.
2010 Amendment. Subdivision (b)(5) is amended to clarify
that the procedure set forth in rule 1.351 must be followed when
requesting or receiving documents or things without testimony,
from nonparties pursuant to a subpoena. The amendment is
intended to prevent the use of rules 1.310 and 1.410 to request
documents from nonparties pursuant to a subpoena without giving
the opposing party the opportunity to object to the subpoena before
it is served on the nonparty as required by rule 1.351.
2011 Amendment. A reference to Florida Rule of Judicial
Administration 2.425 and rule 1.280(f) is added to require persons
filing discovery materials with the court to make sure that good
cause exists prior to filing discovery materials and that certain
specific personal information is redacted.
2024 Amendment. Subdivision (b)(6) is amended, see Fed. R.
Civ. P. 30(b)(6), Committee Notes on 2007 Amendment. Subdivision
(f)(3)(C) is added to align the civil rules with the Florida Rules of
Appellate Procedure, which require filing of full-page format
transcripts, including depositions, in all appellate courts. This rule
does not prevent the use of condensed transcripts for other
purposes.
Court Commentary
1984 Amendment. Subdivision (b)(7) is added to authorize
deposition by telephone, with provision for any party to have a
stenographic transcription at that party’s own initial expense.
Subdivision (d) is changed to permit any party to terminate the
deposition, not just the objecting party.
Subdivision (e) is changed to eliminate the confusing
requirement that a transcript be submitted to the witness. The term
has been construed as requiring the court reporter to travel, if
necessary, to the witness, and creates a problem when a witness is
deposed in Florida and thereafter leaves the state before signing.
The change is intended to permit the parties and the court reporter
to handle such situations on an ad hoc basis as is most
appropriate.
Subdivision (f) is the committee’s action in response to the
petition seeking amendment to rule 1.310(f) filed in the Supreme
Court Case No. 62,699. Subdivision (f) is changed to clarify the
need for furnishing copies when a deposition, or part of it, is
properly filed, to authorize the court to require a deposition to be
both transcribed and filed, and to specify that a party who does not
obtain a copy of the deposition may get it from the court reporter
unless ordered otherwise by the court. This eliminates the present
requirement of furnishing a copy of the deposition, or material part
of it, to a person who already has a copy in subdivision (f)(3)(A).
Subdivision (f)(3)(B) broadens the authority of the court to
require the filing of a deposition that has been taken, but not
transcribed.
Subdivision (g) requires a party to obtain a copy of the
deposition from the court reporter unless the court orders
otherwise. Generally, the court should not order a party who has a
copy of the deposition to furnish it to someone who has neglected to
obtain it when the deposition was transcribed. The person should
obtain it from the court reporter unless there is a good reason why
it cannot be obtained from the reporter.
RULE 1.320 cases. DEPOSITIONS UPON WRITTEN QUESTIONS
(a) Serving Questions; Notice. After commencement of the
action any party may take the testimony of any person, including a
party, by deposition upon written questions. The attendance of
witnesses may be compelled by the use of subpoena as provided in
rule 1.410. The deposition of a person confined in prison may be
taken only by leave of court on such terms as the court prescribes.
A party desiring to take a deposition upon written questions must
serve them with a notice stating (1) the name and address of the
person who is to answer them, if known, and, if the name is not
known, a general description sufficient to identify the person or the
particular class or group to which that person belongs, and (2) the
name or descriptive title and address of the officer before whom the
deposition is to be taken. A deposition upon written questions may
be taken of a public or private corporation, a partnership or
association, or a governmental agency in accordance with rule
1.310(b)(6). Within 30 days after the notice and written questions
are served, a party may serve cross questions on all other parties.
Within 10 days after being served with redirect questions, a party
may serve recross questions on all other parties. Notwithstanding
any contrary provision of rule 1.310(c), objections to the form of
written questions are waived unless served in writing on the party
propounding them within the time allowed for serving the
succeeding cross or other questions and within 10 days after
service of the last questions authorized. The court may for cause
shown enlarge or shorten the time.
(b) Officer to Take Responses and Prepare Record. A copy
of the notice and copies of all questions served must be delivered by
the party taking the depositions to the officer designated in the
notice, who must proceed promptly to take the testimony of the
witness in the manner provided by rules 1.310(c), (e), and (f) in
response to the questions and to prepare the deposition, attaching
the copy of the notice and the questions received by the officer. The
questions must not be filed separately from the deposition unless a
party seeks to have the court consider the questions before the
questions are submitted to the witness. Any deposition may be
audiovisually recorded without leave of the court or stipulation of
the parties, provided the deposition is taken in accordance with rule
1.310(b)(4).
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 31 as amended in 1970. The name of interrogatories has
been changed to questions to avoid confusion with interrogatories
to parties under rule 1.340. Language changes resulting from the
rearrangement of the discovery rules have been inserted and
subdivision (d) deleted.
RULE 1.330 cases. USE OF DEPOSITIONS IN COURT PROCEEDINGS
(a) Use of Depositions. At the trial or upon the hearing of a
motion or an interlocutory proceeding, any part or all of a
deposition may be used against any party who was present or
represented at the taking of the deposition or who had reasonable
notice of it so far as admissible under the rules of evidence applied
as though the witness were then present and testifying in
accordance with any of the following provisions:
(1) Any deposition may be used by any party for the
purpose of contradicting or impeaching the testimony of the
deponent as a witness or for any purpose permitted by the Florida
Evidence Code.
(2) The deposition of a party or of anyone who at the
time of taking the deposition was an officer, director, or managing
agent or a person designated under rule 1.310(b)(6) or 1.320(a) to
testify on behalf of a public or private corporation, a partnership or
association, or a governmental agency that is a party may be used
by an adverse party for any purpose.
(3) The deposition of a witness, whether or not a party,
may be used by any party for any purpose if the court finds: (A) that
the witness is dead; (B) that the witness is at a greater distance
than 100 miles from the place of trial or hearing, or is out of the
state, unless it appears that the absence of the witness was
procured by the party offering the deposition; (C) that the witness is
unable to attend or testify because of age, illness, infirmity, or
imprisonment; (D) that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena; (E)
upon application and notice, that such exceptional circumstances
exist as to make it desirable, in the interest of justice and with due
regard to the importance of presenting the testimony of witnesses
orally in open court, to allow the deposition to be used; or (F) the
witness is an expert or skilled witness.
(4) If only part of a deposition is offered in evidence by
a party, an adverse party may require the party to introduce any
other part that in fairness ought to be considered with the part
introduced, and any party may introduce any other parts.
(5) Substitution of parties pursuant to rule 1.260 does
not affect the right to use depositions previously taken and, when
an action in any court of the United States or of any state has been
dismissed and another action involving the same subject matter is
afterward brought between the same parties or their representatives
or successors in interest, all depositions lawfully taken and duly
filed in the former action may be used in the latter as if originally
taken for it.
(6) If a civil action is afterward brought, all depositions
lawfully taken in a medical liability mediation proceeding may be
used in the civil action as if originally taken for it.
(b) Objections to Admissibility. Subject to the provisions of
rule 1.300(b) and subdivision (d)(3) of this rule, objection may be
made at the trial or hearing to receiving in evidence any deposition
or part of it for any reason that would require the exclusion of the
evidence if the witness were then present and testifying.
(c) Effect of Taking or Using Depositions. A party does not
make a person the party’s own witness for any purpose by taking
the person’s deposition. The introduction in evidence of the
deposition or any part of it for any purpose other than that of
contradicting or impeaching the deponent makes the deponent the
witness of the party introducing the deposition, but this shall not
apply to the use by an adverse party of a deposition under
subdivision (a)(2) of this rule. At the trial or hearing any party may
rebut any relevant evidence contained in a deposition whether
introduced by that party or by any other party.
(d) Effect of Errors and Irregularities.
(1) As to Notice. All errors and irregularities in the
notice for taking a deposition are waived unless written objection is
promptly served upon the party giving the notice.
(2) As to Disqualification of Officer. Objection to taking a
deposition because of disqualification of the officer before whom it is
to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.
(3) As to Taking of Deposition.
(A) Objections to the competency of a witness or to
the competency, relevancy, or materiality of testimony are not
waived by failure to make them before or during the taking of the
deposition unless the ground of the objection is one that might have
been obviated or removed if presented at that time.
(B) Errors and irregularities occurring at the oral
examination in the manner of taking the deposition, in the form of
the questions or answers, in the oath or affirmation, or in the
conduct of parties and errors of any kind that might be obviated,
removed, or cured if promptly presented are waived unless timely
objection to them is made at the taking of the deposition.
(C) Objections to the form of written questions
submitted under rule 1.320 are waived unless served in writing
upon the party propounding them within the time allowed for
serving the succeeding cross or other questions and within 10 days
after service of the last questions authorized.
(4) As to Completion and Return. Errors and
irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, signed, certified, or otherwise dealt
with by the officer under rules 1.310 and 1.320 are waived unless a
motion to suppress the deposition or some part of it is made with
reasonable promptness after the defect is, or with due diligence
might have been, discovered.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 32 as amended in 1970. Subdivisions (a), (b), and (c) are
former rules 1.280(d), (f), and (g) respectively. Subdivision (d) is
derived from the entire former rule 1.330.
1998 Amendment. Subdivision (a)(1) was amended to clarify
that, in addition to the uses of depositions prescribed by these
rules, depositions may be used for any purpose permitted by the
Florida Evidence Code (chapter 90, Fla. Stat.). This amendment is
consistent with the 1980 amendment to Rule 32 of the Federal
Rules of Civil Procedure.
RULE 1.340 cases. INTERROGATORIES TO PARTIES
(a) Procedure for Use.
(1) Without leave of court, any party may serve on any
other party written interrogatories to be answered:
(A) by the party to whom the interrogatories are
directed; or
(B) if that party is a public corporation, private
corporation, partnership, association, or governmental agency, by
any officer or agent, who must furnish the information available to
that party.
(2) Interrogatories may be served on the plaintiff after
commencement of the action and on any other party with or after
service of the process and initial pleading on that party.
(3) The interrogatories must not exceed 30, including
all subparts, unless the court permits a larger number on motion
and notice and for good cause.
(4) If the supreme court has approved a form of
interrogatories for the type of action, the initial interrogatories on a
subject included within must be from the form approved by the
court.
(5) A party may serve fewer than all of the approved
interrogatories within a form.
(6) Other interrogatories may be added to the approved
forms without leave of court, so long as the total of approved and
additional interrogatories does not exceed 30.
(7) Each interrogatory must be answered separately
and fully in writing under oath unless it is objected to, in which
event the grounds for objection must be stated and signed by the
attorney making it.
(8) The grounds for objecting to an interrogatory must
be stated with specificity, including the reasons. Any ground not
stated in a timely objection is waived unless the court, for good
cause, excuses the failure.
(9) The party to whom the interrogatories are directed
must serve the answers and any objections within 30 days after the
service of the interrogatories, except that a defendant may serve
answers or objections within 45 days after service of the process
and initial pleading on that defendant. The court may allow a
shorter or longer time.
(10) The party submitting the interrogatories may move
for an order under rule 1.380(a) on any objection to or other failure
to answer an interrogatory.
(b) Scope; Use at Trial.
(1) Interrogatories may relate to any matters that can
be inquired into under rule 1.280(c), and the answers may be used
to the extent permitted by the rules of evidence except as otherwise
provided in subdivision (b).
(2) An interrogatory otherwise proper is not
objectionable merely because an answer to the interrogatory
involves an opinion or contention that relates to fact or calls for a
conclusion or asks for information not within the personal
knowledge of the party.
(3) A party must respond to an otherwise proper
interrogatory by giving the information the party has and the source
on which the information is based.
(4) A qualified answer may not be used as direct
evidence for or impeachment against the party giving the answer
unless the court finds it otherwise admissible under the rules of
evidence.
(5) If a party introduces an answer to an interrogatory,
any other party may require that party to introduce any other
interrogatory and answer that in fairness ought to be considered
with it.
(c) Option to Produce Records.
(1) When the answer to an interrogatory may be derived
or ascertained from the records (including electronically stored
information) of the party to whom the interrogatory is directed or
from an examination, audit, or inspection of the records or from a
compilation, abstract, or summary based on the records and the
burden of deriving or ascertaining the answer is substantially the
same for the party serving the interrogatory as for the party to
whom it is directed, then an answer to the interrogatory specifying
the records from which the answer may be derived or ascertained
and offering to give the party serving the interrogatory a reasonable
opportunity to examine, audit, or inspect the records and to make
copies, compilations, abstracts, or summaries is a sufficient
answer.
(2) An answer must be in sufficient detail to permit the
interrogating party to locate and to identify, as readily as can the
party interrogated, the records from which the answer may be
derived or ascertained, or must identify a person or persons
representing the interrogated party who will be available to assist
the interrogating party in locating and identifying the records at the
time they are produced.
(3) If the records to be produced consist of
electronically stored information, the records must be produced in a
form or forms in which they are ordinarily maintained or in a
reasonably usable form or forms.
(d) Effect on Co-Party. Answers made by a party are not
binding on a co-party.
(e) Service and Filing.
(1) Interrogatories must be served on the party to
whom the interrogatories are directed and copies must be served on
all other parties.
(2) A certificate of service of the interrogatories must be
filed, giving the date of service and the name of the party to whom
they were directed.
(3) The answers to the interrogatories must be served
on the party originally propounding the interrogatories and a copy
must be served on all other parties by the answering party.
(4) The answers to interrogatories may be filed in
compliance with Florida Rule of General Practice Judicial
Administration 2.425 and rule 1.280(h) by any party when the
court should consider the answers to interrogatories in determining
any matter pending before the court.
(5) The court may order that the answers to
interrogatories be filed at any time when the court determines that
examination of the answers to interrogatories is necessary to
determine any matter pending before the court.
Committee Notes
1972 Amendment. Subdivisions (a), (b), and (c) are derived
from Federal Rule of Civil Procedure 33 as amended in 1970.
Changes from the existing rule expand the time for answering,
permit interrogatories to be served with the initial pleading or at
any time thereafter, and eliminate the requirement of a hearing on
objections. If objections are made, the interrogating party has the
responsibility of setting a hearing if that party wants an answer. If
the interrogatories are not sufficiently important, the interrogating
party may let the matter drop. Subdivision (b) covers the same
matter as the present rule 1.340(b) except those parts that have
been transferred to rule 1.280. It also eliminates the confusion
between facts and opinions or contentions by requiring that all be
given. Subdivision (c) gives the interrogated party an option to
produce business records from which the interrogating party can
derive the answers to questions. Subdivision (d) is former
subdivision (c) without change. Former subdivision (d) is repealed
because it is covered in rule 1.280(e). Subdivision (e) is derived from
the New Jersey rules and is intended to place both the
interrogatories and the answers to them in a convenient place in
the court file so that they can be referred to with less confusion.
The requirement for filing a copy before the answers are received is
necessary in the event of a dispute concerning what was done or
the appropriate times involved.
1988 Amendment. The word “initial” in the 1984 amendment
to subdivision (a) resulted in some confusion, so it has been
deleted. Also the total number of interrogatories which may be
propounded without leave of court is enlarged to 30 from 25. Form
interrogatories which have been approved by the supreme court
must be used; and those so used, with their subparts, are included
in the total number permitted. The amendments are not intended to
change any other requirement of the rule.
2011 Amendment. A reference to Florida Rule of General
Practice and Judicial Administration 2.425 and rule 1.280(f) is
added to require persons filing discovery materials with the court to
make sure that good cause exists prior to filing discovery materials
and that certain specific personal information is redacted.
2012 Amendments. Subdivision (c) is amended to provide for
the production of electronically stored information in answer to
interrogatories and to set out a procedure for determining the form
in which to produce electronically stored information.
Court Commentary
1984 Amendment. Subdivision (a) is amended by adding the
reference to approved forms of interrogatories. The intent is to
eliminate the burden of unnecessary interrogatories.
Subdivision (c) is amended to add the requirement of detail in
identifying records when they are produced as an alternative to
answering the interrogatory or to designate the persons who will
locate the records.
Subdivision (e) is changed to eliminate the requirement of
serving an original and a copy of the interrogatories and of the
answers in light of the 1981 amendment that no longer permits
filing except in special circumstances.
Subdivision (f) is deleted since the Medical Liability Mediation
Proceedings have been eliminated.
2024 Amendment. Any use of standard interrogatories must
be adjusted for proportional discovery.
RULE 1.350 cases. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
(a) Request; Scope. Any party may request any other party:
(1) to produce and permit the party making the
request, or someone acting in the requesting party’s behalf, to
inspect and copy any designated documents, including
electronically stored information, writings, drawings, graphs,
charts, photographs, audio, visual, and audiovisual recordings, and
other data compilations from which information can be obtained,
translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form, that
constitute or contain matters within the scope of rule 1.280(c) and
that are in the possession, custody, or control of the party to whom
the request is directed;
(2) to inspect and copy, test, or sample any tangible
things that constitute or contain matters within the scope of rule
1.280(c) and that are in the possession, custody, or control of the
party to whom the request is directed; or
(3) to permit entry on designated land or other property
in the possession or control of the party on whom the request is
served for the purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation on it within the scope of rule 1.280(c).
(b) Procedure.
(1) Without leave of court the request may be served on
the plaintiff after commencement of the action and on any other
party with or after service of the process and initial pleading on that
party.
(2) The request must set forth the items to be
inspected, either by individual item or category, and describe each
item and category with reasonable particularity.
(3) The request must specify a reasonable time, place,
and manner of making the inspection or performing the related
acts. The party to whom the request is directed must serve a written
response within 30 days after service of the request, except that a
defendant may serve a response within 45 days after service of the
process and initial pleading on that defendant. The court may allow
a shorter or longer time.
(4) For each item or category the response must state
that inspection and related activities will be permitted as requested
or state with specificity the grounds for objecting to the request,
including the reasons.
(5) If an objection is made to part of an item or
category, the objection must state with specificity the grounds for
objecting, including the reasons.
(6) An objection must state whether any responsive
materials are being withheld on the basis of that objection. An
objection to part of a request must specify the part and permit
inspection of the rest.
(7) When producing documents, the producing party
must either produce them as they are kept in the usual course of
business or must identify them to correspond with the categories in
the request.
(8) A request for electronically stored information may
specify the form or forms in which electronically stored information
is to be produced. If the responding party objects to a requested
form, or if no form is specified in the request, the responding party
must state the form or forms it intends to use. If a request for
electronically stored information does not specify the form of
production, the producing party must produce the information in a
form or forms in which it is ordinarily maintained or in a reasonably
usable form or forms.
(9) The party submitting the request may move for an
order under rule 1.380 concerning any objection, failure to respond
to the request, or any part of it, or failure to permit the inspection
as requested.
(c) Persons Not Parties. This rule does not preclude an
independent action against a person not a party for production of
documents and things and permission to enter on land.
(d) Filing of Documents. Unless required by the court, a
party must not file any of the documents or things produced with
the response. Documents or things may be filed in compliance with
Florida Rule of General Practice and Judicial Administration 2.425
and rule 1.280(h) when they should be considered by the court in
determining a matter pending before the court.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 34 as amended in 1970. The new rule eliminates the
good cause requirement of the former rule, changes the time for
making the request and responding to it, and changes the
procedure for the response. If no objection to the discovery is made,
inspection is had without a court order. While the good cause
requirement has been eliminated, the change is not intended to
overrule cases limiting discovery under this rule to the scope of
ordinary discovery, nor is it intended to overrule cases limiting
unreasonable requests such as those reviewed in Van Devere v.
Holmes, 156 So. 2d 899 (Fla. 3d DCA 1963); IBM v. Elder, 187 So.
2d 82 (Fla. 3d DCA 1966); and Miami v. Florida Public Service
Commission, 226 So. 2d 217 (Fla. 1969). It is intended that the
court review each objection and weigh the need for discovery and
the likely results of it against the right of privacy of the party or
witness or custodian.
1980 Amendment. Subdivision (b) is amended to require
production of documents as they are kept in the usual course of
business or in accordance with the categories in the request.
2011 Amendment. A reference to Florida Rule of Judicial
Administration 2.425 and rule 1.280(f) is added to require persons
filing discovery materials with the court to make sure that good
cause exists prior to filing discovery materials and that certain
specific personal information is redacted.
2012 Amendment. Subdivision (a) is amended to address the
production of electronically stored information. Subdivision (b) is
amended to set out a procedure for determining the form to be used
in producing electronically stored information.
RULE 1.351 cases. PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
(a) Request; Scope. A party may seek inspection and
copying of any documents or things within the scope of rule
1.350(a) from a person who is not a party by issuance of a
subpoena directing the production of the documents or things when
the requesting party does not seek to depose the custodian or other
person in possession of the documents or things. This rule provides
the exclusive procedure for obtaining documents or things by
subpoena from nonparties without deposing the custodian or other
person in possession of the documents or things pursuant to rule
1.310.
(b) Procedure. A party desiring production under this rule
may not cause a subpoena to be issued until 10 days after notice by
delivery or e-mail service (15 days after notice by mail service) on
every other party of the intent to serve a subpoena. If the notice is
served with original process, the subpoena shall not issue earlier
than 45 days after service on the last-served party. The proposed
subpoena shall be attached to the notice and shall state the time,
place, and method for production of the documents or things, and
the name and address of the person who is to produce the
documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; shall include a designation of
the items to be produced; and shall state that the person who will
be asked to produce the documents or things has the right to object
to the production under this rule and that the person will not be
required to surrender the documents or things. A copy of the notice
and proposed subpoena shall not be furnished to the person upon
whom the subpoena is to be served. If any party serves an objection
to production under this rule within 10 days of service by delivery
or e-mail of the notice, (15 days if service by U.S. mail), or within 45
days of service of process if the notice is served with original
process, the documents or things shall not be produced pending
resolution of the objection in accordance with subdivision (d).
(c) Subpoena. If no objection is made by a party under
subdivision (b), an attorney of record in the action may issue a
subpoena or the party desiring production shall deliver to the clerk
for issuance a subpoena together with a certificate of counsel or pro
se party that no timely objection has been received from any party,
and the clerk shall issue the subpoena and deliver it to the party
desiring production. Service within the state of Florida of a
nonparty subpoena shall be deemed sufficient if it complies with
rule 1.410(d) or if (1) service is accomplished by mail or hand
delivery by a commercial delivery service, and (2) written
confirmation of delivery, with the date of service and the name and
signature of the person accepting the subpoena, is obtained and
filed by the party seeking production. The subpoena shall be
identical to the copy attached to the notice and shall specify that no
testimony may be taken and shall require only production of the
documents or things specified in it. The subpoena may give the
recipient an option to deliver or mail legible copies of the documents
or things to the party serving the subpoena. The person upon whom
the subpoena is served may condition the preparation of copies on
the payment in advance of the reasonable costs of preparing the
copies. The subpoena shall require production only in the county of
the residence of the custodian or other person in possession of the
documents or things or in the county where the documents or
things are located or where the custodian or person in possession
usually conducts business. If the person upon whom the subpoena
is served objects at any time before the production of the
documents or things, the documents or things shall not be
produced under this rule, and relief may be obtained pursuant to
rule 1.310.
(d) Ruling on Objection. If an objection is made by a party
under subdivision (b), the party desiring production may file a
motion with the court seeking a ruling on the objection or may
proceed pursuant to rule 1.310.
(e) Copies Furnished. If the subpoena is complied with by
delivery or mailing of copies as provided in subdivision (c), the party
receiving the copies shall furnish a legible copy of each item
furnished to any other party who requests it upon the payment of
the reasonable cost of preparing the copies.
(f) Independent Action. This rule does not affect the right
of any party to bring an independent action for production of
documents and things or permission to enter upon land.
Committee Notes
1980 Adoption. This rule is designed to eliminate the need of
taking a deposition of a records custodian when the person seeking
discovery wants copies of the records only. It authorizes objections
by any other party as well as the custodian of the records. If any
person objects, recourse must be had to rule 1.310.
1996 Amendment. This rule was amended to avoid
premature production of documents by nonparties, to clarify the
clerk’s role in the process, and to further clarify that any objection
to the use of this rule does not contemplate a hearing before the
court but directs the party to rule 1.310 to obtain the desired
production. This amendment is not intended to preclude all
communication between parties and nonparties. It is intended only
to prohibit a party from prematurely sending to a nonparty a copy
of the required notice or the proposed subpoena. This rule was also
amended along with rule 1.410 to allow attorneys to issue
subpoenas. See Committee Note for rule 1.410.
2007 Amendment. Subdivisions (b) and (d) were amended to
permit a party seeking nonparty discovery to have other parties’
objections resolved by the court.
2010 Amendment. Subdivision (a) is amended to clarify that
the procedure set forth in rule 1.351, not rule 1.310, shall be
followed when requesting or receiving documents or things, without
testimony, from nonparties pursuant to a subpoena.
2012 Amendment. Subdivision (b) is amended to include e-
mail service as provided in Fla. R. Jud. Admin. 2.516.
RULE 1.360 cases. EXAMINATION OF PERSONS
(a) Request; Scope.
(1) A party may request any other party to submit to, or
to produce a person in that other party’s custody or legal control
for, examination by a qualified expert when the condition that is the
subject of the requested examination is in controversy.
(A) When the physical condition of a party or other
person under subdivision (a)(1) is in controversy, the request may
be served on the plaintiff without leave of court after
commencement of the action, and on any other person with or after
service of the process and initial pleading on that party. The request
shall specify a reasonable time, place, manner, conditions, and
scope of the examination and the person or persons by whom the
examination is to be made. The party to whom the request is
directed shall serve a response within 30 days after service of the
request, except that a defendant need not serve a response until 45
days after service of the process and initial pleading on that
defendant. The court may allow a shorter or longer time. The
response shall state that the examination will be permitted as
requested unless the request is objected to, in which event the
reasons for the objection shall be stated. If the examination is to be
recorded or observed by others, the request or response shall also
include the number of people attending, their role, and the method
or methods of recording.
(B) In cases where the condition in controversy is
not physical, a party may move for an examination by a qualified
expert as in subdivision (a)(1). The order for examination shall be
made only after notice to the person to be examined and to all
parties, and shall specify the time, place, manner, conditions, and
scope of the examination and the person or persons by whom it is
to be made.
(C) Any minor required to submit to examination
pursuant to this rule shall have the right to be accompanied by a
parent or guardian at all times during the examination, except upon
a showing that the presence of a parent or guardian is likely to have
a material, negative impact on the minor’s examination.
(2) An examination under this rule is authorized only
when the party submitting the request has good cause for the
examination. At any hearing the party submitting the request shall
have the burden of showing good cause.
(3) Upon request of either the party requesting the
examination or the party or person to be examined, the court may
establish protective rules governing such examination.
(b) Report of Examiner.
(1) If requested by the party to whom a request for
examination or against whom an order is made under subdivision
(a)(1)(A) or (a)(1)(B) or by the person examined, the party requesting
the examination to be made shall deliver to the other party a copy of
a detailed written report of the examiner setting out the examiner’s
findings, including results of all tests made, diagnosis, and
conclusions, with similar reports of all earlier examinations of the
same condition. After delivery of the detailed written report, the
party requesting the examination to be made shall be entitled upon
request to receive from the party to whom the request for
examination or against whom the order is made a similar report of
any examination of the same condition previously or thereafter
made, unless in the case of a report of examination of a person not
a party the party shows the inability to obtain it. On motion, the
court may order delivery of a report on such terms as are just; and
if an examiner fails or refuses to make a report, the court may
exclude the examiner’s testimony if offered at the trial.
(2) By requesting and obtaining a report of the
examination so ordered or requested or by taking the deposition of
the examiner, the party examined waives any privilege that party
may have in that action or any other involving the same controversy
regarding the testimony of every other person who has examined or
may thereafter examine that party concerning the same condition.
(3) This subdivision applies to examinations made by
agreement of the parties unless the agreement provides otherwise.
This subdivision does not preclude discovery of a report of an
examiner or taking the deposition of the examiner in accordance
with any other rule.
(c) Examiner as Witness. The examiner may be called as a
witness by any party to the action, but shall not be identified as
appointed by the court.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 35 as amended in 1970. The good cause requirement
under this rule has been retained so that the requirements of
Schlagenhauf v. Holder, 379 U.S. 104, 85 S. Ct. 234, 13 L. Ed. 2d
152 (1964), have not been affected. Subdivision (b) is changed to
make it clear that reports can be obtained whether an order for the
examination has been entered or not and that all earlier reports of
the same condition can also be obtained.
1988 Amendment. This amendment to subdivision (a) is
intended to broaden the scope of rule 1.360 to accommodate the
examination of a person by experts other than physicians.
RULE 1.370 cases. REQUESTS FOR ADMISSION
(a) Request for Admission. A party may serve on any other
party a written request for the admission of the truth of any matters
within the scope of rule 1.280(c) set forth in the request that relate
to statements or opinions of fact or of the application of law to fact,
including the genuineness of any documents described in the
request. Copies of documents shall be served with the request
unless they have been or are otherwise furnished or made available
for inspection and copying. Without leave of court the request may
be served upon the plaintiff after commencement of the action and
upon any other party with or after service of the process and initial
pleading upon that party. The request for admission shall not
exceed 30 requests, including all subparts, unless the court permits
a larger number on motion and notice and for good cause, or the
parties propounding and responding to the requests stipulate to a
larger number. Each matter of which an admission is requested
shall be separately set forth. The matter is admitted unless the
party to whom the request is directed serves upon the party
requesting the admission a written answer or objection addressed
to the matter within 30 days after service of the request or such
shorter or longer time as the court may allow but, unless the court
shortens the time, a defendant shall not be required to serve
answers or objections before the expiration of 45 days after service
of the process and initial pleading upon the defendant. If objection
is made, the reasons shall be stated. The answer shall specifically
deny the matter or set forth in detail the reasons why the answering
party cannot truthfully admit or deny the matter. A denial shall
fairly meet the substance of the requested admission, and when
good faith requires that a party qualify an answer or deny only a
part of the matter of which an admission is requested, the party
shall specify so much of it as is true and qualify or deny the
remainder. An answering party may not give lack of information or
knowledge as a reason for failure to admit or deny unless that party
states that that party has made reasonable inquiry and that the
information known or readily obtainable by that party is insufficient
to enable that party to admit or deny. A party who considers that a
matter of which an admission has been requested presents a
genuine issue for trial may not object to the request on that ground
alone; the party may deny the matter or set forth reasons why the
party cannot admit or deny it, subject to rule 1.380(c). The party
who has requested the admissions may move to determine the
sufficiency of the answers or objections. Unless the court
determines that an objection is justified, it shall order that an
answer be served. If the court determines that an answer does not
comply with the requirements of this rule, it may order either that
the matter is admitted or that an amended answer be served.
Instead of these orders the court may determine that final
disposition of the request be made at a pretrial conference or at a
designated time before trial. The provisions of rule 1.380(a)(4) apply
to the award of expenses incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted under this
rule is conclusively established unless the court on motion permits
withdrawal or amendment of the admission. Subject to rule 1.200
governing amendment of a pretrial order, the court may permit
withdrawal or amendment when the presentation of the merits of
the action will be subserved by it and the party who obtained the
admission fails to satisfy the court that withdrawal or amendment
will prejudice that party in maintaining an action or defense on the
merits. Any admission made by a party under this rule is for the
purpose of the pending action only and is not an admission for any
other purpose nor may it be used against that party in any other
proceeding.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 36 as amended in 1970. The rule is changed to eliminate
distinctions between questions of opinion, fact, and mixed
questions. The time sequences are changed in accordance with the
other discovery rules, and case law is incorporated by providing for
amendment and withdrawal of the answers and for judicial scrutiny
to determine the sufficiency of the answers.
2003 Amendment. The total number of requests for
admission that may be served without leave of court is limited to
30, including all subparts.
RULE 1.380 cases. FAILURE TO MAKE DISCOVERY; SANCTIONS
(a) Motion for Order Compelling Discovery. On reasonable
notice to other parties and all persons affected, a party may apply
for an order compelling discovery as follows:
(1) Appropriate Court. An application for an order to a
party may be made to the court in which the action is pending or in
accordance with rule 1.310(d). An application for an order to a
deponent who is not a party must be made to the circuit court
where the deposition is being taken.
(2) Motion.
(A) If a party fails to make a disclosure required by
rule 1.280(a), any other party may move to compel disclosure and
for appropriate sanctions.
(B) The discovering party may move for an order
compelling an answer if:
(i) a deponent fails to answer a question
propounded or submitted under rule 1.310 or 1.320; or
(ii) a party fails to answer an interrogatory
submitted under rule 1.340.
(C) The discovering party may move for an order
compelling a designation if a corporation or other entity fails to
make a designation under rule 1.310(b)(6) or 1.320(a).
(D) The discovering party may move for an order
compelling an inspection if a party in response to a request for
inspection submitted under rule 1.350 fails to respond that
inspection will be permitted as requested or fails to permit
inspection as requested.
(E) The discovering party may move for an order
compelling an examination if a party:
(i) in response to a request for examination
of a person submitted under rule 1.360(a) objects to the
examination;
(ii) fails to respond that the examination will
be permitted as requested;
(iii) fails to submit to examination; or
(iv) fails to produce a person in that party’s
custody or legal control for examination
(F) A discovering party may move for an order
compelling a response if a party fails to produce documents and
things under rule 1.350(b).
(G) When taking a deposition on oral examination,
the proponent of the question may complete or adjourn the
examination before applying for an order.
(H) If the court denies the motion in whole or in
part, it may make the protective order as it would have been
empowered to make on a motion made under rule 1.280(d).
(3) Evasive or Incomplete Answer. For purposes of this
subdivision an evasive or incomplete answer is treated as a failure
to answer.
(4) Award of Expenses of Motion.
(A) If the motion is granted and after opportunity
for hearing, the court must require the party or deponent whose
conduct necessitated the motion, or the party or counsel advising
the conduct, to pay to the moving party the reasonable expenses
incurred in obtaining the order that may include attorneys’ fees,
unless the court finds that the opposition to the motion was
substantially justified or that other circumstances make an award
of expenses unjust.
(B) If the motion is denied and after opportunity
for hearing, the court must require the moving party to pay to the
party or deponent who opposed the motion the reasonable expenses
incurred in opposing the motion that may include attorneys’ fees,
unless the court finds that the making of the motion was
substantially justified or that other circumstances make an award
of expenses unjust.
(C) If the motion is granted in part and denied in
part, the court may apportion the reasonable expenses incurred as
a result of making the motion among the parties and persons.
(b) Failure to Comply with Order.
(1) If, after being ordered to do so by the court, a
deponent fails to be sworn or to answer a question or produce
documents, the failure may be considered a contempt of the court.
(2) If a party or an officer, director, or managing agent
of a party or a person designated under rule 1.310(b)(6) or 1.320(a)
to testify on behalf of a party fails to obey an order to provide or
permit discovery, including an order made under subdivision (a) of
this rule or rule 1.360, the court in which the action is pending may
make any of the following orders:
(A) An order that the matters regarding which the
questions were asked or any other designated facts will be taken to
be established for the purposes of the action in accordance with the
claim of the party obtaining the order.
(B) An order refusing to allow the disobedient
party to support or oppose designated claims or defenses, or
prohibiting that party from introducing designated matters in
evidence.
(C) An order striking out pleadings or parts of
them or staying further proceedings until the order is obeyed, or
dismissing the action or proceeding or any part of it, or rendering a
judgment by default against the disobedient party.
(D) Instead of any of the foregoing orders or in
addition to them, an order treating as a contempt of court the
failure to obey any orders except an order to submit to an
examination made under rule 1.360(a)(1)(B) or subdivision (a)(2) of
this rule.
(E) When a party has failed to comply with an
order under rule 1.360(a)(1)(B) requiring that party to produce
another for examination, the orders listed in subdivisions (b)(2)(A),
(b)(2)(B), (b)(2)(C), and (b)(2)(D) of this rule, unless the party failing
to comply shows the inability to produce the person for
examination.
(3) Instead of any of the foregoing orders or in addition
to them, the court must require the party failing to obey the order
to pay the reasonable expenses caused by the failure, which may
include attorneys’ fees, unless the court finds that the failure was
substantially justified or that other circumstances make an award
of expenses unjust.
(c) Expenses on Failure to Admit. If a party fails to admit
the genuineness of any document or the truth of any matter as
requested under rule 1.370 and if the party requesting the
admissions thereafter proves the genuineness of the document or
the truth of the matter, the requesting party may file a motion for
an order requiring the other party to pay the requesting party the
reasonable expenses incurred in making that proof, which may
include attorneys’ fees. The court must issue the order at the time a
party requesting the admissions proves the genuineness of the
document or the truth of the matter, on motion by the requesting
party, unless it finds that:
(1) the request was held objectionable under rule
1.370(a);
(2) the admission sought was of no substantial
importance; or
(3) there was other good reason for the failure to admit.
(d) Failure to Disclose or to Supplement an Earlier
Response. If a party fails to provide information or identify a
witness as required by rule 1.280(a) or (g), the party is not allowed
to use that information or witness to supply evidence on a motion,
at a hearing, or at a trial, unless the failure was substantially
justified or is harmless. In addition to or instead of this sanction,
the court, on motion and after giving an opportunity to be heard:
(1) may order payment of the reasonable expenses,
including attorneys’ fees, caused by the failure;
(2) may inform the jury of the party’s failure; and
(3) may impose other appropriate sanctions, including
any of the orders listed in rule 1.380(b)(2)(A)–(b)(2)(D).
(e) Failure of Party to Attend at Own Deposition or Serve
Answers to Interrogatories or Respond to Request for
Inspection.
(1) The court in which the action is pending may take
any action authorized under subdivisions (b)(2)(A)–(b)(2)(C) of this
rule if a party or an officer, director, or managing agent of a party or
a person designated under rule 1.310(b)(6) or 1.320(a) to testify on
behalf of a party fails:
(A) to appear before the officer who is to take the
deposition after being served with a proper notice;
(B) to serve answers or objections to
interrogatories submitted under rule 1.340 after proper service of
the interrogatories; or
(C) to serve a written response to a request for
inspection submitted under rule 1.350 after proper service of the
request.
(2) Instead of any order or in addition to it, the court
must require the party failing to act to pay the reasonable expenses
caused by the failure, which may include attorneys’ fees, unless the
court finds that the failure was substantially justified or that other
circumstances make an award of expenses unjust.
(3) The failure to act described in this subdivision may
not be excused on the ground that the discovery sought is
objectionable unless the party failing to act has applied for a
protective order as provided by rule 1.280(d).
(f) Failure to Preserve Electronically Stored Information.
If electronically stored information that should have been preserved
in the anticipation or conduct of litigation is lost because a party
failed to take reasonable steps to preserve it, and it cannot be
restored or replaced through additional discovery, the court:
(1) on finding prejudice to another party from loss of
the information, may order measures no greater than necessary to
cure the prejudice; or
(2) only on a finding that the party acted with the
intent to deprive another party of the information’s use in the
litigation may:
(A) presume that the lost information was
unfavorable to the party;
(B) instruct the jury that it may or must presume
the information was unfavorable to the party; or
(C) dismiss the action or enter a default judgment.
Committee Notes
1972 Amendment. Derived from Federal Rule of Civil
Procedure 37 as amended in 1970. Subdivision (a)(3) is new and
makes it clear that an evasive or incomplete answer is a failure to
answer under the rule. Other clarifying changes have been made
within the general scope of the rule to ensure that complete
coverage of all discovery failures is afforded.
2003 Amendment. Subdivision (c) is amended to require a
court to make a ruling on a request for reimbursement at the time
of the hearing on the requesting party’s motion for entitlement to
such relief. The court may, in its discretion, defer ruling on the
amount of the costs or fees in order to hold an evidentiary hearing
whenever convenient to the court and counsel.
2005 Amendment. Following the example of Federal Rule of
Civil Procedure 37 as amended in 1993, language is included in
subdivision (a)(2) that requires litigants to seek to resolve discovery
disputes by informal means before filing a motion with the court.
This requirement is based on successful experience with the federal
rule as well as similar local rules of state trial courts. Subdivision
(a)(4) is revised to provide that a party should not be awarded its
expenses for filing a motion that might have been avoided by
conferring with opposing counsel. Subdivision (d) is revised to
require that, where a party failed to file any response to a rule
1.340 interrogatory or a rule 1.350 request, the discovering party
should attempt to obtain such responses before filing a motion for
sanctions.
2012 Amendment. Subdivision (e) is added to make clear that
a party should not be sanctioned for the loss of electronic evidence
due to the good-faith operation of an electronic information system;
the language mirrors that of Federal Rule of Civil Procedure 37(e).
Nevertheless, the good-faith requirement contained in subdivision
(e) should prevent a party from exploiting the routine operation of
an information system to thwart discovery obligations by allowing
that operation to destroy information that party is required to
preserve or produce. In determining good faith, the court may
consider any steps taken by the party to comply with court orders,
party agreements, or requests to preserve such information.
2013 Amendment. This rule was amended to add
“substantially” before “justified” in subdivisions (a)(4), (b)(2), and (d),
to make the rule internally consistent and to make it more
consistent with Federal Rule of Civil Procedure 37, from which it
was derived.
2019 Amendment. Subdivision (e) of this rule was amended
to make it consistent with Federal Rule of Civil Procedure 37(e).
RULE 1.390 cases. DEPOSITIONS OF EXPERT WITNESSES
(a) Definition. The term “expert witness” as used herein
applies exclusively to a person duly and regularly engaged in the
practice of a profession who holds a professional degree from a
university or college and has had special professional training and
experience, or one possessed of special knowledge or skill about the
subject upon which called to testify.
(b) Procedure. The testimony of an expert or skilled witness
may be taken at any time before the trial in accordance with the
rules for taking depositions and may be used at trial, regardless of
the place of residence of the witness or whether the witness is
within the distance prescribed by rule 1.330(a)(3). No special form
of notice need be given that the deposition will be used for trial.
(c) Fee. An expert or skilled witness whose deposition is
taken shall be allowed a witness fee in such reasonable amount as
the court may determine. The court shall also determine a
reasonable time within which payment must be made, if the
deponent and party cannot agree. All parties and the deponent shall
be served with notice of any hearing to determine the fee. Any
reasonable fee paid to an expert or skilled witness may be taxed as
costs.
(d) Applicability. Nothing in this rule shall prevent the
taking of any deposition as otherwise provided by law.
Committee Notes
1972 Amendment. This rule has caused more difficulty in
recent years than any other discovery rule. It was enacted as a
statute originally to make the presentation of expert testimony less
expensive and less onerous to the expert and to admit the expert’s
deposition at trial regardless of the expert’s residence. In spite of its
intent, courts seem determined to misconstrue the plain language
of the rule and cause complications that the committee and the
legislature did not envisage. See Owca v. Zemzicki, 137 So. 2d 876
(Fla. 2d DCA 1962); Cook v. Lichtblau, 176 So. 2d 523 (Fla. 2d DCA
1965); and Bondy v. West, 219 So. 2d 117 (Fla. 2d DCA 1969). The
committee hopes the amendment to subdivision (b) will show that
the intent of the rule is to permit a deposition taken of an expert in
conformity with any rule for the taking of a deposition to be
admitted, if otherwise admissible under the rules of evidence,
regardless of the residence of the expert. In short, the rule
eliminates the necessity of any of the requirements of rule
1.330(a)(3) when the deposition offered is that of an expert.
1988 Amendment. Subdivision (c) has been amended to
clarify the procedure to be used in paying an expert witness for his
or her appearance at a deposition.
RULE 1.410 cases. SUBPOENA
(a) Subpoena Generally. Subpoenas for testimony before
the court, subpoenas for production of tangible evidence, and
subpoenas for taking depositions may be issued by the clerk of
court or by any attorney of record in an action.
(b) Subpoena for Testimony before the Court.
(1) Every subpoena for testimony before the court must
be issued by an attorney of record in an action or by the clerk
under the seal of the court and must state the name of the court
and the title of the action and must command each person to whom
it is directed to attend and give testimony at a time and place
specified in it.
(2) On oral request of an attorney or party, the clerk
must issue a subpoena for testimony before the court or a
subpoena for the production of documentary evidence before the
court signed and sealed but otherwise in blank, both as to the title
of the action and the name of the person to whom it is directed, and
the subpoena must be filled in before service by the attorney or
party.
(c) For Production of Documentary Evidence. A subpoena
may also command the person to whom it is directed to produce the
books, documents (including electronically stored information), or
designated tangible things, but the court, on motion made promptly
and in any event at or before the time specified in the subpoena for
compliance, may:
(1) quash or modify the subpoena if it is unreasonable
and oppressive, or
(2) condition denial of the motion on the advancement
by the person in whose behalf the subpoena is issued of the
reasonable cost of producing the books, documents, or tangible
things.
If a subpoena does not specify a form for producing electronically
stored information, the person responding must produce it in a
form or forms in which it is ordinarily maintained or in a reasonably
usable form or forms. A person responding to a subpoena may
object to discovery of electronically stored information from sources
that the person identifies as not reasonably accessible because of
undue costs or burden. On motion to compel discovery or to quash,
the person from whom discovery is sought must show that the
information sought or the form requested is not reasonably
accessible because of undue costs or burden. If that showing is
made, the court may nonetheless order discovery from the sources
or in the forms requested if the requesting party shows good cause,
considering the limitations set out in rule 1.280(e)(2). The court
may specify conditions of the discovery, including ordering that
some or all of the expenses of the discovery be paid by the party
seeking the discovery. A party seeking a production of evidence at
trial that would be subject to a subpoena may compel production
by serving a notice to produce the evidence on an adverse party as
provided in Florida Rule of General Practice and Judicial
Administration 2.516. The notice has the same effect and is subject
to the same limitations as a subpoena served on the party.
(d) Service. A subpoena may be served by any person
authorized by law to serve process or by any other person who is
not a party and who is not less than 18 years of age. Service of a
subpoena on a person named within must be made as provided by
law. The proof of service must be made by affidavit of the person
making service except as applicable under rule 1.351(c) for the
production of documents and things by a nonparty without
deposition, if not served by an officer authorized by law to do so.
(e) Subpoena for Taking Depositions.
(1) Filing a notice to take a deposition as provided in
rule 1.310(b) or 1.320(a) with a certificate of service showing service
on all parties to the action authorizes the clerk or any attorney of
record to issues subpoenas to persons named in the notice. The
subpoena must state the method for recording the testimony. A
party intending to audiovisually record a deposition must state in
the subpoena that the deposition is to be audiovisually recorded
and identify the method for audiovisually recording the deposition,
including, if applicable, the name and address of the operator of the
audiovisual recording equipment. If a party intends to take a
deposition by communication technology, the subpoena must state
the deposition is to be taken using communication technology,
identify the specific form of communication technology to be used,
and provide instructions for access to the communication
technology. The subpoena may command the person to whom it is
directed to produce designated books, documents, or tangible
things that constitute or contain evidence relating to any of the
matters within the scope of the examination permitted by rule
1.280(c), but in that event the subpoena will be subject to the
provisions of rule 1.280(d) and subdivision (c) of this rule. Within
10 days after its service, or on or before the time specified in the
subpoena for compliance if the time is less than 10 days after
service, the person to whom the subpoena is directed may serve a
written objection to inspecting or copying of any of the designated
materials. If objection is made, the party serving the subpoena will
not be entitled to inspect and copy the materials except under an
order of the court from which the subpoena was issued. If objection
has been made, the party serving the subpoena may move for an
order at any time before or during the taking of the deposition on
notice to the deponent.
(2) A person may be required to attend an examination
only in the county wherein the person resides or is employed or
transacts business in person or at another convenient place as may
be fixed by an order of court.
(f) Contempt. Failure by any person without adequate
excuse to obey a subpoena served on that person may be deemed in
contempt of the court from which the subpoena issued.
(g) Depositions before Commissioners Appointed in this
State by Courts of Other States; Subpoena Powers; etc. When
any person authorized by the laws of Florida to administer oaths is
appointed by a court of record of any other state, jurisdiction, or
government as commissioner to take the testimony of any named
witness within this state, that witness may be compelled to attend
and testify before that commissioner by witness subpoena issued by
the clerk of any circuit court at the instance of that commissioner
or by other process or proceedings in the same manner as if that
commissioner had been appointed by a court of this state; provided
that no document will be compulsorily annexed as an exhibit to the
deposition or otherwise permanently removed from the possession
of the witness producing it, but in its place, a photostatic copy may
be annexed to and transmitted with the executed commission to the
court of issuance.
(h) Subpoena of Minor. Any minor subpoenaed for
testimony has the right to be accompanied by a parent or guardian
at all times during the taking of testimony notwithstanding the
invocation of the rule of sequestration of section 90.616, Florida
Statutes, except on a showing that the presence of a parent or
guardian is likely to have a material, negative impact on the
credibility or accuracy of the minor’s testimony, or that the interests
of the parent or guardian are in actual or potential conflict with the
interests of the minor.
Committee Notes
1972 Amendment. Subdivisions (a) and (d) are amended to
show the intent of the rule that subpoenas for deposition may not
be issued in blank by the clerk, but only for trial. The reason for the
distinction is valid. A subpoena for appearance before the court is
not subject to abuse because the court can correct any attempt to
abuse the use of blank subpoenas. Since a judge is not present at a
deposition, additional protection for the parties and the deponent is
required and subpoenas should not be issued in blank. Subdivision
(d) is also modified to conform with the revised federal rule on
subpoenas for depositions to permit an objection by the deponent to
the production of material required by a subpoena to be produced.
1980 Amendment. Subdivision (c) is revised to conform with
section 48.031, Florida Statutes (1979).
1996 Amendment. This rule is amended to allow an attorney
(as referred to in Fla. R. Jud. Admin. 2.060(a)B(b)), as an officer of
the court, and the clerk to issue subpoenas in the name of the
court. This amendment is not intended to change any other
requirement or precedent for the issuance or use of subpoenas. For
example, a notice of taking the deposition must be filed and served
before a subpoena for deposition may be issued.
2012 Amendment. Subdivision (c) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.
2012 Amendment. Subdivision (c) is amended to address the
production of electronically stored information pursuant to a
subpoena. The procedures for dealing with disputes concerning the
accessibility of the information sought or the form for its production
are intended to correspond to those set out in Rule 1.280(d).
RULE 1.420 cases. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal.
(1) By Parties. Except in actions in which property has
been seized or is in the custody of the court, an action, a claim, or
any part of an action or claim may be dismissed by plaintiff
without order of court (A) before trial by serving, or during trial by
stating on the record, a notice of dismissal at any time before a
hearing on motion for summary judgment, or if none is served or if
the motion is denied, before retirement of the jury in a case tried
before a jury or before submission of a nonjury case to the court for
decision, or (B) by filing a stipulation of dismissal signed by all
current parties to the action. Unless otherwise stated in the notice
or stipulation, the dismissal is without prejudice, except that a
notice of dismissal operates as an adjudication on the merits when
served by a plaintiff who has once dismissed in any court an action
based on or including the same claim.
(2) By Order of Court; If Counterclaim. Except as
provided in subdivision (a)(1) of this rule, an action shall not be
dismissed at a party’s instance except on order of the court and
upon such terms and conditions as the court deems proper. If a
counterclaim has been served by a defendant prior to the service
upon the defendant of the plaintiff’s notice of dismissal, the action
shall not be dismissed against defendant’s objections unless the
counterclaim can remain pending for independent adjudication by
the court. Unless otherwise specified in the order, a dismissal under
this paragraph is without prejudice.
(b) Involuntary Dismissal. Any party may move for
dismissal of an action or of any claim against that party for failure
of an adverse party to comply with these rules or any order of court.
Notice of hearing on the motion shall be served as required under
rule 1.090(d). After a party seeking affirmative relief in an action
tried by the court without a jury has completed the presentation of
evidence, any other party may move for a dismissal on the ground
that on the facts and the law the party seeking affirmative relief has
shown no right to relief, without waiving the right to offer evidence if
the motion is not granted. The court as trier of the facts may then
determine them and render judgment against the party seeking
affirmative relief or may decline to render judgment until the close
of all the evidence. Unless the court in its order for dismissal
otherwise specifies, a dismissal under this subdivision and any
dismissal not provided for in this rule, other than a dismissal for
lack of jurisdiction or for improper venue or for lack of an
indispensable party, operates as an adjudication on the merits.
(c) Dismissal of Counterclaim, Crossclaim, or Third-Party
Claim. The provisions of this rule apply to the dismissal of any
counterclaim, crossclaim, or third-party claim.
(d) Costs. Costs in any action dismissed under this rule
shall be assessed and judgment for costs entered in that action,
once the action is concluded as to the party seeking taxation of
costs. When one or more other claims remain pending following
dismissal of any claim under this rule, taxable costs attributable
solely to the dismissed claim may be assessed and judgment for
costs in that claim entered in the action, but only when all claims
are resolved at the trial court level as to the party seeking taxation
of costs. If a party who has once dismissed a claim in any court of
this state commences an action based upon or including the same
claim against the same adverse party, the court shall make such
order for the payment of costs of the claim previously dismissed as
it may deem proper and shall stay the proceedings in the action
until the party seeking affirmative relief has complied with the
order.
(e) Failure to Prosecute. In all actions in which it appears
on the face of the record that no activity by filing of pleadings, order
of court, or otherwise has occurred for a period of 10 months, and
no order staying the action has been issued nor stipulation for stay
approved by the court, any interested person, whether a party to
the action or not, the court, or the clerk of the court may serve
notice to all parties that no such activity has occurred. If no such
record activity has occurred within the 10 months immediately
preceding the service of such notice, and no record activity occurs
within the 60 days immediately following the service of such notice,
and if no stay was issued or approved prior to the expiration of
such 60-day period, the action shall be dismissed by the court on
its own motion or on the motion of any interested person, whether a
party to the action or not, after reasonable notice to the parties,
unless a party shows good cause in writing at least 5 days before
the hearing on the motion why the action should remain pending.
Mere inaction for a period of less than 1 year shall not be sufficient
cause for dismissal for failure to prosecute.
(f) Effect on Lis Pendens. If a notice of lis pendens has
been filed in connection with a claim for affirmative relief that is
dismissed under this rule, the notice of lis pendens connected with
the dismissed claim is automatically dissolved at the same time.
The notice, stipulation, or order shall be recorded.
Committee Notes
1976 Amendment. Subdivision (e) has been amended to
prevent the dismissal of an action for inactivity alone unless 1 year
has elapsed since the occurrence of activity of record. Nonrecord
activity will not toll the 1-year time period.
1980 Amendment. Subdivision (e) has been amended to
except from the requirement of record activity a stay that is ordered
or approved by the court.
1992 Amendment. Subdivision (f) is amended to provide for
automatic dissolution of lis pendens on claims that are settled even
though the entire action may not have been dismissed.
2005 Amendment. Subdivision (e) has been amended to
provide that an action may not be dismissed for lack of prosecution
without prior notice to the claimant and adequate opportunity for
the claimant to re-commence prosecution of the action to avert
dismissal.
Court Commentary
1984 Amendment. A perennial real property title problem
occurs because of the failure to properly dispose of notices of lis
pendens in the order of dismissal. Accordingly, the reference in
subdivision (a)(1) to disposition of notices of lis pendens has been
deleted and a separate subdivision created to automatically dissolve
notices of lis pendens whenever an action is dismissed under this
rule.
RULE 1.430 cases. DEMAND FOR JURY TRIAL; WAIVER
(a) Right Preserved. The right of trial by jury as declared by
the Constitution or by statute shall be preserved to the parties
inviolate.
(b) Demand. Any party may demand a trial by jury of any
issue triable of right by a jury by serving upon the other party a
demand therefor in writing at any time after commencement of the
action and not later than 10 days after the service of the last
pleading directed to such issue. The demand may be indorsed upon
a pleading of the party.
(c) Specification of Issues. In the demand a party may
specify the issues that the party wishes so tried; otherwise, the
party is deemed to demand trial by jury for all issues so triable. If a
party has demanded trial by jury for only some of the issues, any
other party may serve a demand for trial by jury of any other or all
of the issues triable by jury 10 days after service of the demand or
such lesser time as the court may order.
(d) Juror Participation Through Audio-Video
Communication Technology. Prospective jurors may participate in
voir dire or empaneled jurors may participate in the jury trial
through audio-video communication technology, as described in
Florida Rule of General Practice and Judicial Administration
2.530(c), if stipulated by the parties in writing and authorized by
the court. The written stipulation and a written motion requesting
authorization must be filed with the court within 60 days after
service of a demand under subdivision (b) or within such other
period as may be directed by the court.
(e) Waiver. A party who fails to serve a demand as required
by this rule waives trial by jury. If waived, a jury trial may not be
granted without the consent of the parties, but the court may allow
an amendment in the proceedings to demand a trial by jury or order
a trial by jury on its own motion. A demand for trial by jury may not
be withdrawn without the consent of the parties.
Committee Notes
1972 Amendment. Subdivision (d) is amended to conform to
the decisions construing it. See Wood v. Warriner, 62 So. 2d 728
(Fla. 1953); Bittner v. Walsh, 132 So. 2d 799 (Fla. 1st DCA 1961);
and Shores v. Murphy, 88 So. 2d 294 (Fla. 1956). It is not intended
to overrule Wertman v. Tipping, 166 So. 2d 666 (Fla. 1st DCA 1964),
that requires a moving party to show justice requires a jury.
RULE 1.431 cases. TRIAL JURY
(a) Questionnaire.
(1) The circuit court may direct the authority charged
by law with the selection of prospective jurors to furnish each
prospective juror with a questionnaire in the form approved by the
supreme court from time to time to assist the authority in selecting
prospective jurors. The questionnaire must be used after the names
of jurors have been selected as provided by law but before
certification and the placing of the names of prospective jurors in
the jury box. The questionnaire must be used to determine those
who are not qualified to serve as jurors under any statutory ground
of disqualification.
(2) To assist in voir dire examination at trial, any court
may direct the clerk to furnish prospective jurors selected for
service with a questionnaire in the form approved by the supreme
court from time to time. The prospective jurors must be asked to
complete and return the forms. Completed forms may be inspected
in the clerk’s office and copies must be available in court during the
voir dire examination for use by parties and the court.
(b) Examination by Parties. The parties have the right to
examine jurors orally on their voir dire. The order in which the
parties may examine each juror must be determined by the court.
The court may ask such questions of the jurors as it deems
necessary, but the right of the parties to conduct a reasonable
examination of each juror orally must be preserved.
(c) Challenge for Cause.
(1) On motion of any party, the court must examine
any prospective juror on oath to determine whether that person is
related, within the third degree, to (i) any party, (ii) the attorney of
any party, or (iii) any other person or entity against whom liability
or blame is alleged in the pleadings, or is related to any person
alleged to have been wronged or injured by the commission of the
wrong for the trial of which the juror is called, or has any interest in
the action, or has formed or expressed any opinion, or is sensible of
any bias or prejudice concerning it, or is an employee or has been
an employee of any party or any other person or entity against
whom liability or blame is alleged in the pleadings, within 30 days
before the trial. A party objecting to the juror may introduce any
other competent evidence to support the objection. If it appears that
the juror does not stand indifferent to the action or any of the
foregoing grounds of objection exists or that the juror is otherwise
incompetent, another must be called in that juror’s place.
(2) The fact that any person selected for jury duty from
bystanders or the body of the county and not from a jury list
lawfully selected has served as a juror in the court in which that
person is called at any other time within 1 year is a ground of
challenge for cause.
(3) When the nature of any civil action requires a
knowledge of reading, writing, and arithmetic, or any of them, to
enable a juror to understand the evidence to be offered, the fact
that any prospective juror does not possess the qualifications is a
ground of challenge for cause.
(d) Peremptory Challenges. Each party is entitled to 3
peremptory challenges of jurors, but when the number of parties on
opposite sides is unequal, the opposing parties are entitled to the
same aggregate number of peremptory challenges to be determined
on the basis of 3 peremptory challenges to each party on the side
with the greater number of parties. The additional peremptory
challenges accruing to multiple parties on the opposing side must
be divided equally among them. Any additional peremptory
challenges not capable of equal division must be exercised
separately or jointly as determined by the court.
(e) Exercise of Challenges. All challenges must be
addressed to the court outside the hearing of the jury in a manner
selected by the court so that the jury panel is not aware of the
nature of the challenge, the party making the challenge, or the
basis of the court’s ruling on the challenge, if for cause.
(f) Swearing of Jurors. No one shall be sworn as a juror
until the jury has been accepted by the parties or until all
challenges have been exhausted.
(g) Alternate Jurors.
(1) The court may direct that 1 or more jurors be
impaneled to sit as alternate jurors in addition to the regular panel.
Alternate jurors in the order in which they are called must replace
jurors who have become unable or disqualified to perform their
duties before the jury retires to consider its verdict. Alternate jurors
must be drawn in the same manner, have the same qualifications,
be subject to the same examination, take the same oath, and have
the same functions, powers, facilities, and privileges as principal
jurors. An alternate juror who does not replace a principal juror
must be discharged when the jury retires to consider the verdict.
(2) If alternate jurors are called, each party is entitled
to one peremptory challenge in the selection of the alternate juror or
jurors, but when the number of parties on opposite sides is
unequal, the opposing parties are entitled to the same aggregate
number of peremptory challenges to be determined on the basis of 1
peremptory challenge to each party on the side with the greater
number of parties. The additional peremptory challenges allowed
pursuant to this subdivision may be used only against the alternate
jurors. The peremptory challenges allowed pursuant to subdivision
(d) of this rule must not be used against the alternate jurors.
(h) Interview of a Juror. A party who believes that grounds
for legal challenge to a verdict exist may move for an order
permitting an interview of a juror or jurors to determine whether
the verdict is subject to the challenge. The motion must be served
within 15 days after rendition of the verdict unless good cause is
shown for the failure to make the motion within that time. The
motion must state the name and address of each juror to be
interviewed and the grounds for challenge that the party believes
may exist. After notice and hearing, the trial judge must enter an
order denying the motion or permitting the interview. If the
interview is permitted, the court may prescribe the place, manner,
conditions, and scope of the interview.
(i) Communication with the Jury. This rule governs all
communication between the judge or courtroom personnel and
jurors.
(1) Communication to be on the Record. The court must
notify the parties of any communication from the jury pertaining to
the action as promptly as practicable and in any event before
responding to the communication. Except as set forth below, all
communications between the court or courtroom personnel and the
jury must be on the record in open court or must be in writing and
filed in the action. The court or courtroom personnel must note on
any written communication to or from the jury the date and time it
was delivered.
(2) Exception for Certain Routine Communication. The
court must, by pretrial order or by statement on the record with
opportunity for objection, set forth the scope of routine ex parte
communication to be permitted and the limits imposed by the court
with regard to such communication.
(A) Routine ex parte communication between the
bailiff or other courtroom personnel and the jurors, limited to juror
comfort and safety, may occur off the record.
(B) In no event shall ex parte communication
between courtroom personnel and jurors extend to matters that
may affect the outcome of the trial, including statements containing
any fact or opinion concerning a party, attorney, or procedural
matter or relating to any legal issue or lawsuit.
(3) Instructions to Jury. During voir dire, the court must
instruct the jurors and courtroom personnel regarding the
limitations on communication between the court or courtroom
personnel and jurors. On empanelling the jury, the court must
instruct the jurors that their questions are to be submitted in
writing to the court, which will review them with the parties and
counsel before responding.
(4) Notification of Jury Communication. Courtroom
personnel must immediately notify the court of any communication
to or from a juror or among jurors in contravention of the court’s
orders or instructions, including all communication contrary to the
requirements of this rule.
Committee Notes
1971 Adoption. Subdivision (a) is new. It is intended to
replace section 40.101, Florida Statutes, declared unconstitutional
in Smith v. Portante, 212 So. 2d 298 (Fla. 1968), after supplying the
deficiencies in the statute. It is intended to simplify the task of
selecting prospective jurors, both for the venire and for the panel for
trial in a particular action. The forms referred to in subdivision (a)
are forms 1.983 and 1.984. Subdivisions (b)–(e) are sections 53.031,
53.021, 53.011, and 53.051, Florida Statutes, without substantial
change.
1976 Amendment. Subdivision (e) has been added to
establish a procedure for challenging jurors without members of the
panel knowing the source of the challenge, to avoid prejudice.
Subdivision (f) is a renumbering of the previously enacted rule
regarding alternate jurors.
Subdivision (g) has been added to establish a procedure for
interviewing jurors. See also Canons of Professional Responsibility
DR 7 108.
1988 Amendment. Subdivision (f) has been added to ensure
the right to “back-strike” prospective jurors until the entire panel
has been accepted in civil cases. This right to back-strike until the
jurors have been sworn has been long recognized in Florida. Florida
Rock Industries, Inc. v. United Building Systems, Inc., 408 So. 2d
630 (Fla. 5th DCA 1982). However, in the recent case of Valdes v.
State, 443 So. 2d 223 (Fla. 1st DCA 1984), the court held that it
was not error for a court to swear jurors one at a time as they were
accepted and thereby prevent retrospective peremptory challenges.
The purpose of this subdivision is to prevent the use of individual
swearing of jurors in civil cases. Former subdivisions (f) and (g) have
been redesignated as (g) and (h) respectively.
1992 Amendment. Subdivision (g)(2) is amended to minimize
the inequity in numbers of peremptory challenges allowed in
selecting alternate jurors in actions with multiple parties.
2005 Amendment. Subdivision (c)(1) is amended to ensure
that prospective jurors may be challenged for cause based on bias
in favor of or against nonparties against whom liability or blame
may be alleged in accordance with the decisions in Fabre v. Marin,
623 So. 2d 1182 (Fla. 1993), or Nash v. Wells Fargo Guard Services,
Inc., 678 So. 2d 1262 (Fla. 1996).
2013 Amendment. Subdivision (i) governs the responsibility
of the court for ensuring that parties and their counsel are aware of
all contact with the jury that could affect the outcome of the case.
Trial judges may have differing views on what constitutes harmless
or routine ex parte communication with jurors. Reasonable
variations are therefore permitted, provided the judge adequately
advises counsel, before the trial begins, of the specific
circumstances under which the court has determined that jury
communications will not be reported to the parties. The rule does
not prevent the bailiff or other courtroom personnel from discussing
such routine matters as juror parking, location of break areas, how
and when to assemble for duty, dress, and which items of a juror’s
personal property may be brought into the courthouse or jury room.
However, for example, questions or remarks from a juror about
such matters as the length of a witness’s testimony, when court will
adjourn on a given day, or how long the trial may take to complete
should be reported to the judge, as these matters may be of interest
to the parties. Any doubt as to whether a communication may or
may not be of interest to the parties should be resolved in favor of
promptly informing the court, the parties, and counsel, even if it is
after the fact. This will best ensure that the parties have the
opportunity to object to any improper communication and give the
court an opportunity to cure any prejudice, if an objection is made.
RULE 1.440 cases. SETTING ACTION FOR TRIAL
(a) Pleadings. The failure of the pleadings to be closed will
not preclude the court from setting a case for trial.
(b) Motion for Trial. For any case not subject to rule 1.200
or rule 1.201 or for any case in which any party seeks a trial for a
date earlier than the projected or actual trial period specified in a
case management order, any party may file and serve a motion to
set the action for trial. The motion must include an estimate of the
time required, whether there is a basis for expedited trial, whether
it is to be a jury or non-jury trial, whether the trial is on the original
action or a subsequent proceeding, and, if applicable, indicate that
the court has authorized the participation of prospective jurors or
empaneled jurors through audio-video communication technology
under rule 1.430(d). The moving party must serve a copy of the
motion on the presiding judge at the time the motion is filed.
(c) Setting Trial Period.
(1) On a party’s motion or upon the court’s own
initiative, if the court finds the action ready to be set for a trial
period earlier than the projected or actual trial period specified in
the case management order entered under rule 1.200 or rule 1.201,
the court may enter an order setting an earlier trial period.
(2) For any case subject to rule 1.200 with a projected
trial period in the case management order, not later than 45 days
before the projected trial period set forth in the case management
order, the court must enter an order setting the trial period.
(3) For any case not subject to rule 1.200 or 1.201, on
a party’s motion or upon the court’s own initiative, if the court finds
the action ready to be set for trial, the court must enter an order
setting the trial period.
(4) Any order setting a trial period must set the trial
period to begin at least 30 days after the date of the court’s service
of the order, unless all parties agree otherwise.
(d) Service on Defaulted Parties. In actions in which the
damages are not liquidated, the order setting an action for trial
must be served on parties who are in default in accordance with
Florida Rule of General Practice and Judicial Administration 2.516.
(e) Applicability. This rule does not apply to actions to
under chapter 51, Florida Statutes.
Committee Notes
1972 Amendment. All references to the pretrial conference
are deleted because these are covered in rule 1.200.
1980 Amendment. Subdivision (b) is amended to specify
whether the trial will be on the original pleadings or subsequent
pleadings under rule 1.110(h).
1988 Amendment. Subdivision (c) was amended to clarify a
confusion regarding the notice for trial which resulted from a 1968
amendment.
2012 Amendment. Subdivision (c) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.
Court Commentary
1984 Amendment. Subdivision (a) is amended by adding a
sentence to emphasize the authority given in rule 1.270(b) for the
severing of issues for trial.
Subdivision (c) is amended to delete the reference to law
actions so that the rule will apply to all actions in which
unliquidated damages are sought.
2024 Amendment. This rule has been substantially amended.
It no longer requires that a case be “at issue” before the case can be
set for trial, and it ties the date of trial directly to any projected trial
period set forth in a case management order.
RULE 1.442 cases. PROPOSALS FOR SETTLEMENT
(a) Applicability. This rule applies to all proposals for
settlement authorized by Florida law, regardless of the terms used
to refer to such offers, demands, or proposals, and supersedes all
other provisions of the rules and statutes that may be inconsistent
with this rule.
(b) Service of Proposal. A proposal to a defendant shall be
served no earlier than 90 days after service of process on that
defendant; a proposal to a plaintiff shall be served no earlier than
90 days after the action has been commenced. No proposal shall be
served later than 45 days before the date set for trial or the first day
of the docket on which the case is set for trial, whichever is earlier.
(c) Form and Content of Proposal for Settlement.
(1) A proposal shall be in writing and shall identify the
applicable Florida law under which it is being made.
(2) A proposal shall:
(A) name the party or parties making the proposal
and the party or parties to whom the proposal is being made;
(B) state that the proposal resolves all damages
that would otherwise be awarded in a final judgment in the action
in which the proposal is served, subject to subdivision (F);
(C) exclude nonmonetary terms, with the
exceptions of a voluntary dismissal of all claims with prejudice and
any other nonmonetary terms permitted by statute;
(D) state the total amount of the proposal;
(E) state with particularity the amount proposed
to settle a claim for punitive damages, if any;
(F) state whether the proposal includes attorneys’
fees and whether attorneys’ fee are part of the legal claim; and
(G) include a certificate of service in the form
required by Florida Rule of General Practice and Judicial
Administration 2.516.
(3) A proposal may be made by or to any party or
parties and by or to any combination of parties properly identified
in the proposal. A joint proposal shall state the amount and terms
attributable to each party.
(4) Notwithstanding subdivision (c)(3), when a party is
alleged to be solely vicariously, constructively, derivatively, or
technically liable, whether by operation of law or by contract, a joint
proposal made by or served on such a party need not state the
apportionment or contribution as to that party. Acceptance by any
party shall be without prejudice to rights of contribution or
indemnity.
(d) Service and Filing. A proposal shall be served on the
party or parties to whom it is made but shall not be filed unless
necessary to enforce the provisions of this rule.
(e) Withdrawal. A proposal may be withdrawn in writing
provided the written withdrawal is delivered before a written
acceptance is delivered. Once withdrawn, a proposal is void.
(f) Acceptance and Rejection.
(1) A proposal shall be deemed rejected unless accepted
by delivery of a written notice of acceptance within 30 days after
service of the proposal. The provisions of Florida Rule of General
Practice and Judicial Administration 2.514(b) do not apply to this
subdivision. No oral communications shall constitute an
acceptance, rejection, or counteroffer under the provisions of this
rule.
(2) In any case in which the existence of a class is
alleged, the time for acceptance of a proposal for settlement is
extended to 30 days after the date the order granting or denying
certification is filed.
(g) Sanctions. Any party seeking sanctions pursuant to
applicable Florida law, based on the failure of the proposal’s
recipient to accept a proposal, shall do so by serving a motion in
accordance with rule 1.525.
(h) Costs and Fees.
(1) If a party is entitled to costs and fees pursuant to
applicable Florida law, the court may, in its discretion, determine
that a proposal was not made in good faith. In such case, the court
may disallow an award of costs and attorneys’ fees.
(2) When determining the reasonableness of the
amount of an award of attorneys’ fees pursuant to this section, the
court shall consider, along with all other relevant criteria, the
following factors:
(A) The then-apparent merit or lack of merit in the
claim.
(B) The number and nature of proposals made by
the parties.
(C) The closeness of questions of fact and law at
issue.
(D) Whether the party making the proposal had
unreasonably refused to furnish information necessary to evaluate
the reasonableness of the proposal.
(E) Whether the suit was in the nature of a test
case presenting questions of far-reaching importance affecting
nonparties.
(F) The amount of the additional delay cost and
expense that the party making the proposal reasonably would be
expected to incur if the litigation were to be prolonged.
(i) Evidence of Proposal. Evidence of a proposal or
acceptance thereof is admissible only in proceedings to enforce an
accepted proposal or to determine the imposition of sanctions.
(j) Effect of Mediation. Mediation shall have no effect on
the dates during which parties are permitted to make or accept a
proposal for settlement under the terms of the rule.
Committee Notes
1996 Amendment. This rule was amended to reconcile, where
possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061, 73.032,
and 768.79, Florida Statutes, and the decisions of the Florida
Supreme Court in Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996), TGI
Friday’s, Inc. v. Dvorak, 663 So. 2d 606 (Fla. 1995), and Timmons v.
Combs, 608 So. 2d 1 (Fla. 1992). This rule replaces former rule
1.442, which was repealed by the Timmons decision, and
supersedes those sections of the Florida Statutes and the prior
decisions of the court, where reconciliation is impossible, in order to
provide a workable structure for proposing settlements in civil
actions. The provision which requires that a joint proposal state the
amount and terms attributable to each party is in order to conform
with Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993).
2000 Amendment. Subdivision (f)(2) was added to establish
the time for acceptance of proposals for settlement in class actions.
“Filing” is defined in rule 1.080(e). Subdivision (g) is amended to
conform with new rule 1.525.
2012 Amendment. Subdivision (c)(2)(G) is amended to reflect
the relocation of the service rule from rule 1.080 to Fla. R. Jud.
Admin. 2.516.
2013 Amendment. Subdivision (f)(1) was amended to reflect
the relocation of the rule regarding additional time after service by
mail or e-mail from rule 1.090(e) to Fla. R. Jud. Admin. 2.514(b).
2013 Amendment. Subdivision (c)(2)(B) is amended to clarify
that a proposal for settlement must resolve all claims between the
proponent and the party to whom the proposal is made except
claims for attorneys’ fees, which may or may not be resolved in the
proposal.
RULE 1.450 cases. EVIDENCE
(a) Record of Excluded Evidence. In an action tried by a
jury if an objection to a question propounded to a witness is
sustained by the court, the examining attorney may make a specific
offer of what the attorney expects to prove by the answer of the
witness. The court may require the offer to be made out of the
hearing of the jury. The court may add such other or further
statement as clearly shows the character of the evidence, the form
in which it was offered, the objection made, and the ruling thereon.
In actions tried without a jury the same procedure may be followed
except that the court upon request shall take and report the
evidence in full unless it clearly appears that the evidence is not
admissible on any ground or that the witness is privileged.
(b) Filing. When documentary evidence is introduced in an
action, the clerk or the judge shall endorse an identifying number
or symbol on it and when proffered or admitted in evidence, it shall
be filed by the clerk or judge and considered in the custody of the
court and not withdrawn except with written leave of court.
Committee Notes
1971 Amendment. Subdivision (d) is amended to eliminate
the necessity of a court order for disposal of exhibits. The clerk
must retain the exhibits for 1 year unless the court permits removal
earlier. If removal is not effected within the year, the clerk may
destroy or dispose of the exhibits after giving the specified notice.
1996 Amendment. Former subdivision (a) entitled “Adverse
Witness” is deleted because it is no longer needed or appropriate
because the matters with which it deals are treated in the Florida
Evidence Code.
Court Commentary
1984 Amendment. Subdivision (d) was repealed by the
supreme court; see 403 So. 2d 926.
Subdivision (e): This rule was originally promulgated by the
supreme court in Carter v. Sparkman, 335 So. 2d 802, 806 (Fla.
1976).
In The Florida Bar, in re Rules of Civil Procedure, 391 So. 2d
165 (Fla. 1980), the court requested the committee to consider the
continued appropriateness of rule 1.450(e). In response, the
committee recommended its deletion. After oral argument in The
Florida Bar: In re Rules of Civil Procedure, 429 So. 2d 311, the court
specifically declined to abolish the rule or to adopt a similar rule for
other types of actions.
The committee again considered rule 1.450(e) in depth and at
length and again recommends its deletion for the reason that no
exception should be made in the rule to a particular type of action.
Subdivision (f): The West’s Desk Copy Florida Rules of Court,
at page 62, points out:
“The per curiam opinion of the Florida Supreme Court of June
21, 1979 (403 So.2d 926) provides: ‘On March 8, 1979, the Court
proposed new Rule 1.450 of the Florida Rules of Civil Procedure
which would provide for the disposal of exhibits and depositions in
civil matters. Absent further action by the Court, the proposed rule
was to become effective July 2, 1979. The Court has carefully
considered the responses received regarding proposed Rule 1.450(f)
and now feels that the July 2, 1979, effective date does not allow
sufficient time for full reflection on matters raised in these
responses. Therefore, the effective date for Rule 1.450(f) is, by this
order, delayed until further order of the Court.’”
The retention of court records is the subject of Florida Rule of
Judicial Administration 2.075.
RULE 1.452 cases. QUESTIONS BY JURORS
(a) Questions Permitted. The court shall permit jurors to
submit to the court written questions directed to witnesses or to the
court. Such questions will be submitted after all counsel have
concluded their questioning of a witness.
(b) Procedure. Any juror who has a question directed to the
witness or the court shall prepare an unsigned, written question
and give the question to the bailiff, who will give the question to the
judge.
(c) Objections. Out of the presence of the jury, the judge
will read the question to all counsel, allow counsel to see the
written question, and give counsel an opportunity to object to the
question.
RULE 1.453 cases. JURY REQUEST TO REVIEW TESTIMONY
(a) Request for Readback or Playback of Testimony. If,
after retiring to consider their verdict, any juror requests a
readback or playback of testimony, the jury may be conducted into
the courtroom and the court may order the readback or playback of
testimony. The testimony may be read or played back only after
notice to counsel for the parties. Any readback or playback of
testimony must be in open court in the presence of all parties. In its
discretion, the court may respond in writing to a request for
readback or playback of testimony without having the jury brought
before the court, provided that the parties have received the
opportunity to place objections on the record and both the request
and response are made part of the record.
(b) Request for Transcripts. If any juror requests to have a
transcript of trial testimony, the court must inform the jury that
transcripts are not available but that they can request a readback
or playback of testimony, which request may or may not be granted
at the court’s discretion. If a juror makes only a general request for
transcripts, as opposed to identifying any particular witness’s
testimony that they wish to review, the court must also instruct the
jury that, if they request a readback or playback, they must specify
the particular trial testimony they wish to have read or played back.
If, after being properly instructed in accordance with this
subdivision, the jury requests a readback or playback of any trial
testimony, the court must follow the procedures set forth in
subdivision (a).
RULE 1.455 cases. JUROR NOTEBOOKS
In its discretion, the court may authorize documents and
exhibits to be included in notebooks for use by the jurors during
trial to aid them in performing their duties.
RULE 1.460 cases. MOTIONS TO CONTINUE TRIAL
(a) Generally. Motions to continue trial are disfavored and
should rarely be granted and then only upon good cause shown.
Successive continuances are highly disfavored. Lack of due
diligence in preparing for trial is not grounds to continue the case.
Motions for continuance based on parental leave are governed by
Florida Rule of General Practice and Judicial Administration 2.570.
(b) Motion; Requirements. A motion to continue trial must
be in writing unless made at a trial and, except for good cause
shown, must be signed by the named party requesting the
continuance.
(c) Motion; Timing of Filing. A motion to continue trial
must be filed promptly after the appearance of good cause to
support such motion. Failure to promptly request a continuance
may be a basis for denying the motion to continue.
(d) Motion; Contents. All motions for continuance, even if
agreed, must state with specificity:
(1) the basis of the need for the continuance, including
when the basis became known to the movant;
(2) whether the motion is opposed;
(3) the action and specific dates for the action that will
enable the movant to be ready for trial by the proposed date,
including, but not limited to, confirming the specific date any
required participants such as third-party witnesses or experts are
available; and
(4) the proposed date by which the case will be ready
for trial and whether that date is agreed by all parties.
(e) Efforts to Avoid Continuances. To avoid continuances,
trial courts should use all appropriate methods to address the
issues causing delay, including requiring depositions to preserve
testimony, allowing remote appearances, and resolving conflicts
with other judges as provided in the Florida Rules of General
Practice and Judicial Administration.
(f) Setting Trial Date. When possible, continued trial dates
must be set in collaboration with attorneys and self-represented
litigants as opposed to the issuance of unilateral dates by the court.
(g) Dilatory Conduct. If a continuance is granted based on
the dilatory conduct of an attorney or named party, the court may
impose sanctions on the attorney, the party, or both.
(h) Order on Motion for Continuance. When ruling on a
motion to continue, the court must state, either on the record or in
a written order, the factual basis for the ruling. An order granting a
motion to continue must either set a new trial period or set a case
management conference. If the trial is continued, the new trial must
be set for the earliest date practicable, given the needs of the case
and resources of the court. The order must reflect what further
activity will or will not be permitted.
Committee Notes
1980 Amendment. Subdivision (a), deleted by amendment,
was initially adopted when trials were set at a docket sounding
prescribed by statute. Even then, the rule was honored more in the
breach than the observance. Trials are no longer uniformly set in
that manner, and continuances are granted generally without
reference to the rule. Under the revised rule, motions for
continuance can be filed at any time that the need arises and need
not be in writing if the parties are before the court.
1988 Amendment. The supreme court, by adopting Florida
Rule of Judicial Administration 2.085(c), effective July 1, 1986,
required all motions for continuance to be signed by the litigant
requesting the continuance. The amendment conforms rule 1.460
to rule 2.085(c); but, by including an exception for good cause, it
recognizes that circumstances justifying a continuance may excuse
the signature of the party.
RULE 1.470 cases. EXCEPTIONS UNNECESSARY; JURY
INSTRUCTIONS
(a) Adverse Ruling. For appellate purposes no exception
shall be necessary to any adverse ruling, order, instruction, or thing
whatsoever said or done at the trial or prior thereto or after verdict,
which was said or done after objection made and considered by the
trial court and which affected the substantial rights of the party
complaining and which is assigned as error.
(b) Instructions to Jury. The Florida Standard Jury
Instructions appearing on The Florida Bar’s website may be used,
as provided in Florida Rule of General Practice and Judicial
Administration 2.580, by the trial judges in instructing the jury in
civil actions. Not later than at the close of the evidence, the parties
shall file written requests that the court instruct the jury on the law
set forth in such requests. The court shall then require counsel to
appear before it to settle the instructions to be given. At such
conference, all objections shall be made and ruled upon and the
court shall inform counsel of such instructions as it will give. No
party may assign as error the giving of any instruction unless that
party objects thereto at such time, or the failure to give any
instruction unless that party requested the same. The court shall
orally instruct the jury before or after the arguments of counsel and
may provide appropriate instructions during the trial. If the
instructions are given prior to final argument, the presiding judge
shall give the jury final procedural instructions after final
arguments are concluded and prior to deliberations. The court shall
provide each juror with a written set of the instructions for his or
her use in deliberations. The court shall file a copy of such
instructions.
(c) Orders on New Trial, Directed Verdicts, etc. It shall
not be necessary to object or except to any order granting or
denying motions for new trials, directed verdicts, or judgments non
obstante veredicto or in arrest of judgment to entitle the party
against whom such ruling is made to have the same reviewed by an
appellate court.
Committee Notes
1988 Amendment. The word “general” in the third sentence
of subdivision (b) was deleted to require the court to specifically
inform counsel of the charges it intends to give. The last sentence of
that subdivision was amended to encourage judges to furnish
written copies of their charges to juries.
2010 Amendment. Portions of form 1.985 were modified and
moved to subdivision (b) of rule 1.470 to require the court to use
published standard instructions where applicable and necessary, to
permit the judge to vary from the published standard jury
instructions, and notes only when necessary to accurately and
sufficiently instruct the jury, and to require the parties to object to
preserve error in variance from published standard jury
instructions and notes.
2014 Amendment. Florida Standard Jury Instructions
include the Florida Standard Jury Instructions—Contract and
Business Cases.
RULE 1.480 cases. MOTION FOR A DIRECTED VERDICT
(a) Effect. A party who moves for a directed verdict at the
close of the evidence offered by the adverse party may offer evidence
in the event the motion is denied without having reserved the right
to do so and to the same extent as if the motion had not been made.
The denial of a motion for a directed verdict shall not operate to
discharge the jury. A motion for a directed verdict shall state the
specific grounds therefor. The order directing a verdict is effective
without any assent of the jury.
(b) Reservation of Decision on Motion. When a motion for
a directed verdict is denied or for any reason is not granted, the
court is deemed to have submitted the action to the jury subject to
a later determination of the legal questions raised by the motion.
Within 15 days after the return of a verdict, a party who has timely
moved for a directed verdict may serve a motion to set aside the
verdict and any judgment entered thereon and to enter judgment in
accordance with the motion for a directed verdict. If a verdict was
not returned, a party who has timely moved for a directed verdict
may serve a motion for judgment in accordance with the motion for
a directed verdict within 15 days after discharge of the jury.
(c) Joined with Motion for New Trial. A motion for a new
trial may be joined with this motion or a new trial may be requested
in the alternative. If a verdict was returned, the court may allow the
judgment to stand or may reopen the judgment and either order a
new trial or direct the entry of judgment as if the requested verdict
had been directed. If no verdict was returned, the court may direct
the entry of judgment as if the requested verdict had been directed
or may order a new trial.
Committee Notes
1996 Amendment. Subdivision (b) is amended to clarify that
the time limitations in this rule are based on service.
2010 Amendment. Subdivision (b) is amended to conform to
2006 changes to Federal Rule of Civil Procedure 50(b) eliminating
the requirement for renewing at the close of all the evidence a
motion for directed verdict already made at the close of an adverse
party’s evidence.
2013 Amendment. Subdivision (b) is amended to change the
time for service of a motion from 10 to 15 days after the specified
event.
RULE 1.481 cases. VERDICTS
In all actions when punitive damages are sought, the verdict
shall state the amount of punitive damages separately from the
amounts of other damages awarded.
RULE 1.490 cases. MAGISTRATES
(a) General Magistrates. Judges of the circuit court may
appoint as many general magistrates from among the members of
the Bar in the circuit as the judges find necessary, and the general
magistrates shall continue in office until removed by the court. The
order making an appointment shall be recorded. Every person
appointed as a general magistrate shall take the oath required of
officers by the Constitution and the oath shall be recorded before
the magistrate discharges any duties of that office.
(b) Special Magistrates. The court may appoint members of
The Florida Bar as special magistrates for any particular service
required by the court, and they shall be governed by all the
provisions of law and rules relating to magistrates except they shall
not be required to make oath or give bond unless specifically
required by the order appointing them. Upon a showing that the
appointment is advisable, a person other than a member of the Bar
may be appointed.
(c) Reference. No reference shall be to a magistrate, either
general or special, without the consent of the parties.
When a reference is made to a magistrate, either party may set the
action for hearing before the magistrate.
(d) General Powers and Duties. Every magistrate shall
perform all of the duties that pertain to the office according to the
practice in chancery and under the direction of the court. Process
issued by a magistrate shall be directed as provided by law.
Hearings before any magistrate, examiner, or commissioner shall be
held in the county where the action is pending, but hearings may
be held at any place by order of the court within or without the
state to meet the convenience of the witnesses or the parties. All
grounds of disqualification of a judge shall apply to magistrates.
Magistrates shall not practice law of the same case type in the court
or circuit the magistrate is appointed to serve.
(e) Bond. When not otherwise provided by law, the court
may require magistrates who are appointed to dispose of real or
personal property to give bond and surety conditioned for the
proper payment of all moneys that may come into their hands and
for the due performance of their duties as the court may direct. The
bond shall be made payable to the State of Florida and shall be for
the benefit of all persons aggrieved by any act of the magistrate.
(f) Notice of Hearings. The magistrate shall assign a time
and place for proceedings as soon as reasonably possible after the
reference is made and give notice to each of the parties. The notice
or order setting a matter for hearing before the magistrate must
state if electronic recording or a court reporter will be used to create
a record of the proceedings. If electronic recording is to be used,
the notice must state that any party may have a court reporter
transcribe the record of the proceedings at that party’s expense. If
any party fails to appear, the magistrate may proceed ex parte or
may adjourn the proceeding to a future day, giving notice to the
absent party of the adjournment.
(g) Hearings. The magistrate shall proceed with reasonable
diligence in every reference and with the least practicable delay. Any
party may apply to the court for an order to the magistrate to speed
the proceedings and to make the report and to certify to the court
the reason for any delay. The evidence shall be taken by the
magistrate or by some other person under the magistrate’s
authority in the magistrate’s presence and shall be filed with the
magistrate’s report. The magistrate shall have authority to examine
on oath the parties and all witnesses produced by the parties on all
matters contained in the reference and to require production of all
books, papers, writings, vouchers, and other documents applicable
to the referenced matters. The magistrate shall admit evidence by
deposition or that is otherwise admissible in court. The magistrate
may take all actions concerning evidence that can be taken by the
court and in the same manner. All parties accounting before a
magistrate shall bring in their accounts in the form of accounts
payable and receivable, and any other parties who are not satisfied
with the account may examine the accounting party orally or by
interrogatories or deposition as the magistrate directs. All
depositions and documents that have been taken or used previously
in the action may be used before the magistrate.
(h) Magistrate’s Report. The magistrate must file the report
on the referenced matters and served copies on all parties, and
include the name and address of any court reporter who
transcribed the proceedings. The magistrate’s report must contain
the following language in bold type:
IF YOU WISH TO SEEK REVIEW OF THE REPORT AND
RECOMMENDATIONS MADE BY THE MAGISTRATE,
YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH
FLORIDA RULE OF CIVIL PROCEDURE 1.490(i). YOU
WILL BE REQUIRED TO PROVIDE THE COURT WITH A
RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS
OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD
ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF
ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING
REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF
NECESSARY FOR THE COURT’S REVIEW.
(i) Filing Report; Notice; Exceptions. The parties may file
exceptions to the report within 10 days after it is served. Any party
may file cross-exceptions within 5 days from the service of the
exceptions. If no exceptions are timely filed the court shall take
appropriate action on the report. If exceptions are timely filed, the
court shall resolve the exceptions at a hearing on reasonable notice.
The filing of cross-exceptions shall not delay a hearing on the
exceptions and cross-exceptions unless good cause is shown.
(j) Record. A party filing exceptions to the magistrate’s
report must provide the court in advance of the hearing a record
sufficient to support that party’s exceptions.
(1) The record shall include the court file, designated
portions of the transcript of proceedings before the magistrate, and
all depositions and evidence presented to the magistrate. The
designated transcript portions must be delivered to the court and
all other parties at least 48 hours before the hearing.
(2) If the party filing exceptions has the court reporter
prepare less than a full transcript of proceedings before the
magistrate, that party must promptly file a notice designating the
portions of the transcript that have been ordered. The other parties
must be given reasonable time after service of the notice to arrange
for the preparation and designation of other portions of the
transcript for the court to consider at the hearing.
Committee Notes
1971 Amendment. The entire rule has been revised. Obsolete
language has been omitted and changes made to meet objections
shown by the use of local rules in many circuits. Subdivisions (a)
and (b) are not substantially changed. Subdivision (c) is shortened
and eliminates the useless priority for setting the matter for hearing
to permit either party to go forward. Subdivision (d) eliminates the
right of the parties to stipulate to the place of hearing. Subdivision
(e) is not substantially changed. Subdivisions (f), (g), (h), and (i) are
combined. The right to use affidavits is eliminated because of the
unavailability of cross-examination and possible constitutional
questions. The vague general authority of the magistrate under
subdivision (g) is made specific by limiting it to actions that the
court could take. Subdivision (j) is repealed because it is covered in
the new subdivision (f). Subdivision (g) is the same as former
subdivision (k) after eliminating the reference to affidavits.
Subdivision (h) is the same as former subdivision (l).
1980 Amendment. Subdivision (d) is amended to delete the
specific reference to the direction of process so that process issued
by the master will be governed by the law applicable to process
generally.
Court Commentary
1984 Amendment. The consent of all parties is required for
any reference to a special master. Special masters may be used as
provided by statute even with the rule change. See Slatcoff v. Dezen,
74 So. 2d 59 (Fla. 1954).
RULE 1.491 cases. GENERAL MAGISTRATES FOR RESIDENTIAL
MORTGAGE FORECLOSURE MATTERS
(a) General Magistrates for Residential Mortgage
Foreclosure. The chief judge of each judicial circuit shall appoint
such number of general magistrates to handle only residential
mortgage foreclosures from among the members of the Bar in the
circuit as are necessary to expeditiously preside over all actions and
suits for the foreclosure of a mortgage on residential real property;
and any other matter concerning the foreclosure of a mortgage on
residential real property as allowed by the administrative order of
the chief judge. Such general magistrates shall continue in office
until removed by the court. The order making an appointment shall
be recorded. Every person appointed as a general magistrate shall
take the oath required of officers by the Constitution and the oath
shall be recorded before the magistrate discharges any duties of
that office. General magistrates appointed to handle residential
mortgage foreclosure matters only shall not be required to give bond
or surety.
(b) Reference.
(1) Consent to a magistrate for residential mortgage
foreclosure actions and suits may be express or may be implied in
accordance with the requirements of this rule.
(A) A written objection to the referral to a
magistrate handling residential mortgage foreclosures must be filed
within 10 days of the service of the order of referral or within the
time to respond to the initial pleading, whichever is later.
(B) If the time set for the hearing is less than 10
days after service of the order of referral, the objection must be filed
before commencement of the hearing.
(C) Failure to file a written objection to a referral
to the magistrate handling residential mortgage foreclosures within
the applicable time period is deemed to be consent to the order of
referral.
(2) The order of referral to a magistrate handling
residential mortgage foreclosures shall be in substantial conformity
with this rule and shall contain the following language in bold type:
A REFERRAL TO A MAGISTRATE FOR A
RESIDENTIAL MORTGAGE FORECLOSURE MATTER
REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE
ENTITLED TO HAVE THIS MATTER HEARD BEFORE
A JUDGE. IF YOU DO NOT WANT TO HAVE THIS
MATTER HEARD BEFORE A MAGISTRATE, YOU
MUST FILE A WRITTEN OBJECTION TO THE
REFERRAL WITHIN 10 DAYS OF THE TIME OF
SERVICE OF THIS ORDER OR WITHIN THE TIME TO
RESPOND TO THE INITIAL PLEADING, WHICHEVER
IS LATER. IF THE TIME SET FOR THE HEARING IS
LESS THAN 10 DAYS AFTER THE SERVICE OF THIS
ORDER, THE OBJECTION MUST BE MADE BEFORE
THE HEARING. FAILURE TO FILE A WRITTEN
OBJECTION WITHIN THE APPLICABLE TIME PERIOD
IS DEEMED TO BE CONSENT TO THE REFERRAL.
REVIEW OF THE REPORT AND RECOMMENDATIONS
MADE BY THE MAGISTRATE SHALL BE BY
EXCEPTIONS AS PROVIDED IN THIS RULE. A
RECORD, WHICH INCLUDES A TRANSCRIPT OF
PROCEEDINGS, MAY BE REQUIRED TO SUPPORT
THE EXCEPTIONS.
When a reference is made to a magistrate, either party
may set the action for hearing before the magistrate.
(c) General Powers and Duties. The provisions for the
general powers and duties of a magistrate in rule 1.490(d) shall
apply to proceedings under this rule.
(d) Notice of Hearings; Hearings. The provisions for notice
of hearings and hearings in rules 1.490(f)—(g) shall apply to
proceedings under this rule.
(e) Magistrate’s Report. The provisions for the requirement
of the magistrate’s report in rule 1.490(h) shall apply to proceedings
under this rule.
(f) Filing Report; Notice; Exceptions; Record. The
provisions for filing the report, notice, exceptions to the report, and
requirements for a record in rules 1.490(i)—(j) shall apply to
proceedings under this rule.
Committee Notes
2014 Adoption. This rule is the result of an emergency
petition by the Trial Court Budget Commission and is intended to
alleviate the backlog of residential mortgage foreclosure cases that
Florida courts are currently facing.
2015 Amendment. The changes are intended to adopt certain
procedural changes made to rule 1.490 by In re Amendments to
Florida Rules of Civil Procedure, 131 So. 3d 643 (Fla. 2013).
RULE 1.500 cases. DEFAULTS AND FINAL JUDGMENTS THEREON
(a) By the Clerk. When a party against whom affirmative
relief is sought has failed to file or serve any document in the
action, the party seeking relief may have the clerk enter a default
against the party failing to serve or file such document.
(b) By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise defend as provided
by these rules or any applicable statute or any order of court, the
court may enter a default against such party; provided that if such
party has filed or served any document in the action, that party
must be served with notice of the application for default.
(c) Right to Plead. A party may plead or otherwise defend at
any time before default is entered. If a party in default files any
document after the default is entered, the clerk must notify the
party of the entry of the default. The clerk must make an entry on
the progress docket showing the notification.
(d) Setting aside Default. The court may set aside a default,
and if a final judgment consequent thereon has been entered, the
court may set it aside in accordance with rule 1.540(b).
(e) Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against an infant or incompetent person unless represented in the
action by a general guardian, committee, conservator, or other
representative who has appeared in it or unless the court has made
an order under rule 1.210(b) providing that no representative is
necessary for the infant or incompetent. If it is necessary to take an
account or to determine the amount of damages or to establish the
truth of any averment by evidence or to make an investigation of
any other matter to enable the court to enter judgment or to
effectuate it, the court may receive affidavits, make references, or
conduct hearings as it deems necessary and must accord a right of
trial by jury to the parties when required by the Constitution or any
statute.
Court Commentary
1984 Amendment. Subdivision (c) is amended to change the
method by which the clerk handles papers filed after a default is
entered. Instead of returning the papers to the party in default, the
clerk will now be required to file them and merely notify the party
that a default has been entered. The party can then take whatever
action the party believes is appropriate.
This is to enable the court to judge the effect, if any, of the
filing of any paper upon the default and the propriety of entering
final judgment without notice to the party against whom the default
was entered.
RULE 1.510 cases. SUMMARY JUDGMENT
(a) Motion for Summary Judgment or Partial Summary
Judgment. A party may move for summary judgment, identifying
each claim or defense—or the part of each claim or defense—on
which summary judgment is sought. The court shall grant
summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to
judgment as a matter of law. The court shall state on the record the
reasons for granting or denying the motion. The summary judgment
standard provided for in this rule shall be construed and applied in
accordance with the federal summary judgment standard.
(b) Time to File a Motion. A party may move for summary
judgment at any time after the expiration of 20 days from the
commencement of the action or after service of a motion for
summary judgment by the adverse party. The movant must file and
serve the motion for summary judgment consistent with any court-
ordered deadlines.
(c) Procedures.
(1) Supporting Factual Positions. A party asserting that
a fact cannot be or is genuinely disputed must support the
assertion by:
(A) citing to particular parts of materials in the
record, including depositions, documents, electronically stored
information, affidavits or declarations, stipulations (including those
made for purposes of the motion only), admissions, interrogatory
answers, or other materials; or
(B) showing that the materials cited do not
establish the absence or presence of a genuine dispute, or that an
adverse party cannot produce admissible evidence to support the
fact.
(2) Objection That a Fact Is Not Supported by Admissible
Evidence. A party may object that the material cited to support or
dispute a fact cannot be presented in a form that would be
admissible in evidence.
(3) Materials Not Cited. The court need consider only
the cited materials, but it may consider other materials in the
record.
(4) Affidavits or Declarations. An affidavit or declaration
used to support or oppose a motion must be made on personal
knowledge, set out facts that would be admissible in evidence, and
show that the affiant or declarant is competent to testify on the
matters stated.
(5) Timing for Supporting Factual Positions. At the time
of filing a motion for summary judgment, the movant must also
serve the movant’s supporting factual position as provided in
subdivision (1) above. No later than 40 days after service of the
motion for summary judgment, the nonmovant must serve a
response that includes the nonmovant’s supporting factual position
as provided in subdivision (1) above.
(6) Timing for Hearing. Any hearing on a motion for
summary judgment must be set for a date at least 10 days after the
deadline for serving a response, unless the parties stipulate or the
court orders otherwise.
(d) When Facts Are Unavailable to the Nonmovant. If a
nonmovant shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition,
the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to
take discovery; or
(3) issue any other appropriate order.
(e) Failing to Properly Support or Address a Fact. If a
party fails to properly support an assertion of fact or fails to
properly address another party’s assertion of fact as required by
rule 1.510(c), the court may:
(1) give an opportunity to properly support or address
the fact;
(2) consider the fact undisputed for purposes of the
motion;
(3) grant summary judgment if the motion and
supporting materials—including the facts considered undisputed—
show that the movant is entitled to it; or
(4) issue any other appropriate order.
(f) Judgment Independent of the Motion. After giving
notice and a reasonable time to respond, the court may:
(1) grant summary judgment for a nonmovant;
(2) grant the motion on grounds not raised by a party;
or
(3) consider summary judgment on its own after
identifying for the parties material facts that may not be genuinely
in dispute.
(g) Failing to Grant All the Requested Relief. If the court
does not grant all the relief requested by the motion, it may enter
an order stating any material fact—including an item of damages or
other relief—that is not genuinely in dispute and treating the fact as
established in the case.
(h) Affidavit or Declaration Submitted in Bad Faith. If
satisfied that an affidavit or declaration under this rule is submitted
in bad faith or solely for delay, the court—after notice and a
reasonable time to respond—may order the submitting party to pay
the other party the reasonable expenses, including attorney’s fees,
it incurred as a result. An offending party or attorney may also be
held in contempt or subjected to other appropriate sanctions.
Court Notes
2021 Amendment. The rule is amended to adopt almost all
the text of Federal Rule of Civil Procedure 56. The “federal
summary judgment standard” refers to the principles announced in
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty
Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Electric Industrial
Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), and more generally
to case law interpreting Federal Rule of Civil Procedure 56.
Committee Notes
1976 Amendment. Subdivision (c) has been amended to
require a movant to state with particularity the grounds and legal
authority which the movant will rely upon in seeking summary
judgment. This amendment will eliminate surprise and bring the
summary judgment rule into conformity with the identical provision
in rule 1.140(b) with respect to motions to dismiss.
1992 Amendment. The amendment to subdivision (c) will
require timely service of opposing affidavits, whether by mail or by
delivery, prior to the day of the hearing on a motion for summary
judgment.
2005 Amendment. Subdivision (c) has been amended to
ensure that the moving party and the adverse party are each given
advance notice of and, where appropriate, copies of the evidentiary
material on which the other party relies in connection with a
summary judgment motion.
2012 Amendment. Subdivision (c) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.
RULE 1.520 cases. VIEW
Upon motion of either party the jury may be taken to view the
premises or place in question or any property, matter, or thing
relating to the controversy between the parties when it appears that
view is necessary to a just decision; but the party making the
motion shall advance a sum sufficient to defray the expenses of the
jury and the officer who attends them in taking the view, which
expense shall be taxed as costs if the party who advanced it
prevails.
RULE 1.525 cases. MOTIONS FOR COSTS AND ATTORNEYS’ FEES
Any party seeking a judgment taxing costs, attorneys’ fees, or
both shall serve a motion no later than 30 days after filing of the
judgment, including a judgment of dismissal, or the service of a
notice of voluntary dismissal, which judgment or notice concludes
the action as to that party.
Committee Notes
2000 Adoption. This rule is intended to establish a time
requirement to serve motions for costs and attorneys’ fees.
Court Commentary
2000 Adoption. This rule only establishes time requirements
for serving motions for costs, attorneys’ fees, or both, and in no way
affects or overrules the pleading requirements outlined by this
Court in Stockman v. Downs, 573 So. 2d 835 (Fla. 1991).
RULE 1.530 cases. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS; REMITTITUR
OR ADDITUR
(a) Jury and Non-Jury Actions. A new trial may be granted
to all or any of the parties and on all or a part of the issues. To
preserve for appeal a challenge to the failure of the trial court to
make required findings of fact in the final judgment, a party must
raise that issue in a motion for rehearing under this rule. On a
motion for a rehearing of matters heard without a jury, including
summary judgments, the court may open the judgment if one has
been entered, take additional testimony, and enter a new judgment.
(b) Time for Motion. A motion for new trial or for rehearing
must be served not later than 15 days after the return of the verdict
in a jury action or the date of filing of the judgment in a non-jury
action. A timely motion may be amended to state new grounds in
the discretion of the court at any time before the motion is
determined.
(c) Time for Serving Affidavits. When a motion for a new
trial is based on affidavits, the affidavits must be served with the
motion. The opposing party has 10 days after such service within
which to serve opposing affidavits, which period may be extended
for an additional period not exceeding 20 days either by the court
for good cause shown or by the parties by written stipulation. The
court may permit reply affidavits.
(d) On Initiative of Court. Not later than 15 days after the
date of filing of the judgment or within the time of ruling on a timely
motion for a rehearing or a new trial made by a party, the court of
its own initiative may order a rehearing or a new trial for any reason
for which it might have granted a rehearing or a new trial on motion
of a party.
(e) When Motion Is Unnecessary; Non-Jury Action. In a
non-jury action, the sufficiency of the evidence to support the
judgment may be raised on appeal whether or not the party raising
the question has made any objection thereto in the trial court or
made a motion for rehearing, for new trial, or to alter or amend the
judgment.
(f) Order Granting to Specify Grounds. All orders granting
a new trial must state the specific grounds therefor. If such an
order is appealed and does not state the specific grounds, the
appellate court shall relinquish its jurisdiction to the trial court for
entry of an order specifying the grounds for granting the new trial.
(g) Motion to Alter or Amend a Judgment. A motion to
alter or amend the judgment shall be served not later than 15 days
after the date of filing of the judgment, except that this rule does
not affect the remedies in rule 1.540(b).
(h) Motion for Remittitur or Additur.
(1) Not later than 15 days after the return of the verdict
in a jury action or the date of filing of the judgment in a non-jury
action, any party may serve a motion for remittitur or additur. The
motion must state the applicable Florida law under which it is being
made, the amount the movant contends the verdict should be, and
the specific evidence that supports the amount stated or a
statement of the improper elements of damages included in the
damages award.
(2) If a remittitur or additur is granted, the court must
state the specific statutory criteria relied on.
(3) Any party adversely affected by the order granting
remittitur or additur may reject the award and elect a new trial on
the issue of damages only by filing a written election within 15 days
after the order granting remittitur or additur is filed.
Committee Notes
1992 Amendment. In subdivision (e), the reference to
assignments of error is eliminated to conform to amendments to the
Florida Rules of Appellate Procedure.
2013 Amendment. Subdivisions (b) and (g) are amended to
change the deadlines for service of certain motions from 10 to 15
days after the specified event. Subdivision (d) is amended to change
the deadline for a court to act of its own initiative.
Court Commentary
1984 Amendment. Subdivision (b): This clarifies the time in
which a motion for rehearing may be served. It specifies that the
date of filing as shown on the face of the judgment in a non-jury
action is the date from which the time for serving a motion for
rehearing is calculated.
There is no change in the time for serving a motion for new
trial in a jury action, except the motion may be served before the
rendition of the judgment.
2022 Amendments. The amendment to subdivision (a) does
not address or affect, by negative implication, any other instance in
which a motion for rehearing is or might be necessary to preserve
an issue for appellate review.
RULE 1.535 cases. [REPEALED AUG. 25, 2022, EFFECTIVE OCT. 1,
2022]
See In re: Amendments to Florida Rules of Civil Procedure 1.530
and 1.535, 346 So. 3d 1157 (Fla. 2022).
RULE 1.540 cases. RELIEF FROM JUDGMENT, DECREES, OR
ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments,
decrees, or other parts of the record and errors therein arising from
oversight or omission may be corrected by the court at any time on
its own initiative or on the motion of any party and after such
notice, if any, as the court orders. During the pendency of an
appeal such mistakes may be so corrected before the record on
appeal is docketed in the appellate court, and thereafter while the
appeal is pending may be so corrected with leave of the appellate
court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and upon such
terms as are just, the court may relieve a party or a party’s legal
representative from a final judgment, decree, order, or proceeding
for the following reasons:
(1) mistake, inadvertence, surprise, or excusable
neglect;
(2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial or
rehearing;
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an adverse
party;
(4) that the judgment, decree, or order is void; or
(5) that the judgment, decree, or order has been
satisfied, released, or discharged, or a prior judgment, decree, or
order upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment, decree, or
order should have prospective application.
The motion shall be filed within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
decree, order, or proceeding was entered or taken. A motion under
this subdivision does not affect the finality of a judgment, decree, or
order or suspend its operation. This rule does not limit the power of
a court to entertain an independent action to relieve a party from a
judgment, decree, order, or proceeding or to set aside a judgment,
decree, or order for fraud upon the court.
Writs of coram nobis, coram vobis, audita querela, and bills of
review and bills in the nature of a bill of review are abolished, and
the procedure for obtaining any relief from a judgment or decree
shall be by motion as prescribed in these rules or by an
independent action.
Committee Notes
1992 Amendment. Subdivision (b) is amended to remove the
1 year limitation for a motion under this rule based on fraudulent
financial affidavits in marital cases.
2003 Amendment. Subdivision (b) is amended to clarify that
motions must be filed.
RULE 1.545 cases. FINAL DISPOSITION FORM
A final disposition form (form 1.998) must be filed with the
clerk by the prevailing party at the time of the filing of the order or
judgment which disposes of the action. If the action is settled
without a court order or judgment being entered, or dismissed by
the parties, the plaintiff or petitioner immediately must file a final
disposition form (form 1.998) with the clerk. The clerk must
complete the final disposition form for a party appearing pro se, or
when the action is dismissed by court order for lack of prosecution
pursuant to rule 1.420(e).
Committee Note
2016 Amendment. This rule is identical to former rule
1.100(c)(3).
RULE 1.550 cases. EXECUTIONS AND FINAL PROCESS
(a) Issuance. Executions on judgments must issue during
the life of the judgment on the oral request of the party entitled to it
or that party’s attorney. No execution or other final process will
issue until the judgment on which it is based has been recorded
and the time for serving a motion for new trial or rehearing has run.
If a motion for new trial or rehearing is timely served, no execution
or other final process will issue until it is determined. Execution or
other final process may be issued on special order of the court at
any time after judgment.
(b) Stay. The court before which an execution or other
process based on a final judgment is returnable may stay the
execution or other process and suspend the proceedings for good
cause on motion and notice to all adverse parties.
RULE 1.560 cases. DISCOVERY IN AID OF EXECUTION
(a) In General. In aid of a judgment, decree, or execution the
judgment creditor or the successor in interest, when that interest
appears of record, may obtain discovery from any person, including
the judgment debtor, in the manner provided in these rules.
(b) Fact Information Sheet. In addition to any other
discovery available to a judgment creditor under this rule, the
court, at the request of the judgment creditor, must order the
judgment debtor or debtors to complete form 1.977, including all
required attachments, within 45 days of the order or other
reasonable time as determined by the court. Failure to obey the
order may be considered contempt of court.
(c) Final Judgment Enforcement Paragraph. In any final
judgment, the judge must include the following enforcement
paragraph if requested by the prevailing party or attorney:
“It is further ordered and adjudged that the judgment
debtor(s) must complete under oath Florida Rule of Civil
Procedure Form 1.977 (Fact Information Sheet), including all
required attachments, and serve it on the judgment creditor’s
attorney, or the judgment creditor if the judgment creditor is
not represented by an attorney, within 45 days from the date
of this final judgment, unless the final judgment is satisfied or
post-judgment discovery is stayed.
Jurisdiction of this case is retained to enter further
orders that are proper to compel the judgment debtor(s) to
complete form 1.977, including all required attachments, and
serve it on the judgment creditor’s attorney, or the judgment
creditor if the judgment creditor is not represented by an
attorney.”
(d) Information Regarding Assets of Judgment Debtor’s
Spouse. In any final judgment, if requested by the judgment
creditor, the court must include the additional Spouse Related
Portion of the fact information sheet on a showing that a proper
predicate exists for discovery of separate income and assets of the
judgment debtor’s spouse.
Committee Notes
1972 Amendment. The rule is expanded to permit discovery
in any manner permitted by the rules and conforms to the 1970
change in Federal Rule of Civil Procedure 69(a).
2000 Amendment. Subdivisions (b)–(e) were added and
patterned after Florida Small Claims Rule 7.221(a) and Form 7.343.
Although the judgment creditor is entitled to broad discovery into
the judgment debtor’s finances, Fla. R. Civ. P. 1.280(b); Jim
Appley’s Tru-Arc, Inc. v. Liquid Extraction Systems, 526 So. 2d 177,
179 (Fla. 2d DCA 1988), inquiry into the individual assets of the
judgment debtor’s spouse may be limited until a proper predicate
has been shown. Tru-Arc, Inc., 526 So. 2d at 179; Rose Printing Co.
v. D’Amato, 338 So. 2d 212 (Fla. 3d DCA 1976).
Failure to complete form 1.977 as ordered may be considered
contempt of court.
2013 Amendment. Subdivision (e) was deleted because the
filing of a notice of compliance is unnecessary for the judgment
creditor to seek relief from the court for noncompliance with this
rule, and because the Fact Information Sheet itself should not be
filed with the clerk of the court.
RULE 1.570 cases. ENFORCEMENT OF FINAL JUDGMENTS
(a) Money Judgments. Final process to enforce a judgment
solely for the payment of money shall be by execution, writ of
garnishment, or other appropriate process or proceedings.
(b) Property Recovery. Final process to enforce a judgment
for the recovery of property shall be by a writ of possession for real
property and by a writ of replevin, distress writ, writ of
garnishment, or other appropriate process or proceedings for other
property.
(c) Performance of an Act. If judgment is for the
performance of a specific act or contract:
(1) the judgment shall specify the time within which
the act shall be performed. If the act is not performed within the
time specified, the party seeking enforcement of the judgment shall
make an affidavit that the judgment has not been complied with
within the prescribed time and the clerk shall issue a writ of
attachment against the delinquent party. The delinquent party shall
not be released from the writ of attachment until that party has
complied with the judgment and paid all costs accruing because of
the failure to perform the act. If the delinquent party cannot be
found, the party seeking enforcement of the judgment shall file an
affidavit to this effect and the court shall issue a writ of
sequestration against the delinquent party’s property. The writ of
sequestration shall not be dissolved until the delinquent party
complies with the judgment;
(2) the court may hold the disobedient party in
contempt; or
(3) the court may appoint some person, not a party to
the action, to perform the act insofar as practicable. The
performance of the act by the person appointed shall have the same
effect as if performed by the party against whom the judgment was
entered.
(d) Vesting Title. If the judgment is for a conveyance,
transfer, release, or acquittance of real or personal property, the
judgment shall have the effect of a duly executed conveyance,
transfer, release, or acquittance that is recorded in the county
where the judgment is recorded. A judgment under this subdivision
shall be effective notwithstanding any disability of a party.
(e) Proceedings Supplementary. Proceedings
supplementary to execution and related discovery shall proceed as
provided by chapter 56, Florida Statutes. Notices to Appear, as
defined by law, and supplemental complaints in proceedings
supplementary must be served as provided by the law and rules of
procedure for service of process.
Committee Notes
1980 Amendment. This rule has been subdivided and
amended to make it more easily understood. No change in the
substance of the rule is intended. Subdivision (d) is partly derived
from Federal Rule of Civil Procedure 70.
2018 Amendment. Subdivision (e) has been added to
address legislative amendments to chapter 56, Florida Statutes
(2016).
RULE 1.580 cases. WRIT OF POSSESSION
(a) Issuance. When a judgment or order is for the delivery of
possession of real property, the judgment or order shall direct the
clerk to issue a writ of possession. The clerk shall issue the writ
forthwith and deliver it to the sheriff for execution.
(b) Third-Party Claims. If a person other than the party
against whom the writ of possession is issued is in possession of
the property, that person may retain possession of the property by
filing with the sheriff an affidavit that the person is entitled to
possession of the property, specifying the nature of the claim.
Thereupon the sheriff shall desist from enforcing the writ and shall
serve a copy of the affidavit on the party causing issuance of the
writ of possession. The party causing issuance of the writ may
apply to the court for an order directing the sheriff to complete
execution of the writ. The court shall determine the right of
possession in the property and shall order the sheriff to continue to
execute the writ or shall stay execution of the writ, if appropriate.
Committee Notes
1980 Amendment. There was inadvertently continued the
difference between writs of assistance and writs of possession when
law and chancery procedure was consolidated. The amendment
eliminates the distinction. Writs of assistance are combined with
writs of possession. The amendment provides for issuance and the
determination of third-party claims. The only change is to shift the
burden of the affidavit from the person causing the writ to be
executed to the third person who contends that its execution is
inappropriate.
RULE 1.590 cases. PROCESS IN BEHALF OF AND AGAINST
PERSONS NOT PARTIES
Every person who is not a party to the action who has
obtained an order, or in whose favor an order has been made, may
enforce obedience to such order by the same process as if that
person were a party, and every person, not a party, against whom
obedience to any order may be enforced shall be liable to the same
process for enforcing obedience to such orders as if that person
were a party.
RULE 1.600 cases. DEPOSITS IN COURT
In an action in which any part of the relief sought is a
judgment for a sum of money or the disposition of a sum of money
or the disposition of any other thing capable of delivery, a party may
deposit all or any part of such sum or thing with the court upon
notice to every other party and by leave of court. Money paid into
court under this rule shall be deposited and withdrawn by order of
court.
RULE 1.610 cases. INJUNCTIONS
(a) Temporary Injunction.
(1) A temporary injunction may be granted without
written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by
affidavit or verified pleading that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party
can be heard in opposition; and
(B) the movant’s attorney certifies in writing any
efforts that have been made to give notice and the reasons why
notice should not be required.
(2) No evidence other than the affidavit or verified
pleading shall be used to support the application for a temporary
injunction unless the adverse party appears at the hearing or has
received reasonable notice of the hearing. Every temporary
injunction granted without notice shall be endorsed with the date
and hour of entry and shall be filed forthwith in the clerk’s office
and shall define the injury, state findings by the court why the
injury may be irreparable, and give the reasons why the order was
granted without notice if notice was not given. The temporary
injunction shall remain in effect until the further order of the court.
(b) Bond. No temporary injunction shall be entered unless a
bond is given by the movant in an amount the court deems proper,
conditioned for the payment of costs and damages sustained by the
adverse party if the adverse party is wrongfully enjoined. Unless
otherwise specified by the court, the bond shall be posted within 5
days of entry of the order setting the bond. When any injunction is
issued on the pleading of a municipality or the state or any officer,
agency, or political subdivision thereof, the court may require or
dispense with a bond, with or without surety, and conditioned in
the same manner, having due regard for the public interest. No
bond shall be required for issuance of a temporary injunction
issued solely to prevent physical injury or abuse of a natural
person.
(c) Form and Scope. Every injunction shall specify the
reasons for entry, shall describe in reasonable detail the act or acts
restrained without reference to a pleading or another document,
and shall be binding on the parties to the action, their officers,
agents, servants, employees, and attorneys and on those persons in
active concert or participation with them who receive actual notice
of the injunction.
(d) Motion to Dissolve. A party against whom a temporary
injunction has been granted may move to dissolve or modify it at
any time. If a party moves to dissolve or modify, the motion shall be
heard within 5 days after the movant applies for a hearing on the
motion.
Committee Notes
1980 Amendment. This rule has been extensively amended
so that it is similar to Federal Rule of Civil Procedure 65. The
requirement that an injunction not be issued until a complaint was
filed has been deleted as unnecessary. A pleading seeking an
injunction or temporary restraining order must still be filed before
either can be entered. The rule now provides for a temporary
restraining order without notice that will expire automatically
unless a hearing on a preliminary injunction is held and a
preliminary injunction granted. The contents of an injunctive order
are specified. The binding effect of an injunctive order is specified,
but does not change existing law. Motions to dissolve may be made
and heard at any time. The trial on the merits can be consolidated
with a hearing on issuance of a preliminary injunction, and the trial
can be advanced to accommodate this.
Court Commentary
1984 Amendment. Considerable dissatisfaction arose on the
adoption of the 1980 rule, particularly because of the creation of
the temporary restraining order with its inflexible time limits. See
Sun Tech Inc. of South Florida v. Fortune Personnel Agency of Fort
Lauderdale, 412 So. 2d 962 (Fla. 4th DCA 1982). The attempt to
balance the rights of the parties in 1980 failed because of court
congestion and the inability in the existing circumstances to
accommodate the inflexible time limits. These changes will restore
injunction procedure to substantially the same as that existing
before the 1980 change. The temporary restraining order
terminology and procedure is abolished. The former procedure of
temporary and permanent injunctions is restored. The requirement
of findings and reasons and other details in an injunctive order are
retained.
Subdivision (b) eliminates the need for a bond on a temporary
injunction issued to prevent physical injury or abuse of a natural
person.
Subdivision (e) institutes a requirement that a motion to
dissolve an injunction shall be heard within 5 days after the movant
applies for it. This provision emphasizes the importance of a prompt
determination of the propriety of injunctive relief granted without
notice or, if the circumstances have changed since the issuance of
the injunctive order, the need for speedy relief as a result of the
changes. Former subdivisions (a), (b)(3), and (b)(4) have been
repealed because the new procedure makes them superfluous. The
right of the court to consolidate the hearing on a temporary
injunction with the trial of the action is not affected because that
can still be accomplished under rule 1.270(a).
RULE 1.620 cases. RECEIVERS
(a) Notice. The provisions of rule 1.610 as to notice shall
apply to applications for the appointment of receivers.
(b) Report. Every receiver shall file in the clerk’s office a true
and complete inventory under oath of the property coming under
the receiver’s control or possession under the receiver’s
appointment within 20 days after appointment. Every 3 months
unless the court otherwise orders, the receiver shall file in the same
office an inventory and account under oath of any additional
property or effects which the receiver has discovered or which shall
have come to the receiver’s hands since appointment, and of the
amount remaining in the hands of or invested by the receiver, and
of the manner in which the same is secured or invested, stating the
balance due from or to the receiver at the time of rendering the last
account and the receipts and expenditures since that time. When a
receiver neglects to file the inventory and account, the court shall
enter an order requiring the receiver to file such inventory and
account and to pay out of the receiver’s own funds the expenses of
the order and the proceedings thereon within not more than 20
days after being served with a copy of such order.
(c) Bond. The court may grant leave to put the bond of the
receiver in suit against the sureties without notice to the sureties of
the application for such leave.
RULE 1.625 cases. PROCEEDINGS AGAINST SURETY ON JUDICIAL
BONDS
When any rule or statute requires or permits giving of bond by
a party in a judicial proceeding, the surety on the bond submits to
the jurisdiction of the court when the bond is approved. The surety
must furnish the address for the service of documents affecting the
surety’s liability on the bond to the officer to whom the bond is
given at that time. The liability of the surety may be enforced on
motion without the necessity of an independent action. The motion
must be served on the surety at the address furnished to the officer.
The surety must serve a response to the motion within 20 days after
service of the motion, asserting any defenses in law or in fact. If the
surety fails to serve a response within the time allowed, a default
may be taken. If the surety serves a response, the issues raised
must be decided by the court on reasonable notice to the parties.
The right to jury trial shall not be abridged in any such
proceedings.
Committee Notes
1990 Adoption. This rule is intended to avoid the necessity of
an independent action against a surety on judicial bonds. It does
not abolish an independent action if the obligee prefers to file one.
RULE 1.630 cases. EXTRAORDINARY REMEDIES
(a) Applicability. This rule applies to actions for the
issuance of writs of mandamus, prohibition, quo warranto, and
habeas corpus.
(b) Initial Pleading. The initial pleading must be a
complaint. It must contain:
(1) the facts on which the plaintiff relies for relief;
(2) a request for the relief sought; and
(3) if desired, argument in support of the complaint
with citations of authority.
The caption must show the action filed in the name of the
plaintiff in all cases and not on the relation of the state. When the
complaint seeks a writ directed to a lower court or to a
governmental or administrative agency, a copy of as much of the
record as is necessary to support the plaintiff’s complaint must be
attached.
(c) Time. A complaint must be filed within the time provided
by law.
(d) Process. If the complaint shows a prima facie case for
relief, the court must issue:
(1) an order nisi in prohibition;
(2) an alternative writ in mandamus that may
incorporate the complaint by reference only;
(3) a writ of quo warranto; or
(4) a writ of habeas corpus.
The writ must be served in the manner prescribed by law.
(e) Response. Defendant must respond to the writ as
provided in rule 1.140, but the answer in quo warranto must show
better title to the office when the writ seeks an adjudication of the
right to an office held by the defendant.
Court Commentary
1984 Amendment. Rule 1.630 replaces rules and statutes
used before 1980 when the present Florida Rules of Appellate
Procedure were adopted. Experience has shown that rule 9.100 is
not designed for use in trial court. The times for proceeding, the
methods of proceeding, and the general nature of the procedure is
appellate and presumes that the proceeding is basically an
appellate proceeding. When the extraordinary remedies are sought
in the trial court, these items do not usually exist and thus the rule
is difficult to apply. The uniform procedure concept of rule 9.100
has been retained with changes making the procedure fit trial court
procedure. The requirement of attaching a copy of the record in
subdivision (b) may not be possible within the time allowed for the
initial pleading because of the unavailability of the record. In that
event the plaintiff should file a motion to extend the time to allow
the preparation of the record and supply it when prepared. The
filing of a motion to extend the time should be sufficient to extend it
until the motion can be decided by the court.
Committee Notes
2012 Amendment. Subdivision (d)(5) is amended to reflect
the relocation of the service rule from rule 1.080 to Fla. R. Jud.
Admin. 2.516.
2013 Amendment. Rule 1.630 has been amended to remove
any reference to certiorari proceedings, which instead are governed
by the Florida Rules of Appellate Procedure. The Florida Rules of
Appellate Procedure apply when the circuit courts exercise their
appellate jurisdiction.
RULE 1.650 cases. MEDICAL MALPRACTICE PRESUIT SCREENING
RULE
(a) Scope of Rule. This rule applies only to the procedures
prescribed by section 766.106, Florida Statutes, for presuit
screening of claims for medical malpractice.
(b) Service of Notice of Intent to Initiate Litigation.
(1) Before filing a complaint for medical negligence, a
claimant must serve a notice of intent to initiate litigation on each
prospective defendant by any of the verifiable means provided by
section 766.106(2)(a), Florida Statutes. A notice served on any
prospective defendant must operate as notice to that prospective
defendant and any other prospective defendant who bears a legal
relationship to the prospective defendant served with the notice.
The notice must make the served prospective defendant a party to
the proceeding under this rule.
(2) The notice must include the names and addresses
of all other parties and must be sent to each party.
(3) If, during subsequent litigation, service is
challenged in the first response to the complaint, the court must
conduct an evidentiary hearing as provided by section
766.106(2)(b)(2), Florida Statutes.
(c) Discovery.
(1) Types. After a prospective defendant has been
served with a notice of intent to initiate litigation, the parties may
obtain presuit screening discovery by 1 or more of the following
methods: unsworn statements on oral examination; production of
documents or things; physical examinations; written questions; and
unsworn statements of treating health care providers. Unless
otherwise provided in this rule, the parties must make discoverable
information available without formal discovery. Evidence of failure
to comply with this rule may be grounds for dismissal of claims or
defenses ultimately asserted
(2) Procedures for Conducting.
(A) Unsworn Statements. Any party may require
other parties to appear for the taking of an unsworn statement. The
statements must only be used for the purpose of presuit screening
and are not discoverable or admissible in any civil action for any
purpose by any party. A party desiring to take the unsworn
statement of any party must give reasonable notice in writing to all
parties. The notice must state the time and place for taking the
statement and the name and address of the party to be examined.
Unless otherwise impractical, the examination of any party must be
done at the same time by all other parties. Any party may be
represented by an attorney at the taking of an unsworn statement.
Statements may be transcribed or electronically recorded, or
audiovisually recorded. The taking of unsworn statements of minors
is subject to the provisions of rule 1.310(b)(8). The taking of
unsworn statements is subject to the provisions of rule 1.310(d)
and may be terminated for abuses. If abuses occur, the abuses
must be evidence of failure of that party to comply with the good
faith requirements of section 766.106, Florida Statutes.
(B) Documents or Things. At any time after service
of a notice of intent to initiate litigation on a prospective defendant,
a party may request discoverable documents or things. The
documents or things must be produced at the expense of the
requesting party within 20 days of serving the request. A party is
required to produce discoverable documents or things within that
party’s possession or control. Copies of documents produced in
response to the request of any party must be served on all other
parties. The party serving the documents must list the name and
address of the parties on whom the documents were served, the
date of service, the manner of service, and the identity of the
document served in the certificate of service. Failure of a party to
comply with the above time limits must not relieve that party of its
obligation under the statute but must be evidence of failure of that
party to comply with the good faith requirements of section
766.106, Florida Statutes.
(C) Physical Examinations. After a prospective
defendant has been served with a notice of intent to initiate
litigation and within the presuit screening period, a party may
require a claimant to submit to a physical examination. The party
must give reasonable notice in writing to all parties of the time and
place of the examination. Unless otherwise impractical, a claimant
must be required to submit to only one examination on behalf of all
parties. The practicality of a single examination must be determined
by the nature of the claimant’s condition as it relates to the
potential liability of each party. The report of examination must be
made available to all parties on payment of the reasonable cost of
reproduction. The report must not be provided to any person not a
party at any time. The report must only be used for the purpose of
presuit screening and the examining physician may not testify
concerning the examination in any subsequent civil action. All
requests for physical examinations or notices of unsworn
statements must be in writing and a copy served on all parties. The
requests or notices must bear a certificate of service identifying the
name and address of the person on whom the request or notice is
served, the date of the request or notice, and the manner of service.
Any minor required to submit to examination under this rule must
have the right to be accompanied by a parent or guardian at all
times during the examination, except on a showing that the
presence of a parent or guardian is likely to have a material,
negative impact on the minor’s examination.
(D) Written Questions. Any party may request
answers to written questions, the number of which may not exceed
30, including subparts. The party to whom the written questions
are directed must respond within 20 days of service of the
questions. Copies of the answers to the written questions must be
served on all other parties. The party serving the answer to the
written questions shall list the name and address of the parties on
whom the answers to the written questions were served, the date of
service, and the manner of service in the certificate of service.
Failure of a party to comply with the above time limits will not
relieve that party of its obligation under the statute, but will be
evidence of failure of that party to comply with the good faith
requirements of section 766.106, Florida Statutes.
(E) Unsworn Statements of Treating Healthcare
Providers. A prospective defendant or his or her legal representative
may also take unsworn statements of the claimant’s treating
healthcare providers. The statements must be limited to those areas
that are potentially relevant to the claim of personal injury or
wrongful death. Subject to the procedural requirements of
subdivision (c)(2)(A), a prospective defendant may take unsworn
statements from claimant’s treating health care providers. The
statements must only be used for the purpose of presuit screening
and are not discoverable or admissible in any civil action for any
purpose by any party. A party desiring to take the unsworn
statement of treating healthcare providers must give reasonable
notice in writing to all parties. The notice must state the time and
place for taking the statement and the name and address of the
treating healthcare provider to be examined. Unless otherwise
impractical, the examination of any treating healthcare provider
must be done at the same time by all other parties. Any party may
be represented by an attorney at the taking of an unsworn
statement of treating healthcare providers. Statements may be
transcribed or electronically recorded, or audiovisually recorded.
The taking of unsworn statements of a treating healthcare provider
is subject to the provisions of rule 1.310(d) and may be terminated
for abuses. If abuses occur, the abuses will be evidence of failure of
that party to comply with the good faith requirements of section
766.106, Florida Statutes.
(3) Work Product. Work product generated by the
presuit screening process that is subject to exclusion in a
subsequent proceeding is limited to verbal or written
communications that originate under the presuit screening process.
(d) Time Requirements.
(1) Before the expiration of any applicable statute of
limitations or statute of repose, the notice of intent to initiate
litigation must be mailed to the prospective defendant as provided
in sections 766.106(2)(a)1.–3., Florida Statutes, or an attempt to
serve the prospective defendant must be made in accordance with
section 766.106(2)(a)4., Florida Statutes. If an extension has been
granted under section 766.104(2), Florida Statutes, or by agreement
of the parties, the notice must be mailed or service first attempted
within the extended period.
(2) A suit may not be filed against any prospective
defendant for a period of 90 days after the notice of intent to initiate
litigation was delivered to that party. A suit may be filed against any
party at any time after the notice of intent to initiate litigation has
been served and after the claimant has received a written rejection
of the claim from that party.
(3) To avoid being barred by the applicable statute of
limitations, an action must be filed within 60 days or within the
remainder of the time of the statute of limitations after the notice of
intent to initiate litigation was served, whichever is longer, after the
earliest of the following:
(A) The expiration of 90 days after the date of
service of the notice of intent to initiate litigation.
(B) The expiration of 180 days after service of the
notice of intent to initiate litigation if the claim is controlled by
section 768.28(6)(a), Florida Statutes.
(C) Receipt by claimant of a written rejection of the
claim.
(D) The expiration of any extension of the 90-day
presuit screening period stipulated to by the parties in accordance
with section 766.106(4), Florida Statutes.
Committee Notes
2000 Amendment. The reference to the statute of repose was
added to subdivision (d)(1) pursuant to Musculoskeletal Institute
Chartered v. Parham, 745 So.2d 946 (Fla. 1999).
RULE 1.700 cases. RULES COMMON TO MEDIATION AND
ARBITRATION
(a) Referral by Presiding Judge or by Stipulation. Except
as hereinafter provided or as otherwise prohibited by law, the
presiding judge may enter an order referring all or any part of a
contested civil matter to mediation or arbitration. The parties to any
contested civil matter may file a written stipulation to mediate or
arbitrate any issue between them at any time. The order of referral
or written stipulation may provide for mediation or arbitration to be
conducted in person, through the use of communication technology
as that term is defined in Florida Rule of General Practice and
Judicial Administration 2.530, or by a combination thereof. Absent
direction in the order of referral, mediation or arbitration must be
conducted in person, unless the parties stipulate or the court, on
its own motion or on motion by a party, otherwise orders that the
proceeding be conducted by communication technology or by a
combination of communication technology and in-person
participation.
(1) Conference or Hearing Date. Unless otherwise
ordered by the court, the first mediation conference or arbitration
hearing must be held within 60 days of the order of referral.
(2) Notice. Within 15 days after the designation of the
mediator or the arbitrator, the court or its designee, who may be the
mediator or the chief arbitrator, must notify the parties in writing of
the date, the time, and, as applicable, the place of the conference or
hearing and the instructions for access to communication
technology that will be used for the conference or hearing, unless
the order of referral, other order of the court or written stipulation
specifies this information.
(b) Motion to Dispense with Mediation and Arbitration. A
party may move, within 15 days after the order of referral, to
dispense with mediation or arbitration, if:
(1) the issue to be considered has been previously
mediated or arbitrated between the same parties pursuant to
Florida law;
(2) the issue presents a question of law only;
(3) the order violates rule 1.710(b) or rule 1.800; or
(4) other good cause is shown.
(c) Motion to Defer Mediation or Arbitration. Within 15
days of the order of referral, any party may file a motion with the
court to defer the proceeding. The movant shall set the motion to
defer for hearing prior to the scheduled date for mediation or
arbitration. Notice of the hearing shall be provided to all interested
parties, including any mediator or arbitrator who has been
appointed. The motion shall set forth, in detail, the facts and
circumstances supporting the motion. Mediation or arbitration shall
be tolled until disposition of the motion.
(d) Disqualification of a Mediator or Arbitrator. Any party
may move to enter an order disqualifying a mediator or an
arbitrator for good cause. If the court rules that a mediator or
arbitrator is disqualified from hearing a case, an order shall be
entered setting forth the name of a qualified replacement. Nothing
in this provision shall preclude mediators or arbitrators from
disqualifying themselves or refusing any assignment. The time for
mediation or arbitration shall be tolled during any periods in which
a motion to disqualify is pending.
RULE 1.710 cases. MEDIATION RULES
(a) Completion of Mediation. Mediation shall be completed
within 45 days of the first mediation conference unless extended by
order of the court or by stipulation of the parties.
(b) Exclusions from Mediation. A civil action shall be
ordered to mediation or mediation in conjunction with arbitration
upon stipulation of the parties. A civil action may be ordered to
mediation or mediation in conjunction with arbitration upon motion
of any party or by the court, if the judge determines the action to be
of such a nature that mediation could be of benefit to the litigants
or the court. Under no circumstances may the following categories
of actions be referred to mediation:
(1) Bond estreatures.
(2) Habeas corpus and extraordinary writs.
(3) Bond validations.
(4) Civil or criminal contempt.
(5) Other matters as may be specified by administrative
order of the chief judge in the circuit.
(c) Discovery. Unless stipulated by the parties or ordered by
the court, the mediation process shall not suspend discovery.
Committee Notes
1994 Amendment. The Supreme Court Committee on
Mediation and Arbitration Rules encourages crafting a combination
of dispute resolution processes without creating an unreasonable
barrier to the traditional court system.
RULE 1.720 cases. MEDIATION PROCEDURES
(a) Interim or Emergency Relief. A party may apply to the
court for interim or emergency relief at any time. Mediation shall
continue while such a motion is pending absent a contrary order of
the court, or a decision of the mediator to adjourn pending
disposition of the motion. Time for completing mediation shall be
tolled during any periods when mediation is interrupted pending
resolution of such a motion.
(b) Appearance at Mediation. A party is deemed to appear
at a mediation conference if the following persons are physically
present, or if authorized under rule 1.700(a), participating through
the use of communication technology:
(1) The party or a party representative having full
authority to settle without further consultation; and
(2) The party’s counsel of record, if any; and
(3) A representative of the insurance carrier for any
insured party who is not such carrier’s outside counsel and who
has full authority to settle in an amount up to the amount of the
plaintiff’s last demand or policy limits, whichever is less, without
further consultation.
(c) Party Representative Having Full Authority to Settle.
A “party representative having full authority to settle” shall mean
the final decision maker with respect to all issues presented by the
case who has the legal capacity to execute a binding settlement
agreement on behalf of the party. Nothing herein shall be deemed to
require any party or party representative who appears at a
mediation conference in compliance with this rule to enter into a
settlement agreement.
(d) Appearance by Public Entity. If a party to mediation is
a public entity required to operate in compliance with chapter 286,
Florida Statutes, that party is deemed to appear at a mediation
conference by the presence of a representative with full authority to
negotiate on behalf of the entity and to recommend settlement to
the appropriate decision-making body of the entity. Such
representative may be physically present or, if authorized under
rule 1.700 (a), may participate through the use of communication
technology.
(e) Certification of Authority. Unless otherwise stipulated
by the parties, each party, 10 days prior to appearing at a
mediation conference, must file with the court and serve all parties
a written notice identifying the person or persons who will appear at
the mediation conference as a party representative or as an
insurance carrier representative, and confirming that those persons
have the authority required by subdivision (b).
(f) Sanctions for Failure to Appear. If a party fails to
appear at a duly noticed mediation conference without good cause,
the court, upon motion, shall impose sanctions, including award of
mediation fees, attorneys’ fees, and costs, against the party failing
to appear. The failure to file a confirmation of authority required
under subdivision (e) above, or failure of the persons actually
identified in the confirmation to appear at the mediation conference,
shall create a rebuttable presumption of a failure to appear.
(g) Adjournments. The mediator may adjourn the mediation
conference at any time and may set times for reconvening the
adjourned conference notwithstanding rule 1.710(a). No further
notification is required for parties present at the adjourned
conference.
(h) Counsel. The mediator shall at all times be in control of
the mediation and the procedures to be followed in the mediation.
Counsel shall be permitted to communicate privately with their
clients. In the discretion of the mediator and with the agreement of
the parties, mediation may proceed in the absence of counsel
unless otherwise ordered by the court.
(i) Communication with Parties or Counsel. The mediator
may meet and consult privately with any party or parties or their
counsel.
(j) Appointment of the Mediator.
(1) Within 10 days of the order of referral, the parties
may agree upon a stipulation with the court designating:
(A) a certified mediator, other than a senior judge
presiding over civil cases as a judge in that circuit; or
(B) a mediator, other than a senior judge, who is
not certified as a mediator but who, in the opinion of the parties
and upon review by the presiding judge, is otherwise qualified by
training or experience to mediate all or some of the issues in the
particular case.
(2) If the parties cannot agree upon a mediator within
10 days of the order of referral, the plaintiff or petitioner shall so
notify the court within 10 days of the expiration of the period to
agree on a mediator, and the court shall appoint a certified
mediator selected by rotation or by such other procedures as may
be adopted by administrative order of the chief judge in the circuit
in which the action is pending. At the request of either party, the
court shall appoint a certified circuit court mediator who is a
member of The Florida Bar.
(3) If a mediator agreed upon by the parties or
appointed by a court cannot serve, a substitute mediator can be
agreed upon or appointed in the same manner as the original
mediator. A mediator shall not mediate a case assigned to another
mediator without the agreement of the parties or approval of the
court. A substitute mediator shall have the same qualifications as
the original mediator.
(k) Compensation of the Mediator. The mediator may be
compensated or uncompensated. When the mediator is
compensated in whole or part by the parties, the presiding judge
may determine the reasonableness of the fees charged by the
mediator. In the absence of a written agreement providing for the
mediator’s compensation, the mediator shall be compensated at the
hourly rate set by the presiding judge in the referral order. Where
appropriate, each party shall pay a proportionate share of the total
charges of the mediator. Parties may object to the rate of the
mediator’s compensation within 15 days of the order of referral by
serving an objection on all other parties and the mediator.
Committee Notes
2011 Amendment. Mediated settlement conferences pursuant
to this rule are meant to be conducted when the participants
actually engaged in the settlement negotiations have full authority
to settle the case without further consultation. New language in
subdivision (c) now defines “a party representative with full
authority to settle” in two parts. First, the party representative must
be the final decision maker with respect to all issues presented by
the case in question. Second, the party representative must have
the legal capacity to execute a binding agreement on behalf of the
settling party. These are objective standards. Whether or not these
standards have been met can be determined without reference to
any confidential mediation communications. A decision by a party
representative not to settle does not, in and of itself, signify the
absence of full authority to settle. A party may delegate full
authority to settle to more than one person, each of whom can serve
as the final decision maker. A party may also designate multiple
persons to serve together as the final decision maker, all of whom
must appear at mediation.
New subdivision (e) provides a process for parties to identify
party representative and representatives of insurance carriers who
will be attending the mediation conference on behalf of parties and
insurance carriers and to confirm their respective settlement
authority by means of a direct representation to the court. If
necessary, any verification of this representation would be upon
motion by a party or inquiry by the court without involvement of the
mediator and would not require disclosure of confidential mediation
communications. Nothing in this rule shall be deemed to impose
any duty or obligation on the mediator selected by the parties or
appointed by the court to ensure compliance.
The concept of self determination in mediation also
contemplates the parties’ free choice in structuring and organizing
their mediation sessions, including those who are to participate.
Accordingly, elements of this rule are subject to revision or
qualification with the mutual consent of the parties.
RULE 1.730 cases. COMPLETION OF MEDIATION
(a) No Agreement. If the parties do not reach an agreement
as to any matter as a result of mediation, the mediator must report
the lack of an agreement to the court without comment or
recommendation. With the consent of the parties, the mediator’s
report may also identify any pending motions or outstanding legal
issues, discovery process, or other action by any party which, if
resolved or completed, would facilitate the possibility of a
settlement.
(b) Agreement. If a partial or final agreement is reached, it
must be reduced to writing and signed by each party or the party’s
representative having full authority to settle under rule 1.720(c).
Signatures may be original or electronic and may be in
counterparts. The agreement must be filed when required by law or
with the parties’ consent. A report of the agreement must be
submitted to the court or a stipulation of dismissal will be filed. By
stipulation of the parties, the agreement may be transcribed or
electronically recorded. In such event, the transcript may be filed
with the court. The mediator must report the existence of the signed
or transcribed agreement to the court without comment within 10
days. No partial or final agreement under this rule may be reported
to the court except as provided in this rule.
(c) Enforceability. The parties may not object to the
enforceability of an agreement on the ground that communication
technology was used for participation in the mediation conference if
the use was authorized under rule 1.700(a).
(d) Imposition of Sanctions. In the event of any breach or
failure to perform under the agreement, the court on motion may
impose sanctions, including costs, attorneys’ fees, or other
appropriate remedies including entry of judgment on the
agreement.
Committee Notes
1996 Amendment. Subdivision (b) is amended to provide for
partial settlements, to clarify the procedure for concluding
mediation by report or stipulation of dismissal, and to specify the
procedure for reporting mediated agreements to the court. The
reporting requirements are intended to ensure the confidentiality
provided for in section 44.102(3), Florida Statutes, and to prevent
premature notification to the court.
RULE 1.750 cases. COUNTY COURT ACTIONS
(a) Applicability. This rule applies to the mediation of
county court matters and issues only and controls over conflicting
provisions in rules 1.700, 1.710, 1.720, and 1.730.
(b) Limitation on Referral to Mediation. When a mediation
program utilizing volunteer mediators is unavailable or otherwise
inappropriate, county court matters may be referred to a mediator
or mediation program which charges a fee. Such order of referral
shall advise the parties that they may object to mediation on
grounds of financial hardship or on any ground set forth in rule
1.700(b). If a party objects, mediation shall not be conducted until
the court rules on the objection. The court may consider the
amount in controversy, the objecting party’s ability to pay, and any
other pertinent information in determining the propriety of the
referral. When appropriate, the court shall apportion mediation fees
between the parties.
(c) Scheduling. In small claims actions, the mediator shall
be appointed and the mediation conference held during or
immediately after the pretrial conference unless otherwise ordered
by the court. In no event shall the mediation conference be held
more than 14 days after the pretrial conference.
(d) Appointment of the Mediator. In county court actions
not subject to the Florida Small Claims Rules, rule 1.720(f) shall
apply unless the case is sent to a mediation program provided at no
cost to the parties.
(e) Appearance at Mediation. In small claims actions, an
attorney may appear on behalf of a party at mediation provided that
the attorney has full authority to settle without further
consultation. Unless otherwise ordered by the court, a nonlawyer
representative may appear on behalf of a party to a small claims
mediation if the representative has the party’s signed written
authority to appear and has full authority to settle without further
consultation. In either event, the party need not appear in person.
In any other county court action, a party will be deemed to appear if
the persons set forth in rule 1.720(b) are physically present or, if
authorized under rule 1.700(a), participating through the use of
communication technology.
(f) Agreement. Any agreements reached as a result of small
claims mediation must be written in the form of a stipulation. The
stipulation may be entered as an order of the court. Signatures for
the stipulation may be original, electronic, or facsimile and may be
in counterparts.
RULE 1.800 cases. EXCLUSIONS FROM ARBITRATION
A civil action shall be ordered to arbitration or arbitration in
conjunction with mediation upon stipulation of the parties. A civil
action may be ordered to arbitration or arbitration in conjunction
with mediation upon motion of any party or by the court, if the
judge determines the action to be of such a nature that arbitration
could be of benefit to the litigants or the court. Under no
circumstances may the following categories of actions be referred to
arbitration:
(1) Bond estreatures.
(2) Habeas corpus or other extraordinary writs.
(3) Bond validations.
(4) Civil or criminal contempt.
(5) Such other matters as may be specified by order of the
chief judge in the circuit.
Committee Notes
1994 Amendment. The Supreme Court Committee on
Mediation and Arbitration Rules encourages crafting a combination
of dispute resolution processes without creating an unreasonable
barrier to the traditional court system.
RULE 1.810 cases. SELECTION AND COMPENSATION OF
ARBITRATORS
(a) Selection. The chief judge of the circuit or a designee
shall maintain a list of qualified persons who have agreed to serve
as arbitrators. Cases assigned to arbitration shall be assigned to an
arbitrator or to a panel of 3 arbitrators. The court shall determine
the number of arbitrators and designate them within 15 days after
service of the order of referral in the absence of an agreement by the
parties. In the case of a panel, one of the arbitrators shall be
appointed as the chief arbitrator. Where there is only one arbitrator,
that person shall be the chief arbitrator.
(b) Compensation. The chief judge of each judicial circuit
shall establish the compensation of arbitrators subject to the
limitations in section 44.103(3), Florida Statutes.
Committee Notes
2003 Amendment. The statutory reference in subdivision (b)
is changed to reflect changes in the statutory numbering.
RULE 1.820 cases. HEARING PROCEDURES FOR NON-BINDING
ARBITRATION
(a) Authority of the Chief Arbitrator. The chief arbitrator
has authority to commence and adjourn the arbitration hearing and
carry out other duties under section 44.103, Florida Statutes. The
chief arbitrator does not have authority to hold any person in
contempt or to in any way impose sanctions against any person.
(b) Conduct of the Arbitration Hearing.
(1) The chief judge of each judicial circuit must set
procedures for determining the time and place of the arbitration
hearing and may establish other procedures for the expeditious and
orderly operation of the arbitration hearing to the extent such
procedures are not in conflict with any rules of court.
(2) Hearing procedures must be included in the notice
of arbitration hearing sent to the parties and arbitration panel.
(3) Individual parties or authorized representatives of
corporate parties must attend the arbitration hearing unless
excused in advance by the chief arbitrator for good cause shown.
(c) Rules of Evidence. The hearing must be conducted
informally. Presentation of testimony must be kept to a minimum,
and matters must be presented to the arbitrator(s) primarily
through the statements and arguments of counsel.
(d) Orders. The chief arbitrator may issue instructions as
are necessary for the expeditious and orderly conduct of the
hearing. The chief arbitrator’s instructions are not appealable. On
notice to all parties the chief arbitrator may apply to the presiding
judge for orders directing compliance with such instructions.
Instructions enforced by a court order are appealable as are other
orders of the court.
(e) Default of a Party. When a party fails to appear at a
hearing, the chief arbitrator may proceed with the hearing, and the
arbitration panel must render a decision based on the facts and
circumstances as presented by the parties present.
(f) Record and Transcript. Any party may have a record
and transcript made of the arbitration hearing at that party’s
expense.
(g) Completion of the Arbitration Process.
(1) Arbitration must be completed within 30 days of the
first arbitration hearing unless extended by order of the court on
motion of the chief arbitrator or of a party. Extensions of time must
not exceed 60 days from the date of the first arbitration hearing.
(2) On the completion of the arbitration process, the
arbitrator(s) must render a decision. In the case of a panel, a
decision must be final on a majority vote of the panel.
(3) Within 10 days of the final adjournment of the
arbitration hearing, the arbitrator(s) shall notify the parties, in
writing, of their decision. The arbitration decision may set forth the
issues in controversy and the arbitrator(’s)(s’) conclusions and
findings of fact and law. The arbitrator(’s)(s’) decision and the
originals of any transcripts shall be sealed and filed with the clerk
at the time the parties are notified of the decision.
(4) Any transcripts or exhibits used in the arbitration
must, unless otherwise ordered by the court or agreed by the
parties, be retained by the party who introduced the transcripts or
exhibits until the conclusion of the case, or until otherwise ordered
by the court.
(h) Notice of Rejection of the Arbitration Decision and
Request for Trial. To reject the arbitration decision, within 20 days
of service of the arbitrator(’s)(s’) written decision, any party must file
a notice of rejection of the arbitration decision and request for trial
in the same document. No action or inaction by any party, other
than the filing of the notice, will be deemed a rejection of the
arbitration decision. If a notice of rejection of the arbitration
decision and request for trial is filed by any party, any party having
a third-party claim at issue at the time of arbitration may file a
notice of rejection of the arbitration decision and request for trial
within 10 days of service of the first notice of rejection of the
arbitration decision and request for trial. If a notice of rejection of
the arbitration decision and request for trial is not made within 20
days of service on the parties of the decision, the decision must be
referred to the presiding judge, who must enter such orders and
judgments as may be required to carry out the terms of the decision
as provided by section 44.103(5), Florida Statutes.
Committee Notes
1988 Adoption. Arbitration proceedings should be informal
and expeditious. The court should take into account the nature of
the proceedings when determining whether to award costs and
attorneys’ fees after a trial de novo. Counsel are free to file
exceptions to an arbitration decision or award at the time it is to be
considered by the court. The court should consider such exceptions
when determining whether to award costs and attorneys’ fees. The
court should consider rule 1.442 concerning offers of judgment and
section 45.061, Florida Statutes (1985), concerning offers of
settlement, as statements of public policy in deciding whether fees
should be awarded.
1994 Amendment. The Supreme Court Committee on
Mediation and Arbitration Rules recommends that a copy of the
local arbitration procedures be disseminated to the local bar.
2003 Amendment. The statutory reference in subdivision (h)
is changed to reflect changes in the statutory numbering.
2007 Amendment. Subdivision (h) is amended to avoid the
unintended consequences for defendants with third-party claims
who prevailed at arbitration but could not pursue those claims in a
circuit court action because no motion for trial was filed despite a
plaintiff or plaintiffs having filed a motion for trial that covered
those claims. See State Dept. of Transportation v. BellSouth
Telecommunications, Inc., 859 So. 2d 1278 (Fla. 4th DCA 2003).
RULE 1.830 cases. VOLUNTARY BINDING ARBITRATION
(a) Absence of Party Agreement.
(1) Compensation. In the absence of an agreement by
the parties as to compensation of the arbitrator(s), the court shall
determine the amount of compensation subject to the provisions of
section 44.104(3), Florida Statutes.
(2) Hearing Procedures. Subject to these rules and
section 44.104, Florida Statutes, the parties may, by written
agreement before the hearing, establish the hearing procedures for
voluntary binding arbitration, including the use of communication
technology as that term is defined in Florida Rule of General
Practice and Judicial Administration 2.530. In the absence of such
agreement, the court shall establish the hearing procedures.
(b) Record and Transcript. A record and transcript may be
made of the arbitration hearing if requested by any party or at the
direction of the chief arbitrator. The record and transcript may be
used in subsequent legal proceedings subject to the Florida Rules of
Evidence.
(c) Arbitration Decision and Appeal.
(1) The arbitrator(s) shall serve the parties with notice
of the decision and file the decision with the court within 10 days of
the final adjournment of the arbitration hearing.
(2) A voluntary binding arbitration decision may be
appealed within 30 days after service of the decision on the parties.
Appeal is limited to the grounds specified in section 44.104(10),
Florida Statutes.
(3) If no appeal is filed within the time period set out in
subdivision (2) of this rule, the decision shall be referred to the
presiding judge who shall enter such orders and judgments as
required to carry out the terms of the decision as provided under
section 44.104, Florida Statutes.
RULE 1.900 cases. FORMS
(a) Process. The following forms of process, notice of lis
pendens, and notice of action are sufficient. Variations from the
forms do not void process or notices that are otherwise sufficient.
(b) Other Forms. The other forms are sufficient for the
matters that are covered by them. So long as the substance is
expressed without prolixity, the forms may be varied to meet the
facts of a particular case.
(c) Formal Matters. Captions, except for the designation of
the document, are omitted from the forms. A general form of
caption is the first form. Signatures are omitted from pleadings and
motions.
FORM 1.901 CAPTION
(a) General Form
(name of court)
A.B., )
Plaintiff, )
)
-vs- ) No. ……….
C.D., )
Defendant )
)
(designation of pleading)
(b) Petition.
(name of court)
In re the Petition )
A.B for (type of ) No. ……….
relief) )
PETITION FOR (type of relief)
(c) In rem proceedings.
(name of court)
In re (name of general )
description of property) ) No. ……….
(designation of pleading)
(d) Forfeiture proceedings.
(name of court)
In re (name or general )
description of property) ) No. ……….
Committee Notes
1980 Amendment. Subdivision (b) is added to show the form of caption
for a petition.
2010 Amendment. Subdivision (c) and (d) are added to show the form of
caption for in rem proceedings, including in rem forfeiture proceedings.
FORM 1.902 SUMMONS
(a) General Form.
SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the
complaint or petition in this action on defendant ...........
Each defendant is required to serve written defenses to the complaint or
petition on ………., plaintiff’s attorney, whose address is ………., within 20
days1 after service of this summons on that defendant, exclusive of the day of
service, and to file the original of the defenses with the clerk of this court either
before service on plaintiff’s attorney or immediately thereafter. If a defendant
fails to do so, a default will be entered against that defendant for the relief
demanded in the complaint or petition.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By .
As Deputy Clerk
(b) Form for Personal Service on Natural Person.
SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
1 Except when suit is brought pursuant to section 768.28, Florida Statutes, if
the State of Florida, one of its agencies, or one of its officials or employees sued
in his or her official capacity is a defendant, the time to be inserted as to it is
40 days. When suit is brought pursuant to section 768.28, Florida Statutes,
the time to be inserted is 30 days.
YOU ARE COMMANDED to serve this summons and a copy of the
complaint in this lawsuit on defendant ...........
DATED on ...........
CLERK OF THE CIRCUIT COURT
(SEAL)
(Name of Clerk)
As Clerk of the Court
By .
As Deputy Clerk
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after
this summons is served on you to file a written response to the attached
complaint with the clerk of this court. A phone call will not protect you. Your
written response, including the case number given above and the names of the
parties, must be filed if you want the court to hear your side of the case. If you
do not file your response on time, you may lose the case, and your wages,
money, and property may thereafter be taken without further warning from the
court. There are other legal requirements. You may want to call an attorney
right away. If you do not know an attorney, you may call an attorney referral
service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file
your written response to the court you must also mail or take a copy of your
written response to the “Plaintiff/Plaintiff’s Attorney” named below.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
IMPORTANTE
Usted ha sido demandado legalmente. Tiene 20 días, contados a partir
del recibo de esta notificación, para contestar la demanda adjunta, por escrito,
y presentarla ante este tribunal. Una llamada telefónica no lo protegerá. Si
usted desea que el tribunal considere su defensa, debe presentar su respuesta
por escrito, incluyendo el numero del caso y los nombres de las partes
interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso
y podría ser despojado de sus ingresos y propiedades, o privado de sus
derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo
desea, puede usted consultar a un abogado inmediatamente. Si no conoce a un
abogado, puede llamar a una de las oficinas de asistencia legal que aparecen
en la guía telefónica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que
presenta su respuesta ante el tribunal, debera usted enviar por correo o
entregar una copia de su respuesta a la persona denominada abajo como
“Plaintiff/Plaintiff’s Attorney” (Demandante o Abogado del Demandante).
Si usted es una persona minusválida que necesita algún
acomodamiento para poder participar en este procedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga
la amabilidad de ponerse en contacto con [identify applicable court
personnel by name, address, and telephone number], por lo menos 7 días
antes de la cita fijada para su comparecencia en los tribunales, o
inmediatamente después de recibir esta notificación si el tiempo antes de
la comparecencia que se ha programado es menos de 7 días; si usted tiene
discapacitación del oído o de la voz, llame al 711.
IMPORTANT
Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20
jours consecutifs a partir de la date de l’assignation de cette citation pour
deposer une reponse ecrite a la plainte ci-jointe aupres de ce tribunal. Un
simple coup de telephone est insuffisant pour vous proteger. Vous etes obliges
de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus
et du nom des parties nommees ici, si vous souhaitez que le tribunal entende
votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis,
vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos
biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal.
Il y a d’autres obligations juridiques et vous pouvez requerir les services
immediats d’un avocat. Si vous ne connaissez pas d’avocat, vous pourriez
telephoner a un service de reference d’avocats ou a un bureau d’assistance
juridique (figurant a l’annuaire de telephones).
Si vous choisissez de deposer vous-meme une reponse ecrite, il vous
faudra egalement, en meme temps que cette formalite, faire parvenir ou
expedier une copie de votre reponse ecrite au “Plaintiff/Plaintiff’s Attorney”
(Plaignant ou a son avocat) nomme ci-dessous.
Si vous êtes une personne handicapée qui a besoin de mesures
d'adaptation pour participer à cette procédure, vous avez droit, sans frais
pour vous, à une certaine assistance. Veuillez contacter [identify
applicable court personnel by name, address, and telephone number] au
moins 7 jours avant votre comparution prévue au tribunal, ou
immédiatement après avoir reçu cette notification si le délai avant la
comparution prévue est inférieur à 7 jours; si vous êtes malentendant ou
avez un trouble de la parole, appelez le 711.
ENPÒTAN
Pwosedi legal yo te pran kont ou. Ou gen 20 jou konsekitif ki soti nan dat
konklizyon sa a pou ou ranpli yon repons alekri pou plent sa a nan tribinal sa
a. Yon apel telefon ki senp se pa ase pou pwoteje ou. Ou oblije ranpli repons
alekri ou a, ak nimewo a dosye pi wo a ak non pati yo ki te nonmen isit la, si
ou vle tribinal la tande ka w la. Si ou pa ranpli repons alekri ou nan rele egzije
a, ou riske pedi koz la ak sale ou, lajan ou, ak pwopriyete ou yo ka mete men
sou pita, san okenn lot avi nan tribinal la. Gen lot obligasyon legal epi ou ka
mande sevis imedya yon avoka. Si ou pa konnen yon avoka, ou ka rele yon
sèvis referans avoka oswa yon biwo ed legal (ki nan lis nan anye telefon).
Si ou chwazi pou ou soumet yon repons alekri tet ou, ou pral bezwen tou
voye oswa voye yon kopi repons ekri ou nan fòm sa a an menm tan an tankou
fomalite sa a “Avoka Pleyan/ Pwokire a” (Pleyan oswa avoka li) non anba a.
Si ou se yon moun ki enfim ki bezwen akomodasyon pou w kab
patisipe nan pwosedi sa a, ou gen dwa, san ou pa bezwen peye okenn
lajan, pou w jwenn yon sèten èd. Tanpri kontakte [identify applicable
court personnel by name], Kòdonatris pwogram Lwa Ameriken pou Moun
ki Enfim yo nan [identify court personnel’s address and telephone
number], fè sa omwen 7 jou anvan dat ou gen randevou pou parèt nan
Tribinal la, oswa fè sa imedyatman apre ou fin resevwa konvokasyon an si
dat ou gen pou w parèt nan tribinal la mwens pase 7 jou; si ou gen
pwoblèm pou w tande byen oswa pou w pale klè, rele 711.
Plaintiff/Plaintiff’s Attorney
……….
……….
Address
Florida Bar No. ……….
(c) Forms for Service by Mail.
(1) Notice of Lawsuit and Request for Waiver of Service of
Process.
NOTICE OF COMMENCEMENT OF ACTION
TO: (Name of defendant or defendant’s representative)
A lawsuit has been commenced against you (or the entity on whose
behalf you are addressed). A copy of the complaint is attached to this notice.
The complaint has been filed in the (Circuit or County) Court for the ……….
and has been assigned case no. ……….
This is not a formal summons or notification from the court, but is rather
my request that you sign the enclosed waiver of service of process form in order
to save the cost of serving you with a judicial summons and an additional copy
of the complaint. The cost of service will be avoided if I receive a signed copy of
the waiver within 20 days (30 days if you do not reside in the United States)
after the date you receive this notice and request for waiver. I have enclosed a
stamped self-addressed envelope for your use. An extra copy of the notice and
request, including the waiver, is also attached for your records.
If you comply with this request and return the signed waiver, it will be
filed with the court and no summons will be served on you. The lawsuit will
then proceed as if you had been served on the date the waiver is filed, except
that you will not be obligated to respond to the complaint until 60 days after
the date on which you received the notice and request for waiver.
If I do not receive the signed waiver within 20 days from the date you
received the notice and the waiver of service of process form, formal service of
process may be initiated in a manner authorized by the Florida Rules of Civil
Procedure. You (or the party on whose behalf you are addressed) will be
required to pay the full cost of such service unless good cause is shown for the
failure to return the waiver of service.
I hereby certify that this notice of lawsuit and request for waiver of
service of process has been sent to you on behalf of the plaintiff on
……….(date)……….
Plaintiff’s Attorney or
Unrepresented Plaintiff
(2) Waiver of Service of Process.
WAIVER OF SERVICE OF PROCESS
TO: (Name of plaintiff’s attorney or unrepresented plaintiff)
I acknowledge receipt of your request that I waive service of process in
the lawsuit of ……… v. ……… in the ……… Court in ……… I have also received
a copy of the complaint, two copies of this waiver, and a means by which I can
return the signed waiver to you without cost to me.
I agree to save the cost of service of process and an additional copy of the
complaint in this lawsuit by not requiring that I (or the entity on whose behalf I
am acting) be served with judicial process in the manner provided by Fla. R.
Civ. P. 1.070.
If I am not the defendant to whom the notice of lawsuit and waiver of
service of process was sent, I declare that my relationship to the entity or
person to whom the notice was sent and my authority to accept service on
behalf of such person or entity is as follows:
(describe relationship to person or entity
and authority to accept service)
I (or the entity on whose behalf I am acting) will retain all defenses or
objections to the lawsuit or to the jurisdiction or venue of the court except for
any objections based on a defect in the summons or in the service of the
summons.
I understand that a judgment may be entered against me (or the party on
whose behalf I am acting) if a written response is not served upon you within
60 days from the date I received the notice of lawsuit and request for waiver of
service of process.
DATED on ................
Defendant or Defendant’s
Representative
Committee Notes
1988 Amendment. Two forms are now provided: 1 for personal service
on natural persons and 1 for other service by summons. The new form for
personal service on natural persons is included to ensure awareness by
defendants or respondents of their obligations to respond.
The summons form for personal service on natural persons is to be used
for service on natural persons under the following provisions: sections 48.031
(service of process generally), 48.041 (service on minors), 48.042 (service on
incompetents), 48.051 (service on state prisoners), 48.183 (service of process in
action for possession of residential premises), and 48.194 (personal service
outside the state), Florida Statutes.
The former, general summons form is to be used for all other service by
summons, including service under sections 48.061 (service on partnership),
48.071 (service on agents of nonresidents doing business in the state), 48.081
(service on corporation), 48.101 (service on dissolved corporations), 48.111
(service on public agencies or officers), 48.121 (service on the state), 48.131
(service on alien property custodian), 48.141 (service on labor unions), 48.151
(service on statutory agents for certain purposes), Florida Statutes, and all
statutes providing for substituted service on the secretary of state.
The form for personal service on natural persons contains Spanish and
French versions of the English text to ensure effective notice on all Floridians.
In the event of space problems in the summons form, the committee
recommends that the non-English portions be placed on the reverse side of the
summons.
1992 Amendment. (b): The title is amended to eliminate confusion by
the sheriffs in effecting service.
1996 Amendment. Form 1.902(c) was added for use with rule 1.070(i).
2007 Amendment. Subdivision (a) is amended to conform form 1.902 to
the statutory requirements of sections 48.111, 48.121, and 768.28, Florida
Statutes. The form is similar to Federal Rule of Civil Procedure Form 1.
FORM 1.903 CROSSCLAIM SUMMONS
CROSSCLAIM SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the
crossclaim in this action on defendant ……….
Each crossclaim defendant is required to serve written defenses to the
crossclaim on ………., defendant’s attorney, whose address is ………., and on
………., plaintiff’s attorney, whose address is………., within 20 days after
service of this summons on that defendant, exclusive of the day of service, and
to file the original of the defenses with the clerk of this court either before
service on the attorneys or immediately thereafter. If a crossclaim defendant
fails to do so, a default will be entered against that defendant for the relief
demanded in the crossclaim.
DATED on: ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
FORM 1.904 THIRD-PARTY SUMMONS
THIRD-PARTY SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the third-
party complaint or petition in this action on third-party defendant, ……….
Each third-party defendant is required to serve written defenses to the
third-party complaint or petition on ……….., plaintiff’s attorney, whose address
is ………., and on ………., defendant’s attorney, whose address is ……….,
within 20 days after service of this summons on that defendant, exclusive of
the date of service, and to file the original of the defenses with the clerk of this
court either before service on the attorneys or immediately thereafter. If a third-
party defendant fails to do so, a default will be entered against that defendant
for the relief demanded in the third-party complaint or petition.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
FORM 1.905 ATTACHMENT
WRIT OF ATTACHMENT
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to attach and take into custody so much of the
lands, tenements, goods, and chattels of defendant, ………., as is sufficient to
satisfy the sum of $..........and costs.
ORDERED at ………., Florida, on .....(date)......
Judge
Committee Notes
1980 Amendment. The direction is modernized and the combination
with the summons deleted. A writ of attachment must now be issued by a
judge under section 76.03, Florida Statutes (1979).
FORM 1.906 ATTACHMENT — FORECLOSURE
WRIT OF ATTACHMENT
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to take and hold the following described
property:
(describe property)
or so much of it as can be found sufficient to satisfy the debt to be
foreclosed.
ORDERED at ...................., Florida, on .....(date)......
Judge
Committee Notes
1980 Amendment. The direction is modernized and the combination
with the summons deleted. A writ of attachment must now be issued by a
judge under section 76.03, Florida Statutes (1979).
FORM 1.907 GARNISHMENT
(a) Writ of Garnishment.
WRIT OF GARNISHMENT
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to summon the garnishee, ………. to serve an
answer to this writ on ………., plaintiff’s attorney, whose address is , ……….
within 20 days after service on the garnishee, exclusive of the day of service,
and to file the original with the clerk of this court either before service on the
attorney or immediately thereafter, stating whether the garnishee is indebted to
defendant, ………., at the time of the answer or was indebted at the time of
service of the writ, or at any time between such times, and in what sum and
what tangible and intangible personal property of the defendant the garnishee
is in possession or control of at the time of the answer or had at the time of
service of this writ, or at any time between such times, and whether the
garnishee knows of any other person indebted to the defendant or who may be
in possession or control of any of the property of the defendant. The amount
set in plaintiff’s motion is $……….
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
(b) Continuing Writ of Garnishment against Salary or Wages.
CONTINUING WRIT OF GARNISHMENT
AGAINST SALARY OR WAGES
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to summon the garnishee, ………., whose
address is ………., who is required to serve an answer to this writ on ……….,
plaintiff’s attorney, whose address is ……….,, within 20 days after service of
this writ, exclusive of the day of service, and to file the original with the clerk of
court either before service on the attorney or immediately thereafter. The
answer shall state whether the garnishee is the employer of the
defendant,………. and whether the garnishee is indebted to the defendant by
reason of salary or wages. The garnishee’s answer shall specify the periods of
payment (for example, weekly, biweekly, or monthly) and amount of salary or
wages and be based on the defendant’s earnings for the pay period during
which this writ is served on the garnishee.
During each pay period, a portion of the defendant’s salary or wages as it
becomes due shall be held and not disposed of or transferred until further
order of this court. The amount of salary or wages to be withheld for each pay
period shall be made in accordance with the following paragraph. This writ
shall continue until the plaintiff’s judgment is paid in full or until otherwise
provided by court order.
Federal law (15 U.S.C. §§1671–1673) limits the amount to be withheld
from salary or wages to no more than 25% of any individual defendant’s
disposable earnings (the part of earnings remaining after the deduction of any
amounts required by law to be deducted) for any pay period or to no more than
the amount by which the individual’s disposable earnings for the pay period
exceed 30 times the federal minimum hourly wage, whichever is less.
For administrative costs, the garnishee may collect $………. against the
salary or wages of the defendant for the first deduction and $………. for each
deduction thereafter.
The total amount of the final judgment outstanding as set out in the
plaintiff’s motion is $………..
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY
RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE
ABOVE TOTAL AMOUNT OF $……….
ORDERED at ……….,, Florida, on .....(date)......
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1992 Amendment. This form is to be used to effectuate section 77.0305,
Florida Statutes.
1996 Amendment. The following was adopted as a committee note, with
no changes to the text of the forms: Both forms 1.907(a) and (b) are for use
after judgment has been entered against a defendant. If a plaintiff seeks a writ
of garnishment before judgment is entered, notice to the defendant of the right
to an immediate hearing under sections 73.031 and 77.07, Florida Statutes,
must be included in the writ and served on the defendant.
FORM 1.908 WRIT OF REPLEVIN
WRIT OF REPLEVIN
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to replevy the goods and chattels in possession
of the defendant, ………., described as follows:
(describe property)
and to dispose of it according to law.
Dated on……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1980 Amendment. The form is amended in accordance with the
statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983,
32 L. Ed. 2d 556 (1972). The sheriff is commanded to dispose of the property
according to law because of the conflict between sections 78.068(4) and 78.13,
Florida Statutes (1979). The former apparently contemplates that the sheriff
will hold the property for 5 days within which the bond can be posted, while
the latter retains the old 3-day time period.
1996 Amendment. This amendment only changes the name of the form.
FORM 1.909 DISTRESS
DISTRESS WRIT
THE STATE OF FLORIDA:
To the Sheriff of ………. County, Florida:
YOU ARE COMMANDED to serve this writ and a copy of the complaint
on defendant ……….
This distress writ subjects all property liable to distress for rent on the
following property in ………. County, Florida:
(describe property)
Each defendant is enjoined from damaging, disposing of, secreting, or
removing any property liable to be distrained from the rented real property
after the time of service of this writ until the sheriff levies on the property or
this writ is vacated or the court otherwise orders. If a defendant does not move
for dissolution of the writ, the court may order the sheriff to levy on the
property liable to distress forthwith after 20 days from the time the complaint
in this action is served. The amount claimed in the complaint is the sum of
$.......... with interest and costs.
DATED on ……….
Judge
Committee Notes
1980 Amendment. This form is substantially revised to comply with the
statutory changes in section 83.12, Florida Statutes, as amended in 1980 to
overcome the unconstitutionality of distress proceedings. See Phillips v. Guin &
Hunt, Inc., 344 So. 2d 568 (Fla. 1977). Because the revision is substantial, no
struck-through or underscored type is indicated.
FORM 1.910 SUBPOENA FOR TRIAL
(a) For Issuance by Clerk.
SUBPOENA
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear before the Honorable .........., Judge of
the Court, at the .......... County Courthouse in .........., Florida, on .........., at
.......... (a.m./p.m.), to testify in this action. If you fail to appear, you may be in
contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ................
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(b) For Issuance by Attorney of Record.
SUBPOENA
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before the Honorable . ………. Judge
of the Court, at the ……….County Courthouse in………., Florida, on
.....(date)....., at ......(a.m./p.m.), to testify in this action. If you fail to appear,
you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ................
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.911 SUBPOENA DUCES TECUM FOR TRIAL
(a) For Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before the Honorable ………. Judge
of the Court, at the ………. County Courthouse in ………., Florida, on
.....(date)....., at ......(a.m./p.m.), to testify in this action and to have with you at
that time and place the following: ………. If you fail to appear, you may be in
contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ................
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(b) For Issuance by Attorney of Record.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before the Honorable ………., Judge
of the Court, at the ………. County Courthouse in ………., Florida, on
.....(date)....., at ………. (a.m./p.m.), to testify in this action and to have with
you at that time and place the following: ........... If you fail to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.912 SUBPOENA FOR DEPOSITION
(a) For Issuance by Clerk.
SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action. If you fail to
appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
(b) For Issuance by Attorney of Record.
SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action. If you fail to
appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.913 SUBPOENA DUCES TECUM FOR DEPOSITION
(a) For Issuance by Clerk.
SUBPOENA DUCES TECUM FOR DEPOSITION
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action and to have with
you at that time and place the following: ……….. If you fail to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
(b) For Issuance by Attorney of Record.
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action and to have with
you at that time and place the following: ……….. If you fail to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.914(A) EXECUTION
EXECUTION
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to levy on the property subject to execution of
………. in the sum of $.......... with interest at ……….% a year from .....(date).....,
until paid and to have this writ before the court when satisfied.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1980 Amendment. The description of the property to be levied on has to
be made general so it encompasses all property subject to execution under
section 56.061, Florida Statutes (1979).
FORM 1.914(B) NOTICE TO APPEAR
NOTICE TO APPEAR
TO …..(name of third party).....
YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes,
proceedings supplementary to satisfy a judgment by application of the
following:.....(identify the property, debt, or other obligation due to the
judgment debtor)..... in ……….County, Florida have been initiated against you
by .....(name of judgment creditor)…… You are required to serve an affidavit
.....date..... stating that the [property] [debt] [other obligation] belongs to you.
The affidavit must include any fact or legal defense opposing the application of
the [property] [debt] [other obligation] toward the satisfaction of the judgment
on …..(name of the judgment creditor, or its attorney, and his/her/its
address)……You must file the original affidavit with the clerk of this court
either before service on the judgment creditor or immediately thereafter. Legal
defenses need not be filed under oath but must be served contemporaneously
with the affidavit.
If any of your property has been levied on and you choose to oppose the
application of the property to be applied toward the satisfaction of the
judgment, then you must furnish a bond with surety to be approved by the
officer in favor of the judgment creditor. The amount of the bond must be
double the value of the goods claimed as the value is fixed by the officer and
conditioned to deliver said property on demand of said officer if it is adjudged
to be the property of the judgment debtor and to pay the judgment creditor all
damages found against you if it appears that the claim was interposed for the
purpose of delay.
YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE
RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE
JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE
FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY
DETERMINES THAT THE [PROPERTY] [DEBT] [OTHER OBLIGATION]
BELONGS TO THE JUDGMENT DEBTOR AND IS SUBJECT TO
APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN
YOU MAY BE ORDERED TO .....(PAY DAMAGES TO THE JUDGMENT
CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION
DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR)……
ORDERED at ………., Florida, on..... (date) …..
______________________
Judge
FORM 1.914(C) AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO
APPEAR
AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR
BEFORE ME, the undersigned authority, appeared…..(name of claimant
or claimant’s agent)....., who, after being first duly sworn, deposes and states,
under penalty of perjury:
1. I am the ……..(claimant, or identify relationship to claimant)……
2. I (or claimant) was served with a Notice to Appear on…..(date)……
3. I (or claimant) own(s) and am/is entitled to possession
of…..(describe the property, debt, or other obligation due to the judgment
debtor identified in the Notice to Appear)..…
4. This property should not be applied to satisfy the judgment
because…..(state all reasons why the property, debt, or other obligation due to
the judgment debtor identified in the Notice to Appear should not be applied to
satisfy the judgment)……
5. (Select a or b)
a. I (or claimant) request(s) a trial by jury on all issues so
triable.
b. I (or claimant) request(s) a non-jury trial on all issues.
FURTHER AFFIANT SAYETH NAUGHT.
Dated:
Signature of Affiant
Printed Name:______________________
STATE OF ________________________________
COUNTY OF ______________________________
Sworn to or affirmed and signed before me on this ___ day of
____________________, 20___ by (name of affiant)_________________________, who
is personally known to me or who has produced _____________________, as
identification and who did take an oath.
NOTARY PUBLIC, STATE OF
.....(Print, Type or Stamp
Commissioned
Name of Notary Public) .....
Committee Notes
1980 Amendment. The description of the property to be levied on has to
be made general so it encompasses all property subject to execution under
section 56.061, Florida Statutes (1979).
2018 Adoption. Form 1.914(c) is used by a claimant to respond to a
Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need
not be filed under oath, but must be served contemporaneously with the
affidavit. If the claimant’s property has already been levied upon, he or she may
obtain possession of the property by filing with the officer having the execution
a copy of this affidavit and by furnishing the officer a bond with surety, as set
forth in section 56.16, Florida Statutes.
FORM 1.915 WRIT OF POSSESSION
WRIT OF POSSESSION
THE STATE OF FLORIDA:
To the Sheriff of ………. County, Florida:
YOU ARE COMMANDED to remove all persons from the following
described property in .......... County, Florida:
(describe property)
and to put ........... in possession of it.
DATED on ..........
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1973 Amendment. The form is changed to make the direction conform
to the statutory requirement in section 48.011, Florida Statutes.
1980 Amendment. The direction on this form is changed to the sheriff of
the county where the property is located, and the conclusion is modernized.
FORM 1.916 REPLEVIN ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this order on defendant, ………., by
personal service as provided by law, if possible, or, if you are unable to
personally serve defendant within the time specified, by placing a copy of this
order with a copy of the summons on the claimed property located at ……….,
Florida, at least 5 days before the hearing scheduled below, excluding the day
of service and intermediate Saturdays, Sundays, and legal holidays.
Nonpersonal service as provided in this order shall be effective to afford notice
to defendant of this order, but for no other purpose.
Defendant shall show cause before the Honorable ………., on
.....(date)....., at ......m. in the ……….. County Courthouse in ………., Florida,
why the property claimed by plaintiff in the complaint filed in this action
should not be taken from the possession of defendant and delivered to plaintiff.
Defendant may file affidavits, appear personally or with an attorney and
present testimony at the time of the hearing, or, on a finding by the court
pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled
to possession of the property described in the complaint pending final
adjudication of the claims of the parties, file with the court a written
undertaking executed by a surety approved by the court in an amount equal to
the value of the property to stay an order authorizing the delivery of the
property to plaintiff.
If defendant fails to appear as ordered, defendant shall be deemed to
have waived the right to a hearing. The court may thereupon order the clerk to
issue a writ of replevin.
ORDERED at ……….., Florida, on .....(date)......
Judge
Committee Notes
1980 Adoption. Former form 1.916 is repealed because of the
consolidation of writs of assistance with writs of possession. The new form is
the replevin order to show cause prescribed by section 78.065, Florida Statutes
(1979).
1996 Amendment. This form is amended to provide for service at least 5
days before the show cause hearing, rather than by a specified date.
FORM 1.917 NE EXEAT
WRIT OF NE EXEAT
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to detain the defendant, ………. and to require
the defendant to give bond in the sum of $………. payable to the Governor of
Florida and the Governor’s successors in office conditioned that the defendant
will answer plaintiff’s pleading in this action and will not depart from the state
without leave of court and will comply with the lawful orders of this court, with
sureties to be approved by the clerk of this court. If the defendant does not give
the bond, the defendant shall be taken into custody and be confined in the
………. County jail until the defendant gives the bond or until further order of
this court. If the defendant does not give the bond, the defendant shall be
brought before a judge of this court within 24 hours of confinement.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1976 Amendment. See 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976).
FORM 1.918 LIS PENDENS
NOTICE OF LIS PENDENS
TO DEFENDANT(S) ………., AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
(a) The plaintiff has instituted this action against you seeking (“to
foreclose a mortgage” or “to partition” or “to quiet title” or other type of action)
with respect to the property described below.
(b) The plaintiff(s) in this action is/are:
(1) ..........
(2) ..........
(c) The date of the institution of this action is .......... OR: the date on
the clerk’s electronic receipt for the action’s filing is .......... OR: the case
number of the action is as shown in the caption.
(d) The property that is the subject matter of this action is in ..........
County, Florida, and is described as follows:
(legal description of property)
DATED ON .................
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
NOTE: This form is not to be recorded without the clerk’s case number.
Committee Notes
2009 Amendment. This form was substantially rewritten due to the
amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides
that the notice must contain the names of all of the parties, the name of the
court in which the action is instituted, a description of the property involved or
affected, a description of the relief sought as to the property, and one of the
following: the date of the institution of the action, the date of the clerk’s
electronic receipt, or the case number. If the case number is used to satisfy the
requirements of section 48.23, it should be inserted in the case caption of the
notice.
FORM 1.919 NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO
PROPERTY
NOTICE OF ACTION
TO ……….
YOU ARE NOTIFIED that an action for (“construction of a will” or “re-
establishment of a lost deed” or other type of action) has been filed against you
and you are required to serve a copy of your written defenses, if any, to it on
………., the plaintiff’s attorney, whose address is ………., on or before
.....(date)....., and file the original with the clerk of this court either before
service on the plaintiff’s attorney or immediately thereafter; otherwise a default
will be entered against you for the relief demanded in the complaint or petition.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
NOTE: This form must be modified to name the other defendants when
there are multiple defendants and all are not served under the same notice. See
section 49.08(1), Florida Statutes (1979).
FORM 1.920 NOTICE OF ACTION; CONSTRUCTIVE SERVICE —
PROPERTY
NOTICE OF ACTION
TO ……….
YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a
mortgage on” or “quiet title to” or “partition” or other type of action) the
following property in………. County, Florida:
(describe property)
has been filed against you and you are required to serve a copy of your written
defenses, if any, to it on ………., the plaintiff’s attorney, whose address is
………., on or before .....(date)....., and file the original with the clerk of this
court either before service on the plaintiff’s attorney or immediately thereafter;
otherwise a default will be entered against you for the relief demanded in the
complaint or petition.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
NOTE: This form must be modified to name the other defendants when
there are multiple defendants and all are not served under the same notice. See
section 49.08(1), Florida Statutes (1979).
FORM 1.921 NOTICE OF PRODUCTION FROM NONPARTY
NOTICE OF PRODUCTION
To ..........:
YOU ARE NOTIFIED that after 10 days from the date of service of this
notice, if service is by delivery, or 15 days from the date of service, if service is
by mail, and if no objection is received from any party, the undersigned will
issue or apply to the clerk of this court for issuance of the attached subpoena
directed to .........., who is not a party and whose address is .........., to produce
the items listed at the time and place specified in the subpoena.
DATED on ..........
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
NOTE: This form of notice is for use with rule 1.351. A copy of the
subpoena must be attached to this form for it to comply with the rule.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. This form was amended to comply with amendments
to rules 1.351 and 1.410.
FORM 1.922 SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(a) When Witness Has Option to Furnish Records Instead of
Attending Deposition; Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear at ………. in ………. Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ……….
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You may comply with this
subpoena by providing legible copies of the items to be produced to the
attorney whose name appears on this subpoena on or before the scheduled
date of production. You may condition the preparation of the copies upon the
payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on this subpoena and
thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any
time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO
TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the
following attorney, and unless excused from this subpoena by this attorney or
the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(b) When Witness Must Appear and Produce the Records; Issuance
by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear at .......... in .........., Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You have the right to object to
the production pursuant to this subpoena at any time before production by
giving written notice to the attorney whose name appears on this subpoena.
THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear or furnish the records at the time and place specified
instead of appearing; or
(2) object to this subpoena,
you may be in contempt of court. You are subpoenaed by the attorney whose
name appears on this subpoena, and unless excused from this subpoena by
the attorney or the court, you must respond to this subpoena as directed.
DATED on ...........
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(c) When Witness Has Option to Furnish Records Instead of
Attending Deposition; Issuance by Attorney of Record.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear at .......... in .........., Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You may comply with this
subpoena by providing legible copies of the items to be produced to the
attorney whose name appears on this subpoena on or before the scheduled
date of production. You may condition the preparation of the copies upon the
payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on this subpoena and
thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any
time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO
TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the
following attorney, and unless excused from this subpoena by this attorney or
the court, you must respond to this subpoena as directed.
DATED on ...........
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(d) When Witness Must Appear and Produce the Records; Issuance
by Attorney of Record.
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear at .......... in .........., Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You have the right to object to
the production pursuant to this subpoena at any time before production by
giving written notice to the attorney whose name appears on this subpoena.
THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear or furnish the records at the time and place specified
instead of appearing; or
(2) object to this subpoena,
you may be in contempt of court. You are subpoenaed by the attorney whose
name appears on this subpoena, and unless excused from this subpoena by
the attorney or the court, you must respond to this subpoena as directed.
DATED on ...........
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
NOTE: These forms are to be used for production of documents under
rule 1.351. Form (a) is used when the person having the records may furnish
copies to the attorney requesting the subpoena instead of appearing at the time
and place specified in the subpoena and the subpoena is to be issued by the
clerk. Form (b) is used when the records must be produced at the time and
place specified in the subpoena and the subpoena is to be issued by the clerk.
Form (c) is used when the person having the records may furnish copies to the
attorney requesting the subpoena instead of appearing at the time and place
specified in the subpoena and the subpoena is to be issued by an attorney of
record. Form (d) is used when the records must be produced at the time and
place specified in the subpoena and the subpoena is to be issued by an
attorney of record.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. Forms (a) and (b) were amended and forms (c) and
(d) were added to comply with amendments to rules 1.351 and 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.923(A) EVICTION SUMMONS—RESIDENTIAL
TO: .....(insert name, address, and phone number of tenant)......
PLEASE READ CAREFULLY
You are being sued by .....(insert landlord’s name)..... to require you to
move out of the property located at
for the reasons given in the attached complaint.
You are entitled to a trial to decide whether you can be required to move,
but you MUST do ALL of the things listed below. You must do them within 5
days (not including Saturdays, Sundays, or legal holidays) after the date these
papers were given to you or to a person who lives with you or were posted at
your home.
THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS
FOLLOWS:
1. Write down the reason(s) why you think you should not be forced
to move. (You may use Florida Supreme Court Form 1.947(b), Answer—
Residential Eviction, to do this.) The written reason(s) must be given to the
clerk of the court at .....(insert address of courthouse)......
2. Mail or take a copy of your written reason(s) to:
.....(insert landlord’s name and address)......
3. Pay the clerk of court the rent that is due. You MUST pay the clerk
of the court the rent each time it becomes due until the lawsuit is over.
Whether you win or lose the lawsuit, the judge may release this rent to the
landlord. [By statute, public housing tenants or tenants receiving rent
subsidies must be required to pay only that portion of the full rent for which
the tenant is responsible under the federal, state, or local program in which
they are participating.]
4. If you and the landlord do not agree on the amount of rent owed,
you must file a written request (motion) that asks the judge to decide how
much money you must pay to the clerk of the court. The written request must
be filed with your answer to the eviction complaint. A copy of your motion must
also be mailed or hand delivered to the plaintiff(s) attorney, or if the plaintiff(s)
has no attorney, to the plaintiff.
IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT
INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR
COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER
NOTICE.
You may want to call a lawyer right away. If you do not know a lawyer,
you can contact the Lawyer Referral Service on The Florida Bar’s website. If you
cannot afford a lawyer, you may be eligible for free legal aid. You can locate
legal aid programs by searching for “legal aid” on The Florida Bar’s website.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone
number] at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice
impaired, call 711.
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE:
You are commanded to serve this summons and a copy of the complaint
in this lawsuit on the above-named defendant.
DATED on the day of , 20 .
Clerk of the Court
By:
Deputy Clerk
Clerk’s Address:
Telephone No.
CITATORIO DE DESALOJO—RESIDENCIAL
DESTINATARIO: .....(Ponga el nombre, la dirección y el número de teléfono del
inquilino )......
POR FAVOR LEA ATENTAMENTE
Usted ha sido demandado por ....(ponga el nombre del arrendador).....
para exigirle que desaloje la propiedad localizado en
por las razones que se muestran en la demanda querella adjunta.
Usted tiene el derecho a un juicio para determinar si se le puede exigir
que desaloje, pero DEBE cumplir con TODAS las acciones que se indican a
continuación, las cuales tienen que hacerse dentro de los 5 días hábiles (es
decir, sin incluir sábados, domingos ni días feriados) siguientes a la fecha en
que la presente documentación le haya sido entregada a usted, o a una
persona que viva con usted, o haya sido posteada en su domicilio.
LAS ACCIONES QUE DEBE HACER PARA CUESTIONAR EL DESALOJO SON
LAS SIGUIENTES:
1. Indique por escrito la razón(es) por las que considera que no se le
debe obligar a mudarse (para eso, usted puede usar el Formulario 1.947(b) de
la Corte Suprema de la Florida [Florida Supreme Court], “Answer—Residential
Eviction”). La presentación de la razón(es) por escrito debe ser entregada al
secretario del tribunal en .....(Ponga la dirección del tribunal)......
2. Envíe por correo postal o entregue una copia de sus razones por
escrito a: .....(Ponga el
nombre y dirección del arrendador)......
3. Haga el pago del alquiler que se debe al secretario de la corte.
Usted DEBE pagar el alquiler al secretario de la corte cada vez que haya que
pagarlo, hasta que concluya el proceso judicial. Independientemente de si gana
o pierde la demanda, el juez puede entregar este pago del alquiler al
arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes
reciben subsidios de alquiler deben pagar únicamente la parte por la que son
responsables con respecto al monto total del alquiler según el programa
federal, estatal o local del que son participantes].
4. Si usted y el arrendador no llegan a un acuerdo respecto al monto
del alquiler adeudado, usted deberá presentar una solicitud por escrito (una
petición) para que el juez determine cuánto debe pagar al secretario del
tribunal. La solicitud por escrito debe ser presentada junto con su respuesta a
la demanda de desalojo. Una copia de su petición también deberá ser enviada
por correo postal o entregada personalmente al abogado del demandante, o si
el demandante no tiene abogado, al demandante mismo.
SI NO CUMPLE CON TODOS ESTOS REQUISITOS DENTRO DE LOS 5 DÍAS
HÁBILES (SIN CONTAR SÁBADOS, DOMINGOS NI FERIADOS OFICIALES
SEGÚN EL HORARIO DE ATENCIÓN SU TRIBUNAL), USTED PODRÍA SER
DESALOJADO SIN QUE SE HAGA UNA AUDIENCIA NI SE LE DÉ PREVIO
AVISO.
Sería recomendable que consulte a un abogado de inmediato. Si no
cuenta con un abogado, puede contactar al Servicio de Consulta o Referencia
Legal [Lawyer Referral Service] en el sitio web del Colegio de Abogados de la
Florida [The Florida Bar.] Si no tiene el dinero necesario para contratar un
abogado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede
encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en
el sitio web del Colegio de Abogados de la Florida [The Florida Bar.]
Si usted tiene una discapacidad y requiere alguna adaptación
especial o servicio de apoyo para participar en este procedimiento, tiene
derecho a recibir asistencia gratuita. Por favor contacte a [identifique el
personal del tribunal que corresponda incluyendo el nombre, dirección y
número de teléfono], por lo menos 7 días antes de su comparecencia
programada ante el tribunal, o inmediatamente después de recibir esta
notificación si el plazo antes de la comparecencia es menor de 7 días; o si
tiene discapacidad auditiva o del habla, llame al 711.
ESTADO DE LA FLORIDA [THE STATE OF FLORIDA:]
A CADA ALGUACIL DEL ESTADO [SHERIFF OF THE STATE:]
Se le ordena que haga entrega oficial de este citatorio, así como de una
copia de la demanda que hace parte de este proceso judicial, al demandado
mencionado anteriormente.
CON FECHA DEL día del mes de del
20 .
Secretario(a) del Tribunal
Firmado por:
Secretario(a) Auxiliar
Dirección del Secretario(a) del
Tribunal:
No. de Teléfono
ASSIGNATION EN EXPULSION—RÉSIDENTIEL
À: .....(insérer le nom, l’adresse et le numéro de téléphone du locataire).......
VEUILLEZ LIRE ATTENTIVEMENT
Vous êtes poursuivi par .....(insérer le nom du propriétaire)..... pour vous
obliger à quitter la propriété située à
pour les raisons indiquées dans la plainte ci-jointe.
Vous avez le droit à un procès pour déterminer si vous pouvez être obligé
de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci-
dessous. Vous devez les réaliser dans les 5 jours (à l'exclusion des samedis,
dimanches et jours fériés) suivant la date à laquelle ces documents vous ont
été remis ou à une personne qui habite avec vous ou affichés à votre domicile.
POUR CONTESTER VOTRE EXPULSION, IL EST NÉCESSAIRE D'EFFECTUER
LES DÉMARCHES SUIVANTES:
1. Indiquez les raisons pour lesquelles vous pensez que vous ne
devriez pas être obligé de déménager. (Vous pouvez vous utiliser au le
formulaire 1.947(b) de la Cour Suprême de Floride [Florida Supreme Court],
intitulé “Answer—Residential Eviction,” pour ce faire.) Les raisons écrites
doivent être soumises au greffier du tribunal à .....(insérer l’adresse du palais
de justice)......
2. Veuillez envoyer ou remettre une copie de vos raisons écrites à:
.....(insérer le nom et l’adresse du propriétaire).......
3. Vous devez payez au greffier du tribunal le loyer dû. Vous DEVEZ
payez le loyer au greffier à chaque échéance jusqu’à la conclusion du procès.
Que vous gagniez ou perdiez le procès, le juge peut décider de transférer ce
loyer au propriétaire. En vertu de la loi, les locataires de logements sociaux ou
ceux bénéficiant d’aides au loyer ne doivent payer que la part du loyer dont ils
sont responsables selon le programme fédéral, étatique ou local auquel ils
participent.
4. Si vous et le propriétaire ne parvenez pas à un accord sur le
montant du loyer dû, vous devez soumettre une demande écrite (motion) au
juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite
doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre
requête doit également être envoyée par courrier ou remise en main propre à
l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au
plaignant.
SI VOUS NE RÉALISEZ PAS TOUTES CES CHOSES DANS UN DÉLAI DE 5
JOURS (HORS SAMEDIS, DIMANCHES ET JOURS FÉRIÉS POUR VOTRE
TRIBUNAL), VOUS RISQUEZ D’ÊTRE EXPULSÉ SANS AUDIENCE NI PRÉAVIS
SUPPLÉMENTAIRE.
Il est conseillé de joindre un avocat immédiatement. Si vous ne
connaissez pas d'avocat, vous pouvez contacter le service de référence aux
avocats sur le site Web du Florida Bar [The Florida Bar]. Si vos moyens
financiers sont limités, vous pourriez avoir droit à une aide juridique gratuite.
Vous pouvez trouver des programmes d’aide juridique en effectuant une
recherche pour “aide juridique” [‘legal aid’] sur le site de de sur le site Web du
Florida Bar [The Florida Bar].
Si vous êtes une personne handicapée nécessitant des
aménagements pour participer à cette procédure, vous avez droit, sans
frais, à certaines formes d'assistance. Veuillez contacter [identifier le
personnel judiciaire concerné par son nom, adresse et numéro de
téléphone] au moins 7 jours avant votre comparution prévue au tribunal,
ou immédiatement après avoir reçu cette notification si le délai avant la
comparution prévue est inférieur à 7 jours; si vous avez des problèmes
d'audition ou de voix, composez le 711.
L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:]
À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:]
Vous êtes chargé de signifier cette citation et une copie de la plainte dans
cette affaire au défendeur mentionné ci-dessus.
DATÉ le jour de 20 .
Greffier du Tribunal
Par:
Greffier Adjoint
Adresse du Greffier:
Numéro de téléphone:
KONVOKASYON DEGÈPISMAN—REZIDANS
A: .....(mete non, adrès, ak nimewo telefòn lokatè a)......
TANPRI LI AK ATANSYON
.....(mete non mèt kay la a) ..... ap rele w lajistis pou mande w deplase
soti nan kay ki nan
pou rezon ki bay nan plent ki tache la a.
Ou gen dwa a yon jijman pou deside si ou ka oblije kite kay la, men ou
DWE fè TOUT bagay ki endike anba la a. Ou dwe fè yo nan 5 jou (sa pa enkli
Samdi, Dimanch, oswa jou ferye legal) apre dat yo te ba ou papye sa yo oswa
bay yon moun ki abite avèk ou oswa yo te afiche yo sou kay ou.
MEN BAGAY OU DWE FÈ YO POU DEFYE DEGÈPISMAN AN:
1. Ekri rezon ( yo)ki fè w panse yo pa ta dwe fòse w soti nan kay la.
(Ou ka itilize Fòm 1.947(b) Tribinal Siprèm Florid [Florida Supreme Court],
Repons— Degèpisman Rezidansyèl, pou fè sa.) Ou dwe bay grefye tribinal la
rezon (yo) alekri nan .....(mete adrès tribinal la) . Poste oswa pote yon kopi rezon (yo) ou ekri a (yo) bay:
.....(mete non ak adrès mèt kay la)......
3. Peye grefye tribinal la lwaye ou dwe a. Ou DWE peye grefye nan
tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen
oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa,
lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe
oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram
federal, leta oswa lokal yo ap patisipe ladann nan.]
4. Si oumenm ak mèt kay la pa dakò sou kantite lwaye ou dwe a, ou
dwe depoze yon demann alekri (mosyon) ki mande jij la deside konbyen lajan
ou dwe peye grefye tribinal la. Ou dwe ranpli demann alekri a ak repons ou
pou plent degèpisman an. Ou dwe tou voye yon kopi mosyon w la pa lapòs
oswa remèt avoka moun ki pote plent la (yo), oswa si moun ki pote plent la (yo)
pa gen avoka, bay moun ki pote plent la li.
SI OU PA FÈ TOUT BAGAY SA YO NAN 5 JOU (SA PA ENKLI SAMDI,
DIMANCH, AK JOU FERYE LEGAL POU TRIBINAL OU A) YO KA METE W
DEYÒ SAN YON ODYANS OSWA SAN OKENN LÒT AVI.
Ou ka vle rele yon avoka touswit. Si w pa konnen yon avoka, ou ka kontakte
Sèvis Referans Avoka [Lawyer Referral Service] sou sitwèb Bar Nan Florida [The
Florida Bar]. Si ou pa kapab peye yon avoka, ou ka kalifye pou èd legal gratis.
Ou ka jwenn pwogram èd legal lè w chèche “legal aid” [‘èd legal’] sou sitwèb Bar
Nan Florida [The Florida Bar].
Si ou se yon moun ki gen yon andikap ki bezwen nenpòt aranjman pou
patisipe nan pwosedi sa a, ou gen dwa, san okenn frè pou ou, pou w
resevwa sèten asistans. Tanpri kontakte [idantifye pèsonèl tribinal ki
aplikab yo pa non, adrès, ak nimewo telefòn] omwen 7 jou anvan dat
tribinal la te fikse pou w te parèt la, oswa imedyatman apre w resevwa
notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou.
Si ou gen pwoblèm pou tande oswa pou w pale, rele 711.
ETA FLORID [THE STATE OF FLORIDA]:
POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]:
Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a
bayakize ki endike anwo a.
DAT nan jou , 20 .
Grefye Tribinal la
Pa:
Grefye Adjwen
Adrès Grefye a:
Nimewo telefòn:
Committee Notes
1988 Adoption. This form was added to inform those sought to be
evicted of the procedure they must follow to resist eviction.
1996 Amendment. This is a substantial revision of form 1.923 to
comply with the requirements of section 83.60, Florida Statutes, as amended
in 1993.
FORM 1.923(B) SUMMONS ACTION FOR BACK RENT OR OTHER
DAMAGES
Each defendant is further required to serve written defenses to the
demand for back rent or any other damages alleged in the complaint on the
above .....(insert landlord’s name and address)..... within 20 days after service
of this summons on the defendant, exclusive of the day of service, and to file
the original of the written defenses with the clerk of the court either before
service on.....(insert landlord’s name)..... or thereafter. If you fail to do so, a
default may be entered against the defendant for the relief demanded in that
portion of the complaint.
WITNESS my hand and seal of the Court this day of
, 20 .
(COURT SEAL) Clerk of the Court
By:
Deputy Clerk
FORM 1.924 AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I,(full legal name) (individually or an Employee of
), being sworn, certify that the following information is true:
1. I have made diligent search and inquiry to discover the
current residence of , who is [over 18 years
old] [under 18 years old] [age is unknown] (circle one). Refer to
checklist below and identify all actions taken (any additional
information included such as the date the action was taken
and the person with whom you spoke is helpful) (attach
additional sheet if necessary):
[check all that apply]
Inquiry of Social Security Information
Telephone listings in the last known locations of defendant’s
residence
Statewide directory assistance search
Internet people finder search {specify sites searched}
Voter registration in the area where defendant was last known to
reside.
Nationwide Masterfile Death Search
Tax Collector’s records in area where defendant was last known to
reside.
Tax Assessor’s records in area where defendant was last known to
reside
Department of Motor vehicle records in the state of defendant’s last
known address
Driver’s License records search in the state of defendant’s last
known address.
Department of Corrections records in the state of defendant’s last
known address.
Federal Prison records search.
Regulatory agencies for professional or occupation licensing.
Inquiry to determine if defendant is in military service.
Last known employment of defendant.
{List all additional efforts made to locate defendant}
Attempts to Serve Process and Results
I inquired of the occupant of the premises whether the occupant knows
the location of the borrower-defendant, with the following results:
2. current residence
[check one only]
a. ‘s currents residence is unknown to
me
b. ‘s currents residence is in some
state or county other than
Florida and ‘s last known address is:
c. The , having residence in Florida, has
been absent from Florida for more than 60 days prior to the
date of this affidavit, or conceal him (her) self so that process
cannot be served personal upon him or her, and I believe
that there is no person in that state upon whom service of
process would bind this absent or concealed .
I understand that I am swearing or affirming under oath to the
truthfulness of the claims made in this affidavit and that the punishment
for knowingly making a false statement includes fines and/or
imprisonment.
Dated:
Signature of Affiant
Printed Name:
Address:
City, State, Zip:
Phone:
STATE OF
COUNTY OF
Sworn to or affirmed and signed before me on this day of
, 20 . by .
NOTARY PUBLIC
STATE OF
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Personally known
Produced identification
Type of identification produced:
NOTE: This form is used to obtain constructive service on the defendant.
FORM 1.925 COMPLAINT TO QUIET TITLE
COMPLAINT TO QUIET TITLE
BASED ON FRAUDULENT CONVEYANCE
UNDER SECTION 65.091, FLORIDA STATUTES
The plaintiff(s), , sue(s)
defendant(s), ,
defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors,
and all other parties claiming by, through, under, or against defendants or
parties or claiming to have any right, title, or interest in the property described
in this complaint, and alleges:
(1) This is an action to quiet and confirm title of plaintiff in and to
lands located in County, Florida.
(2) Plaintiff owns the following real property:
(3) Plaintiff shows entitlement to (deraigns) title as follows (must show
chain of title for at least the past 7 years):
Plaintiff obtained ownership by deed or instrument dated
, recorded on , in official records book , page
of the public records of County, Florida. The property
description in that deed is as follows:
(4) The deed or instrument purported to have been signed by
plaintiff(s), or purporting to convey the property to defendant(s), dated
, recorded , in official records book , page
of the public records of County, Florida, is fraudulent.
(5) Plaintiff did not execute the deed and has not conveyed the
property to any person since obtaining the conveyance(s) described in
paragraph (3).
(6) The deed or instrument described in paragraph (4) did not convey
title to defendant because the grantor had no title, but the recording of the
deed casts a cloud on plaintiff’s title.
WHEREFORE, the plaintiff(s) respectfully request (requests) the court to
enter an order to quiet title in and award the plaintiff(s) with the same title and
rights to the land that the plaintiff enjoyed before the attempted conveyance.
Date:
Plaintiff
Address
City, State, Zip Code
Phone
E-mail address
(Include signature for each Plaintiff)
FORM 1.932 OPEN ACCOUNT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., according to the attached account.
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: A copy of the account showing items, time of accrual of each, and
amount of each must be attached.
FORM 1.933 ACCOUNT STATED
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Before the institution of this action plaintiff and defendant had
business transactions between them.
3. (Use A or B).
A. Plaintiff and defendant agreed on the balance due on
.....(date)......
[OR]
B. Plaintiff sent a statement to defendant on .....(date)..... and
defendant failed to object within a reasonable time after receiving the
statement.
4. (Use A or B).
A. Defendant expressly promised to pay plaintiff the balance
due.
[OR]
B. Defendant implicitly promised to pay plaintiff the amount set
forth in the statement.
Defendant has not paid plaintiff the amount owed on the account.
$.........., plus interest since .....(date)......
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: Attach a copy of any accounts, statements, or other documents
required to be attached or incorporated by rule 1.130.
FORM 1.934 PROMISSORY NOTE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On .....(date)....., defendant executed and delivered a promissory
note, a copy being attached, to plaintiff in .................... County, Florida.
3. Plaintiff owns and holds the note.
4. Defendant failed to pay (use a or b)
a. the note when due.
b. the installment payment due on the note on .....(date).....,
and plaintiff elected to accelerate payment of the balance.
5. Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., on the note.
6. Plaintiff is obligated to pay his/her attorneys a reasonable fee for
their services.
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as
applicable and paragraph 6 if appropriate.
Committee Notes
1980 Amendment. Paragraph 3 is added to show ownership of the note,
and paragraph 4 is clarified to show that either 4a or 4b is used, but not both.
FORM 1.935 GOODS SOLD
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., for the following goods sold and delivered by plaintiff to defendant
between .....(date)....., and .....(date).....:
(list goods and prices)
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.936 MONEY LENT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., for money lent by plaintiff to defendant on .....(date)......
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.937 REPLEVIN
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to recover possession of personal property in
........... County, Florida.
2. The description of the property is:
(list property)
To the best of plaintiff’s knowledge, information, and belief, the value of the
property is $...........
3. Plaintiff is entitled to the possession of the property under a
security agreement dated .........., a copy of the agreement being attached.
4. To plaintiff’s best knowledge, information, and belief, the property
is located at . The property is wrongfully detained by defendant. Defendant came
into possession of the property by (method of possession). To plaintiff’s best
knowledge, information, and belief, defendant detains the property because
(give reasons).
6. The property has not been taken for any tax, assessment, or fine
pursuant to law.
7. The property has not been taken under an execution or
attachment against plaintiff’s property.
WHEREFORE plaintiff demands judgment for possession of the property.
NOTE: Paragraph 3 must be modified if the right to possession arose in
another manner. Allegations and a demand for damages, if appropriate, can be
added to the form.
Committee Notes
1980 Amendment. The form is amended to comply with the
amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S.
67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).
FORM 1.938 FORCIBLE ENTRY AND DETENTION
COMPLAINT
Plaintiff, A. B., sues defendant, C.D., and alleges:
1. This is an action to recover possession of real property unlawfully
(forcibly) detained in County, Florida.
2. Plaintiff is entitled to possession of the following real property in
said county:
(insert description of property)
3. Defendant has unlawfully (forcibly) turned plaintiff out of and
withholds possession of the property from plaintiff.
WHEREFORE plaintiff demands judgment for possession of the property
and damages against defendant.
NOTE: Substitute “forcibly” for “unlawfully” or add it as an alternative
when applicable. This form cannot be used for residential tenancies.
FORM 1.939 CONVERSION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On or about .....(date)....., defendant converted to his/her own use
(insert description of property converted) that was then the property of plaintiff
of the value of $...........
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.940 EJECTMENT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
This is an action to recover possession of real property in ………. County,
Florida.
2. Defendant is in possession of the following real property in the
county:
(describe property)
to which plaintiff claims title as shown by the attached statement of plaintiff’s
chain of title.
3. Defendant refuses to deliver possession of the property to plaintiff
or pay plaintiff the profits from it.
WHEREFORE plaintiff demands judgment for possession of the property
and damages against defendant.
NOTE: A statement of plaintiff’s chain of title must be attached.
Committee Notes
1980 Amendment. The words “possession of” are inserted in paragraph
1 for clarification.
FORM 1.941 SPECIFIC PERFORMANCE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for specific performance of a contract to convey
real property in ………. County, Florida.
2. On .....(date)....., plaintiff and defendant entered into a written
contract, a copy being attached.
3. Plaintiff tendered the purchase price to defendant and requested a
conveyance of the real property described in the contract.
4. Defendant refused to accept the tender or to make the conveyance.
5. Plaintiff offers to pay the purchase price.
WHEREFORE plaintiff demands judgment that defendant be required to
perform the contract for damages.
NOTE: A copy of the sales contract must be attached.
Committee Notes
1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly
accord with rule 1.110(f).
FORM 1.942 CHECK
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On .....(date)....., defendant executed a written order for the
payment of $.........., commonly called a check, a copy being attached, payable
to the order of plaintiff and delivered it to plaintiff.
3. The check was presented for payment to the drawee bank but
payment was refused.
4. Plaintiff holds the check and it has not been paid.
5. Defendant owes plaintiff $.......... that is due with interest from
.....(date)....., on the check.
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: A copy of the check must be attached. Allegations about
endorsements are omitted from the form and must be added when proper.
Committee Notes
1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly
accord with rule 1.110(f).
FORM 1.944(A) MORTGAGE FORECLOSURE
(When location of original note known)
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to foreclose a mortgage on real property in ..........
County, Florida.
2. On .....(date)....., defendant executed and delivered a promissory
note and a mortgage securing payment of the note to .....(plaintiff or plaintiff’s
predecessor)...... The mortgage was recorded on .....(date)....., in Official
Records Book .......... at page .......... of the public records of .......... County,
Florida, and mortgaged the property described in the mortgage then owned by
and in possession of the mortgagor, a copy of the mortgage and the note being
attached.
3. (Select a, b, c, or d)
(a) Plaintiff is the holder of the original note secured by the
mortgage.
(b) Plaintiff is a person entitled to enforce the note under
applicable law because .....(allege specific facts)......
(c) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of .....(name of holder)....., the holder of
the original note. The document(s) that grant(s) plaintiff the authority to act on
behalf of the holder of the original note is/are as follows ...........
(d) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of .....(name of non-holder)....., who is not
the holder but is entitled to enforce the note under section 673.3011(2), Florida
Statutes, because .....(allege specific facts)...... The document(s) that grant(s)
plaintiff the authority to act on behalf of the person entitled to enforce the note
is are as follows . The property is now owned by defendant who holds possession.
5. Defendant has defaulted under the note and mortgage by failing to
pay the payment due .....(date)....., and all subsequent payments .....(allege
other defaults as applicable)......
6. Plaintiff declares the full amount payable under the note and
mortgage to be due.
7. Defendant owes plaintiff $.......... that is due on principal on the
note and mortgage, interest from .....(date)....., and title search expense for
ascertaining necessary parties to this action.
8. Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for
their services. Plaintiff is entitled to recover its attorneys’ fees under .....(allege
statutory and/or contractual bases, as applicable)......
WHEREFORE plaintiff demands judgment foreclosing the mortgage, for
costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale
are insufficient to pay plaintiff’s claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real
property must contain an oath, affirmation, or the following statement as
required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the
facts alleged therein are true and correct to the best of my knowledge and
belief.
Executed on this …..(date)……
Person Signing Verification]
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1. That plaintiff is in possession of the original promissory note upon
which this action is brought.
2. The location of the original promissory note is: .....(location)......
3. The name and title of the person giving the certification is:
.....(name and title)......
4. The name of the person who personally verified such possession is:
.....(name)......
5. The time and date on which possession was verified were: .....(time
and date)......
6. Correct copies of the note (and, if applicable, all endorsements,
transfers, allonges, or assignments of the note) are attached to this
certification.
7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing
Certification of Possession of Original Note and that the facts stated in it are
true.
Executed on .....(date)......
(Person Signing Certification)
NOTE: This form is for installment payments with acceleration. It omits
allegations about junior encumbrances, unpaid taxes, and unpaid insurance
premiums, other nonmonetary defaults, and for a receiver. They must be added
when appropriate. A copy of the note and mortgage must be attached. This
form may require modification. This form is designed to incorporate the
pleading requirements of section 702.015, Florida Statutes (2013) and rule
1.115. It is also designed to conform to section 673.3011, Florida Statutes
(2013), except that part of section 673.3011, Florida Statutes, which defines a
person entitled to enforce an instrument under section 673.3091, Florida
Statutes. See
FORM 1.944(B) Pursuant to section 702.015, Florida Statutes
(2013), a certification of possession of the original promissory note must be
filed contemporaneously with the Complaint (form 1.944(a)) or, in the event
that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an
affidavit setting forth the facts required by law must be attached to the
complaint (form 1.944(b)).
FORM 1.944(B) MORTGAGE FORECLOSURE
(When location of original note unknown)
COMPLAINT
Plaintiff, ABC, sues defendant, XYZ, and states:
1. This is an action to foreclose a mortgage on real property in ..........
County, Florida.
2. On .....(date)....., defendant executed and delivered a promissory
note and a mortgage securing the payment of said note to .....(plaintiff or
plaintiff’s predecessor)...... The mortgage was recorded on .....(date)....., in
Official Records Book ..... at page ..... of the public records of .......... County,
Florida, and mortgaged the property described therein which was then owned
by and in possession of the mortgagor. A copy of the mortgage and note are
attached to the affidavit which is attached hereto as Composite Exhibit “1”; the
contents of the affidavit are specifically incorporated by reference.
3. Plaintiff is not in possession of the note but is entitled to enforce it.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of
the note because
(a) the note was destroyed.
(b) the note is lost.
(c) the note is in the wrongful possession of an unknown
person.
(d) the note is in the wrongful possession of a person that
cannot be found or is not amenable to service of process.
5. (select a, b, c, d, e, or f)
(a) When loss of possession occurred, plaintiff was the holder of
the original note secured by the mortgage.
(b) When loss of possession occurred, plaintiff was a person
entitled to enforce the note under applicable law because .....(allege specific
facts)......
(c) Plaintiff has directly or indirectly acquired ownership of the
note from a person entitled to enforce the note when loss of possession
occurred as follows: .....(allege facts as to transfer of ownership)......
(d) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the holder of the original note who lost
possession of the note. The document(s) that grant(s) plaintiff the authority to
act on behalf of the person entitled to enforce the note is/are as follows ..........
(attach documents if not already attached).
(e) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person entitled to enforce the note
when loss of possession occurred because .....(allege specific facts)...... The
document(s) that grant(s) plaintiff the authority to act on behalf of the person
entitled to enforce the note is/are as follows .......... (attach documents if not
already attached).
(f) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person or entity who directly or
indirectly acquired ownership of the note from a person entitled to enforce the
note when loss of possession occurred, as follows: .....(allege specific facts)......
the document(s) that grant(s) plaintiff the authority to act on behalf of the
person entitled to enforce the note is/are as follows .......... (attach documents
if not already attached).
6. Plaintiff did not transfer the note or lose possession of it as the
result of a lawful seizure.
7. The property is now owned by defendant who holds possession.
8. Defendant has defaulted under the note and mortgage by failing to
pay the payment(s) due ..…(date(s))….. , and all subsequent payments …..
(identify other defaults as applicable)……
9. Plaintiff declares the full amount payable under the note and
mortgage to be due.
10. Defendant owes plaintiff $......... that is due on principal on the
note and mortgage, interest from .....(date)....., and title search expense for
ascertaining necessary parties to this action.
11. Plaintiff is obligated to pay its attorneys a reasonable fee for their
services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this
claim pursuant to .....(identify statutory and/or contractual bases, as
applicable)......
WHEREFORE, Plaintiff demands judgment re-establishing the
promissory note, determining the amount and nature of adequate protection to
be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing
the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the
proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency
judgment.
NOTE: An action for foreclosure of a mortgage on residential real
property must contain an oath, affirmation, or the following statement as
required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the
facts alleged therein are true and correct to the best of my knowledge and
belief.
Executed on .....(date)......
(Person Signing Verification)
*****
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF ………..
BEFORE ME, the undersigned authority, personally appeared
.....(name)....., who, after being first duly sworn, deposes and states, under
penalty of perjury:
1. I am the plaintiff (or plaintiff’s ..........) (identify relationship to
plaintiff).
I am executing this affidavit in support of plaintiff’s Complaint against
defendant and I have personal knowledge of the matters set forth herein.
2. On .....(date)..... , the public records reflect that defendant executed
and delivered a mortgage securing the payment of the note to
.....(plaintiff/plaintiff’s predecessor)...... The mortgage was recorded on
.....(date)..... , in Official Records Book .......... at page .......... of the public
records of .......... County, Florida, and mortgaged the property described
therein, which was then owned by and in possession of the mortgagor, a copy
of the mortgage and the note being attached.
3. Plaintiff is not in possession of the note but is entitled to enforce it.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of
the note because
(a) the note was destroyed.
(b) the note is lost.
(c) the note is in the wrongful possession of an unknown
person.
(d) the note is in the wrongful possession of a person who
cannot be found or is not amenable to service of process.
5. (select a, b, c, d, e, or f)
(a) When loss of possession occurred, plaintiff was the holder of
the original note secured by the mortgage.
(b) When loss of possession occurred, plaintiff was a person
entitled to enforce the note under applicable law because .....(allege specific
facts)......
(c) Plaintiff has directly or indirectly acquired ownership of the
note from a person entitled to enforce the note when loss of possession
occurred as follows: .....(allege facts regarding transfer of ownership)......
(d) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the holder of the original note who lost
possession of the note. The document(s) that grant(s) plaintiff the authority to
act on behalf of the person entitled to enforce the note is/are as follows ...........
(attach copy of document(s) or relevant portion(s) of the document(s)).
(e) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person entitled to enforce the
original note when loss of possession occurred, because .....(allege specific
facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf
of the person entitled to enforce the note is/are as follows .......... (attach
documents if not already attached).
(f) Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person or entity who directly or
indirectly acquired ownership of the note from a person entitled to enforce the
original note when loss of possession occurred, as follows .....(allege specific
facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf
of the person entitled to enforce the note is/are as follows .......... (attach
documents if not already attached).
6. Below is the clear chain of the endorsements, transfers, allonges or
assignments of the note and all documents that evidence same as are available
to Plaintiff: .....(identify in chronological order all endorsements, transfers,
assignments of, allonges to, the note or other evidence of the acquisition,
ownership and possession of the note)...... Correct copies of the foregoing
documents are attached to this affidavit.
7. Plaintiff did not transfer the note or lose possession of it as the
result of a lawful seizure.
FURTHER, AFFIANT SAYETH NAUGHT.
[signature]
……….
[typed or printed name of affiant]
STATE OF FLORIDA
COUNTY OF ...............
BEFORE ME, the undersigned authority appeared .....(name of
affiant)....., who .....is personally known to me or ..... produced identification
….. and acknowledged that he/she executed the foregoing instrument for the
purposes expressed therein and who did take an oath.
WITNESS my hand and seal in the State and County aforesaid, this
.....(date)......
NOTARY PUBLIC, State of Florida
Print Name: ……….
Commission Expires:……….
Committee Note
2014 Adoption. This form is for installment payments with acceleration.
It omits allegations about junior encumbrances, unpaid taxes, unpaid
insurance premiums, other nonmonetary defaults, and for a receiver.
Allegations must be added when appropriate. This form may require
modification. This form is designed to incorporate the pleading requirements of
section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to
comply with section 673.3091, Florida Statutes (2013). Adequate protection as
required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013),
must be provided before the entry of final judgment.
FORM 1.944(C) MOTION FOR ORDER TO SHOW CAUSE
PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF
FINAL JUDGMENT OF FORECLOSURE
1. Plaintiff is a lienholder of real property located at …..(address)…..
or is a …..Condominium Association/Cooperative Association/Homeowner’s
Association……
2. The plaintiff has filed a verified complaint in conformity with
applicable law, which is attached.
3. The plaintiff requests this court issue an order requiring
defendant(s) to appear before the court to show cause why a final judgment of
foreclosure should not be entered against defendant(s).
4. The date of the hearing may not occur sooner than the later of 20
days after service of the order to show cause or 45 days after service of the
initial complaint.
OR
COMMENT: Use the following when service is by publication:
4. When service is obtained by publication, the date for the hearing
may not be set sooner than 30 days after the first publication.
5. The accompanying proposed order to show cause affords
defendant(s) all the rights and obligations as contemplated by applicable law.
6. Upon the entry of the order to show cause, plaintiff shall serve a
copy of the executed order to show cause for entry of final judgment as
required by law.
Plaintiff requests the court review this complaint and grant this motion for
order to show cause for entry of final judgment of foreclosure, and grant such
further relief as may be awarded at law or in equity.
Plaintiff
Certificate of Service
Committee Note
2014 Adoption. This form is designed to comply with section 702.10,
Florida Statutes (2013).
FORM 1.944(D) ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s…..
motion for order to show cause for entry of final judgment of mortgage
foreclosure and the court having reviewed the motion and the verified
complaint, and being otherwise fully advised in the circumstances, finds and it
is
ORDERED AND ADJUDGED that:
1. The defendant(s) shall appear at a hearing on foreclosure on
…..(date)….. at …..(time)….. before the undersigned judge, in the
…..(county)….. Courthouse at …..(address)….., to show cause why the attached
final judgment of foreclosure should not be entered against the defendant(s) in
this cause. This hearing referred to in this order is a “show cause hearing.”
2. This ORDER TO SHOW CAUSE shall be served on the defendant(s)
in accordance with the Florida Rules of Civil Procedure and applicable law as
follows:
a. If the defendant(s) has/have been served under Chapter 48,
Florida Statutes, with the verified complaint and original process has already
been effectuated, service of this order may be made in the manner provided in
the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the
action, service of the order to show cause on that party may be made in the
manner provided in the Florida Rules of Civil Procedure.
b. If the defendant(s) has/have not been served under Chapter
48, Florida Statutes, with the verified complaint and original process, the order
to show cause, together with the summons and a copy of the verified
complaint, shall be served on the party in the same manner as provided by law
for original process.
3. The filing of defenses by a motion or verified answer at or before
the show cause hearing constitutes cause for which the court may not enter
the attached final judgment.
4. Defendant(s) has/have the right to file affidavits or other papers at
the time of the show cause hearing and may appear at the hearing personally
or by an attorney.
5. If defendant(s) file(s) motions, they may be considered at the time
of the show cause hearing.
6. Defendant(s)’ failure to appear either in person or by an attorney at
the show cause hearing or to file defenses by motion or by a verified or sworn
answer, affidavits, or other papers which raise a genuine issue of material fact
which would preclude entry of summary judgment or which would otherwise
constitute a legal defense to foreclosure, after being served as provided by law
with the order to show cause, will be deemed presumptively a waiver of the
right to a hearing. In such case, the court may enter a final judgment of
foreclosure ordering the clerk of the court to conduct a foreclosure sale. An
order requiring defendant(s) to vacate the premises may also be entered.
7. If the mortgage provides for reasonable attorneys’ fees and the
requested fee does not exceed 3% of the principal amount owed at the time the
complaint is filed, the court may not need to hold a hearing to adjudge the
requested fee to be reasonable.
8. Any final judgment of foreclosure entered under section 702.10(1)
Florida Statutes, shall be only for in rem relief; however, entry of such final
judgment of foreclosure shall not preclude entry of an in personam money
damages judgment or deficiency judgment where otherwise allowed by law.
9. A copy of the proposed final judgment is attached and will be
entered by the court if defendant(s) waive(s) the right to be heard at the
show cause hearing.
DONE AND ORDERED at …..(county)….., Florida …..(date)……
CIRCUIT JUDGE
Copies to:
Committee Note
2014 Adoption. This form is designed to comply with section 702.10(1),
Florida Statutes (2013).
FORM 1.945 MOTOR VEHICLE NEGLIGENCE COMPLAINT
COMPLAINT
Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. (Use a or b) a. On or about .....(date)....., defendant, C. D., owned a
motor vehicle that was operated with his/her consent by defendant, E. F., at
.................. in ...................., Florida.
b. On or about .....(date)....., defendant owned and operated a
motor vehicle at ................ in ........................, Florida.
3. At that time and place defendants negligently operated or
maintained the motor vehicle so that it collided with plaintiff’s motor vehicle.
4. As a result plaintiff suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money, and aggravation of a
previously existing condition. The losses are either permanent or continuing
and plaintiff will suffer the losses in the future. Plaintiff’s automobile was
damaged and he/she lost the use of it during the period required for its repair
or replacement.
WHEREFORE plaintiff demands judgment for damages against
defendants.
NOTE: This form, except for paragraph 2b, is for use when owner and
driver are different persons. Use paragraph 2b when they are the same. If
paragraph 2b is used, “defendants” must be changed to “defendant” wherever it
appears.
Committee Notes
1980 Amendment. This form was changed to show that one of the alternatives
in paragraph 2 is used, but not both, and paragraph 4 has been changed to
paraphrase Standard Jury Instruction 6.2.
FORM 1.946 MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS
UNABLE TO DETERMINE WHO IS RESPONSIBLE
COMPLAINT
Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On or about .....(date)....., defendant, C. D., or defendant, E. F., or
both defendants, owned and operated motor vehicles at .................... in
...................., Florida.
3. At that time and place defendants, or one of them, negligently
operated or maintained their motor vehicles so that one or both of them
collided with plaintiff’s motor vehicle.
4. As a result plaintiff suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money, and aggravation of a
previously existing condition. The losses are either permanent or continuing
and plaintiff will suffer the losses in the future. Plaintiff’s automobile was
damaged and he/she lost the use of it during the period required for its repair
or replacement.
WHEREFORE plaintiff demands judgment for damages against
defendants.
NOTE: Allegations when owner and driver are different persons are
omitted from this form and must be added when proper.
Committee Notes
1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury
Instruction 6.2.
FORM 1.947 TENANT EVICTION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to evict a tenant from real property in ..................
County, Florida.
2. Plaintiff owns the following described real property in said county:
(describe property)
3. Defendant has possession of the property under (oral, written)
agreement to pay rent of $.......... payable . Defendant failed to pay rent due .....(date)......
5. Plaintiff served defendant with a notice on .....(date)....., to pay the
rent or deliver possession but defendant refuses to do either.
WHEREFORE plaintiff demands judgment for possession of the property
against defendant.
NOTE: Paragraph 3 must specify whether the rental agreement is written
or oral and if written, a copy must be attached.
FORM 1.947(B) ANSWER—RESIDENTIAL EVICTION
1. The defendant answers the complaint as follows: (Check ONLY 1,
a. or b.)
a. Defendant generally denies each statement of the
complaint.
b. Defendant admits that all the statements of the
complaint are true EXCEPT:
(i) The following statement(s) in paragraph(s)
of the complaint is/are false. Please explain:
(ii) I do not know whether the information in
paragraph(s) of the complaint is/are true or false, so I am
denying them.
2. If you write down any defense other than payment of rent, then
you must take one of the following steps:
a. If you agree with the landlord about the rent owed, then you
must pay the rent owed into the court registry when you file this response.
b. If you disagree with the landlord about the rent owed for any
reason, then you must check box 3(b) below and describe with detail why you
disagree.
c. You MUST pay the clerk of court the rent each time it
becomes due until the lawsuit is over.
If you fail to follow these instructions, then you will lose your defenses.
You will not have a hearing in your case and you may be evicted without a
court date.
3. The defendant sets forth the following defenses to the complaint:
(Check ONLY the defenses that apply, and state brief facts to support each
checked defense.)
a. The landlord did not make repairs, and I withheld my
rent after sending written notice to the landlord. (Attach a copy of the written
notice to the landlord.) Please explain:
b. I do not owe the total amount of rent or ongoing
amount of rent the landlord claims I owe. I am also asking this court to
determine the amount of rent that must be deposited into the court registry
and requesting a hearing. (Motion to Determine Rent.) Please explain:
c. I attempted/offered to pay all the rent due before the
notice to pay rent expired, but the landlord did not accept the rent payment.
Please explain:
d. I paid the rent demanded by the landlord in the notice
to pay rent. Please explain:
e. The landlord waived, changed, or canceled the notice
that required me to move out of the residence. Please explain:
f. The landlord filed the eviction in retaliation against
me. For example, the tenant has complained to a governmental agency charged
with responsibility for enforcement of building, housing, or health codes of a
suspected violation, or tenant has complained directly to the landlord. Please
explain:
g. The landlord filed the eviction in violation of the
Federal Fair Housing Act and/or the Florida Fair Housing Act. Please explain:
h. The landlord accepted rent from me after sending me
the notice to terminate. Please explain:
i. I already corrected the violations claimed by the
landlord on the notice to terminate. Please explain:
j. The landlord is not the owner of the property where I
live. Please explain:
k. I did not receive the notice to terminate or the notice
was legally incorrect. Please explain:
l. Other defenses. Please explain:
4. You have a constitutional right to request a trial by a jury of
your peers instead of a judge. However, there are some things you should
know about this right:
a. You may have waived this right in your lease, so review it
carefully before requesting a jury trial.
b. If you want a jury trial, you should request it in writing when
you file your answer or you may waive your right to a jury trial.
c. Jury trials are not simple to conduct. You will bear some
responsibility in the process and, if you are unprepared, it may be difficult to
represent yourself in a jury trial. Additionally, once you request a jury trial, if
you change your mind and you want the judge to decide your case, the
landlord will need to agree.
d. If you have questions about whether to request a jury trial,
you should speak with an attorney.
5. Select whether you want to request a jury trial: (Check only one.)
I want a judge to decide my case.
I want a jury to decide my case.
All of the statements made above are true to the best of my knowledge
and belief.
Signature:
Printed Name:
Date:
Address:
Telephone Number:
E-mail Address:
NOTE: Each defendant named in the complaint for whom this answer is
filed must sign this answer unless the defendant’s attorney signs.
FORM 1.948 THIRD-PARTY COMPLAINT. GENERAL FORM
THIRD-PARTY COMPLAINT
Defendant, C. D., sues third-party defendant, E. F., and alleges:
1. Plaintiff filed a complaint against defendant, C. D., a copy being
attached.
2. (State the cause of action that C. D. has against E. F. for all or part
of what A. B. may recover from C. D. as in an original complaint.)
WHEREFORE defendant C. D., demands judgment against the third-
party defendant, E. F., for all damages that are adjudged against defendant,
C.D., in favor of plaintiff.
NOTE: A copy of the complaint from which the third-party complaint is
derived must be attached.
Committee Notes
1988 Amendment. The first sentence was changed to eliminate the words
“and third party plaintiff.”
FORM 1.949 IMPLIED WARRANTY
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant manufactured a product known and described as
(describe product).
3. Defendant warranted that the product was reasonably fit for its
intended use as (describe intended use).
4. On .....(date)....., at .................. in .................. County, Florida, the
product (describe the occurrence and defect that resulted in injury) while being
used for its intended purpose, causing injuries to plaintiff who was then a user
of the product.
5. As a result plaintiff was injured in and about his/her body and
extremities, suffered pain therefrom, incurred medical expense in the treatment
of the injuries, and suffered physical handicap, and his/her working ability
was impaired; the injuries are either permanent or continuing in their nature
and plaintiff will suffer the losses and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against
defendant.
Committee Notes
1972 Amendment. This form is changed to require an allegation of the
defect in paragraph 4. Contentions were made in trial courts that the form as
presently authorized eliminated the substantive requirement that the plaintiff
prove a defect except under those circumstances when substantive law
eliminates the necessity of such proof. Paragraph 4 is amended to show that no
substantive law change was intended.
FORM 1.951 FALL-DOWN NEGLIGENCE COMPLAINT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On .....(date)....., defendant was the owner and in possession of a
building at .................... in ...................., Florida, that was used as a (describe
use).
3. At that time and place plaintiff went on the property to (state
purpose).
4. Defendant negligently maintained (describe item) on the property
by (describe negligence or dangerous condition) so that plaintiff fell on the
property.
5. The negligent condition was known to defendant or had existed for
a sufficient length of time so that defendant should have known of it.
6. As a result plaintiff was injured in and about his/her body and
extremities, suffered pain therefrom, incurred medical expense in the treatment
of the injuries, and suffered physical handicap, and his/her working ability
was impaired; the injuries are either permanent or continuing in nature and
plaintiff will suffer the losses and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.960 BOND. GENERAL FORM
(TYPE OF BOND)
WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are
bound to (defendant’s name) in the sum of $.......... for the payment of which
we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if plaintiff shall (insert
condition), then this bond is void; otherwise it remains in force.
SIGNED AND SEALED on ................
As Principal
(surety’s name)
By
As Attorney in Fact
As Surety
Approved on …..(date)…..
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1992 Amendment. The “Approved on [.....(date).....]” line is moved to a location
immediately above the clerk’s name.
FORM 1.961 VARIOUS BOND CONDITIONS
The following conditions are to be inserted in the second paragraph of
form 1.960 in the blank provided for the condition of the bond. Other proper
conditions must be inserted for other types of bonds.
(a) Attachment, Garnishment, and Distress.
. . . pay all costs and damages that defendant sustains in consequence of
plaintiff improperly suing out (type of writ) in this action . . .
NOTE: The condition of an attachment bond in aid of foreclosure when
the holder of the property is unknown is different from the foregoing condition.
See section 76.12, Florida Statutes.
(b) Costs.
. . . pay all costs and charges that are adjudged against plaintiff in this
action . . .
(c) Replevin.
. . . prosecute this action to effect and without delay, and if defendant
recovers judgment against plaintiff in this action, plaintiff shall return the
property replevied if return of it is adjudged, and shall pay defendant all money
recovered against plaintiff by defendant in this action . . .
FORM 1.965 DEFENSE. STATUTE OF LIMITATIONS
Each cause of action, claim, and item of damages did not accrue within
the time prescribed by law for them before this action was brought.
FORM 1.966 DEFENSE. PAYMENT
Before commencement of this action defendant discharged plaintiff’s
claim and each item of it by payment.
FORM 1.967 DEFENSE. ACCORD AND SATISFACTION
On .....(date)....., defendant delivered to plaintiff and plaintiff accepted
from defendant (specify consideration) in full satisfaction of plaintiff’s claim.
FORM 1.968 DEFENSE. FAILURE OF CONSIDERATION
The sole consideration for the execution and delivery of the promissory
note described in paragraph ………. of the complaint was plaintiff’s promise to
lend defendant $1,000; plaintiff failed to lend the sum to defendant.
NOTE: This form is for failure to complete the loan evidenced by a
promissory note. The contract, consideration, and default of the plaintiff must
be varied to meet the facts of each case.
FORM 1.969 DEFENSE. STATUTE OF FRAUDS
The agreement alleged in the complaint was not in writing and signed by
defendant or by some other person authorized by defendant and was to answer
for the debt, default, or miscarriage of another person.
NOTE: This form is for one of the cases covered by the Statute of Frauds.
It must be varied to meet the facts of other cases falling within the statute.
FORM 1.970 DEFENSE. RELEASE
On .....(date)....., and after plaintiff’s claim in this action accrued, plaintiff
released defendant from it, a copy of the release being attached.
NOTE: This form is for the usual case of a written release. If the release
is not in writing, the last clause must be omitted and the word “orally” inserted
before “released.”
FORM 1.971 DEFENSE. MOTOR VEHICLE CONTRIBUTORY
NEGLIGENCE
Plaintiff’s negligence contributed to the accident and his/her injury and
damages because he/she negligently operated or maintained the motor vehicle
in which he/she was riding so that it collided with defendant’s motor vehicle.
FORM 1.972 DEFENSE. ASSUMPTION OF RISK
Plaintiff knew of the existence of the danger complained of in the
complaint, realized and appreciated the possibility of injury as a result of the
danger, and, having a reasonable opportunity to avoid it, voluntarily exposed
himself/herself to the danger.
Committee Note
1980 Amendment. This form is amended to show the substantive changes
caused by the substitution of the doctrine of comparative negligence for
contributory negligence. The form is paraphrased from Standard Jury
Instruction 3.8.
FORM 1.975 NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL
CHALLENGE IS BROUGHT
NOTICE OF COMPLIANCE WITH
SECTION 86.091, FLORIDA STATUTES
The undersigned hereby gives notice of compliance with Fla. R. Civ. P.
1.071, with respect to the constitutional challenge brought pursuant to
.....(Florida statute, charter, ordinance, or franchise challenged)...... The
undersigned complied by serving the .....(Attorney General for the state of
Florida or State Attorney for the ………. Judicial Circuit)...... with a copy of the
pleading or motion challenging .....(Florida statute, charter, ordinance, or
franchise challenged)....., by .....(certified or registered mail)..... on .....(date)......
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Committee Notes
2010 Adoption. This form is to be used to provide notice of a
constitutional challenge as required by section 86.091, Florida Statutes. See
rule 1.071. This form is to be used when the Attorney General or the State
Attorney is not a named party to the action, but must be served solely in order
to comply with the notice requirements set forth in section 86.091.
FORM 1.976 STANDARD INTERROGATORIES
The forms of Florida standard interrogatories approved by the supreme
court shall be used in the actions to which they apply, subject to the
requirements of rule 1.340.
FORM 1.977 FACT INFORMATION SHEET
(a) For Individuals.
(CAPTION)
FACT INFORMATION SHEET
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address (if different):
Telephone Numbers: (Home)
(Business)
Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $ per Average Paycheck: $ per
Average Commissions or Bonuses: $ per .
Commissions or bonuses are based on
Other Personal Income: $ from
(Explain details on the back of this sheet or an additional sheet if necessary.)
Social Security Number: Birthdate:
Driver’s License Number:
Marital Status: Spouse’s Name:
********
Spouse Related Portion
Spouse’s Address (if different):
Spouse’s Social Security Number: Birthdate:
Spouse’s Employer:
Spouse’s Average Paycheck or Income: $ per
Other Family Income: $ per (Explain details on back of this
sheet or an additional sheet if necessary.)
Describe all other accounts or investments you may have, including stocks,
mutual funds, savings bonds, or annuities, on the back of this sheet or on an
additional sheet if necessary.
********
Names and Ages of All Your Children (and addresses if not living with you):
Child Support or Alimony Paid: $ per
Names of Others You Live With:
Who is Head of Your Household? You Spouse
Other Person
Checking Account at: Account #
Savings Account at: Account #
For Real Estate (land) You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: $
(Attach a copy of the deed or mortgage, or list the legal description of the
property on the back of this sheet or an additional sheet if necessary. Also
provide the same information on any other property you own or are buying.)
For All Motor Vehicles You Own or Are Buying:
Year/Make/Model: Color:
Vehicle ID #: Tag No: Mileage:
Names on Title: Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
(List all other automobiles, as well as other vehicles, such as boats,
motorcycles, bicycles, or aircraft, on the back of this sheet or an additional
sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth
more than $100 to any person in the last year? If your answer is “yes,” describe
the property, market value, and sale price, and give the name and address of
the person who received the property.
Does anyone owe you money? Amount Owed: $
Name and Address of Person Owing Money:
Reason money is owed:
Please attach copies of the following:
a. Your last pay stub.
b. Your last 3 statements for each bank, savings, credit union, or other
financial account.
c. Your motor vehicle registrations and titles.
d. Any deeds or titles to any real or personal property you own or are
buying, or leases to property you are renting.
e. Your financial statements, loan applications, or lists of assets and
liabilities submitted to any person or entity within the last 3 years.
f. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor
STATE OF FLORIDA
COUNTY OF ……….
Sworn to (or affirmed) and subscribed before me this ________ day of ______
(year) by (name of person making statement)
Notary Public of Florida
My Commission expires: ……….
Personally known ________ OR Produced Identification _______
Type of identification produced ___________________________
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL
ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT
CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE
CLERK OF COURT.
(b) For Corporations and Other Business Entities.
(CAPTION)
FACT INFORMATION SHEET
Name of entity:
Name and title of person filling out this form:
Telephone number:
Place of business:
Mailing address (if different):
Gross/taxable income reported for federal income tax purposes last three
years:
$ /$ $ /$ $ /$
Taxpayer identification number:
Is this entity an S corporation for federal income tax purposes? Yes
No
Average number of employees per month
Name of each shareholder, member, or partner owning 5% or more of the
entity’s common stock, preferred stock, or other equity interest:
Names of officers, directors, members, or partners:
Checking account at: Account #
Savings account at: Account #
Does the entity own any vehicles? Yes No
For each vehicle please state:
Year/Make/Model: Color:
Vehicle ID No: Tag No: Mileage:
Names on Title: Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
Does the entity own any real property? Yes No
If yes, please state the address(es):
Please check if the entity owns the following
Boat
Camper
Stocks/bonds
Other real property
Other personal property
Please attach copies of the following:
1. Copies of state and federal income tax returns for the past 3 years.
2. All bank, savings and loan, and other account books and statements for
accounts in institutions in which the entity had any legal or equitable interest
for the past 3 years.
3. All canceled checks for the 12 months immediately preceding the service
date of this Fact Information Sheet for accounts in which the entity held any
legal or equitable interest.
4. All deeds, leases, mortgages, or other written instruments evidencing any
interest in or ownership of real property at any time within the 12 months
immediately preceding the date this lawsuit was filed.
5. Bills of sale or other written evidence of the gift, sale, purchase, or other
transfer of any personal or real property to or from the entity within the 12
months immediately preceding the date this lawsuit was filed.
6. Motor vehicle or vessel documents, including titles and registrations
relating to any motor vehicles or vessels owned by the entity alone or with
others.
7. Financial statements as to the entity’s assets, liabilities, and owner’s
equity prepared within the 12 months immediately preceding the service date
of this Fact Information Sheet.
8. Minutes of all meetings of the entity’s members, partners, shareholders,
or board of directors held within 2 years of the service date of this Fact
Information Sheet.
9. Resolutions of the entity’s members, partners, shareholders, or board of
directors passed within 2 years of the service date of this Fact Information
Sheet.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor’s Designated
Representative/Title
STATE OF FLORIDA
COUNTY OF ……….
Sworn to (or affirmed) and subscribed before me this _____ day of ____________
(year) by (name of person making statement).
Personally known ____ OR Produced identification __________
Type of identification produced __________________________
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL
ATTACHMENTS, TO THE PLAINTIFF’S JUDGMENT CREDITOR OR THE
PLAINTIFF’S JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE
THIS FORM WITH THE CLERK OF THE COURT.
Committee Notes
2000 Adoption. This form is added to comply with amendments to rule
1.560.
2013 Amendment. This amendment clarifies that the judgment debtor
should mail or deliver the Fact Information Sheet only to the judgment creditor
or the judgment creditor’s attorney, and should not file the Fact Information
Sheet with the clerk of the court.
FORM 1.980 DEFAULT
MOTION FOR DEFAULT
Plaintiff moves for entry of a default by the clerk against defendant
………. for failure to serve any document on the undersigned or file any
document as required by law.
Attorney for Plaintiff
DEFAULT
A default is entered in this action against the defendant named in the
foregoing motion for failure to serve or file any document as required by law.
Dated on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
FORM 1.981 SATISFACTION OF JUDGMENT
SATISFACTION OF JUDGMENT
The undersigned, owner and holder of a final judgment rendered in the
above-captioned civil action, dated .........., recorded in .................... County,
Official Records Book ..... beginning at Page ....., acknowledges that all sums
due under it have been fully paid and that final judgment is hereby canceled
and satisfied of record.
Dated on .....................
Judgment Owner and Holder (or their attorney)
STATE OF FLORIDA
COUNTY OF _______
The foregoing instrument was acknowledged before me this _____ day of
___________, 20___, by (name of person acknowledging).
(NOTARY SEAL) (Signature of Notary Public-State of
Florida)
(Name of Notary Typed, Printed, or
Stamped)
Personally Known _________ OR Produced Identification ______
Type of Identification Produced ___________________________
Committee Notes
2003 Amendment. This satisfaction of judgment is a general form. It is
a new form. To ensure identity of the signer, notarization is prudent but not
required. If a certified copy of the judgment is recorded, it may be prudent to
include that recording information.
2013 Amendment. This form has been changed to remove unnecessary
language and to include the acknowledgment required by sections 695.03 and
701.04, Florida Statutes.
FORM 1.982 CONTEMPT NOTICE
MOTION AND NOTICE OF HEARING
TO: (name of attorney for party, or party if not represented)
YOU ARE NOTIFIED that plaintiff will apply to the Honorable ………. ,
Circuit Judge, on .....(date)....., at ......m., in the ……….. County Courthouse at
………., Florida, for an order adjudging (defendant’s name) in contempt of court
for violation of the terms of the order or judgment entered by this court on
.....(date)....., by failing to ..............., and I certify that a copy hereof has been
furnished to …….... by mail on .....(date)......
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact [identify applicable
court personnel by name, address, and telephone number] at least 7 days
before your scheduled court appearance, or immediately upon receiving
this notification if the time before your scheduled appearance is less than
7 days; if you are hearing or voice impaired, call 711.
NOTE: The particular violation must be inserted in the motion and notice. A
separate motion is unnecessary.
Committee Note
2013 Amendment. The notice to persons with disabilities was amended to
make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.983 PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS:
Before you file a copy of this form, redact the month and date of the
prospective juror’s birth in question #3, but retain the year of birth.
Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)
QUESTIONNAIRE FOR PROSPECTIVE JURORS
1. Name: (print)
........……………………...............................................................................
(first) (middle) (last)
2. Residence address:
…………….......................................................................................
(street and number)
.......................................................................................................
(city) (zip)
3. Date of birth:
.............…................................................................................................
Sex: .................................... Occupation: . Do you understand the English language?
........................................ .........................................
(yes) (no)
5. Do you read and write the English language?
...................................... .......................................
(yes) (no)
6. Have you ever been convicted of a crime and not restored to your
civil rights?
................................... ......................................
(yes) (no)
If “yes,” state the nature of crime(s), the date of the conviction(s), and the
name of the court in which you were convicted:
……………………………………………………………………………………….........
.……………………………………………………………………………….................
7. Are there any criminal charges pending against you of which you
are aware?
.................................. .......................................
(yes) (no)
If “yes,” state the nature of the charge and the name of the court (s) in
which the case(s) is pending:
………………………………………………………………………………..................
.……………………………………………………………………………….................
8. FULL TIME LAW ENFORCEMENT OFFICERS AND LAW
ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b),
Florida Statutes, provides that “[a]ny full-time federal state, or local law
enforcement officer or such entities’ investigative personnel shall be excused
from jury service unless such persons choose to serve.” Do you choose to
serve?
............................... ......................................
(yes) (no)
9. List any official executive office you now hold with the federal,
state, or ………. county government:
..................………………………………………………………………………………
..................………………………………………………………………………………
10. Is your hearing good? ...................... ........................
(yes) (no)
Is your eyesight good? ................... ..........................
(yes) (no)
(The court may require a medical certificate.)
11. Do you have any physical or mental disability (mental illness,
intellectual disability, senility, or other physical or mental incapacity) that
would interfere with your service as a juror?
..................................... ...........................................
(yes) (no)
If “yes,” state the nature:
.…………………………………………...................................……..................
(The court may require a written statement from a physician.)
12. Do you know of any reason (s) why you cannot serve as a juror?
............................... ......................................
(yes) (no)
If “yes,” state the reason (s):
………………………………………………………………………………..................
………………………………………………………………………………..................
13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4),
Florida Statutes, provides that “[a]ny expectant mother and parent who is not
employed full time and who has custody of a child under 6 years of age, upon
request, shall be excused from jury service.” Do you want to be excused under
this provision?
............................... ......................................
(yes) (no)
If “yes,” what are the ages of your children?
. NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes,
provides that “[a] woman who has given birth within the 6 months before the
reporting date on a summons for jury service shall be excused upon request.”
Do you want to be excused under this provision?
............................... ......................................
(yes) (no)
15. CAREGIVER: Section 40.013(10), Florida Statutes, provides that
“[a]ny person who is responsible for the care of a person who, because of
mental illness, intellectual disability, senility, or other physical or mental
incapacity, is incapable of caring for himself or herself shall be excused from
jury service upon request.” Do you want to be excused under this provision?
............................... ......................................
(yes) (no)
If “yes,” state the reason(s):
. FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes,
provides that “[u]pon request, a full-time student between 18 and 21 years of
age, inclusive, who is attending high school or any state university, private
postsecondary educational institution, Florida College System institution, or
career center shall be excused from that specific summons for jury service.” Do
you want to request to be excused under this provision?
............................... ......................................
(yes) (no)
If “yes,” what is the name of your school?
................................................................................................................
Signature
This is not a summons for jury duty. If your name is later drawn for jury
service, you will be summoned by clerk of court by mail.
NOTE: This form does not use a caption as shown in
FORM 1.901 It may
be headed with the designation of the jury authority charged by law with the
selection of prospective jurors.
FORM 1.984 JUROR VOIR DIRE QUESTIONNAIRE
JURY QUESTIONNAIRE
Instructions to Jurors
You have been selected as a prospective juror. It will aid the court and
help shorten the trial of cases if you will answer the questions on this form and
return it in the enclosed self-addressed stamped envelope within the next 2
days. Please complete the form in blue or black ink and write as dark and
legibly as you can.
1. Name (print)
(first) (middle) (last)
2. Residence address
3. Years of residence: In Florida
In this county
4. Former residence
5. Marital status: (married, single, divorced, widow, or widower)
6. State the highest level of education you completed
Less than high school Some college
High school Associate degree
Vocational/Technical school College degree
Post graduate degree
7. Your occupation and employer
8. If you are not now employed, give your last occupation and
employer
9. If married, name and occupation of husband or wife
10. Have you served as a juror before?
11. Have you or any member of your immediate family been a party to
any lawsuit?
If so, when and in what court?
12. Are you either a close friend of or related to any law enforcement
officer?
13. Has a claim for personal injuries ever been made against you or
any member of your family?
14. Have you or any member of your family ever made any claim for
personal injuries?
Juror’s Signature
NOTE: This form does not have a caption as shown in form 1.901, but
should be headed with the name of the court summoning the juror.
FORM 1.986 VERDICTS
In all civil actions tried by a jury, the parties should refer to the model
verdict forms contained in the Florida Standard Jury Instructions in Civil
Cases, as applicable.
FORM 1.988 JUDGMENT AFTER DEFAULT
(a) General Form. This form is the general form for a judgment after
default, not including recovery for prejudgment interest and attorneys’ fees:
FINAL JUDGMENT
This action was heard after entry of default against defendant and
IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from
defendant, .....(name and address, and last 4 digits of social security number if
known)....., the sum of $.......... with costs in the sum of $.........., that shall
bear interest at the rate of .....% a year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
(b) Form with Interest and Fees. This form is for judgment after
default including prejudgment interest and attorneys’ fees recovered:
FINAL JUDGMENT
This action was heard after entry of default against defendant and
IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from
defendant, .....(name and address, and last 4 digits of social security number if
known)....., the sum of $.......... on principal, $.......... for attorneys’ fees with
costs in the sum of $.........., and pre-judgment interest in the sum of $..........,
making a total of $.......... that shall bear interest at the rate of .....% a year, for
which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes;
Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The
address and social security number (if known) of each person against whom
the judgment is rendered must be included in the judgment, pursuant to
section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4
digits of the social security number should be shown.
Committee Notes
1980 Adoption. This form is new.
2003 Amendment. Subdivision (b) is amended to include prejudgment
interest in the total judgment pursuant to Quality Engineered Installation, Inc.
v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996).
FORM 1.989 ORDER OF DISMISSAL FOR LACK OF PROSECUTION
(a) Notice of Lack of Prosecution.
NOTICE OF LACK OF PROSECUTION
PLEASE TAKE NOTICE that it appears on the face of the record that no
activity by filing of pleadings, order of court, or otherwise has occurred for a
period of 10 months immediately preceding service of this notice, and no stay
has been issued or approved by the court. Pursuant to rule 1.420(e), if no such
record activity occurs within 60 days following the service of this notice, and if
no stay is issued or approved during such 60-day period, this action may be
dismissed by the court on its own motion or on the motion of any interested
person, whether a party to the action or not, after reasonable notice to the
parties, unless a party shows good cause in writing at least 5 days before the
hearing on the motion why the action should remain pending.
(b) Order Dismissing Case for Lack of Prosecution.
ORDER OF DISMISSAL
This action was heard on the .....respondent’s/court’s/interested
party’s..... motion to dismiss for lack of prosecution served on .....(date)...... The
court finds that (1) notice pre-scribed by rule 1.420(e) was served on
.....(date).....; (2) there was no record activity during the 10 months immediately
preceding service of the foregoing notice; (3) there was no record activity during
the 60 days immediately following service of the foregoing notice; (4) no stay
has been issued or approved by the court; and (5) no party has shown good
cause why this action should remain pending. Accordingly,
IT IS ORDERED that this action is dismissed for lack of prosecution.
ORDERED at ...................., Florida, on .....(date)......
Judge
FORM 1.990 FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR
DAMAGES
FINAL JUDGMENT
Pursuant to the verdict rendered in this action
IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from
defendant, .....(name and address, and last 4 digits of social security number if
known)....., the sum of $.......... with costs in the sum of $.........., making a
total of $.........., that shall bear interest at the rate of .....% a year, for which let
execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes;
Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The
address and social security number (if known) of each person against whom
the judgment is rendered must be included in the judgment, pursuant to
section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4
digits of the social security number should be shown.
FORM 1.991 FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR
DAMAGES
FINAL JUDGMENT
Pursuant to the verdict rendered in this action
IT IS ADJUDGED that plaintiff, .....(name and address, and last 4 digits
of social security number if known)....., take nothing by this action and that
defendant, .....(name and address)....., shall go hence without day and recover
costs from plaintiff in the sum of $.......... that shall bear interest at the rate of
.....% a year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes;
Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The
address and social security number (if known) of each person against whom
the judgment is rendered must be included in the judgment, pursuant to
section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4
digits of the social security number should be shown.
FORM 1.993 FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM
NON-JURY
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. (list adjudications in numbered paragraphs)
2. ..................................................
(See note below on name, address, and
social security number requirements.)
ORDERED at ....................., Florida, on .....(date)......
Judge
NOTE: Findings of fact can be inserted after “presented” if desired. The
address of the person who claims a lien as a result of the judgment must be
included in the judgment in order for the judgment to become a lien on real
estate when a certified copy of the judgment is recorded. Alternatively, an
affidavit with this information may be simultaneously recorded. For the specific
requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v.
Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security
number (if known) of each person against whom the judgment is rendered
must be included in the judgment, pursuant to section 55.01(2), Florida
Statutes. However, for privacy reasons, only the last 4 digits of the social
security number should be shown.
FORM 1.994 FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM.
NON-JURY FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that plaintiff, .....(name and address, and last 4 digits
of social security number if known)....., take nothing by this action and that
defendant, .....(name and address)....., shall go hence without day and recover
costs from plaintiff in the sum of $.......... that shall bear interest at the rate of
.....% a year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: Findings of fact can be inserted after “presented” if desired. The
address of the person who claims a lien as a result of the judgment must be
included in the judgment in order for the judgment to become a lien on real
estate when a certified copy of the judgment is recorded. Alternatively, an
affidavit with this information may be simultaneously recorded. For the specific
requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v.
Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security
number (if known) of each person against whom the judgment is rendered
must be included in the judgment, pursuant to section 55.01(2), Florida
Statutes. However, for privacy reasons, only the last 4 digits of the social
security number should be shown.
FORM 1.995 FINAL JUDGMENT OF REPLEVIN
NOTE APPLICABLE TO FORMS (a)–(d): The address of the person who
claims a lien as a result of the judgment must be included in the judgment in
order for the judgment to become a lien on real estate when a certified copy of
the judgment is recorded. Alternatively, an affidavit with this information may
be simultaneously recorded. For the specific requirements, see section
55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla.
4th DCA 1998). The address and social security number (if known) of each
person against whom the judgment is rendered must be included in the
judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy
reasons, only the last 4 digits of the social security number should be shown.
(a) Judgment in Favor of Plaintiff when Plaintiff Has Possession.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence
presented
IT IS ADJUDGED that:
1. Plaintiff, .....(name and address)....., has the right against
defendant, .....(name and address, and last 4 digits of social security if
known)....., to retain possession of the following described property:
(list the property and include a value for each item)
2. Plaintiff shall recover from defendant the sum of $.......... as
damages for the detention of the property and the sum of $.......... as costs,
making a total of $.........., which shall bear interest at the rate of .....% per
year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: This form applies when the plaintiff has recovered possession
under a writ of replevin and prevailed on the merits. Pursuant to section 78.18,
Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can
also recover damages for the wrongful taking and detention of the property,
together with costs. Generally these damages are awarded in the form of
interest unless loss of use can be proven. Ocala Foundry & Machine Works v.
Lester, 49 Fla. 199, 38 So. 51 (1905).
If the defendant has possession of part of the property, see form 1.995(b).
(b) Judgment in Favor of Plaintiff when Defendant Has
Possession.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence
presented
IT IS ADJUDGED that:
1. Plaintiff, .....(name and address)....., has the right against
defendant, .....(name and address, and last 4 digits of social security number if
known)....., to possession of the following described property:
(list the property and include a value for each item)
for which the clerk of the court shall issue a writ of possession; or
2. Plaintiff shall recover from defendant [if applicable add “and surety
on the forthcoming bond”] the sum of $.......... for the value of the property,
which shall bear interest at the rate of .....% per year, for which let execution
issue.
3. Plaintiff shall recover from defendant the sum of $.......... as
damages for the detention of the property and the sum of $.......... as costs,
making a total of $.........., which shall bear interest at the rate of .....% per
year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: This form applies when the plaintiff prevails on the merits and
the defendant retains possession of the property. Section 78.19, Florida
Statutes (1995), allows the plaintiff to recover the property or its value or the
value of the plaintiff’s lien or special interest. The value for purposes of
paragraph 2 is either the value of the property or the value of the plaintiff’s lien
or special interest.
Paragraph 3 of the form provides for damages for detention only against
the defendant because the defendant’s surety obligates itself only to ensure
forthcoming of the property, not damages for its detention.
Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the
form provide the plaintiff the option of obtaining either a writ of possession or
execution against the defendant and defendant’s surety on a money judgment
for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th
DCA 1993). If the plaintiff elects the writ of possession for the property and the
sheriff is unable to find it or part of it, the plaintiff may immediately have
execution against the defendant for the whole amount recovered or the amount
less the value of the property found by the sheriff. If the plaintiff elects
execution for the whole amount, the officer shall release all property taken
under the writ.
If the plaintiff has possession of part of the property, see form 1.995(a).
(c) Judgment in Favor of Defendant when Defendant Has
Possession under Forthcoming Bond.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence
presented
IT IS ADJUDGED that:
1. Defendant, .....(name and address)....., has the right against
plaintiff, .....(name and address, and last 4 digits of social security number if
known)....., to possession of the following described property:
(list the property and include a value for each item)
2. Defendant retook possession of all or part of the property under a
forthcoming bond, and defendant’s attorney has reasonably expended .....
hours in representing defendant in this action and $.......... is a reasonable
hourly rate for the services.
3. Defendant shall recover from plaintiff the sum of $.......... for the
wrongful taking of the property, costs in the sum of $.........., and attorneys’
fees in the sum of $.........., making a total of $.........., which shall bear interest
at the rate of .....% per year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: This form applies when the defendant prevails and the property
was retained by or redelivered to the defendant. Section 78.20, Florida Statutes
(1995), provides for an award of attorneys’ fees. The prevailing defendant may
be awarded possession, damages, if any, for the taking of the property, costs,
and attorneys’ fees.
If the plaintiff has possession of part of the property, see form 1.995(d).
(d) Judgment in Favor of Defendant when Plaintiff Has
Possession.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence
presented
IT IS ADJUDGED that:
1. Defendant, .....(name and address)....., has the right against
plaintiff, .....(name and address, and last four digits of social security number if
known)....., to recover possession of the following described property:
(list the property and include a value for each item)
for which the clerk of the court shall issue a writ of possession; or
2. Defendant shall recover from plaintiff [if applicable add “and surety
on plaintiff’s bond”] the sum of $.......... for the value of the property, which
shall bear interest at the rate of .....% per year, for which let execution issue.
3. Defendant shall recover from plaintiff the sum of $.......... as
damages for detention of the property and the sum of $.......... as costs, making
a total of $.........., which shall bear interest at the rate of .....% per year, for
which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
NOTE: This form should be used when the defendant prevails but the
plaintiff has possession of the property. Section 78.21, Florida Statutes (1995),
does not provide for an award of attorneys’ fees when the defendant prevails
and possession had been temporarily retaken by the plaintiff. Sections 78.21
and 78.19 allow the defendant to recover the property or its value or the value
of the defendant’s special interest.
Paragraphs 1 and 2 of the form provide to the defendant the option of
obtaining either a writ of possession or execution against the plaintiff and
plaintiff’s surety on a money judgment for property not recovered and costs.
Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the defendant
elects the writ of possession for the property and the sheriff is unable to find it
or part of it, the defendant may immediately have execution against the
plaintiff and surety for the whole amount recovered or the amount less the
value of the property found by the sheriff. If the defendant elects execution for
the whole amount, the officer shall release all property taken under the writ.
If the defendant has possession of part of the property, see form 1.995(c).
FORM 1.996(A) FINAL JUDGMENT OF FORECLOSURE
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, .....(name and address)....., is due
Principal $..........
Interest to date of this judgement ..........
Title Search expenses ..........
Taxes ..........
Attorney’s fees total ..........
Court costs, now taxed ..........
Other ………. ..........
Subtotal $..........
LESS: Escrow balance $..........
LESS: Other $..........
TOTAL $..........
That must bear interest at a rate of .......... per year.
2. Lien on Property. Plaintiff holds a lien for the total sum superior
to all claims or estates of defendant(s), on the following described property in
.................... County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the rate
described in paragraph 1 and all costs accrued subsequent to this judgment
are not paid, the clerk of this court must sell the property at public sale on
.....(date)....., to the highest bidder for cash, except as prescribed in paragraph
4, at the courthouse located at .....(street address of courthouse)..... in ..........
County in .....(name of city)....., Florida, in accordance with section 45.031,
Florida Statutes, using the following method (CHECK ONE):
..... At .....(location of sale at courthouse; e.g., north door)....., beginning at
.....(time of sale)..... on the prescribed date.
..... By electronic sale beginning at .....(time of sale)..... on the prescribed date
at .....(website)......
4. Costs. Plaintiff must advance all subsequent costs of this action
and must be reimbursed for them by the clerk if plaintiff is not the purchaser
of the property for sale, provided, however, that the purchaser of the property
for sale must be responsible for the documentary stamps payable on the
certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s
bid with the total sum with interest and costs accruing subsequent to this
judgment, or such part of it as is necessary to pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title the clerk
must distribute the proceeds of the sale, so far as they are sufficient, by
paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the
certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 1 from
this date to the date of the sale; and by retaining any remaining amount
pending further order of this court.
6. Right of Redemption/Right of Possession. On filing the
certificate of sale, defendant(s) and all persons claiming under or against
defendant(s) since the filing of the notice of lis pendens must be foreclosed of
all estate or claim in the property and defendant’s right of redemption as
prescribed by section 45.0315, Florida Statutes, must be terminated, except as
to the rights of a bona fide tenant occupying residential premises under the
federal Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or section
83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter
720, Florida Statutes, if any. On the filing of the certificate of title, the person
named on the certificate of title must be let into possession of the property,
subject to the rights of a bona fide tenant occupying residential premises under
the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or
section 83.5615, Florida Statutes.
7. Attorneys’ Fees.
[If a default judgment has been entered against the mortgagor]
Because a default judgment has been entered against the mortgagor and
because the fees requested do not exceed 3% of the principal amount owed at
the time the complaint was filed, it is not necessary for the court to hold a
hearing or adjudge the requested attorneys’ fees to be reasonable.
[If no default judgment has been entered against the mortgagor]
The court finds, based on the affidavits/testimony presented and on
inquiry of counsel for the plaintiff that .......... hours were reasonably expended
by plaintiff's counsel and that an hourly rate of $.......... is appropriate.
Plaintiff’s counsel represents that the attorneys’ fees awarded does not exceed
its contract fee with the plaintiff. The court finds that there is/are no reduction
or enhancement factors for consideration by the court under Florida Patients
Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has
found that there are reduction or enhancement factors to be applied, then such
factors must be identified and explained herein).
[If the fees to be awarded are a flat fee]
The requested attorneys’ fees are a flat rate fee that the firm’s client has
agreed to pay in this matter. Given the amount of the fee requested and the
labor expended, the court finds that a lodestar analysis is not necessary and
that the flat fee is reasonable.
8. Jurisdiction Retained. Jurisdiction of this action is retained to
enter further orders that are proper including, without limitation, a deficiency
judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF
PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE
PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO
FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A
CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE
CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE
A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING
FUNDS.
[If the property being foreclosed on has qualified for the homestead tax
exemption in the most recent approved tax roll, the final judgment must
additionally contain the following statement in conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE
FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER
OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO
ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO
CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE
CONTACT THE CLERK OF THE COURT, (INSERT INFORMATION FOR
APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF
THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE
THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP
YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY
CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK
SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT
RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE
SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY
IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU
CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT
(INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE
NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO
REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST
OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL
OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
ORDERED at ..........., Florida, on .....(date)......
Judge
NOTE: Paragraph 1 must be varied in accordance with the items unpaid,
claimed, and proven. The form does not provide for an adjudication of junior
lienors’ claims nor for redemption by the United States of America if it is a
defendant. The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes;
Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998).
Committee Notes
1980 Amendment. The reference to writs of assistance in paragraph 7 is
changed to writs of possession to comply with the consolidation of the 2 writs.
2010 Amendment. Mandatory statements of the mortgagee/property
owner’s rights are included as required by the 2006 amendment to section
45.031, Florida Statutes. Changes are also made based on 2008 amendments
to section 45.031, Florida Statutes, permitting courts to order sale by
electronic means.
Additional changes were made to bring the form into compliance with
chapters 718 and 720 and section 45.0315, Florida Statutes, and to better
align the form with existing practices of clerks and practitioners. The
breakdown of the amounts due is now set out in column format to simplify
calculations. The requirement that the form include the address and social
security number of all defendants was eliminated to protect the privacy
interests of those defendants and in recognition of the fact that this form of
judgment does not create a personal final money judgment against the
defendant borrower, but rather an in rem judgment against the property. The
address and social security number of the defendant borrower should be
included in any deficiency judgment later obtained against the defendant
borrower.
2014 Amendment. These amendments added titles, updated statutory
reference to time for right of redemption, and added a paragraph on attorneys’
fees.
2019 Amendment. An amendment to paragraph 6 is intended to notify
all involved in mortgage foreclosure proceedings of section 83.561, Florida
Statute (2015), Termination of Rental Agreement upon Foreclosure, by adding
language from the statute.
2024 Amendment. The Florida Protecting Tenants at Foreclosure Act,
section 83.5615, Florida Statutes (2020), becomes effective only on the repeal
of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12
U.S.C. § 5220, note.
FORM 1.996(B) FINAL JUDGMENT OF FORECLOSURE FOR
REESTABLISHMENT OF LOST NOTE
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, .....(name and address)....., is
due
Principal $..........
Interest to date of this
judgement ..........
Title Search expenses
..........
Taxes ..........
Attorney’s fees total ..........
Court costs, now taxed ..........
Other ………. ..........
Subtotal $..........
LESS: Escrow balance ..........
LESS: Other ..........
TOTAL $..........
That must bear interest at a rate of .......... per year.
2. Lien on Property. Plaintiff holds a lien for the total sum superior
to all claims or estates of defendant(s), on the following described property
.......... County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the rate
described in paragraph 1 and all costs accrued subsequent to this judgment
are not paid, the clerk of this court must sell the property at public sale on
.....(date)….., to the highest bidder for cash, except as prescribed in paragraph
4, at the courthouse located at …..(street address of courthouse).…. in ..........
County in .....(name of city)....., Florida, in accordance with section 45.031,
Florida Statutes, using the following method (CHECK ONE):
..... At .....(location of sale at courthouse; e.g., north door)....., beginning at
.....(time of sale)..... on the prescribed date.
..... By electronic sale beginning at .....(time of sale)..... on the prescribed date
at .....(website)......
4. Costs. Plaintiff must advance all subsequent costs of this action
and must be reimbursed for them by the clerk if plaintiff is not the purchaser
of the property for sale, provided, however, that the purchaser of the property
for sale must be responsible for the documentary stamps payable on the
certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s
bid with the total sum with interest and costs accruing subsequent to this
judgment, or such part of it as is necessary to pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title the clerk
must distribute the proceeds of the sale, so far as they are sufficient, by
paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the
certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 1 from
this date to the date of the sale; and by retaining any remaining amount
pending further order of this court.
6. Right of Redemption/Right of Possession. On filing the
certificate of sale, defendant(s) and all persons claiming under or against
defendant(s) since the filing of the notice of lis pendens must be foreclosed of
all estate or claim in the property and defendant’s right of redemption as
prescribed by section 45.0315, Florida Statutes, must be terminated, except as
to the rights of a bona fide tenant occupying residential premises under the
federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or
section 83.5615, Florida Statutes, and claims or rights under chapter 718 or
chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the
person named on the certificate of title must be let into possession of the
property, subject to the rights of a bona fide tenant occupying residential
premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. §
5220, note, or section 83.5615, Florida Statutes.
7. Attorneys’ Fees.
[If a default judgment has been entered against the mortgagor]
Because a default judgment has been entered against the mortgagor and
because the fees requested do not exceed 3% of the principal amount owed at
the time the complaint was filed, it is not necessary for the court to hold a
hearing or adjudge the requested attorneys’ fees to be reasonable.
[If no default judgment has been entered against the mortgagor]
The court finds, based upon the affidavits/testimony presented and upon
inquiry of counsel for the plaintiff that .......... hours were reasonably expended
by plaintiff's counsel and that an hourly rate of $ .......... is appropriate.
Plaintiff’s counsel represents that the attorney fee awarded does not exceed its
contract fee with the plaintiff. The court finds that there are no reduction or
enhancement factors for consideration by the court under Florida Patients
Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has
found that there are reduction or enhancement factors to be applied, then such
factors must be identified and explained herein).
[If the fees to be awarded are a flat fee]
The requested attorneys’ fees are a flat rate fee that the firm’s client has
agreed to pay in this matter. Given the amount of the fee requested and the
labor expended, the court finds that a lodestar analysis is not necessary and
that the flat fee is reasonable.
8. Re-establishment of Lost Note. The court finds that the plaintiff
has re-established the terms of the lost note and its right to enforce the
instrument as required by applicable law. Plaintiff must hold the defendant(s)
maker of the note harmless and must indemnify defendant(s) for any loss
defendant(s) may incur by reason of a claim by any other person to enforce the
lost note. Adequate protection has been provided as required by law by the
following means: …..(identify means of security under applicable law: a written
indemnification agreement, a surety bond, include specific detail)…...
Judgment is hereby entered in favor of the plaintiff as to its request to
enforce the lost note.
9. Jurisdiction Retained. Jurisdiction of this action is retained to
enforce the adequate protection ordered and to enter further orders that are
proper including, without limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF
PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE
PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO
FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A
CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE
CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE
A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING
FUNDS.
[If the property being foreclosed on has qualified for the homestead tax
exemption in the most recent approved tax roll, the final judgment must
additionally contain the following statement in conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE
FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER
OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO
ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO
CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK
WITH THE CLERK OF THE COURT, (INSERT INFORMATION FOR
APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF
THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE
THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP
YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY
CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK
SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT
RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE
SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY
IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU
CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT
(INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE
NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO
REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST
OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL
OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: Paragraph 1 must be varied in accordance with the items unpaid,
claimed, and proven. The form does not provide for an adjudication of junior
lienors’ claims or for redemption by the United States of America if it is a
defendant. The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes;
Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998).
Committee Note
2014 Amendment. This new form is to be used when the foreclosure
judgment re-establishes a lost note.
2019 Amendment. The amendment to paragraph 6 is intended to notify
all involved in mortgage foreclosure proceedings of section 83.561, Florida
Statutes (2015), Termination of Rental Agreement upon Foreclosure, by adding
language from the statute.
2024 Amendment. The Florida Protecting Tenants at Foreclosure Act,
section 83.5615, Florida Statutes (2020), becomes effective only on the repeal
of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12
U.S.C. § 5220, note.
FORM 1.996(C) MOTION TO CANCEL AND RESCHEDULE FORECLOSURE
SALE
Plaintiff moves to cancel and reschedule the mortgage foreclosure sale
because:
1. On …..(date)….. this court entered a Final Judgment of Foreclosure
pursuant to which a foreclosure sale was scheduled for …..(date)……
2. The sale needs to be canceled for the following reason(s):
a. Plaintiff and defendant are continuing to be involved in loss
mitigation;
b. Defendant is negotiating for the sale of the property that is
the subject of this matter and plaintiff wants to allow the defendant an
opportunity to sell the property and pay off the debt that is due and owing to
plaintiff.
c. Defendant has entered into a contract to sell the property
that is the subject of this matter and plaintiff wants to give the defendant an
opportunity to consummate the sale and pay off the debt that is due and owing
to plaintiff.
d. Defendant has filed a Chapter Petition under
the Federal Bankruptcy Code;
e. Plaintiff has ordered but has not received a statement of
value/appraisal for the property;
f. Plaintiff and defendant have entered into a Forbearance
Agreement;
g. Other
3. If this Court cancels the foreclosure sale, plaintiff moves that it be
rescheduled.
I hereby certify that a copy of the foregoing motion has been furnished by
…..(method of service)….. to …..(name(s))….. on …..(date)…...
NOTE. This form is used to move the court to cancel and reschedule
a foreclosure sale.
FORM 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither replace nor
supplement the filing and service of pleadings or other documents as required
by law. This form must be filed by the plaintiff or petitioner with the Clerk of
Court for the purpose of reporting uniform data pursuant to section 25.075,
Florida Statutes. (See instructions for completion.)
I. CASE STYLE
(Name of Court) .
Plaintiff Case #
Judge
vs.
Defendant
II. AMOUNT OF CLAIM
Please indicate the estimated amount of the claim, rounded to the
nearest dollar. The estimated amount of the claim is requested for data
collection and clerical processing purposes only. The amount of the claim
shall not be used for any other purpose.
_____ $8,000 or less
_____ $8,001 - $30,000
_____ $30,001- $50,000
_____ $50,001- $75,000
_____ $75,001-$100,000
_____ over $100,000.00
III. TYPE OF CASE (If the case fits more than one type of case,
select the most definitive category.) If the most descriptive label is a
subcategory (is indented under a broader category), place an x on both the
main category and subcategory lines.
CIRCUIT CIVIL
Condominium
Contracts and indebtedness
Eminent domain
Auto negligence
Negligence—other
Business governance
Business torts
Environmental/Toxic tort
Third party indemnification
Construction defect
Mass tort
Negligent security
Nursing home negligence
Premises liability—commercial
Premises liability—residential
Products liability
___ Real property/Mortgage foreclosure
_____ Commercial foreclosure
_____ Homestead residential foreclosure
_____ Non-homestead residential foreclosure
_____ Other real property actions
Professional malpractice
Malpractice—business
Malpractice—medical
Malpractice—other professional
Other
Antitrust/Trade regulation
Business transactions
Constitutional challenge—statute or ordinance
Constitutional challenge—proposed amendment
Corporate trusts
Discrimination—employment or other
Insurance claims
Intellectual property
Libel/Slander
Shareholder derivative action
Securities litigation
Trade secrets
Trust litigation
COUNTY CIVIL
Civil
Real Property/Mortgage foreclosure
Replevins
Evictions
Residential Evictions
______ Non-residential Evictions
Other civil (non-monetary)
IV. REMEDIES SOUGHT (check all that apply):
Monetary;
Nonmonetary declaratory or injunctive relief;
Punitive
V. NUMBER OF CAUSES OF ACTION: [ ]
(Specify)
VI. IS THIS CASE A CLASS ACTION LAWSUIT?
yes
no
VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
no
yes If “yes,” list all related cases by name, case number, and
court.
VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?
yes
no
IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE?
yes
no
I CERTIFY that the information I have provided in this cover sheet is accurate
to the best of my knowledge and belief, and that I have read and will comply
with the requirements of Florida Rule of General Practice and Judicial
Administration 2.425.
Signature Fla. Bar #
Attorney or party (Bar # if attorney)
(type or print name) Date
FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL
COVER SHEET
Plaintiff must file this cover sheet with the first document filed in the action or
proceeding (except small claims cases, probate, or family cases). Domestic and
juvenile cases should be accompanied by a completed Florida Family Law
Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure
to file a civil cover sheet in any civil case other than those excepted above may
result in sanctions.
I. Case Style. Enter the name of the court, the appropriate case number
assigned at the time of filing of the original complaint or petition, the name of
the judge assigned (if applicable), and the name (last, first, middle initial) of
plaintiff(s) and defendant(s).
II. Amount of Claim. Enter the estimated amount of the claim, rounded to
the nearest dollar. The estimated amount of the claim is requested for data
collection and clerical processing purposes only. The amount of the claim shall
not be used for any other purpose.
III. Type of Case. Place an “X” on the appropriate line. If the cause fits more
than one type of case, select the most definitive. If the most definitive label is a
subcategory (indented under a broader category label), place an “X” on the
category and subcategory lines. Definitions of the cases are provided below in
the order they appear on the form.
Circuit Civil
(A) Condominium—all civil lawsuits pursuant to Chapter 718, Florida
Statutes, in which a condominium association is a party.
(B) Contracts and indebtedness—all contract actions relating to
promissory notes and other debts, including those arising from the sale of
goods, but excluding contract disputes involving condominium associations.
(C) Eminent domain—all matters relating to the taking of private
property for public use, including inverse condemnation by state agencies,
political subdivisions, or public service corporations.
(D) Auto negligence—all matters arising out of a party’s allegedly
negligent operation of a motor vehicle.
(E) Negligence—other—all actions sounding in negligence, including
statutory claims for relief on account of death or injury, that are not included
in other main categories.
(F) Business governance—all matters relating to the management,
administration, or control of a company.
(G) Business torts—all matters relating to liability for economic loss
allegedly caused by interference with economic or business relationships.
(H) Environmental/Toxic tort—all matters relating to claims that
violations of environmental regulatory provisions or exposure to a chemical
caused injury or disease.
(I) Third party indemnification—all matters relating to liability
transferred to a third party in a financial relationship.
(J) Construction defect—all civil lawsuits in which damage or injury
was allegedly caused by defects in the construction of a structure.
(K) Mass tort—all matters relating to a civil action involving numerous
plaintiffs against one or more defendants.
(L) Negligent security—all matters involving injury to a person or
property allegedly resulting from insufficient security.
(M) Nursing home negligence—all matters involving injury to a nursing
home resident resulting from negligence of nursing home staff or facilities.
(N) Premises liability—commercial—all matters involving injury to a
person or property allegedly resulting from a defect on the premises of a
commercial property.
(O) Premises liability—residential—all matters involving injury to a
person or property allegedly resulting from a defect on the premises of a
residential property.
(P) Products liability—all matters involving injury to a person or
property allegedly resulting from the manufacture or sale of a defective product
or from a failure to warn.
(Q) Real property/Mortgage foreclosure—all matters relating to the
possession, title, or boundaries of real property. All matters involving
foreclosures or sales of real property, including foreclosures associated with
condominium associations or condominium units. (The amount of claim
specified in Section II. of the form determines the filing fee pursuant to section
28.241, Florida Statutes.)
(R) Commercial foreclosure—all matters relating to the termination of
a business owner’s interest in commercial property by a lender to gain title or
force a sale to satisfy the unpaid debt secured by the property.
(S) Homestead residential foreclosure—all matters relating to the
termination of a residential property owner’s interest by a lender to gain title or
force a sale to satisfy the unpaid debt secured by the property where the
property has been granted a homestead exemption.
(T) Nonhomestead residential foreclosure—all matters relating to the
termination of a residential property owner’s interest by a lender to gain title or
force a sale to satisfy the unpaid debt secured by the property where the
property has not been granted a homestead exemption.
(U) Other real property actions—all matters relating to land, land
improvements, or property rights not involving commercial or residential
foreclosure.
(V) Professional malpractice—all professional malpractice lawsuits.
(W) Malpractice—business—all matters relating to a business’s or
business person’s failure to exercise the degree of care and skill that someone
in the same line of work would use under similar circumstances.
(X) Malpractice—medical—all matters relating to a doctor’s failure to
exercise the degree of care and skill that a physician or surgeon of the same
medical specialty would use under similar circumstances.
(Y) Malpractice—other professional—all matters relating to negligence
of those other than medical or business professionals.
(Z) Other—all civil matters not included in other categories.
(AA) Antitrust/Trade regulation—all matters relating to unfair methods
of competition or unfair or deceptive business acts or practices.
(AB) Business transactions—all matters relating to actions that affect
financial or economic interests.
(AC) Constitutional challenge—statute or ordinance—a challenge to a
statute or ordinance, citing a violation of the Florida Constitution.
(AD) Constitutional challenge—proposed amendment—a challenge to a
legislatively initiated proposed constitutional amendment, but excluding
challenges to a citizen-initiated proposed constitutional amendment because
the Florida Supreme Court has direct jurisdiction of such challenges.
(AE) Corporate trusts—all matters relating to the business activities of
financial services companies or banks acting in a fiduciary capacity for
investors.
(AF) Discrimination—employment or other—all matters relating to
discrimination, including employment, sex, race, age, handicap, harassment,
retaliation, or wages.
(AG) Insurance claims—all matters relating to claims filed with an
insurance company.
(AH) Intellectual property—all matters relating to intangible rights
protecting commercially valuable products of the human intellect.
(AI) Libel/Slander—all matters relating to written, visual, oral, or aural
defamation of character.
(AJ) Shareholder derivative action—all matters relating to actions by a
corporation’s shareholders to protect and benefit all shareholders against
corporate management for improper management.
(AK) Securities litigation—all matters relating to the financial interest or
instruments of a company or corporation.
(AL) Trade secrets—all matters relating to a formula, process, device, or
other business information that is kept confidential to maintain an advantage
over competitors.
(AM) Trust litigation—all civil matters involving guardianships, estates,
or trusts and not appropriately filed in probate proceedings.
County Civil
(AN) Civil – all matters involving claims ranging from $8,001 through
$30,000 in damages, exclusive of interest, costs, and attorney fees.
(AO) Real property/Mortgage foreclosure-all matters involving claims up
to $30,000 relating to the possession, title, or boundaries of real property. All
matters involving foreclosures or sales of real property up to $30,000, including
foreclosures associate with condominium associations or condominium units.
(AP) Replevins—all lawsuits pursuant to Chapter 78, Florida Statutes,
involving claims up to $30,000.
(AQ) Evictions—all matters involving the recovery of possession of
leased land or rental property by process of law.
(AR) Other civil (non-monetary)—includes all other non-monetary
county civil matters that were not described in other county civil categories.
IV. Remedies Sought. Place an “X” on the appropriate line. If more than
one remedy is sought in the complaint or petition, check all that apply.
V. Number of Causes of Action. If the complaint or petition alleges more
than one cause of action, note the number and the name of the cause of action.
VI. Class Action. Place an “X” on the appropriate line.
VII. Related Cases. Place an “X” on the appropriate line.
VIII. Is Jury Trial Demanded In Complaint? Check the appropriate line to
indicate whether a jury trial is being demanded in the complaint.
IX. Sexual Abuse. Plan an “X” on the appropriate line.
ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the
name of the person signing the civil cover sheet. Attorneys must include a
Florida Bar number. Insert the date the civil cover sheet is signed. Signature
is a certification that the filer has provided accurate information on the civil
cover sheet, and has read and complied with the requirements of Florida
Rule of General Practice and Judicial Administration 2.425.
FORM 1.998 FINAL DISPOSITION FORM
This form shall be filed by the prevailing party with the Clerk of Court for the
purpose of reporting uniform case data pursuant to Florida Statutes section
25.075. (See instructions on the reverse of the form.)
I. CASE STYLE
(Name of Court) .
Plaintiff Case #
Judge
vs.
Defendant
II. AMOUNT OF FINAL JUDGMENT
Please indicate the amount of the final judgment, rounded to the nearest
dollar. $
III. MEANS OF FINAL DISPOSITION (Place an “x” in one box for major
category and one subcategory, if applicable, only)
Dismissed Before Hearing
Dismissed Pursuant to Settlement—Before Hearing
Dismissed Pursuant to Mediated Settlement—Before Hearing
Other—Before Hearing
Dismissed After Hearing
Dismissed Pursuant to Settlement—After Hearing
Dismissed Pursuant to Mediated Settlement—After Hearing
Other After Hearing—After Hearing
Disposed by Default
Disposed by Judge
Disposed by Non-jury Trial
Disposed by Jury Trial
Other
DATE
SIGNATURE OF ATTORNEY FOR PREVAILING PARTY
INSTRUCTIONS FOR ATTORNEYS
COMPLETING FINAL
DISPOSITION FORM
I. Case Style. Enter the name of the court, the appropriate case number
assigned at the time of filing of the original complaint or petition, the name of
the judge assigned to the case and the names (last, first, middle initial) of
plaintiff(s) and defendant(s).
II. Amount of Final Judgment. Enter the amount as recorded in the final
judgment.
III. Means of Final Disposition. Place an “x” in the appropriate major
category box and in the appropriate subcategory box, if applicable. The
following are the definitions of the disposition categories.
(A) Dismissed Before Hearing—the case is settled, voluntarily
dismissed, or otherwise disposed of before a hearing is held;
(B) Dismissed Pursuant to Settlement—Before Hearing—the case is
voluntarily dismissed by the plaintiff after a settlement is reached without
mediation before a hearing is held;
(C) Dismissal Pursuant to Mediated Settlement—Before Hearing—the
case is voluntarily dismissed by the plaintiff after a settlement is reached with
mediation before a hearing is held;
(D) Other—Before Hearing—the case is dismissed before hearing in an
action that does not fall into one of the other disposition categories listed on
this form;
(E) Dismissed After Hearing—the case is dismissed by a judge,
voluntarily dismissed, or settled after a hearing is held;
(F) Dismissal Pursuant to Settlement—After Hearing—the case is
voluntarily dismissed by the plaintiff after a settlement is reach without
mediation after a hearing is held;
(G) Dismissal Pursuant to Mediated Settlement—After Hearing—the
case is voluntarily dismissed by the plaintiff after a settlement is reach with
mediation after a hearing is held;
(H) Other—After Hearing—the case is dismissed after hearing in an
action that does not fall into one of the other disposition categories listed on
this form;
(I) Disposed by Default—a defendant chooses not to or fails to contest
the plaintiff’s allegations and a judgment against the defendant is entered by
the court;
(J) Disposed by Judge—a judgment or disposition is reached by the
judge in a case that is not dismissed and in which no trial has been held.
Includes stipulations by the parties, conditional judgments, summary
judgment after hearing and any matter in which a judgment is entered
excluding cases disposed of by default as in category (I) above;
(K) Disposed by Non-Jury Trial—the case is disposed as a result of a
contested trial in which there is no jury and in which the judge determines
both the issues of fact and law in the case;
(L) Disposed by Jury Trial—the case is disposed as a result of a jury
trial (consider the beginning of a jury trial to be when the jurors and alternates
are selected and sworn);
(M) Other—the case is consolidated, submitted to arbitration or
mediation, transferred, or otherwise disposed of by other means not listed in
categories (A) through (L).
DATE AND ATTORNEY SIGNATURE. Date and sign the final disposition form.
FORM 1.999 ORDER DESIGNATING A CASE COMPLEX
This form order is for designating a case complex under rule 1.201 and
directing the clerk of court to update the court’s records and to report the case
activity to the Supreme Court.
ORDER DESIGNATING CASE A “COMPLEX CASE”
DIRECTIONS TO THE CLERK OF COURT
THIS CAUSE was considered on [the court’s own motion] [the motion of a
party] to designate this case a “complex case” as defined in rule 1.201, Fla. R.
Civ. P. Being fully advised in the circumstances, the court determines that the
case meets the criteria for proceeding under the rule and designates it as a
“complex case.”
The clerk of the court shall designate this case a “complex case,” update
the court’s records accordingly, and report such designation and the case
activity to the Supreme Court pursuant to section 25.075, Florida Statutes,
and rule 2.245(a), Fla. R. Gen. Prac. & Jud. Admin.
DONE AND ORDERED at ………. County, Florida, on .....(date)......
Judge
APPENDIX I— STANDARD INTERROGATORIES FORMS
FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE —
INTERROGATORIES TO PLAINTIFF
(If answering for another person or entity, answer with respect to that person
or entity, unless otherwise stated.)
1. What is the name and address of the person answering these
interrogatories, and, if applicable, the person’s official position or relationship
with the party to whom the interrogatories are directed?
2. List the names, business addresses, dates of employment, and
rates of pay regarding all employers, including self-employment, for whom you
have worked in the past 10 years.
3. List all former names and when you were known by those names.
State all addresses where you have lived for the past 10 years, the dates you
lived at each address, your Social Security number, your date of birth, and, if
you are or have ever been married, the name of your spouse or spouses.
4. Do you wear glasses, contact lenses, or hearing aids? If so, who
prescribed them, when were they prescribed, when were your eyes or ears last
examined, and what is the name and address of the examiner?
5. Have you ever been convicted of a crime, other than any juvenile
adjudication, which under the law under which you were convicted was
punishable by death or imprisonment in excess of 1 year, or that involved
dishonesty or a false statement regardless of the punishment? If so, state as to
each conviction the specific crime and the date and place of conviction.
6. Were you suffering from physical infirmity, disability, or sickness
at the time of the incident described in the complaint? If so, what was the
nature of the infirmity, disability, or sickness?
7. Did you consume any alcoholic beverages or take any drugs or
medications within 12 hours before the time of the incident described in the
complaint? If so, state the type and amount of alcoholic beverages, drugs, or
medication which were consumed, and when and where you consumed them.
8. Describe in detail how the incident described in the complaint
happened, including all actions taken by you to prevent the incident.
9. Describe in detail each act or omission on the part of any party to
this lawsuit that you contend constituted negligence that was a contributing
legal cause of the incident in question.
10. Were you charged with any violation of law (including any
regulations or ordinances) arising out of the incident described in the
complaint? If so, what was the nature of the charge; what plea or answer, if
any, did you enter to the charge; what court or agency heard the charge; was
any written report prepared by anyone regarding this charge, and, if so, what is
the name and address of the person or entity that prepared the report; do you
have a copy of the report; and was the testimony at any trial, hearing, or other
proceeding on the charge recorded in any manner, and, if so, what is the name
and address of the person who recorded the testimony?
11. Describe each injury for which you are claiming damages in this
case, specifying the part of your body that was injured, the nature of the
injury, and, as to any injuries you contend are permanent, the effects on you
that you claim are permanent.
12. List each item of expense or damage, other than loss of income or
earning capacity, that you claim to have incurred as a result of the incident
described in the complaint, giving for each item the date incurred, the name
and business address of the person or entity to whom each was paid or is
owed, and the goods or services for which each was incurred.
13. Do you contend that you have lost any income, benefits, or earning
capacity in the past or future as a result of the incident described in the
complaint? If so, state the nature of the income, benefits, or earning capacity,
and the amount and the method that you used in computing the amount.
14. Has anything been paid or is anything payable from any third
party for the damages listed in your answers to these interrogatories? If so,
state the amounts paid or payable, the name and business address of the
person or entity who paid or owes said amounts, and which of those third
parties have or claim a right of subrogation.
15. List the names and business addresses of each physician who has
treated or examined you, and each medical facility where you have received any
treatment or examination for the injuries for which you seek damages in this
case; and state as to each the date of treatment or examination and the injury
or condition for which you were examined or treated.
16. List the names and business addresses of all other physicians,
medical facilities, or other health care providers by whom or at which you have
been examined or treated in the past 10 years; and state as to each the dates of
examination or treatment and the condition or injury for which you were
examined or treated.
17. List the names and addresses of all persons who are believed or
known by you, your agents, or your attorneys to have any knowledge
concerning any of the issues in this lawsuit; and specify the subject matter
about which the witness has knowledge.
18. Have you heard or do you know about any statement or remark
made by or on behalf of any party to this lawsuit, other than yourself,
concerning any issue in this lawsuit? If so, state the name and address of each
person who made the statement or statements, the name and address of each
person who heard it, and the date, time, place, and substance of each
statement.
19. State the name and address of every person known to you, your
agents, or your attorneys, who has knowledge about, or possession, custody, or
control of, any model, plat, map, drawing, audio recording, visual recording,
audiovisual recording, or photograph pertaining to any fact or issue involved in
this controversy; and describe as to each, what item such person has, the
name and address of the person who took or prepared it, and the date it was
taken or prepared.
20. Do you intend to call any expert witnesses at the trial of this case?
If so, state as to each such witness the name and business address of the
witness, the witness’s qualifications as an expert, the subject matter upon
which the witness is expected to testify, the substance of the facts and opinions
to which the witness is expected to testify, and a summary of the grounds for
each opinion.
21. Have you made an agreement with anyone that would limit that
party’s liability to anyone for any of the damages sued upon in this case? If so,
state the terms of the agreement and the parties to it.
22. Please state if you have ever been a party, either plaintiff or
defendant, in a lawsuit other than the present matter, and, if so, state whether
you were plaintiff or defendant, the nature of the action, and the date and
court in which such suit was filed.
FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE —
INTERROGATORIES TO DEFENDANT
(If answering for another person or entity, answer with respect to that person
or entity, unless otherwise stated.)
1. What is the name and address of the person answering these
interrogatories, and, if applicable, the person’s official position or relationship
with the party to whom the interrogatories are directed?
2. List all former names and when you were known by those names.
State all addresses where you have lived for the past 10 years, the dates you
lived at each address, your Social Security number, and your date of birth.
3. Have you ever been convicted of a crime, other than any juvenile
adjudication, which under the law under which you were convicted was
punishable by death or imprisonment in excess of 1 year, or that involved
dishonesty or a false statement regardless of the punishment? If so, state as to
each conviction the specific crime and the date and place of conviction.
4. Describe any and all policies of insurance which you contend cover
or may cover you for the allegations set forth in plaintiff’s complaint, detailing
as to such policies the name of the insurer, the number of the policy, the
effective dates of the policy, the available limits of liability, and the name and
address of the custodian of the policy.
5. Describe in detail how the incident described in the complaint
happened, including all actions taken by you to prevent the incident.
6. Describe in detail each act or omission on the part of any party to
this lawsuit that you contend constituted negligence that was a contributing
legal cause of the incident in question.
7. State the facts upon which you rely for each affirmative defense in
your answer.
8. Do you contend any person or entity other than you is, or may be,
liable in whole or part for the claims asserted against you in this lawsuit? If so,
state the full name and address of each such person or entity, the legal basis
for your contention, the facts or evidence upon which your contention is based,
and whether or not you have notified each such person or entity of your
contention.
9. Were you charged with any violation of law (including any
regulations or ordinances) arising out of the incident described in the
complaint? If so, what was the nature of the charge; what plea or answer, if
any, did you enter to the charge; what court or agency heard the charge; was
any written report prepared by anyone regarding the charge, and, if so, what is
the name and address of the person or entity who prepared the report; do you
have a copy of the report; and was the testimony at any trial, hearing, or other
proceeding on the charge recorded in any manner, and, if so, what is the name
and address of the person who recorded the testimony?
10. List the names and addresses of all persons who are believed or
known by you, your agents, or your attorneys to have any knowledge
concerning any of the issues in this lawsuit; and specify the subject matter
about which the witness has knowledge.
11. Have you heard or do you know about any statement or remark
made by or on behalf of any party to this lawsuit, other than yourself,
concerning any issue in this lawsuit? If so, state the name and address of each
person who made the statement or statements, the name and address of each
person who heard it, and the date, time, place, and substance of each
statement.
12. State the name and address of every person known to you, your
agents, or your attorneys who has knowledge about, or possession, custody, or
control of, any model, plat, map, drawing, audio recording, visual recording,
audiovisual recording, or photograph pertaining to any fact or issue involved in
this controversy; and describe as to each, what item such person has, the
name and address of the person who took or prepared it, and the date it was
taken or prepared.
13. Do you intend to call any expert witnesses at the trial of this case?
If so, state as to each such witness the name and business address of the
witness, the witness’s qualifications as an expert, the subject matter upon
which the witness is expected to testify, the substance of the facts and opinions
to which the witness is expected to testify, and a summary of the grounds for
each opinion.
14. Have you made an agreement with anyone that would limit that
party’s liability to anyone for any of the damages sued upon in this case? If so,
state the terms of the agreement and the parties to it.
15. Please state if you have ever been a party, either plaintiff or
defendant, in a lawsuit other than the present matter, and, if so, state whether
you were plaintiff or defendant, the nature of the action, and the date and
court in which such suit was filed.
FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES TO
PLAINTIFF
(These interrogatories should be used in conjunction with the General Personal
Injury Negligence Interrogatories to Plaintiff.)
23. Do you contend that you have experienced any injury or illness as
a result of any negligence of this defendant? If so, state the date that each such
injury occurred, a description of how the injury was caused, and the exact
nature of each such injury.
24. What condition, symptom, or illness caused you to obtain medical
care and treatment from this defendant?
25. Do you claim this defendant neglected to inform or instruct or
warn you of any risk relating to your condition, care, or treatment? If so, state
of what, in your opinion, the defendant failed to inform, instruct, or warn you.
26. If you contend that you were not properly informed by this
defendant regarding the risk of the treatment or the procedure performed, state
what alternative treatment or procedure, if any, you would have undergone had
you been properly informed.
27. State the date and place and a description of each complaint for
which you contend the defendant refused to attend or treat you.
28. State the date you became aware of the injuries sued on in this
action, and describe in detail the circumstances under which you became
aware of each such injury; state the date you became aware that the injuries
sued on in this action were caused or may have been caused by medical
negligence; and describe in detail the circumstances under which you became
aware of the cause of said injuries.
29. State the name and address of every person or organization to
whom you have given notice of the occurrence sued on in this case because
you, your agents, or your attorneys believe that person or organization may be
liable in whole or in part to you.
FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES TO
DEFENDANT
(These interrogatories should be used in conjunction with the General Personal
Injury Negligence Interrogatories to Defendant.)
NOTE: When the word “Plaintiff” is mentioned, these interrogatories are
directed to be answered regarding (name of plaintiff/patient).
16. Please give us your entire educational background, starting with
your college education and chronologically indicating by date and place each
school, college, course of study, title of seminars, length of study, and honors
received by you up to the present time, including internships, residencies,
degrees received, licenses earned or revoked, medical specialty training, board
memberships, authorship of any books, articles, or texts, including the names
of those writings and their location in medical journals, awards or honors
received, and continuing medical education.
17. Please give us your entire professional background up to the
present time, including dates of employment or association, the names of all
physicians with whom you have practiced, the form of employment or business
relationship such as whether by partnership, corporation, or sole
proprietorship, and the dates of the relationships, including hospital staff
privileges and positions, and teaching experience.
18. With respect to your office library or usual place of work, give us
the name, author, name of publisher, and date of publication of every medical
book or article, journal, or medical text to which you had access, which deals
with the overall subject matter described in paragraph [whatever paragraph
number that concerns negligence] of the complaint. (In lieu of answering this
interrogatory you may allow plaintiff’s counsel to inspect your library at a
reasonable time.)
19. If you believe there was any risk to the treatment you rendered to
the plaintiff, state the nature of all risks, including whether the risks were
communicated to the plaintiff; when, where, and in what manner they were
communicated; and whether any of the risks in fact occurred.
20. Tell us your experience in giving the kind of treatment or
examination that you rendered to the plaintiff before it was given to the
plaintiff, giving us such information as the approximate number of times you
have given similar treatment or examinations, where the prior treatment or
examinations took place, and the successful or unsuccessful nature of the
outcome of that treatment or those examinations.
21. Please identify, with sufficient particularity to formulate the basis
of a request to produce, all medical records of any kind of which you are aware
which deal with the medical treatment or examinations furnished to the
plaintiff at any time, whether by you or another person or persons.
22. Please state whether any claim for medical malpractice has ever
been made against you alleging facts relating to the same or similar subject
matter as this lawsuit, and, if so, state as to each such claim the names of the
parties, the claim number, the date of the alleged incident, the ultimate
disposition of the claim, and the name of your attorney, if any.
FORM 5. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO
PLAINTIFF
(These interrogatories should be used in conjunction with the General Personal
Injury Negligence Interrogatories to Plaintiff.)
23. At the time of the incident described in the complaint, were you
wearing a seat belt? If not, please state why not; where you were seated in the
vehicle; and whether the vehicle was equipped with a seat belt that was
operational and available for your use.
24. Did any mechanical defect in the motor vehicle in which you were
riding at the time of the incident described in the complaint contribute to the
incident? If so, describe the nature of the defect and how it contributed to the
incident.
FORM 6. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO
DEFENDANT
(These interrogatories should be used in conjunction with the General Personal
Injury Negligence Interrogatories to Defendant.)
16. Do you wear glasses, contact lenses, or hearing aids? If so, who
prescribed them, when were they prescribed, when were your eyes or ears last
examined, and what is the name and address of the examiner?
17. Were you suffering from physical infirmity, disability, or sickness
at the time of the incident described in the complaint? If so, what was the
nature of the infirmity, disability, or sickness?
18. Did you consume any alcoholic beverages or take any drugs or
medications within 12 hours before the time of the incident described in the
complaint? If so, state the type and amount of alcoholic beverages, drugs, or
medication which were consumed, and when and where you consumed them.
19. Did any mechanical defect in the motor vehicle in which you were
riding at the time of the incident described in the complaint contribute to the
incident? If so, describe the nature of the defect and how it contributed to the
incident.
20. List the name and address of all persons, corporations, or entities
who were registered title owners or who had ownership interest in, or right to
control, the motor vehicle that the defendant driver was driving at the time of
the incident described in the complaint; and describe both the nature of the
ownership interest or right to control the vehicle, and the vehicle itself,
including the make, model, year, and vehicle identification number.
21. At the time of the incident described in the complaint, did the
driver of the vehicle described in your answer to the preceding interrogatory
have permission to drive the vehicle? If so, state the names and addresses of all
persons who have such permission.
22. At the time of the incident described in the complaint, was the
defendant driver engaged in any mission or activity for any other person or
entity, including any employer? If so, state the name and address of that
person or entity and the nature of the mission or activity.
23. Was the motor vehicle that the defendant driver was driving at the
time of the incident described in the complaint damaged in the incident, and, if
so, what was the cost to repair the damage?
APPENDIX II
STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS
IN CIVIL ACTIONS
Purpose and Application. These guidelines are advisory only. The
taxation of costs in any particular proceeding is within the broad discretion of
the trial court. The trial court should exercise that discretion in a manner that
is consistent with the policy of reducing the overall costs of litigation and of
keeping such costs as low as justice will permit. With this goal in mind, the
trial court should consider and reward utilization of innovative technologies by
a party which subsequently minimizes costs and reduce the award when use of
innovation technologies that were not used would have resulted in lowering
costs. In addition, these guidelines are not intended to (1) limit the amount of
costs recoverable under a contract or statute, or (2) prejudice the rights of any
litigant objecting to an assessment of costs on the basis that the assessment is
contrary to applicable substantive law.
Burden of Proof. Under these guidelines, it is the burden of the moving
party to show that all requested costs were reasonably necessary either to
defend or prosecute the case at the time the activity precipitating the cost was
undertaken.
I. Litigation Costs That Should Be Taxed.
A. Depositions
1. The original and one copy of the deposition and court
reporter’s per diem for all depositions.
2. The original and/or one copy of the electronic deposition,
including audiovisually recorded depositions, and the cost of the services of a
technician for electronic depositions used at trial.
3. Telephone toll and electronic conferencing charges for the
conduct of telephone and electronic depositions.
B. Documents and Exhibits
1. The costs of copies of documents filed (in lieu of “actually
cited”) with the court, which are reasonably necessary to assist the court in
reaching a conclusion.
2. The costs of copies obtained in discovery, even if the copies
were not used at trial.
C. Expert Witnesses
1. A reasonable fee for deposition and/or court testimony, and
the costs of preparation of any court ordered report.
D. Witnesses
1. Costs of subpoena, witness fee, and service of witnesses for
deposition and/or trial.
E. Court Reporting Costs Other than for Depositions
1. Reasonable court reporter’s per diem for the reporting of
evidentiary hearings, trial and post-trial hearings.
F. Reasonable Charges Incurred for Requiring Special Magistrates,
Guardians Ad Litem, and Attorneys Ad Litem
G. Filing Fees and Service of Process Fees.
II. Litigation Costs That May Be Taxed as Costs.
A. Mediation/Nonbinding Arbitration Fees and Expenses
1. Costs of mediation, including mediator fees.
2. Costs of court-ordered nonbinding arbitration, including
arbitrator fees.
B. Reasonable Travel Expenses
1. Reasonable travel expenses of expert when traveling in
excess of 100 miles from the expert’s principal place of business (not to include
the expert’s time).
2. Reasonable travel expenses of witnesses.
C. Electronic Discovery Expenses
1. The cost of producing copies of relevant electronic media in
response to a discovery request.
2. The cost of converting electronically stored information to a
reasonably usable format in response to a discovery request that seeks
production in such format.
D. Testifying Expert Witnesses.
1. A reasonable fee for conducting examinations, investigations,
tests, and research and preparing reports.
2. A reasonable fee for testimony at court-ordered nonbinding
arbitration.
3. A reasonable fee for preparing for deposition, court-ordered
nonbinding arbitration, and/or court testimony.
III. Litigation Costs That Should Not Be Taxed as Costs.
A. The Cost of Long Distance Telephone Calls with Witnesses, both
Expert and Non-Expert (including conferences concerning scheduling of
depositions or requesting witnesses to attend trial)
B. Any Expenses Relating to Consulting But Non-Testifying Experts
C. Cost Incurred in Connection with Any Matter Which Was Not
Reasonably Calculated to Lead to the Discovery of Admissible Evidence
D. Travel Time
1. Travel time of attorney(s).
2. Travel time of expert(s).
E. Travel Expenses of Attorney(s)
F. The Cost of Privilege Review of Documents, including Electronically
Stored Information.