JRC CORNER
JRC CORNER
LAUREN JOHNSON RON PONZOLI
“ Ready , Set , Go !” Are you and your clients ready for the newly minted Rules of Civil Procedure ?
It ’ s a New Year ! Along with well-intended resolutions to go to the gym , clean the garage , and spend more time outdoors , come some new and amended Rules of Civil Procedure impacting case management , motion practice , and discovery . Much has been discussed about these Rule changes aimed at creating litigation efficiencies and timely resolution of lawsuits . This article addresses Rule 1.200 ( b ) ( Case Track Assignment ) and Rule 1.280 ( a ) ( Initial Discovery Disclosures ), which include changes requiring attorneys ’ increased attention at the inception of disputes . Also addressed is the pre-motion meet and confer requirement in new Rule 1.202 ( Conferral Prior to Filing Motions ), the duty to supplement discovery responses in Rule 1.280 ( g ) ( Supplementing of Responses ), and an attorney ’ s certifications when making initial discovery disclosures and production in Rule 1.280 ( k ) ( Signing Disclosures and Discovery Requests ; Responses ; and Objections ).
Within 120 days after commencement of an action , or 30 days after service of the complaint on the last of all named defendants , whichever comes first , courts shall issue a case management order . Under Rule 1.200 ( b ), the scope of the case management order will be based upon whether the case is designated complex , general , or streamline . Designation of the case is based not upon the financial value of the case but rather upon the amount of judicial attention required for resolution . Case management orders for all three designations must address the deadlines set forth in Rule 1.200 ( d )( 2 ), which include service of complaints , adding new parties , completion of discovery , resolution of pretrial motions , and completion of mediation . The case management order shall indicate the order will be strictly enforced by the court . If parties wish to extend a deadline set forth in the case management order , they may do so by agreed order only if the extended deadline will not affect compliance with
remaining dates in the order . If an extended deadline may impact other order deadlines , the parties must seek an amendment to the entire case management order . Rule 1.200 ( e )( 3 ) ( Modifications of Deadlines or Projected Trial Period ) sets forth the required contents of the motion to amend the case management order .
Under Rule 1.280 ( a ), within 60 days after service of the complaint , parties are required to make initial discovery disclosures . Unless privileged or otherwise protected from disclosure , parties must identify : ( 1 ) persons having discoverable information that the party may rely upon and the subjects of the information ; ( 2 ) documents , electronically stored information , and tangible things a party may use in the litigation , unless the information would only be used for impeachment ; ( 3 ) a computation of damages sought and the documents upon which the damages are sought , provided a party is not required to provide computations as to noneconomic damages ; and ( 4 ) a copy of any insurance policy under which an insurer may be liable .
In addition to new requirements at the start of a case , new rules impacting motion practice and discovery production increase attorneys ’ obligations to diligently litigate disputes .
Parties must now meet and confer before a motion is filed . Rule 1.202 ( a ) requires a movant to confer with the opposition in a good-faith effort to resolve issues raised in the motion before filing the motion . The Rule sets forth limited exceptions to the meet and confer requirement , including excusing motions for injunctive relief , summary judgment , and to certify a class action . All non-exempt motions must include the certificate of conferral set forth in Rule 1.202 ( b ).
Rule 1.280 ( g ) requires parties to supplement or correct discovery production . The duty to supplement or correct production applies to initial disclosures , interrogatory answers , responses to requests for production , and requests for admission answers .
When signing initial disclosures , discovery requests , and discovery responses , including objections , Rule 1.280 ( k ) treats the attorney ’ s signature as numerous certifications . Concerning initial disclosures , an attorney ’ s signature certifies disclosures are complete and correct at the time of service . For discovery requests and responses , signatures certify : requests and responses are consistent with the Rules of Procedure and warranted by existing law ; not imposed to harass , cause unnecessary delay , or needless costs ; and , not unreasonable or unduly burdensome or expensive .
With so many new and amended Rules now in place for civil disputes , it is important that attorneys review all these changes carefully . Good resources are the Court opinions In Re : Amendments to Florida Rule of Civil Procedure 1.510 and New Florida Rule of Civil Procedure 1.202 , 386 So . 3d 117 ( Fla . 2024 ) and In Re : Amendments to Florida Rules of Civil Procedure , 386 So . 3d 497 ( Fla . 2024 ), wherein the Court adopted the changes to the Rules of Civil Procedure .
Article written by Lauren Johnson and Ron Ponzoli , Chairs of the Palm Beach County Bar Association ’ s Judicial Relations Committee
PBCBA BAR BULLETIN 15