CIVIL PRACTICE COMMITTEE CORNER
CIVIL PRACTICE COMMITTEE CORNER
ADAM RABIN
“ I Feel the Need for Speed !” – the Florida Supreme Court Abrogates the “ At Issue ” Rule and Declares Trial Continuances Should Rarely be Granted
The Florida Supreme Court recently adopted various new amendments to the Florida Rules of Civil Procedure that become effective on January 1 , 2025 . These amendments overhaul how trial courts will manage the cases before them , the speed in which cases will proceed through the judicial process , and material changes to the discovery process , including new duties imposed upon the parties and new standards for evaluating discovery disputes . This article , however , focuses only on the amendments that bear on setting a case for trial ( Rule 1.440 - Setting Action for Trial ) and the requirements for obtaining a continuance once a case is set for trial ( Rule 1.460 - Motions to Continue Trial ).
The amendments to Rule 1.440 present one of the most significant changes to Florida civil procedure . For decades , the Florida rules have been an outlier when it comes to setting a case for trial , because the rule required a trial court to strike a case from the trial docket because the case was no longer “ at issue ” after a party filed an amended pleading . Thus , the import of the amendment to Rule 1.440 is the antiquated “ at issue ” rule will be obsolete as of January 1 , 2025 .
For years , plaintiffs and defendants alike have abused the mandatory nature of Rule 1.440 by moving for leave to amend a pleading years after the filing of the complaint with a primary or partial purpose of getting the case removed from a trial docket . Under the pre-amendment version of Rule 1.440 , if a trial court granted a motion for leave to file an amended pleading — because of the liberal policy favoring amendments — the trial court would then need to strike the trial date . When this occurred , the ability to set a new trial date often would be delayed for 6 months or more , because the trial court was not permitted to reset the trial date until after it had ruled upon all motions directed to the pleadings and the last pleading was filed .
The abrogation of the “ at issue ” rule aligns Florida with the Federal Rules of Civil Procedure , including the longstanding policy in federal court that once a district court enters a scheduling order setting a trial date , the trial date is set in stone irrespective of any amendments to the pleadings . Going forward under the Florida rules , 30 days ’ notice of a new trial date is sufficient notice of trial irrespective of whether a party files an amended pleading after the trial court sets the trial date .
Other major amendments to the Florida rules that bear on trial settings are the amendments to Rule 1.460 , which governs continuances of trial . In amended Rule 1.460 , the Florida Supreme Court ’ s intentions are clear . Going forward , continuances of trial “ are disfavored ” and “ should rarely be granted .” Thus , there is little ambiguity that the Supreme Court is telling trial courts statewide to avoid delays and expeditiously move cases through the system .
Amended Rule 1.460 also prescribes that a motion to continue trial must be in writing , signed by the client , and filed promptly once good cause arises . A motion to continue trial must also state the need for a continuance , whether the motion is unopposed or opposed , and the actions and dates that will allow the moving party to be ready for trial .
Finally , when a trial court rules on a motion to continue trial , amended Rule 1.460 requires the trial court to state the factual basis for the court ’ s ruling on the record or in a written order , and the trial court must provide a new trial date or set a case management conference .
In sum , the amendments to the Florida rules are game changers when it comes to setting cases for trial and disfavoring continuances of trial once a trial date is set . These changes undoubtedly will impose increased pressure on attorneys and parties to accelerate discovery , get discovery disputes resolved as they arise , to hire experts early on in a case , and to have a plan for filing motions for summary judgment .
Adam Rabin is a partner at Rabin Kammerer Johnson , is Board Certified in Business Litigation , and co-chairs PBCBA ’ s Civil Practice Committee . He practices business , securities , and whistleblower qui tam litigation .
LEADING PRACTICE MANAGEMENT SOFTWARE 10 % Discount for Bar Members
You can access your firm from anywhere — at any time — with Clio ’ s mobile app . Bring your matters , documents , notes , and calendar with you wherever you go , all on your mobile device . And , take 10 % off all Clio products with your exclusive PBCBA member discount .
Visit www . clio . com / pbcbar to learn more and use promo code PBCBAR to claim your discount .
PBCBA BAR BULLETIN 11