Get ready, Florida attorneys and claims professionals! Come January 1, 2025, we’re going to feel the need, for speed.  During the post-Covid era, Florida Courts have progressively moved towards tighter deadlines. Extensions and continuances – which were once almost a given – have been increasingly difficult to obtain, and enforcement of deadlines is about to get even stricter.  The upcoming changes to the Florida Rules of Civil Procedure[i], effective January 1, 2025, are designed to enhance efficiency in civil litigation, streamline case management, and encourage early resolution of disputes.  While the intent of the rule changes is to streamline case management, the changes require additional collaboration and strategic planning between defense attorneys and claims professionals.  Below is an overview of the most impactful rule changes and an analysis of the practical impact these changes will have on defense attorneys and claims professionals.

Case Management and Trials

Rule 1.200: Case Management; Pretrial Procedure

The rewritten Rule 1.200 introduces a more structured case management process by requiring each civil case to be assigned to one of three tracks (complex, general, or streamlined) within 120 days. Each judicial circuit’s chief judge must issue an administrative order to outline case management requirements, allowing for customization based on the specific needs and resources of each circuit. This flexibility includes the option for parties to file proposed case management orders or for circuits to generate automated case management orders. The goal is to tailor the litigation process to the complexity and demands of each case type, promoting efficiency across Florida courts.

The new rule mandates that courts issue a case management order in streamlined and general cases, specifying deadlines and trial periods that align with Florida’s General Practice and Judicial Administration standards. These deadlines must be strictly enforced, although extensions are permitted if they do not disrupt other scheduled dates. Modifications to trial periods are governed by Rule 1.460, emphasizing that delays will only be accommodated under exceptional circumstances. The rule also empowers courts to hold case management and pretrial conferences at any time to address issues such as scheduling and pending motions, further encouraging proactive judicial management.

Rule 1.440: Setting Action for Trial

Trial Readiness: The amended Rule 1.440 eliminates the requirement that cases be “at issue” before setting a trial date.  This aims to expedite case resolutions by allowing cases to proceed even if all pleadings are not closed. In addition, rule 1.440 is amended to require the court to enter an order fixing the trial period 45 days before any projected trial period in a case management order.

Rule 1.460 – Motions to Continue

The rewritten Rule 1.460 expressly disfavors trial continuances and requires that motions to continue be filed promptly, supported by a signed affidavit, and include specific justifications for the delay.  The rule aims to reduce unnecessary trial postponements, aligning with the goal of speeding up litigation.

Discovery and Motions to Compel

Mandatory Initial Disclosures

Under the amended Rule 1.280(a), parties must now provide initial disclosures within 60 days of filing a complaint, bringing Florida’s rules more in line with the Federal Rules of Civil Procedure.

These disclosures must include information such as (1) the names and contact details of individuals likely to have discoverable information; (2) a description of documents and tangible things that may be used to support claims or defenses; (3) a computation of damages; and (4) any insurance agreements that may satisfy all or part of a judgment.

Duty to supplement

There is also an ongoing duty to supplement these disclosures as new information emerges. Rule 1.280(f) imposes a duty on parties to promptly supplement or correct their disclosures or discovery responses if they learn that the information provided is incomplete or incorrect.

Meet-and-Confer Requirement

A new Rule 1.202 requires parties to meet and confer before filing motions (except for summary judgment or injunctive relief). When conferral is required, the movant must file a Certificate of Conferral with the motion including the means of communication, the date of conferral and if there is agreement to the relief sought. The movant must also state the efforts made to obtain an agreement to the relief sought. This rule aims to reduce the number of disputes that reach the court by encouraging resolution through communication between parties.

Emphasis on Proportionality and ESI

Discovery Proportionality: The scope of discovery under Rule 1.280(b)(1) now includes a proportionality requirement, similar to Federal Rule of Civil Procedure 26(b)(1).  Discovery requests must now be proportional to the needs of the case, balancing factors such as the importance of the issues, resources, and potential benefits of the requested information. This requirement mirrors federal guidelines, emphasizing efficiency.

Electronically Stored Information (ESI): The amendments to Rule 1.280(d) address the discovery of ESI, allowing courts to limit the frequency or extent of discovery if it is unreasonably cumulative, duplicative, or burdensome or if the burden or expense outweighs the likely benefit.

Summary Judgment

Response Deadline

The proposed Rule 1.510 looks to modify the timing and procedures for summary judgment motions to align with the case management objectives of Rules 1.200 and 1.201.  The deadline for a non-movant to respond to a motion for summary judgment is now tied to the date of service of the motion rather than the hearing date. Under the amended rule, the response must be served no later than 60 days after service of the motion for summary judgment.

These changes reflect Florida’s commitment to reducing case backlogs, expediting civil litigation, and aligning more closely with federal procedural rules. Attorneys, especially in defense, need to be proactive in adhering to the stricter timelines, ensuring that motions and defenses are well-supported by facts early in the case.

Practical Tips for Defense Counsel and Claims Professionals

1. Begin with the End in Mind – Collaborate early regarding resolution strategy. If it is a case that should settle, collaborate on what is needed to get the case ready for mediation and get it set.  The dockets are crowded enough, and we will have enough trials going forward.  If a case is one we should settle, let’s make it happen!  Conversely, if it is a case that is going to be tried, plan for trial early.
2. Assemble Your Team Early – Claims professionals often wait to hire trial counsel until after mediation fails. Parachuting into cases just before trial is going to become more difficult under the new rules.  In addition, given the new disclosure requirements, hiring counsel pre-suit to conduct an investigation may be advantageous in many cases.  Think about counsel choice early to maximize efficiency and minimize risk.
3. The Good Experts Are Booked! – It has been a long-standing tradition to wait to incur the costs of expert witnesses until after mediation in some cases. Some claims professionals are also inclined to wait to incur the cost of a Compulsory Medical Examination until the deadline is approaching. Given how busy expert witnesses already are, this will be impractical going forward.  Defense counsel and claims professionals need to collaborate early to determine which experts to hire and avoid delay to ensure that the expert witnesses with the right credentials for the case are available.
4. Make Your Proposal for Settlement Meaningful – Many defense attorneys and claims professionals have traditionally waited until mediation to make a strong offer to settle. Given the tight deadlines and crowded trial dockets, it will be advantageous to collaborate early on a meaningful settlement offer.  This will put more pressure on the plaintiff’s attorneys (who will also be feeling the squeeze of the new deadlines) to settle the case, and may reorient their expectations toward a more reasonable result.
5. No News on a Claim Is Not Good News – Plaintiffs will have a potential two-year advantage in personal injury cases in terms of their ability to investigate and gather information.  Claims adjusters and defense counsel faced with “blind suits” will be scrambling to meet the initial disclosure deadlines.  As such, claims representatives will benefit from being proactive in pre-suit investigation.  Even if a demand has not been received and suit has not been filed, that does not mean that the wheels are not turning on the plaintiff’s end.
6. Have Your Discovery Ducks in a Row – In the past, some corporate clients, claims professionals and defense counsel have had the knee-jerk reaction to object to standard interrogatories and requests for production of documents. While this has often led to trouble previously, under the new rules, the consequences of discovery gamesmanship are likely to be more severe.  If you owe it, give it.  Additionally, clients will need to be mindful of the tight deadlines when providing the necessary information to attorneys to comply with the disclosure requirements.  Again, this is an instance where collaboration is key.
7. Check In with Your Team – At Tyson & Mendes, we already have rigorous internal deadlines including 28-day reporting requirements to our clients. Many insurance carriers have specific period attorney conferences scheduled (often after the plaintiff’s deposition, before mediation, and before trial).  Given the rigidity of the new rules in terms of strict enforcement of deadlines, additional scheduled meetings where the case progresses, and strategy is discussed is likely to benefit the defense team.

For attorneys and claims professionals adapting to the new rules in Florida, the key will be to be proactive. The days of “wait and see” defense tactics are no longer practical in Florida!

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Sources

[i] https://supremecourt.flcourts.gov/content/download/2434944/opinion/Opinion_SC2023-0962.pdf and https://supremecourt.flcourts.gov/content/download/2434947/opinion/Opinion_SC2024-0662.pdf