Civil Procedure Rules.

• Author: Dimond, Scott M.
• Position: Annual Reports of Committees of the Florida Bar: 2018-2019

The Civil Procedure Rules Committee has continued its efforts to develop and improve the Florida Rules of Civil Procedure over the last year. Our committee has worked hard to respond thoughtfully and efficiently to proposals from judges, lawyers, legislative enactments, and directions from the Florida Supreme Court, and we are proud to report that we have approved several rules revisions that were presented in our recent 2019 cycle report to The Florida Bar Board of Governors.

That cycle report proposes many significant revisions and additions to our Rules of Civil Procedure, including amendments to Rule 1.090 (clarifying rules governing time), Rule 1.350 (updating the language governing production of document and things), Rule 1.380 (updating the rule governing failure to make discovery and sanctions in light of the holding in CB Condominiums, Inc v. GRS South Florida, Inc., 165 So. 3d 739 (Fla. 4th DCA 2015), Rule 1.442 (revising the rule governing proposals for settlement to conform with Attorneys' Title Insurance Fund, Inc. v. Gorka, 26 So. 3d 646), Rule 1.510 (clarifying rules governing summary judgements), Rule 1.535 (adding a new rule governing remittitur and additur), Rule 1.540 (addressing the concerns raised in De La Osa v. Wells Fargo Bank, N.A., 208 So. 3d 259 (Fla. 3d DCA 2016) and permitting relief from final orders and final judgments), Rule 1.610 (revising the rule regarding injunctions in light of the ruling in Salas v. Alexander, 159 So. 3d 387 (Fla. 3d DCA 2015)), Rule 1.650 (updating the outdated, technology-specific terms in the rule governing medical malpractice pre-suit screening), Rule 1.730 (updating the language of the rule governing completion of mediation), Rule 1.830 (making corrections to the rule governing voluntary binding arbitration), and making improvements to multiple forms used in civil practice: Form 1.902 (Summons), Form 1.923 (Eviction Summons/Residential), Form 1.952 (Proposal for Settlement), Form 1.984 (Juror Voir Dire Questionnaire), Form 1.996(a) (Final Judgement of Foreclosure), Form 1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note), and Appendix I--Standard Interrogatories Forms, Form 1 (General Personal Injury Negligence--Interrogatories to Plaintiff), and Form 2 (General Personal Injury Negligence--Interrogatories to Defendant)).

The committee's ongoing efforts include proposals to revise pretrial discovery procedures in Rule 1.650, undertaking a full review of all...