Florida Rules of Civil Procedure

Florida Rules of Civil Procedure July 11, 2024 1

FLORIDA RULES OF CIVIL PROCEDURE

FLORIDA RULES OF CIVIL PROCEDURE ....................................... 1

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES........ 8

RULE 1.010. SCOPE AND TITLE OF RULES ......................... 15

RULE 1.020. PRIVACY AND COURT RECORDS .................... 15

RULE 1.030. NONVERIFICATION OF PLEADINGS ................ 15

RULE 1.040. ONE FORM OF ACTION ................................... 15

RULE 1.041. LIMITED APPEARANCE ATTORNEYS ............... 16

RULE 1.050. WHEN ACTION COMMENCED ......................... 17

RULE 1.060. TRANSFERS OF ACTIONS................................ 17

RULE 1.061. CHOICE OF FORUM ........................................ 18

RULE 1.070. PROCESS ........................................................ 22

RULE 1.071. CONSTITUTIONAL CHALLENGE TO STATE

STATUTE OR COUNTY OR MUNICIPAL

CHARTER, ORDINANCE, OR FRANCHISE;

NOTICE BY PARTY ........................................... 27

RULE 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS,

AND DOCUMENTS ........................................... 28

RULE 1.090. TIME ................................................................ 28

RULE 1.100. PLEADINGS AND MOTIONS ............................. 29

RULE 1.110. GENERAL RULES OF PLEADING ..................... 32

RULE 1.115. PLEADING MORTGAGE FORECLOSURES ....... 35

RULE 1.120. PLEADING SPECIAL MATTERS ........................ 36

RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND

EXHIBITS ........................................................ 37

RULE 1.140. DEFENSES ...................................................... 38

RULE 1.150. SHAM PLEADINGS .......................................... 42

RULE 1.160. MOTIONS ......................................................... 42

RULE 1.170. COUNTERCLAIMS AND CROSSCLAIMS ........... 43

RULE 1.180. THIRD-PARTY PRACTICE ................................. 46

RULE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS 47

RULE 1.200. PRETRIAL PROCEDURE .................................. 49

RULE 1.201. COMPLEX LITIGATION .................................... 53

RULE 1.210. PARTIES .......................................................... 59

RULE 1.220. CLASS ACTIONS .............................................. 60

RULE 1.221. HOMEOWNERS’ ASSOCIATIONS AND

CONDOMINIUM ASSOCIATIONS ...................... 64

RULE 1.222. MOBILE HOMEOWNERS’ ASSOCIATIONS ....... 65

Florida Rules of Civil Procedure July 11, 2024 2

RULE 1.230.

INTERVENTIONS ............................................. 66

RULE 1.240. INTERPLEADER ............................................... 66

RULE 1.250. MISJOINDER AND NONJOINDER OF PARTIES 66

RULE 1.260. SURVIVOR; SUBSTITUTION OF PARTIES ........ 67

RULE 1.270. CONSOLIDATION; SEPARATE TRIALS ............. 69

RULE 1.280. GENERAL PROVISIONS GOVERNING

DISCOVERY ..................................................... 69

RULE 1.285. INADVERTENT DISCLOSURE OF PRIVILEGED

MATERIALS ..................................................... 78

RULE 1.290. DEPOSITIONS BEFORE ACTION OR PENDING

APPEAL ............................................................ 79

RULE 1.300. PERSONS BEFORE WHOM DEPOSITIONS MAY

BE TAKEN ....................................................... 81

RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION ..... 82

RULE 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS ... 92

RULE 1.330. USE OF DEPOSITIONS IN COURT

PROCEEDINGS ................................................ 93

RULE 1.340. INTERROGATORIES TO PARTIES .................... 96

RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS

AND ENTRY UPON LAND FOR INSPECTION AND

OTHER PURPOSES ........................................ 100

RULE 1.351. PRODUCTION OF DOCUMENTS AND THINGS

WITHOUT DEPOSITION ................................. 103

RULE 1.360. EXAMINATION OF PERSONS ......................... 106

RULE 1.370. REQUESTS FOR ADMISSION ........................ 108

RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS

...................................................................... 110

RULE 1.390. DEPOSITIONS OF EXPERT WITNESSES ........ 116

RULE 1.410. SUBPOENA .................................................... 117

RULE 1.420. DISMISSAL OF ACTIONS ............................... 122

RULE 1.430. DEMAND FOR JURY TRIAL; WAIVER ............ 125

RULE 1.431. TRIAL JURY ................................................... 126

RULE 1.440. SETTING ACTION FOR TRIAL ........................ 132

RULE 1.442. PROPOSALS FOR SETTLEMENT .................... 133

RULE 1.450. EVIDENCE ..................................................... 137

RULE 1.452. QUESTIONS BY JURORS ............................... 139

RULE 1.453. JURY REQUEST TO REVIEW TESTIMONY ..... 140

RULE 1.455. JUROR NOTEBOOKS ..................................... 140

RULE 1.460. CONTINUANCES ............................................ 141

Florida Rules of Civil Procedure July 11, 2024 3

RULE 1.470.

EXCEPTIONS UNNECESSARY; JURY

INSTRUCTIONS ............................................. 141

RULE 1.480. MOTION FOR A DIRECTED VERDICT ............ 143

RULE 1.481. VERDICTS ..................................................... 144

RULE 1.490. MAGISTRATES............................................... 144

RULE 1.491. GENERAL MAGISTRATES FOR RESIDENTIAL

MORTGAGE FORECLOSURE MATTERS ........ 148

RULE 1.500. DEFAULTS AND FINAL JUDGMENTS THEREON

...................................................................... 150

RULE 1.510. SUMMARY JUDGMENT ................................. 152

RULE 1.520. VIEW ............................................................. 155

RULE 1.525. MOTIONS FOR COSTS AND ATTORNEYS’ FEES

...................................................................... 156

RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING;

AMENDMENTS OF JUDGMENTS; REMITTITUR

OR ADDITUR ................................................. 156

RULE 1.535. [REPEALED AUG. 25, 2022, EFFECTIVE OCT. 1,

2022] ............................................................. 159

RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR

ORDERS ........................................................ 159

RULE 1.545. FINAL DISPOSITION FORM ............................ 160

RULE 1.550. EXECUTIONS AND FINAL PROCESS ............. 161

RULE 1.560. DISCOVERY IN AID OF EXECUTION ............. 161

RULE 1.570. ENFORCEMENT OF FINAL JUDGMENTS ...... 163

RULE 1.580. WRIT OF POSSESSION .................................. 165

RULE 1.590. PROCESS IN BEHALF OF AND AGAINST

PERSONS NOT PARTIES ................................ 165

RULE 1.600. DEPOSITS IN COURT..................................... 166

RULE 1.610. INJUNCTIONS ................................................ 166

RULE 1.620. RECEIVERS ................................................... 169

RULE 1.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL

BONDS .......................................................... 169

RULE 1.630. EXTRAORDINARY REMEDIES ....................... 170

RULE 1.650. MEDICAL MALPRACTICE PRESUIT SCREENING

RULE ............................................................. 172

RULE 1.700. RULES COMMON TO MEDIATION AND

ARBITRATION ................................................ 177

RULE 1.710. MEDIATION RULES ....................................... 178

RULE 1.720. MEDIATION PROCEDURES ........................... 179

Florida Rules of Civil Procedure July 11, 2024 4

RULE 1.730.

COMPLETION OF MEDIATION ....................... 183

RULE 1.750. COUNTY COURT ACTIONS ............................ 184

RULE 1.800. EXCLUSIONS FROM ARBITRATION ............... 186

RULE 1.810. SELECTION AND COMPENSATION OF

ARBITRATORS ............................................... 186

RULE 1.820. HEARING PROCEDURES FOR NON-BINDING

ARBITRATION ................................................ 187

RULE 1.830. VOLUNTARY BINDING ARBITRATION ............ 190

RULE 1.900. FORMS .......................................................... 191

FORM 1.901. CAPTION ........................................................ 192

FORM 1.902. SUMMONS ..................................................... 193

FORM 1.903. CROSSCLAIM SUMMONS .............................. 199

FORM 1.904. THIRD-PARTY SUMMONS .............................. 200

FORM 1.905. ATTACHMENT ............................................... 200

FORM 1.906. ATTACHMENT — FORECLOSURE ................. 201

FORM 1.907. GARNISHMENT.............................................. 201

FORM 1.908. WRIT OF REPLEVIN ....................................... 203

FORM 1.909. DISTRESS ...................................................... 204

FORM 1.910. SUBPOENA FOR TRIAL .................................. 205

FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL ........ 207

FORM 1.912. SUBPOENA FOR DEPOSITION ....................... 209

FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION

...................................................................... 211

FORM 1.914(A). EXECUTION .................................................. 213

FORM 1.914(B). NOTICE TO APPEAR ...................................... 214

FORM 1.914(C). AFFIDAVIT OF CLAIMANT IN RESPONSE TO

NOTICE TO APPEAR ...................................... 215

FORM 1.915. WRIT OF POSSESSION .................................. 216

FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE ............ 217

FORM 1.917. NE EXEAT ..................................................... 218

FORM 1.918. LIS PENDENS ................................................ 218

FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE

— NO PROPERTY ........................................... 219

FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE

— PROPERTY ................................................. 220

FORM 1.921. NOTICE OF PRODUCTION FROM NONPARTY 221

FORM 1.922. SUBPOENA DUCES TECUM WITHOUT

DEPOSITION .................................................. 222

FORM 1.923(A). EVICTION SUMMONS—RESIDENTIAL ........... 228

Florida Rules of Civil Procedure July 11, 2024 5

FORM 1.923(B).

SUMMONS ACTION FOR BACK RENT OR OTHER

DAMAGES ..................................................... 229

FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

...................................................................... 231

FORM 1.925. COMPLAINT TO QUIET TITLE ........................ 234

FORM 1.932. OPEN ACCOUNT ............................................ 235

FORM 1.933. ACCOUNT STATED ........................................ 235

FORM 1.934. PROMISSORY NOTE ...................................... 236

FORM 1.935. GOODS SOLD ................................................ 237

FORM 1.936. MONEY LENT ................................................ 237

FORM 1.937. REPLEVIN ...................................................... 238

FORM 1.938. FORCIBLE ENTRY AND DETENTION ............. 239

FORM 1.939. CONVERSION ................................................ 239

FORM 1.940. EJECTMENT .................................................. 239

FORM 1.941. SPECIFIC PERFORMANCE ............................ 240

FORM 1.942. CHECK .......................................................... 241

FORM 1.944(A). MORTGAGE FORECLOSURE ......................... 242

FORM 1.944(B). MORTGAGE FORECLOSURE ......................... 244

FORM 1.944(C) MOTION FOR ORDER TO SHOW CAUSE ....... 249

FORM 1.944(D) ORDER TO SHOW CAUSE ............................. 250

FORM 1.945. MOTOR VEHICLE NEGLIGENCE COMPLAINT 252

FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN

PLAINTIFF IS UNABLE TO DETERMINE WHO IS

RESPONSIBLE ............................................... 253

FORM 1.947. TENANT EVICTION ........................................ 253

FORM 1.947(B). ANSWER—RESIDENTIAL EVICTION .............. 254

FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM 257

FORM 1.949. IMPLIED WARRANTY ..................................... 258

FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT ....... 259

FORM 1.960. BOND. GENERAL FORM ................................ 259

FORM 1.961. VARIOUS BOND CONDITIONS ....................... 260

FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS .......... 261

FORM 1.966. DEFENSE. PAYMENT ..................................... 261

FORM 1.967. DEFENSE. ACCORD AND SATISFACTION ..... 261

FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION .... 261

FORM 1.969. DEFENSE. STATUTE OF FRAUDS ................. 261

FORM 1.970. DEFENSE. RELEASE ..................................... 261

FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY

NEGLIGENCE ................................................ 262

Florida Rules of Civil Procedure July 11, 2024 6

FORM 1.972.

DEFENSE. ASSUMPTION OF RISK ................ 262

FORM 1.975. NOTICE OF COMPLIANCE WHEN

CONSTITUTIONAL CHALLENGE IS BROUGHT

...................................................................... 262

FORM 1.976. STANDARD INTERROGATORIES ................... 263

FORM 1.977. FACT INFORMATION SHEET ......................... 264

FORM 1.980. DEFAULT ....................................................... 270

FORM 1.981. SATISFACTION OF JUDGMENT ..................... 270

FORM 1.982. CONTEMPT NOTICE ...................................... 271

FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE ...... 272

FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE ............ 274

FORM 1.986. VERDICTS ..................................................... 276

FORM 1.988. JUDGMENT AFTER DEFAULT ....................... 276

FORM 1.989. ORDER OF DISMISSAL FOR LACK OF

PROSECUTION .............................................. 277

FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY

ACTION FOR DAMAGES ................................ 278

FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY

ACTION FOR DAMAGES ................................ 278

FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL

FORM NON-JURY .......................................... 279

FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL

FORM. NON-JURY FINAL JUDGMENT ........... 280

FORM 1.995. FINAL JUDGMENT OF REPLEVIN .................. 280

FORM 1.996(A). FINAL JUDGMENT OF FORECLOSURE ......... 284

FORM 1.996(B). FINAL JUDGMENT OF FORECLOSURE FOR

REESTABLISHMENT OF LOST NOTE ............ 289

FORM 1.996(C). MOTION TO CANCEL AND RESCHEDULE

FORECLOSURE SALE .................................... 293

FORM 1.997. CIVIL COVER SHEET ..................................... 294

FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING

CIVIL COVER SHEET ..................................... 298

FORM 1.998. FINAL DISPOSITION FORM ............................ 303

FORM 1.999. ORDER DESIGNATING A CASE COMPLEX .... 306

APPENDIX I— STANDARD INTERROGATORIES FORMS ............ 307

FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE —

INTERROGATORIES TO PLAINTIFF ............... 307

FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE —

INTERROGATORIES TO DEFENDANT............ 309

Florida Rules of Civil Procedure July 11, 2024 7

FORM 3.

MEDICAL MALPRACTICE — INTERROGATORIES

TO PLAINTIFF ................................................ 311

FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES

TO DEFENDANT ............................................ 312

FORM 5. AUTOMOBILE NEGLIGENCE —

INTERROGATORIES TO PLAINTIFF ............... 313

FORM 6. AUTOMOBILE NEGLIGENCE —

INTERROGATORIES TO DEFENDANT............ 314

APPENDIX II 315

STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN

CIVIL ACTIONS .............................................. 315

Florida Rules of Civil Procedure July 11, 2024 8

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES

ORIGINAL ADOPTION, effective 1-1-67: 187 So.2d 598.

OTHER

OPINIONS:

CITATION

RESULT OF OPINION

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-

71:

253 So.2d 404.

Amended 1.035, 1.070, 1.080, 1.100,

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-

72:

269 So.2d 359.

Amended 1.020, 1.035, 1.500.

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,

Florida Rules of Civil Procedure July 11, 2024 9

OTHER

OPINIONS:

CITATION

RESULT OF OPINION

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-

88:

532 So.2d 1058.

Added 1.612.

Effective 11-23-

88:

534 So.2d 1150.

Amended 1.700(b), (c).

Effective 12-30-

88:

536 So.2d 193.

Added 1.650.

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), 1.932.

Effective 1-11-89:

536 So.2d 198.

Added 1.612 (revised opinion).

Effective 7-6-89:

545 So.2d 866.

Amended 1.280.

Florida Rules of Civil Procedure July 11, 2024 10

OTHER

OPINIONS:

CITATION

RESULT OF OPINION

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-

90:

568 So.2d 1273.

Amended 1.650(d)(2).

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-

93:

627 So.2d 481.

Amended 1.650(d)(3).

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),

Florida Rules of Civil Procedure July 11, 2024 11

OTHER

OPINIONS:

CITATION

RESULT OF OPINION

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-

98:

723 So.2d 180.

Added form 1.995.

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-

03:

858 So.2d 1013.

Repealed 1.840, form 1.999.

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-

07:

969 So.2d 1003.

Amended 1.720(f)(2).

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-

09:

30 So.3d 477.

Amended form 1.998.

Effective 1-1-10:

30 So.3d 477.

Amended form 1.997.

Florida Rules of Civil Procedure July 11, 2024 12

OTHER

OPINIONS:

CITATION

RESULT OF OPINION

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-

12:

95 So.3d 96.

Amended rule 1.090.

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-

14:

153 So.3d 258.

Amended rules 1.110, 1.994, 1.996.

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)

Florida Rules of Civil Procedure July 11, 2024 13

OTHER

OPINIONS:

CITATION

RESULT OF OPINION

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

1064825.

Amended Rule 1.470.

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-

21:

324 So.3d 459.

Amended 1.280

Effective 10-15-

21:

345 So.3d 697.

Amended rules 1.280 and 1.340

Effective 10-28-

21:

344 So.3d 940.

Amended rules 1.020, 1.090, 1.170,

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-

23:

373 So.3d 1115.

Amended 1.530

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:

49 FLW S134.

Amended 1.061 and 1.983.

Effective 7-1-24:

49 FLW S151.

Amended 1.110, 1.820, Form 1.923, Form

1.947.

Effective 7-11-24:

SC2023-1677.

Adopted Form 1.925.

Florida Rules of Civil Procedure July 11, 2024 14

NOTE TO USERS: Rules in this pamphlet are current through July

11, 2024. Subsequent amendments, if any, can be found at

www.floridasupremecourt.org/decisions/rules.shtml.

Florida Rules of Civil Procedure July 11, 2024 15

RULE 1.010. 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. 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. 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. ONE FORM OF ACTION

There shall be one form of action to be known as “civil action.”

Florida Rules of Civil Procedure July 11, 2024 16

RULE 1.041. 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.

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.

Florida Rules of Civil Procedure July 11, 2024 17

RULE 1.050. 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. 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.

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;

Florida Rules of Civil Procedure July 11, 2024 18

(b) to provide for the circumstance in which the service

charge is not paid; and

the order of transfer.

RULE 1.061. 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 upon

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.

Florida Rules of Civil Procedure July 11, 2024 19

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.

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

Florida Rules of Civil Procedure July 11, 2024 20

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.

Florida Rules of Civil Procedure July 11, 2024 21

“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.

Florida Rules of Civil Procedure July 11, 2024 22

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. PROCESS

(a) Summons; Issuance. On the commencement of the

action, summons or other process authorized by law must be

issued forthwith by the clerk or judge under the clerk’s or the

judge’s signature and the seal of the court and delivered for service

without praecipe.

(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. When so appointed, 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 must be entitled to such additional process

against the unserved party as is required to effect service.

defendant, 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.

Florida Rules of Civil Procedure July 11, 2024 23

(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 furnish the person making service

with the necessary copies. When the service is made by publication,

copies of the initial pleadings must be furnished 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) Acceptance of service of a complaint by mail does

not thereby waive any objection to the venue or to the jurisdiction of

the court over the person of 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

Florida Rules of Civil Procedure July 11, 2024 24

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;

and must 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, as well as a prepaid

means of compliance in writing.

(3) If a defendant fails to comply with a request for

waiver within the time provided herein, 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 so requested 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.

Florida Rules of Civil Procedure July 11, 2024 25

(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

Florida Rules of Civil Procedure July 11, 2024 26

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

Florida Rules of Civil Procedure July 11, 2024 27

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. 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.

Florida Rules of Civil Procedure July 11, 2024 28

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 form 1.975.

RULE 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS,

AND DOCUMENTS

(a) Service. Every pleading subsequent to 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 shall be filed in conformity with

the requirements of Florida Rule of Judicial Administration 2.525.

document containing information, an application, or a stipulation.

RULE 1.090. TIME

(a) Computation. Computation of time shall be governed by

Florida Rule of General Practice and Judicial Administration 2.514.

(b) Enlargement.

Florida Rules of Civil Procedure July 11, 2024 29

(1) In General. When an act is required or allowed to be

done at or within a specified time by order of court, by these rules,

or by notice given thereunder, for cause shown the court at any

time in its discretion:

(A) with or without notice, may order the period

enlarged if request therefor is made before the expiration of the

period originally prescribed or as extended by a previous order; or

(B) upon motion made and notice after the

expiration of the specified period, may permit the act to be done

when failure to act was the result 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.

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. 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

Florida Rules of Civil Procedure July 11, 2024 30

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.

(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.

Florida Rules of Civil Procedure July 11, 2024 31

(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

Florida Rules of Civil Procedure July 11, 2024 32

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. 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.

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

Florida Rules of Civil Procedure July 11, 2024 33

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.

Florida Rules of Civil Procedure July 11, 2024 34

(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.

Florida Rules of Civil Procedure July 11, 2024 35

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. 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.

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

Florida Rules of Civil Procedure July 11, 2024 36

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. 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

Florida Rules of Civil Procedure July 11, 2024 37

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.

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. 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

Florida Rules of Civil Procedure July 11, 2024 38

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. 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

Florida Rules of Civil Procedure July 11, 2024 39

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.

Florida Rules of Civil Procedure July 11, 2024 40

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),

Florida Rules of Civil Procedure July 11, 2024 41

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.

Florida Rules of Civil Procedure July 11, 2024 42

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. 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. 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.

Florida Rules of Civil Procedure July 11, 2024 43

RULE 1.170. 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.

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,

Florida Rules of Civil Procedure July 11, 2024 44

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

Florida Rules of Civil Procedure July 11, 2024 45

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.

Florida Rules of Civil Procedure July 11, 2024 46

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. 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

Florida Rules of Civil Procedure July 11, 2024 47

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. 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

Florida Rules of Civil Procedure July 11, 2024 48

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.

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

Florida Rules of Civil Procedure July 11, 2024 49

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. PRETRIAL PROCEDURE

(a) Case Management Conference. At any time after

responsive pleadings or motions are due, the court may order, or a

party by serving a notice may convene, a case management

conference. The matter to be considered must be specified in the

order or notice setting the conference. At such a conference the

court may:

(1) schedule or reschedule the service of motions,

pleadings, and other documents;

(2) set or reset the time of trials, subject to rule

1.440(c);

(3) coordinate the progress of the action if the complex

litigation factors contained in rule 1.201(a)(2)(A)–(a)(2)(H) are

present;

(4) limit, schedule, order, or expedite discovery;

Florida Rules of Civil Procedure July 11, 2024 50

(5) consider the possibility of obtaining admissions of

fact and voluntary exchange of documents and electronically stored

information, and stipulations regarding authenticity of documents

and electronically stored information;

(6) consider the need for advance rulings from the

court on the admissibility of documents and electronically stored

information;

(7) discuss as to electronically stored information, the

possibility of agreements from the parties regarding the extent to

which such evidence should be preserved, the form in which such

evidence should be produced, and whether discovery of such

information should be conducted in phases or limited to particular

individuals, time periods, or sources;

(8) schedule disclosure of expert witnesses and the

discovery of facts known and opinions held by such experts;

(9) schedule or hear motions in limine;

(10) pursue the possibilities of settlement;

(11) require filing of preliminary stipulations if issues

can be narrowed;

(12) consider referring issues to a magistrate for findings

of fact; and

(13) schedule other conferences or determine other

matters that may aid in the disposition of the action.

(b) Pretrial Conference. After the action is at issue the

court itself may or shall on the timely motion of any party require

the parties to appear for a conference to consider and determine:

(1) the simplification of the issues;

(2) the necessity or desirability of amendments to the

pleadings;

Florida Rules of Civil Procedure July 11, 2024 51

(3) the possibility of obtaining admissions of fact and of

documents that will avoid unnecessary proof;

(4) the limitation of the number of expert witnesses;

(5) the potential use of juror notebooks; and

(6) any matters permitted under subdivision (a) of this

rule.

management conference, and 20 days’ notice must be given for a

pretrial conference. On failure of a party to attend a conference, the

court may dismiss the action, strike the pleadings, limit proof or

witnesses, or take any other appropriate action. Any documents

that the court requires for any conference must be specified in the

order. Orders setting pretrial conferences must be uniform

throughout the territorial jurisdiction of the court.

(d) Pretrial Order. The court must make an order reciting

the action taken at a conference and any stipulations made. The

order controls the subsequent course of the action unless modified

to prevent injustice.

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

Florida Rules of Civil Procedure July 11, 2024 52

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

Florida Rules of Civil Procedure July 11, 2024 53

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.

RULE 1.201. 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 shall convene a hearing to determine whether

the action requires the use of complex litigation procedures and

enter an order within 10 days of the conclusion of the hearing.

(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;

Florida Rules of Civil Procedure July 11, 2024 54

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.

(3) If all of the parties, pro se or through counsel, sign

and file with the clerk of the court a written stipulation to the fact

that an action is complex and identifying the factors in (2)(A)

through (2)(H) above that apply, the court shall enter an order

designating the action as complex without a hearing.

(b) Initial Case Management Report and Conference. The

court shall 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 shall confer and prepare a joint statement,

which shall 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;

Florida Rules of Civil Procedure July 11, 2024 55

(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;

Florida Rules of Civil Procedure July 11, 2024 56

(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 date.

(2) Lead trial counsel and a client representative shall

attend the initial case management conference.

(3) Notwithstanding rule 1.440, at the initial case

management conference, the court will set the trial date or dates 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 date or dates shall be on a docket having

sufficient time within which to try the action and, when feasible, for

a date or dates certain. The trial date shall be set after consultation

with counsel and in the presence of all clients or authorized client

representatives. The court shall, no later than 2 months prior to

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.

order shall address each matter set forth under rule 1.200(a) and

set the action for a pretrial conference and trial. The case

management order also shall specify the following:

(1) Dates by which all parties shall name their expert

witnesses and provide the expert information required by rule

1.280(b)(5). If a party has named an expert witness in a field in

which any other parties have not identified experts, the other

Florida Rules of Civil Procedure July 11, 2024 57

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 shall 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, upon

motion, shall set the schedule. Any party may file the completed

discovery deposition schedule agreed upon or entered by the court.

Once filed, the deposition dates in the schedule shall not be altered

without consent of all parties or upon 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 shall schedule periodic case management

conferences and hearings on lengthy motions at reasonable

intervals based on the particular needs of the action. The attorneys

for the parties as well as any parties appearing pro se shall confer

no later than 15 days prior to each case management conference or

hearing. They shall notify the court at least 10 days prior to any

case management conference or hearing if the parties stipulate that

a case management conference or hearing time is 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.

(d) Final Case Management Conference. The court shall

schedule a final case management conference not less than 90 days

Florida Rules of Civil Procedure July 11, 2024 58

prior to the date the case is set for trial. At least 10 days prior to

the final case management conference the parties shall confer to

prepare a case status report, which shall be filed with the clerk of

the court either prior to or at the time of the final case management

conference. The status report shall 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 prior to 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 shall 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.

Florida Rules of Civil Procedure July 11, 2024 59

RULE 1.210. 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

Florida Rules of Civil Procedure July 11, 2024 60

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. 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;

(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

Florida Rules of Civil Procedure July 11, 2024 61

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.

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;

Florida Rules of Civil Procedure July 11, 2024 62

(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;

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

Florida Rules of Civil Procedure July 11, 2024 63

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

Florida Rules of Civil Procedure July 11, 2024 64

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. HOMEOWNERS’ ASSOCIATIONS AND

CONDOMINIUM ASSOCIATIONS

A homeowners’ or condominium association, after control of

such association is obtained by homeowners or unit owners other

Florida Rules of Civil Procedure July 11, 2024 65

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. 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

Florida Rules of Civil Procedure July 11, 2024 66

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. 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. 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. 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.

Florida Rules of Civil Procedure July 11, 2024 67

(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.

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. 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

Florida Rules of Civil Procedure July 11, 2024 68

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.

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.

Florida Rules of Civil Procedure July 11, 2024 69

RULE 1.270. 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. GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Discovery Methods. Parties may obtain discovery by one

or more of the following methods: depositions upon oral

examination or written questions; written interrogatories;

production of documents or things or permission to enter upon 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 (c) of this rule, the

frequency of use of these methods is not limited, except as provided

in rules 1.200, 1.340, and 1.370.

(b) Scope of Discovery. Unless otherwise limited by order of

the court in accordance with these rules, the scope of discovery is

as follows:

(1) In General. Parties may obtain discovery regarding

any matter, not privileged, that is relevant to the subject matter of

the pending action, whether it relates to the claim or defense of the

party seeking discovery or the claim or defense of any other party,

including the existence, description, nature, custody, condition, and

location of any books, documents, or other tangible things and the

identity and location of persons having knowledge of any

discoverable matter. It is not ground for objection that the

information sought will be inadmissible at the trial if the

Florida Rules of Civil Procedure July 11, 2024 70

information sought appears reasonably calculated to lead to the

discovery of admissible evidence.

(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 in accordance with

these rules.

(4) Trial Preparation: Materials. Subject to the

provisions of subdivision (b)(5) of this rule, a party may obtain

discovery of documents and tangible things otherwise discoverable

under subdivision (b)(1) of this rule 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 upon 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 shall 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. Upon 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

Florida Rules of Civil Procedure July 11, 2024 71

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 (b)(1) of this rule 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.

Florida Rules of Civil Procedure July 11, 2024 72

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 shall not be required to disclose his or her 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. Upon motion, the court may order further discovery by

other means, subject to such restrictions as to scope and other

provisions pursuant to subdivision (b)(5)(C) of this rule 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.

court shall require that the party seeking discovery pay the expert a

reasonable fee for time spent in responding to discovery under

subdivisions (b)(5)(A) and (b)(5)(B) of this rule; and concerning

discovery from an expert obtained under subdivision (b)(5)(A) of this

rule the court may require, and concerning discovery obtained

under subdivision (b)(5)(B) of this rule shall 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 shall be an

expert witness as defined in rule 1.390(a).

(6) Claims of Privilege or Protection of Trial Preparation

Materials. When a party withholds information otherwise

Florida Rules of Civil Procedure July 11, 2024 73

discoverable under these rules by claiming that it is privileged or

subject to protection as trial preparation material, the party shall

make the claim expressly and shall 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.

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 one 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; (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.

(d) 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

Florida Rules of Civil Procedure July 11, 2024 74

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 (i) 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 (ii) 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.

(e) Sequence and Timing of Discovery. Except as provided

in subdivision (b)(5) or unless the court upon motion for the

convenience of parties and witnesses and in the interest of justice

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, shall not delay any other

party’s discovery.

(f) Supplementing of Responses. A party who has

responded to a request for discovery with a response that was

complete when made is under no duty to supplement the response

to include information thereafter acquired.

(g) Court Filing of Documents and Discovery. Information

obtained during discovery shall not be filed with the court until

such time as it is filed for good cause. The requirement of good

cause is satisfied only where the filing of the information is allowed

or required by another applicable rule of procedure or by court

order. All filings of discovery documents shall comply with Florida

Florida Rules of Civil Procedure July 11, 2024 75

Rule of Judicial Administration 2.425. The court shall have

authority to impose sanctions for violation of this rule.

(h) 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.

(i) Form of Responses to Written Discovery Requests.

When responding to requests for production served pursuant to

rule 1.310(b)(5), written deposition questions served pursuant to

rule 1.320, interrogatories served pursuant to rule 1.340, requests

for production or inspection served pursuant to rule 1.350,

requests for production of documents or things without deposition

served pursuant to rule 1.351, requests for admissions served

pursuant to rule 1.370, or requests for the production of

documentary evidence served pursuant to rule 1.410(c), the

responding party shall state each deposition question,

interrogatory, or discovery request in full as numbered, followed by

the answer, objection, or other response.

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

Florida Rules of Civil Procedure July 11, 2024 76

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.

Florida Rules of Civil Procedure July 11, 2024 77

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.”

Florida Rules of Civil Procedure July 11, 2024 78

RULE 1.285. 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).

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.

Florida Rules of Civil Procedure July 11, 2024 79

(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. 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

Florida Rules of Civil Procedure July 11, 2024 80

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.

Florida Rules of Civil Procedure July 11, 2024 81

(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.

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. 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.

Florida Rules of Civil Procedure July 11, 2024 82

(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.

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. DEPOSITIONS UPON 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 upon 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

Florida Rules of Civil Procedure July 11, 2024 83

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 such terms as the court prescribes.

(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.

Florida Rules of Civil Procedure July 11, 2024 84

(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.

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.

Florida Rules of Civil Procedure July 11, 2024 85

(6) In the notice a party may name as the deponent a

public or private corporation, a partnership or association, or a

governmental agency, and designate with reasonable particularity

the matters on which examination is requested. The organization so

named must designate one 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 preclude 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 prescribe the manner in 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.

Examination; Oath; Objections; Transcription.

Florida Rules of Civil Procedure July 11, 2024 86

(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 such 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

Florida Rules of Civil Procedure July 11, 2024 87

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(c). If the

order terminates the examination, it shall be resumed thereafter

only on the order of the court in which the action is pending. Upon

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. The provisions of rule 1.380(a) apply to the award of

expenses incurred in relation to the motion.

(e) Witness Review. If the testimony is transcribed, the

transcript must be furnished 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 furnished 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

Florida Rules of Civil Procedure July 11, 2024 88

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) Upon payment of reasonable charges therefor the

officer must furnish 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(g) 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 furnish 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(g).

(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.

Florida Rules of Civil Procedure July 11, 2024 89

(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 pursuant to 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.

Florida Rules of Civil Procedure July 11, 2024 90

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.

Florida Rules of Civil Procedure July 11, 2024 91

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.

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.

Florida Rules of Civil Procedure July 11, 2024 92

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. 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

Florida Rules of Civil Procedure July 11, 2024 93

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. 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

Florida Rules of Civil Procedure July 11, 2024 94

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

Florida Rules of Civil Procedure July 11, 2024 95

or part of it for any reason that would require the exclusion of the

evidence if the witness were then present and testifying.

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.

Florida Rules of Civil Procedure July 11, 2024 96

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. INTERROGATORIES TO PARTIES

(a) Procedure for Use. Without leave of court, any party

may serve on any other party written interrogatories to be answered

(1) by the party to whom the interrogatories are directed, or (2) if

that party is a public or private corporation or partnership or

association or governmental agency, by any officer or agent, who

must furnish the information available to that party. 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. The interrogatories must not exceed

30, including all subparts, unless the court permits a larger

Florida Rules of Civil Procedure July 11, 2024 97

number on motion and notice and for good cause. 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. A party may serve fewer than all of

the approved interrogatories within a form. 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. 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. 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. 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. Interrogatories may relate to any

matters that can be inquired into under rule 1.280(b), and the

answers may be used to the extent permitted by the rules of

evidence except as otherwise provided in this subdivision. 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. A party must

respond to such an interrogatory by giving the information the

party has and the source on which the information is based. Such 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. 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.

interrogatory may be derived or ascertained from the records

(including electronically stored information) of the party to whom

Florida Rules of Civil Procedure July 11, 2024 98

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, 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. 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. 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 shall not

be binding on a co-party.

(e) Service and Filing. Interrogatories must be served on

the party to whom the interrogatories are directed and copies must

be served on all other parties. 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. 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. The original or any copy of the answers to

interrogatories may be filed in compliance with Florida Rule of

General Practice Judicial Administration 2.425 and rule 1.280(g) by

any party when the court should consider the answers to

interrogatories in determining any matter pending before the court.

The court may order a copy of the answers to interrogatories 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.

Florida Rules of Civil Procedure July 11, 2024 99

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

Florida Rules of Civil Procedure July 11, 2024 100

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.

RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS

AND ENTRY UPON 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

Florida Rules of Civil Procedure July 11, 2024 101

the scope of rule 1.280(b) 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(b) and that are in the

possession, custody, or control of the party to whom the request is

directed; or (3) to permit entry upon designated land or other

property in the possession or control of the party upon 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(b).

(b) Procedure. 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. The request shall set forth the items to be

inspected, either by individual item or category, and describe each

item and category with reasonable particularity. The request shall

specify a reasonable time, place, and manner of making the

inspection or performing the related acts. The party to whom the

request is directed shall 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. For each item or category the response shall state that

inspection and related activities will be permitted as requested

unless the request is objected to, in which event the reasons for the

objection shall be stated. If an objection is made to part of an item

or category, the part shall be specified. When producing documents,

the producing party shall either produce them as they are kept in

the usual course of business or shall identify them to correspond

with the categories in the request. 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

Florida Rules of Civil Procedure July 11, 2024 102

ordinarily maintained or in a reasonably usable form or forms. 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.

independent action against a person not a party for production of

documents and things and permission to enter upon land.

(d) Filing of Documents. Unless required by the court, a

party shall 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(g) 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.

Florida Rules of Civil Procedure July 11, 2024 103

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. 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

Florida Rules of Civil Procedure July 11, 2024 104

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).

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.

Florida Rules of Civil Procedure July 11, 2024 105

(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.

Florida Rules of Civil Procedure July 11, 2024 106

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. 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

Florida Rules of Civil Procedure July 11, 2024 107

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.

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.

Florida Rules of Civil Procedure July 11, 2024 108

(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.

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. REQUESTS FOR ADMISSION

(a) Request for Admission. A party may serve upon any

other party a written request for the admission of the truth of any

matters within the scope of rule 1.280(b) 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

Florida Rules of Civil Procedure July 11, 2024 109

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.

Florida Rules of Civil Procedure July 11, 2024 110

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. FAILURE TO MAKE DISCOVERY; SANCTIONS

(a) Motion for Order Compelling Discovery. Upon

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

Florida Rules of Civil Procedure July 11, 2024 111

accordance with rule 1.310(d). An application for an order to a

deponent who is not a party shall be made to the circuit court

where the deposition is being taken.

(2) Motion. If a deponent fails to answer a question

propounded or submitted under rule 1.310 or 1.320, or a

corporation or other entity fails to make a designation under rule

1.310(b)(6) or 1.320(a), or a party fails to answer an interrogatory

submitted under rule 1.340, or 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, or if a party in response to a request for

examination of a person submitted under rule 1.360(a) objects to

the examination, fails to respond that the examination will be

permitted as requested, or fails to submit to or to produce a person

in that party’s custody or legal control for examination, the

discovering party may move for an order compelling an answer, or a

designation or an order compelling inspection, or an order

compelling an examination in accordance with the request. The

motion must include a certification that the movant, in good faith,

has conferred or attempted to confer with the person or party failing

to make the discovery in an effort to secure the information or

material without court action. When taking a deposition on oral

examination, the proponent of the question may complete or

adjourn the examination before applying for an order. If the court

denies the motion in whole or in part, it may make such protective

order as it would have been empowered to make on a motion made

pursuant to rule 1.280(c).

(3) Evasive or Incomplete Answer. For purposes of this

subdivision an evasive or incomplete answer shall be treated as a

failure to answer.

(4) Award of Expenses of Motion. If the motion is

granted and after opportunity for hearing, the court shall 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 movant failed

Florida Rules of Civil Procedure July 11, 2024 112

to certify in the motion that a good faith effort was made to obtain

the discovery without court action, that the opposition to the

motion was substantially justified, or that other circumstances

make an award of expenses unjust. If the motion is denied and after

opportunity for hearing, the court shall 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. 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 shall 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.

them or staying further proceedings until the order is obeyed, or

Florida Rules of Civil Procedure July 11, 2024 113

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 pursuant to 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 paragraphs (A), (B),

and (C) of this subdivision, unless the party failing to comply shows

the inability to produce the person for examination.

Instead of any of the foregoing orders or in addition to them, the

court shall 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.

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 shall issue such an order at the

time a party requesting the admissions proves the genuineness of

the document or the truth of the matter, upon motion by the

requesting party, unless it finds that (1) the request was held

objectionable pursuant to 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 of Party to Attend at Own Deposition or Serve

Answers to Interrogatories or Respond to Request for

Inspection. If a party or an officer, director, or managing agent of a

Florida Rules of Civil Procedure July 11, 2024 114

party or a person designated under rule 1.310(b)(6) or 1.320(a) to

testify on behalf of a party fails (1) to appear before the officer who

is to take the deposition after being served with a proper notice, (2)

to serve answers or objections to interrogatories submitted under

rule 1.340 after proper service of the interrogatories, or (3) to serve

a written response to a request for inspection submitted under rule

1.350 after proper service of the request, the court in which the

action is pending may take any action authorized under paragraphs

(A), (B), and (C) of subdivision (b)(2) of this rule. Any motion

specifying a failure under clause (2) or (3) of this subdivision shall

include a certification that the movant, in good faith, has conferred

or attempted to confer with the party failing to answer or respond in

an effort to obtain such answer or response without court action.

Instead of any order or in addition to it, the court shall 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. 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(c).

(e) 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) upon finding prejudice to another party from loss of

the information, may order measures no greater than necessary to

cure the prejudice; or

(2) only upon 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;

Florida Rules of Civil Procedure July 11, 2024 115

(B) instruct the jury that it may or must presume

the information was unfavorable to the party; or

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

Florida Rules of Civil Procedure July 11, 2024 116

(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. 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.

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.

Florida Rules of Civil Procedure July 11, 2024 117

(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. 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

Florida Rules of Civil Procedure July 11, 2024 118

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 and without

praecipe, 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.

may also command the person to whom it is directed to produce the

books, documents (including electronically stored information), or

tangible things designated therein, but the court, upon motion

made promptly and in any event at or before the time specified in

the subpoena for compliance therewith, 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 such sources or in such forms if

the requesting party shows good cause, considering the limitations

set out in rule 1.280(d)(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 which would be subject to

a subpoena may compel such production by serving a notice to

produce such evidence on an adverse party as provided in Florida

Florida Rules of Civil Procedure July 11, 2024 119

Rule of Judicial Administration 2.516. Such notice shall have the

same effect and be 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. Proof of such 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 on it showing

service on all parties to the action constitutes an authorization for

the issuance of subpoenas for the persons named or described in

the notice by the clerk of the court in which the action is pending or

by an attorney of record in the action. 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(b), but in that

event the subpoena will be subject to the provisions of rule 1.280(c)

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

Florida Rules of Civil Procedure July 11, 2024 120

subpoena is directed may serve written objection to inspection or

copying of any of the designated materials. If objection is made, the

party serving the subpoena shall not be entitled to inspect and copy

the materials except pursuant to 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 such other 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 a

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 shall be compulsorily annexed as an exhibit to

such deposition or otherwise permanently removed from the

possession of the witness producing it, but in lieu thereof a

photostatic copy may be annexed to and transmitted with such

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

Florida Rules of Civil Procedure July 11, 2024 121

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).

Florida Rules of Civil Procedure July 11, 2024 122

RULE 1.420. 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

Florida Rules of Civil Procedure July 11, 2024 123

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.

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

Florida Rules of Civil Procedure July 11, 2024 124

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

Florida Rules of Civil Procedure July 11, 2024 125

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. 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.

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

Florida Rules of Civil Procedure July 11, 2024 126

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. 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

Florida Rules of Civil Procedure July 11, 2024 127

necessary, but the right of the parties to conduct a reasonable

examination of each juror orally must be preserved.

(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

Florida Rules of Civil Procedure July 11, 2024 128

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.

Florida Rules of Civil Procedure July 11, 2024 129

(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

Florida Rules of Civil Procedure July 11, 2024 130

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.

Florida Rules of Civil Procedure July 11, 2024 131

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

Florida Rules of Civil Procedure July 11, 2024 132

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. SETTING ACTION FOR TRIAL

(a) When at Issue. An action is at issue after any motions

directed to the last pleading served have been disposed of or, if no

such motions are served, 20 days after service of the last pleading.

The party entitled to serve motions directed to the last pleading may

waive the right to do so by filing a notice for trial at any time after

the last pleading is served. The existence of crossclaims among the

parties shall not prevent the court from setting the action for trial

on the issues raised by the complaint, answer, and any answer to a

counterclaim.

(b) Notice for Trial. Thereafter any party may file and serve

a notice that the action is at issue and ready to be set for trial. The

notice must include an estimate of the time required, indicate

whether the trial is to be by a jury or not and 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 clerk must

then submit the notice and the case file to the court.

set for trial, it shall enter an order fixing a date for trial. Trial shall

be set not less than 30 days from the service of the notice for trial.

By giving the same notice the court may set an action for trial. In

actions in which the damages are not liquidated, the order setting

an action for trial shall be served on parties who are in default in

accordance with Florida Rule of General Practice and Judicial

Administration 2.516.

Florida Rules of Civil Procedure July 11, 2024 133

(d) Applicability. This rule does not apply to actions to

which chapter 51, Florida Statutes (1967), applies or to cases

designated as complex pursuant to rule 1.201.

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.

RULE 1.442. 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

Florida Rules of Civil Procedure July 11, 2024 134

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.

(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);

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.

Florida Rules of Civil Procedure July 11, 2024 135

(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

Florida Rules of Civil Procedure July 11, 2024 136

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.

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,

Florida Rules of Civil Procedure July 11, 2024 137

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. 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

Florida Rules of Civil Procedure July 11, 2024 138

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

Florida Rules of Civil Procedure July 11, 2024 139

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. 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.

will read the question to all counsel, allow counsel to see the

Florida Rules of Civil Procedure July 11, 2024 140

written question, and give counsel an opportunity to object to the

question.

RULE 1.453. 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. 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.

Florida Rules of Civil Procedure July 11, 2024 141

RULE 1.460. CONTINUANCES

A motion for continuance shall be in writing unless made at a

trial and, except for good cause shown, shall be signed by the party

requesting the continuance. The motion shall state all of the facts

that the movant contends entitle the movant to a continuance. If a

continuance is sought on the ground of nonavailability of a witness,

the motion must show when it is believed the witness will be

available.

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. 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.

Florida Rules of Civil Procedure July 11, 2024 142

(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.

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

Florida Rules of Civil Procedure July 11, 2024 143

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. 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.

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

Florida Rules of Civil Procedure July 11, 2024 144

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. 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. 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

Florida Rules of Civil Procedure July 11, 2024 145

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.

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.

Florida Rules of Civil Procedure July 11, 2024 146

(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.

Florida Rules of Civil Procedure July 11, 2024 147

(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 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

Florida Rules of Civil Procedure July 11, 2024 148

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. 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.

Florida Rules of Civil Procedure July 11, 2024 149

(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.

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,

Florida Rules of Civil Procedure July 11, 2024 150

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.

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. 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.

Florida Rules of Civil Procedure July 11, 2024 151

(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.

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.

Florida Rules of Civil Procedure July 11, 2024 152

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. 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 serve

the motion for summary judgment at least 40 days before the time

fixed for the hearing.

(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

Florida Rules of Civil Procedure July 11, 2024 153

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. At least 20 days before the time fixed for the

hearing, the nonmovant must serve a response that includes the

nonmovant’s supporting factual position as provided in subdivision

(1) above.

(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

Florida Rules of Civil Procedure July 11, 2024 154

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;

(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.

Florida Rules of Civil Procedure July 11, 2024 155

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. 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

Florida Rules of Civil Procedure July 11, 2024 156

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. 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. 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

Florida Rules of Civil Procedure July 11, 2024 157

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.

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.

Florida Rules of Civil Procedure July 11, 2024 158

(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.

Florida Rules of Civil Procedure July 11, 2024 159

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. [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. 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;

Florida Rules of Civil Procedure July 11, 2024 160

(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. 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

Florida Rules of Civil Procedure July 11, 2024 161

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. EXECUTIONS AND FINAL PROCESS

(a) Issuance. Executions on judgments shall issue during

the life of the judgment on the oral request of the party entitled to it

or that party’s attorney without praecipe. No execution or other

final process shall issue until the judgment on which it is based has

been recorded nor within the time for serving a motion for new trial

or rehearing, and if a motion for new trial or rehearing is timely

served, until it is determined; provided 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 such

execution or other process and suspend proceedings thereon for

good cause on motion and notice to all adverse parties.

RULE 1.560. 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, shall order the

judgment debtor or debtors to complete form 1.977, including all

required attachments, within 45 days of the order or such other

reasonable time as determined by the court. Failure to obey the

order may be considered contempt of court.

Florida Rules of Civil Procedure July 11, 2024 162

judgment, the judge shall include the following enforcement

paragraph if requested by the prevailing party or attorney:

“It is further ordered and adjudged that the judgment

debtor(s) shall 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 shall include the additional Spouse Related

Portion of the fact information sheet upon 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

Florida Rules of Civil Procedure July 11, 2024 163

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. 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.

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

Florida Rules of Civil Procedure July 11, 2024 164

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).

Florida Rules of Civil Procedure July 11, 2024 165

RULE 1.580. 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. 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

Florida Rules of Civil Procedure July 11, 2024 166

process for enforcing obedience to such orders as if that person

were a party.

RULE 1.600. 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. 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.

Florida Rules of Civil Procedure July 11, 2024 167

(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.

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,

Florida Rules of Civil Procedure July 11, 2024 168

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).

Florida Rules of Civil Procedure July 11, 2024 169

RULE 1.620. 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.

receiver in suit against the sureties without notice to the sureties of

the application for such leave.

RULE 1.625. 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

Florida Rules of Civil Procedure July 11, 2024 170

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. 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.

by law.

(d) Process. If the complaint shows a prima facie case for

relief, the court must issue:

Florida Rules of Civil Procedure July 11, 2024 171

(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.

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.

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

Florida Rules of Civil Procedure July 11, 2024 172

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.

RULE 1.650. 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.

(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

Florida Rules of Civil Procedure July 11, 2024 173

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

Florida Rules of Civil Procedure July 11, 2024 174

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.

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

Florida Rules of Civil Procedure July 11, 2024 175

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.

Florida Rules of Civil Procedure July 11, 2024 176

(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.

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

Florida Rules of Civil Procedure July 11, 2024 177

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. 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:

Florida Rules of Civil Procedure July 11, 2024 178

(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.

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. 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

Florida Rules of Civil Procedure July 11, 2024 179

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.

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. 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:

Florida Rules of Civil Procedure July 11, 2024 180

(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.

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,

Florida Rules of Civil Procedure July 11, 2024 181

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

Florida Rules of Civil Procedure July 11, 2024 182

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

Florida Rules of Civil Procedure July 11, 2024 183

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. 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 shall 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 the parties and their

Florida Rules of Civil Procedure July 11, 2024 184

counsel, if any. Signatures may be original, electronic, or facsimile

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 thereof. No partial or final

agreement under this rule may be reported to the court except as

provided herein.

enforceability of an agreement on the ground that communication

technology was used for participation in the mediation conference if

such 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 upon 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. 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.

Florida Rules of Civil Procedure July 11, 2024 185

(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.

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

Florida Rules of Civil Procedure July 11, 2024 186

the stipulation may be original, electronic, or facsimile and may be

in counterparts.

RULE 1.800. 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. 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

Florida Rules of Civil Procedure July 11, 2024 187

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. 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.

informally. Presentation of testimony must be kept to a minimum,

Florida Rules of Civil Procedure July 11, 2024 188

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.

Florida Rules of Civil Procedure July 11, 2024 189

(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.

Florida Rules of Civil Procedure July 11, 2024 190

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. 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.

Florida Rules of Civil Procedure July 11, 2024 191

(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. 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.

the document, are omitted from the forms. A general form of

caption is the first form. Signatures are omitted from pleadings and

motions.

Florida Rules of Civil Procedure July 11, 2024 192

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)

(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.

Florida Rules of Civil Procedure July 11, 2024 193

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

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 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:

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.

Florida Rules of Civil Procedure July 11, 2024 194

YOU ARE COMMANDED to serve this summons and a copy of the

complaint in this law-suit 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 dias, 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

Florida Rules of Civil Procedure July 11, 2024 195

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 egale-ment, 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

Florida Rules of Civil Procedure July 11, 2024 196

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. ……….

(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)

Florida Rules of Civil Procedure July 11, 2024 197

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.

Florida Rules of Civil Procedure July 11, 2024 198

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

Florida Rules of Civil Procedure July 11, 2024 199

(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

As Deputy Clerk

Florida Rules of Civil Procedure July 11, 2024 200

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

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).

Florida Rules of Civil Procedure July 11, 2024 201

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

Florida Rules of Civil Procedure July 11, 2024 202

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

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.

Florida Rules of Civil Procedure July 11, 2024 203

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

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……….

Florida Rules of Civil Procedure July 11, 2024 204

(Name of Clerk)

As Clerk of the Court

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

Florida Rules of Civil Procedure July 11, 2024 205

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

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

Florida Rules of Civil Procedure July 11, 2024 206

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

Florida Rules of Civil Procedure July 11, 2024 207

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

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

Florida Rules of Civil Procedure July 11, 2024 208

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.

Florida Rules of Civil Procedure July 11, 2024 209

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

As Deputy Clerk

.....(Name of Attorney).....

Attorney for .....(Name of Client)…..

.....Address.....

.....(Telephone number).....

.....(E-mail address(es)).....

Florida Bar No. ……….

Florida Rules of Civil Procedure July 11, 2024 210

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 Rules of Civil Procedure July 11, 2024 211

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

Florida Rules of Civil Procedure July 11, 2024 212

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.....

Florida Rules of Civil Procedure July 11, 2024 213

.....(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

As Deputy Clerk

Florida Rules of Civil Procedure July 11, 2024 214

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)……

Florida Rules of Civil Procedure July 11, 2024 215

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 ______________________________

Florida Rules of Civil Procedure July 11, 2024 216

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

As Deputy Clerk

Committee Notes

Florida Rules of Civil Procedure July 11, 2024 217

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

Florida Rules of Civil Procedure July 11, 2024 218

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

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:

Florida Rules of Civil Procedure July 11, 2024 219

(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) ..........

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

Florida Rules of Civil Procedure July 11, 2024 220

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

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

As Deputy Clerk

Florida Rules of Civil Procedure July 11, 2024 221

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.

Florida Rules of Civil Procedure July 11, 2024 222

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

As Deputy Clerk

.....(Name of Attorney).....

Attorney for .....(Name of Client)…..

Florida Rules of Civil Procedure July 11, 2024 223

.....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

As Deputy Clerk

Florida Rules of Civil Procedure July 11, 2024 224

.....(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.

Attending Deposition; Issuance by Attorney of Record.