Changes in law can come about in two ways: The state legislature can draft and pass new bills, which the Florida governor signs into law, or the Florida Supreme Court can make rulings in cases where there is some question about applying Florida laws.
This effectively sets a precedent for how the law is to be interpreted by trial judges, Circuit Courts, and appellate courts.
The new Florida laws mentioned below may significantly impact the outcome of your pending personal injury claim. A good Florida personal injury lawyer stays up to date on Florida and federal laws that may impact your case, so be sure to talk to your lawyer to see if your interests are affected by these changes.
New Florida laws
The Florida Supreme Court recently issued opinions finalizing changes to the Rules of Civil Procedure that will take effect on January 1, 2025. They include but are not limited to the following.
Summary judgment motions
A summary judgment is when a judge decides a case without a full trial because there’s no dispute about the important facts. Recent changes have extended the time allowed to respond to these motions, giving parties more time to prepare their arguments.
Here’s how the deadlines to file a summary judgment motion have changed:
The deadline for filing a response is 40 days from the date of filing. The new deadline is longer than before, giving the other party more time to prepare a response.
Hearings for summary judgments must be scheduled at least 10 days after the response filing, preventing hearings from being rushed
Conferral for non-dispositive motions
Before filing certain motions in court, lawyers must now talk to the opposing lawyer to try to resolve the issue without involving the judge. After this discussion, the lawyer must include a statement in their motion confirming that this conversation took place and explaining the other side’s stance.
This rule encourages both sides to work together and avoid unnecessary court actions. If a lawyer doesn’t follow this requirement, they might face penalties, such as fines or being ordered to pay court costs.
Discovery deadline updates
Florida discovery rules now align more closely with federal rules of procedure for discovery. Initial disclosures must be made within 60 days of serving the complaint. They must include key information such as:
- The identity of the witnesses
- The nature of the evidence
- Any documents to be used at trial
Noncompliance may result in sanctions. The judge may also bar any non-disclosed evidence or witnesses from the trial. The goal is to streamline discovery and encourage both parties to be more forthcoming with each other.
Discovery proportionality
Another change to the Florida Rules of Civil Procedure regarding discovery is that it must be proportional to the needs of the case. Disputes, discovery requests, and responses should not be excessive or unnecessary.
Civil judges can now consider the importance, complexity, and amount of information requested to approve a discovery request.
The intention is to prevent discovery from being overly time-consuming and expensive in small-value or straightforward claims.
Motions to compel
The new rules introduce more structured guidance on motions to compel or deny discovery. The judge must order reasonable expenses for these motions if the requesting party prevails. However, if the judge denies the motion, they may require the requesting party to pay the opposing party’s legal costs to respond.
Motions to compel are typically filed when one party believes the other has withheld critical documents or evidence or otherwise failed to comply with their discovery request.
The change intends to resolve discovery disputes more equitably and discourage frivolous motions to compel.
Extensions and deadlines
Case management deadlines must be strictly enforced by the trial judge, who also ensures that both parties adhere to the new rules:
- All pretrial documents and responses have strict deadlines for completion
- Extensions are only granted if the party is compliant with the new criteria for seeking additional time
- Stricter enforcement of deadlines may reduce backlog in Florida civil courts and enhance efficiency.
Trial dates and continuances
Continuances must include a detailed justification for the request. Trial dates are no longer based on the “at-issue” rule, which allows a case to be scheduled for trial only once certain issues are determined to be in dispute.
The at-issue rule is revoked. Instead, trial dates are determined based on availability and other case-specific factors.
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Do you need help with a personal injury case?
New Florida laws reflect a larger national trend of tightening civil litigation processes and encouraging compromise and cooperation between plaintiffs and defendants. As a result, more cases may be settled out of court.
As trained negotiators, the Florida personal injury attorneys at Lytal, Reiter, Smith, Ivey & Fronrath are fully qualified to secure the best possible outcome for your claim. Contact our firm today at (561) 655-1990 for a free consultation.
