Printer Friendly

Amendments to the Civil Procedure Rules.

The Florida Bar's Civil Procedure Rules Committee has submitted to the Florida Supreme Court its regular-cycle report proposing amendments to the Florida Rules of Civil Procedure. The Committee proposes amendments to rules 1.120 (Pleading Special Matters); 1.140 (Defenses); 1.210 (Parties); 1.221 (Condominium Associations); 1.280 (General Provisions Governing Discovery); 1.310 (Depositions Upon Oral Examination); 1.351 (Production of Documents and Things Without Deposition); 1.360 (Examination of Persons); 1.410 (Subpoena); 1.470 (Exceptions Unnecessary); 1.650 (Medical Malpractice Presuit Screening Rule); 1.820 (Hearing Procedures For Non-Binding Arbitration); 1.902 (Summons); 1.910 (Subpoena For Trial); 1.911 (Subpoena Duces Tecum For Trial); 1.912 (Subpoena For Deposition); 1.913 (Subpoena Duces Tecum For Deposition); 1.922 (Subpoena Duces Tecum Without Deposition); and 1.982 (Contempt Notice). The committee also proposes new rule 1.526 (Expert Opinion Testimony on Costs and Attorneys' Fees). The court invites all interested persons to comment on the committee's proposed amendments, which are summarized below and reproduced in full online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 2, with a certificate of service verifying that a copy has been served on Keith H. Park, Committee Chair, P.O. Box 3563, West Palm Beach 33402-3563, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument which may be scheduled in this case in June 2007. Further, if comments are directed toward the proposed amendment to rule 1.221 (Condominium Associations), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Rohan Kelley, Chair of the Bar's Real Property, Probate, and Trust Law Section, 5100 N. Federal Hwy, Suite 405, Ft. Lauderdale 33308. If comments are directed toward the proposed amendment to rule 1.351 (Production of Documents and Things Without Deposition), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Michael Dickey, P.O. Box 2467, Panama City 32402-2467. If comments are directed toward proposed new rule 1.526 (Expert Opinion Testimony On Costs and Attorneys' Fees), the certificate of service shall also verify that a copy has been service on the proponent of the rule, Robert J. Hauser, Flagler Beach Center, Suite 1400, West Palm Beach 33401. If comments are directed toward the proposed amendments to rule 1.820 (Hearing Procedures For Non-Binding Arbitration), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Pamela S. Leslie, General Counsel, Florida Department of Transportation, 605 Suwannee St., Tallahassee 32399-0450. The committee chair has until April 16, to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).
IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, SC07-173

RULE CHANGE TO RULE

Rule 1.120. a) is amended to require that initial pleadings on
Pleading behalf of a minor party note the minority status of that
Special party. This is part of the changes to the civil
Matters procedure rules proposed to protect the rights of minors
 in legal proceedings.

Rule 1.140. a) is amended to conform the rules to statutory
Defenses requirements regarding service on the state, an agency
 of the state, or an officer or employee of the state
 sued in an official capacity. Those parties have 40 days
 after service of a complaint or crossclaim to answer,
 except when sued under F.S. 768.28, in which case they
 have 30 days.

1.210. b) is amended as part of the changes to the civil
Parties procedure rules to protect the rights of minors in legal
 proceedings. The changes simply substitute "minor" for
 "infant" in 6 instances.

1.221. Rule 1.221, concerning condominium association standing
Condominium is amended to add homeowners' associations in light of
Associations F.S. 720.303(1), concerning homeowner association
 standing.

1.280. A technical correction to (a) is necessary to take into
General consideration the 2003 amendment to 1.370, which limited
Provisions the number of requests for admission. Because rule 1.370
Governing now limits the number of requests for admissions, it
Discovery should be added to the list of exceptions to unlimited
 use of discovery methods.

1.310. b)(8) is added so minors subpoenaed for testimony have
Depositions the right to be accompanied by a parent or guardian
Upon Oral under most circumstances.
Examination

1.351. b) and (d) are amended to permit a party seeking
Production nonparty discovery to have other parties' objections
of documents resolved by the court.
and things
without
deposition

1.360. a)(1)(C) is added so minors subpoenaed for testimony
Examination have the right to be accompanied by a parent or guardian
of Persons under most circumstances.

1.410. h) is added so minors subpoenaed for testimony have the
Subpoena right to be accompanied by a parent or guardian under
 most circumstances.

1.470. "Jury Instructions" is added to the title of this rule
Exceptions to more accurately reflect its subject matter.
Unnecessary

1.526. This rule is added to provide that expert opinion is not
Expert required to support or oppose a claim or an award of
Opinion costs, attorneys' fees, or both, unless required by
Testimony on prior order of the court.
Costs and
Attorneys'
Fees

1.650. c)(2)(A) and (c)(2)(C) are amended to implement changes
Medical in rule 1.310(b)(8), protecting rights of minors in
Malpractice trial proceedings.
Presuit
Screening
Rule

1.820. h) is amended to add: "If a motion for trial is filed by
Hearing any party, any party having a third-party claim at issue
Procedures at the time of arbitration may file a motion for trial
for Non- within 10 days of service of the first motion for
Binding trial." This is to avoid the unintended consequences for
Arbitration 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.

1.902. A footnote is added to the summons stating that, as
Summons noted in the proposed amendments to 1.140(a)(2), the
 state, agencies of the state, and officers and employees
 of the state sued in an official capacity have 40 days
 after service of a complaint or crossclaim to answer,
 except when sued under F.S. 768.28, in which case they
 have 30 days.

1.910. 1. A notice is added to (a) and (b) concerning the right
Subpoena For of minors subpoenaed for testimony to be accompanied by
Trial a parent or guardian during the taking of testimony
 under most circumstances.

 2. A notice regarding accommodation for persons with
 disabilities is added to (a) and (b).

1.911. 1. A notice is added to (a) and (b) concerning the right
Subpoena of minors subpoenaed for testimony to be accompanied by
Duces Tecum a parent or guardian during the taking of testimony
For Trial under most circumstances.

 2. A notice regarding accommodation for persons with
 disabilities is added to (a) and (b).

1.912. 1. A notice is added to (a) and (b) concerning the right
Subpoena For of minors subpoenaed for testimony to be accompanied by
Deposition a parent or guardian during the taking of testimony
 under most circumstances.

 2. A notice regarding accommodation for persons with
 disabilities is added to (a) and (b).

1.913. 1. A notice is added to (a) and (b) concerning the right
Subpoena of minors subpoenaed for testimony to be accompanied by
Duces a parent or guardian during the taking of testimony
Tecum For under most circumstances.
Deposition
 2. A notice regarding accommodation for persons with
 disabilities is added to (a) and (b).

1.922. A notice is added to (a)-(d) regarding accommodation for
Subpoena persons with disabilities.
Duces Tecum
Without
Deposition

1.982. A notice is added regarding accommodation for persons
Contempt with disabilities.
Notice
COPYRIGHT 2007 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007 Gale, Cengage Learning. All rights reserved.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Florida Bar News
Geographic Code:1U5FL
Date:Mar 1, 2007
Words:1396
Previous Article:Private registry lawyers vs. CCRCs.
Next Article:Bar exam.
Topics:


Related Articles
Federal judges reject lower standard for granting protective orders.
Federal Rule amendment could promote secrecy.
An update on pleading, sanctions and civil justice reform in environmental cases.
A guide to the 1997 amendments to the Florida Rules of Civil Procedure.
A millennial update on procedural issues in environmental litigation.
The Florida Supreme Court dulls the edge of Rule 1.420(e).
Poverty law and civil procedure: rethinking the first-year course.
E-discovery compels a seat for RIM at the counsel table.

Terms of use | Copyright © 2014 Farlex, Inc. | Feedback | For webmasters