The Fundamentals of Civil Procedure in Florida
Civil procedure is a body of law governing how legal proceedings involving civil matters are conducted. It establishes the rules and standards that courts follow when adjudicating civil lawsuits, and outlines the process from the initiation of the lawsuit through to its resolution. In Florida, the Florida Rules of Civil Procedure (FRCP) provide the framework for civil proceedings in both state and federal courts. They set out procedures for filing lawsuits, serving defendants, holding pretrial motions, discovery and trial .
The Florida Rules of Civil Procedure are a special set of rules incorporated into the Florida Rules of Court that apply in all Florida state courts, including circuit courts and county courts. The FRCP do not apply to probate (wills and estates) or family (marital and divorce) cases. Like the Federal Rules of Civil Procedure, which apply in federal courts, the Florida Rules of Civil Procedure exist to ensure that civil cases are handled efficiently, fairly and uniformly. Compliance with the FRCP is typically required to prevent dismissal of lawsuits and potential malpractice liability.
Deadlines Matter: What You Need to Know About Civil Procedure
In Florida, failure to comply with the rules of civil procedure can have severe consequences. The state has a complex legal system that requires both plaintiffs and the defendants to follow certain timelines. When the plaintiff initiates a case, they must provide certain documents to the defendant. If they fail to do so, the motion is void. If you are the plaintiff or a defendant in a civil case, you must know the deadlines for responding to motions and how to file the right documents after the complaint.
The civil procedure rules provide litigation structure. They set out how a litigation sequence is supposed to occur, what the documents must contain, and the manner in which the parties should produce evidence if necessary. For example, you may be required to make a motion or objection within 10 days of a lawsuit being presented in Florida court. Even if you have an excellent case, you could lose it if you do not adhere to the timeframe set forth by the rules.
The Major Deadline Types in Florida Civil Procedure
In order to make the most of your time, you want to develop an understanding of not only when key decision points are without your current case but also how much time may pass before a ruling or order is issued by a Judge. Understanding those timelines may help you plan strategy in ways that will help you succeed. The following is a look at some of the major categories of timing under Florida Rules of Civil Procedure and the general timeline associated with each.
Filing Deadlines, Service Deadlines and Response Deadlines Every legal process begins with a filing – whether it be the complaint and summons or something else entirely. Each civil filing must be served in one way or another and each filed response has deadlines. In general, most filings and responses must be filed and served within 20 or 30 days of the previous filing or service. This is true for: Many responses and requests can be initiated within 10 or 15 days of receiving the original filing or 20 or 30 days before a hearing or trial.
Communication Deadlines A judge cannot rule on a motion, hearing or other matter unless he or she is aware of the issue. All communication with the court must be done in a manner where the Judge is notified. All correspondence must be filed with the court and served to all parties involved.
Motions, Orders and Appeals Deadlines Any motion filed – which will go to the court for a rule or order – will have specific deadlines for responses, replies and motions for rehearing. On the other side of any motion is generally a hearing. All parties may need to respond to issues that come up during the hearing. The same is true of hearings on post-trial motions, motions for new trials, appellate briefs and more.
Discovery Deadlines Discovery is a big part of the litigation process from beginning to end. Without it, the parties would not know what the other plans to present. There are several different deadlines and timeframes that apply to: The deadlines for all of these elements shift throughout the entire process and connect with one another. There are times when a party will request a continuation or extension because of discovery.
Full Florida Civil Procedure Deadlines Chart
To start off the process of attempting to meet some of the Florida Rules of Civil Procedure deadlines imposed in scheduling trials, it is a good idea to first create a sample chart of deadlines.
Sample Deadlines Chart based off of Fla. R. Civ. P. 1.440(a):
The above chart is not a complete representation of the possible outcome of dates associated with setting a case for trial. It is intended to give a better understanding of how to use a sample deadlines chart.
Following the above example, let’s say that the Complaint was served on March 1, 2018. The deadlines that follow do the following:
March 1, 2019-5 days from the date of service of initial complaint-requires parties to make a good faith effort to agree to a statement of ready.
March 6, 2019-10 days from the date of service of initial complaint-requires the initial appearance of the defendant.
March 11, 2019-15 days from the date of service of initial complaint-requires the service of discovery.
March 20, 2019-30 days from the date of service of initial complaint-requires that discovery should be completed by this date.
March 24, 2019-60 days from the date of service of initial complaint-requires the parties to file a joint notice setting the case for trial. If the court has not already scheduled the case for trial, then the parties are required to do so.
April 10, 2019-75 days from the date of service of initial complaint-requires the parties to submit to the court a statement of the jury trial selection procedure.
May 4, 2019-90 days from the date of service of initial complaint-requires either party to file a notice for pretrial conference.
That gives you a general idea of how the above sample deadlines chart can be used to calculate deadlines.
Implications of Procedural Deadlines
The failure to timely respond to a simple demand letter (or to a Request for Admissions) may result in dismissal of a case, sanctions or entry of an adverse ruling. Florida Rule of Civil Procedure 1.380(a)(2) permits courts to enter orders "striking out all or part of any pleading, or dismissing the action or any part thereof." Courts may also impose sanctions under Florida Statute 57.105(1) where the Court finds that a party’s actions were "(a) Not supported by the material facts; (b) Not supported by the application of then-existing law; (c) Frivolous; or (d) Intended to cause unnecessary delay." Of particular note , if the Court is "satisfied that a claim or defense is frivolous or is not supported by the material facts or law, the court shall award to the injured party the reasonable expenses, including attorney’s fees, incurred in bringing or defending the action." Also, a party’s failure to timely respond to Requests for Admissions may result in the Court deeming certain matters admitted or imposing sanctions under Rule 1.370(c) (specifically, "The court must as a matter of course, unless it finds that an objection was made in good faith, order that the request be treated as having been admitted."). These consequences underscore the importance of civil procedure and deadlines, caselaw, and proper tactics.
Best Practices for Legal Deadlines Management
Effective time management is crucial in the practice of law, and this is especially true when it comes to the importance of complying with the strict deadlines that are set forth in state and federal civil procedure rules. Missed deadlines can have serious repercussions for your client’s case, including even the dismissal of a complaint or other ancillaries. When faced with rule deadlines, consider the following tips.
First, don’t wait until a deadline is upon you to conduct research or to try to figure out exactly what you need to be doing. This can lead to a "fire drill" atmosphere that might result in your missing the deadline altogether. A more effective strategy is to take the time to learn your deadlines so that you are fully informed about what your obligations will be for any given matter. Research is the first step to understanding Florida deadlines, so ensure that you have reviewed the relevant rules and supporting guides.
Next, research at the time when each complaint or proceeding is filed to immediately establish the applicable deadlines and reminders to be sure you know how long you have before the next deadline. The Florida Bar has created some helpful checklists in its guide. While there may not be a specific checklist to assist you with a certain type of proceeding, you can make those notes yourself. From there, you can create a tickler system on your computer or calendar to remind you of deadlines as they approach. Your office may also invest in document management software to help you keep track of those deadlines.
In addition, take the extra step to provide your staff with an understanding of the importance of these deadlines, too. Train them to provide you with reminders and updates as the deadlines approach or change, as well as to keep track of the progress on your matters. Delegate work to the support staff in your office to help manage the numerous deadlines that may be looming on any given day.
Regular follow-up is critical to ensure you are on track to meet all deadlines. Last minute requests to extend deadlines should be made in writing to the court as early as possible.
The most important thing to remember, however, is that diligence and vigilance help attorneys and their clients avoid unnecessary complications.
Recent Alterations to Florida Deadlines for Civil Procedure
The Florida Rules of Civil Procedure have undergone recent changes that every legal professional should be aware of. Prior to these updates, Civil Procedure deadlines were automatically extended in certain circumstances. After the amendments, these extensions are no longer automatic—yet still available. This means that while you may be able to rely on the previous deadlines if you are making initial inquiries, you can no longer rely on them as a default.
The new provisions include:
— A party who seeks court-ordered discovery must confer before serving discovery under Rules 1.340 or 1.410 and also before moving to compel, in accordance with Rule 1.380(a).
— Parties may not continue discovery beyond the time limits imposed by the rules without obtaining leave of court, pursuant to Rule 1.380(b)(2).
— Subpoenas to third parties must be served within 60 days of service of the complaint or petition, unless the parties stipulate otherwise or the time for service is enlarged by the court, following an amendment to Rule 1.410(b).
— The presumptive time for expert discovery is now 70 days after a witness’s deposition or, in cases where a witness is not deposed, 70 days after a discovery request, pursuant to Rule 1.280(c)(4).
— A notice to serve interrogatories is deemed to be a service of interrogatories if served on any party or nonparty; a notice to serve requests for admissions is deemed to be a service of requests for admissions; and a written request for production is deemed a request made to produce documents upon inspection under this rule, pursuant to Rule 1.340(b).
— A party who seeks relief from a deadline is required to file the motion by the deadline sought to be extended, pursuant to Rules 1.090(a)(8) and (i).
— Once discovery closes, any request for production or inspection of documents must be completed no later than 40 days before the trial date, pursuant to Rule 1.350(a).
— Parties may further stipulate when the parties’ time to serve initial disclosure statements begins to run.
While there is always room for further amendments to this part of the law, at least for now you are in a position to avoid trouble when you are aware of these changes.
Additional Guidance
Each district court has a self-help center run by volunteer attorneys that offer free assistance and guidance to pro se litigants. You can find out more about your district’s self-help center by searching "District Court Self-Help Center" – I’ll link to each of the home pages of Florida’s three districts below:
- Northern District of Florida’s self-help center
- Middle District of Florida’s self-help center
- Southern District of Florida’s self-help center
Other helpful sites include:
1. The Federal Bar Association Florida Chapter
2. Self Represented Litigant Guidelines – Middle District of Florida
3 . Self Represented Litigants – Northern District of Florida
- Pro Se Resource Center – Southern District of Florida
- Eleventh Circuit Court of Appeals – The Eleventh Circuit asks that all pro se litigants utilize their Pro Se Handbook.
- United States Attorneys Office for the Southern District of Florida – this site allows pro se litigants to contact the office in an attempt to request free assistance and guidance in filling out forms and understanding the process.
- Florida Bar’s Pro Bono Certification Listings – this resource can point interested parties in the right direction to get assistance in the state of Florida.