IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE-2019 REGULAR-CYCLE REPORT.
Original Proceeding - Florida Rules of Civil Procedure
Michelle Bronson, Chair, and Scott Michael Dimond, Past
Chair, Civil Procedure Rules Committee, Miami, Florida; and
Joshua E. Doyle, Executive Director, and Mikalla Andies
Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,
E. Alexander of Rigdon Alexander & Rigdon, LLP, Merritt
Island, Florida; and Eleni Blumenfeld-James of Aderant,
Culver City, California, Responding with comments
for consideration The Florida Bar's Civil Procedure Rules
Committee's (the Committee) regular-cycle report of
proposed amendments to the Florida Rules of Civil Procedure.
See Fla. R. Jud. Admin. 2.140(b). We have
jurisdiction and adopt the majority of the
Committee proposes amendments to rules 1.090 (Time); 1.350
(Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes); 1.380 (Failure to Make
Discovery; Sanctions); 1.442 (Proposals for Settlement);
1.510 (Summary Judgment); 1.540 (Relief from Judgment,
Decrees, or Orders); 1.610 (Injunctions); 1.650 (Medical
Malpractice Presuit Screening Rule); 1.730 (Completion of
Mediation); 1.830 (Voluntary Binding Arbitration); forms
1.902 (Summons); 1.923 (Eviction Summons/Residential); 1.984
(Juror Voir Dire Questionnaire); 1.996(a) (Final Judgment of
Foreclosure); 1.996(b) (Final Judgment of Foreclosure for
Reestablishment of Lost Note); and Appendix I-Standard
Interrogatories Forms, form 1 (General Personal Injury
Negligence-Interrogatories to Plaintiff), and form 2 (General
Personal Injury Negligence-Interrogatories to Defendant). The
Committee also proposes new rule 1.535 (Remittitur and
Additur) and new form 1.952 (Proposal for Settlement).
Consistent with Florida Rule of Judicial Administration
2.140(b)(2), the Committee published its proposals for
comments prior to filing them with the Court. The Committee
received one comment concerning proposed new form 1.952
(Proposal for Settlement), but the Committee declined to
revise its proposal. The Board of Governors of The Florida
Bar unanimously approved all the Committee's proposals.
After the Committee filed its report, the Court published the
proposals for comments. The Court received two comments. One
comment suggested a revision to proposed new rule 1.535
(Remittitur and Additur). The other addressed the proposed
amendments to rule 1.442 (Proposals for Settlement). After
considering the comments, the Committee revised proposed new
rule 1.535 but declined to revise the proposed amendment to
considering the Committee's proposals, the comments
thereon, and the Committee's response, we adopt the
majority of the Committee's proposals. We adopt proposed
new rule 1.535 (Remittitur and Additur) with some
modifications. We decline, at this time, to amend rule 1.442
(Proposals for Settlement) and to adopt proposed new form
1.952 (Proposal for Settlement). We discuss the more
significant amendments below.
(b)(1) (Failure to Comply with Order) of rule 1.380 (Failure
to Make Discovery; Sanctions) is amended to allow courts to
find a deponent in contempt if he or she refuses to obey a
court order directing the deponent to produce documents.
(a) of new rule 1.535 (Remittitur and Additur) requires a
party to serve a motion for remittitur or additur within the
time provided in rule 1.530(b) and requires the motion to
specify the applicable law that is the basis of the motion,
the amount the movant contends the verdict should be, and
either the specific evidence that supports the amount stated
or a statement of the improper elements of damages.
Subdivision (b) of the new rule, which we have revised,
requires that if a motion for remittitur or additur is
granted, the court must state the specific statutory criteria
relied on when granting the motion. Finally, subdivision (c)
of the new rule provides that any party that is adversely
affected by an order granting remittitur or additur may
reject the award and elect a new trial on the issue of
damages only within fifteen days of such order.
(b) (Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc.) of rule 1.540 (Relief from
Judgment, Decrees, or Orders) is amended to clarify that the
term "judgment" includes final "orders"
for purposes of rule 1.540(b)(4).
1.610 (Injunctions) is amended to provide that if an order
granting a temporary injunction fails to provide a timeframe
within which the bond must be posted, the bond shall be
posted within five days of entry of the order setting the
1.984 (Juror Voir Dire Questionnaire) is amended to include a
new paragraph 6 that asks the level of education of the
juror. The rest of the paragraphs ...