Supreme Court of Florida

In Re Florida Bar, Rules of Civil Procedure

December 13, 1976339 So. 2d 626

Summary

The Supreme Court of Florida issued an order adopting amended and new rules of civil procedure effective January 1, 1977, superseding any conflicting rules and statutes. The order, entered per curiam, establishes duties for judges, attorney signing requirements, service of pleadings and orders, video‑tape depositions, interrogatory formatting, subpoena service, dismissal for failure to prosecute, jury‑challenge procedures, trial‑setting deadlines, and summary‑judgment specifications.

Holding

  • Whether the duty of judges to rule within a reasonable time should be codified.. The Court adopts Rule 1.020(f) requiring judges to rule and announce orders within a reasonable time and to maintain a log of cases held over sixty days.
  • Whether pleadings must be signed by an attorney and include a telephone number.. The Court adopts Rule 1.030(a) requiring attorney signatures, addresses, and telephone numbers on all pleadings, and Rule 1.030(b) for pro se parties.
  • Whether service of orders must be made to all parties and defaulted parties in specified instances.. The Court adopts Rule 1.080(h)(1) mandating that copies of all orders or judgments be transmitted to all parties, with limited exceptions for defaulted parties.
  • Whether a party may obtain a video‑tape deposition as a matter of right.. The Court adopts Rule 1.310(b)(4) allowing a party, upon motion, to have a deposition recorded on video tape as a matter of right, subject to cost allocation provisions.
  • Whether a summary‑judgment motion must state with particularity the grounds and legal authority supporting it.. The Court adopts Rule 1.510(c) requiring movants to state with particularity the grounds and legal authority for summary judgment.

Docket 49249

Cited authorities

  • Rule 1.440(c)
  • Rule 1.280(c)
  • Rule 1.080
  • Rule 1.080(d)
  • Rule 1.080
  • Rule 1.080(a)
  • Rule 1.140(b)

Cited by

Read full opinionPDF