Supreme Court of Florida

Amendments to the Florida Rules of Civil Procedure

October 5, 20002000 Fla. LEXIS 2312

Summary

The court approved the Civil Procedure Rules Committee’s proposed substantive amendments to the Florida Rules of Civil Procedure, with limited stylistic changes, and adopted the rules in the appendix. The amendments clarify forum-non-conveniens dismissals, service procedures, pleading and affirmative-defense requirements, motions for more definite statements, discovery, settlement proposals, fee motions, and related procedures. The amendments were made effective January 1, 2001, at 12:01 a.m.

Holding

  • Forum non conveniens. The court adopted amended Rule 1.061, providing that dismissal requires an adequate alternative forum with jurisdiction over the whole case, a balance of private interests favoring the alternative forum despite a strong presumption for the plaintiff’s initial forum, consideration of public interests when private interests are at or near equipoise, and assurance that the plaintiff can refile without undue inconvenience or prejudice.
  • Conditions and timing of forum-non-conveniens dismissal. The court adopted mandatory conditions requiring all defendants to agree to specified stipulations, deeming defendants to stipulate to preservation of the filing date for limitations purposes and plaintiffs to stipulate to prompt refiling within 120 days after dismissal becomes final. Waiver requires unanimous agreement, a compelling reason, and competent substantial evidence; the motion generally must be served within 60 days after service of process, and the dismissing court must retain jurisdiction to enforce its order and conditions.
  • Service of pleadings, papers, orders, and judgments. The court adopted amendments governing service on represented and unrepresented parties, service by delivery, mail, or facsimile, service involving numerous defendants, filing and certificates of service, clerk service, and transmission of orders and judgments. Failure to comply with the service-of-orders subdivision does not affect the order, its finality, or proceedings arising from it.
  • Pleading and affirmative-defense requirements. The court adopted the pleading provisions requiring claims to state jurisdictional grounds, ultimate facts showing entitlement to relief, and a demand for judgment, and requiring answers to state defenses and admit or deny allegations. Parties must affirmatively plead enumerated defenses and any other matter constituting an avoidance or affirmative defense; alternatively pleaded claims and defenses may be inconsistent.
  • Defenses and motions for a more definite statement. The court adopted provisions requiring defenses to be asserted in the responsive pleading unless permitted by motion, specifying waiver rules for omitted defenses, preserving certain defenses for later assertion, and allowing a motion for a more definite statement when a pleading is so vague or ambiguous that a party cannot reasonably frame a response. The motion must identify the defects and requested details, and noncompliance with an order may result in striking the pleading or another just order.

Docket No. SC00-730

Cited authorities

  • 15 U.S.C. §§ 1671-1673
  • Fla. R. Civ. P. 1.650(a)
  • Fed. R. Civ. P. 12(g)
  • Fed. R. Civ. P. 26
  • Fed. R. Civ. P. 26(b)(2)
  • Fed. R. Civ. P. 26(b)(5)
  • Fed. R. Civ. P. 30
  • Fed. R. Civ. P. 30(d)

Cited by

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