In Re: Amendments to Florida Rules of General Practice and Judicial Administration
Supreme Court of Florida
In Re: Amendments to Florida Rules of General Practice and Judicial Administration
Opinion
Supreme Court of Florida
____________
No. SC2023-0837
____________
IN RE: AMENDMENTS TO FLORIDA RULES OF GENERAL
PRACTICE AND JUDICIAL ADMINISTRATION.
March 21, 2024
PER CURIAM.
The Florida Bar’s Rules of General Practice and Judicial
Administration Committee has filed a report with its proposed
refinements to the Workgroup on the Improved Resolution of Civil
Cases’ proposals to amend the Florida Rules of General Practice
and Judicial Administration. 1 Except as modified below, we adopt
the amendments proposed by the Committee. We also direct the
Commission on Trial Court Performance and Accountability to
monitor the effect of these amendments for one year and to provide
us with updated recommendations at year’s end.
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(f).
BACKGROUND
In 2022, the Workgroup2 submitted a final report proposing
amendments to the Florida Rules of General Practice and Judicial
Administration and multiple other rule sets aimed at promoting the
fair and timely resolution of civil cases. The proposed amendments
provided for court case management of civil cases with early judicial
intervention, adherence to established deadlines, and reporting of
case management data. Because additional refinements were
needed, we declined to adopt the Workgroup’s proposals, opting
instead to make a series of phased referrals for the “refinement and
study of the Workgroup’s proposals.” In re Report &
Recommendations of Workgroup on Improved Resolution of Civil
Cases, No. SC2022-0122 (Fla. Jan. 12, 2023).
2. Established by the Court in 2019, the Workgroup was
tasked with examining Florida’s “laws, rules of court, and practices
relating to civil procedure and case management to determine
whether changes can be made to improve the resolution of civil
cases . . . includ[ing] consideration of whether this state’s laws and
rules of court sufficiently address and deter a failure to prosecute, a
violation of discovery, presentation of an unsupported claim or
defense, and causation of an improper delay in litigation.” In re
Workgroup on Improved Resolution of Civil Cases, Admin. Order No.
AOSC2019-73 (Fla. Oct. 31, 2019).
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We made one such referral to the Rules of General Practice
and Judicial Administration Committee, tasking it with refining the
Workgroup’s proposed changes to the Florida Rules of General
Practice and Judicial Administration. After thoroughly considering
the Workgroup’s report, the Committee has now filed a report with
its suggested refinements to the Workgroup’s proposal for new rule
2.546 (Active and Inactive Case Status) and for existing rules 2.215
(Trial Court Administration), 2.250 (Time Standards for Trial and
Appellate Courts and Reporting Requirements), and 2.550
(Calendar Conflicts). The Committee also proposes the addition of
new forms 2.604 (Notice of Pending Matter), 2.605 (Notice of
Inactive Status), and 2.606 (Notice of Active Status).
The Florida Bar’s Board of Governors unanimously
recommends acceptance of the proposed amendments. We
published the Committee’s proposals for comment and received one
comment from Judge Frederick Pollack, a circuit court judge in the
Sixth Judicial Circuit. The Committee filed a response to the
comment.
Having considered the reports from both the Committee and
the Workgroup, the comment received, and the Committee’s
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response, we adopt the amendments to the Florida Rules of General
Practice and Judicial Administration proposed by the Committee
with some modifications. We explain the modifications below and
discuss some of the more significant rule amendments.
AMENDMENTS
First, to promote efficient case management, the existing
reporting requirement in rule 2.215(f) (Duty to Rule within a
Reasonable Time) is amended to require a judge to maintain a log of
all matters, not just cases, held under advisement and to notify the
chief judge each month of all matters that have been held under
advisement for more than 60 days. The Committee proposed
amending rule 2.215(f) to also require judges to report matters
“ready for disposition.” But we decline to make this change
because a listing of all matters held under advisement for more
than 60 days would necessarily include any matter that is “ready
for disposition.”
Additionally, rule 2.215 is amended to include new subdivision
(f)(2) (Notice of Pending Matter). Under the new subdivision, a party
may prompt a judge to rule on a matter that has been pending for
more than 60 days by filing a notice with the clerk and serving a
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copy on the judge. New form 2.604 contains a sample notice for
use in providing notice under the rule.
Rule 2.250(a) (Time Standards) is amended to add a time
standard of 30 months for complex cases and to clarify when the
time standards for civil cases begin and end. And rule 2.250(b)
(Reporting of Cases) is amended to require the chief judge of each
circuit to serve on the chief justice and the state court
administrator an annual report listing all active civil cases that
have been pending three or more years.
New rule 2.546 requires the parties in all types of proceedings
to notify a court of a case’s change in status. The new rule is
divided into two parts. Subdivision (a) (Required Stay) addresses
changing a case’s status when a stay is required by law, while
subdivision (b) (Requested Stay) addresses changing a case’s status
when a stay is requested but not required by law. Under
subdivision (a), and in instances such as a bankruptcy stay, a party
need only promptly file a notice indicating a change in the case’s
status to place it on active or inactive status; no court action is
needed. New forms 2.605 and 2.606 contain sample notices for use
in providing notice of a case’s status under subdivision (a).
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Under subdivision (b), a party may file a motion requesting a
change in case status, but absent a stipulation that a pending
appellate ruling in another matter will be dispositive, or a showing
of extraordinary circumstances, a court will not grant a request to
place a case on inactive status. To ensure that a party is required
to act with the same level of promptness in restoring a case to
active status under both subdivisions, we revise subdivision (b)(2)
to read: “A party must promptly move to restore a case to active
status when circumstances make inactive status unnecessary.” We
also revise the first sentence of subdivision (b)(3) to clarify that a
party filing a motion seeking a change in case status under the rule
must serve a copy of the motion and a proposed order on the
presiding judge at the time the motion is filed.
Lastly, rule 2.550(c) (Notice and Agreement; Resolution by
Judges) is amended to clarify that when a lawyer is scheduled to
appear in two courts at the same time, the presiding judges must
confer and resolve the conflict.
CONCLUSION
Accordingly, the Florida Rules of General Practice and Judicial
Administration are amended as set forth in the appendix to this
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opinion. New language is indicated by underscoring; deletions are
indicated by struck-through type. The amendments become
effective on July 1, 2024, at 12:01 a.m.
The Commission on Trial Court Performance and
Accountability is directed to monitor the effect of these amendments
for one year after they go into effect and to provide this Court with
updated recommendations at year’s end.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of General Practice and Judicial
Administration
Kristin A. Norse, Chair, Rules of General Practice and Judicial
Administration Committee, Tampa, Florida, Joshua E. Doyle,
Executive Director, The Florida Bar, Tallahassee, Florida, and Kelly
Noel Smith, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
Frederick L. Pollack, Circuit Judge, Sixth Judicial Circuit of Florida,
Clearwater, Florida,
Responding with comments
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APPENDIX
RULE 2.215. TRIAL COURT ADMINISTRATION
(a) Purpose. The purpose of this rule is to fix administrative
responsibility in the chief judges of the circuit courts and the other
judges that the chief judges may designate. When thesea rules
refers to “the court,” they shall be construed to applyit applies to a
judge of the court when the context requires or permits.
(b) Chief Judge.
(1) The chief judge shall beis a circuit judge who
possesses managerial, administrative, and leadership abilities, and
shall beis selected without regard to seniority only.
(2) The chief judge shall beis the administrative officer
of the courts within the circuit and shall, consistent with branch-
wide policies, directs the formation and implementation of policies,
and priorities for the operation of all courts and officers within the
circuit, consistent with branch-wide policies. The chief judge shall
exercisehas administrative supervision over all judges and court
personnel within the judicial circuit. The chief judge shall beis
responsible to the chief justice of the supreme court. The chief
judge may enter and sign administrative orders, except as otherwise
provided by this rule. The chief judge shall havehas the authority to
require that all judges of the court, other court officers, and court
personnel comply with all court and judicial branch policies,
administrative orders, procedures, and administrative plans.
(3) The chief judge shall maintains liaison in all judicial
administrative matters with the chief justice of the supreme court,
and shall, considering available resources, ensures the efficient and
proper administration of all courts within that circuit, considering
available resources. The chief judge shallmust develop and file with
the supreme court an administrative plan that shall be filed with
the supreme court and shall includes an administrative
organization capable of effecting the prompt disposition of cases;
assignment of judges, other court officers, and all other court
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personnel; control of dockets; regulation and use of courtrooms;
and mandatory periodic review of the status of the inmates of the
county jail. The plan shallmust be compatible with the development
of the capabilities of the judges in such a mannerso that each judge
will be qualified to serve in any division, thereby creating a judicial
pool from which judges may be assigned to various courts
throughout the state. The administrative plan shallmust include a
consideration of the statistical data developed by the case reporting
system. Questions concerning the administration or management of
the courts of the circuit shallmust be directed to the chief justice of
the supreme court through the state courts administrator.
(4) The chief judge shall assigns judges to the courts
and divisions, and shall determines the length of each assignment.
The chief judge is authorized to order consolidation of cases, and to
assign cases to a judge or judges for the preparation of opinions,
orders, or judgments. All judges shallmust inform the chief judge of
any contemplated absences that will affect the progress of the
court’s business. If a judge is temporarily absent, is disqualified in
an action, or is unable to perform the duties of the office, the chief
judge or the chief judge’s designee may assign a proceeding pending
before the judge to any other judge or any additional assigned judge
of the same court. The chief judge may assign any judge to
temporary service for which the judge is qualified in any court in
the same circuit. If it appears to the chief judge that the speedy,
efficient, and proper administration of justice so requires, the chief
judge shallmay request the chief justice of the supreme court to
assign temporarily an additional judge or judges from outside the
circuit to duty in the court requiring assistance. The assigned
judges shall beare subject to administrative supervision of the chief
judge for all purposes of this rule. When assigning a judge to hear
any type of postconviction or collateral relief proceeding brought by
a defendant who has been sentenced to death, the chief judge
shallmust assign to such casesthe case to a judge qualified to
conduct such proceedings under subdivision (b)(10) of this rule.
Nothing in this rule shall restricts the constitutional powers of the
chief justice of the supreme court to make such assignments as the
chief justice shall deem appropriate.
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(5) The chief judge may designate a judge in any court
or court division of circuit or county courts as “administrative
judge” of any court or division to assist with the administrative
supervision of the court or division. To the extent practical, the
chief judge shallshould assign only one1 administrative judge to
supervise the family court. The designee shall beis responsible to
the chief judge, shall havehas the power and duty to carry out the
responsibilities assigned by the chief judge, and shall serves at the
pleasure of the chief judge.
(6) The chief judge may require the attendance of
prosecutors, public defenders, clerks, bailiffs, and other officers of
the courts, and may require from the clerks of the courts, sheriffs,
or other officers of the courts periodic reports that the chief judge
deems necessary.
(7) The chief judge shallmust regulate the use of all
court facilities, regularly examine the dockets of the courts under
the chief judge’s administrative supervision, and require a report on
the status of the matters on the dockets. The chief judge may take
such action as may be necessary to causemake the dockets to be
made current. The chief judge shallmust monitor the status of all
postconviction or collateral relief proceedings for defendants who
have been sentenced to death from the time that the mandate
affirming the death sentence has been issued by the supreme court
and shall take the necessary actions to assure that suchthe cases
proceed without undue delay. On the first day of every January,
April, July, and October, the chief judge shallmust inform the chief
justice of the supreme court of the status of all suchthese cases.
(8) The chief judge or the chief judge’s designee
shallmust regularly examine the status of every inmate of the
county jail.
(9) The chief judge may authorize the clerks of courts
to maintain branch county court facilities. When so authorized,
clerks of court shall be permitted to retain county court permanent
records of pending cases in suchthe branch court facilities all
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county court permanent records of pending cases, and mayto retain
and destroy these records in the manner provided by law.
(10) Assigning Capital Cases.
(A) The chief judge shallmay not assign a judge to
preside over a capital case in which the state is seeking the death
penalty, or collateral proceedings brought by a death row inmate,
until that judge has become qualified to do so by:
(i) presiding a minimum of 6 months in a
felony criminal division or in a division that includes felony criminal
cases,; and
(ii) successfully attending the “Handling
Capital Cases” course offered through the Florida Court Education
Council. A judge whose caseload includes felony criminal cases
must attend the “Handling Capital Cases” course as soon as
practicable, or uponat the direction of the chief judge.
(B) [No Change]
(C) Following attendance at the “Handling Capital
Cases” course, a judge shall remains qualified to preside over a
capital case by attending a “Capital Case Refresher” course once
during each of the subsequent continuing judicial education (CJE)
reporting periods. A judge who has attended the “Handling Capital
Cases” course and who has not taken the “Capital Case Refresher”
course within any subsequent continuing judicial education
reporting period must requalify to preside over a capital case by
attending the refresher course.
(D) The refresher course shallmust be at least a 6-
hour course and must be approved by the Florida Court Education
Council. The course must containing instruction on the following
topics: penalty phase, jury selection, and proceedings brought
pursuant tounder Florida Rule of Criminal Procedure 3.851.
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(11) The failure of any judge to comply with an order or
directive of the chief judge shall beis considered neglect of duty and
may be reported by the chief judge to the chief justice of the
supreme court who shall havehas the authority to take any
appropriate corrective action as may be appropriate. The chief judge
may report the neglect of duty by a judge to the Judicial
Qualifications Commission or other appropriate person or body, or
take such other appropriate corrective action as may be
appropriate.
(12) At the call of the chief justice, the chief judges of the
circuit court and district courts of appeal shallmust meet on a
regular basis and with each other and with the chief justice to
discuss and provide feedback for implementation of policies and
practices that have statewide impact including, but not limited to,
the judicial branch’s management, operation, strategic plan,
legislative agenda, and budget priorities. SuchThe meetings
shallmust, if practicable, occur at least quarterly and be conducted
in person, if practicable. At the discretion of the chief justice, any of
these meetings may be combined with other judicial branch and
leadership meetings.
(13) The chief judge shall have the responsibility tomust
exercise reasonable efforts to promote and encourage diversity in
the administration of justice.
(c) Selection. The chief judge shallmust be chosen by a
majority of the active circuit and county court judges within the
circuit for a term of 2 years commencing on July 1 of each odd-
numbered year, or ifby the chief justice if there is no majority, by
the chief justice, for a term of 2 years. The election for chief judge
shallmust be held no sooner than February 1 of the year during
which the chief judge’s term commences beginning July 1. All
elections for chief judge shallmust be conducted as follows:
(1) All ballots shall beare secret.
(2) [No Change]
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(3) Proxy voting shallis not be permitted.
(4) [No Change]
A chief judge may be removed as chief judge by the supreme court,
acting as the administrative supervisory body of all courts, or may
be removed by a two-thirds vote of the active judges. The purpose of
this rule is to fix a 2-year cycle for the selection of the chief judge in
each circuit. A chief judge may serve for successive terms but in no
event shall the total term as chief judge exceedno more than 8
years. A chief judge who is to be temporarily absent shallmust
select an acting chief judge from among the circuit judges. If a chief
judge dies, retires, fails to appoint an acting chief judge during an
absence, or is unable to perform the duties of the office, the chief
justice of the supreme court shallmust appoint a circuit judge to act
as chief judge during the absence or disability, or until a successor
chief judge is elected to serve the unexpired term. When the office of
chief judge is temporarily vacant pending action within the scope of
this paragraph, the duties of court administration shall beare
performed by the circuit judge having the longest continuous
service as a judge or by another circuit judge designated by that
judge.
(d) Circuit Court Administrator. Each circuit court
administrator shall beis selected or terminated by the chief judge
subject to concurrence by a majority vote of the circuit and county
judges of the respective circuits.
(e) Local Rules and Administrative Orders.
(1) Local court rules as defined in rule 2.120 may be
proposed by a majority of the circuit and county judges in the
circuit. The judges shallmust notify the local bar within the circuit
of the proposal, after which they shallmust permit a representative
of the local bar, and may permit any other interested person, to be
heard orally or in writing on the proposal before submitting it to the
supreme court for approval. When a proposed local rule is
submitted to the supreme court for approval, the following
procedure shall applyapplies:.
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(A) Local court rule proposals shallmust be
submitted to the supreme court in January of each year. The
supreme court may accept emergency proposals submitted at other
times.
(B) Not later than February 15 of each year,
theThe clerk of the supreme court shall submits all local court rule
proposals to the Supreme Court Local Rules Advisory Committee
created by rule 2.140by February 15 of each year. At the same time,
the clerk of the supreme court shall sends copies of the proposed
rules to the appropriate committees of The Florida Bar. The Florida
Bar committees, any interested local bar associations, and any
other interested person shallmust submit any comments or
responses that they wish to make to the Supreme Court Local Rules
Advisory Committee on or before March 15 of thethat year.
(C) The Supreme Court Local Rules Advisory
Committee shallmust meet on or before April 15 to consider the
proposals and any comments submitted by interested parties. The
committee shallmust transmit its recommendations to the supreme
court concerning each proposal, with the reasons for its
recommendations, within 15 days after its meeting.
(D) The supreme court shall considers the
committee’s recommendations of the committee and may resubmit
the proposals with modifications to the committee for editorial
comment only. The supreme court may set a hearing on any
proposals, or consider them on the recommendations and
comments as submitted. If a hearing is set, notice shallmust be
given to the chief judge of the circuit from which the proposals
originated, the executive director of The Florida Bar, the chair of the
Rules of General Practice and Judicial Administration Committee of
The Florida Bar, any local bar associations, and any interested
persons who made comments on the specific proposals to be
considered. The supreme court shallmust act on the proposals
promptly after the recommendations are received or heard.
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(E) If aA local court rule is approved by the
supreme court, it shall becomes effective on the date set by that
court.
(F) AThe clerk of the circuit court where the local
court rules take effect must index and record a copy of all local
court rules approved by the supreme court shall be indexed and
recorded by the clerk of the circuit court in each applicable county
of thethat circuit where the rules are effective. A set of the recorded
copies shallmust be readily available for inspection as a public
record, and copies shall be provided to any requesting party foron
payment of the cost of duplication. The chief judge of the circuit
may provide for the publication ofpublish the local court rules. The
clerk of the supreme court shallmust furnish copies of each
approved local court rule to theThe Florida Bar’s executive director
of The Florida Bar.
(2) Any judge or member of The Florida Bar who
believes that an administrative order promulgated under
subdivision (b)(2) of this rule is a court rule or a local rule as
defined in rule 2.120, rather than an administrative order, may
apply to the Supreme Court Local Rules Advisory Committee for a
decision on the question. The decisions of the committee concerning
the determination of the question shallmust be reported to the
supreme court, and the court shallmust follow the procedure set
forth in subdivision (D) above in considering the recommendation of
the committee.
(3) AllThe clerk of the circuit court where the
administrative order takes effect must index and record all
administrative orders of a general and continuing nature, and all
others orders designated by the chief judge, shall be indexed and
recorded by the clerk of the circuit court in each county where the
orders are effective. A set of the recorded copies shallmust be
readily available for inspection as a public record, and copies shall
be provided to any requesting party foron payment of the cost of
duplication. The chief judge shallmust, on an annual basis, direct a
review of all local administrative orders on an annual basis to
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ensure that the set of copies maintained by the clerk remains
current and does not conflict with supreme court or local rules.
(4) All local court rules entered pursuant tounder this
section shallmust be numbered sequentially for each respective
judicial circuit.
(f) Duty to Rule within a Reasonable TimeTimely
Rulings.
(1) Judge’s Duty. Every judge has a duty to rule upon
and announceenter within a reasonable time an order or judgment
on every matter submitted to that judge within a reasonable time.
Each judge shallmust maintain a log of casesmatters under
advisement and inform the chief judge of the circuit at the end of
each calendar month of each casematter that has been held under
advisement for more than 60 days.
(2) Notice of Pending Matter. A party may file with the
clerk a notice using form 2.604 that a matter has been held under
advisement or is ready for disposition and remains pending without
judicial action for more than 60 days. The party must serve a copy
of the notice on the presiding judge.
(g) Duty to Expedite Priority Cases. Every judge has a
duty to expedite priority cases to the extent reasonably possible.
Priority cases are those cases that have been assigned a priority
status or assigned an expedited disposition schedule by statute,
rule of procedure, case law, or otherwise. Particular attention
shallmust be given to all juvenile dependency and termination of
parental rights cases, cases involving families and children in need
of services, challenges involving elections and proposed
constitutional amendments, and capital postconviction cases. As
part of an effort to make capital postconviction cases a priority,
theThe chief judge shall havehas the discretion to create a
postconviction division to handle capital postconviction, as well as
non-capital postconviction cases, and may assign one1 or more
judges to that division.
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(h) Neglect of Duty. The failure of any judge, clerk,
prosecutor, public defender, attorney, court reporter, or other
officer of the court to comply with an order or directive of the chief
judge shall beis considered neglect of duty and shallmust be
reported by the chief judge to the chief justice of the supreme court.
The chief justice may report the neglect of duty by a judge to the
Judicial Qualifications Commission, and neglect of duty by other
officials to the governor of Florida or other appropriate person or
body.
(i) Status Conference after Compilation of Record in
Death Case. In any proceeding in which a defendant has been
sentenced to death, the circuit judge assigned to the case shallmust
take such action as may be necessary to ensure that a complete
record on appeal has been properly prepared. To that end, theThe
judge shallmust convene a status conference with all counsel of
record as soon as possible after the record has been prepared
pursuant tounder rule of appellate procedure 9.200(d) but before
the record has been transmitted. The purpose of the status
conference shall beis to ensure that the record is complete.
Committee Notes
[No Change]
Court Commentary
[No Change]
Criminal Court Steering Committee Note
[No Change]
RULE 2.250. TIME STANDARDS FOR TRIAL AND APPELLATE
COURTS AND REPORTING REQUIREMENTS
(a) Time Standards. The following time standards are
hereby established as a presumptively reasonable time period for
the completion of cases in the trial and appellate courts of this
state. Periods during which a case is on inactive status are
excluded from the calculation of the time periods set forth below. It
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is recognized that there are cases that, because of their complexity,
present problems that cause reasonable delays. However, most
cases should be completed within the following time periods:
(1) Trial Court Time Standards.
(A) Criminal.
i. Felony — 180 days (arrest to final
disposition)
ii. Misdemeanor — 90 days (arrest to final
disposition)
(B) Civil.
i. Complex cases under the Florida Rules of
Civil Procedure — 30 months (from date of service of initial process
on the last defendant or 120 days after commencement of the
action as provided in Florida Rule of Civil Procedure 1.050,
whichever occurs first, to final disposition)
ii. JuryOther jury cases — 18 months
(filingfrom date of service of initial process on the last defendant or
120 days after commencement of the action as provided in rule
1.050, whichever occurs first, to final disposition)
iii. Non-juryOther nonjury cases — 12
months (filingfrom date of service of initial process on the last
defendant or 120 days after commencement of the action as
provided in rule 1.050, whichever occurs first, to final disposition)
iv. Small claims cases — 95 days (filingfrom
commencement of the action as provided in Florida Small Claims
Rule of Procedure 7.050 to final disposition, unless 1 or more rules
of civil procedure are invoked that eliminate the deadline for trial
under rule 7.090(d), in which event the “complex,” “other jury,” or
“other nonjury” deadline will apply, as appropriate to the case)
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(C) Domestic Relations.
i. Uncontested — 90 days (filing to final
disposition)
ii. Contested — 180 days (filing to final
disposition)
(D) Probate.
i. Uncontested, no federal estate tax return
— 12 months (from issuance of letters of administration to final
discharge)
ii. Uncontested, with federal estate tax
return — 12 months (from the return’s due date to final discharge)
iii. Contested — 24 months (from filing to
final discharge)
(E) Juvenile Delinquency.
i. Disposition hearing — 120 days (filing of
petition or child being taken into custody to hearing)
ii. Disposition hearing (child detained) — 36
days (date of detention to hearing)
(F) Juvenile Dependency.
i. Disposition hearing (child sheltered) — 88
days (shelter hearing to disposition)
ii. Disposition hearing (child not sheltered)
— 120 days (filing of petition for dependency to hearing)
(G) Permanency Proceedings. Permanency hearing
— 12 months (date child is sheltered to hearing)
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(2) Supreme Court and District Courts of Appeal Time
Standards:. Rendering a decision — within 180 days of either oral
argument or the submission of the case to the court panel for a
decision without oral argument, except in juvenile dependency or
termination of parental rights cases, in which a decision should be
rendered within 60 days of either oral argument or submission of
the case to the court panel for a decision without oral argument.
(3) Florida Bar Referee Time Standards:. Report of
referee — within 180 days of being assigned to hear the case
(4) Circuit Court Acting as Appellate Court:. Ninety days
from submission of the case to the judge for review
(b) Reporting of Cases.
(1) Quarterly Reports. The time standards require that
the following monitoring procedures be implemented:
All pending cases in circuit and district courts of appeal
exceeding the time standards shallmust be listed separately on a
report submitted quarterly to the chief justice. The report shallmust
include for each case listed the case number, type of case, case
status (active or inactive for civil cases and contested or
uncontested for domestic relations and probate cases), the date of
arrest in criminal cases, and the original filing date in civil cases.
The Office of the State Courts Administrator will provide the
necessary forms for submission of this data. The report will beis
due on the 15th day of the month following the last day of the
quarter.
(2) Annual Report of Pending Civil Cases.
(A) By the last business day of July of every year,
the chief judge of each circuit must serve on the chief justice and
the state courts administrator a report of the status of the docket of
the general civil division of that circuit, including both circuit and
county courts, for the preceding fiscal year. The Office of the State
Courts Administrator must provide the necessary forms for
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submission of this data. The report must, at a minimum, include
the following:
(i) a list of all civil cases, except cases on
inactive status, by case number and style, grouped by county, court
level (circuit or county), division, and assigned judge, pending in
that circuit 3 years or more from the filing of the complaint or other
case-initiation filing as of the last day of the fiscal year;
(ii) a reference as to whether each such case
appeared on the previous fiscal year’s report and, if so, whether the
same or a different judge was responsible for the case as of the
previous fiscal year’s report; and
(iii) a reference as to whether an active case
management order is in effect in the case.
(B) Cases that must remain confidential by
statute, court rule, or court order must be included in the report,
anonymized by an appropriate designation. The Office of the State
Court Administrator must devise a designation system for such
cases that enables the chief judge and the recipients of the report to
identify cases that appear on a second or subsequent annual
report.
RULE 2.546. ACTIVE AND INACTIVE CASE STATUS
(a) Required Stay.
(1) Notice of Inactive Status. A party must promptly file
a notice to place a case on inactive status when the party knows a
case pending in a trial court is required to be stayed, including
when a court has imposed a stay or when a stay is imposed by
operation of bankruptcy law. The case is treated as inactive on filing
the notice unless the court orders otherwise.
(2) Notice of Active Status. A party must promptly file a
notice to remove a case’s inactive status after learning of an event
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that makes inactive status unnecessary. The case is treated as
active on filing the notice unless the court orders otherwise.
(b) Requested Stay.
(1) Motion to Place on Inactive Status. A party may move
to place a case on inactive status for bona fide reasons. Unless the
parties stipulate that a pending appellate ruling in an entirely
separate case is dispositive of a material issue in the case, the case
will not be placed on inactive status absent extraordinary
circumstances.
(2) Motion to Place on Active Status. A party must
promptly move to restore a case to active status when
circumstances make inactive status unnecessary.
(3) Service; Order on Change of Status. The filer must
serve a copy of the motion and a proposed order on the presiding
trial judge at the time the motion is filed. The court must promptly
issue an order granting or denying the motion. An order granting
the motion to change the case status must contain the reason for
the change in case status. On issuance of an order changing the
case status, the clerk must promptly adjust the status in the
docket.
(c) Deadlines Tolled. All deadlines in a case management
order issued under rule 1.200 or rule 1.201 will be tolled from the
date a case is placed on inactive status until the date the case is
restored to active status.
RULE 2.550. CALENDAR CONFLICTS
(a) Guidelines. In resolving calendar conflicts between the
state courts of Florida or between a state court and a federal court
in Florida, the following guidelines must be considered:
(1) Any case priority status established by statute, rule
of procedure, case law, or otherwise shallmust be evaluated to
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determine the effect that resolving a calendar conflict might have on
the priority case or cases.
(2)-(6) [No Change]
(b) [No Change]
(c) Notice and Agreement; Resolution by Judges. When
an attorney is scheduled to appear in 2 courts at the same time and
cannot arrange for other counsel to represent the clients’ interests,
the attorney shallmust give prompt written notice of the conflict to
opposing counsel or self-represented party, the clerk of each court,
and the presiding judge of each case, if known. If the presiding
judge of the case cannot be identified, written notice of the conflict
shallmust be given to the chief judge of the court having jurisdiction
over the case, or to the chief judge’s designee. The judges or their
designees shallmust confer and undertake to avoidresolve the
conflict by agreement among themselves. Absent agreement,
conflicts should be promptly resolved by the judges or their
designees in accordance with the above case guidelines.
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FORM 2.604. NOTICE OF PENDING MATTER
(CAPTION)
NOTICE OF PENDING MATTER
…..(NAME)….. gives notice under Fla. R. Gen. Prac. & Jud.
Admin. 2.215 that judicial action in the above captioned case
remains pending on .….(NAME OF MOTION)…... filed on .….(DATE
MOTION FILED)…... .….(ADD DOCUMENT IDENTIFICATION
NUMBER HERE IF AVAILABLE)…..
CERTIFICATE OF SERVICE
I certify that on .….(DATE)….. this document has been
furnished to (here insert name(s) and service addresses) by (here
insert method of service such as e-portal, e-mail, delivery, or mail).
_______________________
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
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FORM 2.605. NOTICE OF INACTIVE STATUS
(CAPTION)
NOTICE OF INACTIVE STATUS
. . . . .(NAME). . . . . gives notice under Fla. R. Gen. Prac. &
Jud. Admin. 2.546 that the above captioned case is required to be
placed on inactive status because:
☐ A party in this action has filed for bankruptcy relief in
…..(CASE NUMBER)….. requiring an automatic stay under the
Bankruptcy Code.
☐ The …..(NAME OF APPLICABLE COURT)….. has entered
an order, …..(NAME OF ORDER)….., in case number(s) …..(CASE
NUMBER(S))….. dated …..(DATE)….. , requiring a stay in the above
captioned case.
CERTIFICATE OF SERVICE
I certify that on .….(DATE)….. this document has been
furnished to (here insert name(s) and service addresses) by (here
insert method of service such as e-portal, e-mail, delivery, or mail).
_______________________
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
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FORM 2.606. NOTICE OF ACTIVE STATUS
(CAPTION)
NOTICE OF ACTIVE STATUS
…..(NAME)….. gives notice under Fla. R. Gen. Prac. & Jud.
Admin. 2.546 that the above captioned case is required to be placed
on active status because:
☐ The bankruptcy proceeding in …..(CASE NUMBER)…..
has been dismissed.
☐ A Discharge of Bankruptcy in …..(CASE NUMBER)…..
has been filed.
☐ An Order of Relief from Stay in the bankruptcy
proceedings in …..(CASE NUMBER)….. has been entered.
☐ The …..(NAME OF APPLICABLE COURT)….. has entered
an order lifting the stay in the above captioned case.
CERTIFICATE OF SERVICE
I certify that on .….(DATE)….. this document has been
furnished to (here insert name(s) and service addresses) by (here
insert method of service such as e-portal, e-mail, delivery, or mail).
_______________________
.....(signature).....
…..(printed name)…..
.....(e-mail address).....
…..(address)…..
…..(phone number)…..
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Reference
- Status
- Published