TrialFocus is back to blogging in time for big changes coming to Florida civil practice effective January 1, 2025. The Florida Supreme Court has issued these rule changes:
- Florida Supreme Court Opinion_SC2023-0962.pdf
- Florida Supreme Court Opinion_SC2024-0662.pdf
- Florida Supreme Court Opinion_SC2022-1719.pdf
Other commentators have unpacked these changes, for example in Jimerson Birr’s post, Proposed Amendments to the Florida Rules of Civil Procedure: A Brief Guide to Possible Changes in 2025.
We think these rule revisions are the game changers:
- Trial courts are now required to dictate the case schedule and trial setting from the outset. The bulk of civil cases (categorized as “general”) will be tried within 12 months (non-jury) or 18 months (jury). Trial continuances are disfavored and should be rarely be granted. Moving other case deadlines is acceptable only if it doesn’t impact downstream deadlines. Trials will be set even if the pleadings are not at issue.
- Discovery practice has been federalized. Parties are now required to provide initial disclosures before the commencement of discovery. There is a duty to timely supplement discovery responses. Disproportionality of a discovery request per the needs of a case is grounds for an objection.
- Defendants must now lay out the factual basis for any affirmative defense.
The rule changes signal that a judicial hands-on and more labor-intensive trial practice is coming. Trial practice is itself a specialty. U.K. commonwealth countries make the distinction between barristers (trial specialists) and solicitors. A class of barrister-like trial attorneys will be those who dominate the courtroom in the future.
TrialFocus is dedicated to helping trial attorneys leverage these changes by unpacking the strengths and weaknesses of their cases and prepare for trial. We are excited to share several upcoming initiatives including:
- The launch of a new video podcast series featuring great trial lawyers.
- The launch of a CLE accredited evidence course entitled “Simplifying Evidence” by mid-Summer. You can download a free eBook by the same title.
- In addition to offering focus group and mock trial exercises we are now offering mock judging simulations to help prepare for trial court hearings and appellate oral arguments. These sessions are conducted using retired trial judges.
Our intent is to help a new generation of trial lawyers adapt to the coming changes in trial practice and to prosper, not flounder.
