Florida Rules of Civil Procedure – Part 1
The Florida Rules of Civil Procedure are the rules that govern how civil litigation in conducted in Florida’s state courts. The purpose of civil litigation is to resolve disputes, usually concerning money, by enforcing obligations and duties between parties to the action. The term “civil” is used in contrast to “criminal” actions, which have their own rules of procedure.
Substantive law defines the rights, duties, and powers of persons and other entities in their relationships outside the court. Conversely procedural rules, such as the Florida Rules of Civil Procedure, govern the decision-making process by which those substantive interests are litigated. The Florida Constitution grants the Florida Supreme Court the power to adopt rules for the practice and procedure in all courts. See Fla. Const. Art. V, § 2(a).
The Florida Rules of Civil Procedure were adopted in 1967 and they have been revised many times since then. The Rules were most recently amended, as of the date of this article, in June 2022. The Florida Rules of Civil Procedure are generally organized in the order in which a case would progress through the various stages of litigation.
This is the first in a series of articles providing a brief overview of some of the more important rules and their provisions.
General Matters and Parties
Rule 1.010 to Rule 1.090, the focus of this article, deals with general matters related to litigation, the forum in which a particular case is brought, and time limitations applicable in cases.
Rule 1.010 – Scope and Title of Rules
“These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply.” Fla. R. Civ. P. 1.010.
“These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla. R. Civ. P.” Fla. R. Civ. P. 1.010. “These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.” Fla. R. Civ. P. 1.010.
Rule 1.030 – Nonverification of Pleadings
Unless specifically required by another rule or statute, it is not necessary for pleadings or motions to be verified or accompanied by an affidavit. Fla. R. Civ. P. 1.030.
Rule 1.050 – When Action Commenced
A civil action is commenced when the initial pleading is filed. Fla. R. Civ. P. 1.050. The initial pleading not only begins the action, but also provides notice of the lawsuit and its nature to the defendant or respondent. Usually the initial pleading is called a complaint.
Rule 1.060 – Transfers of Actions
Venue refers to the particular geographic location, usually the county, where a lawsuit is brought and determined. Florida statutes establish where venue is appropriate and thus which county the case should be heard.
The general venue statute, which applies in most but not all cases, provides that an action must be brought in the county where the defendant resides, where the allegations giving rise to the cause of action occurred, or where property, which is the subject of the litigation, is located. See Fla. Stat. § 47.011.
It is often the case that venue would be proper in more than one location. For example, depending on the facts, it is possible a plaintiff could properly file their lawsuit in Broward County or Palm Beach County. In such cases, the plaintiff can choose which of the multiple venues to file in.
“When the venue might have been laid in 2 or more counties, the person bringing the action may select the county to which the action is transferred, but if no such selection is made, the matter shall be determined by the court.” Fla. R. Civ. P. 1.060(b).
However, sometimes plaintiffs file their lawsuit in the wrong location. In that event, Rule 1.060 provides courts the ability to transfer the case to the correct county. “If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in rule 1.170(j).” Fla. R. Civ. P. 1.060(a).
“When any action is filed laying venue in the wrong county, the court may transfer the action in the manner provided in [Fla. R. Civ. P.] 1.170(j) to the proper court in any county where it might have been brought in accordance with the venue statutes.” Fla. R. Civ. P. 1.060(b).
If a case is transferred to another venue, the plaintiff will incur a court fee. “The service charge of the clerk of the court to which an action is transferred under this rule shall be paid by the party who commenced the action within 30 days from the date the order of transfer is entered ….” Fla. R. Civ. P. 1.060(c). However, “[i]f the service charge is not paid within the 30 days, the action shall be dismissed without prejudice by the court that entered the order of transfer.” Fla. R. Civ. P. 1.060(c).
It should be noted that if a plaintiff does file their lawsuit in the wrong venue, the defendant must immediately raise the issue. If the defendant does not object to venue at the outset, the issue is deemed waived and the case can proceed in the otherwise wrong venue. See State Dep’t of Hwy. Safety & Motor Vehicles v. Scott, 583 So. 2d 785, 787 (Fla. 2d DCA 1991).
Rule 1.061 – Choice of Forum
Even where the plaintiff files a lawsuit in the correct venue, sometimes, defendants will argue that the cause of action may be fairly and more conveniently litigated elsewhere. This is known as forum non conveniens, which simply put means this is an inconvenient place to litigate.
In such cases, the defendant has the burden to show either that substantial inconvenience or undue expense requires a change for the convenience of the parties or witnesses. Rule 1.061 provides, an action may be dismissed on the ground that a satisfactory remedy may be more conveniently sought in a jurisdiction other than Florida upon application of a four part test.
- the trial court finds that an adequate alternate forum exists which possesses jurisdiction over the whole case, including all of the parties;
- the trial court finds that all relevant factors of private interest favor the alternate forum, weighing in the balance a strong presumption against disturbing plaintiffs’ initial forum choice;
- if the balance of private interests is at or near equipoise, the court further finds that factors of public interest tip the balance in favor of trial in the alternate forum; and
- the trial judge ensures that plaintiffs can reinstate their suit in the alternate forum without undue inconvenience or prejudice.
Fla. R. Civ. P. 1.061(a)(1)–(4).
“The decision to grant or deny the motion for dismissal [on the basis of inconvenient forum] rests in the sound discretion of the trial court, subject to review for abuse of discretion.” Fla. R. Civ. P. 1.061(a). Importantly, “[a] motion to dismiss based on forum non conveniens shall be served not later than 60 days after service of process on the moving party.” Fla. R. Civ. P. 1.061(g).
Sometimes the statute of limitations may have passed by the time the defendant seeks to dismiss on the basis of inconvenient forum. However, Rule 1.061 provides “[i]n moving for forum-non-conveniens dismissal, defendants shall be deemed to automatically stipulate that the action will be treated in the new forum as though it had been filed in that forum on the date it was filed in Florida, with service of process accepted as of that date.” Fla. R. Civ. P. 1.061(c).
Rule 1.070 – Process
Upon filing a lawsuit, the clerk of court will issue the summons, which along with the complaint must be served on the defendant. “At the time of personal service of process a copy of the initial pleading shall be delivered to the party upon whom service is made.” Fla. R. Civ. P. 1.070(e). Service of the complaint and summons triggers the defendant’s obligation to file a response to the complaint.
“When service of process is to be made under statutes authorizing service on nonresidents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service.” Fla. R. Civ. P. 1.070(h).
Rule 1.070 requires service of process be made within 120 days after filing of the initial complaint. The purpose for the rule is to ensure diligent prosecution of lawsuits once a complaint is filed. “If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party ….” Fla. R. Civ. P. 1.070(j).
“[P]rovided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period.” Fla. R. Civ. P. 1.070(j). Importantly, “[a] dismissal under this subdivision shall not be considered a voluntary dismissal or operate as an adjudication on the merits under rule 1.420(a)(1).” Fla. R. Civ. P. 1.070(j). This means, unless the statute of limitations has passed, if a case is dismissed for failure to timely serve process, the plaintiff can simply refile their lawsuit.
Rule 1.090 – Time
Rule 1.090 governs time limitations in civil actions. Quite often, parties require additional time to act then what is provided for by the rules. Rule 1.090 allows the court, in its discretion, at any time enlarge the time period for good cause shown granting the parties additional time to act.
“When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect ….” Fla. R. Civ. P. 1.090(b).
However, there are certain deadlines that the court is prohibited from extending. The court “may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict.” Fla. R. Civ. P. 1.090(b).