Florida Rules of Civil Procedure – Part 12
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.
Procedural rules govern only the process through which substantive interests are maintained or redressed. Florida adopted the Rules of Civil Procedure in 1967 and they have been revised many times since then. The Rules were most recently amended in June 2022.
Florida’s 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.
Rule 1.010 to Rule 1.090 deal with general matters related to litigation. Rule 1.100 to Rule 1.130 deal with requirements related to pleadings and motions. Rule 1.140 to Rule 1.190 deal with requirements related to defenses, counterclaims, crossclaims, and third party practice.
Rule 1.100 to Rule 1.270 deal with requirements related to pre-trial matters and parties. Rule 1.280 to Rule 1.410 deal with the procedures related to discovery. Rule 1.420 to Rule 1.481 deal with the procedures related to trials.
Rule 1.490 to Rule 1.491 deals with the procedures related to magistrates. Rule 1.500 deals with the procedures related to defaults and default judgments. Rule 1.510 deals with the procedures related summary judgment.
Rule 1.525 to Rule 1.540 deal with the procedures related to post-trial motions. Rules 1.550 to Rule 1.600 deal with the procedures related the enforcement of judgments. Rule 1.700 to Rule 1.830 deal with the procedures related to mediation and arbitration.
Enforcement of Judgments
As noted, Rules 1.550 to Rule 1.600, the focus of this article, deals with the procedures related the enforcement of judgments.
Rule 1.550 – Executions and Final Process
Issuance
“Executions on judgments shall issue during the life of the judgment on the oral request of the party entitled to it or that party’s attorney without praecipe. No execution or other final process shall issue until the judgment on which it is based has been recorded nor within the time for serving a motion for new trial or rehearing, and if a motion for new trial or rehearing is timely served, until it is determined; provided execution or other final process may be issued on special order of the court at any time after judgment.” Fla. R. Civ. P. 1.550(a).
Stay
“The court before which an execution or other process based on a final judgment is returnable may stay such execution or other process and suspend proceedings thereon for good cause on motion and notice to all adverse parties.” Fla. R. Civ. P. 1.550(b).
Rule 1.560 – Discovery in Aid of Execution
In General
“In aid of a judgment, decree, or execution the judgment creditor or the successor in interest, when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.” Fla. R. Civ. P. 1.560(a).
Fact Information Sheet
“In addition to any other discovery available to a judgment creditor under this rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977, including all required attachments, within 45 days of the order or such other reasonable time as determined by the court. Failure to obey the order may be considered contempt of court.” Fla. R. Civ. P. 1.560(b).
Final Judgment Enforcement Paragraph
In any final judgment, the judge shall include a specific enforcement paragraph if requested by the prevailing party or attorney. Fla. R. Civ. P. 1.560(c). The enforcement paragraph is: “It is further ordered and adjudged that the judgment debtor(s) shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor’s attorney, or the judgment creditor if the judgment creditor is not represented by an attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied or post-judgment discovery is stayed. Jurisdiction of this case is retained to enter further orders that are proper to compel the judgment debtor(s) to complete form 1.977, including all required attachments, and serve it on the judgment creditor’s attorney, or the judgment creditor if the judgment creditor is not represented by an attorney.” Fla. R. Civ. P. 1.560(c).
Information Regarding Assets of Judgment Debtor’s Spouse
“In any final judgment, if requested by the judgment creditor, the court shall include the additional Spouse Related Portion of the fact information sheet upon a showing that a proper predicate exists for discovery of separate income and assets of the judgment debtor’s spouse.” Fla. R. Civ. P. 1.560(d).
Rule 1.570 – Enforcement of Final Judgments
Money Judgments
“Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings.” Fla. R. Civ. P. 1.570(a).
Property Recovery
“Final process to enforce a judgment for the recovery of property shall be by a writ of possession for real property and by a writ of replevin, distress writ, writ of garnishment, or other appropriate process or proceedings for other property.” Fla. R. Civ. P. 1.570(b).
Performance of an Act
“If judgment is for the performance of a specific act or contract: (1) the judgment shall specify the time within which the act shall be performed. If the act is not performed within the time specified, the party seeking enforcement of the judgment shall make an affidavit that the judgment has not been complied with within the prescribed time and the clerk shall issue a writ of attachment against the delinquent party. The delinquent party shall not be released from the writ of attachment until that party has complied with the judgment and paid all costs accruing because of the failure to perform the act. If the delinquent party cannot be found, the party seeking enforcement of the judgment shall file an affidavit to this effect and the court shall issue a writ of sequestration against the delinquent party’s property. The writ of sequestration shall not be dissolved until the delinquent party complies with the judgment; (2) the court may hold the disobedient party in contempt; or (3) the court may appoint some person, not a party to the action, to perform the act insofar as practicable. The performance of the act by the person appointed shall have the same effect as if performed by the party against whom the judgment was entered.” Fla. R. Civ. P. 1.570(c)(1)–(3).
Vesting Title
“If the judgment is for a conveyance, transfer, release, or acquittance of real or personal property, the judgment shall have the effect of a duly executed conveyance, transfer, release or acquittance that is recorded in the county where the judgment is recorded. A judgment under this subdivision shall be effective notwithstanding any disability of a party.” Fla. R. Civ. P. 1.570(d).
Proceedings Supplementary
“Proceedings supplementary to execution and related discovery shall proceed as provided by chapter 56, Florida Statutes. Notices to Appear, as defined by law, and supplemental complaints in proceedings supplementary must be served as provided by the law and rules of procedure for service of process.” Fla. R. Civ. P. 1.570(e).
Rule 1.580 – Writ of Possession
Issuance
“When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.” Fla. R. Civ. P. 1.580(a).
Third-Party Claims
“If a person other than the party against whom the writ of possession is issued is in possession of the property, that person may retain possession of the property by filing with the sheriff an affidavit that the person is entitled to possession of the property, specifying the nature of the claim.” Fla. R. Civ. P. 1.580(b).
“Thereupon the sheriff shall desist from enforcing the writ and shall serve a copy of the affidavit on the party causing issuance of the writ of possession. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The court shall determine the right of possession in the property and shall order the sheriff to continue to execute the writ or shall stay execution of the writ, if appropriate.” Fla. R. Civ. P. 1.580(b).
Rule 1.590 – Process in Behalf of and Against Persons Not Parties
“Every person who is not a party to the action who has obtained an order, or in whose favor an order has been made, may enforce obedience to such order by the same process as if that person were a party, and every person, not a party, against whom obedience to any order may be enforced shall be liable to the same process for enforcing obedience to such orders as if that person were a party.” Fla. R. Civ. P. 1.590.
Rule 1.600 – Deposits in Court
“In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party may deposit all or any part of such sum or thing with the court upon notice to every other party and by leave of court. Money paid into court under this rule shall be deposited and withdrawn by order of court.” Fla. R. Civ. P. 1.600.
Rule 1.610 – Injunctions
Temporary Injunction
“A temporary injunction may be granted without written or oral notice to the adverse party only if: (A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant’s attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.” Fla. R. Civ. P. 1.610(a)(1).
“No evidence other than the affidavit or verified pleading shall be used to support the application for a temporary injunction unless the adverse party appears at the hearing or has received reasonable notice of the hearing.” Fla. R. Civ. P. 1.610(a)(2).
“Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk’s office and shall define the injury, state findings by the court why the injury may be irreparable, and give the reasons why the order was granted without notice if notice was not given. The temporary injunction shall remain in effect until the further order of the court.” Fla. R. Civ. P. 1.610(a)(2).
Bond
“No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined. Unless otherwise specified by the court, the bond shall be posted within 5 days of entry of the order setting the bond.” Fla. R. Civ. P. 1.610(b).
“When any injunction is issued on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof, the court may require or dispense with a bond, with or without surety, and conditioned in the same manner, having due regard for the public interest. No bond shall be required for issuance of a temporary injunction issued solely to prevent physical injury or abuse of a natural person.” Fla. R. Civ. P. 1.610(b).
Form and Scope
“Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document, and shall be binding on the parties to the action, their officers, agents, servants, employees, and attorneys and on those persons in active concert or participation with them who receive actual notice of the injunction.” Fla. R. Civ. P. 1.610(c).
Motion to Dissolve
“A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion.” Fla. R. Civ. P. 1.610(d).
Rule 1.630 – Extraordinary Remedies
Applicability
Rule 1.630 “applies to actions for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus.” Fla. R. Civ. P. 1.630(a).
Initial Pleading
“The initial pleading must be a complaint. It must contain: (1) the facts on which the plaintiff relies for relief; (2) a request for the relief sought; and (3) if desired, argument in support of the complaint with citations of authority.” Fla. R. Civ. P. 1.630(b)(1)–(3).
“The caption must show the action filed in the name of the plaintiff in all cases and not on the relation of the state. When the complaint seeks a writ directed to a lower court or to a governmental or administrative agency, a copy of as much of the record as is necessary to support the plaintiff’s complaint must be attached.” Fla. R. Civ. P. 1.630(b).
Time
“A complaint must be filed within the time provided by law.” Fla. R. Civ. P. 1.630(c).
Process
“If the complaint shows a prima facie case for relief, the court must issue: (1) an order nisi in prohibition; (2) an alternative writ in mandamus that may incorporate the complaint by reference only; (3) a writ of quo warranto; or (4) a writ of habeas corpus.” Fla. R. Civ. P. 1.630(d)(1)–(4). “The writ must be served in the manner prescribed by law.” Fla. R. Civ. P. 1.630(d).
Response
“Defendant must respond to the writ as provided in rule 1.140, but the answer in quo warranto must show better title to the office when the writ seeks an adjudication of the right to an office held by the defendant.” Fla. R. Civ. P. 1.630(e).
Rule 1.650 – Medical Malpractice Presuit Screening Rule
Rule 1.650 addresses special rules and requirements that apply to medical malpractice cases. Doctors and their insurance companies have strong lobbies that have succeeded in making medical malpractice actions extremely difficult in Florida. Since we do not handle medical malpractice cases, this Rule with not be discussed.