In Re: Amendments to Florida Family Law Rules of Procedure

Supreme Court of Florida
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No. SC2023-0434
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IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF
PROCEDURE.

September 7, 2023

PER CURIAM.

On March 21, 2023, The Florida Bar’s Family Law Rules

Committee filed a report proposing amendments to Florida Family

Law Rules of Procedure 12.070 (Process), 12.280 (General

Provisions Governing Discovery), and 12.340 (Interrogatories to

Parties). 1 The Committee approved the proposed amendments to

rule 12.070 by a vote of 17-1-2, and to rules 12.280 and 12.340 by

a vote of 10-0-4. The Florida Bar Board of Governors unanimously

recommended acceptance of the proposed rule amendments.

The Committee published its proposal for comment and

received no comments. After the proposed amendments were filed,

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
the Court published the proposal for comment; no comments were

received. Having reviewed the Committee’s proposal, we adopt the

amendments as proposed. We discuss the more significant

amendments below.

First, we amend rule 12.070(l) (Summons; Time Limit) to

include supplemental pleadings. This makes the time limit for

service in rule 12.070 applicable to supplemental pleadings.

Next, we amend rule 12.280(b) (Redaction of Personal

Information) by adding “with the clerk of court” and “This does not

apply to discovery information not filed with the clerk of court.”

This clarifies that the redaction requirement only applies to

documents filed with the clerk of court. Also, we create a new

subdivision (k) (Form of Responses to Written Discovery Requests)

to address the form of responses to written discovery requests.

Additionally, we amend rule 12.340 by adding language to

subdivision (h) (Service) to clarify the requirements for serving

answers to interrogatories.

Accordingly, the Florida Family Law Rules of Procedure are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

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struck-through type. The amendments shall take effect on October

1, 2023, at 12:01 a.m.

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 Family Law Rules of Procedure

Hon. Howard Ogle McGillin, Jr., Chair, Family Law Rules
Committee, Palatka, Florida, Michael V. Andriano, Past Chair,
Family Law Rules Committee, Lakeland, Florida, Joshua E. Doyle,
Executive Director, The Florida Bar, Tallahassee, Florida, and Kelly
N. Smith, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 12.070. PROCESS

(a) Issuance of Summons.

(1) In General. On the commencement of the action,
including proceedings to modify a final judgment,
summonsThe summons or other process authorized by law
must be issued and delivered for service immediately on the
commencement of the action, including proceedings to modify
a final judgment, by the clerk or judge under the clerk’s or the
judge’s signature and the seal of the court and delivered for
service.

(2) [No Change]

(b) Service; By Whom Made. Service of process may be made
by an officer authorized by law to serve process, but the court may
appoint any competent person not interested in the action to serve
the process. When so appointed, the person serving process must
make proof of service by affidavit promptly and in any event within
the time during which the person served must respond to the
process. Failure to make proof of service will not affect the validity
of the service. When any process is returned not executed or
returned improperly executed for any respondent, the party causing
its issuance must be entitled to such additional process against the
unserved party as is required to effect service.

(c) Service; Numerous Respondents. If there is more than 1
respondent, the clerk or judge must issue as many writs of process
against the several respondents as may be directed by the petitioner
or the petitioner’s attorney.

(d) – (h) [No Change]

(i) Fees; Service of Pleadings. The statutory compensation
for making service shall cannot be increased by the simultaneous
delivery or mailing of the copy of the initial pleading in conformity
with this rule.

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(j) – (k) [No Change]

(l) Summons; Time Limit. If service of the initial process
andon an initial or supplemental pleading is not made upon a
respondent within 120 days after filing of the initial pleading
directed to that respondent, the court, on its own initiative after
notice or on motion, must direct that service be effected within a
specified time or must dismiss the action without prejudice or drop
that respondent as a party; provided that if. If the petitioner shows
good cause or excusable neglect for the failure, the court shallmay
extend the time for service for an appropriate period. When a
motion for leave to amend with the attached proposed amended
petition is filed, the 120-day period for service of amended petitions
on the new party or parties must begins upon the entry of an order
granting leave to amend. A dismissal under this subdivision shallis
not be considered a voluntary dismissal orand does not operate as
an adjudication on the merits under rule 12.420(a)(1).

RULE 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Discovery Methods. Parties may obtain discovery by 1 or
more of the following methods: depositions upon oral examination
or written questions; written interrogatories; production of
documents or things or permission to enter on land or other
property for inspection and other purposes; physical and mental
examinations; and requests for admission. Unless the court orders
otherwise and under subdivision (d), the frequency of use of these
methods is not limited, except as provided in rules 12.200, 12.340,
and 12.370.

(b) Redaction of Personal Information. All filings of
discovery information with the clerk of court must comply with
Florida Rule of General Practice and Judicial Administration 2.425.
This does not apply to discovery information not filed with the clerk
of court. The court has the authority to impose sanctions for
violation of this rule.

(c) Scope of Discovery. Unless otherwise limited by order of
the court in accordance with these rules, the scope of discovery is
as follows:.

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(1) – (6) [No Change]

(d) – (j) [No Change]

(k) Form of Responses to Written Discovery Requests.
When responding to requests for production served under rule
12.310(b)(5), written deposition questions served under rule
12.320, interrogatories served under rule 12.340, requests for
production or inspection served under rule 12.350, requests for
production of documents or things without deposition served
under rule 12.351, requests for admissions served under rule
12.370, or requests for the production of documentary evidence
served under rule 12.410(c), the responding party must state each
deposition question, interrogatory, or discovery request in full as
numbered, followed by the answer, objection, or other response.
Requests must be arranged so that a blank space is provided after
each separately numbered request. The space must be reasonably
sufficient to enable the responding party to insert the responses
within the space. If sufficient space is not provided, the
responding party may attach additional pages with responses and
refer to them in the space provided in the requests.

RULE 12.340. INTERROGATORIES TO PARTIES

(a) – (g) [No Change]

(h) Service. Interrogatories must be arranged so that a blank
space is provided after each separately numbered interrogatory. The
space must be reasonably sufficient to enable the answering party
to insert the answer within the space. If sufficient space is not
provided, the answering party may attach additional pages with
answers and refer to them in the space provided in the
interrogatories. The interrogatoriesInterrogatories must be served
on the party to whom the interrogatories are directed and copies
must be served on all other parties. A certificate of service of the
interrogatories must be filed, giving the date of service and the
name of the party to whom they were directed. The answers to the
interrogatories must be served on the party originally propounding
the interrogatories and a copy must be served on all other parties
by the answering party. The original or any copy of the answers to

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interrogatories may be filed in compliance with Florida Rule of
General Practice and Judicial Administration 2.425 and rule
12.280(j) by any party when the court should consider the answers
to interrogatories in determining any matter pending before the
court. The court may order a copy of the answers to interrogatories
filed at any time when the court determines that examination of the
answers to interrogatories is necessary to determine any matter
pending before the court.

Commentary
[No Change]

Committee Note
[No Change]

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