In Re: Amendments to Florida Rules of Civil Procedure

Supreme Court of Florida
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No. SC2024-0774
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IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL
PROCEDURE.

February 6, 2025

PER CURIAM.

The Florida Bar’s Civil Procedure Rules Committee filed a

report proposing amendments to Florida Rules of Civil Procedure

1.070 (Process), 1.410 (Subpoena), 1.550 (Executions and Final

Process), 1.560 (Discovery in Aid of Execution), and 1.730

(Completion of Mediation).1 The Committee and The Florida

Bar’s Board of Governors approved the proposed amendments.

The Court published the proposal, and two comments were

received. The Committee filed a response to the comments but

did not propose additional amendments.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
We adopt the amendments as proposed. The more

significant amendments are discussed below.

We amend rules 1.070, 1.410, and 1.550 to remove the

word praecipe and other overly formal technical legal

terminology. Additionally, we amend rule 1.730 to delete the

requirement that counsel for each party must sign a court-

ordered mediation agreement, as this is not required by the

mediation statute (§ 44.404, Florida Statutes), and to allow a

party’s representative having full authority to settle under rule

1.720(c) (Mediation Procedures; Party Representative Having Full

Authority to Settle) to sign in place of the party.

The Court hereby amends the Florida Rules of Civil

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments to the rules shall

become effective April 1, 2025, 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.

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Original Proceeding – Florida Rules of Civil Procedure

Cosme Caballero, Chair, Civil Procedure Rules Committee,
Miami, Florida, Judson Lee Cohen, Past Chair, Civil
Procedure Rules Committee, Miami Lakes, Florida, Joshua
E. Doyle, Executive Director, The Florida Bar, Tallahassee,
Florida, and Heather Savage Telfer, Bar Liaison, The Florida
Bar, Tallahassee, Florida,

for Petitioner

Joshua E. Burnett and Mackenzie F. Rocha of Burnett Law,
P.A., Tampa, Florida; and Ana Cristina Maldonado, Chair,
Alternative Dispute Resolution Section of The Florida Bar on
behalf of the Executive Council, Davie, Florida,

Responding with comments

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APPENDIX

RULE 1.070. PROCESS

(a) Summons; Issuance. On the commencement of the
action, summons or other process authorized by law must be
promptly issued forthwith by the clerk or judge under the clerk’s or
the judge’s signature and the seal of the court and delivered for
service without praecipe.

(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, tThe 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 defendant, the party
causing its issuance must be entitled to suchis entitled to any
additional process against the unserved party as is required to
effect service.

(c) Service; Numerous Defendants. If there is more than 1
defendant is named, the clerk or judge must issue as many writs of
process against the several defendants as may be directed by the
plaintiff or the plaintiff’s attorney.

(d) [No Change]

(e) Copies of Initial Pleading for Persons Served. At the
time of personal service of process, a copy of the initial pleading
must be delivered to the party on whom service is made. The date
and hour of service must be endorsed on the original process and
all copies of it by the person making the service. The party seeking
to effect personal service must furnishprovide the person making
service with the necessary copies. When the service is made by
publication, copies of the initial pleadings must be
furnishedprovided to the clerk and mailed by the clerk with the

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notice of action to all parties whose addresses are stated in the
initial pleading or sworn statement.

(f) – (h) [No Change]

(i) Service of Process by Mail. A defendant may accept
service of process by mail.

(1) Acceptance ofAccepting service of a complaint by
mail does not thereby waive any objection to the venue or to the
jurisdiction of the court over the person of the defendant.

(2) A plaintiff may notify any defendant of the
commencement of the action and request that the defendant waive
service of a summons. The notice and request must:

(A) – (B) [No Change]

(C) be accompanied by a copy of the complaint
and must identify the court in which it has been filed;

(D) – (F) [No Change]

(G) provide the defendant with an extra copy of the
notice and request, including the waiver, as well asand a prepaid
means of compliance in writing.

(3) If a defendant fails to comply with a request for
waiver within the time provided herein, the court must impose the
costs subsequently incurred in effecting service on the defendant
unless good cause for the failure is shown.

(4) A defendant who, before being served with process,
timely returns a waiver so requested is not required to respond to
the complaint until 60 days after the date the defendant received
the request for waiver of service. For purposes of computing any
time prescribed or allowed by these rules, service of process will be
deemed effected 20 days before the time required to respond to the
complaint.

(5) [No Change]

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(j) [No Change]

Committee Notes
[No Change]

RULE 1.410. SUBPOENA

(a) [No Change]

(b) Subpoena for Testimony before the Court.

(1) [No Change]

(2) On oral request of an attorney or party and without
praecipe, the clerk must issue a subpoena for testimony before the
court or a subpoena for the production of documentary evidence
before the court signed and sealed but otherwise in blank, both as
to the title of the action and the name of the person to whom it is
directed, and the subpoena must be filled in before service by the
attorney or party.

(c) For Production of Documentary Evidence. A subpoena
may also command the person to whom it is directed to produce the
books, documents (including electronically stored information), or
designated tangible things designated therein, but the court, upon
motion made promptly and in any event at or before the time
specified in the subpoena for compliance therewith, may:

(1) quash or modify the subpoena if it is unreasonable
and oppressive, or

(2) condition denial of the motion on the advancement
by the person in whose behalf the subpoena is issued of the
reasonable cost of producing the books, documents, or tangible
things.

If a subpoena does not specify a form for producing electronically
stored information, the person responding must produce it in a

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form or forms in which it is ordinarily maintained or in a reasonably
usable form or forms. A person responding to a subpoena may
object to discovery of electronically stored information from sources
that the person identifies as not reasonably accessible because of
undue costs or burden. On motion to compel discovery or to quash,
the person from whom discovery is sought must show that the
information sought or the form requested is not reasonably
accessible because of undue costs or burden. If that showing is
made, the court may nonetheless order discovery from suchthe
sources or in suchthe forms requested if the requesting party shows
good cause, considering the limitations set out in rule 1.280(e)(2).
The court may specify conditions of the discovery, including
ordering that some or all of the expenses of the discovery be paid by
the party seeking the discovery. A party seeking a production of
evidence at trial whichthat would be subject to a subpoena may
compel such production by serving a notice to produce suchthe
evidence on an adverse party as provided in Florida Rule of General
Practice and Judicial Administration 2.516. SuchThe notice shall
haves the same effect and beis subject to the same limitations as a
subpoena served on the party.

(d) Service. A subpoena may be served by any person
authorized by law to serve process or by any other person who is
not a party and who is not less than 18 years of age. Service of a
subpoena on a person named within must be made as provided by
law. The Pproof of such service must be made by affidavit of the
person making service except as applicable under rule 1.351(c) for
the production of documents and things by a nonparty without
deposition, if not served by an officer authorized by law to do so.

(e) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in
rule 1.310(b) or 1.320(a) with a certificate of service on it showing
service on all parties to the action constitutes an authorization for
the issuance of subpoenas for the persons named or described in
the notice by the clerk of the court in which the action is pending or
by an attorney of record in the actionauthorizes the clerk or any
attorney of record to issue subpoenas to persons named in the

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notice. The subpoena must state the method for recording the
testimony. A party intending to audiovisually record a deposition
must state in the subpoena that the deposition is to be
audiovisually recorded and identify the method for audiovisually
recording the deposition, including, if applicable, the name and
address of the operator of the audiovisual recording equipment. If a
party intends to take a deposition by communication technology,
the subpoena must state the deposition is to be taken using
communication technology, identify the specific form of
communication technology to be used, and provide instructions for
access to the communication technology. The subpoena may
command the person to whom it is directed to produce designated
books, documents, or tangible things that constitute or contain
evidence relating to any of the matters within the scope of the
examination permitted by rule 1.280(b)(c), but in that event the
subpoena will be subject to the provisions of rule 1.280(d) and
subdivision (c) of this rule. Within 10 days after its service, or on or
before the time specified in the subpoena for compliance if the time
is less than 10 days after service, the person to whom the subpoena
is directed may serve a written objection to inspectiong or copying
of any of the designated materials. If objection is made, the party
serving the subpoena shallwill not be entitled to inspect and copy
the materials except pursuant tounder an order of the court from
which the subpoena was issued. If objection has been made, the
party serving the subpoena may move for an order at any time
before or during the taking of the deposition on notice to the
deponent.

(2) A person may be required to attend an examination
only in the county wherein the person resides or is employed or
transacts business in person or at such another convenient place
as may be fixed by an order of court.

(f) Contempt. Failure by any person without adequate
excuse to obey a subpoena served on that person may be deemed
ain contempt of the court from which the subpoena issued.

(g) Depositions before Commissioners Appointed in this
State by Courts of Other States; Subpoena Powers; etc. When

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any person authorized by the laws of Florida to administer oaths is
appointed by a court of record of any other state, jurisdiction, or
government as commissioner to take the testimony of any named
witness within this state, that witness may be compelled to attend
and testify before that commissioner by witness subpoena issued by
the clerk of any circuit court at the instance of that commissioner
or by other process or proceedings in the same manner as if that
commissioner had been appointed by a court of this state; provided
that no document shallwill be compulsorily annexed as an exhibit
to suchthe deposition or otherwise permanently removed from the
possession of the witness producing it, but in lieu thereofits place, a
photostatic copy may be annexed to and transmitted with suchthe
executed commission to the court of issuance.

(h) [No Change]

Committee Notes
[No Change]

RULE 1.550. EXECUTIONS AND FINAL PROCESS

(a) Issuance. Executions on judgments shallmust 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 shallwill issue until the judgment on which it
is based has been recorded nor withinand the time for serving a
motion for new trial or rehearing, has run. and ifIf a motion for new
trial or rehearing is timely served, no execution or other final
process will issue until it is determined; provided e. Execution or
other final process may be issued on special order of the court at
any time after judgment.

(b) Stay. The court before which an execution or other
process based on a final judgment is returnable may stay suchthe
execution or other process and suspend the proceedings thereon for
good cause on motion and notice to all adverse parties.

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RULE 1.560. DISCOVERY IN AID OF EXECUTION

(a) [No Change]

(b) 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, shallmust 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.

(c) Final Judgment Enforcement Paragraph. In any final
judgment, the judge shallmust include the following enforcement
paragraph if requested by the prevailing party or attorney:

“It is further ordered and adjudged that the judgment
debtor(s) shallmust 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.”

(d) Information Regarding Assets of Judgment Debtor’s
Spouse. In any final judgment, if requested by the judgment
creditor, the court shallmust 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.

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Committee Notes
[No Change]

RULE 1.730. COMPLETION OF MEDIATION

(a) No Agreement. If the parties do not reach an agreement
as to any matter as a result of mediation, the mediator shallmust
report the lack of an agreement to the court without comment or
recommendation. With the consent of the parties, the mediator’s
report may also identify any pending motions or outstanding legal
issues, discovery process, or other action by any party which, if
resolved or completed, would facilitate the possibility of a
settlement.

(b) Agreement. If a partial or final agreement is reached, it
must be reduced to writing and signed by theeach partiesy and
their counsel, if anyor the party’s representative having full
authority to settle under rule 1.720(c). Signatures may be original,
or electronic, or facsimile and may be in counterparts. The
agreement must be filed when required by law or with the parties’
consent. A report of the agreement must be submitted to the court
or a stipulation of dismissal will be filed. By stipulation of the
parties, the agreement may be transcribed or electronically
recorded. In such event, the transcript may be filed with the court.
The mediator must report the existence of the signed or transcribed
agreement to the court without comment within 10 days thereof. No
partial or final agreement under this rule may be reported to the
court except as provided hereinin this rule.

(c) Enforceability. The parties may not object to the
enforceability of an agreement on the ground that communication
technology was used for participation in the mediation conference if
suchthe use was authorized under rule 1.700(a).

(d) Imposition of Sanctions. In the event of any breach or
failure to perform under the agreement, the court upon motion may
impose sanctions, including costs, attorneys’ fees, or other

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appropriate remedies including entry of judgment on the
agreement.

Committee Notes
[No Change]

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