In Re: Amendments to Florida Rules of Civil Procedure 1.440 and 1.500

Supreme Court of Florida
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No. SC2022-0575
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IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL
PROCEDURE 1.440 AND 1.500.

November 13, 2025

PER CURIAM.

The Florida Bar’s Civil Procedure Rules Committee has filed a

report proposing amendments to Florida Rules of Civil Procedure

1.440 (Setting Action for Trial) and 1.500 (Defaults and Final

Judgments Thereon). 1 The Board of Governors of The Florida Bar

unanimously recommends acceptance of the proposed rules. The

Committee published the proposal for comment, but no comments

were received. Thereafter, the Court published the proposal for

comment, and one comment was received. Having considered the

proposed amendments, the comment filed, and the Committee’s

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
response, the Court amends rules 1.440 and 1.500 as proposed by

the Committee with minor modification. 2

First, we amend rule 1.440 to harmonize the language of

former subdivision (c) with rule 1.500. These amendments, which

define a defaulted party’s right to receive notice of a trial, are now

incorporated into subdivision (d) (Service on Defaulted Parties). See

In re Amends. to Fla. Rules of Civ. Proc., 386 So. 3d 497 (Fla. 2024)

(moving part of former subdivision (c) to new subdivision (d)).

Next, we make several changes to rule 1.500. We amend

subdivision (a) (By the Clerk) to clarify that a party seeking relief

must make a motion for default and serve it on the party to be

defaulted before a default can be entered by the clerk. We amend

subdivision (b) (By the Court) to clarify that until a clerk or judicial

officer enters a default, the party’s status in the case has not

changed and the party still has a right to notice and to receive

service of all filings. Also, we change the title of subdivision (c) to

2. In light of these amendments, the commenter suggested
amending Florida Rule of Civil Procedure Form 1.980 (Default). We
refer this matter to the Committee to consider revisions to form
1.980.

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“Right to Plead and Right to Receive Service of Documents.” The

Court further amends subdivision (c) to reflect that a party must be

served all documents in the action until a default is entered. Last,

we amend subdivision (e) (Final Judgment) to clarify the several

circumstances that may require notice to a defaulted party.

Accordingly, Florida Rules of Civil Procedure 1.440 and 1.500

are amended as set forth in the appendix. New language is

indicated by underscoring; deletions are indicated by struck-

through type. The amendments will become effective January 1,

2026, 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 Rules of Civil Procedure

Maegen Peek Luka, Co-Chair, Civil Procedure Rules Committee,
Tampa, Florida, Rebecca Mercier Vargas, Co-Chair, Civil
Procedure Rules Committee, Palm Beach Gardens, Florida,
Joshua E. Doyle, Executive Director, The Florida Bar,
Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison,
The Florida Bar, Tallahassee, Florida,

for Petitioner

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Lee Haas of Haas & Castillo, PLLC, Clearwater, Florida,

Responding with comments

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APPENDIX

RULE 1.440. SETTING ACTION FOR TRIAL

(a) – (c) [No Change]

(d) Service on Defaulted Parties. In actions in which the
damages are not liquidated and when otherwise required by rule
1.500(e), the order setting an action for trial must be served on
parties who are inagainst whom a default has been entered in
accordance with Florida Rule of General Practice and Judicial
Administration 2.516.

(e) [No Change]

Committee Notes
[No Change]

Court Commentary
[No Change]

RULE 1.500. DEFAULTS AND FINAL JUDGMENTS THEREON

(a) By the Clerk. When a party against whom affirmative
relief is sought has failed to file or serve any document in the
action, the party seeking relief may have the clerk enter a default
against the party failing to serve or file such documentfile and serve
a motion for default after the required time for a response has
expired. The clerk must enter a default if the party against whom
affirmative relief has been sought has failed to file or serve any
document.

(b) By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise defend as provided
by these rules or any applicable statute or any order of court, the
party seeking relief may file and serve a motion for default. The
court may then enter a default against sucha party against whom
affirmative relief is sought; provided that if such party has filed or

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served any document in the action, that party must be served with
notice of the application for default.

(c) Right to Plead and Right to Receive Service of
Documents. Until a default is entered against a party, all
documents filed in the action or otherwise required to be served
must be served on that party. A party may plead or otherwise
defend at any time before default is entered. If a party in
defaultagainst whom a default has been entered files any document
after the default is entered, the clerk must notify the party of the
entry of the default. The clerk must make an entry on the progress
docket showing the notification.

(d) [No Change]

(e) Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against an infant or incompetent person unless represented in the
action by a general guardian, committee, conservator, or other
representative who has appeared in it or unless the court has made
an order under rule 1.210(b) providing that no representative is
necessary for the infant or incompetent. If it is necessary to take an
account, or to determine the amount of damages, or to establish the
truth of any averment by evidence, or to make an investigation of
any other matter to enable the court to enter judgment or to
effectuate it, the court may receive affidavits, make references, or
conduct hearings as it deems necessary. After notice to the
defaulted party of any evidentiary hearing on the above matters and
of any trials, and after service of the trial order in these
circumstances, the court and must accord a right of trial by jury to
the parties when required by the Constitution or any statute.

Court Commentary
[No Change]

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