Florida Bar re: Amendment to Rules of Civil Procedure Rule 1.100(c)

488 So. 2d 57, 11 Fla. L. Weekly 206, 1986 Fla. LEXIS 2172
CourtSupreme Court of Florida
DecidedMay 1, 1986
DocketNo. 68357
StatusPublished
Cited by2 cases

This text of 488 So. 2d 57 (Florida Bar re: Amendment to Rules of Civil Procedure Rule 1.100(c)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar re: Amendment to Rules of Civil Procedure Rule 1.100(c), 488 So. 2d 57, 11 Fla. L. Weekly 206, 1986 Fla. LEXIS 2172 (Fla. 1986).

Opinion

PER CURIAM.

We have before us a proposed amendment to Rule of Civil Procedure 1.100(c). [58]*58We approve the recommendation and adopt a modified version of the proposed amendment.

In response to the need for additional and more reliable information required by this Court to formulate requests for the certification of new judges and for court management purposes in general, Chief Justice James E. Alderman created the Court Statistics and Workload Committee, which was composed of chief judges, clerks of the circuit court, and trial court administrators. That committee delivered its initial report on October 31,1984, recommending major changes in the Summary Reporting System (SRS). Among other recommendations, the committee suggested that:

The Supreme Court should adopt a rule requiring attorneys to caption all initial circuit civil pleadings with the appropriate SRS case type designation in order to assist the clerks’ offices in identifying the correct case type for SRS purposes. The rule should provide that pleadings not properly captioned should not be accepted for filing by the clerk except by an order of the Court.

The Committee reasoned that it would be easier and more accurate for the attorneys filing an action to determine the appropriate case type than it would be for non-lawyer clerk personnel. The new reporting procedures were implemented in a few selected circuits on a pilot basis and evaluated. Additionally, we have reviewed the comments of trial judges, lawyers, and other interested parties who responded to the publication of the proposed rule.

Based on these responses, we have modified the proposal presented by the committee and hereby amend Rule of Civil Procedure 1.100(c) as follows:

Rule 1.100. Pleadings and Motions
[[Image here]]
ic) Caption.
(1) Every pleading, motion, order, judgment or other paper shall have a caption containing the name of the court, the file number, the name of the first party on each side with an appropriate indication of other parties and a designation identifying the party filing it and its nature or the nature of the order, as the case may be. All papers filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining relief.
(2) A civil cover sheet (Form 1.997) shall be completed and filed with the clerk at the time an initial complaint or petition is filed by the party initiating the action. If the cover sheet is not filed, the clerk shall accept the complaint or petition for filing; but all proceedings in the action shall be abated until a properly executed cover sheet is completed and filed. The clerk shall complete the civil cover sheet for a party appearing pro se..
(3) A final disposition form (Form 1.998) shall be filed with the clerk by the prevailing party, at the time of the filing of the order or judgment which disposes of the action. The clerk shall complete the final disposition form for a party appearing pro se, or when the action is dismissed for lack of prosecution pursuant to Rule 1.420(e).

This amendment shall become effective July 1, 1986.

BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH, SHAW and BARKETT, JJ., concur.

[59]*59Form 1.997

Civil Cover Sheet

The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. (See instructions on the reverse of the form.)

[[Image here]]

Form 1.997

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET

I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned (if applicable) and the name (last, first, middle initial) of plaintiff(s) and defendants).

[60]*60II. Type of Case. Place an “X” in the appropriate box. If the cause fits more than one type of case, select the most definitive. Definitions of the cases are provided below.

(A) Simplified Dissolution of Marriage — petitions for the termination of marriage pursuant to Fla.R.Civ.P. 1.611(c).

(B) Dissolution of Marriage — petitions for the termination of marriage other than simplified dissolution.

(C) Support — IV-D—all matters relating to child or spousal support in which an application for assistance has been filed under Title IV-D, Social Security Act, except for such matters relating to dissolution of marriage petitions (F.S. 409.245, 409.2564, 409.2571 and 490.2597), paternity, or URESA.

(D) Support — Non IV-D — all matters relating to child or spousal support in which an application for assistance has not been filed under Title IV-D, Social Security Act.

(E) URESA — IV-D—all matters relating to Chapter 88, Florida Statutes in which an application for assistance has been filed under Title IV-D, Social Security Act.

(F) URESA — Non IV-D — all matters relating to Chapter 88, Florida Statutes in which an application for assistance has not been filed under Title IV-D, Social Security Act.

(G) Domestic Violence — all matters relating to injunctions for protection against domestic violence pursuant to F.S. 741.30.

(H) Domestic Relations — all matters involving adoption, paternity, change of name, child custody, separate maintenance, annulment, or other matters not included in categories (A) through (G).

(I) Auto Negligence — all matters arising out of a party’s allegedly negligent operation of a motor vehicle.

(J) Professional Malpractice — all professional malpractice lawsuits.

(K) Products Liability — all matters involving injury to person or property allegedly resulting from the manufacture or sale of a defective product or from a failure to warn.

(L) Other Negligence — all actions sounding in negligence, including statutory claims for relief on account of death or injury, not included in categories (G), (H), and (I).

(M) Comdominium — all civil lawsuits pursuant to Chapter 718, Florida Statutes, where a condominium association is a party in the lawsuit.

(N) Eminent Domain — all matters relating to the taking of private property for public use, including inverse condemnation by state agencies, political subdivisions and public service corporations.

(O) Real Property/Mortgage Foreclosure — all matters relating to the possession, title and boundaries of real property. All matters involving foreclosures and sales, including foreclosures associated with condominium associations and condominium units.

(P) Contract and indebtedness — all contract actions relating to promissory notes and other debts, including those arising from the sale of goods. Excludes contract disputes involving condominium associations.

(Q) Other Civil — all civil matters not included in categories (A) through (P).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
488 So. 2d 57, 11 Fla. L. Weekly 206, 1986 Fla. LEXIS 2172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-re-amendment-to-rules-of-civil-procedure-rule-1100c-fla-1986.