In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

199 So. 3d 867, 41 Fla. L. Weekly Supp. 357, 2016 Fla. LEXIS 1962, 2016 WL 4586101

Opinion

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to the Florida Rulés of Civil Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Civil Procedure Rules Committee (Committee) has filed its regular-cycle report of proposed rule and form amendments. See Fla. R. Jud. Admin. 2.140(b). The Committee proposes amending existing rules 1.020 (Privacy and Court Records); 1.071 (Constitutional Challenge to State Statute or County or Municipal Charter, Ordinance, or Franchise; Notice by Party); 1.100 (Pleadings and Motions); 1.130 (Attaching Copy of Cause of Action and Exhibits); 1.140 (Defenses); 1.170 (Counterclaims and Crossclaims); 1.200 (Pretrial Procedure); 1.310 (Depositions Upon Oral Examination); 1.320 (Depositions Upon Written Questions); 1.340 (Interrogatories to Parties); 1.410 (Subpoena); 1.431 (Trial Jury); 1.500 (Defaults and Final Judgments Thereon); 1.510 (Summary Judgment); 1.625 (Proceedings Against Surety on Judicial Bonds); 1.630 (Extraordinary Remedies); and 1.900 (Forms). The Committee also proposes the addition of new rule 1.545 (Final Disposition Form).

In addition, the Committee proposes amending existing forms 1.910 (Subpoena for Trial); 1.911 (Subpoena Duces Tecum for Trial); 1.912 (Subpoena for Deposition); 1.913. (Subpoena Duces Tecum for Deposition); 1.918 (Lis Pendens); 1.921 (Notice of Production from Nonparty); 1.922 (Subpoena Duces Tecum Without Deposition); 1.975 (Notice of Compliance When Constitutional Challenge is Brought); 1.980 (Default); and 1.997 (Civil Cover Sheet).

Consistent with Florida Rule of Judicial Administration 2.140(b)(2), the Committee published its proposals for comment prior to filing them with the Court. The Committee received a comment on its proposed amendments to rules 1.100(c)(1) and 1.140(a). Upon consideration of the comment, the Committee did not alter its proposals. After submission to the Court, we republished the Committee’s proposals for comment. No comments were received.

Having considered the Committee’s report and the comment filed with the Committee, we adopt these straightforward amendments to the Florida Rules of Civil Procedure as proposed by the Committee. Notable changes to the rules are discussed below.

Rule 1.100(c) (Pleadings and Motions; Caption) is amended to require that all parties to an action be named in the caption. Rule 1.100 is also amended to place the civil cover sheet filing requirement, currently contained in subdivision (c)(2), in its own separate subdivision and to delete the final disposition form filing requirement contained in subdivision (c)(3). The final disposition form filing requirement is now contained in new rule 1.545 (Final Disposition Form), Rule 1.140 (Defenses) is amended to require that the ten-day period to file responsive pleadings under subdivisions (a)(3) and (a)(4) begins when an order is filed by the court instead of when notice of the court’s actions is received. The amendments to rule 1.320 (Depositions Upon Written Questions) incorporate language from rule 1.330(d)(3)(C) (Use of Depositions in Court Proceedings; Effect of Errors and Irregularities) regarding objections to the form of written questions and from rule 1.310(b)(4) (Depositions Upon Oral Examination; Notice; Method of Taking; Production at Deposition) regarding the videotaping of depositions. Lastly, rule 1.431 (Trial Jury) is amended to permit the impaneling of more than two alternate jurors under subdivision (g)(1), and the time period to file a .motion to interview jurors under subdivision (h) is extended from ten days to fifteen days.

Accordingly, the Florida Rules of Civil Procedure are hereby amended as set forth in the appendix to this opinion. New language is underscored; deleted language is struck through. The committee notes are offered as an explanation only and are not adopted as an official part of the rules. The amendments shall become effective January 1, 2017, at 12:01 a.m.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ,, concur.

Appendix

RULE 1.020. PRIVACY AND COURT RECORDS

Every pleading or other paperdocument filed with the court sfefimust comply with Florida Rules of Judicial Administration 2.420, Public Access to and Protection of Judicial Branch Records and 2.425, Minimization of the Filing of Sensitive Information.

RULE 1.071. CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY

A party that files a pleading, written motion, or other paperdocument drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise must promptly

(a) file a notice of constitutional question stating the question and identifying the paperdocument that raises it; and

(b) serve the notice and the pleading, ■written motion, or other paperdocument drawing into question, the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise on the Attorney General or the state attorney of the judicial circuit in which the action is pending, by either certified or registered mail.

Service of the notice and pleading, written motion, or other paperdocument does not require joinder of the Attorney General or the state attorney as a party to the action.

Committee Notes [NO CHANGE]

RULE 1.100. PLEADINGS AND MOTIONS

(a) Pleadings. There shailmust be a complaint or, when so designated by a statute or rule, a petition, and an answer to it; an answer to a counterclaim denominated as such; an answer to a .crosselaim if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned as a third-party defendant; and a third-party answer if a third-party complaint is served. If an answer or third-party answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party shailmust file a reply containing the avoidance. No other pleadings shallwill be allowed.

(b) Motions. An application to the court for an order shailmust be by motion which shailmust be made in writing unless made during a hearing or trial, shailmust state with particularity the grounds thereforfor it, and sha&nust set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion, All notices, of hearing sha&nust specify each motion or other matter to be heard.

(c) Caption.

(1) Every pleading, motion, order, judg-caption containing the name of all of: the parties, the name of the court, the fíje number, and a designation identifying the party filing it.

(2) Every-motion, order, judgment, or other document must have a caption containing the name of the- court, the case numberexcept fer-⅛-rem proceedings, including forfeiture-proceedings, 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.

(3) In any in rem proceeding, every pleading, motion, order, judgment, or other paperdocument shailmust have a caption containing the name of the court, the Secase number, the style “In re” (followed by the name or general description of the property), and a designation of-the person or entity Sing, it and its nature or the nature of the order, as the case may be.

. (4) In an in rem forfeiture proceeding, the style shailmust be “In re forfeiture of’ (followed by the name or general description of the property).

(5) All papersdocuments filed in the action shailmust be styled in such a manner as to indicate clearly the subject matter of the paperdocument and the party requesting or obtaining relief.

(d) Civil Cover Sheet. <2)-A civil cover sheet (form 1.997) shailmust 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 shallmust accept the complaint or petition for filing; but all proceedings in the action shallmust be abated until a properly executed cover sheet is completed and filed. The clerk shallmust complete the civil cover sheet for a party appearing pro se.

(3) A final disposition form-(-for-m-1.998) shall-be-filed with the-clerk by-the-prevailing-par-ty at the time-of the filing-of the order or judgment-which- disposes-of the action, — If the action-is settled-wlthout-a court-order or judgment being-entered, or dismissed-by the-partiesf -the plaintiff or petitioner-immediately^hall-file-adSnal disposition-form (form 1.998) with the-clerk. The-derk-shall-eomplete the final disposition-form for a party-appearing pro-se, or when -the.action is-dismissed -by-court _ order for-lack of prosecution pursuantdo rule 1.42Q(e-)-

(de) Motion in Lieu of Scire Facias. Any relief available by scire facias may be granted on motion after notice without the issuance of a writ of scire facias.

Committee Notes

1971-2010 Amendments [NO CHANGE]

2016 Amendment. Subdivision (c) is amended to address the naming of parties in pleadings and amended pleadings similarly to Federal Rule of Civil Procedure 10(a). Subdivision (c)(2) on Civil Cover Sheets is moved to subdivision (d), and subdivision (c)(3) on Final Disposition Forms is moved to new rule 1.545.

RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS

(a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall-must be incorporated in-or-ahtached-to-the pleading. No papersdocuments shall be unnecessarily annexed as exhibits. The pleadings shallmust contain no unnecessary recitals of deeds, documents, contracts, or other instruments.

(b) Part for All Purposes. Any exhibit attached to a pleading shallmust be considered a part thereof for all purposes. Statements in a pleading may be adopted by reference in' a different part of the same pleading, in another pleading, or in any motion.

RULE 1.140. DEFENSES

(a) When Presented.

(1) Unless a different time is prescribed in a statute of Florida, a defendant shall-must serve an answer-wi4him20 days-after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. A party served with a pleading stating a crossclaim against that party shall-must serve an answer to it within 20 days after service on that party. The plaintiff shallmust serve an answer to a counterclaim within 20 days after service of the counterclaim. If a reply is required, the reply shallmust be served within 20 days after service of the answer.

(2)(A) Except when sued pursuant to section 768.28, Florida Statutes, the state of Florida, an agency of the state, or an officer or employee of the state sued in an official capacity shallmust serve an answer to the complaint or crossclaim, or a reply to a counterclaim, within 40 days after service.

(B) When sued pursuant to section 768.28, Florida Statutes, the Department of Financial Services or the defendant state agency shall havehas 30 days from the date of service within which to serve an answer to the complaint or crossclaim or a reply to a counterclaim.

(3) The service of a motion under this rule, except a motion for judgment on the pleadings or a motion to strike under subdivision (f), alters these periods of time so that if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleadings shall-must be served within-10 days after notice of the court’s actionthe filing of the court’s order or, if the court grants a motion for a more definite statement, the responsive pleadings shallmust be served within 10 days after service of the more definite statement unless a different time is fixed by the court in either case.

(4) If the court permits or requires an amended or responsive pleading or a more definite statement, the pleading or statement shallmust be served within 10 days after notice-of the court’s actionthe filing of the court’s order unless a different time is fixed by the court. Responses to the pleadings or statements shallmust be served within 10 days of service of the pleadings or statements.

(b) How Presented. Every defense in law or fact to a claim for relief in a pleading shallmust be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cause of action, and (7) failure to join indispensable parties. A motion making any of these defenses shallmust be made before pleading if a further pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shallmust be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated shallmust be deemed to be waived except any ground showing that the court lacks jurisdiction of the subject matter may be made at any time. No defense or objection is waived by being joined with other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply shallmust be asserted by motion to strike the defense within 20 days after service of the answer or reply.

(c) [NO CHANGE]

. (d) Preliminary Hearings. The defenses 1 to 7 in subdivision (b) of this rule, whether made in a pleading or by motion, and the motion for judgment in subdivision (c) of this rule shallmust be heard and determined before trial on application of any party unless the court orders that the hearing and determination shallmust be deferred until the trial.- '

(e) Motion for More Definite Statement. ' If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, that party may move for a inore definite statement before interposing a responsive pleading. The motion shallmust point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notieethe filing of the order or such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

(f)-(h) [NO CHANGE]

[NO CHANGE]

RULE 1.170. COUNTERCLAIMS AND CROSSCLAIMS

(a) Compulsory Counterclaims. A pleading shallmust state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, provided it arises out of the transaction or occurrence that is the subject matter' of the opposing party’s claim and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction. But the pleader need not state a claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon that party’s claim by attachment or other process' by which the court did not acquire jurisdiction to render a personal judgment on the claim and the pleader is not stating a counterclaim under this rule.

(b)-(f) [ÑO CHANGE]

(g) Crossclaim against Co-Party. A pleading- may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or a counterclaim therein, or relating to any property that is the subject matter of the original action. The crossclaim may include a claim that the party .against, whom it is asserted is or may be. liable to the crosselaimant for all or part of a claim asserted in the action against the crossclaimant. Service of a crossclaim- on a party who has appeared in the action sha&nust be made pursuant to rule 1.080. Service of a erossclaim against a party who has not appeared in the action shallmust be made in the manner provided for service of summons.

(h) Additional Parties May Be Brought In. When the presence of parties other than those to the original action is required to grant complete relief in the determination of a counterclaim or cross-claim, they shallmust be named in the counterclaim or crossclaim and be served with process and shallmust be parties to the action thereafter if jurisdiction of them can be obtained and their joinder will not deprive the court of jurisdiction of the action. Rules 1.250(b) and (c) apply to parties brought in under this subdivision.

(i) [NO CHANGE]

(j) Demand Exceeding Jurisdiction; Transfer of Action. If the demand of any counterclaim or crossclaim exceeds the jurisdiction of the court in which the action is pending, the action shallmust be transferred forthwithimmediately to the court of the same county having jurisdiction of the demand in the counterclaim or cross-claim with only such alterations in the pleadings as are. essential. The court shallmust order the transfer of the action and the transmittal of all papersdoeuments in it to the proper court if the party asserting the demand exceeding the jurisdiction deposits with the court having jurisdiction a sum sufficient to pay the clerk’s service charge in the court to which the action is transferred at the time of filing the counterclaim or crossclaim. Thereupon the original papersdocuments and deposit shallmust be transmitted and filed with a certified copy of the order; The court to which the - action is transferred shall have full power and jurisdiction over the demands of all parties. Failure to make the service charge deposit at the time the counterclaim or crossclaim is filed, or within such further time as the court may allow, sfaallwill reduce a claim for damages to an amount within the jurisdiction of the court where the action is pending and waive the claim in other cases.

RULE 1.200. PRETRIAL PROCEDURE

(а) Case Management Conference. At any time after responsive pleadings or motions are due, the court may order, or a party by serving a notice may convene, a case management conference. The matter to be considered shallmust be specified in the order or notice^ setting the conference. At such a conference the court may:

(1) schedule or reschedule the service of motions, pleadings, and other papersdocu-ments;

(2) set or reset the time of trials, subject to rule 1.440(c);

(3) coordinate the progress of the action if the complex litigation factors contained in rule 1.201(a)(2)(A)-(a)(2)(H) are present;

(4) limit, schedule, order, or expedite discovery;

(5) consider the possibility of obtaining admissions of fact and voluntary exchange of documents and electronically stored information, and stipulations regarding authenticity of documents and electronically stored information;

(б) consider the need for advance rulings from the court on the admissibility of documents and electronically stored information;

(7)discuss as to electronically stored information, the possibility of agreements from the parties regarding the extent to which such evidence should be preserved, the form in which such evidence should be produced, and whether discovery of such information should be conducted in phases or limited to particular individuals, time periods, or sources;

(8) schedule disclosure of expert witnesses and the discovery of facts known and.opinions held by such experts;

(9) schedule or hear motions in limine;

(10) pursue the possibilities of settlement;

(11) require filing of preliminary stipulations if issues can be narrowed;

(12) consider referring, issues to a magistrate for findings of fact; and

(13) schedule other conferences or determine others matters that may aid in the disposition of the action.

(b) [NO CHANGE]

(c) Notice. Reasonable notice shallmust b¿ given for a case management conference, and 20 days’ notice shallmust be given for a pretrial conference. On failure of a party to attend a conference, the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action. Any documents that the court requires for any conference shallmust be specified in the order. Orders setting pretrial conferences sha&nust be uniform throughout the. territorial jurisdiction of the .court.

(d) Pretrial Order. The court shall-must make an order reciting--'the-aetion taken at a conference and any stipulations made. The order shaft-controls the subsequent course of the action unless modified to prevent injustice.

Court Commentary

RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION

(a) When Depositions May Be Taken. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition within 30 days after service of the process and initial pleading upon any defendant, except that leave is not required (1)if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in rale 1.410. The deposition of a person confined in prison may be taken only by. leave of court on such terms as the court prescribes.

(b) Notice; Method of Taking; Production at Deposition.

• • (1) A party desiring to take the deposition of any person upon oral examination shallmust give reasonable notice in writing to every other party to the action. The notice shallmust state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena shallmust be attached to or included in the notice.

(2)Leave of court is not required for the taking of a deposition by plaintiff if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless a deposition is taken before expiration of the 30-day period under subdivision (a). If a party shows that when served with notice under this subdivision that party was unable through the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the deposition may not be used against that party.

(3) For cause shown the court may enlarge or shorten the time for taking the deposition.

(4) Any deposition may be recorded by videotape without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with this subdivision.

(A) Notice. A party intending to videotape a deposition shallmust state in the notice that the deposition is to be videotaped and shallmust give the name and address of the operator. Any subpoena served on the person to be examined shall-must state the method-or — methods—for recording the testimony.

(B) Stenographer. Videotaped depositions shallmust also be recorded steno-graphically, unless all parties agree otherwise.

.(C) Procedure. At the beginning of the deposition, the officer before whom it is taken shallmust, on camera: (i) identify the style of the action, (ii) state the date, and (iii) swear the witness.

(D) Custody of Tape and Copies. The attorney for the party requesting the videotaping of the deposition shallmust take custody of and be responsible for the safeguarding of the videotape, shallmust permit the viewing of it by the opposing party, and, if requested, shallmust provide a copy of the videotape at the expense of the party requesting the copy.

(E) Cost of Videotaped Depositions. The party requesting the videotaping shallmust bear the initial cost of videotaping.

(5) The notice to a party deponent may be accompanied by a request made in com pliance with rule 1.350 for the production of documents and tangible things at the taking of the deposition. The procedure of rule 1.350 shall applyapplies to the request. Rule 1.351 provides the exclusive procedure for obtaining documents or things by subpoena from nonparties without deposing the custodian or other person in possession of the documents.

(6) In the notice a party may name as the deponent a public or private corporation, a partnership or association, or a governmental agency, and designate with reasonable particularity the matters on which examination is requested. The organization so named sha&nust designate one or more officers, directors, or managing agents, or other persons who consent to do so, to testify on its behalf and may state the matters on which each person designated will testify. The persons so designated sha&nust testify about matters known or reasonably available to the organization. This subdivision does not preclude taking a deposition by any other procedure authorized in these rules.

(7) On motion the court may order that the testimony at a deposition be taken by telephone. The order may prescribe the manner in which the deposition will be taken. A party may also arrange for a stenographic transcription at that party’s own initial expense.

(8) Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.

(c) Examination and Cross-Examination; Record of Examination; Oath; Objections. Examination and cross-examination of witnesses may proceed as permitted at the trial. The officer before whom the, deposition is to be taken shall-must. put the witness-on-oath and shall-must personally, or — by.someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness, except that when a deposition is being taken by telephone, the witness shatimust be sworn by a person present with the witness who is qualified to administer an oath in that location. The testimony shatimust be taken stenographi-cally or recorded by any other means ordered in accordance with subdivision (b)(4) of this rule. If requested by one of the parties, the testimony shatimust be transcribed at the initial cost of the requesting party and prompt notice of the request shatimust be given to all other parties. All objections made at time of the examination to the qualifications of the officer taking the deposition, the manner of taking it, the evidence presented, or the conduct of any party, and any other objection to the proceedings shatimust be noted by the officer upon the deposition. Any objection during a deposition shatimust be stated concisely and in a no-nargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under subdivision (d). Otherwise, evidence objected to shatimust be taken subject to the objections. Instead of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and that party shatimust transmit them to the officer, who shah record the answers verbatim.

(d) Motion to Terminate or Limit Examination. At any time during the taking of the deposition, on motion of a party or of the deponent and «pon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, or that objection' and instruction to a deponent not to answer are being made in violation of rule 1.310(c), the court in which the action is pending or the circuit court where the deposition is being taken may order the officer conducting the examination to cease forthwithimmediately from taking the deposition or may limit the scope and manner of the taking of the deposition under rule 1.280(c). If the- order terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party or the deponent, the taking of the deposition shall-to make a motion for an order. The provisions of rule 1.380(a) apply to the award of expenses incurred in relation to the' motion.

(e) Witness Review. If the testimony is transcribed, the transcript shallmust be furnished to the witness for examination and shallmust be read to or by. the witness unless the examination and reading are waived by the witness and by the parties. Any changes in form or substance that the witness wants to make shallmust be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes shall-must-be attached- to the transcript.. — It shahmust then be signed by the witness unless the parties waived the signing or the witness is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within a reasonable time after it is furnished to the witness, the officer shallmust sign the transcript and state on the transcript the waiver, illness, absence of the witness, or refusal to sign with any reasons given therefor. The deposition may then be used as fully as though signed unless the court holds that the reasons given for the refusal to sign require rejection of the deposition wholly' or partly, on motion under rule 1.330(d)(4).

(f) Filing; Exhibits.

(1) If the deposition is transcribed, the officer shallmust certify on each copy of the .deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the examination of the witness shallmust be marked for identification and annexed to and returned with the deposition upon the request of a party, and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification if that person affords to all parties fair opportunity to verify the copies by comparison with the originals. If the person producing the materials requests their return, the officer shahmust mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them and the materials may then be used in the same manner as if annexed to and returned with the deposition.

(2) Upon payment of reasonable charges therefor the officer shallmust furnish a copy of the deposition to any party or to the deponent.

(3) A copy of a deposition may be filed only under the following circumstances:

(A) It may be filed in compliance with Florida Rule of Judicial Administration 2.425 and rule 1.280(fg) by a party or the witness when the contents of the deposition must be considered by the court on any matter pending before the court. Prompt notice of the filing of the deposition shallmust be given to all parties unless notice is waived. A party filing the deposition shallmust furnish a copy of the deposition or the part being filed to other parties unless the party already has a copy.

(B) If the court determines that a deposition previously taken is necessary for the decision of a matter pending before the court, the court may order that a copy be filed by any party at the initial cost of the party, and the filing party shallmust comply with rules 2.425 and 1.280(fg).

(g) Obtaining Copies. A party or witness who does not have a copy of the deposition may obtain it from the officer taking the deposition unless the court orders otherwise. If the deposition is obtained from a person other than the officer, the reasonable cost of reproducing the copies shallmust be paid to the person by the requesting party or witness.

(h) Failure to Attend or to Serve Subpoena; Expenses.

(1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred by the other party and the other party’s attorney in attending, including reasonable attorneys’ fees.

(2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena «pon the witness and the witness- because of the failure does not attend and if another party attends in person or by attorney because that other party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred by that other party and that other party’s attorney in attending, including reasonable attorneys’ fees.

RULE 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS

(a) Serving Questions; Notice. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in rule 1.410. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions shallmust serve them with a notice stating (1) the name and address of the person who is to answer them, if known, ’ and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which that person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation, a partnership or association, or a governmental agency in accordance with rule 1.310(b)(6). Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross ques tions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. Notwithstanding any contrary provision of rule 1.310(c), objections to the form of written questions are waived unless served in writing on the party propounding them within the time allowed for serving the succeeding cross or other questions and within 10 days after service of the last questions authorized. The court may for cause shown enlarge or shorten the time.

(b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all questions served shallmust be delivered by the party taking the depositions to the officer designated in the notice, who shallmust proceed promptly to take the testimony of the witness in'the manner provided by rules 1.310(c), (e), and (f) in response to the questions and to prepare the deposition, attaching the copy of the notice and the questions received by the officer. The questions shallmust not be filed separately from the deposition unless a party seeks to have the court consider the questions before the questions are submitted to the witness. Any deposition may be recorded by videotape without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with rule 1.310(b)(4).

RULE 1.340. INTERROGATORIES TO PARTIES

(a) Procedure for Use. Without leave of court, any party may serve upon any other party written interrogatories, to be answered (1) by the party to whom the interrogatories are directed, or (2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who shah-must furnish the -information available to that party. Interrogatories may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading upon that party. The interrogatories shallmust not exceed 30, including all sub-parts, unless the court permits a larger number on motion and notice and for good cause. If the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories on a subject included therein-shaiwithin must be from the form approved by the court. A party may serve fewer than all of the approved interrogatories within a form. Other interrogatories may be added to the approved forms without leave of court, so long as the total of approved and additional interrogatories does not exceed 30. Each interrogatory shahmust be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shallmust be stated and signed by the attorney making it. The party to whom the interrogatories are directed shallmust serve the answers and any objections within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the process and initial pleading upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under rule 1.380(a) on any objection to or other failure to answer an interrogatory.

(b) Scope; Use at Trial. Interrogatories may relate to any matters that can be inquired into under rule 1.280(b), and the answers may be used to the extent permitted by the rules of evidence except as otherwise provided in this subdivision. An interrogatory otherwise proper is not ob jectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or calls for a conclusion or asks for information not within the personal knowledge of the party. A party shaümust respond to such an interrogatory by giving the information the party has and the source on which the information is based. Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it otherwise admissible under the rules' of evidence. If a party introduces an answer to an interrogatory, any other party may require that party to introduce any other interrogatory and answer that in fairness ought to be considered with it.

(c)Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records (including electronically stored information) of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer shaümust be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shaümust identify a person or persons representing the interrogated party who will be available to-assist the interrogating party in locating and identifying the records at the time they are produced. If the records to be produced consist of electroni-caly stored information, the records shaü-must be produced in a form-or forms in which they are ordinarily maintained or in a reasonably usable form or forms.

(d) [NO CHANGE]

(e) Service and Filing. Interrogatories shaümust be arranged so that a blank space is provided after each separately numbered interrogatory. The space shaü-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 papersdocuments with answers and refer to them in the space provided in the interrogatories. The interrogatories shaümust be served on the party to whom the interrogatories are directed and copies shaümust be served on all other parties. A certificate of service of the interrogatories shaümust be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shaümust be served upon the party originally propounding the interrogatories and a copy shaümust be served on all -other parties by the answering party. The original or any copy of the answers to interrogatories may be filed in compliance with Florida Rule of Judicial Administration 2.425 and rule 1.280(g) 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.

Committee Notes

Court Commentary ’[NO CHANGE]

RULE 1.410. SUBPOENA

(a) [NO CHANGE]

(b) Subpoena for Testimony before the Court.

(1) Every subpoena for testimony before the. court sha&nust be issued by an attorney of record in an action or by the clerk under the .seal of the court and shaft-must state -the- name- of-the court-and the title of the action and sha&nust command each person to whom it is directed to attend and give testimony at a time and place specified in it.

■ (2) On oral request of an attorney or party and without praecipe, the clerk shafr 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 sha&nust 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, papers? documents (including electronically stored information), or 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 upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers? 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 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 such sources or in such forms if the requesting party shows good' cause, considering the limitations set out in rule 1.280(d)(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 which would be subject to a subpoena may compel such production by serving a notice to produce such evidence on an adverse party as provided in rule 1.080, Such notice shall have the same effect and be 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 upon a person named therein.shallwithin must be made as provided by law. Proof of such service- sha&nust 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 action. The subpoena shaiimust state the method for recording the testimony. The subpoena may command the person to whom it is directed to produce designated books, pa<-pergj-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), but in that event the subpoena will be subject to the provisions of rule 1.280(c) and subdivision (c) of this rulé. 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 written objection to inspection or copying of any of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to 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 upon 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 other 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 upon that person may be deemed a 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 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; provid-be compulsorily annexed as an exhibit to such deposition or otherwise permanently removed from.the possession of the witness producing it, but in lieu thereof a photostatic copy may be annexed to and transmitted with such executed commission to the court of issuance.

(h) Subpoena of Minor. Any minor subpoenaed for testimony shall.-havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida, Statutes, except «pon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility. or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.

RULE 1.431. TRIAL JURY

(a) Questionnaire.

(1) The- circuit court may direct the authority charged by law with the selection of prospective jurors to furnish each prospective juror with a questionnaire in the form approved by the supreme court from time to time to assist the authority in selecting prospective jurors. The questionnaire shallmust be used after the names of jurors have been selected as provided by .law but before certification and the placing of the names of prospective jurors in the jury box. The questionnaire shallmust be used to determine those who are not qualified to serve as jurors under any statutory ground of disqualification.

(2) To assist in voir dire examination at trial, any court may direct the clerk to furnish prospective jurors selected for service with a questionnaire in the form approved by the supreme court from time to time. The prospective jurors shallmust be asked to complete and return the forms. Completed forms may be inspected in the clerk’s office and copies shallmust be available in court during the voir dire examination for use by parties and the court.

(b) Examination by Parties. The parties have the right to examine jurors orally on their voir dire. The order in which the parties may examine each juror shallmust be determined by the court. The court may ask such questions of the jurors as it deems necessary, but the right of the parties to conduct a reasonable examination of each juror orally shallmust be preserved.

(c) Challenge for Cause.

(1) On motion of any party, the court shallmust examine any prospective juror on oath to determine whether that person is related, within the third degree, to (i) any party, (ii) the attorney of any party, or (iii) any other person or entity against whom liability or blame is alleged in the pleadings, or is related to any person alleged to have been wronged or injured by the commission of the wrong for the trial of which the juror is called, or has any interest in the action, or has formed or expressed any opinion, or is sensible of any bias or prejudice concerning it, or is an employee or has been an employee of any party or any other person or entity against whom liability or blame is alleged in the pleadings, within 30 days before the trial. A party objecting to the juror may introduce any other competent evidence to support the objection. If it appears that the juror does not stand indifferent to the action or any of the foregoing grounds of objection exists or that the juror is otherwise incompetent, another shallmust be called in that juror’s place.

(2) The fact that any person selected for jury duty from bystanders or the body of the county and not from a jury list lawfully selected has served as a juror in the court in which that person is called at any other time within 1 year is a ground of challenge for cause.

(3) When the nature of any civil action requires a knowledge of reading, writing, and arithmetic, or any of them, to enable a juror to understand the evidence to be offered, the fact that any prospective juror does not possess the qualifications is a ground of challenge for cause.

(d)Peremptory Challenges. Each party is entitled to 3 peremptory challenges of jurors, but when the number of parties on opposite sides is unequal, the opposing parties are entitled to the same aggregate number of peremptory challenges to be determined on the basis of 3 peremptory challenges to each party on the side with the greater number of parties. The additional peremptory challenges accruing to multiple parties on the opposing side shallmust be divided equally among them. Any additional peremptory challenges not capable of equal division shalimust be exercised separately or jointly as determined by the court.

(e) Exercise of Challenges. All challenges shaHmust be addressed to the court outside the hearing of the jury in a manner selected by the court so that the jury panel is not aware of the nature of the challenge, the party making the challenge, or the basis of the court’s ruling on the challenge, if for cause.

(f) [NO CHANGE]

(g) Alternate Jurors.

(1) The court may direct that 1 or gmore jurors be impaneled to sit as alternate jurors in addition to the regular panel. Alternate jurors in the order in which they are called shalimust replace jurors who have become unable or disqualified to perform their duties before the jury retires to consider its verdict. Alternate jurors shalimust be drawn in the same manner, have the same qualifications, be subject to the same examination, take the same oath, and have the same functions, powers, facilities, and privileges as principal jurors. An alternate juror who does not replace a principal juror shalimust be discharged when the jury retires to consider the verdict.

(2) If alternate jurors are called, each party shall-beis entitled to one peremptory challenge in the selection of the alternate juror or jurors, but when the number of parties on opposite sides is unequal, the opposing parties sfaalhbeare entitled to the same aggregate number of peremptory challenges to be determined on the basis of 1 peremptory challenge to each party on the side with-the greater number of parties. The additional peremptory challenges allowed pursuant to this subdivision may be used only against the alternate jurors. The peremptory challenges allowed pursuant to subdivision (d) of this rule shaHmust not be used against the alternate jurors.

(h) Interview of a Juror. A party who believes that grounds for legal challenge to a verdict exist may move for an order permitting an interview of a juror or jurors to determine whether the verdict is subject to the challenge. The motion shalimust be served within 4015 days after rendition of the verdict unless good cause is shown for the failure to-make the motion within that.time. The motion- shalimust state the name and address of each juror to be interviewed and the, grounds for challenge that the party believes may exist. After notice and hearing, the trial judge shalimust enter an order denying the motion or permitting the interview. If the interview is permitted, the court may prescribe the place, manner, conditions, and scope of the interview.

(i) Communication with the Jury. This rule governs all communication between the judge or courtroom personnel and jurors.

(1) Communication to be on the Record. The court shalimust notify the parties of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. Except as set forth below, all communications between the court or courtroom personnel and the jury shalimust be on the record in open court or shalimust be in writing and filed in the action. The court or courtroom personnel shalimust note on any written communication to or from the jury the date and time it was delivered.

(2) Exception for Certain Routine Communication. The court shaHmust, by pretrial order or by statement on the record with opportunity for objection, set forth the scope of routine ex parte communication to be permitted and the limits imposed by the court with regard to such communication.

(A) Routine ex parte communication between the bailiff or other courtroom personnel and the jurors, limited to juror comfort and safety, may occur off the record.

(B) In no event shall ex parte communication between courtroom personnel and jurors extend to matters that may affect the outcome of the trial, including statements containing any fact or opinion concerning a party, attorney, or procedural matter or relating to any legal issue or lawsuit.

(3) Instructions to Jury. During voir dire, the court sfea&nust instruct the jurors and courtroom personnel regarding the limitations on communication between the court or courtroom personnel and jurors, UponOn empanelling the jury, the court sfea&nust instruct the jurors that their questions are to be submitted in writing to the court, which will review them with the parties and counsel before responding.

(4) Notification of Jury Communication. Courtroom personnel sfea&nust immediately notify the court of any communication to or from a juror or among jurors in contravention of the court’s orders or instructions, including all' communication contrary to the requirements of this rule.

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 paperdocument in the action, the party seeking relief may have the clerk enter a default against the party failing to serve- or file such pa-pesdocument.

(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 court may enter a default against such party; provided that if such party has filed or served any paperdocument in the action, that party sfea&nust be served with notice of the application for default.

(c) Right to Plead. A party may plead or otherwise defend at any time before default is entered. If a party in default files any paperdocument after the default is entered, the clerk sfea&nust notify the party of the entry of the default. The clerk sfea&nust make an entry on the progress docket showing the notification,

(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 and sfea&nust accord a right of trial by jury to the parties when required by the Constitution or any statute.

Court Commentary

RULE 1.510. SUMMARY JUDGMENT

(a) For Claimant. A party seeking to recover «pon a claim, counterclaim, cross-claim, or third-party claim or to obtain a declaratory judgment may move for a summary judgment in that party’s favor «pon all or any part thereof with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.

(c)Motion and Proceedings Thereon. The motion shallmust state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shallmust specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (“summary judgment evidence”) on which the movant relies. The movant shallmust serve the motion at least 20 days before the time fixed for the hearing, and shall-must-also serve-at-that time a-copy of any summary judgment evidence on which the movant relies that has not already been filed with the court. The adverse party shallmust identify, by notice served pursuant to rule 1.080 at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies. To the extent that summary judgment evidence has not already been filed with the court, the adverse party shallmust serve a copy on the movant pursuant to rule 1.080 at least 5 days prior to the day of the hearing, or by delivery to the movant’s attorney no later than 5:00 p.m. 2 business days prior to- the day of hearing. The judgment sought shallmust be rendered forthwithimmediateiy if the pleadings and summary, judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. ' ' *

(d) Case Not Fully Adjudicated on Motion. On motion under this rule if judgment is not rendered upon the whole case or for all the relief asked and a trial or the taking of testimony and a final hearing is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shallmust ascertain, if practicable, what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall -thereupon-must then make-an order specifyihg-the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. On the trial or final hearing of the action the facts so specified shallmust be deemed established, and the trial or final hearing shallmust be conducted accordingly.

(e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shallmust be made on personal knowledge, shallmust set forth such facts as would be admissible in evidence, and shallmust show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papersdo-cuments or parts thereof referred to in an affidavit shallmust be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits.

(g) Affidavits Made in Bad Faith. If it appears to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forbhwithmust imme«diately order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorneys’ fees, and any offending party or attorney may be adjudged guilty of contempt.

RULE 1.545. FINAL DISPOSITION FORM

A final disposition form (form 1.998) must 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. If the action is settled without a court order or judgment being entered, or dismissed by the parties, the plaintiff or petitioner immediately must file a final disposition form (form 1.998) with the clerk. The clerk must complete the final disposition form for a party appearing pro se, or when the action is dismissed by court order for lack of prosecution pursuant to rule 1.420(e).

Committee Note

2016 Amendment. This rule is identical to former rule 1.100(c)(3).

RULE 1.625. PROCEEDINGS AGAINST SURETY. ON JUDICIAL BONDS

When any rule or statute requires or permits giving of bond by a party in a judicial proceeding, the surety on the bond submits to the jurisdiction of the court when the bond is approved. The surety shaümust furnish the address for the service of papersdocuments affecting the surety’s liability on the bond to the officer to whom the bond is given at that time. The liability of the surety may be enforced on motion without the necessity of an independent action. The motion shaümust be served on the surety at the address furnished to the officer. The surety shaü-must-serve-ar-respons'e to the motion within 20 days after service of the motion, asserting any defenses in law or in fact. If the surety fails to serve a response within the time allowed, a default may be taken. If the surety serves a response, the issues raised shaümust be decided by the court on reasonable notice to the parties. The right to jury trial shall not be abridged in any such proceedings.

RULE 1.630. EXTRAORDINARY REMEDIES

(b) Initial Pleading. The initial pleading shaümust be a complaint. It shaümust 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 petitioncomplaint with citations of authority.

The caption shaümust 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 plaintiffs complaint shaümust be attached.

(c) Time. A complaint shallmust be filed within the time provided by law.

(d) Process. If the complaint shows a prima facie case for i-elief, the court shall-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.

The writ shallmust be served in the manner prescribed by law.

(e) Response. Defendant shallmust respond to the writ as provided in rule 1.140, but the answer in quo warranto shallmust show better title to the office when the writ seeks an adjudication of the right to an office held by the defendant.

RULE 1.900. FORMS

(a)-(b) [NO CHANGE]

(c) Formal Matters. Captions, except for the designation of the paperdocument, are omitted from the forms. A general form of caption is the first form. Signatures are omitted from pleadings and motions.

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FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET

Plaintiff must file this cover sheet with the first paperworkdocument filed in the action or proceeding (except small claims cases or other county court cases, probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions.

I. Case Style. Enter the name of the court, the appropriate ease 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 plaintiffs) and defendant(s).

II. Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form.

(A) Condominium — all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party.

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

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

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

(E) Negligence — other—all actions sounding in negligence, including statutory claims for relief on account of death or injury, that are not included in other main categories.

(F) Business governance — all matters relating to the management, administration, or control of a company.

(G) Business torts — all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships.

(H) Environmental/Toxic tort — all matters relating to claims that violations of environmental regulatory provisions or exposure to a chemical caused injury or disease.

(I) Third party indemnification — all matters relating to liability transferred to a third party in a financial relationship.

(J) Construction defeet — all civil lawsuits in which damage or injury was allegedly caused by defects in the construction of a structure.

(K) Mass tort — all matters relating to a civil action involving numerous plaintiffs against one or more defendants.

(L) Negligent security — all matters involving injury to a person or property allegedly resulting from insufficient security. .

(M) Nursing home negligence — all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities.

(N) Premises liability — commercial—all matters involving injury to. a person or property allegedly resulting from a defect on the premises of a commercial property.

(O) Premises liability — residential—all matters involving injury to a person or property allegedly resulting from a defect on the premises- of a residential property.

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

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

(R) Commercial foreclosure — all matters relating to the termination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).

(S) Homestead residential foreclosure— all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).

(T) Nonhomestead residential foreclosure — all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28,241, Florida Statutes).

.(U) Other real property actions — all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes).

(V) Professional malpractice — all professional malpractice lawsuits.

(W) Malpractice — business—all matters relating to a business’s or business person’s failure to exercise the degree of care and skill that someone in the same line of work would use under similar circumstances.

(X) Malpractice — medical—all' matters relating to a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.

(Y) Malpractice — other professional — all matters relating to negligence of those other than medical or business professionals.

(Z) Other — all civil matters not included in other categories.

(AA) Antitrust/Trade regulation — all matters relating to unfair methods of competition or unfair or deceptive business acts or practices.

(AB) Business transactions — all matters relating to actions that affect financial or economic interests.

(AC) Constitutional challenge — statute or ordinance — a challenge to a statute or ordinance, citing a violation of the Florida Constitution.

(AD) Constitutional challenge — proposed amendment — a challenge to a legislatively initiated proposed constitutional amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges.

(AE) Corporate trusts — all matters relating to the business activities of financial services companies or banks acting in a fiduciary capacity for investors.

(AF) Discrimination — employment or other — all matters relating to discrimination, including employment, sex, race, age, handicap, harassment, retaliation, or wages.

(AG) Insurance claims — all matters relating to claims filed with an insurance company.

(AH) Intellectual property — all matters relating to intangible rights protecting commercially valuable products of the human intellect.

(AI) Libel/Slander — all matters relating to written, visual, oral, or aural defamation of character.

(AJ) Shareholder derivative action — all matters relating to actions by a corporation’s shareholders to protect and benefit all shareholders against corporate management for improper management.

(AK) Securities litigation — all matters relating to the financial interest or instruments of a company or corporation.

(AL) Trade secrets — all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors.

(AM) Trust litigation — all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate proceedings.

III. Remedies Sought. Place an “X” on the appropriate line. If more than one remedy is sought in the complaint or petition, check all that apply.

IV. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number and the name of the cause of action.

V. Class Action. Place an “X” on the appropriate line.

VI. Related Cases. Place an “X” on the appropriate line.

VII. Is Jury Trial Demanded In Complaint? Check the appropriate line to indicate whether a jury trial is being demanded in the complaint.

ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied with the requirements of Florida Rule of Judicial Administration 2.425.