In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation

30 So. 3d 477, 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237
Supreme Court of Florida·Decided October 15, 2009·No. SC08-1141·Published·Cited by 3 cases

Opinion

PER CURIAM.

This matter is before the Court for consideration of comments concerning this Court’s recent amendments to the Florida Rules of Civil Procedure, Forms for Use with Rules of Civil Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms in response to a petition filed by the Task Force on the Management of Cases Involving Complex Litigation (Task Force). See In re Amendments to the Fla. Rules of Civil Procedure — Mgmt. of Cases Involving Complex Litig., 15 So.3d 558 (Fla.2009). The comments we received primarily relate to the amended Civil Cover Sheet, Form 1.997 and the new Family Court Cover Sheet, Form 12.928. We have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

On July 1, 2009, the Court published for comment in The Florida Bar News the following rules and forms: Florida Rule of Civil Procedure 1.201 (Complex Litigation); Florida Rule of Civil Procedure 1.440 (Setting Action for Trial); Form for Use with Rules of Civil Procedure 1.997 (Civil Cover Sheet); Form for Use with Rules of Civil Procedure 1.998 (Final Disposition Form); Florida Family Law Rule of Procedure 12.100 (Pleadings and Motions); Florida Family Law Rule of Procedure 12.201 (Complex Litigation); and Florida Supreme Court Approved Family *478 Law Form 12.928 (Family Court Cover Sheet).

The Court received five comments, which addressed only rules 12.100 and 12.015 and forms 1.997, 1.998, and 12.928. 1 Each of the comments — which were filed by (1) The Honorable Lauren C. Laughlin, Circuit Court Judge, Sixth Judicial Circuit; (2) the Commission on Trial Court Performance and Accountability (TCP & A); (3) Lawyer Randall L. Gilbert; (4) the Family Law Rules Committee; and (5) the Steering Committee on Families and Children in the Court — offered specific, helpful suggestions to improve these forms and rules. The Task Force filed a response to the comments. In its response, the Task Force expressed approval of all of the revisions suggested by the commenters.

AMENDMENTS

Upon consideration, we amend forms 1.997 and 1.998 as suggested by the Task Force and commenters with only minor modifications as shown in the appendix. 2 The Task Force’s response to the comments also considered and incorporated the proposed amendments to the civil cover sheet, form 1.997, made in the emergency rule proposal in In re Amendments to Rules of Civil Procedure and Forms for Use with Rules of Civil Procedure, No. SC09-1460 (Fla. petition filed Aug. 17, 2009), which was filed by the Court’s Task Force on Residential Mortgage Foreclosure Cases (TFRMFC). Accordingly, those amendments are also adopted here.

Next, we amend form 12.928 as suggested by the comments. Because form 12.928 as shown in the appendix to this opinion is fully engrossed, we briefly describe the amendments being made to the form from the version adopted by the Court in its earlier opinion. Initially, we amend the form’s title to “Cover Sheet for Family Court Cases” to more accurately describe the need to file the cover sheet in actions covered by both the Florida Family Law Rules of Procedure and the Florida Rules of Juvenile Procedure. In part II of the form, under “Type of Action/Proeeeding,” we add an “Other” category and define it in the instructions to include “All reopening actions not involving modification/supplemental petitions or petition enforcement” to more accurately capture information on these cases that might otherwise be missed and, therefore, underreported. We add the categories of “Shelter Petition,” “Termination of Parental Rights Arising Out of Chapter 39,” “Adoption Arising Out Of Chapter 39,” and “CINS/FINS” for these same reasons. “Dating Violence,” “Repeat Violence,” and “Sexual Violence” are now separate categories, instead of subcategories of “Domestic Violence.” As these were the only subcategories on the form, we remove language in the form and directions concerning subcategories.

More descriptive titles are being given to “Support IV-D,” “Support Non-IV-D,” “UIFSA IV-D,” and “UIFSA Non-IV-D” to assist persons appearing pro se in properly completing the form. A nonlawyer *479 signature block is being added to the end of the form and other nonsubstantive changes are being made to conform to the other family law forms. Finally, the check boxes are replaced with blanks and the letters assigned to each category in the instructions portion of the form are added to the categories on the form itself for ease of cross-reference in completing the form.

We also amend form 12.928 to make it a Florida Family Law Rule of Procedure Form, as opposed to a Florida Supreme Court Approved Family Law Form, as requested by the Family Law Rules Committee. This change will require the Family Law Rules Committee to be responsible for proposing amendments and corrections to the form as necessary. In proposing amendments to the form, the Family Law Rules Committee is to consult with the Juvenile Rules Committee and the Steering Committee on Families and Children in the Court.

Our intent is to ensure that form 12.928, as adopted herein, is filed in all cases under the Florida Family Law Rules of Procedure or the Florida Rules of Juvenile Procedure. To this purpose, we amend Florida Family Law Rule of Procedure 12.015 (Family Law Forms) to identify form 12.928 as a Florida Family Law Rules of Procedure Form and rule 12.100 to require a party opening or reopening a case under the family law rules to file form 12.928 with the clerk of the circuit court. As there is currently no juvenile rule requiring use of this form, we request that the Juvenile Court Rules Committee propose amendments to the juvenile rules to require use of form 12.928 in all cases filed under those rules as quickly as possible using the fast-track rule amendment process.

CONCLUSION

Accordingly, we amend Forms for Use with Rules of Civil Procedure 1.997 (Civil Cover Sheet) and 1.998 (Final Disposition Form), Florida Family Law Rules of Procedure 12.015 (Family Law Forms) and 12.100 (Pleadings and Motions), and Florida Supreme Court Approved Family Law Form 12.928 (Family Court Cover Sheet) as set forth in the appendix to this opinion. Form 12.928 is set forth fully engrossed. In the remaining forms and rules, new language is indicated by underscoring; deletions are indicated by struck-through type. As previously set forth in our prior opinion in this case issued in May 2009, the amendments to form 1.997 (Civil Cover Sheet) and form 12.928 (Family Court Cover Sheet) shall become effective January 1, 2010, at 12:01 a.m. The remainder of the amendments shall become effective immediately.

It is so ordered.

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

APPENDIX

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FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET

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In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation, 30 So. 3d 477, 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237 (Fla. 2009).

30 So. 3d 477 (In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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