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RECENT RELEASES - FLORIDA SUPREME COURT
FLORIDA RULES OF CIVIL PROCEDURE--AMENDMENT--DISCOVERY. The Court adopted amendments to rule 1.280(f) (Timing and Sequence of Discovery) as proposed by the Florida Bar's Civil Procedure Rules Committee. The amendment "replace[d] the phrase party's initial disclosure obligations are satisfied' in rule 1.280(f) with party's initial disclosures are served on the other party.' " The Court noted that "[i]ncomplete and inadequate initial discovery disclosures are addressed in Florida Rule of Civil Procedure 1.380(d) (Failure to Disclose or to Supplement an Earlier Response)."
CRIMINAL LAW--COSTS--PROSECUTION COSTS--REQUEST BY STATE. In resolving an interdistrict conflict regarding the imposition of the minimum costs set forth in section 938.27(8), the Court held that "the minimum [c]osts for the state attorney' mandated by section 938.27(8) must be imposed by the trial court even in the absence of a request by the State." Because the minimum costs mandated by the statute need not be proven, a request from the State is not necessary. Costs not mandated in a minimum amount set by statute must be requested, and established, by the State.
FAMILY LAW RULES OF PROCEDURE--AMENDMENT--SUBPOENAS. The Court adopted proposed amendments to Florida Family Law Rule of Procedure 12.410 (Subpoena). In addition to minor technical and grammatical changes, the Court added a new subdivision (a)(2) " which requires that a party who issues a subpoena through an attorney of record or clerk of court must, on the same day the subpoena is issued, serve each party to the proceeding with a notice of issuance of subpoena and file the notice with the court.
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