RULES OF CIVIL PROCEDURE--AMENDMENT--DISCOVERY. The Court adopted proposed amendments to rule 1.280(k) (Signing Disclosures and Discovery Requests; Responses; and Objections) "to more closely align with Federal Rule of Civil Procedure 26(g)." The rule was reorganized and new subsection (k)(2) follows the language of federal rule 26(g), which provides that "[o]ther parties have no duty to act on an unsigned disclosure, request, response, or objection until it is signed, and the court must strike it unless a signature is promptly supplied after the omission is called to the attorney's or party's attention."
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RULES OF CIVIL PROCEDURE--AMENDMENT. In two consolidated cases, the Court adopted amendments to Florida Rules of Civil Procedure 1.310 (Depositions on Oral Examination), 1.351 (Production of Documents and Things Without Deposition), 1.100 (Pleadings and Motions), 1.201 (Complex Litigation), 1.545 (Final Disposition Form), and form 1.983 (Prospective Juror Questionnaire). The more significant amendments include replacing the term "pro se" with "unrepresented" party; the addition of a new subdivision to rule 1.351 to "require that an objection to a nonparty subpoena state with specificity the grounds for the objection, including the reasons"; and replacing the phrase "and relief may be obtained pursuant to rule 1.310" found in rule 1.351(c)(7) with the phrase "until the objection is resolved in accordance with subdivision (d) or by agreement."
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RULES OF CIVIL PROCEDURE--AMENDMENT--FORMS. The Court adopted proposed amendments to Florida Rules of Civil Procedure 1.410 (Subpoena), as well as forms 1.914(c) (Affidavit of Claimant in Response to Notice toAppear), 1.924 (Affidavit of Diligent Search and Inquiry), 1.944(b) (Mortgage Foreclosure), 1.977 (Fact Information Sheet), and 1.981 (Satisfaction of Judgment). The Court declined to adopt proposed amendments to 1.442 (Proposals for Settlement) "because the proposed amendments appear to touch on matters of substantive law." Rule 1.410 was amended "to require that proof of service be made consistent with section 92.525, Florida Statutes,' by the person making service." All the forms were amended to "uniformly require the same information in the signature block and to align the notarial certificates with section 117.05(13)."
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RULES OF CRIMINAL PROCEDURE--AMENDMENT--PRETRIAL MOTIONS. After considering comments received following a prior amendment to Rule 3.190(d) which removed the requirement of sworn facts for motions to dismiss, the Court decided to keep the swearing requirement and further amended the subsection to provide that "[t]he facts on which the motion is based must be alleged specifically and the motion must be sworn."
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PROBATE RULES--AMENDMENTS. Amendments were adopted to Florida Probate Rules 5.015 (General Definitions, 5.630 (Petition for Approval of Acts), and 5.648 (Emergency Temporary Guardian). The term "elisor" was added to Rule 5.015, as it is not defined by statute but is used in other probate rules. Rule 5.630(a)(3) was amended to add "support for the price and terms" to the requirement that the price and terms of any sale, mortgage, or other contract be included in the petition for approval of acts. Further, two new subdivisions were added, one requiring the petition to disclose whether a guardian or any person having a personal or professional relationship with the guardian or ward has any interest in the act, and the other requiring the petition to include whether the action requested may be a conflict of interest or a prohibited activity. Finally, Rule 5.648 was amended to require service of the petition for appointment of an emergency temporary guardian by the elisor and to require the elisor to read the notice and petition to the alleged incapacitated person.
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PROBATE RULES--AMENDMENTS--EVIDENCE OF DEATH. The Court deleted rule 5.171 (Evidence of Death) in its entirety, "as it simply reiterates section 731.103, Florida Statutes." Rule 5.205(a) (Filing of Evidence of Death, Requirements for Filing) was revised in order to clarify that a death certificate is not required to open a formal administration of an estate. The Court deleted the specific requirement that the personal representative file an official death record and replaced it with the requirement that "evidence of death under section 731.103, Florida Statutes, must be filed within the time specified under the rule." Rule 5.205(c) (Authority to Require Filing) was retitled to "No Authority to Require Early Filing" and rewritten to clarify that a court may not require filing of an official record of death at any time other than otherwise required by rule absent reasonable cause to believe the decedent is alive.
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RULES OF APPELLATE PROCEDURE--AMENDMENTS--COSTS AND ATTORNEYS' FEES. "Subdivision (b)(4) of rule 9.400 currently describes the procedures by which fee motions are to be served in proceedings in which the court renders an order of dismissal.' This subdivision is dismissal with language referring to issuance of a disposition."
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