IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.280(F)
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The Florida Supreme Court adopted amendments to Florida Rule of Civil Procedure 1.280(f) to clarify the timing of discovery initiation. The amendment replaces the phrase "party's initial disclosure obligations are satisfied" with "party's initial disclosures are served on the other party" to avoid disputes over when parties may begin seeking discovery.
The Court adopted the Committee's proposed amendment, replacing "party's initial disclosure obligations are satisfied" with "party's initial disclosures are served on the other party" in rule 1.280(f). This change clarifies that discovery may begin once initial disclosures are served, regardless of whether those disclosures are deemed complete or adequate.
[1] A party may not seek discovery before their initial disclosures are served on the other party, absent stipulation or court order.
[2] The phrase "party's initial disclosure obligations are satisfied" in Florida Rule of Civil Procedure 1.280(f) has been replaced with "party's initial disclosures are serv…
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The amended language of rule 1.280(f) that replaces the phrase 'satisfied' with 'served' to create an objective standard for when discovery may commence.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Civil Procedure Rules Committee reported that litigants were refusing to respond to discovery requests based on the argument that in…
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PER CURIAM.
The Florida Bar's Civil Procedure Rules Committee filed a report proposing amendments to Florida Rule of Civil Procedure 1.280 (General Provisions Governing Discovery).¹ We adopt the amendments to rule 1.280(f) (Timing and Sequence of Discovery) as proposed by the Committee.
In our recent opinion adopting civil case management amendments, the Court added the following sentence to rule 1.280(f): “A party may not seek discovery from any source before that party's initial disclosure obligations are satisfied, except when
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
authorized by stipulation or by court order.” In re Amends. to Fla. Rules of Civ. Proc., 402 So. 3d 925 (Fla. 2024). The Committee reports that litigants are refusing to respond to discovery requests on the basis that initial disclosure obligations have not been "satisfied,” despite service of initial disclosures. To avoid any unnecessary delay, we now replace 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."² Incomplete 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).
The Florida Rules of Civil Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring in the appendix, and deletions are indicated by struck-through type. The amendments shall become effective immediately.
2. The Committee in this case also proposed amendments to rule 1.280(k) (Signing Disclosures and Discovery Requests; Response; and Objections), but we hereby ask the Committee to file a new report to separately address its proposed amendments to subdivision (k) in a new case.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
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In re Amendments to Fla. Rule of Civil Procedure 1.280(f), 402 So. 3d 925 (Fla. 2025)…igations are satisfied, except when 1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b). ---PAGE 2--- authorized by stipulation or by court order.” In re Amends. to Fla. Rules of Civ. Proc., 402 So. 3d 925 (Fla. 2024). The Committee reports that litigants are refusing to respond to discovery requests on the basis that initial disclosure obligations have not been "satisfied,” despite service of initial disclosures. To avoid any unnecessary delay, we no…
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Crecelius v. Rizzitano, 2026 WL 555031 (Fla. 6th DCA 2026)…d in the order will be strictly enforced unless changed by court order." Rule 1.200(e)(1) provides that "[d]eadlines in a case management order must be strictly enforced unless changed by court order." 10 In re: Amends. to Fla. Rules of Civ. Proc., 402 So. 3d 925 (Fla. 2024), as corrected (Jan. 23, 2025); In re: Amends. to Fla. Rules of Civ. Proc., 386 So. 3d 497 (Fla. 2024). [*28] GANNAM, J., specially concurring. I fully concur in the majority opinion. I write separately to explain how the Florida Supreme…1 / 2
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Wal-Mart Stores E., LP v. Wynn (Fla. 6th DCA 2026)…, the Florida Supreme Court could have provided trial courts with the ability to strictly enforce their case management orders. In January 2025, the Florida Supreme Court appears to have done just that. See In re Amends. to Fla. Rules of Civ. Proc., 402 So. 3d 925 (Fla. 2024). As the majority recites, among other significant changes, the supreme court amended the Florida Rules of Civil Procedure to mandate that trial courts strictly comply with pretrial orders which stands in direct opposition to Binger's pre…
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- In re Amendments to Fla. Rule of Civil Procedure 1.280(f), 402 So. 3d 925 (Fla. 2025)