IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE 1.080, 1.090, AND 1.490

Fla. | 2026-09-03
No. SC2025-1495
Couriel, C.J., Labarga, J., Muñiz, J., Grosshans, J., Francis, J., Barrios, J., Tanenbaum, J.
2026 FL 11486 Florida Supreme Court (2026)

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Holding

The Court amended Rules 1.080 and 1.090 substantially as proposed by the Civil Procedure Rules Committee, clarifying that documents must be filed "with the court" and adding cross-references to related rules. The Court rejected proposed deletions of the "good cause" requirement for time extensions and declined to amend Rule 1.490.


Headnotes

[1] Florida Rule of Civil Procedure 1.080 is amended to clarify that all documents must be filed "with the court" and to add cross-references to Florida Rules of General Prac…

[2] Florida Rule of Civil Procedure 1.090 is amended to conform stylistic language to the Florida Supreme Court's guidelines for rules submissions, including changing "shall…

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Key Quotes

“Specifically, rule 1.080(a) is amended to clarify that documents must be filed "with the court," and two new subdivisions (c) and (d) are added to reference Florida Rules of General Practice and Judicial Administration 2.520 (Documents) and 2.515 (Signature and Representations to Court).”

Establishes the primary substantive changes to Rule 1.080 regarding document filing requirements and cross-references.

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Facts & Procedural History

The Florida Bar's Civil Procedure Rules Committee submitted proposed amendments to Rules 1.080, 1.090, and 1.490. The Court published the proposals fo…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

Supreme Court of Florida

No. SC2025-1495

IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL

PROCEDURE 1.080, 1.090, AND 1.490.

September 3, 2026

PER CURIAM.

The Florida Bar's Civil Procedure Rules Committee filed a report proposing amendments to Florida Rules of Civil Procedure 1.080 (Service and Filing of Pleadings; Orders; Documents; and Transcripts), 1.090 (Time), and 1.490 (Magistrates).1 We published the proposed amendments for comment and received a comment opposing the amendments to rule 1.490. The Committee filed a response stating that it wished to withdraw the proposed amendments to rule 1.490 in light of the comment. Having considered the proposed amendments, the comment received, and the Committee's response, we hereby amend rule 1.080 in the

1. We have jurisdiction. Art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).

manner proposed by the Committee, and we amend rule 1.090, largely as proposed but with a modification addressed below. We decline to amend rule 1.490 at this time in consideration of the Committee's request to withdraw its proposed changes to that rule.

Specifically, rule 1.080(a) is amended to clarify that documents must be filed “with the court,” and two new subdivisions (c) and (d) are added to reference Florida Rules of General Practice and Judicial Administration 2.520 (Documents) and 2.515 (Signature and Representations to Court). Existing subdivisions (c) and (d) are re-lettered accordingly. Minor stylistic changes are made to rule 1.090 to conform with this Court's guidelines for rules submissions. However, we decline to delete the word “good” from the "good cause” standard set forth in subdivision (b)(1), and we decline to amend the rule to allow for extensions of time to be granted in the absence of good cause as long as the parties agree to an extension.

The Court hereby amends the Florida Rules of Civil Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struckthrough type. The amendments become effective October 1, 2026, at 12:01 a.m.

It is so ordered.

COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, BARRIOS, and TANENBAUM, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT

ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Civil Procedure

Thomas Edward Bishop, Chair, Civil Procedure Rules Committee, Jacksonville, Florida, Maegen Peek Luka, Past Co- Chair, Civil Procedure Rules Committee, Tampa, Florida, Rebecca Mercier Vargas, Past Co-Chair, Civil Procedure Rules Committee, Palm Beach Gardens, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Scott M. Janowitz, Miami, Florida,

Responding with comments

APPENDIX

RULE 1.080. SERVICE AND FILING OF PLEADINGS; ORDERS; DOCUMENTS; AND TRANSCRIPTS

(a) Service. Every pleading after the initial pleading, all orders, and every other document filed with the court or required by statute or rule to be served in the action must be served in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516.

(b) [No Change]

(c) Documents. All documents filed with the court must be prepared in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.520.

(d) Signature. All documents filed with the court or required by statute or rule to be served in the action must be signed as required by Florida Rule of General Practice and Judicial Administration 2.515.

(ee) Writing and written defined. Writing or written means a document containing information, an application, or a stipulation.

(df) Format of Filed Transcripts. All transcripts filed with the court must be in full-page format, unless condensed transcripts are authorized by the court. The Portable Document Format (“PDF") file(s) of all transcripts must be text searchable.

Committee Notes

[No Change]

RULE 1.090. TIME

(a) Computation. Computation of time shall beis governed by Florida Rule of General Practice and Judicial Administration 2.514.

(b) Extending Time.

(1) In General. When an act may or must be done within a specified time, the court may, for good cause shown, extend the time:

(A) – (B) [No Change]

(2) [No Change]

(c) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding shallmust not be affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any action which is or has been pending before it.

(d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing-thereof shallmust be served a reasonable time before the time specified for the hearing.


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