Courts often seem to be filled with cases that just are not progressing through the system. Dockets are full, but lawsuits are still being filed. The COVID-19 shutdowns certainly did not help the situation. Courts were closed, and personnel were sent home, working remotely, or working fewer hours. The Florida Supreme Court recently published Administration Order 20-23, Amendment 12, to get Florida litigation moving again – and hopefully more quickly.
But the new rules don’t just demand that courts move cases along more efficiently. They provide a framework and guidance on how to streamline operations.
Two Case Management Plans for Florida Litigation Cases
Effective April 30, Florida courts will use two case management plans for civil Florida litigation. The two plans are as follows:
- Retroactive Plan. This case management plan applies to Florida litigation that was pending as of April 29, 2021.
- Prospective Plan. Cases filed on April 30, 2021, or later will use this plan.
Generally, the term “civil cases” means all lawsuits filed in county or circuit courts except small claims cases and cases that fall under summary procedure rules.
How the Plans Work
After a lawsuit is filed in Circuit Court, the parties must agree on the type of case and deadlines. If the parties cannot agree on a plan within 150 days of filing, the judge will enter a case management order.
The four case tracks are:
- Complex (which the court must approve). These cases are expected to go to trial within 24 months.
- General. Trial will usually be held within 18 months.
- Cases should be ready for trial within 12 months.
- These cases should proceed to trial within 8 months.
For cases filed in county courts, the court will automatically issue a case management plan when the case is filed.
Standing Orders Going Forward
A standing order is a standard court order that applies to all cases before the issuing court. Under new Florida litigation case management rules, county and circuit courts will send parties to a lawsuit standing orders related to the new case management rules.
Circuit and county courts will issue their own standing orders. Also, one set of orders will be sent to cases filed after April 30, 2021, but courts will send a different order to cases filed before April 30.
What Happens Next in Your Florida Litigation?
Your attorney will continue handling your case. However, timelines may differ from what you have been told in the past.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.