Florida Family Law Rule 12.440
RULE 12.440. SETTING ACTION FOR TRIAL
(a) When at Issue. An action is at issue after any motions
directed to the last pleading served have been disposed of or, if no
such motions are served, 20 days after service of the last pleading.
The party entitled to serve motions directed to the last pleading may
waive the right to do so by filing a notice for trial at any time after
the last pleading is served. The existence of crossclaims among the
parties shall not prevent the court from setting the action for trial
on the issues raised by the petition, counterpetition, and answer.
(b) Notice for Trial. Any party may file and serve a notice
that the action is at issue and ready to be set for trial. The notice
must include an estimate of the time required, indicate whether the
trial is on the original action or a subsequent proceeding, and, if
applicable, indicate that the court has authorized the participation
of prospective jurors or empaneled jurors through audio-video
communication technology under rule 12.430(d). The clerk must
then submit the notice and the case file to the court. If there are
any issues to be tried by jury, the notice for trial must so state.
(c) Setting for Trial. If the court finds the action ready to be
set for trial, it shall enter an order setting the action for trial, fixing
a date for trial, and setting a pretrial conference, if necessary. In the
event a default has been entered, reasonable notice of not less than
10 days shall be given unless otherwise required by law. In actions
in which the damages are not liquidated, the order setting an action
for trial shall be served on parties who are in default in accordance
with Florida Rule of General Practice and Judicial Administration
2.516. Trial shall be set within a reasonable time from the service of
the notice for trial. At the pretrial conference, the parties should be
prepared, consistent with rule 12.200, to present any matter that
will prepare the parties for trial and that can expedite the resolution
of the case. The trial court may also direct the parties to reciprocally
exchange and file with the court all documents relative to the
outcome of the case; a list of all witnesses, all issues to be tried,
and all undisposed motions; an estimate of the time needed to try
the case; and any other information the court deems appropriate.
Any court filings shall be in conformity with Florida Rule of Judicial
Administration 2.425. This information should be served and filed
no later than 72 hours before the pretrial conference or 30 days
before the trial.
(d) Sanctions. The failure to comply with the requirements
of the order setting the action for trial subjects the party or attorney
to appropriate court sanctions.
Commentary
1995 Adoption. This rule amends Florida Rule of Civil
Procedure 1.440(c), Setting for Trial, and creates a procedure to
facilitate setting an action for trial. Proper pretrial compliance will
foster knowledgeable settlement discussion and expedite an orderly
trial. The rule also adds a provision for sanctions.
(a) When at Issue. An action is at issue after any motions
directed to the last pleading served have been disposed of or, if no
such motions are served, 20 days after service of the last pleading.
The party entitled to serve motions directed to the last pleading may
waive the right to do so by filing a notice for trial at any time after
the last pleading is served. The existence of crossclaims among the
parties shall not prevent the court from setting the action for trial
on the issues raised by the petition, counterpetition, and answer.
(b) Notice for Trial. Any party may file and serve a notice
that the action is at issue and ready to be set for trial. The notice
must include an estimate of the time required, indicate whether the
trial is on the original action or a subsequent proceeding, and, if
applicable, indicate that the court has authorized the participation
of prospective jurors or empaneled jurors through audio-video
communication technology under rule 12.430(d). The clerk must
then submit the notice and the case file to the court. If there are
any issues to be tried by jury, the notice for trial must so state.
(c) Setting for Trial. If the court finds the action ready to be
set for trial, it shall enter an order setting the action for trial, fixing
a date for trial, and setting a pretrial conference, if necessary. In the
event a default has been entered, reasonable notice of not less than
10 days shall be given unless otherwise required by law. In actions
in which the damages are not liquidated, the order setting an action
for trial shall be served on parties who are in default in accordance
with Florida Rule of General Practice and Judicial Administration
2.516. Trial shall be set within a reasonable time from the service of
the notice for trial. At the pretrial conference, the parties should be
prepared, consistent with rule 12.200, to present any matter that
will prepare the parties for trial and that can expedite the resolution
of the case. The trial court may also direct the parties to reciprocally
exchange and file with the court all documents relative to the
outcome of the case; a list of all witnesses, all issues to be tried,
and all undisposed motions; an estimate of the time needed to try
the case; and any other information the court deems appropriate.
Any court filings shall be in conformity with Florida Rule of Judicial
Administration 2.425. This information should be served and filed
no later than 72 hours before the pretrial conference or 30 days
before the trial.
(d) Sanctions. The failure to comply with the requirements
of the order setting the action for trial subjects the party or attorney
to appropriate court sanctions.
Commentary
1995 Adoption. This rule amends Florida Rule of Civil
Procedure 1.440(c), Setting for Trial, and creates a procedure to
facilitate setting an action for trial. Proper pretrial compliance will
foster knowledgeable settlement discussion and expedite an orderly
trial. The rule also adds a provision for sanctions.