FL Case Management Comments due 8/6

The Supreme Court of Florida recently put forth new Case Management procedures under Rules 1.200 and 1.201 Florida Rules of Civil Procedure, but because they did so without a formal comment period beforehand, members of the bar may weigh in by August 6, 2024. These rule changes would otherwise take effect on January 1, 2025. I have been working with the ADR Section of The Florida Bar on a comment regarding the lack of a clear definition for exactly what alternative dispute resolution processes are contemplated by the rule. We are seeking to add the following italicized language into the revised Rule 1.200(d)(2)(H) entitled Case Management Order for completion of alternative dispute resolution including mediation, arbitration and other processes available under Florida Statutes and Florida Rules of Civil Procedure. Defining what “alternative dispute resolution” includes or means (as it is not clearly defined in the Florida Rules of Civil Procedure) will reduce confusion by specifically mentioning the most commonly utilized methods and alluding to additional methods available under Florida Statutes and Florida Rules of Civil Procedure, thereby supporting the Supreme Court's purpose to promote fair and timely resolution of cases. This also allows for future methods of dispute resolution to be incorporated without the need for rule amendments, such as perhaps Early Neutral Evaluation. In their commentary to the rules, the court notes Rule 1.200 as amended is intended to supersede any case management rules issued by circuit courts and administrative orders on case management to the extent of contradiction. The rule is not intended to preclude the possibility of administrative orders issued by circuit chief judges and local rules under Florida Rule of General Practice and Judicial Administration 2.215 that refine and supplement the procedures delineated in the rule, including rollover practices for situations where a trial is not reached during the scheduled trial period. See more here at case number SC2023-0962 here-- https://tinyurl.com/yujktxpf