Florida Civil Practice Before Trial

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This manual guides the practitioner through the multiple steps necessary to procedurally ready a case for trial and is the perfect compliment to Florida Civil Trial Practice. This popular reference includes recent significant changes made by case law, statutes, and rules amendments.

Highlights of the Fourteenth Edition include discussions of:

• Updated case law, statutes, Rules of Procedure, forms, etc.
• Recent amendment of Fla. R. Civ. P. 1.380(e) to make it consistent with Fed. R. Civ. P. 37(e): A Florida court may strike pleadings or enter an adverse inference instruction if it finds that a party acted with the intent to deprive another party of the use of information in litigation.
• Newly-added discussion of tax considerations of litigation and employment-related discrimination.
• Updated discussion and analysis of the recent amendments to the jurisdictional limits of Florida courts.
• Claims involving municipalities and the Florida Legislature’s enactment of new statutory provision F.S. 768.28(5), providing for civil liability for damages caused during a riot.
• Derivative liability actions against state entities and the Florida Supreme Court’s recent decision in Barnett v. Dept. of Financial Services, 303 So. 3d 508 (Fla. 2020).
• Protecting the ligation rights of dissolved or expired corporations and the newly-enacted statutory provisions for administrative dissolution, F.S. 607.1420, and reinstatement following administrative dissolution, F.S. 607.1422.
• Protecting litigation rights in medical malpractice actions and discovery, and the recent amendments to Fla. R. Civ. P. 1.650.
• Statutes of Limitations:
• Newly-added discussion of continuing violation doctrine.
• One-year statue of limitations under F.S. 768.38 for Coronavirus (COVID-19) claims.
• Newly-added discussion of equitable tolling.
• Court filing of documents and discovery in “civil cases” and the creation of new procedures under Fla. R. Gen. Prac. & Jud. Admin. 2.420 for a clerk of the court to designate and maintain information as confidential.
• Discovery:
• The Florida Supreme Court’s recent approval of form responses to written discovery requests under Fla. R. Civ. P. 1.280(i).
• Depositions and the Florida Supreme Court’s recent codification of the apex doctrine in Fla. R. Civ. P. 1.280(h).
• The ability of a Florida court to find a deponent in contempt if the deponent refuses to obey a court order directing the deponent to produce documents.
• Newly-added discussion of relief from admission under Fla. R. Civ. P. 1.370.
• Case management and pretrial conferences and the Florida Supreme Court’s issuance of administrative orders to address judicial proceedings due to the Coronavirus (COVID-19) pandemic.
• The Florida Supreme Court’s recent adoption of the federal summary judgment standard under Fla. R. Civ. P. 1.510.
• Extraordinary writs and remedies and the new form requirements for documents under Fla. R. App. P. 9.045.

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The ISBN for the 13th Edition was 9781522186281.

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