Background
The Florida Bar’s Civil Procedure Rules Committee proposed amendments to Florida Rules of Civil Procedure 1.410, governing subpoenas, and 1.442, governing proposals for settlement. It also proposed revisions to five forms addressing claimant affidavits, diligent searches, mortgage foreclosures, fact information sheets, and satisfactions of judgment.
The Committee approved and published the proposals, receiving no comments. After the Florida Supreme Court republished them, attorney Tina Willis submitted one comment, and the Committee responded.
The Court’s Holding
The Court adopted the proposed amendment to rule 1.410 and the revisions to Forms 1.914(c), 1.924, 1.944(b), 1.977, and 1.981. Amended rule 1.410(d) requires a person serving a subpoena to make proof of service consistent with section 92.525, Florida Statutes. The form revisions standardize signature-block information and align notarial certificates with section 117.05(13), Florida Statutes.
The Court declined to adopt the proposed amendments to rule 1.442 because they appeared to address substantive law. The Court explained that rule 1.442 may supply procedures implementing Florida’s settlement-proposal statute, but entitlement to costs and attorney’s fees is substantive. The adopted amendments take effect January 1, 2027, at 12:01 a.m., and a rehearing motion will not alter that date.
Key Takeaways
- Proof of subpoena service under rule 1.410(d) must be made consistently with section 92.525, Florida Statutes.
- Five civil-procedure forms now use standardized signature information and updated statutory notarial certificates.
- The Court rejected the proposed rule 1.442 amendments because they appeared to cross the boundary between procedural rules and substantive law.
Why It Matters
Florida civil litigators and process servers will need to use the revised proof-of-service requirement and updated forms beginning January 1, 2027. The decision also reinforces the constitutional limit on procedural rulemaking: court rules may regulate the process for settlement proposals but may not alter substantive rights to costs or attorney’s fees.