Background
The Florida Bar’s Probate Rules Committee proposed amendments to Florida Probate Rules 5.025 and 5.080. The Committee and the court each published the proposed changes for comment, and neither publication drew comments.
The amendments address Florida Rule of Civil Procedure 1.280(a)’s initial discovery-disclosure requirements. Probate Rule 5.025 governs adversary proceedings, while Rule 5.080 identifies civil discovery rules applicable in probate and guardianship matters.
The Court’s Holding
In a per curiam opinion, the Florida Supreme Court adopted the Committee’s proposed amendments. The changes expressly exclude the initial-disclosure provisions in Rules 1.280(a)(1), (a)(3), and (a)(4) from probate and guardianship proceedings.
Rule 5.025(d)(2) now states that civil procedure rules govern adversary probate proceedings, subject to exceptions including those initial-disclosure provisions. Rule 5.080(a)(1) likewise adopts Rule 1.280 for probate and guardianship discovery except for the same initial-disclosure requirements.
The amendments take effect January 1, 2027, at 12:01 a.m. A rehearing motion will not change that effective date.
Key Takeaways
- Probate and guardianship proceedings are not subject to Florida Rule of Civil Procedure 1.280(a)’s initial discovery disclosures.
- The exception applies both to adversary proceedings under Rule 5.025 and to discovery generally under Rule 5.080.
- The amendments become effective January 1, 2027.
Why It Matters
The amendments remove any uncertainty over whether the civil rules’ initial-disclosure regime applies in probate and guardianship litigation. Practitioners must continue to use the discovery rules incorporated by the Probate Rules, but need not make the disclosures required by Rule 1.280(a)(1), (a)(3), and (a)(4).