The Florida Supreme Court recently passed Amendment 10 to Administrative Order AOSC20-23 regarding Comprehensive Covid-19 Emergency Measures for Florida Trial Courts. The totality of this Order regards the way the Covid-19 pandemic has been handled by the judicial court dating back to March 2020. Amendment 10 creates a new Section III.G.(1) which is pertinent to all attorneys practicing in Florida. The new amendment is titled “Case Management and Resolution.” The purpose of this amendment is to maximize resolution of cases, due in part to the continued backlog of cases during the Covid-19 pandemic.
The Chief Judges are instructed to issue an administrative order applicable to each county within the Judicial Circuit, which will take place on April 30, 2021. The administrative order passed in each judicial circuit shall require the presiding judge for each civil case, as defined by the Florida Rules of Civil Procedure, to actively manage civil cases as specified.
First, Amendment 10 requires a review of each civil case to determine whether the case is complex (provided by Fla. R. Civ. P. 1.201), streamlined (based on criteria specified in the administrative order), or general (all other civil cases). TThe presiding judge is required to issue a case management order for each streamlined and general civil case that, at a minimum, specifies deadlines commonly associated with Case Management Orders. Of note the Case Management Order is required to specify the projected date of trial and indicate that the deadlines established will be strictly enforced by the court.
Second, the issuance of Case Management Orders applies to all civil cases. Of note, any cases filed after April 30, 2021, a Case Management Order shall be issued within 30 days of service of the Complaint on the last of all named defendants. Cases filed before April 30, 2021 the Case Management Order shall be issued within 30 days of service of the Complaint on the last of all named defendants or by May 28, 2021, whichever date is later.
Thirdly, the maximum period of time allowed for case management deadlines will be differentiated on whether the case is defined as streamlined or general. The most important thing to note is that all judges are directed to strictly comply with the Florida Rules and court ordered deadlines determined in the Case Management Order to conclude litigation as soon as it is reasonably and justly possible to do so. The Amendment recommends that continuances only be allowed for good cause shown.
Following a hearing with the Broward County Chief Judge, the Chief Judge believes the impact of Amendment 10 will be substantial. He stated that every civil case will be reviewed, and old cases are going to be set for trial in the fall. He also noted that lawyers should not expect continuances to be granted after the April 30, 2021 deadline.
This Order will have a huge impact on litigation in Florida. Cases, especially older cases, will get set for trial whether they are ready or not. Judges will have a firm expectation that cases are prepared and efficiently moved toward resolution. This expectation can put added pressure on both sides to reach a reasonable settlement. It is anticipated that, county by county, Administrative Orders will put added pressure on plaintiff’s firms that intend to take their time preparing a case and firms that continue to push unreasonable demand numbers.