Supreme Court of Florida

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No. SC2023-0434

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IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF 

PROCEDURE.

September 7, 2023

PER CURIAM.

On March 21, 2023, The Florida Bar’s Family Law Rules 

Committee filed a report proposing amendments to Florida Family 

Law Rules of Procedure 12.070 (Process), 12.280 (General 

Provisions Governing Discovery), and 12.340 (Interrogatories to 

Parties).1 The Committee approved the proposed amendments to 

rule 12.070 by a vote of 17-1-2, and to rules 12.280 and 12.340 by 

a vote of 10-0-4. The Florida Bar Board of Governors unanimously 

recommended acceptance of the proposed rule amendments. 

The Committee published its proposal for comment and 

received no comments. After the proposed amendments were filed, 

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see 

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
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the Court published the proposal for comment; no comments were 

received. Having reviewed the Committee’s proposal, we adopt the 

amendments as proposed. We discuss the more significant 

amendments below.

First, we amend rule 12.070(l) (Summons; Time Limit) to 

include supplemental pleadings. This makes the time limit for 

service in rule 12.070 applicable to supplemental pleadings. 

Next, we amend rule 12.280(b) (Redaction of Personal 

Information) by adding “with the clerk of court” and “This does not 

apply to discovery information not filed with the clerk of court.” 

This clarifies that the redaction requirement only applies to 

documents filed with the clerk of court. Also, we create a new 

subdivision (k) (Form of Responses to Written Discovery Requests)

to address the form of responses to written discovery requests.

Additionally, we amend rule 12.340 by adding language to 

subdivision (h) (Service) to clarify the requirements for serving 

answers to interrogatories.

Accordingly, the Florida Family Law Rules of Procedure are 

amended as reflected in the appendix to this opinion. New 

language is indicated by underscoring; deletions are indicated by 
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struck-through type. The amendments shall take effect on October 

1, 2023, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Hon. Howard Ogle McGillin, Jr., Chair, Family Law Rules 

Committee, Palatka, Florida, Michael V. Andriano, Past Chair, 

Family Law Rules Committee, Lakeland, Florida, Joshua E. Doyle, 

Executive Director, The Florida Bar, Tallahassee, Florida, and Kelly 

N. Smith, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner
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APPENDIX

RULE 12.070. PROCESS

(a) Issuance of Summons.

(1) In General. On the commencement of the action, 

including proceedings to modify a final judgment, 

summonsThe summons or other process authorized by law 

must be issued and delivered for service immediately on the 

commencement of the action, including proceedings to modify 

a final judgment, by the clerk or judge under the clerk’s or the 

judge’s signature and the seal of the court and delivered for 

service.

(2) [No Change]

(b) Service; By Whom Made. Service of process may be made 

by an officer authorized by law to serve process, but the court may 

appoint any competent person not interested in the action to serve 

the process. When so appointed, the person serving process must 

make proof of service by affidavit promptly and in any event within 

the time during which the person served must respond to the 

process. Failure to make proof of service will not affect the validity 

of the service. When any process is returned not executed or 

returned improperly executed for any respondent, the party causing 

its issuance must be entitled to such additional process against the 

unserved party as is required to effect service.

(c) Service; Numerous Respondents. If there is more than 1 

respondent, the clerk or judge must issue as many writs of process 

against the several respondents as may be directed by the petitioner 

or the petitioner’s attorney.

(d) – (h) [No Change]

(i) Fees; Service of Pleadings. The statutory compensation 

for making service shall cannot be increased by the simultaneous 

delivery or mailing of the copy of the initial pleading in conformity 

with this rule.
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(j) – (k) [No Change]

(l) Summons; Time Limit. If service of the initial process 

andon an initial or supplemental pleading is not made upon a 

respondent within 120 days after filing of the initial pleading 

directed to that respondent, the court, on its own initiative after 

notice or on motion, must direct that service be effected within a 

specified time or must dismiss the action without prejudice or drop 

that respondent as a party; provided that if. If the petitioner shows 

good cause or excusable neglect for the failure, the court shallmay

extend the time for service for an appropriate period. When a 

motion for leave to amend with the attached proposed amended 

petition is filed, the 120-day period for service of amended petitions 

on the new party or parties must begins upon the entry of an order 

granting leave to amend. A dismissal under this subdivision shallis

not be considered a voluntary dismissal orand does not operate as 

an adjudication on the merits under rule 12.420(a)(1).

RULE 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY

(a) Discovery Methods. Parties may obtain discovery by 1 or 

more of the following methods: depositions upon oral examination 

or written questions; written interrogatories; production of 

documents or things or permission to enter on land or other 

property for inspection and other purposes; physical and mental 

examinations; and requests for admission. Unless the court orders 

otherwise and under subdivision (d), the frequency of use of these 

methods is not limited, except as provided in rules 12.200, 12.340, 

and 12.370.

(b) Redaction of Personal Information. All filings of 

discovery information with the clerk of court must comply with 

Florida Rule of General Practice and Judicial Administration 2.425.

This does not apply to discovery information not filed with the clerk 

of court. The court has the authority to impose sanctions for 

violation of this rule.

(c) Scope of Discovery. Unless otherwise limited by order of 

the court in accordance with these rules, the scope of discovery is 

as follows:.
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(1) – (6) [No Change]

(d) – (j) [No Change]

(k) Form of Responses to Written Discovery Requests.

When responding to requests for production served under rule

12.310(b)(5), written deposition questions served under rule 

12.320, interrogatories served under rule 12.340, requests for 

production or inspection served under rule 12.350, requests for 

production of documents or things without deposition served

under rule 12.351, requests for admissions served under rule 

12.370, or requests for the production of documentary evidence

served under rule 12.410(c), the responding party must state each

deposition question, interrogatory, or discovery request in full as 

numbered, followed by the answer, objection, or other response. 

Requests must be arranged so that a blank space is provided after 

each separately numbered request. The space must be reasonably 

sufficient to enable the responding party to insert the responses 

within the space. If sufficient space is not provided, the 

responding party may attach additional pages with responses and 

refer to them in the space provided in the requests.

RULE 12.340. INTERROGATORIES TO PARTIES

(a) – (g) [No Change]

(h) Service. Interrogatories must be arranged so that a blank 

space is provided after each separately numbered interrogatory. The 

space must be reasonably sufficient to enable the answering party 

to insert the answer within the space. If sufficient space is not 

provided, the answering party may attach additional pages with 

answers and refer to them in the space provided in the 

interrogatories. The interrogatoriesInterrogatories must be served 

on the party to whom the interrogatories are directed and copies 

must be served on all other parties. A certificate of service of the 

interrogatories must be filed, giving the date of service and the 

name of the party to whom they were directed. The answers to the

interrogatories must be served on the party originally propounding

the interrogatories and a copy must be served on all other parties

by the answering party. The original or any copy of the answers to
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interrogatories may be filed in compliance with Florida Rule of

General Practice and Judicial Administration 2.425 and rule

12.280(j) by any party when the court should consider the answers

to interrogatories in determining any matter pending before the

court. The court may order a copy of the answers to interrogatories

filed at any time when the court determines that examination of the

answers to interrogatories is necessary to determine any matter 

pending before the court.

Commentary

[No Change]

Committee Note

[No Change]