# Supreme Court of Florida

____________

No. SC2023

- 0434

____________

IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF

PROCEDURE

.

September 7, 2023

PER CURIAM.

On March 2 1, 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 1 7

- 1

- 2 , and to rules 12. 280 and 12.340 by

a vote of 1 0

- 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 a rt. V, § 2(a), Fla. Const. ; see also Fla. R. Gen. Prac. & Jud. Admin. 2. 14 0(b).- 2

- the Court published the proposal for comment ; no comments were

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

amendment s 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

docum ents 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 la ng u a ge to

subdivisio n (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 i ndicated by- 3

- 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 AL TER

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- 4

- 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,

summons The 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 affidavi t 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 statut ory compensation for making service shall can not be increased by the simultaneous delivery or mailing of the copy of the initial pleading in conformity

with this rule.- 5

- (j)

– (k) [No Change]

(l) Summons; Time Limit. If service of the initial process and on an initial or supplemental pleading is not made up on 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 effect ed 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 shall may extend the time for service for an app ropriate 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 begin s up on the entry of an order granting leave to amend. A dismis sal under this subdivision shall is

not be considered a voluntary dismissal or and 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 disc overy by 1 or more of the following methods: depositions up on 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 Perso nal 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 :

.- 6

- (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 u nder 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

refe r 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 provid ed, the answering party may attach additional pages with answers and refer to them in the space provided in the interrogatories. The interrogatories Interrogatories must be served on the party to whom the interrogatories are directed and copies

must be serv ed 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

t he interrogatories and a copy must be served on all other parties by the answering party. The original or any copy of the answers to- 7

- 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]