Fla. Fam. L. R. P. 12.440

RULE 12.440

SETTING ACTION FOR TRIAL

(a) When at Issue. An action is at issue after any motions

directed to the last pleading served have been disposed of or, if no

such motions are served, 20 days after service of the last pleading.

The party entitled to serve motions directed to the last pleading may

waive the right to do so by filing a notice for trial at any time after

the last pleading is served. The existence of crossclaims among the

parties shall not prevent the court from setting the action for trial

on the issues raised by the petition, counterpetition, and answer.

(b) Notice for Trial. Any party may file and serve a notice

that the action is at issue and ready to be set for trial. The notice

must include an estimate of the time required, indicate whether the

trial is on the original action or a subsequent proceeding, and, if

applicable, indicate that the court has authorized the participation

of prospective jurors or empaneled jurors through audio-video

communication technology under rule 12.430(d). The clerk must

then submit the notice and the case file to the court. If there are

any issues to be tried by jury, the notice for trial must so state.

(c) Setting for Trial. If the court finds the action ready to be

set for trial, it shall enter an order setting the action for trial, fixing

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a date for trial, and setting a pretrial conference, if necessary. In the

event a default has been entered, reasonable notice of not less than

10 days shall be given unless otherwise required by law. In actions

in which the damages are not liquidated, the order setting an action

for trial shall be served on parties who are in default in accordance

with Florida Rule of General Practice and Judicial Administration

2.516. Trial shall be set within a reasonable time from the service of

the notice for trial. At the pretrial conference, the parties should be

prepared, consistent with rule 12.200, to present any matter that

will prepare the parties for trial and that can expedite the resolution

of the case. The trial court may also direct the parties to reciprocally

exchange and file with the court all documents relative to the

outcome of the case; a list of all witnesses, all issues to be tried,

and all undisposed motions; an estimate of the time needed to try

the case; and any other information the court deems appropriate.

Any court filings shall be in conformity with Florida Rule of Judicial

Administration 2.425. This information should be served and filed

no later than 72 hours before the pretrial conference or 30 days

before the trial.

(d) Sanctions. The failure to comply with the requirements

of the order setting the action for trial subjects the party or attorney

to appropriate court sanctions.

1995 Adoption. This rule amends Florida Rule of Civil

Procedure 1.440(c), Setting for Trial, and creates a procedure to

facilitate setting an action for trial. Proper pretrial compliance will

foster knowledgeable settlement discussion and expedite an orderly

trial. The rule also adds a provision for sanctions.