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The post below was published on Monday, September 13th, 2010 at 7:57 AM.

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Florida Supreme Court: Rules Amendments

This past week, the Florida Supreme Court amended the civil procedure rules, effective the first of next year. You can read the court’s order here.

Among the highlights:

New rule 1.071 requires a party that files any paper questioning the constitutionality of a state statute or a local ordinance, charter, or franchise to file a “notice of constitutional question” (see new form 1.975) and serve it, with the paper, on the Attorney General. I suspect that this is a positive development from the state’s point of view. I note that the only related statute, section 86.091, is found in the chapter on declaratory judgments. There has long been an issue about whether this statute has any effect when the constitutional challenge is raised in something other than a declaratory judgment action.

New rule 1.285 provides a procedural scheme for addressing the inadvertent disclosure of privileged materials.

Rule 1.442 is amended to provide, in essence, that proposals for settlement need not be apportioned with respect to vicariously liable parties. (Whew.)

Rule 1.480(b) is apparently amended, in effect, to eliminate the need to renew at the close of all evidence a motion for directed verdict made at the close of the opposing party’s evidence. Preservation of error fans could have an interesting time discussing the true meaning of this change.

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