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Florida Family Law Rules of Procedure

12.440 Setting Action for Trial

Florida Rule of Civil Procedure 1.440 shall govern general provisions concerning setting an action for trial in family law matters, with the following exceptions and additions.

(a) 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 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. 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 Florida Family Law Rule of Procedure 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. This information should be served and filed no later than 72 hours before the pretrial conference or 30 days before the trial.

(b) Sanctions. The failure to comply with the requirements of the order setting the action for trial shall subject the party or attorney to appropriate court sanctions.

COMMENTARY

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.

 

Links

Florida Family Law Rules of Procedure
12.000 Preface
12.005 Transition Rule
12.010 Scope, Purpose, and Title
12.015 Family Law Forms
12.020 Applicability of Florida Rules of Civil Procedure
12.030 Nonverification of Pleadings
12.040 Attorneys
12.050 When Action Commenced
12.060 Transfers of Actions
12.070 Process
12.080 Service of Pleadings and Papers
12.090 Time
12.100 Pleadings and Motions
12.105 Simplified Dissolution Procedure
12.110 General Rules of Pleading
12.120 Pleading Special Matters
12.130 Documents Supporting Action or Defense
12.140 Defenses
12.150 Sham Pleadings
12.160 Motions
12.170 Crossclaims
12.180 Third-Party Practice
12.190 Amended and Supplemental Pleadings
12.200 Case Management and Pretrial Conferences
12.210 Parties
12.230 Interventions
12.240 Interpleader
12.250 Misjoinder and Nonjoinder of Parties
12.260 Survivor; Substitution of Parties
12.270 Consolidation; Separate Trials
12.280 General Provisions Governing Discovery
12.285 Mandatory Disclosure
12.287 Financial Affidavits in Enforcement and Contempt Proceedings
12.290 Depositions Before Action or Pending Appeal
12.300 Persons Before Whom Depositions May Be Taken
12.310 Depositions Upon Oral Examination
12.320 Depositions Upon Written Questions
12.330 Use of Depositions in Court Proceedings
12.340 Interrogatories to Parties
12.350 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
12.351 Production of Documents and Things Without Deposition
12.360 Examination of Persons
12.363 Evaluation of Minor Child
12.365 Expert Witnesses
12.370 Requests for Admission
12.380 Failure to Make Discovery; Sanctions
12.390 Depositions of Expert Witnesses
12.400 Confidentiality of Records and Proceedings
12.407 Testimony and Attendance of Minor Child
12.410 Subpoena
12.420 Dismissal of Action
12.430 Demand for Jury Trial; Waiver
12.431 Trial Jury
12.440 Setting Action for Trial
12.450 Evidence
12.460 Continuances
12.470 Exceptions Unnecessary
12.480 Motion for a Directed Verdict
12.481 Verdicts
12.490 General Magistrates
12.491 Child Support Enforcement
12.492 Special Magistrates
12.500 Defaults and Final Judgments Thereon
12.510 Summary Judgment
12.520 View
12.530 Motions for New Trial and Rehearing; Amendments of Judgments
12.540 Relief from Judgment, Decrees, or Orders
12.550 Executions and Final Process
12.560 Discovery in Aid of Execution
12.570 Enforcement of Judgments
12.580 Writ of Possession
12.590 Process on Behalf of and Against Persons Not Parties
12.600 Deposits in Court
12.610 Injunctions for Domestic and Repeat Violence
12.611 Central Governmental Depository
12.615 Civil Contempt in Support Matters
12.620 Receivers
12.625 Proceedings Against Surety on Judicial Bonds
12.630 Extraordinary Remedies
12.650 Override of Family Violence Indicator
12.740 Family Mediation
12.741 Mediation Rules
12.750 Family Self-Help Programs
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
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