IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.260
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The Court amends Florida Rule of Civil Procedure 1.260 to delete archaic language and clarify procedures for substituting parties after a death or incompetency.
[1] A statement noting the death of a party must be filed and served on all parties to be effective.
[2] Florida Rule of Civil Procedure 1.260 has been amended to clarify procedures for substituting parties upon a party's death.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Civil Procedure Rules Committee proposed amendments to Rule 1.260 concerning survivor and substitution of parties. The proposed amen…
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PER CURIAM.
Before the Court is the report of The Florida Bar’s Civil Procedure Rules Committee (Committee) proposing amendments to Florida Rule of Civil Procedure 1.260 (Survivor; Substitution of Parties). See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes to amend rule 1.260 to delete archaic language and to clarify that a statement noting the death of a party must be filed and served on all parties.
The Committee and the Board of Governors of The Florida Bar unanimously approved the proposed amendments. The proposals were published by both the Committee and the Court. No comments were received following either publication.
Having considered the proposed amendments, the Court hereby amends Florida Rule of Civil Procedure 1.260 as proposed by the Committee, with minor revisions. 1 In subdivision (a)(1), the words “filed and” are added for greater specification. Furthermore, the phrase “the death is suggested upon the record by service of a statement of the fact of the death . . .” is replaced with “a statement noting the death is filed and served on all parties as provided in Rule of General Practice and Judicial Administration 2.516.” In subdivision (a)(2), the phrase “The death shall be suggested upon the record” is replaced with “A statement noting the death shall be filed and served on all parties as provided in Rule of General Practice and Judicial Administration 2.516.” Finally, in subdivision (b), the words “filed and” are added for consistency with subdivision (a)(1).
1. References to the Florida Rules of Judicial Administration have been updated to reflect the new title of that body of rules, Florida Rules of General Practice and Judicial Administration. See In re Amendments to Florida Rules of Judicial Administration–2020 Regular-Cycle Report, 310 So. 3d 374 (Fla. 2021). -2-Accordingly, the Florida Rules of Civil Procedure are amended as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struckthrough type. The amendments shall become effective immediately upon the release of this opinion.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER