Florida Rules of Civil Procedure 1967 Revision., In re
| Decision Date | 15 June 1966 |
| Docket Number | No. 35044,35044 |
| Citation | 187 So.2d 598 |
| Parties | In re FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION. |
| Court | Florida Supreme Court |
Robert M. Ervin, Tallahassee, President, and Henry P. Trawick, Jr., Sarasota, for The Florida Bar.
The opinion and compilation appended thereto filed May 18, 1966, are withdrawn and this opinion and attached compilation substituted therefor.
Appended to this order is a complete compilation of the Florida Rules of Civil Procedure and all amendments, revisions, forms or additions which have been made since June 20, 1962, adopted pursuant to the power vested in this Court by Article V of the Florida Constitution. This compilation and revision shall govern all proceedings within the scope of these rules after midnight December 31, 1966. This compilation and revision shall supersede all conflicting rules and statutes. All statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by the Supreme Court.
Adopted and approved by the Court en banc June 15, 1966.
It is so ordered.
RULE 1.010. SCOPE AND TITLE OF RULES.
These rules apply to all suits of a civil nature and all special statutory proceedings in the Circuit Courts, County Judge's Courts, County Courts and Civil Courts of Record except that the form, content, procedure and time for pleading in all special statutory proceedings shall be as prescribed by the statutes providing for such proceedings unless these rules specifically provide to the contrary. These rules shall be construed to secure the just, speedy and inexpensive determination of every action. These rules shall be known and cited as the Rules of Civil Procedure and may be abbreviated as "RCP".
Committee Note: See order of the Supreme Court of Florida effective January 1, 1950, adopting the existing common law and equity rules and former Common Law Rules 61 and 62 and former Equity Rule 79. This rule is adapted somewhat from Federal Rule 1.
RULE 1.020. COURTS AND JUDGES.
(a) Court and Judge Synonymous. When these rules refer to the court, they shall be construed to apply to a judge thereof when the context requires or permits.
(b) Presiding Judge.
(1) In circuit courts having more than two judges on active status:
A presiding judge of the court shall be chosen by majority vote of the judges thereof on the first day of July, 1957, for a term of two years. Successor presiding judges shall be elected in the same manner for a like term. If a vacancy occurs, other than through expiration of a term, a successor shall be chosen within 60 days in the same manner for the remainder of the term.
If the presiding judge dies, retires or is unable to perform his duties, the judge having the longest continuous service as circuit judge shall perform such duties during the disability or until a successor presiding judge is elected.
(2) In circuit courts having two judges on active status:
The office of presiding judge shall be rotated between the judges. The term shall If the presiding judge dies, retires or is unable to perform his duties for any extended time, the remaining judge shall serve as presiding judge.
be two years. The judge having the longest continuous service as a circuit judge shall serve the first term beginning on the first day of July, 1957.
(c) Duties.
(2) As often as necessary to insure the efficient and speedy administration of justice, and not less frequently than bi-monthly, the presiding judge shall examine the dockets of the court in each county or require a report on the status of the cases on such dockets and thereupon take such action as may be necessary to cause said dockets to be made current.
(3) All circuit judges shall inform the presiding judge of any contemplated absences which will affect the progress of the court's business and shall state the reasons for such absence.
(4) If any circuit judge is absent from the court or otherwise unable to perform his duties, or if for other reasons it appears to the presiding judge that the efficient and speedy administration of justice so requires, the presiding judge without delay shall request the Chief Justice of the Supreme Court to temporarily assign an additional judge or judges to duty in such circuit.
(d) Local Rules.
(1) All local rules concerning practice and procedure, not in conflict with any rule promulgated by the Supreme Court, which are in force in any trial court on July 1, 1957, are hereby recognized, ratified and confirmed, subject to formal approval or disapproval of the Supreme Court at such time as it may formally act thereon.
(3) Such courts shall have power to amend, rescind and adopt local rules not in conflict with any rule promulgated by the Supreme Court, provided that any such action shall not be effective until approved by the Supreme Court.
RULE 1.030. ATTORNEYS.
(a) Pleadings to be Signed by Attorney. Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name whose address shall be stated and who shall be duly licensed to practice law in Florida. He may be required by order of court to vouch for his authority to represent and to give the address of such party. Except when otherwise specifically provided by these rules or an applicable statute, pleadings as such need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by him that he has read the pleading or other paper; that to the best of his knowledge, information and belief there is good ground to support it and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other paper had not been served.
(b) Party not Represented by Attorney to Sign. A party who has no attorney but represents himself shall sign his pleading or other paper and state his address.
(c) Attorney not to be Surety. No attorney or other officer of court shall enter himself or be taken as bail or surety in any proceeding in court on pain of being considered in contempt.
(d) Stipulations. No private agreement or consent between parties or their attorneys (e) Substitution of Attorneys. Attorneys for a party may be substituted at any time by order of court. No substitute attorney shall be permitted to appear in the absence of such an order. The court may condition such substitution upon payment of or security for the substituted attorney's fee and expenses or upon such other terms as may be just.
shall be of any force unless the evidence thereof is in writing, subscribed by the party or his attorney against whom it is alleged; provided that parole agreements may be made before the court if promptly made a part of the record or incorporated in the stenographic notes of the proceedings and agreements made at depositions which are incorporated in the transcript thereof need not be signed when signing thereof is waived.
Committee Note: Common Law Rule 12 and Equity Rule 7.
RULE 1.040. ONE FORM OF ACTION.
There shall be one form of action to be known as 'civil action.'
Committee Note: Federal Rule 2.
RULE 1.050. WHEN ACTION COMMENCED.
Every action of a civil nature shall be deemed connenced when the complaint or petition is filed except that ancillary proceedings shall be deemed commenced when the writ is issued or the pleading setting forth the claim of the party initiating the action is filed.
Committee Note: Common Law Rule 4 and Equity Rule 4.
RULE 1.060. TRANSFERS OF ACTIONS.
(a) Transfers of Courts. If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in Rule 1.170(j).
(b) Wrong Venue. When any action is filed laying venue in the wrong county or district, the court may transfer the action in the same manner as provided in Rule 1.170(j) to the proper court in any county or district where it might have been brought in accordance with the venue statutes. When the venue might have been laid in two or more counties or districts, the person bringing such action may select the county or district to which the action is transferred; but if no such selection is made, the matter shall be determined by the court.
Committee Note: Adapted from Equity Rule 75 and 53.17 F.S.
RULE 1.070. PROCESS.
(a) Summons-Issuance. Upon the commencement of the action summons or other process authorized by law shall be issued forthwith by the clerk or judge and delivered for service without praecipe.
(b) Service-By Whom Made. Service of process may be made by any officer authorized by law to serve process but if such officer shall be disqualified or unable to act for any reason, the court may appoint any competent person not interested in the action to serve such process. The person cerving process shall make proof of service promptly and in any event within the time during which the person served must respond to the process. If service is made by a person appointed by the court for such purpose, he shall make proof of serving by affidavit. Failure to make proof of service shall not affect the validity of the service. When any process is returned improperly executed as to any defendant, the plaintiff shall be entitled to such additional process against such defendant, as is required to effect service.
(c) Same-Numerous Defendants. If there is more than one defendant, the clerk (d) Same--Proceed Against...
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