The Florida Supreme Court adopted amendments to Florida Rules of Civil Procedure 1.350 and 1.370 on Jan. 15, establishing new requirements for serving discovery requests and responses on all parties in civil litigation. The amendments will take effect April 1, 2026, at 12:01 a.m.
The court issued a per curiam opinion in *In Re: Amendments to Florida Rules of Civil Procedure 1.350 and 1.370* (Fla. 2026), adopting proposals from the Florida Bar's Civil Procedure Rules Committee with modifications. The unanimous decision included Chief Justice Muñiz and Justices Labarga, Couriel, Grosshans, Francis, and Sasso.
Rule 1.350 governs the production of documents and things and entry on land for inspection and other purposes. The amendments modify subdivisions (b)(2) and (b)(4) to require that requests for production and responses to such requests be served on all parties in a case. Previously, these discovery materials were typically exchanged only between the requesting and responding parties.
The court emphasized that under the new rule, responses to requests for production must be served on all parties, though this refers to "the pleading without any of the documents being produced." This means all parties will receive copies of the formal response documents but not necessarily the actual documents produced in response to the discovery request.
Rule 1.370, which addresses requests for admission, received corresponding amendments. The court modified subdivision (a) to require that requests for admissions and responses to requests for admissions be served on all parties in a case. This change ensures consistency between the two discovery rules and promotes broader transparency in civil litigation.
The amendment process began when the Florida Bar's Civil Procedure Rules Committee filed a report proposing these changes. Both the court and the committee published the proposed amendments for public comment, following established procedures for rule modifications. No comments were received in response to either publication, indicating no public opposition to the proposed changes.
The court exercised its constitutional authority under article V, section 2(a) of the Florida Constitution and Florida Rule of General Practice and Judicial Administration 2.140(b)(1) to adopt these procedural amendments. The per curiam opinion noted this jurisdictional basis for the court's action.
These amendments represent a shift toward greater transparency in Florida civil litigation. By requiring service on all parties, the rules ensure that every participant in a case has access to discovery requests and responses, even if they are not directly involved in a particular discovery exchange. This change could help prevent surprise at trial and promote more efficient case management.
The practical implications of these amendments extend to attorneys practicing civil litigation in Florida. Legal practitioners will need to update their discovery practices to ensure compliance with the new service requirements. This may involve additional administrative work and costs associated with serving additional parties, but could also lead to better case preparation and fewer disputes about discovery.
For multi-party litigation, the amendments could prove particularly significant. In complex cases involving multiple defendants or third-party claims, all parties will now receive copies of discovery requests and responses throughout the litigation. This transparency could facilitate settlement negotiations and help parties better understand the scope of claims and defenses.
The timing of the effective date provides practitioners with approximately 10 weeks to adjust their procedures and systems to comply with the new requirements. The court specified that the filing of a motion for rehearing will not alter the April 1, 2026, effective date, providing certainty for implementation planning.
The amendments follow the standard format for rule changes, with new language indicated by underscoring and deletions shown by struck-through type in the appendix to the opinion. This formatting helps practitioners identify exactly what changes from the current rule language.
Legal professionals involved in the amendment process included Maegen Peek Luka and Rebecca Mercier Vargas, who served as co-chairs of the Civil Procedure Rules Committee, along with Joshua E. Doyle, executive director of the Florida Bar, and Heather Savage Telfer, bar liaison.
The amendments align with broader trends in civil procedure toward increased transparency and information sharing among parties. Similar reforms in other jurisdictions have aimed to reduce litigation costs and promote more efficient resolution of disputes through better information access.
As the April 1 effective date approaches, Florida civil practitioners should review their current discovery procedures and update their practices to ensure compliance with the new service requirements. The changes, while procedural in nature, represent an important evolution in Florida's approach to civil discovery and case management.