The Supreme Court of Florida has issued new amendments to the Florida Rule of Civil Procedure 1.200 governing Case Management; Pretrial Procedure effective January 1, 2027. Now after January 1, 2027 when a trial is continued or is not reached during the scheduled trial period, the court must consider party availability, along with the case needs when resetting the trial date. However, no true guidance goes along with what “party availability means”, but most of the comments submitted before the Court’s latest amendment were trying to address the impact of numerous trial dockets throughout the year affecting attorney’s own management of their heath – inclusive of concerns about scheduling surgeries or going on vacations. However, the Court declined to revise the rule to address those comments. The unchanged subsection (h)(2) requires the court to identify what activity is permitted including discovery, expert and motion deadlines rather than assuming the new trial dates reopens everything. Although some Courts have already started indicating what, if any, deadlines are re-set, all Courts must include this in trial notices when the case is being rolled to another docket.
