In this pharmaceutical malpractice case, the plaintiff obtained an order under Florida Statute § 415.1115 to “advance the trial on the docket” as a result of the “age and health” of the plaintiff. After expending the trial, the plaintiff herself was late in disclosing her damages expert to the defendant. The trial court allowed the late disclosure but did not grant a continuance to allow the defendant to secure a rebuttal witness. The appellate court reversed, holding that the plaintiff could not use the statute “as a shield from the consequences of late discovery disclosure and a sword to cut off the opposition’s ability to prepare for trial.”
The amendment covers seven civil procedure rules: 1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions Governing Discovery); 1.340 (Interrogatories to Parties); 1.350 (Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes); 1.380 (Failure to Make Discovery; Sanctions); and 1.410 (Subpoena).
The amendment largely mirrors the Federal Rules, but does not require an initial case management conference.