1.200 Pretrial Procedure
This rule was published to the web on Sunday, 25 October 2009
(a) Case Management Conference. At any time after responsive pleadings or motions are due, the court may order, or a party, by serving a notice, may convene, a case management conference. The matter to be considered shall be specified in the order or notice setting the conference. At such a conference the court may:
(1) schedule or reschedule the service of motions, pleadings, and other papers;
(2) set or reset the time of trials, subject to rule 1.440(c);
(3) coordinate the progress of the action if the complex litigation factors contained in rule 1.201(a)(2)(A) – (H) are present;
(4) limit, schedule, order, or expedite discovery;
(5) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts;
(6) schedule or hear motions in limine;
(7) pursue the possibilities of settlement;
(8) require filing of preliminary stipulations if issues can be narrowed;
(9) consider referring issues to a magistrate for findings of fact; and
(10) schedule other conferences or determine other matters that may aid in the disposition of the action.
(b) Pretrial Conference. After the action is at issue the court itself may or shall on the timely motion of any party require the parties to appear for a conference to consider and determine:
(1) the simplification of the issues;
(2) the necessity or desirability of amendments to the pleadings;
(3) the possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;
(4) the limitation of the number of expert witnesses;
(5) the potential use of juror notebooks; and
(6) any matters permitted under subdivision (a) of this rule.
(c) Notice. Reasonable notice shall be given for a case management conference, and 20 days. notice shall be given for a pretrial conference. On failure of a party to attend a conference, the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action. Any documents that the court requires for any conference shall be specified in the order. Orders setting pretrial conferences shall be uniform throughout the territorial jurisdiction of the court.
(d) Pretrial Order. The court shall make an order reciting the action taken at a conference and any stipulations made. The order shall control the subsequent course of the action unless modified to prevent injustice.
No. 1 — July 15th, 2011 at 2:57 pm
Dedmom v. Kelly – Error to Dismiss Case – 4th DCA…
The trial court abused its discretion by dismissing the case after the Plaintiffs failed to attend a case management conference. The Plaintiffs had hired a new attorney, who had a filed a Motion for Approval of Stipulation for Substitution of Counsel. The Plaintiffs’ attorney had twice scheduled the motion for hearing and twice the trial court had ran out of time to hear the motion. The clerk sent notice of the case management to the former attorney’s office and when the conference came up on the calendar neither the new attorney, nor the Plaintiffs, attended the case management conference. They had not received any notice. Nevertheless, the trial court dismissed the case.
Citing Camerota v. Kaufman, 666 So.2d 1042 (Fla. 4th DCA) and Rule 1.200(c), Fla. R. Civ. Pro., the Fourth DCA found that a finding of willful and contumacious behavior is necessary to support such a dismissal and overturned the trial court’s decision.