Dismissal; Trial Settings (12.420 – .440)

RULE 12.420. DISMISSAL OF ACTIONS

Dismissal of actions shall be governed by Florida Rule of Civil Procedure 1.420, with the following two exceptions.

(a) Voluntary Dismissal. Unless otherwise specified in a notice or stipulation, a voluntary dismissal shall be without prejudice and shall not operate as an adjudication on the merits.

   

(b) Costs. Costs shall be assessed as provided in rule 1.420(d), except that the court shall not require the payment of costs of a previously dismissed claim, which was based upon or included the same claim against the same adverse party as the current action.

RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER

Demands for and waivers of jury trial shall be governed by Florida Rule of Civil Procedure 1.430.

RULE 12.431. TRIAL JURY

Trials by jury shall be governed by Florida Rule of Civil Procedure 1.431.

RULE 12.440. SETTING ACTION FOR TRIAL

Florida Rule of Civil Procedure 1.440 shall govern general provisions concerning setting an action for trial in family law matters, with the following exceptions and additions.

(a) Setting for Trial. If the court finds the action ready to be set for trial, it shall enter an order setting the action for trial, fixing a date for trial, and setting a pretrial conference, if necessary. In the event a default has been entered, reasonable notice of not less than 10 days shall be given unless otherwise required by law. In actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with Florida Rule of Judicial Administration 2.516. Trial shall be set within a reasonable time from the service of the notice for trial. At the pretrial conference, the parties should be prepared, consistent with Florida Family Law Rule of Procedure 12.200, to present any matter that will prepare the parties for trial and that can expedite the resolution of the case. The trial court may also direct the parties to reciprocally exchange and file with the court all documents relative to the outcome of the case; a list of all witnesses, all issues to be tried, and all undisposed motions; an estimate of the time needed to try the case; and any other information the court deems appropriate. Any court filings shall be in conformity with Florida Rule of Judicial Administration 2.425. This information should be served and filed no later than 72 hours before the pretrial conference or 30 days before the trial.

(b) Sanctions. The failure to comply with the requirements of the order setting the action for trial shall subject the party or attorney to appropriate court sanctions.

RULE 12.442. PROPOSALS FOR SETTLEMENT

Florida Rule of Civil Procedure 1.442 shall not apply in proceedings governed by these rules.

 

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