Fla. R. Civ. P. 1.201

Complex Litigation

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RULE 1.201. 	COMPLEX LITIGATION
(a) 	Complex Litigation Defined. At any time after all
defendants have been served, and an appearance has been entered
in response to the complaint by each party or a default entered, any
party, or the court on its own motion, may move to declare an
action complex. However, any party may move to designate an
action complex before all defendants have been served subject to a
showing to the court why service has not been made on all

defendants. The court may convene a hearing to determine whether
the action requires the use of complex litigation procedures.
(1) 	A “complex action” is one that is likely to involve
complicated legal or case management issues and that may require
extensive judicial management to expedite the action, keep costs
reasonable, or promote judicial efficiency.
(2) 	In deciding whether an action is complex, the court
must consider whether the action is likely to involve:
(A) 	numerous pretrial motions raising difficult or
novel legal issues or legal issues that are inextricably intertwined
that will be time-consuming to resolve;
(B) 	management of a large number of separately
represented parties;
(C) 	coordination with related actions pending in
one or more courts in other counties, states, or countries, or in a
federal court;
(D) 	pretrial management of a large number of
witnesses or a substantial amount of documentary evidence;
(E) 	substantial time required to complete the trial;
(F) 	management at trial of a large number of
experts, witnesses, attorneys, or exhibits;
(G) 	substantial post-judgment judicial
supervision; and
(H) 	any other analytical factors identified by the
court or a party that tend to complicate comparable actions and
which are likely to arise in the context of the instant action.
(b) 	Initial Case Management Report and Conference. The
court must hold an initial case management conference within 60
days from the date of the order declaring the action complex.

(1) 	At least 20 days prior to the date of the initial case
management conference, attorneys for the parties as well as any
parties appearing pro se must confer and prepare a joint statement,
which must be filed with the clerk of the court no later than 14
days before the conference, outlining a discovery plan and stating:
(A) 	a brief factual statement of the action, which
includes the claims and defenses;
(B) 	a brief statement on the theory of damages by
any party seeking affirmative relief;
(C) 	the likelihood of settlement;
(D) 	the likelihood of appearance in the action of
additional parties and identification of any nonparties to whom any
of the parties will seek to allocate fault;
(E) 	the proposed limits on the time:
(i) 	to join other parties and to amend the
pleadings;
(ii) 	to file and hear motions;
(iii) 	to identify any nonparties whose identity
is known, or otherwise describe as specifically as practicable any
nonparties whose identity is not known;
(iv) 	to disclose expert witnesses; and
(v) 	to complete discovery;
(F) 	the names of the attorneys responsible for
handling the action;
(G) 	the necessity for a protective order to facilitate
discovery;
(H) 	proposals for the formulation and
simplification of issues, including the elimination of frivolous claims

or defenses, and the number and timing of motions for summary
judgment or partial summary judgment;
(I) 	the possibility of obtaining admissions of fact
and voluntary exchange of documents and electronically stored
information, stipulations regarding authenticity of documents,
electronically stored information, and the need for advance rulings
from the court on admissibility of evidence;
(J) 	the possibility of obtaining agreements among
the parties regarding the extent to which such electronically stored
information should be preserved, the form in which such
information should be produced, and whether discovery of such
information should be conducted in phases or limited to particular
individuals, time periods, or sources;
(K) 	suggestions on the advisability and timing of
referring matters to a magistrate, master, other neutral, or
mediation;
(L) 	a preliminary estimate of the time required for
trial;
(M) 	requested date or dates for conferences before
trial, a final pretrial conference, and trial;
(N) 	a description of pertinent documents and a list
of fact witnesses the parties believe to be relevant;
(O) 	number of experts and fields of expertise; and
(P) 	any other information that might be helpful to
the court in setting further conferences and the trial period.
(2) 	Lead trial counsel and a client representative must
attend the initial case management conference.
(3) 	At the initial case management conference, the
court will set the trial period no sooner than 6 months and no later
than 24 months from the date of the conference unless good cause

is shown for an earlier or later setting. The trial period must be on a
docket having sufficient time within which to try the action and,
when feasible, for a date or dates certain. The trial period must be
set after consultation with counsel and in the presence of all clients
or authorized client representatives. The court must, no later than 2
months before the date scheduled for jury selection, arrange for a
sufficient number of available jurors. Continuance of the trial of a
complex action should rarely be granted and then only upon good
cause shown. Any motion for continuance will be governed by rule
1.460.
(c) 	The Case Management Order. Within 10 days after
completion of the initial case management conference, the court
must enter a case management order. The case management order
must address each matter set forth under rule 1.200(d)(2) and set
the action for a pretrial conference and trial. The case management
order also must specify the following:
(1) 	Dates by which all parties must name their expert
witnesses and provide the expert information required by rule
1.280(c)(5). If a party has named an expert witness in a field in
which any other parties have not identified experts, the other
parties may name experts in that field within 30 days thereafter. No
additional experts may be named unless good cause is shown.
(2) 	Not more than 10 days after the date set for naming
experts, the parties must meet and schedule dates for deposition of
experts and all other witnesses not yet deposed. At the time of the
meeting each party is responsible for having secured three
confirmed dates for its expert witnesses. In the event the parties
cannot agree on a discovery deposition schedule, the court, on
motion, must set the schedule. Any party may file the completed
discovery deposition schedule agreed on or entered by the court.
Once filed, the deposition dates in the schedule may not be altered
without consent of all parties or on order of the court. Failure to
comply with the discovery schedule may result in sanctions in
accordance with rule 1.380.
(3) 	Dates by which all parties are to complete all other
discovery.

(4) 	The court must schedule periodic case management
conferences and hearings on lengthy motions at reasonable
intervals based on the particular needs of the action. In addition to
the conferral required under rule 1.202, the attorneys for the
parties as well as any parties appearing pro se must confer no later
than 15 days prior to each case management conference or hearing.
The parties must notify the court immediately if a case management
conference or hearing time becomes unnecessary. Failure to timely
notify the court that a case management conference or hearing time
is unnecessary may result in sanctions.
(5) 	The case management order may include a briefing
schedule setting forth a time period within which to file briefs or
memoranda, responses, and reply briefs or memoranda, prior to the
court considering such matters.
(6) 	A deadline for conducting alternative dispute
resolution.
(7) 	The case management order must be consistent
with the time standard in Florida Rule of General Practice and
Judicial Administration 2.250(a)(1)(B) for the completion of complex
cases.
(d) 	Final Case Management Conference. The court must
schedule a final case management conference not less than 90 days
before the date the case is set for trial. At least 10 days before the
final case management conference the parties must confer to
prepare a case status report, which must be filed with the clerk of
the court either before or at the time of the final case management
conference. The status report must contain in separately numbered
paragraphs:
(1) 	A list of all pending motions requiring action by the
court and the date those motions are set for hearing.
(2) 	Any change regarding the estimated trial time.
(3) 	The names of the attorneys who will try the case.

(4) 	A list of the names and addresses of all non-expert
witnesses (including impeachment and rebuttal witnesses) intended
to be called at trial. 	However, impeachment or rebuttal witnesses
not identified in the case status report may be allowed to testify if
the need for their testimony could not have been reasonably
foreseen at the time the case status report was prepared.
(5) 	A list of all exhibits intended to be offered at trial.
(6) 	Certification that copies of witness and exhibit lists
will be filed with the clerk of the court at least 48 hours before the
date and time of the final case management conference.
(7) 	A deadline for the filing of amended lists of
witnesses and exhibits, which amendments will be allowed only
upon motion and for good cause shown.
(8) 	Any other matters which could impact the timely
and effective trial of the action.
Committee Notes
2012 Amendment. Subdivision (b)(1)(J) is added to address
issues involving electronically stored information.

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