Fla. R. Civ. P. 1.440

Setting Action for Trial

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RULE 1.440. 	SETTING ACTION FOR TRIAL
(a) 	Pleadings. The failure of the pleadings to be closed will
not preclude the court from setting a case for trial.
(b) 	Motion for Trial. For any case not subject to rule 1.200
or rule 1.201 or for any case in which any party seeks a trial for a
date earlier than the projected or actual trial period specified in a
case management order, any party may file and serve a motion to
set the action for trial. The motion must include an estimate of the
time required, whether there is a basis for expedited trial, whether
it is to be a jury or non-jury trial, whether the trial is on the original
action or a subsequent proceeding, and, if applicable, indicate that
the court has authorized the participation of prospective jurors or
empaneled jurors through audio-video communication technology
under rule 1.430(d). The moving party must serve a copy of the
motion on the presiding judge at the time the motion is filed.
(c) 	Setting Trial Period.
(1) 	On a party’s motion or upon the court’s own
initiative, if the court finds the action ready to be set for a trial
period earlier than the projected or actual trial period specified in
the case management order entered under rule 1.200 or rule 1.201,
the court may enter an order setting an earlier trial period.

(2) 	For any case subject to rule 1.200 with a projected
trial period in the case management order, not later than 45 days
before the projected trial period set forth in the case management
order, the court must enter an order setting the trial period.
(3) 	For any case not subject to rule 1.200 or 1.201, on
a party’s motion or upon the court’s own initiative, if the court finds
the action ready to be set for trial, the court must enter an order
setting the trial period.
(4) 	Any order setting a trial period must set the trial
period to begin at least 30 days after the date of the court’s service
of the order, unless all parties agree otherwise.
(d) 	Service on Defaulted Parties. In actions in which the
damages are not liquidated and when otherwise required by rule
1.500(e), the order setting an action for trial must be served on
parties against whom a default has been entered in accordance with
Florida Rule of General Practice and Judicial Administration 2.516.
(e) 	Applicability. This rule does not apply to actions to
under chapter 51, Florida Statutes.
Committee Notes
1972 Amendment. All references to the pretrial conference
are deleted because these are covered in rule 1.200.
1980 Amendment. Subdivision (b) is amended to specify
whether the trial will be on the original pleadings or subsequent
pleadings under rule 1.110(h).
1988 Amendment. Subdivision (c) was amended to clarify a
confusion regarding the notice for trial which resulted from a 1968
amendment.
2012 Amendment. Subdivision (c) is amended to reflect the
relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin.
2.516.

Court Commentary
1984 Amendment. Subdivision (a) is amended by adding a
sentence to emphasize the authority given in rule 1.270(b) for the
severing of issues for trial.
Subdivision (c) is amended to delete the reference to law
actions so that the rule will apply to all actions in which
unliquidated damages are sought.
2024 Amendment. This rule has been substantially amended.
It no longer requires that a case be “at issue” before the case can be
set for trial, and it ties the date of trial directly to any projected trial
period set forth in a case management order.

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