Fla. R. Civ. P. 1.650

Medical Malpractice Presuit Screening Rule

sha256 fbb893c893b2521e7b0879a70d6dde1a… · retrieved 7/11/2026, 11:08:33 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.650. 	MEDICAL MALPRACTICE PRESUIT SCREENING
RULE
(a) 	Scope of Rule. This rule applies only to the procedures
prescribed by section 766.106, Florida Statutes, for presuit
screening of claims for medical malpractice.
(b) 	Service of Notice of Intent to Initiate Litigation.
(1) 	Before filing a complaint for medical negligence, a
claimant must serve a notice of intent to initiate litigation on each
prospective defendant by any of the verifiable means provided by
section 766.106(2)(a), Florida Statutes. A notice served on any
prospective defendant must operate as notice to that prospective
defendant and any other prospective defendant who bears a legal
relationship to the prospective defendant served with the notice.
The notice must make the served prospective defendant a party to
the proceeding under this rule.

(2) 	The notice must include the names and addresses
of all other parties and must be sent to each party.
(3) 	If, during subsequent litigation, service is
challenged in the first response to the complaint, the court must
conduct an evidentiary hearing as provided by section
766.106(2)(b)(2), Florida Statutes.
(c) 	Discovery.
(1) 	Types. After a prospective defendant has been
served with a notice of intent to initiate litigation, the parties may
obtain presuit screening discovery by 1 or more of the following
methods: unsworn statements on oral examination; production of
documents or things; physical examinations; written questions; and
unsworn statements of treating health care providers. Unless
otherwise provided in this rule, the parties must make discoverable
information available without formal discovery. Evidence of failure
to comply with this rule may be grounds for dismissal of claims or
defenses ultimately asserted
(2) 	Procedures for Conducting.
(A) 	Unsworn Statements. Any party may require
other parties to appear for the taking of an unsworn statement. The
statements must only be used for the purpose of presuit screening
and are not discoverable or admissible in any civil action for any
purpose by any party. A party desiring to take the unsworn
statement of any party must give reasonable notice in writing to all
parties. The notice must state the time and place for taking the
statement and the name and address of the party to be examined.
Unless otherwise impractical, the examination of any party must be
done at the same time by all other parties. Any party may be
represented by an attorney at the taking of an unsworn statement.
Statements may be transcribed or electronically recorded, or
audiovisually recorded. The taking of unsworn statements of minors
is subject to the provisions of rule 1.310(b)(8). The taking of
unsworn statements is subject to the provisions of rule 1.310(d)
and may be terminated for abuses. If abuses occur, the abuses

must be evidence of failure of that party to comply with the good
faith requirements of section 766.106, Florida Statutes.
(B) 	Documents or Things. At any time after service
of a notice of intent to initiate litigation on a prospective defendant,
a party may request discoverable documents or things. The
documents or things must be produced at the expense of the
requesting party within 20 days of serving the request. A party is
required to produce discoverable documents or things within that
party’s possession or control. Copies of documents produced in
response to the request of any party must be served on all other
parties. The party serving the documents must list the name and
address of the parties on whom the documents were served, the
date of service, the manner of service, and the identity of the
document served in the certificate of service. Failure of a party to
comply with the above time limits must not relieve that party of its
obligation under the statute but must be evidence of failure of that
party to comply with the good faith requirements of section
766.106, Florida Statutes.
(C) 	Physical Examinations. After a prospective
defendant has been served with a notice of intent to initiate
litigation and within the presuit screening period, a party may
require a claimant to submit to a physical examination. The party
must give reasonable notice in writing to all parties of the time and
place of the examination. Unless otherwise impractical, a claimant
must be required to submit to only one examination on behalf of all
parties. The practicality of a single examination must be determined
by the nature of the claimant’s condition as it relates to the
potential liability of each party. The report of examination must be
made available to all parties on payment of the reasonable cost of
reproduction. The report must not be provided to any person not a
party at any time. The report must only be used for the purpose of
presuit screening and the examining physician may not testify
concerning the examination in any subsequent civil action. All
requests for physical examinations or notices of unsworn
statements must be in writing and a copy served on all parties. The
requests or notices must bear a certificate of service identifying the
name and address of the person on whom the request or notice is

served, the date of the request or notice, and the manner of service.
Any minor required to submit to examination under this rule must
have the right to be accompanied by a parent or guardian at all
times during the examination, except on a showing that the
presence of a parent or guardian is likely to have a material,
negative impact on the minor’s examination.
(D) 	Written Questions. Any party may request
answers to written questions, the number of which may not exceed
30, including subparts. The party to whom the written questions
are directed must respond within 20 days of service of the
questions. Copies of the answers to the written questions must be
served on all other parties. The party serving the answer to the
written questions shall list the name and address of the parties on
whom the answers to the written questions were served, the date of
service, and the manner of service in the certificate of service.
Failure of a party to comply with the above time limits will not
relieve that party of its obligation under the statute, but will be
evidence of failure of that party to comply with the good faith
requirements of section 766.106, Florida Statutes.
(E) 	Unsworn Statements of Treating Healthcare
Providers. A prospective defendant or his or her legal representative
may also take unsworn statements of the claimant’s treating
healthcare providers. The statements must be limited to those areas
that are potentially relevant to the claim of personal injury or
wrongful death. Subject to the procedural requirements of
subdivision (c)(2)(A), a prospective defendant may take unsworn
statements from claimant’s treating health care providers. The
statements must only be used for the purpose of presuit screening
and are not discoverable or admissible in any civil action for any
purpose by any party. A party desiring to take the unsworn
statement of treating healthcare providers must give reasonable
notice in writing to all parties. The notice must state the time and
place for taking the statement and the name and address of the
treating healthcare provider to be examined. Unless otherwise
impractical, the examination of any treating healthcare provider
must be done at the same time by all other parties. Any party may
be represented by an attorney at the taking of an unsworn

statement of treating healthcare providers. Statements may be
transcribed or electronically recorded, or audiovisually recorded.
The taking of unsworn statements of a treating healthcare provider
is subject to the provisions of rule 1.310(d) and may be terminated
for abuses. If abuses occur, the abuses will be evidence of failure of
that party to comply with the good faith requirements of section
766.106, Florida Statutes.
(3) 	Work Product. Work product generated by the
presuit screening process that is subject to exclusion in a
subsequent proceeding is limited to verbal or written
communications that originate under the presuit screening process.
(d) 	Time Requirements.
(1) 	Before the expiration of any applicable statute of
limitations or statute of repose, the notice of intent to initiate
litigation must be mailed to the prospective defendant as provided
in sections 766.106(2)(a)1.–3., Florida Statutes, or an attempt to
serve the prospective defendant must be made in accordance with
section 766.106(2)(a)4., Florida Statutes. If an extension has been
granted under section 766.104(2), Florida Statutes, or by agreement
of the parties, the notice must be mailed or service first attempted
within the extended period.
(2) 	A suit may not be filed against any prospective
defendant for a period of 90 days after the notice of intent to initiate
litigation was delivered to that party. A suit may be filed against any
party at any time after the notice of intent to initiate litigation has
been served and after the claimant has received a written rejection
of the claim from that party.
(3) 	To avoid being barred by the applicable statute of
limitations, an action must be filed within 60 days or within the
remainder of the time of the statute of limitations after the notice of
intent to initiate litigation was served, whichever is longer, after the
earliest of the following:
(A) 	The expiration of 90 days after the date of
service of the notice of intent to initiate litigation.

(B) 	The expiration of 180 days after service of the
notice of intent to initiate litigation if the claim is controlled by
section 768.28(6)(a), Florida Statutes.
(C) 	Receipt by claimant of a written rejection of the
claim.
(D) 	The expiration of any extension of the 90-day
presuit screening period stipulated to by the parties in accordance
with section 766.106(4), Florida Statutes.
Committee Notes
2000 Amendment. The reference to the statute of repose was
added to subdivision (d)(1) pursuant to Musculoskeletal Institute
Chartered v. Parham, 745 So.2d 946 (Fla. 1999).

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