CourtListener 10774892•In Re: Amendments to Florida Rules of Civil Procedure 1.350 and 1.370
In Re: Amendments to Florida Rules of Civil Procedure 1.350 and 1.370
CourtListener 10774892Fla15 janv. 2026
Texte intégral
Supreme Court of Florida
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No. SC2024-0779
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IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL
PROCEDURE 1.350 AND 1.370.
January 15, 2026
PER CURIAM.
The Florida Bar’s Civil Procedure Rules Committee filed a
report proposing amendments to Florida Rules of Civil Procedure
1.350 (Production of Documents and Things and Entry on Land for
Inspection and Other Purposes) and 1.370 (Requests for
Admission). 1 The Court and the Committee separately published
the proposed amendments for comment. No comments were
received in response to either publication.
We adopt the amendments to rules 1.350 and 1.370 proposed
by the Committee with modifications. In rule 1.350, we amend
subdivisions (b)(2) and (b)(4) to require, respectively, that requests
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
for production and responses to requests for production (i.e., the
pleading without any of the documents being produced) be served
on all parties in a case. And we correspondingly amend rule
1.370(a) to require that requests for admissions and responses to
requests for admissions be served on all parties in a case.
Accordingly, the Florida Rules of Civil Procedure are amended
as set forth in the appendix to this opinion. New language is
indicated by underscoring; deletions are indicated by struck-
through type. The amendments become effective on April 1, 2026,
at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and LABARGA, COURIEL, GROSSHANS, FRANCIS,
and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT
ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Civil Procedure
Maegen Peek Luka, Co-Chair, Civil Procedure Rules Committee,
Tampa, Florida, Rebecca Mercier Vargas, Co-Chair, Civil
Procedure Rules Committee, Palm Beach Gardens, Florida,
Joshua E. Doyle, Executive Director, The Florida Bar,
Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison,
The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
(a) [No Change]
(b) Procedure.
(1) [No Change]
(2) Requests must be served on all parties. The request
must set forth the items to be inspected, either by individual item or
category, and describe each item and category with reasonable
particularity.
(3) [No Change]
(4) Responses must be served on all parties. For each
item or category the response must state that inspection and
related activities will be permitted as requested or state with
specificity the grounds for objecting to the request, including the
reasons.
(5) – (9) [No Change]
(c) – (d) [No Change]
Committee Notes
[No Change]
RULE 1.370. REQUESTS FOR ADMISSION
(a) Request for Admission.
(1) A party may serve on any other party a written
request for the admission of the truth of any matters within the
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scope of rule 1.280(c) set forth in the request that relate to
statements or opinions of fact or of the application of law to fact,
including the genuineness of any documents described in the
request.
(2) Requests and responses must be served on all
parties. Copies of documents shallmust be served with the request
unless they have been or are otherwise furnished or made available
for inspection and copying.
(3) Without leave of court the request may be served
upon the plaintiff after commencement of the action and upon any
other party with or after service of the process and initial pleading
upon that party.
(4) The request for admission shallmust not exceed 30
requests, including all subparts, unless the court permits a larger
number on motion and notice and for good cause, or the parties
propounding and responding to the requests stipulate to a larger
number.
(5) Each matter of which an admission is requested
shallmust be separately set forth.
(6) The matter is admitted unless the party to whom
the request is directed serves upon the party requesting the
admission a written answer or objection addressed to the matter
within 30 days after service of the request or such shorter or longer
time as the court may allow but, unless the court shortens the time,
a defendant shallis not be required to serve answers or objections
before the expiration of 45 days after service of the process and
initial pleading upon the defendant.
(7) If objection is made, the reasons shallmust be
stated.
(8) The answer shallmust specifically deny the matter
or set forth in detail the reasons why the answering party cannot
truthfully admit or deny the matter.
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(9) A denial shallmust fairly meet the substance of the
requested admission, and when good faith requires that a party
qualify an answer or deny only a part of the matter of which an
admission is requested, the party shallmust specify so much of it as
is true and qualify or deny the remainder.
(10) An answering party may not give lack of information
or knowledge as a reason for failure to admit or deny unless that
party states that that party has made reasonable inquiry and that
the information known or readily obtainable by that party is
insufficient to enable that party to admit or deny.
(11) A party who considers that a matter of which an
admission has been requested presents a genuine issue for trial
may not object to the request on that ground alone; the party may
deny the matter or set forth reasons why the party cannot admit or
deny it, subject to rule 1.380(c).
(12) The party who has requested the admissions may
move to determine the sufficiency of the answers or objections.
(13) Unless the court determines that an objection is
justified, it shallwill order that an answer be served.
(14) If the court determines that an answer does not
comply with the requirements of this rule, it may order either that
the matter is admitted or that an amended answer be served.
(15) Instead of these orders the court may determine
that final disposition of the request be made at a pretrial conference
or at a designated time before trial.
(16) The provisions of rule 1.380(a)(4) apply to the award
of expenses incurred in relation to the motion.
(b) Effect of Admission.
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(1) Any matter admitted under this rule is conclusively
established unless the court on motion permits withdrawal or
amendment of the admission.
(2) Subject to rule 1.200 governing amendment of a
pretrial order, the court may permit withdrawal or amendment
when the presentation of the merits of the action will be subserved
by it and the party who obtained the admission fails to satisfy the
court that withdrawal or amendment will prejudice that party in
maintaining an action or defense on the merits.
(3) Any admission made by a party under this rule is
for the purpose of the pending action only and is not an admission
for any other purpose nor may it be used against that party in any
other proceeding.
Committee Notes
[No Change]
Authors’ Comment
[No Change]
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