As of 2025, Florida’s probate litigation landscape has undergone significant changes, introducing new rules that impact jury trials, summary judgment motions, and the conferral process. These reforms aim to streamline proceedings, promote efficiency, and encourage cooperation among parties. Even now, well into the year, attorneys and laypeople alike continue to face challenges navigating these new requirements, making it critical to understand them thoroughly.
Right to Jury Trials in Probate Matters
Historically, probate cases in Florida were adjudicated solely by judges. The 2025 amendments to the Florida Rules of Civil Procedure now grant parties the right to demand a jury trial in probate matters, aligning state procedures more closely with federal practices. This shift is expected to increase the complexity and duration of probate litigation, necessitating more rigorous case management and adherence to procedural timelines.
Summary Judgment: New Deadlines and Procedures
Amended Rule 1.510 introduces significant changes to the summary judgment process:
- Response Deadlines: The non-moving party must serve a response, including supporting factual positions, no later than 60 days after service of the motion for summary judgment.
- Hearing Scheduling: Any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.
These changes provide a structured timeline, reducing ambiguity and ensuring both parties have adequate time to prepare.
The Duty to Confer in Good Faith
Rule 1.202 mandates that attorneys confer in good faith before filing most non-dispositive motions. This requirement is designed to reduce unnecessary motions and encourage settlement discussions early in the litigation process. Key aspects include:
- Genuine Attempt to Resolve: Attorneys must make a sincere effort to resolve disputes without court intervention.
- Documentation: All conferral efforts, including dates, methods of communication, and responses, should be documented.
- Certificate of Conferral: Most motions require a Certificate of Conferral detailing these efforts before filing.
Even now, attorneys continue to encounter difficulties in meeting these requirements, and misunderstandings about what constitutes “good faith” can lead to delays, denied motions, or potential sanctions. It is essential for both attorneys and non-lawyers involved in probate matters to understand these rules.
Best Practices for Effective Conferral
To navigate the conferral requirement successfully, attorneys should:
- Initiate Early: Begin the conferral process as soon as an issue arises to allow ample time for discussion.
- Document All Efforts: Keep detailed records of all communications, including emails, phone calls, and meeting notes.
- Be Persistent but Professional: Follow up if the opposing party is unresponsive, using multiple communication methods if needed.
- Seek Court Intervention When Necessary: If meaningful conferral is not possible despite diligent efforts, document attempts and inform the court.
Adhering to these practices demonstrates a commitment to resolving disputes amicably and ensures compliance with the new procedural requirements.
Conclusion
The 2025 amendments to Florida’s probate litigation rules—including the introduction of jury trials, revised summary judgment procedures, and the duty to confer in good faith—represent a significant shift toward more structured and cooperative legal proceedings. Even now, navigating these rules can be challenging for both attorneys and laypeople. Understanding and implementing these changes is crucial for ensuring efficient, effective, and compliant probate litigation.
