IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.041 AND FORM 1.933. (2023)

The Florida Bar's Civil Procedure Rules Committee filed a report proposing new Florida Rule of Civil Procedure 1.041 (Limited Appearance Attorneys) as well as amendments to Form 1.933 (Account Stated).¹ The proposed amendments were unanimously approved by the Committee, and The Florida Bar's Board of Governors recommends adoption of the proposed changes. The Committee published its proposal and received one comment. The Court also published the proposed amendments and received one comment, which led to the Committee revising its proposal.

The Court hereby adopts new rule 1.041, as revised by the Committee, to create a procedure for an attorney to appear in a limited manner in civil proceedings. The new rule authorizes an attorney to file a notice limiting the attorney's appearance to particular proceedings or specified matters prior to any appearance before the court. It also explains that during the attorney's limited appearance, all pleadings must be served on all parties, including the limited appearance attorney. A limited appearance attorney who receives notice of a hearing that is outside the scope of representation must file a notice stating the matter is outside the scope of representation and that the attorney will not attend the court proceeding or hearing. Finally, the rule provides that termination of a limited appearance must be in accordance with Florida Rule of General Practice and Judicial Administration 2.505.

Furthermore, the Court amends form 1.933 to ensure consistency with the standard jury instructions in contract and business cases. Form 1.933 now requires the plaintiff to indicate whether the plaintiff and defendant agreed to the balance on a specific date, or whether the plaintiff sent a statement to the defendant on a specific date and the defendant failed to object within a reasonable time after receiving the statement. Additionally, the plaintiff must indicate whether the defendant expressly promised to pay the plaintiff the balance due, or the defendant implicitly promised to pay the amount set forth in the statement. The note to form 1.933 is also amended to provide a general instruction that the plaintiff attach supporting documents as required under Florida Rule of Civil Procedure 1.130.

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 shall become effective April 1, 2024, at 12:01 a.m.

It is so ordered.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Appendix

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).

PER CURIAM.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.