IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE. (2026)

The Florida Bar's Civil Procedure Rules Committee filed a report proposing amendments to Florida Rules of Civil Procedure 1.410 (Subpoena) and 1.442 (Proposals for Settlement), as well as Forms 1.914(c) (Affidavit of Claimant in Response to Notice to Appear), 1.924 (Affidavit of Diligent Search and Inquiry), 1.944(b) (Mortgage Foreclosure), 1.977 (Fact Information Sheet), and 1.981 (Satisfaction of Judgment).¹ The Committee approved the proposed amendments, and it published its proposal for comment on the Bar's website. No comments were received.

After the Committee filed its report, the Court republished the proposed amendments for comment. One comment was received from attorney Tina Willis. The Committee filed a response to the comment.

Having considered the Committee's report, the comment filed, and the Committee's response, we adopt the amendments to rule 1.410 and forms 1.914(c), 1.924, 1.944(b), 1.977, and 1.981 as proposed by the Committee. We decline, however, to adopt the amendments to rule 1.442 proposed by the Committee because the proposed amendments appear to touch on matters of substantive law. See Kuhajda v. Borden Dairy Co. of Ala., 202 So. 3d 391, 395 (Fla. 2016) (“The only purpose of rule 1.442 is to provide a procedural framework to implement the substantive requirements of section 768.79 regarding settlement proposals.”); Timmons v. Combs, 608 So. 2d 1, 2-3 (Fla. 1992) (“[T]he circumstances under which a party is entitled to costs and attorney's fees is substantive and ․ our rule can only control procedural matters.”).

Rule 1.410(d) (Service) is amended to require that proof of service be made “consistent with section 92.525, Florida Statutes,” by the person making service. And the five forms are amended to uniformly require the same information in the signature block and to align the notarial certificates with section 117.05(13), Florida Statutes.

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 January 1, 2027, at 12:01 a.m.

It is so ordered.

APPENDIX

RULE 1.410. SUBPOENA

(a) – (c) [No Change]

(d) Service.

(1)A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age.

(2)Service of a subpoena on a person named within must be made as provided by law.

(3)The proof of service must be made consistent with section 92.525, Florida Statutes, by affidavit ofthe person making service except as applicable under rule 1.351(c) for the production of documents and things by a nonparty without deposition, if not served by an officer authorized by law to do so.

(e) – (h) [No Change]

Committee Notes

[No Change]

FORM 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR

AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR

BEFORE ME, the undersigned authority, appeared ․..(name of claimant or claimant's agent)․, who, after being first duly sworn, deposes, and states, under penalty of perjury:

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Committee Notes

1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).

2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the affidavit. If the claimant's property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes.

FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

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FORM 1.944(b). MORTGAGE FORECLOSURE

(When location of original note unknown)

COMPLAINT

Plaintiff, ABC, sues defendant, XYZ, and states:

1. This is an action to foreclose a mortgage on real property in .......... County, Florida.

2. On ․(date)․, defendant executed and delivered a promissory note and a mortgage securing the payment of said note to ․(plaintiff or plaintiff's predecessor)․ The mortgage was recorded on ․(date)․, in Official Records Book .......... at page .......... of the public records of .......... County, Florida, and mortgaged the property described therein the mortgage which was then owned by and in possession of the mortgagor. A copy of the mortgage and note are attached to the affidavit which is attached heretoas Composite Exhibit “1”; the contents of the affidavit are specifically incorporated by reference.

3. Plaintiff is not in possession of the note but is entitled to enforce it.

4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because:

(a) the note was destroyed.;

(b) the note is lost.;

(c) the note is in the wrongful possession of an unknown person.; or

(d) the note is in the wrongful possession of a person that cannot be found or is not amenable to service of process.

5. (select a, b, c, d, e, or f)

(a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage.

(b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because ․(allege specific facts)․

(c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: ․(allege facts as to transfer of ownership)․

(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents if not already attached).

(e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note when loss of possession occurred because ․(allege specific facts)․ The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents if not already attached).

(f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred, as follows: ․(allege specific facts)․ the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents if not already attached).

6. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure.

7. The property is now owned by defendant who holds possession.

8. Defendant has defaulted under the note and mortgage by failing to pay the payment(s) due ..․(date(s))․.., and all subsequent payments ․.. (identify other defaults as applicable)․․

9. Plaintiff declares the full amount payable under the note and mortgage to be due.

10. Defendant owes plaintiff $......... that is due on principal on the note and mortgage, interest from ․(date)․, and title search expense for ascertaining necessary parties to this action.

11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this claim pursuant tounder ․(identify statutory and/or contractual bases, as applicable)․

WHEREFORE, Plaintiff demands judgment re-establishing the promissory note, determining the amount and nature of adequate protection to be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the proceeds of the sale are insufficient to pay plaintiff's claim, a deficiency judgment.

NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e).

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.

Executed on ․(date)․

(Person Signing Verification)

*****

AFFIDAVIT OF COMPLIANCE

STATE OF FLORIDA

COUNTY OF ․․․..

BEFORE ME, the undersigned authority, personally appeared ․(name)․, who, after being first duly sworn, deposes and states, under penalty of perjury:

1. I am the plaintiff (or plaintiff's ..........) (identify relationship to plaintiff).

I am executing this affidavit in support of plaintiff's Complaint against defendant and I have personal knowledge of the matters set forth herein.

2. On ․(date)․ , the public records reflect that defendant executed and delivered a mortgage securing the payment of the note to ․(plaintiff/plaintiff's predecessor)․ The mortgage was recorded on ․(date)․, in Official Records Book .......... at page .......... of the public records of .......... County, Florida, and mortgaged the property described therein, which was then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached.

3. Plaintiff is not in possession of the note but is entitled to enforce it.

4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because:

(a) the note was destroyed.;

(b) the note is lost.;

(c) the note is in the wrongful possession of an unknown person.; or

(d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process.

5. (select a, b, c, d, e, or f)

(a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage.

(b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because ․(allege specific facts)․

(c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: ․(allege facts regarding transfer of ownership)․

(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ........... (attach copy of document(s) or relevant portion(s) of the document(s)).

(e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the original note when loss of possession occurred, because ․(allege specific facts)․ The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents if not already attached).

(f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the original note when loss of possession occurred, as follows ․(allege specific facts)․ The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents if not already attached).

6. Below is the clear chain of the endorsements, transfers, allonges, or assignments of the note and all documents that evidence same as are available to Plaintiff: ․(identify in chronological order all endorsements, transfers, assignments of, allonges to, the note or other evidence of the acquisition, ownership and possession of the note)․ Correct copies of the foregoing documents are attached to this affidavit.

7. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure.

FURTHER, AFFIANT SAYETH NAUGHT.

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Committee Note

2014 Adoption. This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment.

FORM 1.977. FACT INFORMATION SHEET

(a) For Individuals.

(CAPTION)

FACT INFORMATION SHEET

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Please attach copies of the following:

a. Your last pay stub.

b. Your last 3 statements for each bank, savings, credit union, or other financial account.

c. Your motor vehicle registrations and titles.

d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting.

e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last 3 years.

f. Your last 2 income tax returns filed.

UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.

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YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF COURT.

(b) For Corporations and Other Business Entities.

(CAPTION)

FACT INFORMATION SHEET

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______ Other personal property

Please attach copies of the following:

1. Copies of state and federal income tax returns for the past 3 years.

2. All bank, savings and loan, and other account books and statements for accounts in institutions in which the entity had any legal or equitable interest for the past 3 years.

3. All canceled checks for the 12 months immediately preceding the service date of this Fact Information Sheet for accounts in which the entity held any legal or equitable interest.

4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date this lawsuit was filed.

5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the entity within the 12 months immediately preceding the date this lawsuit was filed.

6. Motor vehicle or vessel documents, including titles and registrations relating to any motor vehicles or vessels owned by the entity alone or with others.

7. Financial statements as to the entity's assets, liabilities, and owner's equity prepared within the 12 months immediately preceding the service date of this Fact Information Sheet.

8. Minutes of all meetings of the entity's members, partners, shareholders, or board of directors held within 2 years of the service date of this Fact Information Sheet.

9. Resolutions of the entity's members, partners, shareholders, or board of directors passed within 2 years of the service date of this Fact Information Sheet.

UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.

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YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE PLAINTIFF'S JUDGMENT CREDITOR OR THE PLAINTIFF'S JUDGMENT CREDITOR'S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT.

Committee Notes

2000 Adoption. This form is added to comply with amendments to rule 1.560.

2013 Amendment. This amendment clarifies that the judgment debtor should mail or deliver the Fact Information Sheet only to the judgment creditor or the judgment creditor's attorney, and should not file the Fact Information Sheet with the clerk of the court.

FORM 1.981. SATISFACTION OF JUDGMENT

SATISFACTION OF JUDGMENT

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Committee Notes

2003 Amendment. This satisfaction of judgment is a general form. It is a new form. To ensure identity of the signer, notarization is prudent but not required. If a certified copy of the judgment is recorded, it may be prudent to include that recording information.

2013 Amendment. This form has been changed to remove unnecessary language and to include the acknowledgment required by sections 695.03 and 701.04, Florida Statutes.

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.

COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, BARRIOS, and TANENBAUM, JJ., concur.