Rule 1.440 - SETTING ACTION FOR TRIAL(a) Pleadings. The failure of the pleadings to be closed will not preclude the court from setting a case for trial.(b) Motion for Trial. For any case not subject to rule 1.200 or rule 1.201 or for any case in which any party seeks a trial for a date earlier than the projected or actual trial period specified in a case management order, any party may file and serve a motion to be set the action for trial. The motion must include an estimate of the time required, whether there is a basis for expedited trial, whether it is to be a jury or non-jury trial, whether the trial is on the original action or a subsequent proceeding, and, if applicable, indicate that the court has authorized the participation of prospective jurors or empaneled jurors through audio-video communication technology under rule 1.430(d). The moving party must serve a copy of the motion on the presiding judge at the time the motion is filed.(c) Setting Trial Period.(1) On a party's motion or upon the court's own initiative, if the court finds the action ready to be set for a trial period earlier than the projected or actual trial period specified in the case management order entered under rule 1.200 or rule 1.201, the court may enter an order setting an earlier trial period.(2) For any case subject to rule 1.200 with a projected trial period in the case management order, not later than 45 days before the projected trial period set forth in the case management order, the court must enter an order setting the trial period.(3) For any case not subject to rule 1.200 or 1.201, on a party's motion or upon the court's own initiative, if the court finds the action ready to be set for trial, the court must enter an order setting the trial period.(4) Any order setting a trial period must set the trial period to begin at least 30 days after the date of the court's service of the order, unless all parties agree otherwise.(d) Service on Defaulted Parties. In actions in which the damages are not liquidated, the order setting an action for trial must be served on parties who are in default in accordance with Florida Rule of General Practice and Judicial Administration 2.516.(e) Applicability. This rule does not apply to actions to under chapter 51, Florida Statutes. Amended by 2024 WL 4983566, 386 So.3d 497, effective 1/1/2025; amended by 47 Fla. L. Weekly S187, effective 10/1/2022; amended by 46 Fla. L. Weekly S323, effective 10/28/2021; amended October 25, 2018, by 257 So.3d 66, effective 1/1/2019; amended by 102 So.3d 505, effective 9/1/2012; amended by 15 So.3d 558, effective 5/28/2009; amended by 536 So.2d 974, effective 1/1/1989; amended by 458 So.2d 245, effective 1/1/1985; amended by 391 So.2d 165, effective 1/1/1981; amended by 339 So.2d 626, effective 1/1/1977; amended by 265 So.2d 21, effective 1/1/1973; amended by 211 So.2d 206, effective 1/1/1968.Committee Notes
1972 Amendment. All references to the pretrial conference are deleted because these are covered in rule 1.200.
1980 Amendment. Subdivision (b) is amended to specify whether the trial will be on the original pleadings or subsequent pleadings under rule 1.110(h).
1988 Amendment. Subdivision (c) was amended to clarify a confusion regarding the notice for trial which resulted from a 1968 amendment.
2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516.
Court Commentary
1984 Amendment. Subdivision (a) is amended by adding a sentence to emphasize the authority given in rule 1.270(b) for the severing of issues for trial.
Subdivision (c) is amended to delete the reference to law actions so that the rule will apply to all actions in which unliquidated damages are sought.
2024 Amendment. This rule has been substantially amended. It no longer requires that a case be "at issue" before the case can be set for trial, and it ties the date of trial directly to any projected trial period set forth in a case management order.