New Year, New Rules

October 5, 2026

On October 1, 2026, the Florida Supreme Court adopted several rule changes affecting appellate fee motions, discovery signatures, nonparty document production, and subpoena service. The amendments take effect January 1, 2027, at 12:01 a.m. Here are the changes practitioners should have on their radar.

An Early Appellate Disposition? Watch the Fee Deadline

An appellate court’s early disposition can trigger a short window for seeking attorney’s fees. Amended Florida Rule of Appellate Procedure 9.400(b)(4) extends the seven-day deadline beyond dismissals to other dispositions issued before the otherwise applicable fee-motion deadline expires. The clock runs from the issuance of the disposition, making this a change worth adding to appellate calendaring procedures.

Missing Signature, Real Consequences

Under amended Rule 1.280(k), parties have no duty to act on an unsigned discovery disclosure, request, response, or objection. The court must strike it unless the missing signature is promptly supplied after the omission is brought to the attorney’s or party’s attention. The amendment brings Florida’s rule closer to Federal Rule of Civil Procedure 26(g)—and gives practitioners another reason to check signatures before serving discovery.

Nonparty Discovery Objections Need Specifics

Amended Rule 1.351 requires objections to nonparty document production to identify their grounds and reasons with specificity. When a nonparty objects, production under that rule must await a court ruling or agreement. Alternatively, the requesting party may pursue production at a deposition under Rule 1.310, complying with Rule 1.350.

A Refresh for Subpoena Service and Civil Forms

The Court also amended Rule 1.410(d) to require proof of subpoena service consistent with section 92.525, Florida Statutes. Several civil forms received updates to standardize signature information and align notarial certificates with section 117.05(13). These changes make the approaching new year a good time to review subpoena-service procedures and refresh form templates.

For any further questions, please contact Mihaela Cabulea.