1.440 Setting Action for Trial

(a) When at Issue. An action is at issue after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading. The party entitled to serve motions directed to the last pleading may waive the right to do so by filing a notice for trial at any time after the last pleading is served. The existence of crossclaims among the parties shall not prevent the court from setting the action for trial on the issues raised by the complaint, answer, and any answer to a counterclaim.

(b) Notice for Trial. Thereafter any party may file and serve a notice that the action is at issue and ready to be set for trial. The notice shall include an estimate of the time required, whether the trial is to be by a jury or not, and whether the trial is on the original action or a subsequent proceeding. The clerk shall then submit the notice and the case file to the court.

(c) Setting for Trial. If the court finds the action ready to be set for trial, it shall enter an order fixing a date for trial. Trial shall be set not less than 30 days from the service of the notice for trial. By giving the same notice the court may set an action for trial. In actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with rule 1.080.

(d) Applicability. This rule does not apply to actions to which chapter 51, Florida Statutes (1967), applies or to cases designated as complex pursuant to rule 1.201.

Committee Notes

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.

2 Cases on Florida Rule of Civil Procedure 1.440 Setting Action for Trial

  1. Case Cite: Cabrera v. Pazos (Fla. 2d DCA March 2, 2006) | Florida Rules Decisions Reporter

    In Cabrera v. Pazosthe Second DCA found that “once a party files a proper rule 1.440(b) notice that a matter is ready for trial, it is the court’s duty to set the cause for trial. See Young, 730 So. 2d at 766 (“[I]t is the trial court’s responsibility to enter an order setting a date for trial, and it is the filing of the notice which bars the court from dismissing the action for lack of prosecution.”). Failure of the trial court to set the case for trial precludes dismissal for failure to prosecute despite the lack of record activity. Reyes, 895 So. 2d at 1274-75; see Pierstorff v. Stroud, 454 So. 2d 564, 565 (Fla. 2d DCA 1983). This matter was never scheduled for trial after Mr. Cabrera filed his notice for jury trial.

    The trial court abused its discretion when it dismissed Mr. Cabrera’s complaint for failure to prosecute pursuant to rule 1.420(e). Accordingly, we reverse the final judgment of dismissal and remand for further proceedings.”

  2. John Jozsa

    Your site is very informative and useful.Thanks.
    I am pro-se, my last Motion pursuant to Rule 1.540 to Reverse,Reliefe,Set-aside Partial Summary Judgment filed/recorded on June 17,1213,NEVER Opposed/Objected,no hearing, NO denial no disposal to date. On 1,13,2014 oppsing party filed Notice of Trial.
    Normally, how do judges consider FRCP 1.440 followed?
    1.440(b)Received Order for Jury Trial (pursuant to Motion),opposing party deny Jury Trial on remaning issue after partial summary judgment. Is JT denyable?
    Opposing party failed even refused to submit requested materials under Discovery to Produce. Claimed it was “too burdensome and material requested irrelevant to subject of lawsuit” ,to provide evidence to support subject of law suit.
    Offer of Judgment ,R. 1.442(100% compliance)trice rejected unreasonably(s.768.79),45.061)FS
    Wht’s my best move to respond?
    Thank you.

    Reply

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