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On April 11, 2013, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.442(f)(1) pertaining to the acceptance and rejection of proposals for settlement (PFS). The rule had previously referenced FRCP 1.090(e) as confirmation that the "five day rule" did not apply to proposals for settlement. Rule 1.090(e) was deleted due to the creation of new Florida Rule of Judicial Administration 2.514(b), which allows an additional five days to act after service of a pleading by mail or e-mail. The recent amendment to FRCP 1.442(f)(1) replaces the reference to FRCP 1.090(e) with a reference to the new FRJA 2.514(b) but clarifies that FRJA 2.514(b) does not apply to proposals for settlement. Therefore, a party has only 30 days from the date of service of a PFS to serve a notice of acceptance of that PFS.




This summary was prepared by Bryan Snyder of our firm.


Bryan Snyder