Rule Amendments Add Protections for Defaulted Parties
In In Re: Amendments to Florida Rules of Civil Procedure 1.440 and 1.500, No. SC2022-0575 (Fla. Nov. 13, 2025), the Florida Supreme Court adopted new protections (or at least clarified existing protections) for defaulted parties. Effective January 1, 2026, the rules will require, among other things, (1) that a party moving for a Clerk’s Default must serve the motion for default on the party to be defaulted before the Clerk may enter the default, and (2) until a default is entered against a party, that party must be served with all documents in the lawsuit. For more information, read the full opinion at: