In re Amendments to Florida Rules of Judicial Administration 2.050, 2.052, and 2.085

826 So. 2d 233 (Fla. 2002) · Supreme Court of Florida · August 29, 2002

Summary

The Florida Supreme Court adopts amendments to Florida Rules of Judicial Administration 2.050, 2.052, and 2.085 concerning the expedited handling of priority cases, including juvenile dependency and termination-of-parental-rights proceedings. The decision also clarifies that Rule 2.052 provides guidelines, rather than mandatory priorities, for resolving calendar conflicts. The amendments became effective October 1, 2002, at 12:01 a.m.

Holdings

  1. The court adopted amendments requiring judges to expedite priority cases to the extent reasonably possible, identify priority cases early, implement docket-control policies to advance them, and provide procedures for parties to give notice of priority status and seek review by the chief judge.
  2. Rule 2.052 provides guidelines, not mandatory priorities, for resolving calendar conflicts; the presiding judge retains discretion to consider the guidelines and other relevant circumstances.
  3. Juvenile dependency and termination-of-parental-rights cases are generally to be given preference over other cases, except for speedy-trial and capital cases.

Questions Presented

  1. Whether Florida's Rules of Judicial Administration should be amended to establish trial-level procedures for identifying, expediting, scheduling, and reviewing priority cases.
  2. Whether Rule 2.052 should be amended to clarify that it provides guidelines for resolving calendar conflicts rather than mandatory priorities and to give juvenile dependency and termination-of-parental-rights cases general preference.
  3. Whether Rules 2.050 and 2.085 should be amended to impose duties on trial judges and provide procedures for parties seeking priority treatment.

Disposition

approved

Cases Cited (1)

  • In re Proposed Amendment to Fla. Rule of Jud. Admin. 2.052(a), 770 So. 2d 152, 154-55 (Fla. 2000)(followed)

Cited In (0)

No citing cases on record yet.

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