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
- 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.
- 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.
- 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
- Whether Florida's Rules of Judicial Administration should be amended to establish trial-level procedures for identifying, expediting, scheduling, and reviewing priority cases.
- 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.
- 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.
Court Document
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