For our friends practicing in the Sunshine State, we want to highlight new rules amendments which took effect on January 1, 2025. Most notably, Florida joins states around the country adopting the proportionality language from Federal Rule of Civil Procedure 26(b)(1). See Fla. R. Civ. P. 1.280(c).
In 2015 the Federal Rules of Civil Procedure were amended to add, among other things, that discovery be “proportional to the needs of the case.” Since that time states around the country have been slowly amending their state counterpart rules to bring them into alignment. Florida has now joined in with an amendment to track the federal rule.
In its opinion amending the rules, the Florida Supreme Court left no doubt that it fully intends for the state’s courts to follow the federal standard. See In Re: Amendments to Florida Rules of Civil Procedure, 2024 WL 4983566 (Fla. Dec. 5, 2024). Not only did the court adopt the federal language, but it also added in its Court Commentary that the rule is “to be construed and applied in accordance with the federal proportionality standard.” Id. at *1. The court explained that this commentary “should be sufficient to lead practitioners and judges to look to federal history and precedents when applying proportionality.” Id.
This brings the number of states adding proportionality to their rules to at least 17, plus the District of Columbia. These include:
- Alabama, Ala. R. Civ. P. 26(b)(1)
- Arizona, Ariz. R. Civ. P. 26(b)(1)
- Colorado, Colo. R. Civ. P. 26(b)(1)
- Delaware, Del. Ch. Ct. R. 26(b)(1), Del. Super. Ct. R. Civ. P. 26(b)(1)
- District of Columbia, D.C. Super. Ct. R. Civ. P. 26(b)(1)
- Florida, Fla. R. Civ. P. 1.280(c)
- Indiana (commercial court), Ind. Commercial Ct. R. 6(A)
- Kansas, Kan. Stat. § 60-226(b)(1)
- Michigan, Mich. Ct. R. 2.302(B)(1)
- Minnesota, Minn. R. Civ. P. 26.02(b)
- Missouri, Mo. Sup. Ct. R. 56.01
- Nevada, Nev. R. Civ. P. 26(b)(1)
- Ohio, Ohio R. Civ. P. 26(B)(1)
- Oklahoma, Okla. Sta. tit. 12 § 3226(B)(1)
- Utah, Utah R. Civ. P. 26(b)(1)
- Vermont, Vt. R. Civ. P. 26(b)(1)
- Wisconsin, Wis. Code § 804.01(2)(a)
- Wyoming, Wyo. R. Civ. P. 26(b)(1)
Of course, this doesn’t mean that states not listed eschew proportionality principles. But it’s good to see more states memorializing it in their rules.