Complex Litigation

The Florida Rules of Civil Procedure provides special criteria for the management of cases deemed to be complex.

Rule 1.201defines “complex litigation” and identifies the criteria to be considered by trial courts in deciding whether a case merits handling as complex; it also establishes the procedures for raising and deciding the issue. The Florida Supreme Court adopted a flexible approach to determing wether a case is complex, which is based on California's definntion of complex litigation.

The rule is tailored specifically to allow the parties and trial courts to identify, early in the litigation process, those cases needing proactive judicial involvement, the early setting of a trial date, and a specific schedule to which the parties must adhere for the completion of pretrial tasks.

The most significant aspects of Rule 1.201 include the provision for an initial case management conference at which a definite trial date is to be set within twenty-four months and a requirement that lead trial counsel and a client representative attend that conference.

Twenty days before the initial case management conference, the rule provides for a mandatory meeting of counsel for all parties for the purpose of discussing the issues listed in the rule and preparing a joint statement to be submitted to the court within fourteen days of the scheduled conference. The rule requires the court, following the case management conference, to issue a case management order establishing certain pretrial deadlines. The rule also provides for a final case management conference at least ninety days prior to the previously established trial date, preceded by another meeting of all counsel to discuss and prepare a case status report prior to the conference.

Factors to be Considered
"A 'complex action' is one that is likely to involve complicated legal or case management issues and that may require extensive judicial management to expedite the action, keep costs reasonable, or promote judicial efficiency."

Rule 1.201(2) provides that, in deciding whether an action is complex, the court must consider whether the action is likely to involve:


 * (A) numerous pretrial motions raising difficult or novel legal issues or legal issues that are inextricably intertwined that will be time-consuming to resolve;


 * (B) management of a large number of separately represented parties;


 * (C) coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court;


 * (D) pretrial management of a large number of witnesses or a substantial amount of documentary evidence;


 * (E) substantial time required to complete the trial;


 * (F) management at trial of a large number of experts, witnesses, attorneys, or exhibits;


 * (G) substantial post-judgment judicial supervision; and


 * (H) any other analytical factors identified by the court or a party that tend to complicate comparable actions and which are likely to arise in the context of the instant action.

Source: SC08-1141