Setting a Case for Trial: Rule 1.440 Means What It Says

The rule says that a case can go to trial when both sides have finished exchanging their legal papers. Once that happens, either side can ask for a trial to be scheduled. It’s a simple process with no extra steps. If the plaintiff doesn’t want to file any more papers, they can ask for a trial right after the defendant has sent their answer. If the plaintiff does file more papers, then the defendant can ask for a trial after that. Basically, when a case is at the stage where both sides have said what their arguments are, the judge has to set a date for the trial when they receive a notice asking for one. It doesn’t matter if both sides are actually ready for the trial, just that they’ve finished their paperwork. This has been confirmed by higher courts multiple times. When a case is ready for trial, it means that all the legal paperwork is done and there are no pending motions. The completion of discovery and whether the lawyers are actually ready doesn’t matter. If the plaintiff files a notice for trial, the court has a duty to set the case for trial. In one case, the trial judge wrongly placed the burden on the parties to set the case for trial, but the appeals court disagreed with this practice. The court has a duty to set a case for trial once it is at issue. This means that if a party files a notice for trial, the court must schedule the trial. However, the court has discretion in deciding when to schedule the trial, taking into account things like completing discovery and the availability of witnesses. The court must follow certain timeframes for scheduling the trial, and it is important for judges and lawyers to conclude the case as soon as possible. The case management conference is a good opportunity for the court to gather information from attorneys when deciding on a trial date. If a party wants to move the case forward, they can file a notice for trial even before the deadline. Once the notice is filed, the court has to schedule the trial. If the court doesn’t do this without a good reason, the party can ask for a mandamus to force the court to schedule the trial. There’s also a rule that gives four months to serve the initial legal papers.

Source: https://www.floridabar.org/the-florida-bar-journal/setting-a-case-for-trial-rule-1-440-means-what-it-says/