Florida Civil Procedure Rule 1.200 Trial Period Reset Takes Effect January 1, 2027
If your civil case in Florida is set for a trial period and the court does not reach it, a small but practical rule change will shape the next setting order. On October 15, 2026, the Florida Supreme Court released In re Amendments to Florida Rule of Civil Procedure 1.200, No. SC2025-1894. The Court amended subdivision (h) of Rule 1.200. The amendment becomes effective January 1, 2027, at 12:01 a.m.
Who Is Affected
These changes matter to you if:
You have a Florida circuit or county civil case governed by the Rules of Civil Procedure
Your case is on a court ordered trial period and may roll because the court does not reach it
You need the reset order to reflect what discovery or other activity is still allowed
Key Changes
Party availability joins the reset factors. Rule 1.200(h)(1) already required the court, when a trial is not reached during the trial period set by court order, to enter an order setting a new trial period as soon as practicable. The prior text told the court to weigh the needs of the case and the resources of the court. Starting January 1, 2027, the court must also consider the availability of the parties.
The Court declined the Committee's broader rewrite. The Civil Procedure Rules Committee had proposed a different amendment to Rule 1.200(h). The Committee published that proposal and received comments, then the Court republished and received a further comment from attorney Dan Cytryn. The Court declined the Committee's proposal. It adopted only the addition of party availability to the factors the court must consider when resetting a missed trial period.
Reset orders still must say what activity is allowed. Rule 1.200(h)(2) is unchanged in substance. The order resetting the trial period must still reflect what further activity will or will not be permitted.
Practical Implications
If your trial period passes without a trial, watch for the reset order. The court must still set a new period as soon as practicable. Starting January 1, 2027, that decision must account for your availability and the other side's availability, not only the court's calendar and the case's needs.
When you propose dates, put real conflicts in writing. Include party travel limits, key witness windows, and counsel conflicts so the court has something concrete to weigh.
If you receive a reset order, read the activity limits carefully. Rule 1.200(h)(2) still requires the court to say what further work is or is not allowed before the new trial period. An order that only picks a new date and stays silent on discovery or motions leaves that question open.
Forms and case management templates that quote Rule 1.200(h)(1) should add "the availability of the parties" to the list of factors before January 1, 2027. Local case management orders that copy the old two factor list will be incomplete after that date.
References
In re Amendments to Florida Rule of Civil Procedure 1.200, No. SC2025-1894 (Fla. Oct. 15, 2026), effective January 1, 2027. https://flcourts-media.flcourts.gov/content/download/2496808/opinion/Opinion_SC2025-1894.pdf
Florida Rule of Civil Procedure 1.200 (Case Management; Pretrial Procedure), as amended.
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