Ready. Set. Go Now! Some Florida litigators feel this way after a recent Florida Supreme Court Administrative Order denying trial continuances, causing “immense pressure on plaintiffs to move their cases.”
According to a recent Law.com article, Florida judges have minimal discretion to allow a continuance as they push cases to trial due to the court’s backlog caused by the Covid-19 pandemic. What does this mean?
Peter Hernandez of Hinshaw & Culbertson stated the following:
“Defendants are less willing to settle because they want plaintiffs to invest the required time, money, and effort to prepare their cases. These deadlines place a lot of the burden on plaintiffs to prepare their cases for trial earlier than they are used to.”
Paul Gamm, also of Hinshaw & Culbertson, shared his case was on the docket. The court scheduled it for trial in less than a week. Gamm opined the new rule could increase the stress on attorneys and the court system and “unintentionally cause some additional friction or arguments.” How can attorneys prepare for this new twist?
Harsh Arora of Kelley Kronenberg stated, “preparation is key,” and that “attorneys who aren’t ready to proceed anytime during the court-ordered trial period are definitely going to have an issue.”
According to www.flcourts.org, Florida attorneys filed 173,630 new civil cases between July of 2020 and June of 2021. This figure does not include the cases on hold due to the pandemic and those filed since July of 2021. The backlog is legitimate, and so is the issue of clearing it.
Advocate Capital, Inc. is honored to work with our national plaintiff attorneys as they address the continuing issues caused by the COVID pandemic while standing strong for their clients and community.