Are initial disclosures due 60 days after serving or filing?

Plaintiff’s initial disclosures are due 60 days after service of the complaint, not 60 days after filing. Florida Rule of Civil Procedure 1.280 requires a party to make initial discovery disclosures “within 60 days after the service of the complaint or joinder,” unless the court orders a different time.[1][2]

Why

The rule’s text is explicit:

A party must make the initial discovery disclosures required by this rule within 60 days after the service of the complaint or joinder, unless a different time is set by court order.[2]

So for a plaintiff, the clock starts when the complaint is served on the defendant, not when the complaint is filed.

Practical takeaway

EventDisclosures due?
Complaint filedNo, filing alone does not start the 60-day clock
Complaint servedYes, 60-day deadline runs from service

Sources & References

  1. Administrative Order 2024-26-Civ (Amendment 1)
  2. Fla. R. Civ. P. 1.280

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Are initial disclosures due 60 days after serving or filing? | OpenCase