Florida Supreme Court Rule Amendment 1.442 : Extra Days for “Mailing” Does Not Apply to Proposals for Settlement

On April 11, the Florida Supreme Court amended Rule 1.442 governing Proposals for Settlement.  In Re: Amendments to Florida Rule of Civil Procedure 1.442 No. sc13-224, (Fla. April 11, 2013).

(f) Acceptance and Rejection.

(1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal. The provisions of rule 1.090(e) Florida Rule of Judicial Administration 2.514(b) do not apply to this subdivision. No oral communications shall constitute an acceptance, rejection, or counteroffer under the provisions of this rule.

The rule change was necessitated because Rule 1.090(e), which allowed an additional five days for an action to be done after served by mail, was deleted and replaced with Rule 2.514(b).

The recipient of a Proposal for Settlement has 30 days within to respond, and the usual rule of adding five days to act after service by mail (or e-mail) does NOT apply.

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