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Fla. Fam. L.R.P. 12.430

Fla. Fam. L.R.P. 12.430 - Demand for Jury Trial Waiver

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Verbatim reference text. This is the full, unedited text of Fla. Fam. L.R.P. 12.430, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

dismissed under this rule, the notice of lis pendens connected with the dismissed claim is automatically dissolved at the same time. The notice, stipulation, or order must be recorded. Commentary 1995 Adoption. Subdivision (a), which amends Florida Rule of Civil Procedure 1.420(a)(1), was added to eliminate the language of that subdivision which reads “except that a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim” and to specifically provide to the contrary. Subdivision (b), which amends rule 1.420(d), was added to prevent the discouragement of reconciliation. RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER (a) Right Preserved. The right of trial by jury as declared by the Constitution or by statute must be preserved to the parties inviolate. (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving on the other party a demand in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. The demand may be endorsed on a pleading of the party. (c) Specification of Issues. In the demand, a party may specify the issues that the party would like tried; otherwise, the party is deemed to demand trial by jury for all issues so triable. If a party has demanded trial by jury for only some of the issues, any other party may serve a demand for trial by jury of any other or all of the issues triable by jury 10 days after service of the demand or such lesser time as the court may order. (d) Juror Participation Through Audio-Video Communication Technology. Prospective jurors may participate in voir dire or empaneled jurors may participate in the jury trial through audio-video communication technology, as described in Family Law Rules of Procedure October 1, 2025 128

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