RULE 1.440.
SETTING ACTION FOR TRIAL
(a) Pleadings. The failure of the pleadings to be closed will not preclude the court from setting a case for trial.
(b) Motion for Trial. For any case not subject to rule 1.200 or rule 1.201 or for any case in which any party seeks a trial for a date earlier than the projected or actual trial period specified in a case management order, any party may file and serve a motion to set the action for trial. The motion must include an estimate of the time required, whether there is a basis for expedited trial, whether it is to be a jury or non-jury trial, whether the trial is on the original action or a subsequent proceeding, and, if applicable, indicate that the court has authorized the participation of prospective jurors or empaneled jurors through audio-video communication technology under rule 1.430(d). The moving party must serve a copy of the motion on the presiding judge at the time the motion is filed.
(c) Setting Trial Period.
(1) On a party’s motion or upon the court’s own initiative, if the court finds the action ready to be set for a trial period earlier than the projected or actual trial period specified in the case management order entered under rule 1.200 or rule 1.201, the court may enter an order setting an earlier trial period.
(2) For any case subject to rule 1.200 with a projected trial period in the case management order, not later than 45 days before the projected trial period set forth in the case management order, the court must enter an order setting the trial period.
(3) For any case not subject to rule 1.200 or 1.201, on a party’s motion or upon the court’s own initiative, if the court finds the action ready to be set for trial, the court must enter an order setting the trial period.
(4) Any order setting a trial period must set the trial period to begin at least 30 days after the date of the court’s service of the order, unless all parties agree otherwise.
(d) Service on Defaulted Parties. In actions in which the damages are not liquidated, the order setting an action for trial must be served on parties who are in default in accordance with Florida Rule of General Practice and Judicial Administration 2.516.
(e) Applicability. This rule does not apply to actions to under chapter 51, Florida Statutes.