Rule 1.061. CHOICE OF FORUM

RULE 1.061. CHOICE OF FORUM

(a)

Grounds for Dismissal. An action may be dismissed on

the ground that a satisfactory remedy may be more conveniently

sought in a jurisdiction other than Florida when:

(1)

the trial court finds that an adequate alternate

forum exists which possesses jurisdiction over the whole case,

including all of the parties;

(2)

the trial court finds that all relevant factors of

private interest favor the alternate forum, weighing in the balance a

strong presumption against disturbing plaintiffs’ initial forum

choice;

(3)

if the balance of private interests is at or near

equipoise, the court further finds that factors of public interest tip

the balance in favor of trial in the alternate forum; and

(4)

the trial judge ensures that plaintiffs can reinstate

their suit in the alternate forum without undue inconvenience or

prejudice.

The decision to grant or deny the motion for dismissal rests in the

sound discretion of the trial court.

(b)

Stipulations in General. The parties to any action for

which a satisfactory remedy may be more conveniently sought in a

jurisdiction other than Florida may stipulate to conditions on which

a dismissal must be based on forum non conveniens, subject to

approval by the trial court. The decision to accept or reject the

stipulation rests in the sound discretion of the trial court.

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A dismissal based on forum non conveniens must not be granted

unless all defendants agree to the stipulations required by

subdivision (c) and any additional stipulations required by the

court.

(c)

Statutes of Limitation. In moving for a dismissal based

on forum non conveniens, defendants will be deemed to

automatically stipulate that the action will be treated in the new

forum as though it had been filed in that forum on the date it was

filed in Florida, with service of process accepted as of that date.

s required by

subdivision (c) and any additional stipulations required by the

court.

(c)

Statutes of Limitation. In moving for a dismissal based

on forum non conveniens, defendants will be deemed to

automatically stipulate that the action will be treated in the new

forum as though it had been filed in that forum on the date it was

filed in Florida, with service of process accepted as of that date.

(d)

Failure to Refile Promptly. When an action is dismissed

in Florida for forum non conveniens, plaintiffs will automatically be

deemed to stipulate that they will lose the benefit of all stipulations

made by the defendant, including the stipulation provided in

subdivision (c) of this rule, if plaintiffs fail to file the action in the

new forum within 120 days after the date the Florida dismissal

becomes final.

(e)

Waiver of Automatic Stipulations. With unanimous

agreement, the parties may waive the conditions provided in

subdivision (c) or (d), or both, only when they demonstrate and the

trial court finds a compelling reason for the waiver.

(f)

Reduction to Writing. The parties must reduce their

stipulation to a writing signed by them, which must include all

stipulations provided by this rule and which will be deemed

incorporated by reference in any subsequent order of dismissal.

(g)

Time for Moving for Dismissal. A motion to dismiss

based on forum non conveniens must be served not later than 60

days after service of process on the moving party.

n to Writing. The parties must reduce their

stipulation to a writing signed by them, which must include all

stipulations provided by this rule and which will be deemed

incorporated by reference in any subsequent order of dismissal.

(g)

Time for Moving for Dismissal. A motion to dismiss

based on forum non conveniens must be served not later than 60

days after service of process on the moving party.

(h)

Retention of Jurisdiction. The court will retain

jurisdiction after the dismissal to enforce its order of dismissal and

any conditions and stipulations in the order.

Committee Notes

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2000 Amendment. Subdivision (a)(1) is amended to clarify

that the alternative forum other than Florida must have jurisdiction

over all of the parties for the trial court to grant a dismissal based

on forum non conveniens.

Subdivision (b) is amended to clarify that all of the defendants,

not just the moving defendant, must agree to the stipulations

required by subdivision (c) as well as any additional stipulations

required by the trial court before an action may be dismissed based

on forum non conveniens.

Subdivision (g) is added to require that a motion to dismiss

based on forum non conveniens be served not later than 60 days

after service of process on the moving party.

Subdivision (h) is added to require the court to retain

jurisdiction over the action after the dismissal for purposes of

enforcing its order of dismissal and any conditions and stipulations

contained in the order.

Court Commentary

This section was added to elaborate on Florida’s adoption of

the federal doctrine of forum non conveniens in Kinney System, Inc.

v. Continental Insurance Co., 674 So.2d 86 (Fla. 1996), and it

should be interpreted in light of that opinion.

Subdivision (a) codifies the federal standard for reviewing

motions filed under the forum-non-conveniens doctrine

tions

contained in the order.

Court Commentary

This section was added to elaborate on Florida’s adoption of

the federal doctrine of forum non conveniens in Kinney System, Inc.

v. Continental Insurance Co., 674 So.2d 86 (Fla. 1996), and it

should be interpreted in light of that opinion.

Subdivision (a) codifies the federal standard for reviewing

motions filed under the forum-non-conveniens doctrine.

As stated in Kinney, the phrase “private interests” means

adequate access to evidence and relevant sites, adequate access to

witnesses, adequate enforcement of judgments, and the

practicalities and expenses associated with the litigation. Private

interests do not involve consideration of the availability or

unavailability of advantageous legal theories, a history of generous

or stingy damage awards, or procedural nuances that may affect

outcomes but that do not effectively deprive the plaintiff of any

remedy.

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“Equipoise” means that the advantages and disadvantages of

the alternative forum will not significantly undermine or favor the

“private interests” of any particular party, as compared with the

forum in which suit was filed.

“Public interests” are the ability of courts to protect their

dockets from causes that lack significant connection to the

jurisdiction; the ability of courts to encourage trial of controversies

in the localities in which they arise; and the ability of courts to

consider their familiarity with governing law when deciding whether

to retain jurisdiction over a case. Even when the private

conveniences of the litigants are nearly in balance, a trial court has

discretion to grant a forum-non-conveniens dismissal upon finding

that retention of jurisdiction would be unduly burdensome to the

community, that there is little or no public interest in the dispute,

or that foreign law will predominate if jurisdiction is retained

ether

to retain jurisdiction over a case. Even when the private

conveniences of the litigants are nearly in balance, a trial court has

discretion to grant a forum-non-conveniens dismissal upon finding

that retention of jurisdiction would be unduly burdensome to the

community, that there is little or no public interest in the dispute,

or that foreign law will predominate if jurisdiction is retained.

Subdivision (b) provides that the parties can stipulate to

conditions of a forum-non-conveniens dismissal, subject to the trial

court’s approval.

Subdivisions (c) and (d) provide automatic conditions that

shall be deemed included in every forum-non-conveniens dismissal.

The purpose underlying subdivision (c) is to ensure that any statute

of limitation in the new forum is applied as though the action had

been filed in that forum on the date it was filed in Florida. The

purpose underlying subdivision (d) is to ensure that the action is

promptly refiled in the new forum. Both of these stipulations are

deemed to be a part of every stipulation that does not expressly

state otherwise, subject to the qualification provided in subdivision

(e).

Subdivision (e) recognizes that there may be extraordinary

conditions associated with the new forum that would require the

waiver of the conditions provided in subdivisions (c) and (d).

Waivers should be granted sparingly. Thus, the parties by

unanimous consent may stipulate to waive those conditions only

upon showing a compelling reason to the trial court.

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Subdivision (f) requires the parties to reduce their stipulation

to written form, which the parties must sign. When and if the trial

court accepts the stipulation, the parties’ agreement then is treated

as though it were incorporated by reference in the trial court’s order

of dismissal. To avoid confusion, the parties shall include the

automatic stipulations provided by subdivisions (c) and (d) of this

rule, unless the latter are properly waived under subdivision (e)

tten form, which the parties must sign. When and if the trial

court accepts the stipulation, the parties’ agreement then is treated

as though it were incorporated by reference in the trial court’s order

of dismissal. To avoid confusion, the parties shall include the

automatic stipulations provided by subdivisions (c) and (d) of this

rule, unless the latter are properly waived under subdivision (e).

However, the failure to include these automatic conditions in the

stipulation does not waive them unless the dismissing court has

expressly so ruled.