– The Florida Supreme Court issued a new rule requiring attorneys to serve court papers by e-mail.
– Attorneys practicing in civil, probate, small claims, family law, and appellate cases must begin e-serving court papers from September 1, 2012.
– Attorneys practicing in criminal, traffic, and juvenile divisions may elect to begin e-service from September 1, 2012, but are not required to do so until October 1, 2013.
– Failure to comply with the rule could result in the opposing party contesting proper service or moving to strike filings that were not properly served by e-mail. – Many e-mails serving documents do not completely follow the requirements set forth in Rule 2.516.
– It is important to ensure that every aspect of the rule is followed to the letter, or else risk improper service.
– The rule specifies that every pleading subsequent to the initial pleading and every other document filed in any court proceeding must be served in accordance with the rule on each party.
– When service is required or permitted to be made upon a party represented by an attorney, service must be made upon the attorney unless service upon the party is ordered by the court.
– All documents required or permitted to be served on another party must be served by e-mail, unless the rule otherwise provides. 1. Attorneys are required to designate a primary e-mail address and up to two secondary e-mail addresses for service in legal proceedings.
2. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar.
3. Attorneys must include their primary e-mail address and any secondary e-mail addresses on all documents filed thereafter.
4. Service by an attorney on another attorney must be made by e-mail unless excused by the court.
5. Parties not represented by an attorney may also designate e-mail addresses for service in legal proceedings.
6. Service by e-mail is considered complete when it is sent, and it is treated as service by mail for the computation of time.
7. Service of a document by e-mail is done by attaching a copy of the document in PDF format to an e-mail sent to all designated addresses. – Documents served by e-mail must be attached to an e-mail message with a subject line beginning with “SERVICE OF COURT DOCUMENT” followed by the case number.
– The body of the e-mail must contain specific information about the court, case number, party names, document titles, and the sender’s contact details.
– E-mails may be signed with “/s/” format if the original document is signed as per the applicable rule.
– If an e-mail and its attachments exceed 5MB, they must be sent as separate, sequentially numbered e-mails, each not exceeding 5MB in size. – Service may be made upon attorneys by e-mail or by delivering a copy of the document, mailing it to the party or attorney at their last known address, leaving it with the clerk of the court, or transmitting it by facsimile.
– Service by mail is complete upon mailing, and delivery of a copy is complete upon handing it to the attorney or party, leaving it at their office, or transmitting it by facsimile with a cover sheet containing the sender’s information.
– Service on numerous defendants in actions must be regulated by the court in a just and reasonable manner, and all original documents must be filed with the court either before service or immediately thereafter. – Documents required by the court must be filed with the clerk, unless the judge permits filing with the judge.
– A certificate of service by an attorney is considered as proof of compliance with the rule.
– Notices and other documents required to be made by the clerk must be served as provided in the rule.
– All parties must be provided with a copy of orders or judgments at the time of entry, except for parties against whom a default has been entered, unless the order or judgment sets an action for trial or is a final judgment.
– Final judgments entered against a party in default must be mailed to the party. 1. E-mail service is required for all subsequent pleadings and other documents filed in a court proceeding, in addition to other methods of service.
2. Attorneys are required to participate in e-mail service, while pro se litigants are not obligated to use e-mail service.
3. Attorneys must designate a primary e-mail address with the court and may elect to designate up to two additional e-mail addresses for service.
4. The document being served must be attached to the e-mail as a PDF and be no larger than 5MB, with the subject line reading “SERVICE OF COURT DOCUMENT” and including the case number of the matter.
5. The body of the e-mail must include specific information, including the name of the court, the case number, the first named party on each side, the title of the document being served, the sender’s name, and the sender’s telephone number. 1. Document service is considered complete when the e-mail is sent.
2. If the e-mail is undeliverable, the sender must resend it or use another method of service.
3. Time for service is counted the same as for mail service.
4. Many attorneys are still making mistakes in following the new service of process rule.
5. E-mail service is a useful tool as long as it is used correctly.
https://www.jimersonfirm.com/blog/2013/01/compliance-with-new-florida-rule-of-judicial-administration-2-516-e-mail-service/
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