In Re: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, and the Florida Rules of Appellate Procedure - Electronic Service

Citation: 257 So. 3d 66Docket: SC17-882

Court: Supreme Court of Florida; October 25, 2018; Florida; State Supreme Court

Original Court Document: View Document

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The Supreme Court of Florida has considered proposed amendments to various procedural rules, specifically concerning electronic service of documents. The Florida Bar’s Rules Committees submitted a joint out-of-cycle report proposing changes related to the computation of response times for documents served via email. These proposals were published for public comment and revised accordingly. The amendments received unanimous approval from the Board of Governors of The Florida Bar.

Following the submission of the joint report, the Court invited comments, receiving feedback from individuals including a rules attorney and members of the Joint Email Service Committee. The Civil Procedure Rules Committee opposed a specific proposed amendment to Rule of Judicial Administration 2.514(a)(1)(A) and suggested further changes. The Joint Email Service Committee, established in 2009, aimed to transition Florida courts from paper-based systems to email for service of documents.

The Court previously adopted a mandatory e-mail service rule in 2012. After reviewing the proposed amendments, comments, and responses, the Court decided to adopt the amendments as outlined. Notable changes include the amendment of Rule 2.514, which now differentiates between service by mail and email, removing the provision that treated them identically. Additionally, time frames for response are now calculated from the day after the triggering event, excluding weekends and holidays. The amendment to Rule 2.516 eliminates the additional five-day response period for documents served by email, reflecting the instantaneous nature of email communication.

Amendments to the Rules of Civil Procedure include direct references to Rule of Judicial Administration 2.516 for the service of pleadings, replacing the previous reference to Rule 1.080. Rule 1.351 is modified to shorten the notice period for serving subpoenas requesting document production from fifteen days to ten days. Additionally, Rule 1.510 is amended to equalize the treatment of electronically submitted summary judgment evidence with that delivered physically, mandating that mail service occurs at least five days before a hearing, while electronic methods must be completed no later than two days prior.

In the Rules of Criminal Procedure, Rule 3.040 is amended to align with the revised Florida Rule of Judicial Administration 2.514, omitting its prior reference to subdivision (a). Rule 3.070, which allowed for additional time following service by mail or e-mail, is entirely removed to ensure consistency across the rules, establishing that time computation in criminal cases is now governed solely by Rule 2.514.

The proposed amendments to the Rules of Appellate Procedure aim to extend time frames in response to the changes in Rule 2.514. The Appellate Court Rules Committee initially suggested retaining an additional five days for e-mail service, but the Board of Governors expressed concerns about inconsistencies across different rules regarding e-mail service deadlines. They encouraged a unified approach to time computation rules.

Proposed amendments to the Florida Appellate Court Rules address concerns about the reduced response time for documents served via email. Key changes include the enlargement of time frames in several rules related to various types of appellate proceedings, including original proceedings, appeals of final orders, discretionary reviews, and criminal cases. Specific rules amended include 9.100, 9.110, 9.120, 9.125, 9.130, 9.140, 9.141, 9.142, 9.146, 9.180, 9.200, 9.210, 9.300, 9.320, 9.330, and 9.331. Additionally, nonsubstantive editorial amendments were made to subdivisions related to ineffective assistance of counsel claims in rule 9.146. The amendments will take effect on January 1, 2019, at 12:02 a.m., and the filing of a motion for rehearing will not change this effective date. The document lists various committee chairs and legal professionals involved in the proposal and responses to the amendments.

APPENDIX RULE 2.514 outlines the method for computing time periods in legal procedures. For periods stated in days or longer, the day triggering the period is excluded; counting begins the next day that is not a weekend or legal holiday. An additional 5 days are added to deadlines when service is made by mail or e-mail. 

RULE 2.516 specifies that service of pleadings must be made upon the attorney representing a party unless otherwise ordered. E-mail is the primary method of service for documents, unless stipulated otherwise. Compliance with service requirements is achieved if the electronic document is served through the Florida Courts e-filing Portal or similar systems. E-mail service is considered complete upon sending and is treated like mail for calculating time periods.

RULE 1.170 addresses counterclaims and crossclaims, allowing a party to assert claims against co-parties relating to the original action. Service of a crossclaim to an appearing party follows rule 1.080, while service to a non-appearing party must adhere to summons service procedures.

RULE 1.260 discusses the substitution of parties upon a party's death. A motion for substitution can be filed by any party or their representatives and must be served on all parties. If not filed within 90 days following the death's record suggestion, the action against the deceased party will be dismissed.

A party seeking document production without deposition must notify all other parties at least 10 days before issuing a subpoena by delivery or email, or 15 days if by mail. The notice must include the proposed subpoena, specifying the details of production, including time, place, and identification of the person responsible for producing the documents. It should inform that the recipient has the right to object to the production and that they are not required to surrender the documents. Objections must be raised within 10 days, and production will be suspended until resolved. 

A subpoena can command the production of documents, including electronically stored information. The court may quash or modify a subpoena deemed unreasonable or oppressive, and can require the requesting party to advance production costs. If no specific form for electronic information is outlined, it must be produced in the format it is usually maintained or a usable form. Objections regarding electronically stored information must show that access is unduly burdensome or costly. The court can still order discovery if good cause is shown. 

For trial settings, the court will establish a trial date at least 30 days after a notice for trial is served. In cases with unliquidated damages, this order must also be served on defaulting parties.

RULE 1.442 outlines the requirements for proposals for settlement. Proposals must be in writing, specifying the relevant Florida law, identifying the proposing and receiving parties, and indicating that the proposal resolves all damages in the action, with certain exceptions. They must detail any relevant conditions, the total amount proposed, nonmonetary terms, any punitive damages claims, and whether attorneys' fees are included. A certificate of service must also be included.

RULE 1.510 addresses summary judgment motions. Such motions must clearly state the grounds and legal arguments, identify supporting evidence, and be served at least 20 days before the hearing. The opposing party must disclose their evidence at least 5 days before the hearing. Summary judgment may be granted if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, including partial summary judgments on liability.

RULE 3.040 refers to the computation of time, governed by Florida Rule of Judicial Administration 2.514(a), with exceptions for certain short timeframes. 

RULE 3.070 allows for an additional 3 days to be added to prescribed periods when a notice or document is served by mail or email.

Rule 9.100 outlines procedures for original proceedings, allowing petitioners to serve a reply within 20-30 days, limited to 15 pages plus a supplemental appendix. Rule 9.110 addresses appeals of final orders, permitting cross-appeals by appellees within 10-15 days of the appellant’s notice of appeal, requiring timely filing and payment of fees. Rule 9.120 pertains to discretionary review of district court decisions, mandating that the petitioner’s jurisdiction brief be filed within 10 days, with the respondent's brief due 20-30 days later, and prohibits reply briefs unless jurisdiction is invoked under specific conditions. Rule 9.125 allows parties to respond to certified trial court orders within 5-10 days. Rule 9.130 details the process for reviewing nonfinal and specified final orders, similarly permitting cross-appeals under the same timeline as prior rules. The excerpts indicate that several components, including committee notes and court commentary, remain unchanged across the rules.

Key procedural rules regarding appeals in criminal and related cases are outlined. For defendant appeals, a cross-appeal must be served within 10-15 days following the state’s notice or an order on a relevant motion. The state’s appeal notice must be filed within 15 days of the order’s rendition, while cross-appeals by the state follow similar timing as defendants. Appeals by the state do not automatically stay lower tribunal proceedings unless ordered.

In postconviction proceedings, the court may solicit a response from the appellee before ruling, and the appellant can reply within 20-30 days, adhering to page limits for briefs. 

In death penalty cases, a specific briefing schedule is established: the defendant has 60 days post-record filing, the state has 45-50 days after the defendant's brief, and the defendant has 30-40 days after the state’s brief. 

For juvenile dependency and termination of parental rights cases, initial briefs are due 20-30 days after the record is served, with subsequent answer and reply briefs having corresponding deadlines. If multiple briefs are authorized, responsive briefs must comply with designated timelines.

Ineffective assistance of counsel claims in termination of parental rights proceedings must follow specific procedures and time limits. A motion for ineffective assistance, filed under Florida Rule of Juvenile Procedure 8.530, tolls the rendition of the termination order until a signed, written order on the motion is issued by the lower tribunal. If an appeal is pending, parents can file such a motion within 20 days after the order's rendition. Filing a notice of a pending motion stays the appeal until the lower tribunal resolves the motion.

The clerk of the circuit court is responsible for supplementing the record on appeal with any motions filed under Rule 8.530, along with the resulting orders and hearing transcripts, transmitting these to the court and serving the parties within five days of the order’s ruling or the transcript’s filing.

In workers’ compensation cases, the appellant must deposit estimated costs with the lower tribunal within 15-20 days after receiving notice of those costs. Parties may object to the selection of a court reporter or transcriptionist within 15-20 days, prompting a hearing on the objection within five days. 

For cost relief petitions, a verified petition must be filed within 15-20 days after notice of estimated costs, and if unopposed, the tribunal can rule without a hearing after 20-30 days.

Rule 9.200 specifies procedures for record preparation, including guidelines for statements of evidence when transcripts are unavailable. A party may prepare a statement from the best available means, which must be served on all other parties, allowing for objections or amendments within 10-15 days. The approved statement will be included in the record by the lower tribunal clerk. For cross-appeals, a cross-appellant can request additional documents or transcripts within 20 days of the notice of appeal, with a further 10-15 days for the cross-appellee to request additional inclusions. 

Rule 9.210 outlines the timelines for serving briefs, stipulating that the answer brief must be served within 20-30 days after the initial brief, and further response briefs follow similar timelines. If multiple briefs are authorized, responsive briefs are due within 20 days of the last served brief.

Rule 9.300 requires motions to clearly state grounds, relief sought, supporting arguments, and to include a certification of consultation with opposing counsel regarding objections. A response to a motion is due within 10-15 days, although the court may adjust this timeframe.

Rule 9.320 allows for oral argument requests to be filed separately, with deadlines of 10-15 days after briefs are due. Each side is allotted 20 minutes for argument, extendable in capital cases. The court can modify the oral argument process as needed.

Rule 9.330 addresses rehearing motions, stipulating a response timeframe of 10-15 days after motion service, with no changes for other provisions mentioned.

A motion for rehearing or clarification regarding bond validation decisions can be filed within 10 days of the order or as specified by the court, with a reply allowed within 5 to 10 days. If no timely motion is filed, the mandate will issue immediately. A district court of appeal may order an en banc rehearing on its own or upon a party's motion, which can only be based on exceptional importance or the need for uniformity in decisions; other grounds will be dismissed. Responses to such motions are due within 10 to 15 days. A vote on the motion will occur only if requested by a judge from the panel or any active judge. 

An appellant or petitioner may voluntarily dismiss a proceeding by filing a notice with the court clerk, effective after 10 to 15 days post-service of the notice or after specified periods for certain rules. An appellee or respondent seeking to realign as an appellant or petitioner must serve a notice of joinder within 10 to 15 days of the corresponding petition or notice and file it with applicable fees. 

For sanctions, a motion for attorneys’ fees must initially be served only on the party against whom sanctions are sought, within the time frame for responding to a challenged document. This motion requires a certificate of service and a certificate of filing that remains unsigned at initial service. The opposing party may respond to the sanction motion within 10 to 15 days, with the court having the discretion to adjust the response timeline.