IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.030
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The Florida Supreme Court approved proposed amendments to Florida Rule of Criminal Procedure 3.030 regarding service and filing of pleadings and documents. The amendments clarify which documents are excluded from immediate deposit requirements with the clerk and update nomenclature to reflect the renamed Florida Rules of General Practice and Judicial Administration.
The Court adopted all proposed amendments to Rule 3.030, effective January 1, 2022. The amendments specifically exclude documents filed under rules 3.121, 3.125, 3.140(g), 3.160, 3.190, 3.240, 3.692, 3.811, 3.840, and 3.984 from immediate deposit requirements, and exclude attorney-filed documents under rules 3.600, 3.801(c), 3.850(c), and 3.853(b) from those requirements.
[1] The Florida Supreme Court has the authority to amend the Florida Rules of Criminal Procedure.
[2] Amendments to Florida Rule of Criminal Procedure 3.030 modify requirements for filing and depositing sworn or notarized documents with the clerk.
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Join FLexlaw to unlock all legal intelligence“This requirement does not apply to the documents filed pursuant to rules 3.121, 3.125, 3.140(g), 3.160, 3.190, 3.240, 3.692, 3.811, 3.840, and 3.984.”
Establishes the primary exclusions from the immediate deposit requirement for sworn or notarized documents
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Criminal Procedure Rules Committee filed a report proposing amendments to Rule 3.030. The proposed amendments addressed exclusions f…
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PER CURIAM.
This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Florida Bar’s Criminal Procedure Rules Committee (Committee) filed a report proposing amendments to Florida Rule of Criminal Procedure 3.030 (Service and Filing of Pleadings and Documents). Having considered the proposed amendments, the Court amends rule 3.030 as proposed by the Committee.
First, we amend subdivision (c) (Deposit with the Clerk), to provide that documents filed pursuant to rules 3.121, 3.125, 3.140(g), 3.160, 3.190, 3.240, 3.692, 3.811, 3.840, and 3.984 are specifically excluded from the subdivision’s requirement that a paper document that is required to be sworn or notarized be filed and deposited immediately with the clerk. Additionally, we add a sentence to subdivision (c), which provides that documents filed pursuant to rule 3.600, 3.801(c), 3.850(c), or 3.853(b) are specifically excluded from subdivision (c)’s requirement if they are filed by an attorney.
Next, we move the last sentence of subdivision (c)—requiring paper documents to be maintained in accordance with Rule of General Practice and Judicial Administration 2.430 (Retention of Court Records)—to new subdivision (d) and title it “Maintenance of Deposited Documents.” Finally, we amend references to the “Florida Rules of Judicial Administration” to reflect the updated name, the “Florida Rules of General Practice and Judicial Administration.” See In re Amends. to Fla. Rules of Jud. Admin.—2020 Regular-Cycle Report, 310 So. 3d 374 , 375-76 (Fla. 2021).
Accordingly, we amend Florida Rule of Criminal Procedure 3.030 as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck- -2-through type. The amendments shall become effective
January 1, 2022, at 12:01 a.m.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER