IN RE AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.516

Fla. | 2013-04-04
No. SC13-73
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
112 So. 3d 1173 Florida Supreme Court (2013) Positive Treatment
Cited by 4 cases

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Synopsis

The Florida Supreme Court adopted out-of-cycle amendments to Florida Rule of Judicial Administration 2.516 governing electronic service of pleadings and documents. The Court approved the Florida Bar's Rules of Judicial Administration Committee proposals to clarify and modify the recently adopted mandatory e-mail service rule, addressing implementation questions that had arisen.


Holding

The Court adopted substantially all of the Committee's proposed amendments to Rule 2.516, except for the proposal to change the spelling of 'e-mail' to 'email' throughout the rule. The amendments allow stipulation to alternative service methods, clarify that attorneys need not file separate e-mail designations, specify that e-mail service is complete when sent, and provide that when multiple service methods are used, the computation of time is based on the method providing the shortest response time.


Headnotes

[1] Parties may stipulate to methods of service other than e-mail under Florida Rule of Judicial Administration 2.516.

[2] An attorney need not file a separate designation of a primary e-mail address to comply with Florida Rule of Judicial Administration 2.516.

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Key Quotes

“All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides.”

Establishes the fundamental requirement of e-mail service with the flexibility added by the amendments to allow parties to stipulate to alternative methods.

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Facts & Procedural History

Rule 2.516 had been recently adopted to require e-mail service of pleadings and documents between parties. After adoption, the Florida Bar's Rules of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Before the Court are proposed out-of-cycle amendments to recently adopted Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Documents), which requires e-mail service of pleadings and documents between parties.1 *1174 See Fla. Rule Jud. Admin. 2.140(e). The amendments are proposed by The Florida Bar’s Rules of Judicial Administration Committee (Committee) in response to inquiries received by the Committee, The Florida Bar, and the Clerk of this Court concerning the implementation and interpretation of the new rule.2 We have jurisdiction3 and adopt all the Committee’s proposals, except the proposal to change the word “e-mail,” as used throughout the rule, to “email.”

After considering the proposals, we amend rule 2.516 as follows. Subdivisions (b)(1) (Service by Electronic Mail (“email”)) and (b)(1)(B) (Exception to E-mail Service on Attorneys) are amended to allow parties to stipulate to methods of service other than e-mail. Subdivision (b)(1)(A) (Service on Attorneys) is amended to clarify that an attorney need not file a separate designation of e-mail address. Subdivision (b)(1)(D) (Time of Service) is amended to clarify when e-mail service is complete. Subdivision (b)(2) (Service by Other Means) is amended to clarify that if more than one method of service is used, the computation of time is based on the method of service that provides the shortest response time. Finally, we adopt the proposed stylistic changes, other than the proposal to change the word “e-mail” to “email” throughout the rule.4

Accordingly, Florida Rule of Judicial Administration 2.516 is amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption,5 interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.6

It is so ordered.

*1175POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

APPENDIX

RULE 2.516 SERVICE OF PLEADINGS AND DOCUMENTS

(a) [No Change]

(b) Service; How Made. 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.

(1) Service by Electronic Mail (“email”). All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides. Whe%~in-addition ■to — service by e-mail, the sender also utilizes-another means of service-provided for in subdivision-(-b)(2),any differing time-limits-and other provisions applicable to that other-means of service control.

(A)Service on Attorneys. Upon appearing in a proceeding, an attorney must serve a designation ofdesig-nate a primary e-mail address and may designate no more than two secondary e-mail addresses. Thereafter, service must be directed to all designated e-mail addresses in that proceeding. Every document filed by an attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. 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.

(B) Exception to E-mail Service on Attorneys. Service by-an attorney on another attorney must-be-made by e-mail unless excused by — the.court. Upon motion by an attorney demonstrating that the attorney has no email account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (b)(2) of this rule.

(C) [No Change]

(D) Time of Service. Service by e-mail is complete whenon the date it is sent.

(i) An-e-mail 'is deemed served on the-date-it-is sent.

*1176the sender learns that the email did not reach the address of the person to be served, the sender must immediately send another copy by e-mail, or by a means authorized by subdivision (b)(2) of this rule.

(iii) E-mail service is treated as service by mail for the computation of time.

(E) Format of E-mail for Service. Service, of a document by e-mail is made by an e-mail sent to all addresses designated by the attorney or party with either (a) a copy of the document in PDF format attached or (b) a link to the document on a website maintained by a clerk.

(i)-(ii) [No Change]

(iii) Any document served by e-mail may be signed by any of the “/s/,” “/s,” or “s/” formats, as long as the filed originaldocument is signed in accordance with the applicable rule of procedure.

(iv) [No Change]

(2) Service by Other Means. In addition to, and not in lieu of, service by email, service may also be made upon attorneys by any of the means specified in this subdivision (b)(2). If a document is served by more than one method of service, the computation of time for any response to the served document shall be based on the method of service that provides the shortest response time. Service on and by all parties who are not represented by an attorney and who do not designate an e-mail address, and on .and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon:

(A)-(F) [No Change]

(c) [No Change]

(d) Filing. All original documents must be filed with the court either before service or immediately thereafter, unless otherwise provided for by general law or other rules. If the original of any bond or other document required to be an original is not placed in the court file or deposited with the clerk, a certified copy must be so placed by the clerk.

(e)-(h) [No Change]


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Citator

Cited By

  • …nic filing of documents through the Portal); In re Statewide Standards for Elec. Access to the Courts, Fla. Admin. Order No. AOSC09-30 (July 1, 2009) (updating standards for electronic filing). . See In re Amends, to Fla. Rule of Jud. Admin. 2.516, 112 So. 3d 1173 (Fla.2013) (amending e-mail service rule); In re Amends, to Fla. Rules of Jud. Admin., Fla. Rules of Civ. Pro., Fla. Rules of Crim. Pro., Fla. Probate Rules, Fla. Rules of Traffic Court, Fla. Small Claims Rules, Fla. Rules of Juv. Pro., Fla. Rules o…
  • …ents for e-mail service in the Juvenile Procedure rules with amendments to Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Documents), adopted by the Court in In re Amendments to Florida Rule of Judicial Administration 2.516, 112 So. 3d 1173 (Fla.2013). The Committee’s proposals were unanimously approved by the Board of Governors of The Florida Bar. After considering the Committee’s straightforward proposals under our fast-track procedures, we adopt the amendments as proposed. The Flor…

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