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eFiling Opinions

Supreme Court Opinion SC11-52 and Rule 2.526 (Accessibility of Information and Technology

(See page 9) Any document that is or will become a judicial branch record and that is transmitted in an electronic form must be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible to persons with disabilities, including the ADA, Section 508, as incorporated into Florida law by section 282.603(1), and any related federal or state regulations or administrative rules.   

State and federal laws – as applicable to various covered entities – along with the Florida Rules of Judicial Administration, require that qualified individuals with disabilities be afforded the same opportunities that are available to persons without disabilities. . . . (Read More)

A few highlighted points from opinion in re SC11-399 (E-Filing)

  • The new rules and amendments to the existing rules at issue in this case will require attorneys to file documents with the trial and appellate courts by electronic transmission and will operate in tandem with the new mandatory e-mail service requirements for pleadings and documents.
  • The new electronic filing requirements the Court adopts will become effective in the civil, probate, small claims, and family law divisions of the trial courts, as well as for appeals to the circuit courts in these categories of cases, on April 1, 2013, at 12:01 a.m., except as may be otherwise provided by administrative order.  Electronic filing will be mandatory in these divisions pursuant to rule 2.525 on that date.  However, until the new rules take effect in these divisions, any clerk who is already accepting documents filed by electronic transmission under the current rules should continue to do so; attorneys in these counties are encouraged to file documents electronically under the current rules. 
  • The new electronic filing requirements the Court adopts will become effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, on October 1, 2013, at 12:01 a.m., except as may be otherwise provided by administrative order.  Electronic filing will be mandatory in these divisions under rule 2.525 on that date.  As stated above, until the new rules take effect in these divisions, any clerk who is already accepting electronically filed documents under the current rules should continue to do so; attorneys are again encouraged to utilize existing electronic filing procedures under the current rules.
  • In the Supreme Court and in the district courts of appeal, the new electronic filing procedures adopted in this case will become effective October 1, 2012, at 12:01 a.m., except as may be otherwise provided by administrative order. 
  • Clerks will not be required to electronically transmit the record on appeal until January 1, 2013, at 12:01 a.m.  Until January 1, we encourage clerks, whenever possible, to electronically transmit the record under the new rules and requirements.

The Florida Supreme Court issued an opinion addressing mandatory e-mail service Thursday, June 21, 2012.  This original opinion contained an effective date of July 1, 2012.  However, a corrected opinion and correction notice were issued June 26, 2012 providing a revised effective date of September 1, 2012.  

E-Mail service becomes MANDATORY on September 1, 2012 in civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases.  Effective on this date, service solely by U.S. Mail will no longer be allowed.  (E-mail service in criminal, traffic and juvenile matters is not mandatory until October 1, 2013).

The Florida Bar has developed and is providing an educational document on the mandatory e-mail service requirements.

A few highlighted points from corrected opinion in re SC10-2101(e-Service)

  • We accept the workgroup’s recommendation to delay mandatory e-mail service in the criminal, traffic, and juvenile divisions of the trial court until electronic filing is also mandatory in these divisions.  Accordingly, the rule amendments that we adopt in this case will become effective September 1, 2012, at 12:01 a.m.; however, they will be implemented as set forth in this opinion.
  • E-mail service will be mandatory for attorneys practicing in the civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases, when the rule amendments take effect on September 1, 2012. 
  • When the rules take effect on September 1, attorneys practicing in the criminal, traffic, and juvenile divisions of the trial court may voluntarily choose to serve documents by e-mail under the new procedures, or they may continue to operate under the existing rules. 
  • E-mail service will be mandatory for attorneys practicing in these divisions on October 1, 2013, at 12:01 a.m. (the date on which electronic filing will be mandatory in these divisions).
  • Pursuant to rule 2.516(b)(1), self-represented parties involved in any type of case in any Florida court, may, but are not required to, serve documents by e-mail.  Attorneys excused from e-mail service are also not obligated to comply with the new e-mail service requirements.