Florida Supreme Court Mandates Service by E-Mail

The Florida Supreme Court handed down two decisions on June 21, 2012 (SC11-399 and SC10-2101) amending (among other rules) The Florida Rules of Civil Procedure and Judicial Administration.  The Court adopted proposed amendments implementing mandatory electronic filing procedures for all documents filed in Florida courts. Additionally, amendments to the rules of court require e-mail service of pleadings and documents between parties.  Opinion 10-2101 indicates mandatory e-mail service for all civil divisions of the trial court (including medical malpractice), as well as in all appellate cases, will be effective on July 1, 2012 at 12:01 a.m.  Florida Rule of Judicial Administration 2.516 states: “all documents required or permitted to be served on another party must be served by e-mail.  The amendments do not specifically state their application to Medical Malpractice and Nursing Home presuit periods and discovery documents.  While these are not technically pleadings, in abundance of caution and for uniformity, it would be best to serve these documents through e-mail.

Mandatory electronic filing will not begin for all Florida courts until 2013.  On April 1, 2013, civil divisions of the trial courts (including medical malpractice), as well as for appeals to the circuit courts in will have to be electronically filed pursuant to Florida Rule of Judicial Administration 2.525.  In the interim, each county clerk will be implementing an electronic filing system.

For further assistance or questions, please contact:  Paula Parisi - mail to: paula.parisi@csklegal.com or call 813-864-9311


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