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Florida Rules of Procedure

Florida Rules of Appellate Procedure; PDF document opens in new window September 29, 2016

Florida Rules of Civil Procedure; PDF document opens in new window updated March 16, 2015

Florida Rules of Criminal Procedure; PDF document opens in new window updated November 23, 2016
Florida Family Law Rules of Procedure; PDF document opens in new window updated January 29, 2015

Florida Rules of Judicial Administration; PDF document opens in new window updated September 8, 2016

Florida Rules of Juvenile Procedure; PDF document opens in new window updated September 16, 2016

Florida Probate Rules; PDF document opens in new window updated September 15, 2016

Florida Small Claims Rules; PDF document opens in new window updated March 5, 2015


Florida Rules of Traffic Court; PDF document opens in new window updated January 1, 2016

Florida Supreme Court Standards for Electronic Access to the Courts PDF document opens in new window provides guidance and specific technical information about court document filings.


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Proposed Court Rule Amendments
APPELLATE COURT RULES COMMITTEE, CIVIL PROCEDURE RULES COMMITTEE, CRIMINAL PROCEDURE RULES COMMITTEE, AND RULES OF JUDICIAL ADMINISTRATION COMMITTEE, OUT-OF-CYCLE REPORT PDF document opens in new window
The Appellate Court Rules Committee, the Civil Procedure Rules Committee, the Criminal Procedure Rules Committee, and the Judicial Rules of Administration Committee invite comments on the proposed rule amendments anticipated to be included in the Committees’ joint out-of-cycle report regarding computation of time for documents service via e-mail. The full text of the proposals can be found on The Florida Bar’s website. PDF document opens in new window Interested persons have until January 15, 2017, to submit any comments, electronically to Kristin A. Norse, Chair of the Appellate Court Rules Committee, at knorse@kmf-law.com; Roger James Haughley, II, Chair of the Civil Procedure Rules Committee, at rhaughey@sbwlegal.com; H. Scott Fingerhut, Chair of the Criminal Procedure Rules Committee, at hsfpa@aol.com; Judge Steven Scott Stephens, Chair of the Rules of Judicial Administration Committee, at DivisionL@fljud13.org; and to staff liaisons Krys Godwin at kgodwin@floridabar.org, and Heather Savage Telfer at htelfer@floridabar.org.

Rule /Form
Vote
Explanation
Rule 1.17029-0-0Replaces in subdivision (g) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516.
Rule 1.26029-0-0Replaces in subdivision (a)(1) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516.
Rule 1.35128-0-1Replaces in subdivision (b) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516 and amends the notice of intent to serve a subpoena time within the rule resulting in 10-days when service by e-mail.
Rule 1.41029-0-0Replaces in subdivision (c) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516.
Rule 1.44029-0-0Replaces in subdivision (c) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516.
Rule 1.44222-6-1Replaces in subdivision (c)(2)(G) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516.
Rule 1.51026-1-1Replaces in subdivision (c) the reference to Rule 1.080 with a reference to Rule of Judicial Administration 2.516 and provides that service is completed by the sending of e-mail.
Rule 2.51419-5Amends subdivision (a)(1)(A) to specify that counting begins on the next day that is not a Saturday, Sunday, or holiday. Removes e-mail from subdivision (b) regarding the addition of 5 days for responding to service by mail.
Rule 2.51619-4Deletes subdivision (b)(1)(D)(iii) that defines e-mail service be treated as service by U.S. mail for computation of time purposes.
Rule 3.04024-1Deletes the reference to subdivision (a) of Florida Rule of Judicial Administration 2.514. Removing this subdivision reference will conform to the amendments to Florida Rule of Judicial Administration 2.514 (Computing and Extending Time).
Rule 3.07024-1Deletes the rule to resolve conflict with Florida Rule of Judicial Administration 2.416 (Service of Pleadings and Documents).
Rule 9.10035-0Amends subdivision (k) to add 5 days to timeframe for service of the petitioner’s reply.
Rule 9.11035-0Amends subdivision (g) to add 5 days to timeframe for service of appellant’s notice of cross-appeal.
Rule 9.12035-0Amends subdivision (d) to add 10 days to the timeframe for the service of the respondent’s brief on jurisdiction. Provides consistency in the timeframes throughout the rules set.
Rule 9.12535-0Amends subdivision (d) to add 5 days to the timeframe for the filing of a response upon service of the suggestion.
Rule 9.13035-0Amends subdivision (g) to add 5 days to timeframe for service of appellant’s notice of cross-appeal.
Rule 9.14035-0Amends subdivision (b)(4) to add 5 days to the timeframe for service of defendant’s notice of cross-appeal. Amends subdivision (c)(3) to add 5 days to timeframe for service of state’s notice of cross-appeal.
Rule 9.14135-0Amends subdivision (b)(2)(C)(ii) to add 10 days to the timeframe for service of the appellant’s response. Provides consistency in the timeframes throughout the rules set.
Rule 9.14235-0Amends subdivision (a)(2) to add 5 days for the state to serve its initial brief and an additional 10 days for the defendant to serve his or her brief. Amends subdivision (c)(8) to add 10 days to the timeframe for service of the petitioner’s reply. Provides consistency in the timeframes throughout the rules set.
Rule 9.14635-0Amends subdivision (g)(3)(B) to add 10 days to the timeframe for service of the initial brief. Adds 10 days to the timeframe for service of the answer brief. Adds 5 days to the timeframe for service of the reply brief. Provides consistency in the timeframes throughout the rules set.
Rule 9.18035-0Amends subdivision (f)(6)(B) to add 5 days to the timeframe for filing written objections regarding the reporter selected. Amends subdivision (g)(3)(F) to add 10 days to the timeframe for filing an objection to the petition. Provides consistency in the timeframes throughout the rules set.
Rule 9.20035-0Amends subdivision (b)(4) to add 5 days to the timeframes for serving objection or proposed amendments to the state of proceedings.
Rule 9.21035-0Amends subdivision (f) to add 10 days to the timeframe for service of the answer brief. Adds 10 days to the timeframe for service of the reply brief. Adds 10 days to the timeframe for service of the cross-reply brief.
Rule 9.30035-0Amends subdivision (a) to add 5 days to the timeframe for serving a motion.
Rule 9.32035-0Amends subdivision (a) to add 5 days to the timeframe for filing a request for oral argument in an appeal. Amends subdivision (b) to add 5 days for service of the request for oral argument in proceedings commenced by the filing of a petition.
Rule 9.33035-0Amends subdivision (a) to add 5 days to the timeframe for service of a response to a motion for rehearing, clarification, or certification. Amends subdivision (c) to add 5 days to the timeframe for filing a reply to a motion for rehearing or clarification of a decision in proceedings for the validation of bonds.
Rule 9.33135-0Amends subdivision (d)(1) to add 5 days to the timeframe for serving a response to a motion for rehearing en banc.
Rule 9.35035-0Amends subdivision (b) to add 5 days to the timeframe for a dismissal to be effective.
Rule 9.36035-0Amends subdivision (a) to add 5 days to the timeframe for a party, wishing to join in a proceeding as a petitioner or appellant, to serve a notice of joinder.
Rule 9.41035-0Amends subdivision (b)(3) to add 5 days to the timeframe for service of a response to a challenged claim. Amends subdivision (b)(5) to add 5 days to the timeframe for service of a response.


APPELLATE COURT RULES COMMITTEE PDF document opens in new window
REGULAR CYCLE REPORT 2017


The Appellate Court Rules Committee (“Committee”) published for comment amendments to 41 rules in the July 1, 2016, edition of The Florida Bar News. Following comments, the Committee approved additional proposed amendments that revoke some previously published amendments to Rules 9.020, 9.200, and 9.300.

The Appellate Court Rules Committee now publishes the amendments reacting to comments received and invites comments on the proposed rule amendments anticipated to be included in the Committee’s regular cycle report. The full text of the proposals can be found on The Florida Bar’s website.

Interested persons should file comments with the Florida Supreme Court after the report has been filed. The regular cycle report will be filed no later than February 1, 2017. Comments should be served electronically to Kristin Norse, Chair of the Appellate Court Rules Committee, at knorse@kmf-law.com, and to the Bar staff liaison, Heather Telfer, at htelfer@floridabar.org.

Rule/Form
Vote
Explanation
Rule 9.020.37-2Proposed, previously published, amendments to renumbered subdivision (h) “Rendition (of an Order)” defining rendition of electronically docketed documents were revoked by the Committee during its October 21, 2016, meeting. Proposed, previously published, amendments to renumbered subdivision (i) “Rendition of an Appellate Order” defining rendition for electronically docketed appellate orders were revoked. Proposed, previously published, committee note was revoked. All other published amendments remain.
Rule 9.170.38-0Amends subdivision to refer to the correct subdivision of Rule 9.200 (The Record). All other published amendments remain.
Rule 9.200.38-0Proposed, previously published, amendments to subdivision (b) addressing a statement of evidence or proceedings were revoked by the Committee during its October 21, 2016, meeting. Proposed, previously published, committee note was revoked. All other published amendments remain.
Rule 9.300.38-0Proposed, previously published, amendments to Rule 9.300(b) were revoked by the Committee during its October 21, 2016, meeting. This rule will not be amended in the regular cycle report.


RULES OF JUDICIAL ADMINISTRATION COMMITTEE
THREE-YEAR CYCLE AMENDMENTS PDF document opens in new window

The Rules of Judicial Administration Committee invites comments on proposed three-year cycle amendments to the Rules of Judicial Administration.PDF document opens in new window The proposed amendments will be filed with the court by February 1, 2017. Pursuant to Fla.R.Jud.Admin. 2.140(b)(2), interested persons have until August 31, 2016, to submit comments electronically to The Honorable Steven S. Stephens, Chair, Rules of Judicial Administration Committee, stephenss@fljud13.org, with a copy to the Bar staff liaison, Krys Godwin, kgodwin@floridabar.org.


RULE/FORM VOTE EXPLANATION
2.140. (Amending Rules of Court)(a)(4)–(a)(6): 21-4-2
























All others:
30-1-0
Amends subdivision (a)(4) to more clearly define the requirements for membership within a rule of procedure committee and clarifies the role of the voting committee liaison members within the Rules of Judicial Administration Committee. Amends subdivision (a)(5) to clarify: that rule amendments may originate by committee members or from others; the procedure of approving proposed rule amendments; the requirement for record keeping, and distribution and sharing of the records with other committees. Amends subdivision (a)(6) to redefine the role of the Rules of Judicial Administration Committee review of all committees’ proposed rules: requires a review of all rules for possible general or common application; confirms the requirement for regular and prompt communication between committees regarding the Rules of Judicial Administration Committees reviews and referrals to other committees possibly being impacted by proposed rules; establishes the time-line for the Rules of Judicial Administration Committee’s review and the procedure for communication of that review. Proposes procedures to share that review with the Board of Governors and the supreme court.

Amends many other subdivisions of this rule to more clearly detail the procedure for rules of procedure amendments. Generally, the chair and vice chair terms are pluralized; the word “Internet” is deleted; “News” referring to The Florida Bar News is italicized; “The” for The Florida Bar is capitalized where appropriate; “hearing” is changed to “oral argument” throughout; and “of this rule” is deleted when not necessary because no other rule is cited to lead to confusion. Specifically, subdivision (a)(2) requires proposed rule amendments be submitted to the committee chair and attorney staff liaison of the pertinent committee. Subdivision (b) title is amended to define the procedure for 3-year cycle reports; extends the time for committees to review comments received by 16 days; clarifies the publication requirement; Bar staff liaison is included as a receiver of comments, notices, and filings; and includes a necessary inclusion of The Florida Bar Executive Director as a required party in the filings. Subdivision (e) is renamed as Committee Out-of-Cycle Reports and two types of filings are detailed: filings stimulated by an emergency or in response to a legislative amendment that are time-sensitive enough that they must be filed with the court without prior publication by the committee; and filings stimulated by a non-emergency, yet time-sensitive, concern that cannot wait for the committee’s 3-year cycle report schedule yet is not an emergency so the matter may be published by the committee and comments will be considered prior to submission to the court.
2.510. (Foreign Attorneys)(a): 35-0





Form (editorial)
Amends subdivision (a) (Eligibility) by adding a sentence to clarify that the rule does not apply to foreign attorneys who are permitted to be named or appear by federal law (i.e., Federal Attorney General or Solicitor General of the United States).

Amends paragraph 10 of the Verified Motion form to update the term “disciplinary resignation” to the current “disciplinary revocation” per the Rules Regulating The Florida Bar. (101 So. 3d 807.)
2.516. (Service of Pleadings and Documents)(b)(1)(E)(i):
19-4-0



(b)(2): 26-4-0
Amends subdivision (b)(1)(E)(i) (Format of E-mail for Service) by adding “and case style” in the subject line of the e-mail used for service of any document.

Amends subdivision (b)(2) (Service by Other Means) by providing an option to note the inability to serve a party within the certificate of service and providing information of where a copy of the served document may be obtained.
2.560. (Appointment of Spoken Language Court Interpreters for Non-English-Speaking and Limited-English-Proficient Persons)27-0Amends subdivision (a) (Criminal or Juvenile Delinquency Proceedings) to provide a non-English-speaking or limited-English-proficient parent, in any juvenile delinquency proceeding, the appointment of an interpreter.



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Guidelines for Rules Submissions

Supreme Court Guidelines for Rules Submissions PDF document opens in new window

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Rules of Court Procedure Opinions

Florida Supreme Court opinions External Link

Florida Standard Jury Instructions External Link

Standard Jury Instructions in Criminal Cases 1970 External Link


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[Revised: 12-08-2016]