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Proposed Amendments to Family Law Rules Concerning Service in Rule 12.351

The Family Law Rules Committee invites comments on the proposed rule amendment anticipated to be included in a report to the court concerning Rule 12.351 (Production of Documents and Things Without Deposition).

Interested persons have until April 30, 2021, to submit any comments, electronically, to Cory Brandfon, chair of the Family Law Rules Committee, and to Bar staff liaison Mikalla Davis.

Proposal Summary

Interested persons have until April 30, 2021, to submit any comments, electronically, to Cory Brandfon, Chair of the Family Law Rules Committee, at [email protected], and to the Bar staff liaison Mikalla Davis at [email protected] 12.351 (Production of Documents and Things Without Deposition) 18-0-0 In subdivision (b), “General Practice and” is added to update the rule set name change in the Court’s opinion in SC20-165.

Also, in that subdivision, adds “,facsimile, or e-mail” in compliance with In Re: Amendments to the Florida Rules of Civil Procedure, The Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure) and the Florida Rules of Appellate Procedure—Electronic Service, 258 So.3d 1245 (Fla. 2018) that eliminates the 5 extra days for e-mail service and adds facsimile as it is a permissible form of service.

As well, in compliance with the 5-day rule opinion, adds “if service is by delivery, facsimile, or e-mail or within 15 days if service is by mail” to clarify when the objection to production is due.

Full Text of Proposal

Publication Rule 12.351 March 2021