Get Your Revised Eleventh Circuit Rules Here — Bonus Tip for iPad Users!

/0 Comments/in , , , , /by

The Eleventh Circuit published a new, complete .pdf of its rules effective August 1, 2012. The changes to the Court’s local rules and IOPs are minor, but at least one of them is very interesting: the court has changed the rule to allow folks to purchase CDs of oral argument. The Court also amended the rules to eliminate references to specific dollar amounts for fees, so that it no longer need amend the local rules whenever there is a statutory fee change.

The Eleventh Circuit has always kindly provided a guide for replacing the pages where there are changes in your current copy of the rules, so that practitioners can retain their annotations and only pull out the pages where there are actual changes. If, like me, you’ve switched to using an iPad for most of your research needs, Adobe Acrobat X makes it very simple to do the electronic equivalent of changing out the necessary pages of your notebook. Save the new rules to your computer at an easy to find location, then open your old copy and under TOOLS select “REPLACE”. Adobe will prompt you to select the new file from which you want to take the replacement pages:

Screen Capture of Replace Pages Dialog

In this case, the .pdf page numbers and the listed page numbers align perfectly, so it is very simple to follow the directions on page 2 of the Court’s .pdf and replace, section by section, the necessary pages. And voila! My copy of the rules is up to date, and I didn’t have to give up all of my annotations.

The New Rule 9.420 — Time and Service

/0 Comments/in , , , , , , , , , /by

Coming on the heels of mandatory e-mail service, the Florida Supreme Court has revised the rules for calculation of time, to be uniform across all of the rules. See SC10-2299 (July 12, 2012) [.pdf]. As with e-mail service, the new time calculation rules are found in the Florida Rules of Judicial Administration — Florida Rule of Judicial Administration 2.514 (Computing and Extending Time) will be your your new best friend come October 1, 2012.

New Rule 2.514 models itself somewhat after the Federal Rules’ addition of direction for calculating time periods stated in days or hours. However, it does not go so far as to entirely adopt a “days are days” philosophy:

When the period stated in days is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Fla. R. Jud. Admin. Rule 2.514(a)(3)(effective Oct. 1, 2012). No doubt, this is to avoid having to go through the legislature to amend statutory calculations that were based on the old rule.

It is now official that the last day ends at midnight, at least for electronic filing and any service, which as always is a blessing and a curse for lawyers everywhere. Rule 2.514(4)(A). If filing is being done by other means (i.e., in person) the last day ends remains when the clerk’s office closes (and remember, clerk’s offices are closing earlier due to budget constraints, so be careful!). Rule 2.514(4)(B).

The new rule also clarifies what constitutes a legal holiday — before, what constituted a holiday varied between the civil rules and the appellate rules. A legal holiday is now

(A) the day set aside by section 110.117, Florida Statutes, for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day; and
(B) any day observed as a holiday by the clerk’s office or as designated by the chief judge.

Interestingly, former case law often looked to Section 683.01, Florida Statutes, entitled “Legal Holidays”, to determine what constituted a holiday. See, e.g., Flack v. Carter, 392 So. 2d 37, 39 (Fla. 1st DCA 1980)(looking to 683.01 to determine whether electoral protest was timely filed); Turner v. State, 382 So. 2d 780, 782 (Fla. 4th DCA 1980)(legal holiday under criminal rules of procedure as defined in 683.01); Azalea Homes v. Makela, 77 So. 2d 451, 452 (Fla. 1955)(refusing to apply Section 683.01 to deem petition filed on Tuesday July 6 to be timely where it was due Monday July 5 but Sunday July 4 was the legal holiday). All of these cases are likely superseded by new Rule 2.514. One would hope that there will be less need for litigation over calculation issues with the new rule.

Finally, lawyers still get to keep their precious mailing days, even when there is service by e-mail. New Rule 2.514(b) reads:

(b) Additional Time after Service by Mail or E-mail. When a party may or must
act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire under subdivision (a).

Fla. R. Jud. Admin. 2.514(b) (effective Oct. 1, 2012).

Coupled with the changes to the service rule, As of October 1, 2012 Fla. R. App. P. 9.420 will be an almost entirely different creature. I’ve inserted a copy of the two new Rules of Judicial Administration right after Rule 9.420 in my .pdf of the appellate rules, so that I don’t need to flip back and forth between files on my iPad when the issue comes up. Be sure to alert staff to these important changes.

Mandatory E-mail Service Doesn’t Start Today!

/0 Comments/in , , , , , /by

The Florida Supreme Court last month mandated e-mail service of all court documents. Although that rule was initially slated to start today, thankfully you now have until September 1, 2012 to start e-service. Still, if you haven’t already, make sure you read the order, which creates a new rule of Judicial Administration and radically changes Florida Rule of Civil Procedure 1.080 and Florida Rule of Appellate Procedure 9.420. I’ve laid out all of the details in my prior post on this issue.