Florida Supreme Court Implements Electronic Filing and Other Rule Changes

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The Florida Supreme Court, in a revised Order SC11-399 (Oct. 18, 2012) [.pdf], has adopted a host of rule changes at every court level in order to implement electronic filing and service. The centerpiece of the change to electronic filing are new Florida Rules of Judicial Administration Florida Rules of Judicial Administration 2.520 (Documents) and 2.525 (Electronic Filing). Together, these two rules govern the filing of any document that is a “court record.” Rule 2.520 is the “why,” defining electronic records, and Rule 2.525 is the “how-to”, explaining the nuts and bolts of how to file electronically. So be sure to read both very carefully.

To implement these new system-wide rules, the Court also adopted changes to the rules of civil, criminal, family, probate, small claims, and appellate procedure.

Electronic filing becomes mandatory in 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. For criminal, traffic, and juvenile divisions of the trial courts, as well as for appeals to the circuit court in these categories of cases, the effective date is October 1, 2013 at 12:01 a.m.

The changes are generally technical, but wide-sweeping. The rules affected include Florida Rules of Appellate Procedure 9.020 (Definitions), 9.110 (Appeal Proceedings to Review Final Orders); 9.120 (Discretionary Proceedings to Review Decisions of District Courts of Appeal); 9.125 (Review of Trial Court Orders and Judgments Certified by the District Courts of Appeal as Requiring Immediate Resolution by the Supreme Court); 9.130 (Proceedings to Review Non-Final Orders and Specific Final Orders); 9.140 (Appeal Proceedings in Criminal Cases); RULE 9.141. (Review Proceedings in Collateral or Postconviction Criminal Cases); RULE 9.142. (Procedures for REview in Death Penalty Cases); RULE 9.145 (Appeal Proceedings in Juvenile Delinquency Cases); RULE 9.146. (Appeal Proceedings in Juvenile Dependency and Termination of Parental Rights Cases); RULE 9.160. (Discretionary Proceedings to Review Decisions of County Courts); 9.180 (Appeal Proceedings to Review Workers’ Compensation Cases); 9.200 (the Record); 9.210 (Briefs); 9.220 (Appendix); 9.360 (Joinder); 9.500 (Advisory Opinions to the Governor); 9.510 (advisory Opinions to Attorney General); 9.900 (forms).

I encourage every practicing attorney to read SC11-399 very carefully. The most unfortunate change, in my view, is that the Court renumbered the definition of Rendition, from 9.020(h) to 9.020(i). The new 9.020(h) could easily have been put at the end, but now practitioners must be aware to both cite to the correct new subdivision when citing the rule on rendition, and to research both the old and the new numbering system when conducting research. I don’t see why adding such confusion over an already high-confusion area of the rules was really necessary.

All Digital in the First DCA

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Florida District Courts of Appeal Map Today’s the day that electronic filing by the clerks of court and court reporters becomes mandatory. As previously discussed, this means that the clerks of court and agencies within the First DCA — which encompases the 1st, 2nd, 3rd, 8th and 14th Circuits — now must transmit their certified copies of the Notice of Appeal and more the record electronically. The Notice of Appeal procedure isn’t too onerous, but I don’t look forward to the delay I envision as the trial court clerks get used to preparing an electronic record on appeal. Great job to the panhandle for leading the way into the 21st century for the Florida intermediate appellate courts.

Electronic Record in the First DCA

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Furthering its mission to become the first District Court of Appeal to have all electronic filing, the First District announced by administrative order that “lower courts, lower tribunals, and state agencies” within its purview will soon be required to upload the record on appeal electronically. Administrative Order 10-4 [.pdf] provides the clerks of court with detailed instructions for providing the First DCA with a certified copy of the notice of appeal using the eDCA portal, filing the order on appeal as a separate document, and also filing a separate “Notice of Appeal Transmittal Form,” electronically. ¶¶ 1, 1(e) and 1(f). For the time being, the filing fee will still be transmitted the old fashioned way. ¶ 1(b). The clerks are encouraged to start now, and required to fully implement the electronic filing of the notice of appeal and accompanying documents by October 1, 2010.

The Courts of Appeal were given the authority to dispense with paper filing back in June.

The record, too, will be required to be transmitted electronically starting October 1, 2010. Recognizing the bulk of the record, the transfer is done via ftp rather than upload to the eDCA system. ¶ 2. The clerks can obtain a waiver on a case-by-case basis if it is impossible to transmit the record electronically.

Court reporters also need to take heed of this order. They, too, must register with eDCA if they are going to ask for or file any pleadings with the Court. So if a court report wants an extension to prepare a transcript, she or he needs to file a motion using the eDCA portal. ¶ 3.