Service of Pleadings and Papers Flashcards
How must service of pleadings be made?
Now, under Florida law, service of pleadings is mandatory by email. All documents required or permitted to be served on another party must be served by e-mail
When must a pleading be served on a party?
Every pleading subsequent to the initial pleading (the complaint) must be served on each party to the action promptly after being filed with the court
How was service formerly required to be made?
Historically, service was made in the following manner:
a. Hand delivery—To the attorney or the attorney’s office.
b. Mail—To the attorney at the last known address. Service is deemed to be complete upon mailing.
c. Fax—Service is deemed to be complete upon transmission from fax machine. Service after 5 PM is deemed to be served on the next business day. Service by fax must be backed up by one of the other two methods.
Service on Attorneys
All attorneys shall designate a primary email address and no more than two secondary email addresses. If an attorney does not designate an email address, then it will be the default address that is on account with the Florida Bar.
Exception to Email Service on Attorneys:
Upon motion by an attorney demonstrating that the attorney has no e-mail account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e-mail service.
Service on and by Parties Not Represented by an Attorney.
Any party not represented by an attorney may serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding.
If a person does not have an email address, then the person can be served by the historical methods discussed previously.
When is service complete in FL?
Service by e-mail is complete when it is sent. An e-mail is deemed served on the date it is sent.
If the sender learns that the e-mail did not reach the address of the person to be served, the sender must immediately send another copy by e-mail, or by the historical means mentioned earlier.
E-mail service is treated as service by mail for the computation of time.
No service need be made on parties against whom a default has been entered, except:
- an action for final hearing
- a copy of the final judgment
- an amended complaint
How to count time for pleadings
Always start on the day after the event
For lengths of time of 7 days or more, Saturdays Sundays and holidays are counted except if the final day lands on a Saturday, Sunday, or holiday, then it is the next business day
If you have an action that must be taken in less than 7 days then you do not count Saturdays, Sundays, or holidays.
