The Florida Bar rules committees have filed an out-of-cycle report of proposed rule amendments to implement electronic filing of documents with courts. The Court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml.
(c) Documents Affected.
(1) All documents that are court records, as defined in rule 2.430(a)(1),
(A) the clerk
(B) the clerk
All documents filed by electronic transmission under this rule satisfy any requirement for the filing of an original, except where the court, law, or rule of procedure otherwise provides for the submittal of an original.
If you are a process server in Florida you may be wondering so what does this have to do with me? That depends upon the types of services you are offering your law firm customers.
- If you are providing court filing for a fee to your customers in those counties that are currently enabled for eFiling it likely means that you will no longer have any role in the filing of any court documents.
- If you provide court filing as part of your service of process package or bundled price in those counties that are enabled for eFiling it likely means that you will no longer be able to say that the court filing task is part of what justifies your bundled service of process price.
- If you file your certificates of service as part of your service of process bundled price in those courts that are enabled for eFiling it likely means that you will no longer be able to say that the court filing of the certificate is part of what justifies your bundled service of process price.
- If on the other hand you hate dealing with the courts, standing in line to see a clerk and otherwise waiting for documents to be filed in those courts that are enabled for eFiling you are in luck if this proposed rule change is adopted.
That means that Florida attorneys will no longer be able to use a messenger, courier, overnight provider, fax or U.S. mail to give notice to all parties for all documents subsequent to the initial documents filed in a new action.
It appears the State Courts of Florida are embarking upon a journey into a Brave New World.
posted by Jeff Karotkin