Florida Rules of General Practice and Judicial Administration

Rule 2.505. Attorneys

(a) Scope and Purpose. All members of The Florida Bar in good standing are permitted to practice law in Florida. Attorneys of other states who are not members of The Florida Bar in good standing cannot engage in the practice of law in Florida except to the extent permitted by rule 2.510.

(b) Persons Employed by the Court. Except as provided in this subdivision, a full-time employee of the court must not practice as an attorney in any court or before any agency of government while continuing in that position. Any attorney designated by the chief justice or chief judge may represent the court, any court employee in the employee’s official capacity, or any judge in the judge’s official capacity, in any proceeding in which the court, employee, or judge is an interested party. An attorney formerly employed by a court must not represent anyone in connection with a matter in which the attorney participated personally and substantially while employed by the court, unless all parties to the proceeding consent after disclosure.

(c) Attorney Must Not Be Surety. Attorneys or other officers of court must not enter themselves or be taken as bail or surety in any proceeding in court.

(d) Stipulations. A private agreement or consent between parties or their attorneys concerning the practice or procedure in an action is unenforceable unless it is in writing and signed by the party or the party’s attorney against whom enforcement is sought. Parol agreements may be made before the court if promptly made a part of the record or incorporated in the stenographic notes of the proceedings. Agreements made at depositions that are incorporated in the transcript need not be signed when signing of the deposition is waived. This rule does not apply to settlements or other substantive agreements.

(e) Appearance of Attorney. An attorney may appear for a party in an action or proceeding in any of the following ways.

(1) First Pleading or Document. Signing the first pleading or other document filed on behalf of a party.

(2) Notice of Appearance. Filing a notice of appearance on behalf of a party.

(3) Order on Substitution of Counsel. Filing of a written order by the court, that reflects written consent of the client. The court may condition substitution of counsel upon payment of or grant of security for the substituted attorney’s fees and expenses or upon such other terms as may be just.

(4) Notice of Substitution of Counsel. Filing a notice of substitution of counsel when the substituting attorney is from the same law firm, company, or governmental agency as the replaced attorney.

(5) Notice of Limited Appearance. Filing a notice of limited appearance as permitted by another rule of court.

(6) Appearance as Stand-In Counsel. Appearing as stand-in counsel pursuant to subdivision (g).

(f) Termination of Appearance of Attorney. An appearance of an attorney for a party in an action or proceeding terminates only in the following ways.

(1) Withdrawal of Attorney. A written order of the court after hearing on a motion setting forth reasons for withdrawal and the client’s last known address, telephone number, and e-mail address. The client’s e-mail address in the order is the client’s designation of a primary e-mail address unless the client designates a different primary e-mail address or is excused under rule 2.516(b)(1).

(2) Substitution of Attorney. Substitution of counsel pursuant to subdivision (e)(3) or (e)(4).

(3) Termination of Proceeding. Termination of an action or proceeding and expiration of any applicable time for appeal when no appeal is taken, without any further action of the court unless otherwise required by another rule of court.

(4) Termination of Post-Judgment Appearances.

(A) In non-criminal matters in which an attorney has appeared after entry of judgment, filing of a notice of termination of appearance.

(B) In matters governed by the rules of criminal or juvenile procedure in which an attorney has appeared after entry of a judgment, entry of a written order of the court after hearing upon a motion setting forth the reasons for withdrawal.

(5) Termination of Limited Appearance. Filing a notice of termination of limited appearance in an action or proceeding in which an attorney has filed a notice of limited appearance pursuant to subdivision (e)(5).

(6) Termination of Hearing. Conclusion of a hearing or proceeding in which an attorney has appeared as stand-in counsel pursuant to subdivision (g).

(g) Stand-In Counsel. An attorney may stand in for another attorney to cover a proceeding or hearing only if a notice of stand-in counsel is filed or the appearance of stand-in counsel is reflected on a record maintained by the court or by the clerk of court. A stand-in attorney from the same law firm, company, or governmental agency as an attorney of record is not required to file a notice of stand-in counsel.

(h) Attorney as Agent of Client. An attorney appearing in an action or proceeding under subdivisions (e)(1)–(e)(6) is the agent authorized to bind the client for purposes of the action, hearing, or proceeding.

(i) Attorney of Record. An attorney appearing in an action or proceeding under subdivisions (e)(1)–(e)(5) is an attorney of record for the party for the matters specified.

(j) Law Student and Certified Legal Intern Participation. Eligible law students are permitted to participate as provided under the conditions of Chapter 11 of the Rules Regulating The Florida Bar.

Court Commentary

1997 Amendment. Originally, the rule provided that the follow-up filing had to occur within ten days. In the 1997 amendment to the rule, that requirement was modified to provide that the follow-up filing must occur “immediately” after a document is electronically filed. The “immediately thereafter” language is consistent with language used in the rules of procedure where, in a somewhat analogous situation, the filing of a document may occur after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All original papers shall be filed with the court either before service or immediately thereafter.”) (emphasis added). “Immediately thereafter” has been interpreted to mean “filed with reasonable promptness.” Miami Transit Co. v. Ford, 155 So. 2d 360 (Fla. 1963). The use of the words “other person” in this rule is not meant to allow a nonlawyer to sign and file pleadings or other papers on behalf of another. Such conduct would constitute the unauthorized practice of law. 2003 Amendment. Rule Regulating the Florida Bar 4-1.12(c), which addresses the imputed disqualification of a law firm, should be looked to in conjunction with the rule 2.060(b) [renumbered as 2.505(b) in 2006] restriction on representation by a former judicial staff attorney or law clerk.

Rule 2.514. Computing and Extending Time

(a) Computing Time. The following rules apply in computing time periods specified in any rule of procedure, local rule, court order, or statute that does not specify a method of computing time.

(1) Period Stated in 7 Days or Longer. When the period is stated in days or a longer unit of time:

(A) begin counting from the next day that is not a Saturday, Sunday, or legal holiday;

(B) count every day, including Saturdays, Sundays, and legal holidays that fall in between the first day counted and the last day counted; and

(C) include the last day of the period except if the last day is Saturday, Sunday, a legal holiday, or falls within a time extended by order of the chief justice, then the last day will fall on the next day that is not Saturday, Sunday, a legal holiday, or any period of time extended through an order of the chief justice.

(2) Period Stated in Days Less Than 7 Days. When the period stated in days is less than 7 days, Saturdays, Sundays, and legal holidays are not counted.

(3) Period Stated in Hours. When the period is stated in hours:

(A) begin counting immediately on the occurrence of the event that triggers the period;

(B) count every hour, including hours during Saturdays, Sundays, and legal holidays; and

(C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.

(4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends :

(A) 11:59:59 p.m., eastern time for electronic filing or for service by any means; and

(B) when the clerk’s office is scheduled to close for filing by other than electronic.

(5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(6) “Legal Holiday” Defined. “Legal holiday” means:

(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 justice or chief judge.

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

Rule 2.516. Service

(a) Service of Filed Documents. The filer of a document must serve it on all other parties as provided in this rule unless:

(1) the document is the first pleading filed in the action and is being served under the statutes and rules applicable to service of process;

(2) a statute, rule, or administrative court order of the Florida Supreme Court provides for a different method of service, and the document is served under that method;

(3) a statute, rule, or court order requires or permits the document to be filed without being served;

(4) the document is an application for a witness subpoena; or

(5) a default has been entered against the party and service is not required by law or another court rule.

(b) Service; How Made. Service must be made as follows unless the parties agree otherwise.

(1) Portal Service. Documents filed through the portal must be served using the portal’s e-service function. The portal will transmit a copy of the document electronically to each address on the service list, including the filer. Service on each listed recipient is complete on filing, but the filer must immediately serve by any permitted means any intended recipient that the filer learns did not receive a filed document.

(2) Email Service.

(A) On Unrepresented Parties. A party not represented by an attorney must file and serve a designation of a primary e-mail address and up to 2 additional e-mail addresses for service using Florida Rule of General Practice and Judicial Administration Form 2.602 unless the unrepresented party:

(i) is in custody; or

(ii) declares on Florida Rule of General Practice and Judicial Administration Form 2.601, under penalty of perjury, that the party does not have an e-mail account or does not have regular access to the Internet. The clerks of court must make this form available to the public at their offices and on their websites.

(B) Other Electronic Service.

(i) If a document is filed using an electronic court filing facility other than the portal, or if the document will be electronically served but not filed, service must be made by attaching the document in PDF format to an e-mail message and transmitting it to the recipient’s e-mail address(es).

(ii) If an attorney cannot be served at the e-mail address in the signature block or if there is no e-mail address in the signature block, the attorney may be served at the attorney’s official Florida Bar e-mail address.

(C) Format of E-mail Service. The title of the e-mail message serving a document must begin with “SERVICE OF COURT DOCUMENT” and be followed by the case number and a reasonable abbreviation of the style of the case. The body of the e-mail message must contain the style of the case, the title of the document, and the name and telephone number of the person serving the document. Service by e-mail is complete when sent.

(3) Service of Paper Documents.

(A) An unrepresented party who is in custody or who has signed the declaration on Form 2.601 may serve paper documents.

(B) A paper copy must be served on an unrepresented party if that party is not a Florida Bar member or an attorney who has been admitted pro hac vice and the party:

(i) is in custody;

(ii) signed the declaration on Form 2.601; or

(iii) has failed to register for the portal or designate an e-mail address for service.

The failure of a judge, magistrate, clerk, or other court official to serve a paper copy of a judgment or order in compliance with this subdivision does not affect the validity of the judgment or order, its finality, or any proceedings arising in the action.

(C) When service of paper is permitted or required, the paper must be served by hand delivery, United States mail, or other commercial delivery service at the address where process was served unless a court or the party designated a different address. Service by mail is complete on mailing. Service by delivery is complete on the day of delivery.

(c) Service on Judge or Other Court Official. Documents filed under rule 2.525 must not be served on the judge or other court official under this rule unless service is required by a statute, rule, administrative order, or court order. If permitted, service on a judge or other court official must be made electronically under subdivision (b) and the Florida Courts Technology Standards.

(d) Oversized Documents. For any document that must be served but is too large for portal or e-mail service, the party must serve the document in compliance with the Florida Courts Technology Standards.

(e) Technical Standards. Service must comply with the Florida Courts Technology Standards but noncompliance with technical requirements does not invalidate service unless the court so orders.

(f) Certificate of Service. A person establishes prima facie proof of service by including the following:

(1) certification;

(2) date of service;

(3) name(s) of person(s) served

(4) service address(es); and

(5) method of service.

The following sample certificate complies with this rule:

“I certify that on ….(date)….this document has been furnished to (here insert name(s) and service address(es) by (here insert method of service such as portal, e-mail, delivery, or mail).

Attorney at Law”

Rule 2.530. Communication Technology

(a) Definitions. The following definitions apply to this rule:

(1) “Audio communication technology” means electronic devices, systems, applications, or platforms that permit all participants to hear and speak to all other participants in real time.

(2) “Audio-video communication technology” means electronic devices, systems, applications, or platforms that permit all participants to hear, see, and speak to all other participants in real time.

(3) “Communication technology” means audio communication technology or audio-video communication technology.

(4) “Court official” means a county or circuit court judge, general magistrate, special magistrate, or hearing officer.

(b) Generally. Unless governed by another rule of procedure or general law and with the exception of civil proceedings for involuntary commitment pursuant to section 394.467, Florida Statutes, communication technology may be used for all proceedings before a court official, as provided by this rule. Subject to subdivision (b)(1) or (b)(2), if applicable, a court official may authorize the use of communication technology for the presentation of testimony or for other participation in a proceeding upon the written motion of a party or at the discretion of the court official. Reasonable advance notice of the specific form of communication technology to be used and directions for access to the communication technology must be provided in the written motion or in a written notice from the court official exercising discretion. The motion or notice must be served on all who are entitled to notice of the proceeding. A party may file an objection in writing to the use of communication technology within 10 days after service of the motion or notice or within such other period as may be directed by the court official. A party waives objections to the use of communication technology by failing to timely object to the motion or notice unless, before the date of the proceeding, the party establishes good cause for the failure to timely object. A courtesy copy of the written motion or objection must be provided to the court official in an electronic or a paper format as directed by the court official. The court official must consider any objection before authorizing the use of communication technology. The decision to authorize the use of communication technology over objection shall be in the discretion of the court official.

(1) Non-Evidentiary Proceedings. A court official must grant a motion to use communication technology for a non-evidentiary proceeding scheduled for 30 minutes or less unless the court official determines that good cause exists to deny the motion.

(2) Testimony.

(A) Procedure. A written motion by a party to present testimony through communication technology must set forth good cause why the testimony should be allowed in the specific form requested and must specify whether each party consents to the form requested. In determining whether good cause exists, the court official may consider, without limitation, the technological capabilities of the courtroom, how the presentation of testimony through communication technology advances the proceeding or case to resolution, the consent of the parties, the time-sensitivity of the matter, the nature of the relief sought and the amount in controversy in the case, the resources of the parties, the anticipated duration of the testimony, the need and ability to review and identify documents during testimony, the probative value of the testimony, the geographic location of the witness, the cost and inconvenience in requiring the physical presence of the witness, the need to observe the demeanor of the witness, the potential for unfair surprise, and any other matter relevant to the request.

(B) Administration of the Oath. Before testimony may be presented through communication technology, the oath must be administered to the witness as provided in this subdivision.

(i) Persons Administering the Oath is Physically Present with the Witness. An oath may be administered to a witness testifying through communication technology by a person who is physically present with the witness if the person is authorized to administer oaths in the witness’s jurisdiction and the oath is administered consistent with the laws of that jurisdiction.

(ii) Person Administering the Oath is not Physically Present with the Witness. An oath may be administered to a witness testifying through audio-video communication technology by a person who is not physically present with the witness if the person is authorized to administer oaths in the State of Florida and the oath is administered through audio-video communication technology in a manner consistent with the general laws of the State of Florida. If the witness is not located in the State of Florida, the witness must consent to be bound by an oath administered under the general laws of the State of Florida.

(C) Limitation on the Form of Communication Technology Used. If the use of communication technology is authorized under this rule for a proceeding in which the mental capacity or competency of a person is at issue, only audio-video communication technology may be used for the presentation of testimony by that person.

(c) Use by Jurors. At the discretion of a chief judge, an administrative judge, or a county or circuit court judge, prospective jurors may participate, prior to the beginning of voir dire, through communication technology in a court proceeding to determine whether the prospective jurors will be disqualified, be excused, or have their jury duty postponed. If authorized by another rule of procedure, prospective jurors may participate in voir dire and empaneled jurors may participate in a trial through audio-video communication technology.

(d) Burden of Expense. Unless otherwise directed by the court, the cost for the use of audio-video communication technology is the responsibility of the requesting party, subject to allocation or taxation as costs.

(e) Override of Family Violence Indicator. Communication technology may be used for a hearing on a petition to override a family violence indicator under Florida Family Law Rule of Procedure 12.650.

Rule 2.545. Case Management

(a) Purpose. Judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so. However, parties and counsel shall be afforded a reasonable time to prepare and present their case.

(b) Case Control. The trial judge shall take charge of all cases at an early stage in the litigation and shall control the progress of the case thereafter until the case is determined. The trial judge shall take specific steps to monitor and control the pace of litigation, including the following:

(1) assuming early and continuous control of the court calendar;

(2) identifying priority cases as assigned by statute, rule of procedure, case law, or otherwise;

(3) implementing such docket control policies as may be necessary to advance priority cases to ensure prompt resolution;

(4) identifying cases subject to alternative dispute resolution processes;

(5) developing rational and effective trial setting policies; and

(6) advancing the trial setting of priority cases, older cases, and cases of greater urgency.

(c) Priority Cases.

(1) In all noncriminal cases assigned a priority status by statute, rule of procedure, case law, or otherwise, any party may file a notice of priority status explaining the nature of the case, the source of the priority status, any deadlines imposed by law on any aspect of the case, and any unusual factors that may bear on meeting the imposed deadlines.

(2) If, in any noncriminal case assigned a priority status by statute, rule of procedure, case law, or otherwise, a party is of the good faith opinion that the case has not been appropriately advanced on the docket or has not received priority in scheduling consistent with its priority case status, that party may seek review of such action by motion for review to the chief judge or to the chief judge’s designee. The filing of such a motion for review will not toll the time for seeking such other relief as may be afforded by the Florida Rules of Appellate Procedure.

(d) Related Cases.

(1) The petitioner in a family case as defined in this rule shall file with the court a notice of related cases in conformity with family law form 12.900(h), if related cases are known or reasonably ascertainable. A case is related when:

(A) it involves any of the same parties, children, or issues and it is pending at the time the party files a family case; or

(B) it affects the court’s jurisdiction to proceed; or

(C) an order in the related case may conflict with an order on the same issues in the new case; or

(D) an order in the new case may conflict with an order in the earlier litigation.

(2) “Family cases” include dissolution of marriage, annulment, support unconnected with dissolution of marriage, paternity, child support, UIFSA, custodial care of and access to children, proceedings for temporary or concurrent custody of minor children by extended family, adoption, name change, declaratory judgment actions related to premarital, martial [marital], or postmarital agreements, civil domestic, repeat violence, dating violence, stalking, and sexual violence injunctions, juvenile dependency, termination of parental rights, juvenile delinquency, emancipation of a minor, CINS/FINS, truancy, and modification and enforcement of orders entered in these cases.

(3) The notice of related cases shall identify the caption and case number of the related case, contain a brief statement of the relationship of the actions, and contain a statement addressing whether assignment to one judge or another method of coordination will conserve judicial resources and promote an efficient determination of the actions.

(4) The notice of related cases shall be filed with the initial pleading by the filing attorney or self-represented petitioner. The notice shall be filed in each of the related cases that are currently open and pending with the court and served on all other parties in each of the related cases, and as may be directed by the chief judge or designee. Parties may file joint notices. A notice of related cases filed pursuant to this rule is not an appearance. If any related case is confidential and exempt from public access by law, then a Notice of Confidential Information Within Court Filing as required by Florida Rule of General Practice and Judicial Administration 2.420 shall accompany the notice. Parties shall file supplemental notices as related cases become known or reasonably ascertainable.

(5) Each party has a continuing duty to inform the court of any proceedings in this or any other state that could affect the current proceeding.

(6) Whenever it appears to a party that two or more pending cases present common issues of fact and that assignment to one judge or another method of coordination will significantly promote the efficient administration of justice, conserve judicial resources, avoid inconsistent results, or prevent multiple court appearances by the same parties on the same issues, the party may file a notice of related cases requesting coordination of the litigation.

(e) Continuances. All judges shall apply a firm continuance policy. Continuances should be few, good cause should be required, and all requests should be heard and resolved by a judge. All motions for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. All motions for continuance in priority cases shall clearly identify such priority status and explain what effect the motion will have on the progress of the case.

Committee Notes

The provisions in subdivision (c) of this rule governing priority cases should be read in conjunction with the provisions of rule 2.215(g), governing the duty to expedite priority cases.