Major Changes in Florida Legal Practice: Email Service and eFiling

Major Changes in Florida Legal Practice: Email Service and eFiling

Author: Eric Everson, MBA, MSIT-SE (Juris Doctorate Candidate 2013)

This week Florida attorney’s received a major technology upgrade.  On June 21, 2012, The Florida Supreme Court released two major opinions creating the Email Service Rule and mandatory eFiling.  These rules come at a time when courts throughout the nation are trailblazing into digital frontiers as the preferred medium of practicing law. 

For many practicing Florida attorney’s this means big changes and for any non-technology savvy attorney’s these opinions command serious attention.  Here is a quick overview of the opinions:

Email Service Rule:  First, this opinion Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Documents), shall implement mandatory e-mail service for all cases in Florida.  As the opinion notes, “…new rule 2.516 provides that all documents required or permitted to be served on another party must be served by e-mail. Under subdivision (b)(1) (Service by Electronic Mail (e-mail), upon appearing in a proceeding a lawyer must designate a primary e-mail address, and may designate up to two secondary e-mail addresses, for receiving service. Thereafter, service on the lawyer must be made by e-mail.”  Currently however pro se litigants are not required to use e-mail service.

Note: This change impacts ALL new cases in Florida and shall be effective July 1, 2012.  E-mail service will be mandatory for attorneys practicing in the civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases, before electronic filing is mandatory. E-mail service will be mandatory for attorneys practicing in the criminal, traffic, and juvenile divisions of the trial courts on the same date that electronic filing also becomes mandatory for this group.

Mandatory eFiling: Second, this new opinion will require attorneys to file documents with the trial and appellate courts by electronic transmission and will operate in tandem with the new mandatory e-mail service requirements for pleadings and documents.  The proposed amendments will also require the clerks’ offices to maintain electronic court records, to convert paper documents to electronic documents, and to electronically transmit the record on appeal.

Note: The Court has adopted an implementation schedule to phase in these requirements in each division of the trial courts and in the appellate courts based on input from all affected groups.  This opinion especially acknowledges the limited budget resources of the public defenders, state attorneys, and regional counsel however, encourages attorneys and clerks throughout Florida to take notice of the new electronic filing requirements adopted and to begin the process of updating current practices to conform to these requirements.

In conclusion, the days of paper-based law suits are numbered in the State of Florida.  These opinions will have widespread impact on bringing the practice of law into the digital era.  All practicing Florida attorneys are encouraged to read the opinions (links above) as these changes are fast approaching.

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About the Author:  Eric Everson is a 3L law student at Florida A&M University – College of Law.  The views and opinions presented in this blog are his own and are not to be construed as legal advice.  Eric Everson currently serves on the Board of Governors for The Florida Bar Young Lawyers Division Law Student Division and is the President of the Electronic Discovery Law Student Association at Florida A&M University – College of Law.