RULE 9.420. FILING; SERVICE; COMPUTATION OF TIME

(a)    Filing.

(1)    Generally. Filing may be accomplished in a manner in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.525.

(2)    Inmate Filing. The filing date of a document filed by a pro se inmate confined in an institution shall be presumed to be the date it is stamped for filing by the clerk of the court, except as follows:

(A)    the document shall be presumed to be filed on the date the inmate places it in the hands of an institutional official for mailing if the institution has a system designed for legal mail, the inmate uses that system, and the institution’s system records that date; or

(B)    the document shall be presumed to be filed on the date reflected on a certificate of service contained in the document if the certificate is in substantially the form prescribed by subdivision (d)(1) of this rule and either:

(i)     the institution does not have a system designed for legal mail; or

(ii)    the inmate used the institution’s system designed for legal mail, if any, but the institution’s system does not provide for a way to record the date the inmate places the document in the hands of an institutional official for mailing.

(b)    Service.

(1)    By a Party or Amicus Curiae. All documents shall be filed either before service or immediately thereafter. A copy of all documents filed under these rules shall, before filing or immediately thereafter, be served on each of the parties. The lower tribunal, before the record is transmitted, or the court, on motion, may limit the number of copies to be served.

(2)    By the Clerk of Court. A copy of all orders and decisions shall be transmitted, in the manner set forth for service in rule 9.420(c), by the clerk of the court to all parties at the time of entry of the order or decision, without first requiring payment of any costs for the copies of those orders and decisions. Prior to the court’s entry of an order or decision, the court may require that the parties furnish the court with stamped, addressed envelopes for transmission of the order or decision.

(c)    Method of Service. Service of every document filed in a proceeding governed by these rules (including any briefs, motions, notices, responses, petitions, and appendices) shall be made in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(b), except that petitions invoking the original jurisdiction of the court under rule 9.030(a)(3), (b)(3), or (c)(3) shall be served both by e-mail pursuant to rule 2.516(b)(1) and in paper format pursuant to rule 2.516(b)(2). Service of any document required to be served but not filed contemporaneously shall be made in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516, unless a court orders, a statute specifies, or a supreme court administrative order specifies a different means of service.

(d)    Proof of Service. A certificate of service by an attorney that complies in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f) and a certificate of service by a pro se party that complies in substance with the appropriate form below shall be taken as prima facie proof of service in compliance with these rules. The certificate shall specify the party each attorney represents.

(1)    By Pro Se Inmate:

I certify that I placed this document in the hands of …..(here insert name of institution official)….. for mailing to …..(here insert name or names and addresses used for service)….. on …..(date)……

…..(name)…..

…..(address)…..

…..(prison identification number)…..

(2)    By Other Pro Se Litigants:

I certify that a copy hereof has been furnished to …..(here insert name or names and addresses used for service)….. by …..(e-mail)

(delivery) (mail)….. on …..(date)……

…..(name)…..

…..(address)…..

…..(phone number)…..

(e)    Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514.


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