First Judicial Circuit of Florida, Escambia, Okaloosa, Santa Rosa and Walton Counties Service and Proof of Service Rules

CRITICAL

Applies to

Notice of cancellation

Serve the Notice of Cancellation on opposing counsel or any self-represented litigant.

The Notice of Cancellation must be served upon opposing counsel, or any self-represented litigant.

CRITICAL

Applies to

Proposed order

Proposed orders must be provided to opposing counsel and any self-represented litigant.

All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.

CRITICAL

Service

Electronic service

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.

CRITICAL

Service

Electronic service to court

Attorneys and self-represented litigants must provide an email address to receive signed orders electronically unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.

CRITICAL

Applies to

Notice of cancellation

A notice of cancellation must be served immediately on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must be served immediately after hearing time is reserved.

A notice of hearing must be filed and served immediately after reserving hearing time.

CRITICAL

Serve a copy of written documents filed with the Clerk on all parties.

Written documents filed with the Clerk of Court (with a copy served on all parties);

CRITICAL

Copy all parties in the matter when notifying the Court that a hearing is cancelled.

Please copy all parties in the matter.

CRITICAL

Applies to

Notice of hearing

The moving party must serve the notice of hearing.

It is the responsibility of the moving party to prepare, file, and serve a notice of hearing immediately after reserving hearing time.

CRITICAL

Service

Email

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

All attorneys and self-represented litigants must make and receive service by email, which is generally through the Florida Courts E-Filing Portal, unless excused.

CRITICAL

Applies to

Motion

Serve motion copies on all parties of record.

Any issue/matter to be considered by Judge Miller should be presented in the form of a motion filed with the Clerk of Court with copies served on all parties of record.

CRITICAL

Copy all parties of record when forwarding the filed pleading or correspondence to the judicial assistant.

Please copy all parties of record.

CRITICAL

Copy opposing counsel, or the opposing party if self-represented, on correspondence to the judge unless ex parte communication is authorized by law.

All correspondence to the judge, whether by email or letter, must be copied to opposing counsel (or party, if pro se) unless an ex parte communication is authorized by law.

CRITICAL

A copy of written documents filed in the court file must be served on all parties.

Written documents filed in the court file (with a copy served on all parties);

CRITICAL

Service

Electronic service

Attorneys and self-represented litigants must provide an email address to receive signed orders electronically unless excused.

All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.

CRITICAL

Service

Email

Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.

E-Filing Portal Contact Information: All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must be served immediately after hearing time is reserved.

Notice of Hearing: Notice of Hearing must be filed and served immediately after reserving hearing time.

CRITICAL

Immediately file and serve a notice of cancellation on opposing counsel and any pro se litigant when canceling a hearing.

You must cancel hearings by notifying the Judicial Assistant immediately. You must also immediately file and serve a notice of cancellation on opposing counsel and any pro se litigant.

CRITICAL

Service

Email to all parties

Pro se parties must designate a primary email address for service unless excused or exempt under Rule 2.516(b)(1)(D).

Florida Rule of General Practice and Judicial Administration 2.516 now requires all pro se parties to designate a primary email address for service of documents by email, unless the pro se party is excused or exempt from email service pursuant to Rule 2.516(b)(1)(D).

CRITICAL

Applies to

Objection

When both parties are acting pro se, objections must be filed with the Clerk and copied to the other party.

If both parties are unrepresented by counsel and acting pro se, any objections must be filed with the Clerk of Court with a copy provided to the other party.

CRITICAL

Deadline

5 business days

When both parties are pro se, the Clerk must serve the orders and file a Certificate of Compliance within five business days as proof of service.

In cases wherein both parties are pro se, the Clerk shall have the responsibility to serve copies of any orders on the pro se litigant(s), and shall file a Certificate of Compliance as proof of service within five business days.

CRITICAL

Deadline

5 business days

In a case with one pro se party, the attorney must serve portal orders on that party and file a Certificate of Compliance within five business days as proof.

Below the service list, please include the following: PURSUANT TO ADMINISTRATIVE DIRECTIVE OCAD 2016-04: In cases with one pro se party, the attorney in the case shall have the responsibility to serve the pro se plaintiff/petitioner or pro se defendant/respondent copies of any orders received from the courts via the Florida Courts e-Filing Portal.The attorney shall prepare and file a Certificate of Compliance within five business days as proof of the attorney’s service upon the pro se litigant(s).

CRITICAL

Applies to

Special affidavit and notice

If the stated notice condition applies, the respondent must be served by mail, email, or hand delivery with copies of the Special Affidavit and Notice.

If the respondent has not filed an answer that waives further notice of the proceeding or a default has been entered, the respondent shall be served by mail, e-mail, or hand delivery with a copy of the Special Affidavit for Uncontested Dissolution of Marriage with No Hearing and Notice of Filing Special Affidavit for Uncontested Dissolution of Marriage.

CRITICAL

Deadline

5 business days

The Clerk must serve orders on attorneys excused from electronic transmission and file a Certificate of Compliance within five business days as proof.

The Clerk shall have the responsibility to serve copies of any orders on those attorneys excused from electronic transmission pursuant to Rule 2.516, Florida Rules of Judicial Administration and shall file a Certificate of Compliance as proof of service within five business days.

CRITICAL

Applies to

Proposed order

Provide each proposed order to opposing counsel and any pro se litigant.

All proposed orders must be submitted in Word formatand provided to opposing counsel and any pro se litigant.

CRITICAL

A written motion communicating with Judge Clark must be filed in the court file and served on all parties.

Written motions filed in the court file (with a copy served on all parties); and

CRITICAL

Applies to

Objection

The attorney must provide the other party a copy of any e-filed objection.

If one or both parties are represented by an attorney, the attorney shall e-file any objection and provide a copy to the other party.

CRITICAL

If courtesy copies contain material not previously filed with the Clerk, provide that material to all other attorneys and pro se parties at the same time.

If the courtesy copies contain anything that has not previously been filed with the Clerk, you must provide them to all other attorneys and pro se parties at the same time.

CRITICAL

Applies to

Objection

An unrepresented party must submit the objection to the Clerk and provide a copy to the attorney named in the notice.

If you are not represented by an attorney, you must submit your objection to the Clerk of Court and provide a copy of your objection to the attorney whose name appears below.

CRITICAL

If a pro se party has not designated an email address in writing, serve motions, notices, and other documents under Rule 2.516(b)(2).

If a pro se party has not filed a written designation of an email address for service of documents, service of all motions, notices, or other documents must be made in accordance Florida Rule of General Practice and Judicial Administration 2.516(b)(2).

CRITICAL

Serve all parties with a copy of any written document filed in the court file.

Written documents filed in the court file (with a copy served on all parties); and

CRITICAL

Serve the notice of cancellation immediately on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant.

CRITICAL

Service

Email to opposing party

Provide courtesy copies to opposing parties.

Submission Method: Courtesy copies must be submitted to the court by e-mail to winona.smith@flcourts1.gov and opposing parties.

CRITICAL

Provide copies of a motion to all parties of record.

Any issue/matter to be considered by Judge Gordon should be presented in the form of a Motion filed with the Clerk of Court with copies provided to all parties of record.

CRITICAL

Provide proposed orders to opposing counsel and any self-represented litigant.

All proposed Orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.

CRITICAL

Serve the notice of hearing immediately after reserving hearing time.

A notice of hearing must be filed and served immediately after reserving hearing time.

CRITICAL

Applies to

Notice of cancellation

The Notice of Cancellation must be served on opposing counsel and any self-represented litigant.

The Notice of Cancellation must be served upon opposing counsel and any self-represented litigant.

CRITICAL

Applies to

Notice of hearing

The notice of hearing must be served immediately after hearing time is reserved.

The Notice of Hearing must be filed and served immediately after reserving hearing time with a courtesy copy to the judicial assistant.

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing must be served within three business days after a hearing time is reserved.

A Notice of Hearing must be filed and served within three (3) business days after reserving a hearing time.

CRITICAL

Applies to

Proposed order

Proposed orders must be provided to opposing counsel and any self-represented litigant.

All proposed orders must be submitted in Word format and provided to opposing counsel and any self-represented litigant.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must be served immediately after hearing time is reserved.

A notice of hearing must be filed and served immediately after reserving hearing time.

CRITICAL

Applies to

Notice of cancellation

The notice of cancellation must be served on all parties.

Once confirmed, the parties are responsible for preparation of a notice of cancellation that will need to be filed promptly and served on all parties.

CRITICAL

Applies to

Objection

A copy of an objection to use of communication technology must be provided to the other party.

A party may file with the Clerk of the Court with a copy to the other party an objection to use communication technology within ten (10) days of service of a notice of hearing or order setting hearing.

CRITICALCivil cases

Proof of service on each residuary beneficiary must be filed.

Proof of Service to each residuary beneficiary filed?

CRITICALCivil cases

Proof of service on the trustee must be filed.

Proof of Service to trustee filed?

CRITICALCivil cases

Each residuary beneficiary in a testate estate must be served as required by section 5.340(d).

Each residuary beneficiary in a testate estate served as required by 5.340(d)?

CRITICALCivil cases

Notice must be provided to those who would inherit if there were no will.

Notice to those who, but for the will, would inherit 5.510(d)

CRITICALCivil cases

If the trustee is also a personal representative, each qualified beneficiary of the trust must be served as required by section 5.240(a)(3).

If the trustee is also a personal representative, has each qualified beneficiary of the trust as defined in 736.0103(16) been served? 5.240(a)(3)

CRITICALCivil cases

If a caveat has been filed, formal notice must be served on the caveator before further action on the petition for summary administration.

must serve formal notice on the Caveator before further action can be taken on Petition for Summary 5.260(f)

CRITICAL

For a decedent older than 55, notice to creditors must be sent to AHCA.

Notice to Creditors to AHCA (>55yo)