Rule 7.080 — Service and Filing of Pleadings and Documents Other Than Statement of Claim

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(a) When Required. Copies of all pleadings and papers subsequent to the summons/notice to appear, except applications for witness subpoenas and orders and judgments entered in open court, shall be served on each party. One against whom a default has been entered is entitled to be served only with pleadings asserting new or additional claims.

(b) How Made. When a party is represented by an attorney, service of papers other than the statement of claim and summons/notice to appear shall be made on the attorney unless the court orders service to be made on the party. Service on an attorney or a party not represented by an attorney must be made in compliance with Florida Rule of General Practice and Judicial Administration 2.516.

(c) Filing. All pleadings and papers shall be filed with the court either before service or immediately thereafter.

(d) Filing with the Court Defined. The filing of documents with the court as required by these rules is made by filing them with the clerk, except that the judge may permit the documents to be filed with the judge, in which event the judge shall note thereon the filing date and transmit them to the clerk, and the clerk shall file them as of the same date they were filed with the judge. Parties represented by an attorney must file documents in compliance with the electronic filing (e-filing) requirements set forth in Florida Rule of General Practice and Judicial Administration 2.525. Parties not represented by an attorney may file documents in compliance with the e-filing requirement if permitted by the Florida Rules of General Practice and Judicial Administration.

(e) Certificate of Service.

  1. (1) When any party or attorney in substance certifies:
    “I certify that a copy hereof has been furnished to (here insert name or names and address or addresses) by (delivery) (mail) (e-mail) on .....(date)......
    Party or party’s attorney”
    the certificate is prima facie proof of such service in compliance with all rules of court and law.
  2. (2) When any paper is served by the clerk, a docket entry shall be made showing the mode and date of service. Such entry is sufficient proof of service without a separate certificate of service.

(f) When a Party Who is Not Represented by an Attorney Fails to Show Service. If a party who is not represented by an attorney files a paper that does not show service of a copy on all other parties, the clerk shall serve a copy of it on all other parties.

Handling Papers After the Lawsuit Starts: This rule explains how to share all court documents with the other party and the court after the initial "Statement of Claim" and "Summons" have been served.

(a) Who Gets Copies: You must send a copy of every document you file with the court to the other party (or their attorney).

(b) How to Send Copies ("Service"): If the other party has a lawyer, you send all documents to the lawyer. If they don't have a lawyer, you send documents directly to them. The methods of sending (mail, e-mail, etc.) must comply with the main court rules.

(c) & (d) Filing with the Court: "Filing" means giving the document to the court clerk. This should be done either just before or immediately after you serve the other party. Attorneys are required to file documents electronically (e-filing).

(e) Certificate of Service (Very Important): At the end of every document you file, you must include a short statement certifying that you have sent a copy to the other party. It should say who you sent it to, how you sent it (e.g., mail, e-mail), and on what date. This is your proof to the court that you followed the rules.

(f) Help from the Clerk: If you are not represented by an attorney and you forget to include a Certificate of Service, the clerk will help by serving a copy of your document on the other parties for you.