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Civil Procedure
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Florida Evidence Code
Federal Rules of Evidence
Appellate Procedure
Small Claims
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About
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Florida Evidence Code
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RULE 3.030. SERVICE AND FILING OF PLEADINGS AND DOCUMENTS

  • After the initial charging document, nearly every subsequent document (motions, orders, notices) must be served on all parties.
  • Service and filing procedures are primarily governed by the Florida Rules of General Practice and Judicial Administration, particularly Rule 2.516 (e-service).
  • Original paper documents that are sworn/notarized or are a final judgment and sentence must be physically deposited with the clerk.
  • There are numerous exceptions to the physical deposit requirement. Many common motions and filings (e.g., under rules 3.190, 3.850, 3.801) are exempt. Always check the specific rule for your document.

(a) Service. Every pleading subsequent to the initial indictment or information on which a defendant is to be tried unless the court otherwise orders, and every order not entered in open court, every written motion unless it is one about which a hearing ex parte is authorized, and every written notice, demand, and similar document must be served on each party in conformity with Florida Rule of General Practice and Judicial Administration 2.516. Nothing in these rules requires a plea of not guilty be in writing.

(b) Filing. Filings of all pleadings and documents must comply with Florida Rules of General Practice and Judicial Administration 2.505, 2.515, and 2.525.

(c) Deposit with the Clerk. Any paper document that is a judgment and sentence or required by statute or rule to be sworn to or notarized must be filed and deposited with the clerk immediately after its filed. This requirement does not apply to the documents filed under rules 3.111(b)(5)(C), 3.121, 3.125, 3.133(a)(3), 3.140(g), 3.160, 3.190, 3.240, 3.692, 3.693, 3.694, 3.811, 3.840, and 3.984. This requirement also does not apply to the documents filed by attorneys under rules 3.600, 3.801(c), 3.850(c), or 3.853(b).

(d) Maintenance of Deposited Documents. The clerk must maintain deposited original paper documents in accordance with Florida Rule of General Practice and Judicial Administration 2.430, unless otherwise ordered by the court.

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1968 Adoption. Taken from the Florida Rules of Civil Procedure.

1972 Amendment. Same as prior rule; (a) amended by deleting reference to trial on affidavit.

2000 Amendment. Fraudulent manipulation of electronically transmitted service should be considered contemptuous and dealt with by appropriate sanctions by the court.

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