Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document on the party and the notice or document is served on the party by mail, when permitted, or e-mail, 3 days shall be added to the prescribed period.
RULE 3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL, WHEN PERMITTED, OR E-MAIL
- This is commonly known as the "mailbox rule."
- If a party is served with a document by mail or e-mail, they get an additional 3 days to respond or act.
- This rule accounts for the delay in receiving a document that is not hand-delivered, ensuring parties have their full, intended response time.
1968 Adoption. This is the same as rule 1.6(e), Florida Rules of Civil Procedure, except for the omission of subdivision (c) of the civil rules, which appears to be inapplicable to criminal cases.
1972 Amendment. Same as prior rule.