General Criminal Procedure Provisions

(a) Service; When Required. 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
paper shall be served on each party; however, nothing herein shall be construed to require that a plea of not guilty
shall be in writing.
(b) Same; How Made. When service is required or permitted to be made on a party represented by an attorney,
the service shall be made on the attorney unless service on the party is ordered by the court. Service on the attorney
or on a party shall be made by delivering a copy to the party or by mailing it to the party’s last known address, or, if
no address is known, by leaving it with the clerk of the court who shall place it in the court file. Delivery of a copy
within this rule shall mean:
(1) handing it to the attorney or to the party; or
(2) leaving it at the attorney’s office with the secretary or other person in charge; or
(3) if there is no one in charge, leaving it in a conspicuous place therein; or
(4) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with
a family member above 15 years of age and informing that person of the contents. Service by mail shall be considered
complete upon mailing; or
(5) transmitting it electronically to each party with a cover sheet indicating the sender’s name, bar number, firm,
address, telephone number, facsimile or modem number, and the number of pages transmitted. Electronic service
occurs when transmission of the last page is complete. Service by delivery or electronic transmission after 5:00 p.m.
shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.
(c) Filing. All original papers, copies of which are required to be served on parties, must be filed with the court
either before service or immediately thereafter.
(d) Filing with the Court Defined. The filing of pleadings and other papers with the court as required by these
rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed
with him or her, in which event the judge shall note thereon the filing date and transmit them to the office of the
clerk. Unless any rule expressly provides to the contrary, filing of pleadings and other papers with the court may be
made by electronic transmission provided for and in accordance with the Florida Rules of Judicial Administration.
(e) Certificate of Service. When any attorney shall in substance certify:
I do certify that a copy (copies) hereof (has) (have) been furnished to (here insert name or names) by (delivery)
(mail) on …..(date)……
the certificate shall be taken as prima facie proof of service in compliance with all rules of court and law.
Committee Notes
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.

The Law Offices of Michael D. Stewart

Leave a Reply

Your email address will not be published.