RULE 8.085. PREHEARING MOTIONS AND SERVICE

(a) Prehearing Motions.

(1) Motions in General. Every motion made before a
hearing and any pleading in response to the motion shall be in
writing and shall be signed by the party making the motion or if the
party is represented by an attorney, the party’s attorney. This
requirement may be waived by the court for good cause shown.

(2) Motion to Dismiss. All defenses not raised by a plea
of not guilty or denial of the allegations of the petition shall be made
by a motion to dismiss the petition. If a motion to dismiss is
granted, the child who is detained under an order entered under
rule 8.013 may be continued in detention under the said order
upon the representation that a new or amended petition will be
filed.

(3) Motion to Suppress. Any confession or admission
obtained illegally or any evidence obtained by an unlawful search
and seizure may be suppressed on motion by the child.

(A) Every motion to suppress shall clearly state
the particular evidence sought to be suppressed, the reason for the
suppression, and a general statement of the facts on which the
motion is based.

(B) Before hearing evidence, the court shall
determine if the motion is legally sufficient. If it is not, the motion
shall be denied. If the court hears the motion on its merits, the
moving party shall present evidence in support thereof and the
state may offer rebuttal evidence.
(4) Motion to Sever. A motion may be made for the
severance of 2 or more counts in a multi-count petition, or for the
severance of the cases of 2 or more children to be adjudicated in the
same hearing. The court may grant motions for severance of counts
and severance of jointly brought cases for good cause shown.

(5) Time for Filing. Any motion to suppress, sever, or
dismiss shall be made prior to the date of the adjudicatory hearing
unless an opportunity to make such motion previously did not exist
or the party making the motion was not aware of the grounds for
the motion.

(6) Sworn Motions to Dismiss. Before the adjudicatory
hearing the court may entertain a motion to dismiss on the ground
that there are no material disputed facts and the undisputed facts
do not establish a prima facie case of guilt against the child. The
facts on which such motion is based shall be specifically alleged
and the motion sworn to by the child. The motion shall be filed a
reasonable time before the date of the adjudicatory hearing. The
state may traverse or demur to this motion. Factual matters alleged
in it shall be deemed admitted unless specifically denied by the
state in a traverse. The court, in its discretion, may receive evidence
on any issue of fact necessary to decide the motion. The motion
shall be dismissed if the state files a written traverse that with
specificity denies under oath the material fact or facts alleged in the
motion to dismiss. Any demurrer or traverse shall be filed a
reasonable time before the hearing on the motion to dismiss.

(b) Service of Pleadings and Papers.

(1) When Required. Unless the court orders otherwise,
every pleading subsequent to the initial petition, every order, every
written motion, unless it is one as to which hearing ex parte is
authorized, and every written notice filed in the case shall be served
on each party; however, nothing herein shall be construed to
require that a plea be in writing or that an application for witness
subpoena be served.
(2) How Made. When service is required or permitted to
be made upon a party represented by an attorney, service shall be
made upon the attorney unless service upon the party is ordered by
the court. Service upon the attorney or party shall be made by
electronic mail (e-mail) consistent with the requirements of Florida
Rule of General Practice and Judicial Administration 2.516, unless
the parties stipulate otherwise. Service on or by all parties who are
not represented by an attorney and who do not designate an e-mail
address, and on and by all attorneys excused from e-mail service,
must be made by delivering a copy or by mailing it to the attorney
or party’s last known address or, if no address is known, by leaving
it with the clerk of the court. Service by mail shall be complete upon
mailing. Delivery of a copy within this rule shall mean:

(A) handing it to the attorney or the party;

(B) leaving it at the attorney’s office, with the
person in charge thereof;

(C) if there is no one in charge of the office, leaving
it in a conspicuous place therein;

(D) if the office is closed or the person to serve has
no office, leaving it at his or her usual place of abode with some
person of the family above 15 years of age and informing such
person of the contents thereof; or

(E) transmitting it by facsimile to the attorney’s or
party’s office with a cover sheet containing the sender’s name, firm,
address, telephone number, and facsimile number, the number of
pages transmitted, and the recipient’s facsimile number. When
service is made by facsimile, a copy shall also be served by any
other method permitted by this rule. Facsimile service occurs when
the transmission is complete.

(3) Filing. All documents must be filed with the court
either before service or immediately thereafter. If the document
required to be filed is to be an original and is not placed in the court
file or deposited with the clerk, a certified copy must be so placed
by the clerk.
(4) Filing with Court Defined. The filing of documents
with the court as required by these rules shall be made by filing
them with the clerk of the court in accordance with rule 8.004,
except that the judge may permit documents to be filed with the
judge, in which event the judge must note the filing date before him
or her on the documents and transmit them to the clerk. The date
of filing is that shown on the face of the document by the notation
of the judge or the time stamp of the clerk, whichever is earlier.

(5) Certificate of Service. When any authorized person
shall in substance certify:

“I certify that a copy/copies has/have been furnished to (insert
name or names) by (e-mail) (delivery) (mail) (fax) on (date).
Title”
the certificate shall be taken as prima facie proof of such service in
compliance with all rules of court and law.

(6) People Who May Certify Service. Service of pleadings
and orders required to be served as provided by subdivision (2) may
be certified by an attorney of record, clerk or deputy clerk, court, or
authorized agent of the Department of Juvenile Justice in the form
provided in subdivision (b)(5).

(c) Format for E-mail Service. All documents served by e-
mail must be attached to an e-mail message containing a subject
line beginning with the words "SERVICE OF COURT DOCUMENT”
in all capital letters, followed by the case number of the proceeding
in which the documents are being served. The body of the e-mail
must identify the court in which the proceeding is pending, the case
number, the name of the parties on each side, the style of the
proceeding, the title of each document served with that e-mail, and
the sender’s name and telephone number. Any e-mail which,
together with its attachments, exceeds five megabytes (5MB) in size,
must be divided and sent as separate e-mails, numbered in the
subject line, no one of which may exceed 5 MB in size.
(d) Time for Service of Motions and Notice of Hearing.
Service by e-mail is complete on the date it is sent and must be
treated as service by mail for the computation of time. If the sender
learns that the e-mail did not reach the address of the person to be
served, the sender must immediately send another copy by e-mail,
or by means authorized by subdivision (b)(2). If e-mail service is
excused, a copy of any written motion which may not be heard ex
parte and a copy of the notice of the hearing thereof shall be served
a reasonable time before the time specified for the hearing. If a
document is served by more than one method of service, the
computation of time for any response to the served document shall
be based on the method of service that provides the shortest
response time.

(e) Pleading to Be Signed by Attorney. Every written paper
or pleading of a party represented by an attorney shall be signed in
the attorney’s individual name by such attorney, whose mailing
address, primary e-mail address and telephone number, including
area code, and Florida Bar number shall be stated, and who shall
be duly licensed to practice law in Florida. Any document served by
e-mail or filed electronically may be signed by any of the “/s/,” “/s,”
or “s/” formats. The attorney may be required by an order of court
to vouch for the authority to represent such party and to give the
address of such party. Except when otherwise specifically provided
by these rules or applicable statute, pleadings as such need not be
verified or accompanied by affidavit.

(f) Pleading to Be Signed by Unrepresented Party. A party
who has no attorney but represents himself or herself shall sign the
written pleading or other paper to be filed and state his or her
primary e-mail address, mailing address, and telephone number,
including area code.

(g) Effect of Signing Pleading. The signature of a person
shall constitute a certificate that the paper or pleading has been
read; that to the best of the person’s knowledge, information, and
belief there is good ground to support it; and that it is not inter-
posed for delay. If a pleading or paper is not signed, or is signed
with intent to defeat the purpose of this rule, it may be stricken and
the action may proceed as though the pleading or paper had not
been served.

(h) Service of Orders. A copy of all orders must be
transmitted by the court or under its direction to all parties at the
time of the entry of the order. The court may require that orders be
prepared by a party, may require the party to furnish the court with
stamped addressed envelopes for service of the order or judgment,
and may require that proposed orders by furnished to all parties
before entry by the court of the order. The court may serve any
order by e-mail to all attorneys who were not excused from e-mail
service and to all parties not represented by an attorney who have
designated an e-mail address for service. This subdivision is
directory, and a failure to comply with it does not affect the order or
its finality or any proceedings arising in the matter.

Committee Notes
1991 Amendment. (a)(6) This creates a procedure for
dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4).

1992 Amendments. (d) Rules 8.240(c)(2) and 8.630(c)(2) allow
5 days for service by mail. This change conforms this rule.

(f) The current rule implies that a written pleading must be
filed. No written pleadings are required.

(e) and (g) The language from (e) was moved to create this new
subdivision. The current rule applies only to attorneys. These
requirements also should apply to nonattorneys who sign and file
papers. This rule conforms with proposed revisions to rules 8.230
and 8.640.