Florida Juvenile Procedure Rule 8.635
RULE 8.635. PROCESS
(a) Summons and Subpoenas.
(1) Summons. Upon the filing of a petition, the clerk
shall issue a summons. The summons shall require the person on
whom it is served to appear for a hearing at a time and place
specified. Except in cases of medical emergency, the time of hearing
shall not be less than 24 hours after service of the summons. If the
child is not detained by an order of the court, the summons shall
require the custodian to produce the child at the said time and
place. A copy of the petition shall be attached to the summons.
(2) Subpoenas. Upon the application of a party, the
clerk shall issue, and the court on its own motion may issue,
subpoenas requiring attendance and testimony of witnesses and
production of records, documents, or other tangible objects at any
hearing. This subdivision shall not in any way limit the state
attorney’s power to issue subpoenas.
(3) Service. The summons and other process shall be
served upon such persons and in such manner as required by law.
If the parents or custodian are out of the state and their address is
known, the clerk shall give them notice of the proceedings by mail.
Service of process may be waived. Authorized agents of the
Department of Juvenile Justice may also serve summons and other
process upon such persons and in such manner as required by law.
(b) Service of Pleadings and Papers.
(1) When Required. Unless the court orders otherwise,
or a statute or supreme court administrative order specifies a
different means of service, 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 subpoenas 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. All documents required or permitted to be served on
another party must be served by e-mail, unless the parties
otherwise stipulate or this rule otherwise provides.
(A) Service by Electronic Mail (“e-mail”). Service of
a document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party with either (a) a copy of the
document in PDF format attached or (b) a link to the document on a
website maintained by a clerk. Any document served by e-mail may
be signed by any of the “/s/,” “/s,” or “s/” formats, so long as the
filed document is signed in accordance with the applicable rules of
court.
(i) Service on Attorneys. Upon appearing in
any proceeding, an attorney must designate a principal e-mail
address and may designate no more than two secondary e-mail
addresses to which service must be directed in that proceeding.
Every document filed by an attorney thereafter must include in the
signature block the principal e-mail address of that attorney and
any secondary e-mail addresses. If an attorney does not designate
any e-mail address for service, documents may be served on that
attorney at the e-mail address on record with The Florida Bar.
(ii) Exception to E-mail Service on Attorneys.
Upon motion by an attorney demonstrating that the attorney has no
e-mail account and lacks access to the Internet at the attorney’s
office, the court may excuse the attorney from the requirements of
e-mail service. Service on and by an attorney excused by the court
from e-mail service must be by the means provided in subdivision
(b)(2)(B) of this rule.
(iii) Service on and by Parties not
Represented by an Attorney. Any party not represented by an
attorney may serve a designation of a principal e-mail address and
also may designate no more than two secondary e-mail addresses to
which service must be directed in that proceeding by the means
provided in subdivision (b)(2)(A) of this rule. If a party not
represented by an attorney does not designate an e-mail address for
service in a proceeding, service on and by that party must be by the
means provided in subdivision (b)(2)(B) of this rule.
(iv) Format of E-mail for Service. All
documents served by e-mail must be sent by 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 initial
party on each side, 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 5MB in size.
(v) Time of Service. Service by e-mail is
complete on the day 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 serve another copy by e-mail, or by a
means authorized by subdivision (b)(2)(B) of this rule.
(B) Service by Other Means. In addition to, and
not in lieu of, service by e-mail, service may also be made upon
attorneys by the means specified in this subdivision. Service on and
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 of
the document or by mailing it to the party or attorney at their last
known address or, if no address is known, by leaving it with the
clerk of the court. Service by mail is complete upon mailing.
Delivery of a copy within this rule is complete upon:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorney’s or party’s office
with a clerk or other person in charge thereof;
(iii) if there is no one in charge, leaving it in a
conspicuous place therein;
(iv) 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 some person of his or her family above 15 years of age and
informing such person of the contents; or
(v) 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, and the number of pages transmitted. When service is
made by facsimile, a copy must also be served by any other method
permitted by this rule. Facsimile service occurs when transmission
is complete.
(vi) Service shall be deemed complete on the
date of delivery.
(C) Numerous Parties. In an action where the
parties are unusually numerous, the court may regulate the service
contemplated by these rules on motion or on its own initiative in
such manner as may be found to be just and reasonable.
(3) Filing. All documents must be filed with the court
either before service or immediately thereafter, unless otherwise
provided for by general law or other rules. If the original of any bond
or document required to be an original is not placed in the court file
or deposited with the clerk, a certified copy may 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 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 the
date shown on the face of the document by the judge’s notation or
the clerk’s time stamp, whichever is earlier.
(5) Certificate of Service. When any attorney 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”
this certificate shall be taken as prima facie proof of such
service in compliance with this rule.
(6) Service by Clerk. When the clerk is required to serve
notices and other documents, the clerk may do so by e-mail or by
any other method permitted in subdivision (b)(2). Service by a clerk
is not required to be by e-mail.
(c) Service of Orders. A copy of all orders or judgments
must be transmitted by the court or under its direction to all parties
at the time of entry of the order or judgment. The court may require
that orders or judgments 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 and judgments be furnished to all parties before entry by the
court of the order or judgment. The court may serve any order or
judgment by e-mail to all attorneys who have designated an e-mail
address for 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 action.
(a) Summons and Subpoenas.
(1) Summons. Upon the filing of a petition, the clerk
shall issue a summons. The summons shall require the person on
whom it is served to appear for a hearing at a time and place
specified. Except in cases of medical emergency, the time of hearing
shall not be less than 24 hours after service of the summons. If the
child is not detained by an order of the court, the summons shall
require the custodian to produce the child at the said time and
place. A copy of the petition shall be attached to the summons.
(2) Subpoenas. Upon the application of a party, the
clerk shall issue, and the court on its own motion may issue,
subpoenas requiring attendance and testimony of witnesses and
production of records, documents, or other tangible objects at any
hearing. This subdivision shall not in any way limit the state
attorney’s power to issue subpoenas.
(3) Service. The summons and other process shall be
served upon such persons and in such manner as required by law.
If the parents or custodian are out of the state and their address is
known, the clerk shall give them notice of the proceedings by mail.
Service of process may be waived. Authorized agents of the
Department of Juvenile Justice may also serve summons and other
process upon such persons and in such manner as required by law.
(b) Service of Pleadings and Papers.
(1) When Required. Unless the court orders otherwise,
or a statute or supreme court administrative order specifies a
different means of service, 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 subpoenas 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. All documents required or permitted to be served on
another party must be served by e-mail, unless the parties
otherwise stipulate or this rule otherwise provides.
(A) Service by Electronic Mail (“e-mail”). Service of
a document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party with either (a) a copy of the
document in PDF format attached or (b) a link to the document on a
website maintained by a clerk. Any document served by e-mail may
be signed by any of the “/s/,” “/s,” or “s/” formats, so long as the
filed document is signed in accordance with the applicable rules of
court.
(i) Service on Attorneys. Upon appearing in
any proceeding, an attorney must designate a principal e-mail
address and may designate no more than two secondary e-mail
addresses to which service must be directed in that proceeding.
Every document filed by an attorney thereafter must include in the
signature block the principal e-mail address of that attorney and
any secondary e-mail addresses. If an attorney does not designate
any e-mail address for service, documents may be served on that
attorney at the e-mail address on record with The Florida Bar.
(ii) Exception to E-mail Service on Attorneys.
Upon motion by an attorney demonstrating that the attorney has no
e-mail account and lacks access to the Internet at the attorney’s
office, the court may excuse the attorney from the requirements of
e-mail service. Service on and by an attorney excused by the court
from e-mail service must be by the means provided in subdivision
(b)(2)(B) of this rule.
(iii) Service on and by Parties not
Represented by an Attorney. Any party not represented by an
attorney may serve a designation of a principal e-mail address and
also may designate no more than two secondary e-mail addresses to
which service must be directed in that proceeding by the means
provided in subdivision (b)(2)(A) of this rule. If a party not
represented by an attorney does not designate an e-mail address for
service in a proceeding, service on and by that party must be by the
means provided in subdivision (b)(2)(B) of this rule.
(iv) Format of E-mail for Service. All
documents served by e-mail must be sent by 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 initial
party on each side, 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 5MB in size.
(v) Time of Service. Service by e-mail is
complete on the day 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 serve another copy by e-mail, or by a
means authorized by subdivision (b)(2)(B) of this rule.
(B) Service by Other Means. In addition to, and
not in lieu of, service by e-mail, service may also be made upon
attorneys by the means specified in this subdivision. Service on and
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 of
the document or by mailing it to the party or attorney at their last
known address or, if no address is known, by leaving it with the
clerk of the court. Service by mail is complete upon mailing.
Delivery of a copy within this rule is complete upon:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorney’s or party’s office
with a clerk or other person in charge thereof;
(iii) if there is no one in charge, leaving it in a
conspicuous place therein;
(iv) 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 some person of his or her family above 15 years of age and
informing such person of the contents; or
(v) 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, and the number of pages transmitted. When service is
made by facsimile, a copy must also be served by any other method
permitted by this rule. Facsimile service occurs when transmission
is complete.
(vi) Service shall be deemed complete on the
date of delivery.
(C) Numerous Parties. In an action where the
parties are unusually numerous, the court may regulate the service
contemplated by these rules on motion or on its own initiative in
such manner as may be found to be just and reasonable.
(3) Filing. All documents must be filed with the court
either before service or immediately thereafter, unless otherwise
provided for by general law or other rules. If the original of any bond
or document required to be an original is not placed in the court file
or deposited with the clerk, a certified copy may 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 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 the
date shown on the face of the document by the judge’s notation or
the clerk’s time stamp, whichever is earlier.
(5) Certificate of Service. When any attorney 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”
this certificate shall be taken as prima facie proof of such
service in compliance with this rule.
(6) Service by Clerk. When the clerk is required to serve
notices and other documents, the clerk may do so by e-mail or by
any other method permitted in subdivision (b)(2). Service by a clerk
is not required to be by e-mail.
(c) Service of Orders. A copy of all orders or judgments
must be transmitted by the court or under its direction to all parties
at the time of entry of the order or judgment. The court may require
that orders or judgments 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 and judgments be furnished to all parties before entry by the
court of the order or judgment. The court may serve any order or
judgment by e-mail to all attorneys who have designated an e-mail
address for 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 action.