Florida Small Claims Rule 7.080
RULE 7.080. SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
OTHER THAN STATEMENT OF CLAIM
(a) When Required. Copies of all pleadings and papers subsequent to
the summons/notice to appear, except applications for witness subpoenas and
orders and judgments entered in open court, shall be served on each party.
One against whom a default has been entered is entitled to be served only with
pleadings asserting new or additional claims.
(b) How Made. When a party is represented by an attorney, service of
papers other than the statement of claim and summons/notice to appear shall
be made on the attorney unless the court orders service to be made on the
party. Service on an attorney or a party not represented by an attorney must be
made in compliance with Florida Rule of General Practice and Judicial
Administration 2.516.
(c) Filing. All pleadings and papers shall be filed with the court either
before service or immediately thereafter.
(d) Filing with the Court Defined. The filing of documents with the
court as required by these rules is made by filing them with the clerk, except
that the judge may permit the documents to be filed with the judge, in which
event the judge shall note thereon the filing date and transmit them to the
clerk, and the clerk shall file them as of the same date they were filed with the
judge. Parties represented by an attorney must file documents in compliance
with the electronic filing (e-filing) requirements set forth in Florida Rule of
General Practice and Judicial Administration 2.525. Parties not represented by
an attorney may file documents in compliance with the e-filing requirement if
permitted by the Florida Rules of General Practice and Judicial Administration.
(e) Certificate of Service.
(1) When any party or attorney in substance certifies:
“I certify that a copy hereof has been furnished to (here insert name or
names and address or addresses) by (delivery) (mail) (e-mail) on .....(date)......
Party or party’s attorney”
the certificate is prima facie proof of such service in compliance with all rules of
court and law.
(2) When any paper is served by the clerk, a docket entry shall
be made showing the mode and date of service. Such entry is sufficient proof of
service without a separate certificate of service.
(f) When a Party Who is Not Represented by an Attorney Fails to
Show Service. If a party who is not represented by an attorney files a paper
that does not show service of a copy on all other parties, the clerk shall serve a
copy of it on all other parties.
Court Commentary
1972 Amendment. Subdivisions (a), (b), (c), (d), and (e) are substantially
the same as Florida Rule of Civil Procedure 1.080(a), (b), (d), (e), and (f).
OTHER THAN STATEMENT OF CLAIM
(a) When Required. Copies of all pleadings and papers subsequent to
the summons/notice to appear, except applications for witness subpoenas and
orders and judgments entered in open court, shall be served on each party.
One against whom a default has been entered is entitled to be served only with
pleadings asserting new or additional claims.
(b) How Made. When a party is represented by an attorney, service of
papers other than the statement of claim and summons/notice to appear shall
be made on the attorney unless the court orders service to be made on the
party. Service on an attorney or a party not represented by an attorney must be
made in compliance with Florida Rule of General Practice and Judicial
Administration 2.516.
(c) Filing. All pleadings and papers shall be filed with the court either
before service or immediately thereafter.
(d) Filing with the Court Defined. The filing of documents with the
court as required by these rules is made by filing them with the clerk, except
that the judge may permit the documents to be filed with the judge, in which
event the judge shall note thereon the filing date and transmit them to the
clerk, and the clerk shall file them as of the same date they were filed with the
judge. Parties represented by an attorney must file documents in compliance
with the electronic filing (e-filing) requirements set forth in Florida Rule of
General Practice and Judicial Administration 2.525. Parties not represented by
an attorney may file documents in compliance with the e-filing requirement if
permitted by the Florida Rules of General Practice and Judicial Administration.
(e) Certificate of Service.
(1) When any party or attorney in substance certifies:
“I certify that a copy hereof has been furnished to (here insert name or
names and address or addresses) by (delivery) (mail) (e-mail) on .....(date)......
Party or party’s attorney”
the certificate is prima facie proof of such service in compliance with all rules of
court and law.
(2) When any paper is served by the clerk, a docket entry shall
be made showing the mode and date of service. Such entry is sufficient proof of
service without a separate certificate of service.
(f) When a Party Who is Not Represented by an Attorney Fails to
Show Service. If a party who is not represented by an attorney files a paper
that does not show service of a copy on all other parties, the clerk shall serve a
copy of it on all other parties.
Court Commentary
1972 Amendment. Subdivisions (a), (b), (c), (d), and (e) are substantially
the same as Florida Rule of Civil Procedure 1.080(a), (b), (d), (e), and (f).