Florida Regulations 60Q-6.108

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§ 60Q-6.108 Filing and Service.

(1) Filing.

(a) All petitions, amended petitions, requests for assignment of case number and initial pleadings relating thereto, and other documents identified by the deputy chief judge by order shall be filed with the OJCC. Except as otherwise provided in these rules, all motions, notices, pleadings, or other documents shall be filed only with the judge. (b) Any pleading or other paper filed in a proceeding shall be served on all other parties or, if represented, their attorneys of record at the time the document is filed. (c) Filing by electronic transmission is complete when the filing party receives an electronic acknowledgement of receipt. (d) The following documents shall not be filed with the OJCC or with the judge unless relevant to an issue to be heard: requests or notices to produce and objections or responses thereto, deposition transcripts, correspondence between counsel or parties, subpoenas and returns of service. (e) Facsimile or other electronic transmission of documents to the judge shall be used only when the judge authorizes such use for that document; otherwise, the document will not be considered. (f) Any document received by the OJCC or the judge after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.

(2) Service. Service is effectuated by:

(a) Handing it to the party or, if represented, the party's attorney of record; (b) Leaving it at the attorney's office with a clerk or other person in charge or leaving it in a conspicuous place in the office; (c) If the office is closed or the person to be served has no office, leaving it at the person's residence with a member of the person's family above 15 years of age and informing that person of the contents; (d) Placing it in the United States mail; or (e) Transmitting it by facsimile or by electronic transmission.

(3) Service by delivery, by facsimile transmission, or by 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.

(4) When service is made by mail, the copy shall be mailed by United States mail, postage prepaid, to the last known address of the party or, if represented, the party's attorney of record.

(5) Service by mail shall be complete upon mailing.

(6) When service of any pleading other than a petition is made by mail, 5 days shall be added to the time allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History - New 2-23-03.