Tuesday, December 30, 2014

New Document Formatting Required in Florida Courts

Update - it appears that this order applies primarily to formatting of official records. And the only change for now seems to be the 1" margin requirement and page numbering.

Pro Se Litigants and Document Preparers:

The following Clerk Alert was sent out by the Palm Beach Clerks to the legal community to let people know about changes that will soon take effect. At the moment it is not entirely clear whether all counties will be strictly adhering to this order. I called the Pro Se Help Desk in Sarasota County and the representative was not aware of new formatting requirements, even after he conferred with his supervisor. However, my associate in Palm Beach County who first brought this to my attention was told by the clerk's office that in Palm Beach County the new formatting requirements apply to all documents filed in that circuit. 

This has potential to be a huge ongoing mess. The Supreme Court published new family law forms [Financial Affidavits and Petition for Simplified Dissolution] which are also effective on 1/1/15, but they are not formatted according to the new requirements. So which is it?

The first line of the appendix to the order below, states "Electronic Filing Mandatory". As far as I know, electronic filing is not mandatory for pro se litigants. So does that mean that these format changes do not apply to pro se litigants?

The appendix to the order posted below, paragraph (1) states that it applies to official documents. Are pleadings like petitions and motions official documents? I don't think so. 

The new formatting requirements seem to require that every document filed needs to have the 3"x 3" square at the top right blank, the space to be reserved for the clerk's stamp. This format is required in probate forms and has been for some time. Also the new formatting requires a 1"x 3" square to be left blank in subsequent pages in the same document.

A 1" margin on all sides is to be left blank.

Pages are to be numbered consecutively, centered at the bottom of the page: Page 1; Page 2; etc.

Document preparers please check with your local clerk of courts to find out how they are handling these formatting changes. Consumers and pro se litigants, please be aware of these changes and know that, unfortunately, the changes were not made with you in mind.





Supreme
Court of Florida
____________
No. SC14-721
____________


IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.520.
[November 26, 2014]
PER CURIAM.

We have for consideration an out-of-cycle report proposing amendments to Florida Rule of Judicial Administration 2.520 (Documents) filed by The Florida Bar’s Rules of Judicial Administration Committee (Committee). See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction and adopt these noncontroversial amendments as proposed.

BACKGROUND

According to the Committee’s report, the more significant amendments address format requirements for paper documents filed with the court and the use of margins by the clerks of court, which are issues of great concern to the clerks.

The proposed amendments were approved by the Committee by a vote of 36-1 and were unanimously approved by the Board of Governors of The Florida Bar. The Committee did not publish the proposals before filing them with the Court. The Court published the proposals for comment after they were filed. But, no comments were filed.

AMENDMENTS

The more significant amendments are to subdivisions (b) (Type and Size) and (d) (Recording Space) of the rule. In order to make it easier for clerks to scan paper documents, subdivision (b) is amended, as proposed, to require paper documents filed with the court to be legibly typewritten or printed, on only one side of letter-sized white recycled paper with one-inch margins and consecutively numbered pages. Subdivision (b) also is amended, as proposed, to clarify that all documents electronically filed must be filed in a format capable of being electronically searched consistent with state and federal accessibility requirements. Subdivision (d) (Recording Space) is amended, as proposed, to add a one-inch margin requirement and format, location, and font-size requirements for the date and time stamp on electronically filed documents.

CONCLUSION

Accordingly, we amend the Florida Rules of Judicial Administration as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective January 1, 2015, at 12:01 a.m.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX
RULE 2.520. DOCUMENTS

(a) Electronic Filing Mandatory. All documents filed in any court shall be filed by electronic transmission in accordance with rule 2.525. “Documents” means pleadings, motions, petitions, memoranda, briefs, notices, exhibits, declarations, affidavits, orders, judgments, decrees, writs, opinions, and any other paper or writing submitted to a court. (b) Type and Size. Documents subject to the exceptions set forth in rule 2.525(d) shall be legibly typewritten or printed, on only one side of letter sized (8 1/2 by 11 inch) white recycled paper with one inch margins and consecutively
numbered pages filed on recycled paper measuring 8 ½ X 11 inches. For purposes of this rule, paper is recycled if it contains a minimum content of 50 percent waste paper. Xerographic Reduction of legal-size (8 1/2 by 14 inches) documents to letter size (8 1/2 by 11 inches) is prohibited. All other documents filed by electronic transmission shall comply with rule 2.526 and be filed in a format
capable of being electronically searched and printed in a format consistent with the
provisions of this rule. (c) Exhibits. Any exhibit or attachment filed with pleadings or papers to
any document may be filed in its original size. (d) Recording Space and Space for Date and Time Stamps.

(1) On all papers and documents prepared and filed by the court or by any party to a proceeding which are to be recorded in the public records of any county, including but not limited to final money judgments and notices of lis pendens, a 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page shall be left blank and reserved for use by the clerk of court.

(2) On all documents filed with the court, a 1-inch margin on all sides must be left blank for date and time stamps.

(A) Format. Date and time stamp formats must include a single line detailing the name of the court or Portal and shall not include clerk seals. Date stamps must be eight numerical digits separated by slashes with two digits for the month, two digits for the date, and four digits for the year. Time - 5 - stamps must be formatted in twelve hour time frames with a.m. or p.m. included. The font size and type must meet the Americans with Disabilities Act requirements.

(B) Location. The Portal stamp shall be on the top left of the document. The Florida Supreme Court and district courts of appeal stamps shall be on the left margin horizontally. Any administrative agency stamp shall be on the right margin horizontally. The clerk’s stamp for circuit and county courts shall
be on the bottom of the document.

(e) Exceptions to Recording Space. Any papers or documents created by persons or entities over which the filing party has no control, including but not limited to wills, codicils, trusts, or other testamentary documents; documents prepared or executed by any public officer; documents prepared, executed,
acknowledged, or proved outside of the State of Florida; or documents created by State or Federal government agencies, may be filed without the space required by this rule.

(f) Noncompliance. No clerk of court shall refuse for filing to file any document or paper because of noncompliance with this rule. However, upon request of the clerk of court, noncomplying documents shall be resubmitted in accordance with this rule.


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