3.030 - Service and Flings of Pleadings and Documents
(a) Service
Every pleading subsequent to the initial indictment or information on which a defendant is to be tried unless the court otherwise orders, and every order not entered in open court, every written motion unless it is one about which a hearing ex parte is authorized, and every written notice, demand, and similar document must be served on each party in conformity with Florida Rule of General Practice and Judicial Administration 2.516. Nothing in these rules requires a plea of not guilty be in writing
(b) Filing
Filings of all pleadings and documents must comply with Florida Rules of General Practice and Judicial Administration 2.505, 2.515, and 2.525.
(c) Deposit with the Clerk
Any paper document that is a judgment and sentence or required by statute or rule to be sworn to or notarized must be filed and deposited with the clerk immediately after its filed. This requirement does not apply to the documents filed under rules 3.111(b)(5)(C), 3.121, 3.125, 3.133(a)(3), 3.140(g), 3.160, 3.190, 3.240, 3.692, 3.693, 3.694, 3.811, 3.840, and 3.984. This requirement also does not apply to the documents filed by attorneys under rules 3.600, 3.801(c), 3.850(c), or 3.853(b).
(d) Maintenance of Deposited Documents
The clerk must maintain deposited original paper documents in accordance with Florida Rule of General Practice and Judicial Administration 2.430, unless otherwise ordered by the court.
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
1972 Amendment. Same as prior rule; (a) amended by deleting reference to trial on affidavit. 2000 Amendment. Fraudulent manipulation of electronically transmitted service should be considered contemptuous and dealt with by appropriate sanctions by the court.
3.040 - Computation of Time
Computation of time is governed by Florida Rule of General Practice and Judicial Administration 2.514, except for the periods of time of less than 7 days contained in rules 3.130, 3.132, and 3.133(a).
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
1972 Amendment. Same as prior rule.
1988 Amendment. The 1983 amendments resulted in the reallocation of the time periods in rule 3.131 to rule 3.133, and also added an important 5 day period in the new rule regarding pretrial detention in rule 3.132.
Court Commentary
1975 Amendment. Underlined portion is the only change. The effect is to remove the 72 hour provision of proposed rule 3.131 from the Saturday, Sunday, and legal holiday exception.
3.050 - Enlargement of Time
When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for good cause shown may, at any time, in its discretion (1) with or without notice, order the period enlarged if a request therefor is made before the expiration of the period originally prescribed or extended by a previous order or (2) upon motion made and notice after the expiration of the specified period, permit the act to be done when the failure to act was the result of excusable neglect; but it may not, except as provided by statute or elsewhere in these rules, extend the time for making a motion for new trial, for taking an appeal, or for making a motion for a judgment of acquittal.
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
1972 Amendment. Same as prior rule.
3.060 - Time for Service of Motions and Notice of Rehearing
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 on the adverse party a reasonable time before the time specified for the hearing.
Committee Notes
1968 Adoption. Taken from rules of civil procedure.
1972 Amendment. Same as prior rule.
3.080 - Nonverification of Pleadings
Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other document of a party represented by an attorney need not be verified or accompanied by an affidavit.
Committee Notes
1968 Adoption. Taken from rules of civil procedure.
1972 Amendment. Same as prior rule.
3.090 - Pleading Captions
Every pleading, motion, order, judgment, or other document shall have a caption containing the name of the court, the file number, the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and its nature, to include if the pleading or document is sworn or the nature of the order, as the case may be. All documents filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the document and the party requesting or obtaining relief.