In Re: Amendments to Florida Rule of Criminal Procedure 3.030 ( 2021 )


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  •           Supreme Court of Florida
    ____________
    No. SC21-591
    ____________
    IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
    PROCEDURE 3.030.
    December 16, 2021
    PER CURIAM.
    This matter is before the Court for consideration of proposed
    amendments to the Florida Rules of Criminal Procedure. See Fla.
    R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See
    art. V, § 2(a), Fla. Const.
    The Florida Bar’s Criminal Procedure Rules Committee
    (Committee) filed a report proposing amendments to Florida Rule of
    Criminal Procedure 3.030 (Service and Filing of Pleadings and
    Documents). Having considered the proposed amendments, the
    Court amends rule 3.030 as proposed by the Committee.
    First, we amend subdivision (c) (Deposit with the Clerk), to
    provide that documents filed pursuant to rules 3.121, 3.125,
    3.140(g), 3.160, 3.190, 3.240, 3.692, 3.811, 3.840, and 3.984 are
    specifically excluded from the subdivision’s requirement that a
    paper document that is required to be sworn or notarized be filed
    and deposited immediately with the clerk. Additionally, we add a
    sentence to subdivision (c), which provides that documents filed
    pursuant to rule 3.600, 3.801(c), 3.850(c), or 3.853(b) are
    specifically excluded from subdivision (c)’s requirement if they are
    filed by an attorney.
    Next, we move the last sentence of subdivision (c)—requiring
    paper documents to be maintained in accordance with Rule of
    General Practice and Judicial Administration 2.430 (Retention of
    Court Records)—to new subdivision (d) and title it “Maintenance of
    Deposited Documents.”
    Finally, we amend references to the “Florida Rules of Judicial
    Administration” to reflect the updated name, the “Florida Rules of
    General Practice and Judicial Administration.” See In re Amends. to
    Fla. Rules of Jud. Admin.—2020 Regular-Cycle Report, 
    310 So. 3d 374
    , 375-76 (Fla. 2021).
    Accordingly, we amend Florida Rule of Criminal Procedure
    3.030 as reflected in the appendix to this opinion. New language is
    indicated by underscoring; deletions are indicated by struck-
    -2-
    through type. The amendments shall become effective
    January 1, 2022, at 12:01 a.m.
    It is so ordered.
    CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ,
    COURIEL, and GROSSHANS, JJ., concur.
    THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
    THE EFFECTIVE DATE OF THESE AMENDMENTS.
    Original Proceeding – Florida Rules of Criminal Procedure
    Alan S. Apte, Chair, Criminal Procedure Rules Committee, Orlando,
    Florida, Angela Cote Dempsey, Past Chair, Criminal Procedure
    Rules Committee, Tallahassee, Florida, Joshua E. Doyle, Executive
    Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar,
    Tallahassee, Florida,
    for Petitioner
    Pam Childers and Codey L. Leigh on behalf of Escambia County
    Clerk of the Circuit Court & Comptroller, Pensacola, Florida,
    Responding with comments
    -3-
    APPENDIX
    RULE 3.030. SERVICE AND FILING 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 shall be served on each party in conformity
    with Florida Rule of General Practice and Judicial Administration
    2.516. Nothing herein shall be construed to require a plea of not
    guilty be in writing.
    (b) Filing. Filings of all pleadings and documents shall
    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 shall be filed and deposited with the clerk immediately
    thereafterafter it is filed. This requirement does not apply to the
    documents filed pursuant to rules 3.121, 3.125, 3.140(g), 3.160,
    3.190, 3.240, 3.692, 3.811, 3.840, and 3.984. This requirement
    also does not apply to the documents filed by attorneys pursuant to
    rules 3.600, 3.801(c), 3.850(c), or 3.853(b).
    (d) Maintenance of Deposited Documents. The clerk shall
    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
    [No changes]
    -4-
    

Document Info

Docket Number: SC21-591

Filed Date: 12/16/2021

Precedential Status: Precedential

Modified Date: 12/16/2021