Florida Judicial Administration Rule 2.525
RULE 2.525. ELECTRONIC FILING
(a) Definition. “Electronic transmission of documents”
means the sending of information by electronic signals to, by or
from a court or clerk, which when received can be transformed and
stored or transmitted on paper, microfilm, magnetic storage device,
optical imaging system, CD-ROM, flash drive, other electronic data
storage system, server, case maintenance system (“CM”), electronic
court filing (“ECF”) system, statewide or local electronic portal (“e-
portal”), or other electronic record keeping system authorized by the
supreme court in a format sufficient to communicate the
information on the original document in a readable format.
Electronic transmission of documents includes electronic mail (“e-
mail”) and any internet-based transmission procedure, and may
include procedures allowing for documents to be signed or verified
by electronic means.
(b) Application. Only the electronic filing credentials of an
attorney who has signed a document may be used to file that
document by electronic transmission. Any court or clerk may accept
the electronic transmission of documents for filing and may send
documents by electronic transmission after the clerk, together with
input from the chief judge of the circuit, has obtained approval of
procedures, programs, and standards for electronic filing from the
supreme court (“ECF Procedures”). All ECF Procedures must
comply with the then-current e-filing standards, as promulgated by
the supreme court in Administrative Order No. AOSC09-30, or
subsequent administrative order.
(c) Documents Affected.
(1) All documents that are court records, as defined in
rule 2.430(a)(1), must be filed by electronic transmission provided
that:
(A) the clerk has the ability to accept and retain
such documents;
(B) the clerk or the chief judge of the circuit has
requested permission to accept documents filed by electronic
transmission; and
(C) the supreme court has entered an order
granting permission to the clerk to accept documents filed by
electronic transmission.
(2) The official court file is a set of electronic
documents stored in a computer system maintained by the clerk,
together with any supplemental non-electronic documents and
materials authorized by this rule. It consists of:
(A) documents filed by electronic transmission
under this rule;
(B) documents filed in paper form under
subdivision (d) that have been converted to electronic form by the
clerk;
(C) documents filed in paper form before the
effective date of this rule that have been converted to electronic
form by the clerk;
(D) documents filed in paper form before the
effective date of this rule or under subdivision (d) , unless such
documents are converted into electronic form by the clerk;
(E) electronic documents filed pursuant to
subdivision (d)(5); and
(F) materials and documents filed pursuant to any
rule, statute or court order that either cannot be converted into
electronic form or are required to be maintained in paper form.
(3) The documents in the official court file are deemed
originals for all purposes except as otherwise provided by statute or
rule.
(4) Any document in paper form submitted under
subdivision (d) is filed when it is received by the clerk or court and
the clerk shall immediately thereafter convert any filed paper
document to an electronic document. “Convert to an electronic
document” means optically capturing an image of a paper
document and using character recognition software to recover as
much of the document’s text as practicable and then indexing and
storing the document in the official court file.
(5) Any storage medium submitted under subdivision
(d)(5) is filed when received by the clerk or court and the clerk shall
immediately thereafter transfer the electronic documents from the
storage device to the official court file.
(6) If the filer of any paper document authorized under
subdivision (d) provides a self-addressed, postage-paid envelope for
return of the paper document after it is converted to electronic form
by the clerk, the clerk shall place the paper document in the
envelope and deposit it in the mail. Except when a paper document
is required to be maintained, the clerk may recycle any filed paper
document that is not to be returned to the filer.
(7) The clerk may convert any paper document filed
before the effective date of this rule to an electronic document.
Unless the clerk is required to maintain the paper document, if the
paper document has been converted to an electronic document by
the clerk, the paper document is no longer part of the official court
file and may be removed and recycled.
(d) Exceptions. Paper documents and other submissions
may be manually submitted to the clerk or court:
(1) when the clerk does not have the ability to accept
and retain documents by electronic filing or has not had ECF
Procedures approved by the supreme court;
(2) for filing by any self-represented party or any self-
represented nonparty unless specific ECF Procedures provide a
means to file documents electronically. However, any self-
represented nonparty that is a governmental or public agency and
any other agency, partnership, corporation, or business entity
acting on behalf of any governmental or public agency may file
documents by electronic transmission if such entity has the
capability of filing document electronically;
(3) for filing by attorneys excused from e-mail service in
accordance with rule 2.516(b);
(4) when submitting evidentiary exhibits or filing non-
documentary materials;
(5) when the filing involves documents in excess of the
appropriate size limitations specified in the Florida Supreme Court
Standards for Electronic Access to the Court. For such filings,
documents may be transmitted using an electronic storage medium
that the clerk has the ability to accept, which may include a CD-
ROM, flash drive, or similar storage medium;
(6) when filed in open court, as permitted by the court;
(7) when paper filing is permitted by any approved
statewide or local ECF procedures; and
(8) if any court determines that justice so requires.
(e) Service.
(1) Electronic transmission may be used by a court or
clerk for the service of all orders of whatever nature, pursuant to
rule 2.516(h), and for the service of any documents pursuant to any
ECF Procedures, provided the clerk, together with input from the
chief judge of the circuit, has obtained approval from the supreme
court of ECF Procedures containing the specific procedures and
program to be used in transmitting the orders and documents. All
other requirements for the service of such orders must be met.
(2) Any document electronically transmitted to a court
or clerk must also be served on all parties and interested persons in
accordance with the applicable rules of court.
(f) Administration.
(1) Any clerk who, after obtaining supreme court
approval, accepts for filing documents that have been electronically
transmitted must:
(A) provide electronic or telephonic access to its
equipment, whether through an e-portal or otherwise, during
regular business hours, and all other times as practically feasible;
(B) accept electronic transmission of the
appropriate size limitations specified in the Florida Supreme Court
Standards for Electronic Access to the Court; and
(C) accept filings in excess of the appropriate size
limitations specified in the Florida Supreme Court Standards for
Electronic Access to the Court by electronic storage device or
system, which may include a CD-ROM, flash drive, or similar
storage system.
(2) All attorneys, parties, or other persons using this
rule to file documents are required to make arrangements with the
court or clerk for the payment of any charges authorized by general
law or the supreme court before filing any document by electronic
transmission.
(3) The filing date for an electronically transmitted
document is the date and time that such filing is acknowledged by
an electronic stamp or otherwise, pursuant to any procedure set
forth in any ECF Procedures approved by the supreme court, or the
date the last page of such filing is received by the court or clerk.
(4) Any court or clerk may extend the hours of access
or increase the page or size limitations set forth in this subdivision.
(g) Accessibility. All documents transmitted in any
electronic form under this rule must comply with the accessibility
requirements of Florida Rule of Judicial Administration 2.526.
Court Commentary
1997 Amendment. Originally, the rule provided that the
follow-up filing had to occur within ten days. In the 1997
amendment to the rule, that requirement was modified to provide
that the follow-up filing must occur “immediately” after a document
is electronically filed. The “immediately thereafter” language is
consistent with language used in the rules of procedure where, in a
somewhat analogous situation, the filing of a document may occur
after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All
original papers shall be filed with the court either before service or
immediately thereafter.”) (emphasis added). “Immediately thereafter”
has been interpreted to mean “filed with reasonable promptness.”
Miami Transit Co. v. Ford, 155 So.2d 360 (Fla.1963).
The use of the words “other person” in this rule is not meant
to allow a nonlawyer to sign and file pleadings or other papers on
behalf of another. Such conduct would constitute the unauthorized
practice of law.
(a) Definition. “Electronic transmission of documents”
means the sending of information by electronic signals to, by or
from a court or clerk, which when received can be transformed and
stored or transmitted on paper, microfilm, magnetic storage device,
optical imaging system, CD-ROM, flash drive, other electronic data
storage system, server, case maintenance system (“CM”), electronic
court filing (“ECF”) system, statewide or local electronic portal (“e-
portal”), or other electronic record keeping system authorized by the
supreme court in a format sufficient to communicate the
information on the original document in a readable format.
Electronic transmission of documents includes electronic mail (“e-
mail”) and any internet-based transmission procedure, and may
include procedures allowing for documents to be signed or verified
by electronic means.
(b) Application. Only the electronic filing credentials of an
attorney who has signed a document may be used to file that
document by electronic transmission. Any court or clerk may accept
the electronic transmission of documents for filing and may send
documents by electronic transmission after the clerk, together with
input from the chief judge of the circuit, has obtained approval of
procedures, programs, and standards for electronic filing from the
supreme court (“ECF Procedures”). All ECF Procedures must
comply with the then-current e-filing standards, as promulgated by
the supreme court in Administrative Order No. AOSC09-30, or
subsequent administrative order.
(c) Documents Affected.
(1) All documents that are court records, as defined in
rule 2.430(a)(1), must be filed by electronic transmission provided
that:
(A) the clerk has the ability to accept and retain
such documents;
(B) the clerk or the chief judge of the circuit has
requested permission to accept documents filed by electronic
transmission; and
(C) the supreme court has entered an order
granting permission to the clerk to accept documents filed by
electronic transmission.
(2) The official court file is a set of electronic
documents stored in a computer system maintained by the clerk,
together with any supplemental non-electronic documents and
materials authorized by this rule. It consists of:
(A) documents filed by electronic transmission
under this rule;
(B) documents filed in paper form under
subdivision (d) that have been converted to electronic form by the
clerk;
(C) documents filed in paper form before the
effective date of this rule that have been converted to electronic
form by the clerk;
(D) documents filed in paper form before the
effective date of this rule or under subdivision (d) , unless such
documents are converted into electronic form by the clerk;
(E) electronic documents filed pursuant to
subdivision (d)(5); and
(F) materials and documents filed pursuant to any
rule, statute or court order that either cannot be converted into
electronic form or are required to be maintained in paper form.
(3) The documents in the official court file are deemed
originals for all purposes except as otherwise provided by statute or
rule.
(4) Any document in paper form submitted under
subdivision (d) is filed when it is received by the clerk or court and
the clerk shall immediately thereafter convert any filed paper
document to an electronic document. “Convert to an electronic
document” means optically capturing an image of a paper
document and using character recognition software to recover as
much of the document’s text as practicable and then indexing and
storing the document in the official court file.
(5) Any storage medium submitted under subdivision
(d)(5) is filed when received by the clerk or court and the clerk shall
immediately thereafter transfer the electronic documents from the
storage device to the official court file.
(6) If the filer of any paper document authorized under
subdivision (d) provides a self-addressed, postage-paid envelope for
return of the paper document after it is converted to electronic form
by the clerk, the clerk shall place the paper document in the
envelope and deposit it in the mail. Except when a paper document
is required to be maintained, the clerk may recycle any filed paper
document that is not to be returned to the filer.
(7) The clerk may convert any paper document filed
before the effective date of this rule to an electronic document.
Unless the clerk is required to maintain the paper document, if the
paper document has been converted to an electronic document by
the clerk, the paper document is no longer part of the official court
file and may be removed and recycled.
(d) Exceptions. Paper documents and other submissions
may be manually submitted to the clerk or court:
(1) when the clerk does not have the ability to accept
and retain documents by electronic filing or has not had ECF
Procedures approved by the supreme court;
(2) for filing by any self-represented party or any self-
represented nonparty unless specific ECF Procedures provide a
means to file documents electronically. However, any self-
represented nonparty that is a governmental or public agency and
any other agency, partnership, corporation, or business entity
acting on behalf of any governmental or public agency may file
documents by electronic transmission if such entity has the
capability of filing document electronically;
(3) for filing by attorneys excused from e-mail service in
accordance with rule 2.516(b);
(4) when submitting evidentiary exhibits or filing non-
documentary materials;
(5) when the filing involves documents in excess of the
appropriate size limitations specified in the Florida Supreme Court
Standards for Electronic Access to the Court. For such filings,
documents may be transmitted using an electronic storage medium
that the clerk has the ability to accept, which may include a CD-
ROM, flash drive, or similar storage medium;
(6) when filed in open court, as permitted by the court;
(7) when paper filing is permitted by any approved
statewide or local ECF procedures; and
(8) if any court determines that justice so requires.
(e) Service.
(1) Electronic transmission may be used by a court or
clerk for the service of all orders of whatever nature, pursuant to
rule 2.516(h), and for the service of any documents pursuant to any
ECF Procedures, provided the clerk, together with input from the
chief judge of the circuit, has obtained approval from the supreme
court of ECF Procedures containing the specific procedures and
program to be used in transmitting the orders and documents. All
other requirements for the service of such orders must be met.
(2) Any document electronically transmitted to a court
or clerk must also be served on all parties and interested persons in
accordance with the applicable rules of court.
(f) Administration.
(1) Any clerk who, after obtaining supreme court
approval, accepts for filing documents that have been electronically
transmitted must:
(A) provide electronic or telephonic access to its
equipment, whether through an e-portal or otherwise, during
regular business hours, and all other times as practically feasible;
(B) accept electronic transmission of the
appropriate size limitations specified in the Florida Supreme Court
Standards for Electronic Access to the Court; and
(C) accept filings in excess of the appropriate size
limitations specified in the Florida Supreme Court Standards for
Electronic Access to the Court by electronic storage device or
system, which may include a CD-ROM, flash drive, or similar
storage system.
(2) All attorneys, parties, or other persons using this
rule to file documents are required to make arrangements with the
court or clerk for the payment of any charges authorized by general
law or the supreme court before filing any document by electronic
transmission.
(3) The filing date for an electronically transmitted
document is the date and time that such filing is acknowledged by
an electronic stamp or otherwise, pursuant to any procedure set
forth in any ECF Procedures approved by the supreme court, or the
date the last page of such filing is received by the court or clerk.
(4) Any court or clerk may extend the hours of access
or increase the page or size limitations set forth in this subdivision.
(g) Accessibility. All documents transmitted in any
electronic form under this rule must comply with the accessibility
requirements of Florida Rule of Judicial Administration 2.526.
Court Commentary
1997 Amendment. Originally, the rule provided that the
follow-up filing had to occur within ten days. In the 1997
amendment to the rule, that requirement was modified to provide
that the follow-up filing must occur “immediately” after a document
is electronically filed. The “immediately thereafter” language is
consistent with language used in the rules of procedure where, in a
somewhat analogous situation, the filing of a document may occur
after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All
original papers shall be filed with the court either before service or
immediately thereafter.”) (emphasis added). “Immediately thereafter”
has been interpreted to mean “filed with reasonable promptness.”
Miami Transit Co. v. Ford, 155 So.2d 360 (Fla.1963).
The use of the words “other person” in this rule is not meant
to allow a nonlawyer to sign and file pleadings or other papers on
behalf of another. Such conduct would constitute the unauthorized
practice of law.