Florida Small Claims Rule 7.080 - SERVICE AND FILING OF PLEADINGS AND | Syfert Law

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Florida Small Claims Rule 7.080

RULE 7.080. SERVICE AND FILING OF PLEADINGS AND
DOCUMENTS OTHER THAN STATEMENT OF

CLAIM

(a) When Required. Copies of all pleadings and papers
subsequent to the summons/notice to appear, except applications
for witness subpoenas and orders and judgments entered in open
court, shall be served on each party. One against whom a default
has been entered is entitled to be served only with pleadings
asserting new or additional claims.

(b) How Made. When a party is represented by an attorney,
service of papers other than the statement of claim and
summons/notice to appear shall be made on the attorney unless
the court orders service to be made on the party. Service on an
attorney or a party not represented by an attorney must be made in
compliance with Florida Rule of General Practice and Judicial
Administration 2.516.

(c) Filing. All pleadings and papers shall be filed with the
court either before service or immediately thereafter.
(d) Filing with the Court Defined. The filing of documents
with the court as required by these rules is made by filing them
with the clerk, except that the judge may permit the documents to
be filed with the judge, in which event the judge shall note thereon
the filing date and transmit them to the clerk, and the clerk shall
file them as of the same date they were filed with the judge. Parties
represented by an attorney must file documents in compliance with
the electronic filing (e-filing) requirements set forth in Florida Rule
of General Practice and Judicial Administration 2.525. Parties not
represented by an attorney may file documents in compliance with
the e-filing requirement if permitted by the Florida Rules of General
Practice and Judicial Administration.

(e) Certificate of Service.

(1) When any party or attorney in substance certifies:

“I certify that a copy hereof has been furnished to (here insert
name or names and address or addresses) by (delivery) (mail) (e-
mail) on .....(date)......


Party or party’s attorney”

the certificate is prima facie proof of such service in compliance
with all rules of court and law.

(2) When any paper is served by the clerk, a docket
entry shall be made showing the mode and date of service. Such
entry is sufficient proof of service without a separate certificate of
service.

(f) When a Party Who is Not Represented by an Attorney
Fails to Show Service. If a party who is not represented by an
attorney files a paper that does not show service of a copy on all
other parties, the clerk shall serve a copy of it on all other parties.

Court Commentary

1972 Amendment. Subdivisions (a), (b), (c), (d), and (e) are
substantially the same as Florida Rule of Civil Procedure 1.080(a),
(b), (d), (e), and (f).
Link to Florida Bar Official Rule 7.080

Cases Citing Rule 7.080

Total Results: 10

In Re Amend. to the Florida Sm. Cl. Rules

601 So. 2d 1201, 1992 WL 163954

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1305243

Cited 4 times | Published

Laws of FloridaFlorida Laws, Ch. 72-404. *1206 RULE 7.080. SERVICE OF PLEADINGS AND PAPERS OTHER THAN STATEMENT

Category: Small Claims

In re Amendments to the Florida Rules of Civil Procedure

102 So. 3d 451, 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363

Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60226665

Cited 2 times | Published

Electronic filing. FLORIDA SMALL CLAIMS RULES RULE 7.080. SERVICE AND FILING OF PLEADINGS AND PAPERSDOCU-MENTS

Category: Small Claims

In re Amendments to the Florida Rules of Judicial Administration

102 So. 3d 505, 2012 Fla. LEXIS 2064, 2012 WL 4936305

Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60226684

Cited 1 times | Published

Notes [No Change] Court Commentary [No Change] RULE 7.080. SERVICE OF PLEADINGS AND PAPERS OTHER THAN STATEMENT

Category: Small Claims

In Re Amendments to Fla. Small Claims Rules

931 So. 2d 78, 2005 WL 3429592

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 1522295

Cited 1 times | Published

we decline to adopt the proposed amendment to rule 7.080(b), Service of Pleadings and Papers Other Than

Category: Small Claims

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

Commentary [NO CHANGE] RULE 7.080. SERVICE AND FILING OF PLEADINGS AND

Category: Small Claims

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

Commentary [NO CHANGE] RULE 7.080. SERVICE AND FILING OF PLEADINGS AND

Category: Small Claims

In re: Amendments to the Florida Small Claims Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 12, 2019 | Docket: 68539969

Published

[No Change] RULE 7.080. SERVICE AND FILING OF PLEADINGS AND

Category: Small Claims

In Re AMENDMENTS TO the FLORIDA SMALL CLAIMS RULES

200 So. 3d 746, 41 Fla. L. Weekly Supp. 377, 2016 Fla. LEXIS 1992, 2016 WL 4702875

Supreme Court of Florida | Filed: Sep 8, 2016 | Docket: 4420159

Published

the Committee. We adopt modified amendments to rule 7.080, as further explained below. AMENDMENTS

Category: Small Claims

In re Rules of Summary Procedure

270 So. 2d 729, 1972 Fla. LEXIS 3180

Supreme Court of Florida | Filed: Dec 13, 1972 | Docket: 64529410

Published

34.041(1), F.S.A., Florida Laws, ' Ch. 72-404. RULE 7.080. SERVICE OF PLEADINGS AND PAPERS OTHER THAN STATEMENT

Category: Small Claims

In re proposed Summary Claims Procedure Rules

203 So. 2d 616

Supreme Court of Florida | Filed: Oct 4, 1967 | Docket: 64502815

Published

by law. Committee Note: Also see Rule 7.120. RULE 7.080. SERVICE OF PLEADINGS AND PAPERS OTHER THAN STATEMENT

Category: Small Claims