PROBATE CORNER
PROBATE CORNER
Service By And On Pro Se Litigants ( Rule 2.516 ) * November 2024 Article Correction *
DAVID M . GARTEN
The following are corrections to last month ' s article titled : Service By And On Pro Se Litigants ( Rule 2.516 )
8 . If a non-excused pro se litigant fails to either designate an email address ( FORM 2.602 ) or register with E-File , do I have to respond to any pleadings or documents that he files with the Court ? Do I have to add him to my service list ?
Answer : Probably not . In 2022 , the Legislature deleted the following sentence from Rule 2.516 ( b )( 1 )( C ): “ If a party not represented by an attorney does not designate an e-mail address for service in a proceeding , service on and by that party must be by the means provided in subdivision ( b )( 2 ).” through the E-File portal must comply with Rule 2.516 ( b )( 1 )( F ).
9 . How does a non-excused pro se litigant register with E-File ?
Answer : A pro se litigation can register through the Florida Courts E-Filing Portal as a “ self-represented litigant ”. Refer to the videos for self-represented litigants located at “ mycourtaccess . com / authority / training-videos ”. After completing the registration process , a pro se litigant will be listed in the E-Filing Portal as a “ Current Party ” and an “ Electronic Service Recipient ” for service and filing .
The Rule now reads : “ Service on and by Parties Not Represented by an Attorney . Any party not represented by an attorney must serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding by the means provided in subdivision ( b )( 1 ) of this rule . [ Emphasis added ]. In addition , Rule 2.516 ( a ) now reads : “ Service ; When Required . Unless the court otherwise orders , or a statute or supreme court administrative order specifies a different means of service , every pleading subsequent to the initial pleading and every other document filed in any court proceeding , except applications for witness subpoenas and documents served by formal notice or required to be served in the manner provided for service of formal notice , must be served in accordance with this rule on each party . No service need be made on parties against whom a default has been entered , except that pleadings asserting new or additional claims against them must be served in the manner provided for service of summons .” [ Emphasis added ]
All documents served by email and not
PBCBA BAR BULLETIN 19