PROBATE CORNER
Unsubscribing from PBCBA E-Blasts
PROBATE CORNER
Service By And On Pro Se Litigants ( Rule 2.516 )
DAVID M . GARTEN
In June 2009 , each of The Florida Bar ’ s rules committees was asked to designate one of its members to serve on the Joint E-mail Service Committee tasked to explore the possibility of a comprehensive proposal to implement e-mail service in Florida . In preparing its proposal , new Rule 2.516 was born . In reaction to subsequent electronic filing and service advancements within the courts and legal profession , in 2022 the Florida Legislature made significant revisions to Fla . R . Gen . Prac . & Jud . Admin . 2.516 . The purpose of this article is to clarify those changes as it pertains to pro se litigants in the form of questions and answers .
1 . Is it necessary to serve a pro se litigant with pleadings and documents by email ?
Answer : Yes . All documents required or permitted to be served on another party must be served by e-mail , unless the parties otherwise stipulate or as the Rule otherwise provides . [ 2.516 ( b )( 1 )]. Email can be provided either through the Florida Courts e-filing Portal or by email in compliance with the procedure outlined in Rule 2.516 ( b )( 1 )( F ) [ Rule 2.516 ( b )( 1 ) and 2.516 ( b )( 1 )( F )]. See also Fla . R . Civ . P . 1.080 which reads in relevant part : “( a ) Service . Every pleading after the initial pleading , all orders , and every other document filed or required by statute or rule to be served in the action must be served in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516 . ( b ) Filing . All documents must be filed in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.525 .”
2 . Does a pro se litigant have to provide an email address ?
Answer : Yes ( qualified ). Unless excused , a pro se litigant must serve a designation of a primary e-mail address [ Rule 2.516 ( b )( 1 ) ( C ) and PBC Administrative Order No . 2.312- 10 / 22 , subparagraph “ I ”]. Refer to FORM 2.602-Designation of E-Mail Address for a
Party Not Represented by an Attorney . From then on , the pro se litigant will receive and send documents filed in the case by e-mail .
3 . Can a pro se litigant be excused from providing an email address ?
Answer : Yes . The clerk of court must excuse a party who is not represented by an attorney from the requirements of e-mail service if the party declares on Form 2.601 , under penalties of perjury , that the party does not have an e-mail account or does not have regular access to the Internet . [ Rule 2.516 ( b )( 1 )( D )].
4 . How do I serve a pro se litigant that has been excused from providing an email address ?
Answer : By delivery or by mail . “ If a party not represented by an attorney is excused from e-mail service , service on and by that party must be by the means provided in subdivision ( b )( 2 ).” [ Rule 2.516 ( b )( 1 )( D )( ii )]
5 . If a non-excused pro se litigant fails to provide an email address and I know his / her email address , can I add him / her to the Florida Courts e-filing Portal for service ?
Answer : No . The filer of an electronic document must verify that the Portal or other e-Service system uses the names and e-mail addresses provided by the parties . [ Rule 2.516 ( b )( 1 ). See also Young v . Williams , 327 So . 3d 448 ( Fla . 1st DCA 2021 ) ( Appellee ' s attorney incorrectly used Appellant ' s e-mail address which Appellant did not provide ).
6 . Do I have to serve the pro se litigant by email ?
Answer : Yes . However , in addition to service by e-mail , you can serve the pro se by any of the means specified in Rule 2.516 ( b )( 2 ).
7 . Are the Probate Rules subject to Rule 2.516 ?
Answer : Yes . Fla . Prob . R . 5.041 provides : “ Unless the court orders otherwise , every petition or motion for an order determining rights of an interested person , and every other pleading or document filed in the particular proceeding which is the subject matter of such petition or motion , except applications for witness subpoenas , shall be served on interested persons as set forth in Florida Rule of General Practice and Judicial Administration 2.516 unless these rules , the Florida Probate Code , or the Florida Guardianship Law provides otherwise .”
( Continued on next page )
Unsubscribing from PBCBA E-Blasts
If you ' ve accidentally unsubscribed from our e-blasts ( or opted out ), please remember that , aside from the Bar Bulletin , all updates on events , programs , and important Court information are sent via email through Constant Contact .
To re-subscribe and stay updated , visit www . palmbeachbar . org and click the " eNews Sign-up " button . Constant Contact will send you a confirmation email — be sure to complete the process , as SPAM laws prevent us from manually adding you back .
If you ' ve recently changed your email address or moved to a new firm , completing this process will help ensure you don ' t miss any important emails during the transition .
Thank you for subscribing and allowing us to keep you informed !
PBCBA BAR BULLETIN 18