PROBATE CORNER
PROBATE CORNER
Service By And On Pro Se Litigants ( Rule 2.516 ) ( Continued )
DAVID M . GARTEN
In addition , Rule 2.516 ( a ) provides that documents served by formal notice or required to be served in the manner provided for service of formal notice are exempt from the Rule .
8 . If a non-excused pro se litigant fails to provide an email address using FORM 2.602 , 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 amended Rule 2.516 ( b )( 1 )( C ) to read :
“( C ) Service on and by Parties Not Represented by an Attorney . Any party not represented by an attorney may 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 ) provides : “( a ) 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 ]
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PBCBA BAR BULLETIN 19