In Re Fla. Rules of Judicial Administration

372 So. 2d 449, 1979 Fla. LEXIS 4707
CourtSupreme Court of Florida
DecidedJune 14, 1979
Docket54525
StatusPublished
Cited by5 cases

This text of 372 So. 2d 449 (In Re Fla. Rules of Judicial Administration) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Fla. Rules of Judicial Administration, 372 So. 2d 449, 1979 Fla. LEXIS 4707 (Fla. 1979).

Opinion

372 So.2d 449 (1979)

In re FLORIDA RULES OF JUDICIAL ADMINISTRATION.

No. 54525.

Supreme Court of Florida.

June 14, 1979.

PER CURIAM.

On June 30, 1978, the Court promulgated new Florida Rules of Judicial Administration[*] designed to update and consolidate a number of related provisions that had previously appeared throughout the Court's civil, criminal, appellate, and transition rules. These rules were made effective on July 1, 1978, subject to Court revision on the basis of comments submitted by any interested persons not later than December 31, 1978.

The Court has received and appreciates the many thoughtful suggestions filed by judges, lawyers, and judicial personnel throughout the state. We have reviewed each matter carefully, and many of the recommendations have been adopted and incorporated into the rules. In addition, minor technical and drafting changes have been made to enhance the clarity and internal consistency of these rules.

The appended Florida Rules of Judicial Administration, as revised, shall take effect at 12:01 a.m. on July 1, 1979. (For the purpose of identifying modifications, we have underscored language that has been added and used strike-throughs to indicate language that has been deleted. Mere capitalization and punctuation changes are not reflected.)

Upon these rules becoming effective, the following provisions of our other rules shall stand repealed or amended, as indicated:

A. FLORIDA RULES OF CIVIL PROCEDURE

1. Rule 1.020 is repealed in its entirety.
2. Rule 1.025 is repealed in its entirety.
3. Rule 1.030(a) is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
"Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit."
4. Rule 1.030(b) is repealed.
5. Rule 1.030(c) is repealed.
6. Rule 1.030(d) is repealed.
7. Rule 1.030(e) is repealed.
8. Rule 1.035 is repealed in its entirety.
9. Rule 1.310(b)(4) is amended to read as follows:
"(4) Upon motion, the court shall, subject to the provisions of Rule 1.280(c) and the guidelines provided by Fla. R. Jud. Admin. 2.070(d), order that the testimony at a deposition be recorded on videotape and may order that the testimony at a deposition be recorded by other than stenographic means at the initial cost of the movant. A party may also arrange for a stenographic transcription at his own initial expense."

B. FLORIDA RULES OF CRIMINAL PROCEDURE

1. Rule 3.025 is repealed in its entirety.
2. Rule 3.080 is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
"Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit."
3. Rule 3.090 is repealed in its entirety.
4. Rule 3.100 is repealed in its entirety.

C. FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE

1. Rule 5.030(a) is amended by deleting reference to "Fla. R. Civ. P. 1.030" and substituting "Fla. R. Jud. Admin. 2.060."

*450 D. FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS

1. Rule 6.050 is repealed in its entirety.
2. Rule 6.060 is repealed in its entirety.
3. Rule 6.380 is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
"Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of an alleged offender represented by an attorney need not be verified or accompanied by an affidavit."
4. Rule 6.390 is repealed in its entirety.

E. FLORIDA RULES OF SUMMARY PROCEDURE

1. Rule 7.030 is repealed in its entirety.
2. Rule 7.050(a)(2) is amended to read as follows:
"(2) PARTY NOT REPRESENTED BY ATTORNEY TO SIGN. A party, individual, or corporation, who or which has no attorney handling such cause, shall sign his or its statement of claim or other paper and state his or its address and telephone number, including area code. Provided, however, if the trial court in its discretion shall determine that the plaintiff is engaged in the business of collecting claims, and holds such claim being sued upon, by purchase, assignment, or management arrangement in the operation of such business, the court may require such corporation to provide counsel in the prosecution of the cause."

F. FLORIDA RULES OF JUVENILE PROCEDURE

1. Rule 8.020 is repealed in its entirety.

G. FLORIDA WORKMEN'S COMPENSATION RULES OF PROCEDURE

1. Rule 6 is amended to read as follows:
"The provisions of Fla. R. Jud. Admin. 2.060 relating to attorneys shall apply. Notice of appearance shall be filed by any successor or associated attorney, prior to or concurrently with the filing of any pleading or presentation of oral argument to or before a Judge or the Commission. An attorney who has filed a claim or has otherwise become an attorney of record for any party to a workmen's compensation cause shall remain attorney of record in said cause and shall not be permitted to withdraw from the cause unless he shall first file with the Judge a written motion for withdrawal setting forth the reasons therefor, serving a copy of said motion upon the movant's client and counsel for the adverse party, and shall then obtain from the Judge an order granting said motion for withdrawal. If an application for review is pending in the cause, the motion shall be filed with the Commission, which shall enter an appropriate order thereon."

H. FLORIDA RULES OF MEDICAL MEDIATION PROCEDURE

1. Rule 20.040 is re-titled "NONVERIFICATION OF PLEADINGS" and amended to read as follows:
"Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit."
2. Rule 20.180 is amended by deleting reference to "Rule 1.035, Florida Rules of Civil Procedure" and substituting "Fla. R. Jud. Admin. 2.070(e)."

I. FLORIDA TRANSITION RULES

1. Rules 1 through 19 and Rules 21 and 22 are repealed in their entirety.

It is so ordered.

ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.

*451 APPENDIX

                       FLORIDA RULES OF JUDICIAL
                             ADMINISTRATION
                                 INDEX
RULE                                                                 PAGE
2.010  Effective Date and Scope ..................................... 451
2.020  Definitions .................................................. 451
2.030  The Supreme Court ............................................ 451
2.040  District Courts of Appeal .................................... 454
2.050  Trial Court Administration ................................... 

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372 So. 2d 449, 1979 Fla. LEXIS 4707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fla-rules-of-judicial-administration-fla-1979.