In re Florida Rules of Civil Procedure

403 So. 2d 926, 1981 Fla. LEXIS 2847
CourtSupreme Court of Florida
DecidedSeptember 10, 1981
DocketNo. 55134
StatusPublished
Cited by3 cases

This text of 403 So. 2d 926 (In re Florida Rules of Civil Procedure) 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 Florida Rules of Civil Procedure, 403 So. 2d 926, 1981 Fla. LEXIS 2847 (Fla. 1981).

Opinion

PER CURIAM.

In an effort to relieve the document storage burden now experienced by all segments of Florida’s court system while maintaining the integrity of court records, this Court, by administrative order filed October 6, 1980, established a committee for the study of court document disposal.

The committee submitted its report on January 30, 1981, recommending a disposal procedure for court files and records which would be implemented through amendment to the Rules of Civil Procedure and an additional Rule of Judicial Administration. We invited all interested parties to submit their objections after publication of the report. The committee has now considered the objections and comments received in light of its initial report and has made certain modifications to its proposals.

We have considered all comments and the committee’s final report. We approve the report and adopt the committee’s new Rule of Judicial Administration 2.075 and proposed amendments to the Rules of Civil Procedure 1.310, 1.320, 1.330, 1.340, 1.350, and 1.450.

Absent modification before January 1, 1982, the amendments to the Rules of Civil Procedure, as attached to this opinion, shall become effective at 12:01 a. m., January 1, 1982. Rule 2.075 of the Rules of Judicial Administration, also attached, shall become effective at 12:01 a. m., January 1, 1982.

[927]*927In order to provide notice to the public that the clerk will no longer retain court files in perpetuity, the clerk shall give notice to the public at least six months before the first destruction of records under the provision of Rule 2.075 of the Rules of Judicial Administration of the clerk’s intent to destroy or dispose of records pursuant to the rule. Such notice may be given in any manner that the chief judge of the circuit prescribes and shall be given by publication at least three times in a newspaper published in the county and in a newspaper published in each major city of the county, or, if no newspaper is published in the county, such notice shall be given by publication in a newspaper determined by the chief judge to have wide circulation among the inhabitants of the county. The notice shall include at least the following information:

NOTICE CONCERNING DESTRUCTION OF COURT RECORDS
In accordance with rules adopted by the Supreme Court of Florida, the clerk of the court is no longer required to retain court records indefinitely. Certain court records presently in the custody of the Clerk of the Court of _ County may be destroyed in accordance with the provision of the Supreme Court rule after _No active court records will be destroyed. From time to time, after the above date, additional court records may be destroyed under the provisions of the Supreme Court rule. Interested persons may obtain a copy of the Supreme Court rule establishing a court records retention schedule and providing procedures governing the destruction of court records by contacting the clerk of the court.

We conclude with sincere thanks and special commendation to Chairman Bill Wagner, Esq., and the members of his committee

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Related

In re Amendments to Florida Rule of Judicial Administration 2.430
973 So. 2d 437 (Supreme Court of Florida, 2008)
Metropolitan Dade County v. Hall
784 So. 2d 1087 (Supreme Court of Florida, 2001)
In Re Amendments to Fla. Rules Civ. Proc.
604 So. 2d 1110 (Supreme Court of Florida, 1992)

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Bluebook (online)
403 So. 2d 926, 1981 Fla. LEXIS 2847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-florida-rules-of-civil-procedure-fla-1981.