In re Amendments to the Florida Rules of Judicial Administration

Summary

The Florida Supreme Court adopts new Florida Rule of Judicial Administration 2.514, establishing uniform methods for computing and extending time periods. The opinion also adopts conforming amendments to rules governing civil, criminal, probate, traffic, juvenile, appellate, family law, and sexually violent predator proceedings. The amendments became effective October 1, 2012, at 12:01 a.m.

Holdings

1. The Court adopted Florida Rule of Judicial Administration 2.514, governing computation and extension of time periods specified in procedural rules, local rules, court orders, or statutes that do not specify a method of computation.
2. Under Rule 2.514, periods stated in days or longer units exclude the triggering day and include intermediate weekends and legal holidays, periods stated in hours begin immediately and count every hour, and intermediate weekends and legal holidays are excluded when a period stated in days is less than seven days, subject to the rule's stated exceptions.
3. When a party may or must act within a specified time after service and service is made by mail or e-mail, five days are added after the period that would otherwise expire under Rule 2.514(b), subject to the applicable procedural rules.

Questions Presented

1. Whether the Supreme Court of Florida should adopt a uniform rule governing computation and extension of time periods in court proceedings.
2. What computation rules should govern periods stated in days, hours, and periods of less than seven days.
3. Whether additional time should be provided after service by mail or e-mail and incorporated into the various Florida procedural rules.
4. What conforming amendments should be made to the civil, criminal, probate, traffic, juvenile, appellate, and family-law rules.

Disposition

approved