E-Filing, Deadlines, & Florida Probate Litigation

What claims are required to be e-filed in Florida? Can a trust and estates attorney simply file claims electronically or do they need to mail them to the Palm Beach court house? What if a probate litigator only mails a creditor’s claim on behalf of a client, yet fails to file it electronically? You should read Florida Rules of Judicial Administration 2.520 and 2.525 to learn more about mandatory electronic filing.

E-Filing Requirements in Trust and Estates and Guardianship Lawsuits

• On April 1,2013, e-filing became mandatory statewide.
• What does this mean?
• This means that trial lawyers and guardianship litigators must file claims electronically with the court.
• There are exceptions to the rule that allow paper documents to be manually submitted to the clerk or court.
• What are these exceptions?

Fla. R. Jud. Admin. 2.516(d) Exceptions.

Paper documents and other submissions may be manually submitted to the clerk or court:

(1) when the clerk does not have the ability to accept and retain documents by electronic filing or has not had ECF Procedures approved by the supreme court;

(2) for filing by any self-represented party or any self-represented nonparty unless specific ECF Procedures provide a means to file documents electronically. However, any self-represented nonparty that is a governmental or public agency and any other agency, partnership, corporation, or business entity acting on behalf of any governmental or public agency may file documents by electronic transmission if such entity has the capability of filing document electronically;

(3) for filing by attorneys excused from e-mail service in accordance with rule 2.516(b);

(4) when submitting evidentiary exhibits or filing non-documentary materials;

(5) when the filing involves documents in excess of the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court. For such filings, documents may be transmitted using an electronic storage medium that the clerk has the ability to accept, which may include a CD-ROM, flash drive, or similar storage medium;

(6) when filed in open court, as permitted by the court;

(7) when paper filing is permitted by any approved statewide or local ECF procedures; and

(8) if any court determines that justice so requires.