9.420 Filing; Service of Copies; Computation of Time

(a) Filing.

(1) Generally. Filing may be accomplished by filing with the clerk; provided that a justice or judge may accept the documents for filing, and shall note the filing date and immediately transmit them to the office of the clerk.

(2) Inmate Filing. A document filed by a pro se inmate confined in an institution is timely filed if the inmate places the document in the hands of an institution official for mailing on or before the last day for filing. Such a document shall be presumed to be timely filed if it contains a certificate of service certifying that the inmate placed the document in the hands of an institution official for mailing on a particular date, and if the document would have been timely filed had it been received and file-stamped by the court on that date.

(b) Service. All original papers shall be filed either before service or immediately thereafter. A copy of all documents filed under these rules shall, before filing or immediately thereafter, be served on each of the parties. The lower tribunal, before the record is transmitted, or the court, on motion, may limit the number of copies to be served.

(c) Method of Service. If service is required or permitted to be made on a party represented by an attorney, service shall be made on the attorney unless service on the party is ordered by the court. Service on the attorney or party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule shall mean (A) handing it to the attorney or to the party, or (B) leaving it at the attorney's or party's office with the clerk or other person in charge thereof, or (C) if there is no one in charge, leaving it in a conspicuous place therein, or (D) if the office is closed or the person to be served has no office, leaving it at the attorney's or party's usual place of abode with some person of the attorney's or party's family above 15 years of age and informing such person of the contents. Service by mail shall be complete on mailing.

(d) Proof of Service. A certificate of service that complies in substance with the appropriate form below shall be taken as prima facie proof of service in compliance with these rules. The certificate shall specify the party each attorney represents.

(1) Attorney:

I certify that a copy hereof has been furnished to .....(here insert name or names)..... by .....(delivery) (mail)..... on .....(date)......

________________________________
Attorney for .....(name of party).....
.....(address and phone number).....
Florida Bar No. .................

(2) By Pro Se Inmate:
I certify that I placed this document in the hands of .....(here insert name of institution official)..... for mailing to .....(here insert name or names)..... on .....(date)......

_________________________________
.....(name).....
.....(address).....
.....(prison identification number).....

(3) By Other Pro Se Litigants:

I certify that a copy hereof has been furnished to .....(here insert name or names)..... by .....(delivery) (mail)..... on .....(date)......

_________________________________
.....(name).....
.....(address).....
.....(phone number).....

(e) Additional Time After Service by Mail. If a party, court reporter, or clerk is required or permitted to do an act within some prescribed time after service of a document, and the document is served by mail, 5 days shall be added to the prescribed period.

(f) Computation. In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a holiday described below, in which event, the period shall run until the end of the next day that is neither a Saturday, Sunday, nor holiday. If the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. As used in this rule, holiday means

(1) New Year's Day;

(2) Martin Luther King, Jr.'s Birthday, the third Monday in January;

(3) Washington's Birthday, the third Monday in February;

(4) Good Friday;

(5) Memorial Day, the last Monday in May;

(6) Independence Day;

(7) Labor Day, the first Monday in September;

(8) Columbus Day, the second Monday in October;

(9) Veterans' Day;

(10) General Election Day;

(11) Thanksgiving Day, the fourth Thursday in November;

(12) Christmas Day;

(13) any statewide primary day;

(14) any Monday immediately following a Sunday on which one of the foregoing holidays falls; and

(15) any other day when the clerk's office is closed.