Fla. R. App. P. 9.420

FILING; SERVICE; COMPUTATION OF TIME

Verbatim from the official edition

Text — October 1, 2026 edition

(a) Filing.

(1) Generally. Filing must be accomplished in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.525, except as provided in subdivision (a)(2) of this rule.

(2) Inmate Filing. The filing date of a document filed by an unrepresented inmate confined in an institution will be presumed to be the date it is stamped for filing by the clerk of the court, except as follows:

(A) the document will be presumed to be filed on the date the inmate places it in the hands of an institutional official for mailing if the institution has a system designed for legal mail, the inmate uses that system, and the institution’s system records that date; or

(B) the document will be presumed to be filed on the date reflected on a certificate of service contained in the document if the certificate is in substantially the form prescribed by subdivision (d)(1) of this rule and either:

(i) the institution does not have a system designed for legal mail; or

(ii) the inmate used the institution’s system designed for legal mail, if any, but the institution’s system does not provide for a way to record the date the inmate places the document in the hands of an institutional official for mailing.

(b) Service of Filed Documents. The filer of a document must serve it as provided by this rule, unless:

(1) a statute, rule, or administrative court order of the Florida Supreme Court provides for a different method of service, and the document is served under that method; or

(2) a statute, rule, or court order requires or permits the document to be filed without being served.

(c) Service; How Made. Service of every document filed in a proceeding governed by these rules (including any briefs, motions, notices, responses, petitions, and appendices) must be made as required by Florida Rule of General Practice and Judicial Administration 2.516(b).

(d) Certificate of Service. A certificate of service by an attorney that complies in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f) establishes prima facie proof of service. With respect to an unrepresented party, the following sample certificates comply with this rule:

(1) By Unrepresented Inmate: I certify on …..(date)….. that I placed this document in the hands of .....(here insert name of institution official)..... for mailing to .....(here insert name(s) and service address(es))…... …..(name)….. …..(address)….. …..(prison identification number)…..

(2) By Other Unrepresented Parties: I certify that on …..(date)….. this document has been furnished to .....(here insert name(s) and service address(es))..... by …..(here insert method of service such as portal, e-mail, delivery, or mail)…... …..(name)….. …..(address)….. …..(phone number)…..

(e) Computation. Computation of time is governed by Florida Rule of General Practice and Judicial Administration 2.514.

Notes and commentary — not rule text

Committee Notes

1977 Amendment. Subdivision (a) replaces former rule 3.4(a). The last sentence of former rule 3.4(a) was eliminated as superfluous. The filing of papers with a judge or justice is permitted at the discretion of the judge or justice. The advisory committee recommends that the ability to file with a judge or justice be exercised only if necessary, and that care be taken not to discuss in any manner the merits of the document being filed. See Fla. Code Prof. Resp., DR 7-110(B) (now R. Regulating Fla. Bar 4-3.5(b)); Fla. Code Jud. Conduct, Canon 3(A)(4). Subdivision (b) replaces and simplifies former rules 3.4(b)(5) and 3.6(i)(3). The substance of the last sentence of former rule 3.4(b)(5) is preserved. It should be noted that except for the notices or petitions that invoke jurisdiction, these rules generally provide for service by a certain time rather than filing. Under this provision filing must be done before service or immediately thereafter. Emphasis has been placed on service so as to eliminate the hardship on parties caused by tardy service under the former rules and to eliminate the burden placed on the courts by motions for extension of time resulting from such tardy service. It is anticipated that tardy filing will occur less frequently under these rules than tardy service under the former rules because the parties are unlikely to act in a manner that would irritate the court. The manner for service and proof thereof is provided in subdivision (c). Subdivision (d) replaces former rule 3.4(b)(3) and provides that if a party or clerk is required or permitted to do an act within a prescribed time after service, 5 days (instead of 3 days under the former rule) shall be added to the time if service is by mail. Subdivision (e) replaces former rule 3.18 with no substantial change. “Holiday” is defined to include any day the clerk’s office is closed whether or not done by order of the court. The holidays specifically listed have been included, even though many courts do not recognize them as holidays, to not place a burden on practitioners to check whether an individual court plans to observe a particular holiday.

1980 Amendment. Subdivision (b) was amended to provide that either the lower tribunal or the court may limit the number of copies to be served. The rule contemplates that the number of copies may be limited on any showing of good cause, for example, that the number of copies involved is onerous or that the appeal involves questions with which some parties have no interest in the outcome or are so remotely involved as not to justify furnishing a complete record to them at appellant’s initial cost. The availability of the original record at the clerk’s office of the lower tribunal until due at the appellate court is a factor to be considered.

Source of truth

Edition: October 1, 2026 edition
Official file: https://www-media.floridabar.org/uploads/2026/10/Appellate-Court-Rules-10-01-26.pdf (PDF pages 200–204)
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This rule cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Florida Rules of General Practice and Judicial Administration

Cited by 4 provisions

Provisions in this library whose text cites Fla. R. App. P. 9.420. Each shows the citation as that text prints it.

Florida Rules of Criminal Procedure

Fla. R. Crim. P. 3.987MOTION FOR POSTCONVICTION RELIEF MODEL FORM FOR USE IN MOTIONS FOR POSTCONVICTION RELIEF PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.850Printed as Rule of Appellate Procedure 9.420

Florida Rules of Appellate Procedure

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.