Sample Notice of Compliance with Rule 2.516 and Designation of E-Mail Address

29 June, 2012

This is a really simple little form designed to comply with the new Rule 2.516 requirement.

The rule says that you must file this upon your entry into the case, however, it isn’t clear on what happens with existing cases. The rule also requires that you include your email address(es) in the signature block of your pleadings now and also if you serve by e-mail you will reference that in the Certificate of Service. Both of these things may be enough to comply with Rule 2.516 in existing cases.

Of course, you could file Notices of Compliance/Designation of e-mail addresses in all of your cases if you really want to make sure the other party is on notice of exactly where you want your pleadings sent. Remember, if you don’t designate an e-mail address it is to be sent to the e-mail address you have on file with The Florida Bar.

This sample was forwarded to me by Broward paralegal Belinda Martinez:

Title: [PLAINTIFF/DEFENDANT] Notice of Compliance with Rule 2.516 and Designation of E-Mail Address

Language: [PLAINTIFF/DEFENDANT], [PARTY NAME], by and through their undersigned attorney, files this their Notice of Compliance with Rule 2.516(b)(1) and Designation of E-Mail Address (effective September 1, 2012) and designate the following e-mail address: [E-MAIL ADDRESS AND UP TO 2 ADDITIONAL]

Another paralegal pointed out the following:

…since the rule places an obligation on the attorney rather than the client, I would be inclined to word it as “[Attorney Name], as attorney for [Party Name], hereby gives notice of compliance . . . “

{ 11 comments… read them below or add one }

karin zimmerman July 8, 2012 at 9:08 am

Thank you, Linda!!!

Gayle Benson August 1, 2012 at 1:37 pm

Thank you, Linda!!! :) I have passed this information on to my friends in FL! :)

lmcfrp August 1, 2012 at 1:41 pm

Thanks Gayle!!

Linda August 1, 2012 at 3:19 pm

Thank you so much for your help! I have forwarded the information to my friends.

Anita August 24, 2012 at 12:24 pm

Thank you so much!!

Madelyn August 29, 2012 at 11:02 pm

Question: it is not clear to me if this notice of designation of email address must be filed in all existing cases OR cases initiated after 9/1? I get that the documents must be eleactronically served after but the confusion is as to preparing notices in existing cases?

Thank you!

Madelyn

lmcfrp August 30, 2012 at 6:30 am

The rule says the notice must be filed upon appearance in a case… so it sounds like its only required in new cases, but, if you don’t file one, you are leaving the decision of where to send your documents up to opposing counsel. This may not be a problem if there is only 1 attorney and you don’t want to designate second or third email addresses…. We are filing notices in ALL cases to make sure that we control where we are getting service.

Madelyn August 30, 2012 at 10:39 am

It makes total sense so that’s perfect – thank you!

karin zimmerman August 30, 2012 at 10:39 am

I agree with Linda’s post of August 30th —- it’s much more efficient for the function of your law firm to do the e-mail designations in all cases, whether new or pre-existing. This way, service of all court filed documents is smooth and synchronous and there’s no doubt as to how you should serve each pleading or discovery document in each of your cases.

lmcfrp August 30, 2012 at 11:10 am

Thanks Madelyn!

lmcfrp August 30, 2012 at 11:10 am

Thanks Karin!

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