Long awaited, much anticipated, the Florida Supreme Court (Moto "Undoing Liberal Precedent Since 2018") issued on July 14, 2022 its amendments to the rules of civil procedure (yawn), Florida Rules Of General Practice and Judicial Administration (first we've ever heard of these rules), Rules of Criminal Procedure, Probate Rules (read em before you need em), Rules of Traffic Court, Small Claims Rules and, last but not least, rules of appellate procedure (Rule 1: PCA's shall be issued in a majority of all criminal cases).
What most readers of this blog want to know is whether they will have to appear in Hendry County, or
Winterhaven, Two Egg, Florida, in person, or can appear by zoom for a status conference (hint, if you're from Miami, check the air in those tires and change the oil).
The Rule of Criminal Procedure has been amended to ALLOW judges to set zoom hearings. Broward immediately banned laptops from the Courthouse. Get the hint as to how this is going to go?
Upon the court’s own motion or upon a party’s written request, rule 3.116 authorizes a judge to direct that communication technology may be used by one or more parties for pretrial conferences, but the defendant or defendant’s counsel must waive the defendant’s physical attendance at pretrial conferences pursuant to rules 3.180(a)(3) and 3.220(o)(1). And rule 3.116 authorizes the judge to allow the taking of testimony through communication technology if all parties consent and the defendant waives any otherwise applicable confrontation rights.
Practice tip- Baker Act hearings have to be done in person. Something to do with the Florida Constitution or something like that.
Practice tip 2- if you want to take a depo by zoom, the subpoena has to say that, AND list the way to log on to zoom. Shocking, but they felt they needed to include it in the rules.