Following a successful argument by Weinstein & Cohen Founding Partner Judson Cohen in front of the Supreme Court of Florida last year, the highest court in the state adopted the Florida Bar Rules Judicial Administration Committee’s (RJAC) recommendation to change Florida Bar legal rules as they pertain to the computation of time.
As the former Chair of the RJAC, Judson presented the proposed rule change which essentially eliminated the 5 extra “mailing” days added to response time when something is served by e-mail. Up until this rule change, Rule 2.514 and 2.516 treated e-mail delivery like mail delivery which added 5 extra mailing days to the deadline for any response. After discussions with the other rules committees such as Civil, Criminal and Appellate, the RJAC believed there was no longer a need to treat service by email the same as service by U.S. Mail for the purposes of calculating the time for a response. One other important aspect of this rule change is how the first day is counted. Day one will now be the first day that is not a weekend or holiday following the date of the event. These rules changes take effect January 1, 2019.
It’s not too often that you get to argue in front of the Supreme Court of Florida and it’s something that Judson certainly will not forget. Judson said “it was an honor and a privilege to appear before Florida’s highest Court.”
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