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INDEX TO FLORIDA APPELLATE RULES Acknowledgment is made to the Harrison Company, Atlanta, Georgia, and the West Publishing Company, St. Paul, Minnesota, with appreciation for permission to republish this Index to the Flor- ida Appellate Rules as it appears in Florida Statutes Annotated. Absence, Justices or judges, Assignment to replace, Rule 2.1a(4). Notke and reasuns, Rule :Ua(2). Notice to chief judge, Rule 2..2a(2). Adjournments, District courts of appeal, Rule 2.2e. Supreme Court, Rule 2. lf. Administrative boards and agencies, review of rul- ings, Rule 4.1. Advancement, causes, Rule 3.12. Ad verse parties, Copies, papers service upon, Rule 3.4. Motion or petition for Withdrawal of attorney, service, Rule .2.3. Not.H.: e, app1icat10n for constitutional writs, Rule 4.5g. Reply, petition to review judgment for costs, Rule 3. 16. Service, brief with application for extraordi- nary writ, Rule 4.5a. Advisory committee on rules, creation, etc. Rule 2.lg. Affidavits, Bondsmen, form, Rule 7.2c. Support of motions, Rule 3.9. Agents, attorney as agent of client, Rule 2.3. Alter· native writ of mand amus, Rule 4.5b. Amicus curiae, brief, consent to file, Rule 3.ik. Appendices, Hearing and determination of appeals on, Rule 3.3. Interlocutory appeals, Rule 4.2. Application, Rule 1.1. Applications, Certiorari, writ of, Rule 4.5c. Constitutional writs, Rule 4.5g. Criminal appeals. Bail pending, Rule 6.15. Rehearin g, Rule 6. 17. Extraordinary writs, Rule 4.5a. Habeas corpus proceeding. Rule 4.5f. Interlocutory appeals, Rule 4.2. Oral ar ument . Ru le 3 10. Prohibition, writ of. Rule 4.5d. Rehearings, Rule 3.14. Writ, notice. Rule 4.5a. Appendix, briefs, Rule 3.7f, g, j. Arguments, Briefs, Rule 3.7f, g .. Abandonment. points not argued in, Rule 3.7i Certified questions, Rule 4.6. Motions. support or opposition, Rule 3.9. Oral arguments, post. Assignments, Judges, Rule 2.2a(3). Justices and judges, Rule 2.1a(4). Various courts , Rule .2.la(3). Assignments of error, Generally, Rule 3.5. Briefs, not argued in, abandonment, Rule 3.71. Criminal appeals , Rule 6.7 . Hearing of appeals on. Rule 3.3. Interlocutory appeals, Rule 4.2. Requisites , Rule 3.3. Time for filing, Rule 3.6d. Transcript of record-on-appeal, contents, Rule 3.6g. Attorney General, Criminal appeals, Defendant, service of notice upon, Rule 6.5. Duties, Rule 6.4. Notice of issuance of habeas corpus writ to, Rule 4.5f. Quo warranto proceedings by, Rule 4.5e. Attorney of record. Attorneys, generally, post. Attorneys, Generally, Rule 2.3. Agent of client, Rule 2.3. Briefs, amicus curiae, fi ling, Rule 4.7k. Deemed attorneys for same parties. Rule 3.11. Defined, Rule 1.3. Fees, motion for fees allowable by law, Rule 3.16. Notice of mand a te or judgment to. Rules :.! .1 b, 2.2b. Oral argument, restriction on number participat- in g, Ru .e 3.1 0. Practice by, Foreign attorneys. Rule 2.3. Local attorneys, Rule 2.3. Record on appeal, use, Rule 3.6i. Service upon, Rule 3. 4. Agent of client , Rule 2.3. Motions, Rule 3.9. Papers, Rule 3.4. Petition for rehearing, Rule 3.14. Withdrawal, Rule 2.3. Bail, Bonds, criminal appeals. form. Rule 7.2c. Motion for admissiun to, Rule 3. fik . Pending criminal appeal. Rule 6. 15 . Bar members, use of Supreme Court library, Rule 2. lc . Boards, Defined, Rule 1.3. Mandamus and quo warranto, purpose of issu- ance, Rule 2. la(5) . Review of administrative rulings, Rule 4. 1. Bond, Additional security on appeal bond, Rule 3.6k. 8551

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INDEX TO FLORIDA APPELLATE RULES

Acknowledgment is made to the Harrison Company, Atlanta, Georgia, and the West Publishing Company, St. Paul, Minnesota, with appreciation for permission to republish this Index to the Flor­ida Appellate Rules as it appears in Florida Statutes Annotated.

Absence, Justices or judges,

Assignment to replace, Rule 2.1a(4). Notke and reasuns, Rule :Ua(2). Notice to chief judge, Rule 2 . .2a(2).

Adjournments, District courts of appeal, Rule 2.2e. Supreme Court, Rule 2.lf.

Administrative boards and agencies, review of rul­ings, Rule 4.1.

Advancement, causes, Rule 3.12. Ad verse parties,

Copies, papers service upon, Rule 3.4. Motion or petition for Withdrawal of attorney,

service, Rule .2.3. Not.H.:e, app1icat10n for constitutional writs, Rule

4.5g. Reply, petition to review judgment for costs,

Rule 3.16. Service, brief with application for extraordi­

nary writ, Rule 4.5a. Advisory committee on rules, creation, etc. Rule

2.lg. Affidavits,

Bondsmen, form, Rule 7.2c. Support of motions, Rule 3.9.

Agents, attorney as agent of client, Rule 2.3. Alter·native writ of mandamus, Rule 4.5b. Amicus curiae, brief, consent to file, Rule 3.ik. Appendices,

Hearing and determination of appeals on, Rule 3.3.

Interlocutory appeals, Rule 4.2. Application, Rule 1.1. Applications,

Certiorari, writ of, Rule 4.5c. Constitutional writs, Rule 4.5g. Criminal appeals.

Bail pending, Rule 6.15. Rehearing, Rule 6.17.

Extraordinary writs, Rule 4.5a. Habeas corpus proceeding. Rule 4.5f. Interlocutory appeals, Rule 4.2. Oral ar ument. Ru le 3 10. Prohibition, writ of. Rule 4.5d. Rehearings, Rule 3.14. Writ, notice. Rule 4.5a.

Appendix, briefs, Rule 3.7f, g, j. Arguments,

Briefs, Rule 3.7f, g .. Abandonment. points not argued in, Rule 3.7i

Certified questions, Rule 4.6. Motions. support or opposition, Rule 3.9. Oral arguments, post.

Assignments, Judges, Rule 2.2a(3). Justices and judges, Rule 2.1a(4). Various courts, Rule .2.la(3).

Assignments of error, Generally, Rule 3.5.

Briefs, not argued in, abandonment, Rule 3.71. Criminal appeals, Rule 6.7 . Hearing of appeals on. Rule 3.3. Interlocutory appeals, Rule 4.2. Requisites, Rule 3.3. Time for filing, Rule 3.6d. Transcript of record-on-appeal, contents, Rule

3.6g. Attorney General,

Criminal appeals, Defendant, service of notice upon, Rule 6.5. Duties, Rule 6.4.

Notice of issuance of habeas corpus writ to, Rule 4.5f.

Quo warranto proceedings by, Rule 4.5e. Attorney of record. Attorneys, generally, post. Attorneys,

Generally, Rule 2.3. Agent of client, Rule 2.3. Briefs, amicus curiae, fi ling, Rule 4.7k. Deemed attorneys for same parties. Rule 3.11. Defined, Rule 1.3. Fees, motion for fees allowable by law, Rule 3.16. Notice of mandate or judgment to. Rules :.! . 1 b,

2.2b. Oral argument, restriction on number participat­

ing, Ru .e 3.10. Practice by,

Foreign attorneys. Rule 2.3. Local attorneys, Rule 2.3.

Record on appeal, use, Rule 3.6i. Service upon, Rule 3.4.

Agent of client, Rule 2.3. Motions, Rule 3.9. Papers, Rule 3.4. Petition for rehearing, Rule 3.14.

Withdrawal, Rule 2.3. Bail,

Bonds, criminal appeals. form. Rule 7.2c. Motion for admissiun to, Rule 3.fik . Pending criminal appeal. Rule 6.15.

Bar members, use of Supreme Court library, Rule 2.lc.

Boards, Defined, Rule 1.3. Mandamus and quo warranto, purpose of issu­

ance, Rule 2.la(5) . Review of administrative rulings, Rule 4.1.

Bond, Additional security on appeal bond, Rule 3.6k.

8551

INDEX-FLORIDA APPELLATE RULES

Bonds, Civil supersedeas bond, form, Rule 7.2h. Criminal appeal, form, Rule 7.2c. Judgments or decrees, post. Stay or supersedeas on appeal, Rules 5.1 to 5.11. Validation proceedings, Rules 2.1a(5), 4.3.

Books and papers, Briefs, size of paper, etc., Rule 3.7e. Deemed recorded, Rule 1.3. District courts of appeals,

Custody of clerk, Rule 2.2b. Mandamus, recording issuance in book, Rule

2.2b. Return of original papers, Rule 2.2b.

Filing and service of papers, Rule 3.4. Original papers, transmittal on appeal, Rule 3.6f. Supreme Court,

Custody of clerk, Rule 2.1b. Mandate, recording issuance in book, Rule 2.1b. Removal from library, Rule 2.lc. Return of original papers, Rule 2.1b.

Briefs, Generally, Rule 3.7.

Abandonment,. points not argued in, Rule 3.7i. Amicus curire, Rule 3.7k. Appellant's brief,

Contents, Rule 3.7f. · Main brief, service, Rule 3.7a.

Reply brief, Rule 3.7c, h. Appellee's brief,

Contents, Rule 3.7g. Service, Rule 3. 7b.

Appendices, necessity, Rule 3.7j. Appendix, Rule 3.7f, g. Argument, contents, Rule 3.7f, g. Binding, Rule 3.7e. Certified questions, Rule 4.6. Certiorari proceedings, Rule 4.5c. Citation of authorities, Rule 3.7f. Constitutional writs, Rule 4.5g. Contents, Rule 3.7. Cover, Rule 3.7e. Griminal appeals, Rule 6.11. Filing, Rule 3. 7. Form, Rule 3.7. Habeas corpus proceedings, Rule 4.5f. Hearing and determination of appeals on, Rule

3.3. Index, topical index, Rule 3.7f. Interlocutory appeals, Rule 4.2. Length, Rule 3.7e. Lettering, type and spacing1 Rule 3.7e. Mandamus, support of petition for, Rule 4.5b. Motions, support or opposition to, Rule 3.9. Paper and size, Rule 3.7e. Prohibition proceedings, Rule 4.5d. Quo warranto proceedings, rules governing, Rule

4.5e. Reply brief,

Appellant, Rule 3.7c, h. Certiorari proceedings, Rule 4.5c. Habeas corpus proceeding, Rule 4.5f. Mandamus proceedings, Rule 4.5b. Prohibition proceeding, Rule 4.5d.

Respondents, Certiorari proceedings, Rule 4.5c. Return and brief,

Habeas corpus proceedings, Rule 4.5f. Mandamus proceeding, Rule 4.5b. Prohibition proceeding, Rule 4.5d.

Service on, Rule 4.5a, c. Service,

Appellant's main brief, Rule 3.7a. Appellant's reply brief, Rule 3.7c. Appellee's brief, Rule 3.7b. Application for extraordinary writs, Rule 4.5a~

Style, Rule 3.7e.

Briefs-Continued Time, service, Rule 3.7a, b, c. Titles, Rule 3.7e. Typewriting, Rule 3.7e.

Buildings and grounds, Marshal as custodian,

District courts of appeal, Rule 2.2c. Supreme Court; Rule 2.1d.

Causes, advancement, Rule 3.12. Certification,

Dismissal of appeal to lower court, Rule 3.13. Record on appeal, Rule 3.6c.

Certificate of clerk, Form, record on appeal,

Original papers used, Rule 7.2d. Stipulated statement, Rule 7.2f. Transcript used instead of original papers,

Rule 7.2e. Certificate of indebtedness, validation proceedings,

Rule 2.la(5). Certificates,

Foreign attorneys, practice of law, Rule 2.3. Record on appeal, Rule 3.6n. Service, form, Rule 7.2j.

Certified copies, Criminal appeal, dismissal, Rule 6.13. Interlocutory appeals, Rule 4.2. Orders,

Extension of time for filing briefs, Rule 3.7d. Lower court after entry of appeal, Rule 3.8.

Certified questions, Generally, Rule 4.6.

Review by certiorari decision affecting, Rule 2.1a(5).

Certiorari, Generally, Rule 4.5c.

Application for writ, Rule 4.5a. Petition for writ, form, Rule 7.2i. Review of rulings of boards and commissions,

Rule 4.1. · Supreme Court, review by, Rule 2.1a(5).

Chief judge, district court of appeal, election, etc., Rule 2.2a(2).

Chief justice, of Supreme Court, term, etc. Rule 2.1a(2).

Christmas, legal holiday, Rule 1.3. Circuit courts,

Absence, etc., judges, assignments, Rule 2.1a(4). Assignment of Supreme Court justices to, Rule

2.la(3). Criminal appeals, Rule 6.1. Defined, Rule 1.3. Governing proceedings, Rules 1.1, 4.7.

Citation, Rule 1.2. Authorities, brief, contents, Rule 3.7f.

Clerks, Defined, Rule 1.3. Justices or judges, practice of law prohibited,

Rule 2.3. Clerks of court,

Commencement of appeal, duties, Rule 3.2. Criminal appeals, directions to clerk, Rule 6.7. Dismissal of appeals, duties, Rule 3.13. District courts of appeal, appointment, etc., Rule

2.2b. Mandate, time for issuance, Rule 3.15. Record on appeal,

Directions or cross directions, Rule 3.6d, j. Preparation, Rule 3.6b.

Supreme Court, Rule 2.1b. Clients,

Attorney as agent of client, Rule 2.3. Motion or petition for withdrawal by attorney,

service upon, Rule 2.3. Comity, foreign attorneys, practice of law, Rule 2.3.

3552

INDEX-FLORIDA APPELLATE RULES

Commencement of proceedings, Rule 3.2. Petition for constitutional writ, effect, Rule 4.5g.

Commissions, Defined, Rule 1.3. Extraordinary writs, issuance to, Rule 2.1a(5). Review of administrative rulings, Rule 4.1.

Committees, advisory committee on rules, crea­tion, etc., Rule 2.lg.

Compensation, District courts of appeal,

Clerk, Rule 2.2b. Marshal, Rule 2.2c.

Justices or judges, armed forces or state militia services, effect, Rule 2.1a(6).

Retired justice or judge assigned to judicial serv­ice, Rule 2.la(3).

Supreme Court, Clerk, Rule 2.lb. Marshal, Rule 2.ld.

Completion, record on appeal, Rule 3.61. Time for, Rule 3.6j.

Compromise, dismissal of causes upon, Rule 3.13. Computation of time, Rule 3.18. Conflicting decisions, review by certiorari, Rule

2.1a(5). Constitutional writs, Rule 4.5g. Constitution, decisions, etc., construing, Rule

2.1a(5). contents,

Assignments of error, Rule 3.5. Briefs, Rule 3.7. Certificate on certified questions, Rule 4.6. Criminal appeals, record, stipulation, Rule 6.7. Notice of appeal, Rule 3.2. Original record-on-appeal, Rule 3.6f. Petitions,

Certiorari, Rule 4.5c. Rehearing, Rule 3.14. Review judgment for costs, Rule 3.16.

Transcript of record-on-appeal, Rule 3.6g. Continuances,

District courts of appeal, Rule 2.2d. Supreme Court, Rule 2.1e.

Correction, record on appeal, Rule 3.61. Criminal appeals, Rule 6.9.

Costs, Certification on certified questions, Rule 4.6. Criminal appeals,

Clerk's costs, Rules 6.9, 6.10. Stenographic report and copies, Rule 6.8.

Habeas corpus proceedings, Rules 2.1b, 2.2b. Payment by original plantiffs, Rule 3.2. Record on appeal, Rule 3.16. Taxation, Rule 3.16.

Certified questions, Rule 4.6. Payment by original plantiff, Rule 3.2.

County courts, Absence, etc., judges, assignments, Rule 2.1a(4). Probate matters, etc., appeals, Rule 4.4.

Courts, Defined, Rule 1.3. Circuit courts, ante.

' District courts of appeal, post. Habeas corpus, authority to issue writ, Rule 4.5f. Power of lower court, Rule 3.8. Supreme court, post. Taxation of costs in lower court, Rule 3.16.

Covers, briefs, Rule 3.7e. Criminal appeals,

Generally, Rules 6.1 to 6.17. Affidavit of bondsmen, form, Rule 7.2c. Application of law, Rule 6.1. Applications,

Bail pending appeal, Rule 6.15. Rehearing, Rule 6.17

Approval, record by lower court, Rule 6.9.

Criminal appeals-Continued Assignments of error, Rule 6.7. Attorney General,

Appeal by defendant, notice, Rule 6.5. Duties, Rule 6.4.

Bail bonds, form, Rule 7 .2c. · Bail pending appeal, Rule 6.15. Bond, form, Rule 7.2c. Briefs, Rule 6.11. Clerk's costs, appeal by,

Defendant, Rule 6.9. State, Rule 6.10.

Corrections in record, Rule 6.9. Costs,

Clerk's costs, Rules 6.9, 6.10. Habeas corpus, proceedings, Rules 2.lb, 2.2b, Stenogr aphic report and copies, Rule 6.8.

Cross assignments of error, Rule 6.7. Service, Rule 6.6. State, Rule 6.4.

Death sentence, Direct appeal to Supreme Court, Rule 2.1a(5). Precedence, Rule 6.14. Review of evidence, Rule 6.16.

Denial or grant of bail pending appeal, review, Rule 6.15.

Directions to clerk, Rule 6.7. Dismissal, failure to prosecute, Rule 6.13. District courts of appeal, Rule 6.1. Evidence, review sufficiency, Ru1e 6.16. Extension of time, filings, Rule 6. 7. Filings, Rule 6.7.

Fee, Rules 2.lb, 2.2b, 6.3, 6.4. Notes of reporter, Rule 6.8. Record on appeal, Rules 6.9, 6.10.

Formalities, exceptions, necessity, Rule 6.7. Habeas corpus, Rules 2.lb, 2.2b. Insolvent defendant, filing fees, effect, Rules 2.1b,

2.2b. Instructions, review, Rule 6.16. Mandamus, issuance by clerk, Rule 2.2b. Method of taking, Rule 6.4. Notice of appeal, Rules 6.3, 6.4.

Bail pending appeal, effect, Rule 6.15. Cross assignments of error, state filing, Rule

6.7. Service on appeal by defendant, Rule 6.5. State, notice to defendant, Rule 6.6. Waiver, Rule 6.4.

Omissions from record, Rule 6.9. Oral arguments, request for, Rule 6.12. Original papers, transmission, Rule 6.9. Precedence of causes, Rule 6.14. Prosecuting attorney,

Duties, Rule 6.4. Service of notice upon,

Defendant's appeal, Rule 6.5. State's appeal, Rule 6.6.

Record on appeal, Preparation, Rule 6.9. Stipulation, Rule 6.7. Transmission,

Appeal by defendant, Ru1e 6.9. Appeal by state, Rule 6.10.

Rehearing, application for, Ru1e 6.17. Reporter's notes, transcribing and filing, Rule 6.8. Scope of review, Rule 6.16. Service, record on appeal, Rules 6.9, 6.10. Stipulation, record on appeal, Rule 6.7. Supreme Court, Rule 6.1. Time,

Defendant, Rule 6.2. Filing briefs, Rule 6.11. State, · Rule 6.3.

Transcription, notes of reporters, Rule 6.8. Transcript of record, Rule 6.9.

3553

INDEX-FLORIDA APPELLATE RULES

Criminal court of record, absence, etc., judges, as­signments, Rule 2.la(4).

Cross assignment;; of error, Criminal appeals, ante. Directions to clerk and reporter, Rule 3.6d. Filing, Rule 3.5.

Curator, supersedeas, appeal from order appointing or removing, Rule 5.3.

Custodian, Buildings and grounds,

District courts of appeals, Rule 2.2c. Supreme Court, Rule 2. ld.

Supreme Court library, Rule 2.lc. Death,

Appellee pending appeal, constructive service, Rule 3.11.

Betore decision rendered, revival of actions, Rule 3.11.

Chief justice of Supreme Court, e!Iect, Rule 2.la(2).

Parties. Rule 3.11. Death sentence. Criminal appeals, ante. Decisions. J U<1 0 m enLs or dec1·ees, g..:ucrally, post. Decrees. Jud&ments or decrees, post. Default jud, ment, ex parte proceeding, Rule 3.11. Definitions. Rule 1.3. Delay, interlocutory appeal, disposition when taken

for, Rule 4.2. Deposit, filmg fee on appeal, Rule 3.2. Designation, parties. Rule 3.11. Determination of appeals, method, Rule 3.3. Direct appeals to ~up1·eme Cour t. H. u.e :ua(5). Disability, justices or judges, assignments to re-

place. Ru .e 2.la(4). Discretion of court,

Oral arguments. Rule 3.10. Supersedeas, appeal of interlocutory orders, Rule

5.1. Dismissal of appeal,

Crimina l appeals, failure to prosecute, Rule 6.13. Interlocutory appeals, Rule 4.2. Motion for , Rule 3.9. Voluntary, Rule 3.13.

Dismissal of causes. Generally, Rule 3.13.

Failure of personal representative to come in as party, Rule 3.11.

Dismissal, parties, Rule 3.11. Disqualification, justices and judges, assignment to

replace, Rule 2. la14) . District courts of appeal,

Generally, Rule 2.2. Adjournments, Rule 2.2e. Administrative officer, Rule 2.2a(2). Appea ls, Rule 2.la(5) .

Filing fees for pleadings, etc., Rule 2.2b. Assignments of Supreme Court justices to, Rule

2.IaC3). Attorneys of record. notica of mandate or judg­

ment to, Rule 2.2b. Books and papers, ante. Buildings and grounds, marshal as custodian,

Rule 2.2c. Certiorari to review decision, Rule 4.5c. Chief judge, Rule 2.2a(2). Clerk, appointment, duties, etc., Rule 2.2b. Compensation,

Clerk, Rule 2.2b. Marshal, Rule 2.2c.

Continuance Of cases, Rule 2.2d. Criminal appeals, Rule 6.1. Defined, Rule 1.3. Docket, J;(enerally, ante. Fees, filing fees for pleadings, etc., on appeal,

Rule 2.2b. Files, custody of clerk, Rule 2.2b. Governing proceedings by, Rule 1.1.

District courts of appeal-Continued Hearin0 S, Rule!' .G • .<:a(l), 2.2e. Holidays, sessions, Rule 2.2e. Internal e,overnmcnt, Ru1e <::.2a. Judges, generally, post. Judgment or order, transmittal to party affected,

Rule 2.2b. Jurisdiction, Rule 2.2a(l, 4), Mandate, issuance by c1erk, Rule 2.2b. Marshal, appointment, duties, etc., Rule 2.2c. l'linutes of proceedings, Rule 2.2b. Motion days, Rule 2.2e. Open sessions, Rule 2.2e. Oral are,ument a ays, Hule 2.2e. Oral argument, time allowed, Rule 3.10. Process,

Execution by marshal, Rule 2.2c. Issuance by clerk, Rule 2.2b.

Prohibition, issuance of writ to, Rule 2.laC5). Recesses, Rule 2.2e. Recordation, mandate, issuance, Rule 2.2b. Record-on-appe;ll, Rule 3.6. Records, custody of clerk, Rule 2.2b. Regular terms, Rule 2.2d. Return of original papers, Rule 2.2b. Seal, custody of clerk, Rule 2.2b. Sessions, Rule 2.2d, e. Term of office, post. Terms of court, Rule 2.2d. Writs, authority to issue on suggestion of, Rule

2.1a(5). Dockets,

Appeals, additional attorneys, Rule 2.3. Duty of clerk to keep,

District Court, Rule 2.2b. Supreme Cour t, Rule 2.lb.

Effective date, Rule 1.4. Elections, legal holiday, Rule 1.3. Endorsement, certificates on certified questions,

Rule 4.6. Entry of appeal, power of lower court after, Rule

3.8. Equ1ty, interlocutory appeals from orders or de­

crees, Rule 4.2. Escambia county, court of record, assignment of

justice or judge, Rule 2.la(4). Evidence,

Cnminal appeals, review sufficiency, Rule 6.16. Oral arguments, restrictions on use, Rule 3.10. Support of motions, Rule 3.9. Transcript of record-on-appeal, Rule 3.6g.

E xceptions, cnminal appeals, formality, necessity, Rule 6.7.

Executors and administrators. supersedeas. appeal from order appointing or removing, Rule 5.3.

Exhibits, Original record-on-appeal, transmittal, Rule 3.6f. Transcript of record-on-appeal, Rule 3.6g.

Extension of time, Filing,

Assignments of error, Rule 3.5. Briefs. Rule 3.7d. Criminal appeals, assignments of error and di-

rections. Rule 6.7. Mandate. issuance, Rule 3.15. Oral arguments, Rule 3.10. Power of lower court after entry of appeal, Rule

3 .8. Rel'ord on appeal, performance of acts relating

to, Rule 3.6j. F.xtraorrlinary or0cee..Jin rrs. Rules 4.1 to 4.7. Extraordinary writs, Rule 4.5. Fees,

Attorneys, motion for fees allowable by law, Rule 3.16.

Filmg fee, post, Transcript on appeal, uncertified, Rule 3.6c.

8554

INDEX-FLORIDA APPELLATE RULES

Files, custody of clerk, District courts of appeal, Rule 2.2b. Supreme Court, Rule 2.1b.

Filing, Application for oral argument, Rule 3.10. Assignments of error, Rule 3.5. Bonet validation proceedings, Rule 4.3. Briefs, Rule 3.7.

Amicus curiae, Rule 3.7k. Certified questions, Rule 4.6. Certiorari proceedings, Rule 4.5c. Criminal appeals, ante. Evidence in support of motions, Rule 3.9. Extension of tlme, ante. Habeas corpus proceedings, Rule 4.5f. Interlocutory appeals, Rule 4.2. Lower court order after entry of appeal, Rule 3.8. Notice of appeal, effect, Rule 3.2. Papers, Rule 3.4. Petition for review of judgment for costs, Rule

3.16. Record on appeal, Rule 3.6i.

Time for, Rule 3.6j. Filing fee,

Certified questions, Rule 4.6. Commencement of appeal by depositing, Rule

3.2. Criminal appeals, Rule 6.3. District court of appeals. Rule 2.2b. Review on appeal, circuit courts, Rule 4.7. Supreme Court, Rule 2.1b.

Final judgment or decree, stay or supersedeas on appeal, Ru ·es 5.2, 5.3.

Foreign attorneys, practice of law, Rule 2.3. Forms,

Affidavit of bondsmen, Rule 7.2c. Approved form:., .H.ules 7.1, 7.2. Bond in criminal appeal, Rule 7.2c. Briefs, Rule 3.7. Certificate of clerk,

Record of appeal, Original papers used, Rule 7.2d. Stipulated statement, Rule 7.2e. f. Transcript used instead of original papers,

Rule 7.2e. Certificate of service, Rule 7.2j. Civil supersedeas bond, Rule 7.2b. Joinder in appeal, Rule 7.2b. Notice of appeal, Rule 7.2a. Petition for writ of certiorari, Rule 7.2i. Record-on-appeal, transmittal of papers, Rule

3.6f. Transcript of record-on-appeal, Rule 3.6g.

General Election Day, legal holiday. Rule 1.3. Good Friday, leg<J.J holiday, Rule 1.3. Guardians ad litem, lower court, parties, effect,

Rule 3.11. Guardian, supersedeas. appeal from order appoint­

ing or removing, Rule 5.3. Gu'lrdi8nship, supersedeas, appeal operating as,

Rule 5.3. Habeas corpus,

Generally, Rule 4.5f. Application for writ, Rule 4.5a. Cost of proceedings, criminal causes, Rules 2.1b,

2.2b. Supreme Court, authority to issue writ, Rule

2.1a(5). Hearing,

Advancement of causes, Rule 3.12. B.,sis of hearing appeals. R.ule 3.3. District courts of appe'lls, Rules 2.2a(l), e. Interlocutory aooeal, Rule 4.2. Motions, Rule 3.9. Review of arbitrary or unreasonable order, Rule

5.10. Supreme Court, Rule 2.1f.

Holidays, Computation of time, Rule 3.18. District courts of appeals, sessions, Rule 2.2e. Legal holiday, defined, Rule 1.3. Supreme Court, sessions, Rule 2.1 f.

Hours, Supreme Court library, Rule 2.1c. Incompetents, appeals from final orders or decrees,

Rule 4.4. Index,

Briefs, Rule 3.7f. Record-on-appeal, Rule 3.6f.

Service of copy, Rule 3.6i. Transcript of record-on-appeal, Rule 3.6g.

Industrial commission, Record on appeal from compensation orders,

Rule 4.1. Supersedeas or stay of order, Rule 5.4.

Informations, nature of quo warranto, institutions, Rule 4.5e.

Insane persons. estates, appeals from final orders or decrees, Rule 4.4.

Insolvent defendant, filing fees on appeal, District court of appeals, Rule 2.2b. Supreme Court, Rule 2.1 b.

Instructions. Certified questions for, Rule 4.6. Criminal appeals, review, Rule 6.16.

Interlocutory appeals, Generally, Rule 4.2.

Supersedeas, discretionary, Rule 5.1. Interlocutory orders or decrees, review, Rule

2.1a(5). Involuntary substitution. partie<;, Rule 3.11. Joinder in appeal, form, Rule 7.2b. Jomaer of is..;ue, habeas corpus proceedings, Rule

4.5f Joinder, parties in appeal, Rule 3.11. Judges,

Absence. disqualification, etc., assignments, Rule 2.Ia<4).

Absence, notice to chief judge, Rule 2.2a(2). P ssignments. Rules 2.1 'l (3. 4). 2.2a(3).

Cases, chief judge, duty, Rule 2.2a(2). Chief judge, election. Rule 2.2a<2) . Clerks and secretaries, practice of law prohibi­

ted. Ru ·P z.3. Compensation.

Armed forces or state militia services, etc., Rule 2.la(6).

Retired judge assigned to judicial service, Rule 2.1a(3).

Concurrence necessary to decision, Rule 2.2a(l). Devotion of full time to duties. Rule 2.Ja(6). Habeas corpus, authority to issue, Rule 4.5f. Political o<>~ties, holding office in, prohibited,

Rule 2.1a(6). Practice of law prohibited, Rule 2.1a(6). Removal of books, etc., from courtroom or

clerk's office, Rule 2.2b. Retirement, assignment to judicial service, Rule

2.1a(3). Judgments or decrees,

Appeals to Supreme Court, Rule 2.1a(5). Asshmment of cases to judges for preparation,

Rule 2.2a(2). Bonds.

Other than for money, Rule 5.9. Recovery of money not secured. Rule 5.7. Recovery of money secured. Rule 5.8. Validation proceedings, Rule 4.3.

CC'sts. judgment for, review by petition, Rule 3.16.

Fin<Jl money judgment or decree, stay on appeal, Rules 5.2. 5.3.

Interlocutory, appeals, Rule 4.2. Mandate, necessity to rendition, Rule 1.3.

3555

INDEX-FLORIDA APPELLATE IWLES

Judgments or decrees-Continued Motion to affirm1 Rule 3.9. - -, · Ne~ triql; mp~io~ or petition for, effect on rendi-

tion, Rule 1.3. · Probate matters, Rule 4.4. Rendition, defined, Rule 1.3.

... Reve~sal, ·.mandate, Rule 3.15. ·· S'tattites, determiliih~f validity, Rule 2.1a(5).

Stay on appeal from final money judgment or decree, Rules 5.2, 5.3.

Supersedeas on app~al, generally, post. Supreme Court, 1Rule 2.lb.

Transmitt.al. to party affected, District courts of · appeal, Rule 2.2b.

July Fourth, legal holiday, Rule 1.3. Jurisdiction, · · · · ·

Circuit courts, Rule 4.7. . ,,District courts of appeal, Ru~e 2.2a(l, 4).

" Interlocutory appeals from orders, etc., relating . to, Rule 4.2.

Supreme Court, Rule 2.1a(l, 5). Justices of the peace, absence, etc., assignments on,

Rule 2.la(4). . · Justices of Supreme Court,

Absence, disqualification, etc., assignments, Rule 2.1a(4). - . ·

Absences, noti6e and reasons to chief justice, Rule 2.1a(2)'. · ·

Assignments, Rule 2.1a(3, -4). Books, rel?Pval-from library, Rule 2.lc.

. Chief justice, Rule 2.1a(2). . · Administrative powers, Rule 2.1a(3). Clerks and secretaries, practice of law prohib-

ited, Rule 2.3, - . -Compensation, ·

Armed forces or state militia service, etc., Rule 2.la(6). , , -

Retired justice assigned to judicial service, , Rul~ 2.la(3). . Concurrence, requisite number for decision, Rule

2.la(l).. . Death of chief justice, effect, Rule 2.1a(2). Devotion of full time to duties, Rule 2.1a(6). Habeas corpus, authority to issue writ, Rule , 2.1a(5). . , Political patties, holding office in, prohibited,

Rule 2.la(6). ;E'J;actice of ~aw prohibited, Rule 2.1a(6). Quorum, Rule 2.la:(l). Remo'fal of books, e~c., from courtroom or clerk's

office, Rule 2.1d. . Retirement, assignment to judicial service, Rule · ;ua(3).

Juvenile courts, absence, etc., of judge, assign-. ments on, Rule 2.1a(4).

Labor Day, legal holiday, Rule 1.3. Legal hoUday:, defined,, Rule 1.3. Legislature, Supreme Court library, used by mem-

bets, Rule 2.lc. · Length, briefs, Rule 3.7e. Lettering, briefs, type and spacing, Rule 3.7e. Librarian, Supreme Court, Rule 2.1c. Limitations, certified questions, Rule 4.6. ~ocal attorneys, practice of law, Rule 2.3. Lower court, defined, Rule 1.3. Mail, service upon attorney by, Rule 3.4. Mandamus, .

Generally, .Rule 4.5b. Application for writ, Rule 4.5a_, . Supreme Court, authority to issue writ, -Rule

2.1a(5). Mandate, ·

Bond validation pr<;>ceedings, issuance, Rule 4,3. -' Issuance by cl@rk, · · ·· ·· · ·

District courts of appeal, Rule 2.2b. Supreme Court, Rule 2.1b.

Time for is~uance, ; ;Rule 3.~5._

Marshal, appointment, duties, etc., District courts of ·appeal, Rule 2.2c: Supreme Col.rrt, Rule. 2.ld.

Nl!emorial Day, legal holiday, Rule 1.3. Minors, :estates, · ... , : · .

Appeals from final orders or decrees, Rule 4.4 . . Supersedeas,, appeal operatmg as, Rtile 5.3; ·-

Minutes of proceedings, duty of Clerk, , 1_

District courts of appe~l. Rule 2_.2b. Supreme Court, Rule 2.1b.

Motion days, · District courts· of appeal, Rule 2.2e. Suprei!Jle ,Court, Rule 2.lf.

Motions;· -Generally, Rule 3.9.

Amicus curiae, filfug brief, Rule 3. 7k. Attorney's fees allowable by law for services, · Rule 3.16.

Certified questions; Rule 4.6. · : ~ircuit _court, m9difying :or . dispensing :o/ith pro­

cedure on rev1ew, Rule 4.7. Dismiss appeal, Rule 3.6k. New trial, rendition of judgment or decree, ef-

fect, Rule 1.3. · · Quash appeal, grounds, Rule 3.9. Transfer of cause to court having . jurisdiction, · Rule 2.la(5). ·

Withdrawal by attorney, Rule 2.3. -Nature of proceedings, Rule 3.1. New trial, ,motion or petition for, effect, Rule 1.3. New Year's Day; 'legal holiday, Rule 1.3. Nottce of appeal, .

Circuit courts, Rule 4.7. Comrq_encement of appeal by filing, Rule1 3.2. Contenfs, Rule 3.2. · Criminal appeals, ante. District courts of appeal, filing fees, Rule 2.2b. Form, Rule 7 .2a. Interlocutory appeals, Rtile 4.2. 1

Supreme Court, filing fees, Rule 2.1d. , Transfer of cause to court \ having jurisdiction,

Rule 2.1a(5). Notices,

Absenqe, · Judges from district court of appeals, Rule

2.2a(2). · , - , · - ') Justices from Supreme Court, Rule 2.1a(2). ,

Application for constitutional writs, Rule 4.5g. • Application for writ, Rule 4.5a. Attor~ey·General, . issuance of writ of habeas cqr-

pus, Rule 4,.5f. . , _ . . J

Attorney of record, effect, Rule 2.3. 1 •

Motion -to transfer cause-to ·court having jurisdic-tion, Rule 2.1a(5). _ ·

Settlement of causes, Rule 3.13. ., Transfer of cause to .court having. jurisdiction,. · R~le· 2.la(5). ·· · · · · Voluntary dismissaL of appeals, .. Rule 3.13. -

Objections, power of lower .court after _entry of ap~ peal, Rule 3.8. . " , "

Office, Clerk, -. ·"' District court of appeals, Rule 2.2b. Supreme Court, Rule 2.1 b. ·· ,, · .. -·

Office or position of profit; holding by justices or -judges. prohibited, Rule 2.18.(6). ·

OffiCers, · · ·· ·'- · .. · ,. . Mandam~s. and q\1-o ,warranto, ' purpose of issu-

ance; Rule 2.la(5). . . > '' - -

Review by certiorari decision affecting, Rule 2.1a(5). ,. · <· , •·. "' •• , •• , .... .., ., -- • • - -

Supreme Court -library;.-use, .Rule 2.1c. · Omissiotts,. record on appeal,."

Correction, Rule 3.6Z. ; r . Criminal appeals, 'Rule 6.9. · !' • ,.

.. •·

Qpelil sessions, ' . . --- ,. . . .. · . ,. - District courts O'f appeal, Rule 2.2e. ' i':

Supreme Court, Rule -~·~f.J:t!~) , . :; -::~-.~ ,.,.,~~.:::

3~5q. ~ )·l· ..• ~:

INDEX-FLORIDA APPELLATE RULES

Oral arguments, Generally, Rule 3.10.

Application for extraordinary writs, Rule 4.5a. Certified questions, Rule 4.6. Certiorari proceedings, Rule 4.5c. Criminal appeals, requests for, Rule 6.12. Days, district courts of appeal, Rule 2.2e. Dispensing with or requiring by court, Rule 3.10. Duty of attorneys, Rule 3.10. Motions, support or opposition, Rule 3.9. Participation by attorneys, Rule 3.10. Petition for rehearing, disallowance, Rule 3.14. Time allowed, Rule 3.10.

Order, substitution of parties, publication, Rule 3.11.

Orders. Judgments or decrees, generally, ante. Original record-on-appeal, Rule 3.6f. Papers. Books and papers, ante. Parties,

Generally, Rule 3.11. Adverse parties, ante. Attorneys in lower court, Rule 3.11. Consent, filing brief amicus curiae, Rule 3.7k. Death, Rule 3.11. Dismissal, Rule 3.11. Guardians ad litem in lower court, Rule 3.11. Joinder, Rule 3.11. Record on appeal, 1,1se, Rule 3.6i. Service upon, .

Method, Rule 3.4. Motions, Rule 3.9. Petition for rehearing, Rule 3.14.

Substitution, Rule 3.11. Penalties, violations, Rule 3.17. Personal representative, substitution as party, Rule

3.11. Personal service upon attorney, Rule 3.4. Petitions,

Appeal, filing fees, District courts of appeal, Rule 2.2b. Supreme Court, Rule 2.1d.

Certiorari, Rule 4.5c. Form, Rule 7 .2i.

Constitutional writs, Rule 4.5g. Mandamus, application for writ, Rule 4.5b. New trial, rendition of judgment or decree, ef-

fect, Rule 1.3. Number for rehearing, Rule 3.14. Prohibition, Rule 4.5d. Quo warranto proceedings, Rule 4.5e. Rehearings, Rule 3.14.

Bond validation proceedings, Rule 4.3. Review of judgment for costs, Rule 3.16. Withdrawal by attorney, Rule 2.3.

Pleadings, Appeal, filing fees,

District court of appeals, filing fees, Rule 2.2b. Supreme Court, Rule 2.1d.

Habeas corpus proceedings, Rule 4.5f. Interlocutory appeals, Rule 4.2. Mandamus proceedings, Rule 4.5b. Petition for rehearing, Rule 3.14. Quo warranto proceedings, Rule 4.5e. Transcript of record-on-appeal, Rule 3.6g.

Political parties, justices or judges, holding office in, prohibited, Rule 2.1a(6).

Practice of law, Attorneys, Rule 2.3. Clerk,

District court of appeals, Rule 2.2b. Supreme Court, Rule 2.1b.

Clerks and secretaries to justices or judges, Rule 2.3.

Foreign attorneys, Rule 2.3. Justices or judges, Rule 2.1a(6). Local attorneys, Rule 2.3.

Precedence, appeals in criminal causes, Rule 6.14.

Preface, Record-on-appeal, Rule 3.6f.

Transcript, Rule 3.6g. Preference, appeals in criminal causes, Rule 6.14. Preliminary hearings, certified copies of original

papers, record on appeal, Rule 3.6k. Printing, briefs, Rule 3.7e. Probate,

Appeals from final orders or decrees of county court, Rule 4.4.

Supersedeas, appeal operating as, Rule 5.3. Proceedings, generally, Rule 3.1 to 3.18. Process,

District courts of appeal, Issuance by clerk, Rule 2.2b. Marshal, execution by, Rule 2.2c.

Supreme Court, Issuance by clerk, Rule 2.1b. Marshal, execution by, Rule 2.1d.

Pro confesso, decree against party, ex parte pro­ceeding, Rule 3.11.

Prohibition, Generally, Rule 4.5d.

Application for writ, Rule 4.5a. Proof, service,

Copy of petition for rehearing, Rule 3.14. Papers, Rule 3.4. Petition to review judgment for costs, Rule 3.16.

Prosecuting attorneys. Criminal appeals, ante. Publication, order, substitution of parties, Rule

3.11. Quashal of appeal,

Certified copies of original papers of record, use, Rule 3.6k.

Motion for, Rule 3.9. Questions of fact, applications for extraordinary

writ raising, Rule 4.5a. Questions of law, certified questions, Rule 4.6. Quo warranto,

Generally, Rule 4.5e. Application for writ, Rule 4.5a. Persons who may institute proceedings, Rule

4.5e. Rules governing, Rule 4.5e. Supreme Court, authority to issue writ, Rule

2.1a(5). Recess,

District courts of appeal, Rule 2.2e. Supreme Court, Rule 2.1f.

Recordation, District courts of appeal, mandate, issuance, Rule

2.2b. Notice of appeal, Rule 3.2. Paper deemed recorded, Rule 1.3. Supreme Court, mandate issued by, Rule 2.1b.

Record on appeal, Generally, Rule 3.6.

Acts relating to, time for performance, Rule 3.6j. Appellant, preparation, Rule 3.6c. Appendix, contents, Rule 3.7f, g. Certificates, Rule 3.6n. Certified copies, preliminary hearings, Rule 3.6k. Clerks of court, directions, Rule 3.6d.

Time for, Rule 3.6j. Completion, Rule 3.6j, l. Contents of original record, Rule 3.6f. Copies, service and use, Rule 3.6i. Correction, Rule 3.61. Costs, Rule 3.16. Criminal appeals, ante. Directions to clerk, Rule 3.6d.

Time for, Rule 3.6j. Duty to prepare, Rule 3.6b. Filing, Rule 3.6i. Forms,

Certificate of clerk, Original papers used, Rule 7.2d.

3557

INDEX-FLORIDA APPELLATE RULES

Record on appeal-Continued Forms-Continued

Certificate of clerk-Continued Stipulated statement, Rule 7.2f. Transcript used instead of original papers,

Rule 7.2e. Certificate of reporter, Rule 7.2g. Transmittal of cases, Rule 3.6f.

Index, Rule 3.6f. Industrial commission, review from compensa-

tion orders, Rule 4.1. Interlocutory appeals, Rule 4.2. Items constituting, Rule 3.6a. Jurisdictional or fundamental error, notice by

court, Rule 3. 7i. Omissions, Rule 3.61. Original record, Rule 3.6f. Preface, Rule 3.6f. Preliminary hearing, record for, Rule 3.6k. Preparation, Rule 3.6b, c. Reference, settlement of conflicts, Rule 3.3. Reporters,

Designations to, time for, Rule 3.6j. Directions to, Rule 3.6d. Transcribed notes, Rule 3.6e.

Certificate of reporter, form, Rule 7.2g. Service of copy, Rule 3.6i, j. Time for transcription, certification and fil­

ing, Rule 3.6j. Return of original papers to lower court, Rule

3.6m. Stipulated statements, Rule 3.6h.

Certificate of clerk, form, Rule 7 .2f. Time, performance of acts relating to, Rule 3.6j. Transcript of record, post. Transmittal of original record, Rule 3.6f.

Records, District courts of appeal, Rule 2.2b. Supreme Court, Rule 2.1b.

Reference, record-on-appeal, settlement of mate­rial conflicts, Rule 3.3.

Rehearings, Generally, Rule 3.14.

Criminal appeals, application for, Rule 6.17. Petition, ·

Bond validation proceedings, Rule 4.3. Extension of time for issuance of mandate,

Rule 3.15. Rendition, defined, Rule 1.3. Reply,

Adverse party, petition to review judgment for costs, Rule 3.16.

Opposing petition for rehearing, Rule 3.14. Reply brief. Briefs, ante. Reporters,

Criminal appeals, transcription and filing of notes, Rule 6.8.

Record on appeal, ante. Respondents. Briefs, ante. Retirement,

Assignment of retired judges or justices to judi­cial service, Rule 2.1a(3).

Chief justice of Supreme Court, Rule 2.1a(2). Return, original papers of record on appeal to low­

er court, Rule 3.6m. Review,

Administrative boards and agencies, Rule 4.1. Circuit courts, Rule 4.7. Denial or grant of bail pending criminal appeal,

Rule 6.15. Judgment for costs, Rule 3.16.

Revival of action, grounds, Rule 3.11. Rulings, administrative boards and agencies, re­

view, Rule 4.1. "Saturdays, computation of time, Rule 3.18. :Schedule, tune, .performance of acts relating to rec­

ord on appeal, ·Rule 3.6j .

Seal, Certified questions, Rule 4.6. District courts of appeal, Rule 2.2b. Supreme Court. Rule 2.1b.

Secretaries, justices or jud_ges, practice of law, Rule 2.3.

Service, Affidavits or evidence in support of motions,

Rule 3.9. Application for oral argument, Rule 3.10. Briefs, ante. Certificate, form, Rule 7.2j. Certiorari proceedings, petition, transcript and

briefs, Rule 4.5c. Constructive service, death pending appeal, Rule

3.11. Copies,

Records on appeal, Rule 3.6i. Reporter's transcribed notes on appeal, Rule

3.6i. Criminal appeals, record, Rules 6.9, 6.10. Habeas corpus proceedings, Rule 4.5f. Methods of making, Rule 3.4. Motions, Rule 3.9. Papers, Rule 3.4. Petitions,

Rehearing, Rule 3.14. Review judgment for costs, Rule 3.16.

Prohibition proceedings, Rule 4.5d. Transcript of record on appeal, time for, Rule

3.6j. Sessions,

District courts of appeal, Rule 2.2d, e. Supreme Court, Rule 2.1f.

Settlement, Dismissal of causes upon, Rule 3.13. Record on appeal, material conflicts, Rule 3.3.

Sheriffs, authority to deputize, District courts of appeal marshal, Rule 2.2c. Supreme Court marshal, Rule 2.1d.

Show cause, Alternative writ of mandamus, Rule 4.5b. Prohibition proceedings, Rule 4.5d.

Sickness, justices or judges, assignments to replace, Rule 2.1a(4).

Small claims court, absence, etc., judges, assign-ments, Rule 2.1a(4).

Special proceedings, Rules 4.1 to 4.7. Special sessions, district courts of appeal, Rule 2.2d. State,

Criminal appeals, time for, Rule 6.3. Real party in interest on appeal, filing fees, Rules

2.1b, 2.2b. State-wide primary election day, legal holiday,

Rule 1.3. Statement of case, briefs, contents, Rule 3.7f, g. Statement of facts, certified questions, Rule 4.6. Statutes,

Appeals, judgment or decree determining valid­ity, Rule 2.1a(5).

Conflicting rules and statutes, superseding, Rule 1.4.

Stay of proceedings, Rules 5.1 to 5.11. Certified copies of original papers of record, use,

Rule 3.6k. Motion, filing, effect, Rule 3.9.

Stipulated statements, Record-on-appeal, Rule 3.6h.

Certificate of clerk, form, Rule 7.2f. Stipulation,

Certificate on certified questions, Rule 4.6. Criminal appeals, record on appeal, Rule 6.7. Dismissal of causes, Rule 3.13.

Striking, petition for rehearing, grounds, Rule 3.14. Style, briefs, Rule 3.7e. Substitution, parties, Rule 3.11. Sundays, computation of time, Rule 3.18. Supersedeas on appeal,

Generally, Rules 5.1 to 5.11. 3558

INDEX-FLORIDA APPELLATE RULES

Supersedeas on appeal-Continued Arbitrary or unreasonable order, review, Rule

5.10. Bonds, Rules 5.1 to 5.11.

Civil supersedeas bond, Rule 7.2h. Discretion of court, interlocutory orders, Rule 5.1. Estates of infants, cases involving, Rule 5.3. Final judgments or decrees, money judgment,

Rules 5.2, 5.3. Good and sufficient bond, defined, Rule 5.6. Guardianship proceedings, Rule 5.3. Industrial commission order, Rule 5.4. Probate proceedings, Rule 5.3. Surety, judgment against, Rule 5.11.

Supreme Court, Generally, Rule 2.1.

Adjournments, Rule 2.1f. Administrative officer, Rule 2.1a(2). Advisory committee on rules, creation, duties,

etc., Rule 2.1g. Appeals, Rule 2.1a(5).

Filing fees for pleadings, etc., Rule 2.1b. Assignment of judges to, Rule 2.la(3, 4). Attorneys of record, notice of mandate or judg­

ment to, Rule 2.1b. Books and papers, ante. Buildings and grounds, marshal as custodian,

Rule 2.1d. Certiorari, review by, Rule 2.la(5).

Decision of district court, petition for, Rule 4.5c.

Chief justice, Rule 2.1a(2). Clerk, appointment, duties, etc., of clerk, Rule

2.1b. Compensation,

Clerk, Rule 2.lb. Marshal, Rule 2.1d.

Continuance of cases, Rule 2.1e. Criminal appeals, Rule 6.1. Defined, Rule 1.3. Docket, generally, ante. Fees, filing fees for pleadings, etc., on appeal,

Rule 2.1b. Files, custody of clerk, Rule 2.1b. Governing proceedings by, Rule 1.1. Habeas corpus, authority to issue writ, Rule

2.la(5). Hearings, Rule 2.1f. Holidays, sessions, Rule 2.1f. Interlocutory appeals, Rule 2.1a(5). Internal government, Rule 2.1a. Judgment, transmittal to party affected, Rule

2.lb. Jurisdiction, Rule 2.1a(l, 5). Justices of Supreme Court, ante. Librarian, Rule 2.1c. Mandamus, authority to issue writ, Rule 2.la(5). Mandate, issuance by clerk, Rule 2.1b. Marshal, appointment, duties, etc., Rule 2.1d. Minutes of proceedings, Rule 2.lb. Motion days, Rule 2.1f. Open sessions, Rule 2.1f. Oral arguments, time allowed, Rule 3.10. Process,

Execution by marshal, Rule 2.1d. Issuance by clerk, Rule 2.1b.

Prohibition, authority to issue writ, Rule 2.1a(5). Quo warranto, authority to issue writ, Rule

2.1a(5). Recesses, Rule 2.1f. Recordation, mandate, issuance, Rule 2.lb. Record-on-appeal, Rule 3.6. Records, custody of clerk, Rule 2.1b. Regular terms, Rule 2.1e. Return of original papers, Rule 2.1b. Seal, custody of clerk, Rule 2.1b. Sessions, Rule 2.1f. Term of office, post.

Supreme Court-Continued Terms of court, Rule 2.1e. Writs, authority to issue, Rule 2.1a(5).

Taxation. Costs, ante. Term of office,

District court of appeal, Chief judge, Rule 2.2a(2). Clerk, Rule 2.2b. Marshal, Rule 2.2c.

Supreme Court, Chief justice of Supreme Court, Rule 2.1a(2). Clerk, Rule 2.ld. Marshal, Rule 2.1d.

Terms of court, District courts of appeal, Rule 2.2d. Supreme Court, Rule 2.1e.

Thanksgiving Day, legal holiday, Rule 1.3. Time,

Appeals, Rule 3.2. Assignments of error, filing, Rules 3.5, 3.6d, 4.2. Bond validation proceedings, appeals, Rule 4.3. Briefs, service, Rule 3.7a, b, c. Computation, Rule 3.18. Criminal appeals, ante. Effective date, Rule 1.4. Extension of time, ante. Interlocutory appeals, Rule 4.2. Lower court order after entry of appeal, filing,

Rule 3.8. Mandate, issuance, Rule 3.15. Motions, Rule 3.9.

Consent to file brief amicus curire, Rule 3.7k. Oral arguments, allowance, Rule 3.10. Petition, review of judgment for costs, Rule 3.16. Record on appeal, performance of acts relating

to, Rule 3.6j. Rehearings, Rule 3.14. Reply to petition for rehearing, filing, Rule 3.14.

Titles, briefs, Rule 3.7e. Transcript, record on appeal, Rule 3.6a.

Bond validation proceedings, Rule 4.3. Certiorari proceedings, Rule 4.5c. Criminal appeals, Rule 6.9.

Notes of reporter, Rules 3.6e, 6.8. Service of copy, Rule 3.6i. Use, Rule 3.6g.

Transfer of causes, court having jurisdiction, Rule 2.la(5).

Transmittal, Original record-on-appeal, Rule 3.6f. Stipulated statement on appeal, Rule 3.6h.

Treaties, appeals, decisions determining validity, Rule 2.la(5).

Trial courts, Appeals from, Rule 2.la(5). Prohibition, Rule 2.la(5).

Typewriting, briefs, Rule 3.7e. Vacancy in office,

Chief judge, district court of appeals, Rule 2.2a(2).

Chief justice of Supreme Court, Rule 2.1a(2). Validation proceedings, bonds, appeals, Rule 4.3. Venue, interlocutory appeals from orders, etc., Rule

4.2. Voluntary,

Dismissal of appeals, Rule 3.13. Substitution, parties, Rule 3.11.

Withdrawal of attorney, Rule 2.3. Witnesses, record-on-appeal, Rule 3.6f. Workmen's compensation,

Record on appeal from orders, Rule 4.1. Supersedeas or stay of industrial commission or­

der, Rule 5.4. Writs,

Authority of Supreme Court to issue, Rule 2.1a(5).

Extraordinary writs, Rule 4.5. Notice of application, Rule 4.5a.

3559

INTEGRATION RULE OF

THE FLORIDA BAR (As Adopted on December 6, 1955)

Pursuant to the inherent powers of the Su­preme Court of Florida, the Integration Rule of The Florida Bar is hereby amended to read as follows:

PREAMBLE To inculcate in its members the principles

of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence, the following principles are expressly adopted by this Court:

(a) The Florida Bar, a body created by and existing under the authority of this Court, is charged with the maintenance of the highest standards and obligations of the profession of law, and to that end is vested by this Court, in the exercise of its inherent powers over The Florida Bar as an official arm of this Court, with the necessary powers and authority.

(b) Attorneys admitted to practice law in Florida are a part of the judicial system of Florida and officers of its courts.

(c) Persons of integrity and good character <>nly shall be permitted to practice law in Flor­ida.

(d) This Court has the inherent power and duty to prescribe the qualifications that shall be required for admission to practice law, to admit suitable persons to practice law, to pre­scribe standards of conduct for lawyers, to determine what constitutes grounds for the discipline of lawyers, to discipline for cause .attorneys admitted to practice law in Florida, .and to revoke the license of every lawyer whose unfitness to practice Ia whas been duly estab­lished.

(e) All of the members of The Florida Bar have taken an oath to support the Cons~itution and the laws of this state and of the United States. As officers of the court, they are eharged with obedience to these laws, both in and out of court, and with the duty to observe the high standards of the profession. A license to practice law is a proclamation by this Court that the holder is one to whom the public may entrust professional matters. The lawyer must be true to that trust and to his professional relationship to his client, whether such client be a public body or a private individual.

ARTICLE I Name

The name of the body created by this Rule Bhall be THE FLORIDA BAR.

ARTICLE II · Membership

1. All persons licensed to practice law in

this state shall be active members of The Florida Bar immediately upon issuance of license to practice by this Court.

2. No person shall engage in any way in the practice of law in this state unless such person is an active member of The Florida Bar in good standing except that a practicing attorney of another state, in good standing, who has professional business in a court of record of this state may, upon motion, be per­mitted to practice for the purpose of such busi­ness only, when it is made to appear that he has associated and appearing with him in such business an active member of The Florida Bar.

3. A member of The Florida Bar in good standing may, upon petition to and with the approval of the Board of Governors, resign from The Florida Bar and, thereupon, unless again admitted, shall not practice law in this state. A member who has resigned may be admitted again upon full compliance with the rules and regulations governing admissions to the Bar.

4. Any member of The Florida Bar who shall have attained the age of 65 years, or who shall have practiced law in the State of Florida for 35 years, or who shall be physically dis­abled to the extent that he cannot engage in the practice of law, may retire from The Florida Bar upon petition to and approval by the Board of Governors. A retired member of The Florida Bar shall not be privileged to practice law or be required to pay dues. A retired member may be reinstated to active membership upon application to and approval by the Board of Governors.

5. A lawyer who has been adjudged insane or mentally incompetent shall be suspended from the practice of law. If an order of resto­ration is entered by a court having jurisdiction, he may apply to the Board of Governors for reinstatement on the roll of attorneys.

6. It shall be the duty of each member of The Florida Bar immediately to advise the Executive Director of any change of mailing address or military status.

ARTICLE III Board of Governors

1. The Board of Governors shall be the governing body of The Florida Bar. The Board shall consist of the President of The Florida Bar, the President-elect, the President of the Junior Bar Section, and representatives elected from the active members of The Florida Bar in each judicial circuit, on the basis of one mem­ber for each circuit having 300 active members of The Florida Bar, or fraction thereof. and

3560

INTEGRATION RULE, THE FLORIDA BAR

in circuits having more than 300 active mem­bers, one for each 300 active members or frac­tion thereof; with a limit of not more than 3 representatives for any one judicial circuit.

2. The members of the Board of Governors from each judicial circuit shall be nominated and elected by the active members of The Florida Bar residing in such judicial circuit. Each elected member shall hold office for two years and until his successor is elected and qualified. Elections in odd numbered circuits shall be held in odd numbered years, and elec­tions in even numbered circuits shall be held in even numbered years. The By-Laws shall provide for all nominations and elections of members of the Board of Governors. Newly elected members shall take office at the con­clusion of the annual meeting of The Florida Bar following election to office. Any vacancy on the Board of Governors arising in the office of representative from a judicial circuit shall be filled by vote of the remaining members of the Board for the unexpired term, from the active membership of such circuit.

3. The Board of Governors shall have the power and the duty fully to administer this Rule, including the power to employ necessary personnel, and to publish The Florida Bar Journal, which shall be the officia l publication of The Florida Bar. The Board of Governors shall adopt, amend or rescind the By-Laws in the manner provided in this Rule, and it sha ll adopt a common seal.

ARTICLE IV Officers

1. The officers of The Florida Bar shall be a President, a President-elect, and an Execu­tive Director.

2. A President-elect shall be elected e1.-:h year in the manner prescribed by the By-Laws, and shall take office as President-elect for the following year at the conclusion of the annual meeting following election to office. The Presi­dent-elect shall take office as President at the conclusion of the annual meeting following his term as President-elect.

3. In the event the President is absent or' unable to act, his duties shall be performed by the President-elect; and in the event of the death or resignation of the President, the President-elect shall serve as President during the remainder of the term of the office thus vacated, and then shall serve as President for the term for which he was elected. In the event of the death or disability of both the President and the President-elect, the Board of Governors shall elect an Acting President of The Florida Bar to hold office until the next succeeding annual meeting.

4. No active member of The Florida Bar shall be ineligible for election to the office of President or President-elect by reason of the fact that as a representative or representative­elect from a judicial circuit he is a member or member-elect of the Board of Governors; but

anyone elected to the office of President or President-elect shall be entitled to cast only one vote on matters of business coming before the Board for consideration.

5. The Executive Director shall be chosen annually by the Board of Governors. He shall perform the duties of and serve as the Treas­surer, and shall perform such other executive, editorial and administrative duties as may be assigned to him by the Integration Rule, the By-Laws, and by the Board of Governors. He shall furnish bond as directed by the Board of Governors.

ARTICLE V Sections and Committees

1. There shall be a section of The Florida Bar composed of all active members under the age of thirty-six, to be known as the Junior Bar Section, with such powers and duties as shall be prescribed by the Board of Governors of The Florida Bar.

2. The Board of Governors may create such additional sections as it may consider desirable, and shall prescribe the powers and duties of such sections.

3. Regulations adopted by any section shall be subject to the approval of the Board of Governors of The Florida Bar.

4. The Board of Governors may create such standing committees as it may deem desirabie.

5. The powers and duties of all standing committees shall be prescribed by the By-Laws. The Board of Governors may in its discretion provide that members of such committees shall serve for staggered terms.

6. The President, with the approval of the Board of Governors, shall appoint the standing committees as specified in the By-Laws, includ­ing an Executive Committee composed of the President and not less than three nor more than five other members of the Board, and such special committees as he may deem de­sirable.

7. The Executive Committee shall have the power to act upon such matters as may arise and require disposition between meetings of the Board of Governors. Actions taken by the Executive Committee shall be in harmony with the policies as established by the Board, and shall be subject to confirmation by the Board.

ARTICLE VI Meetings

1. An annual meeting of The Florida Bar shall be held each year not later than July 1st at such time and place as may be designated by the Board of Governors. At or prior to the annual meeting, there shall be made or pub­lished an address by the President on the state of The Florida Bar, reports of the proceedings of the Board of Governors since the last annual meeting, reports of officers, sections and com­mittees, and recommendations submitted in con­nection with these reports.

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INTEGRATION RULE, THE FLORIDA BAR

2. Special meetings of The Florida Bar may be held at such times and places as may be determined by the Board of Governors. The Executive Director shall call a special meeting of The Florida Bar upon petition signed by not less than twenty percent of the active mem­bers, and such special meeting shall be called within 30 days after the petition is filed with the Executive Director. The business to be transacted at special meetings shall be as is specified in the call, which shall include the business set forth in the petition and such other matters as may be specified by the Board of Governors.

3. At least twenty days' notice of all meet­ings of The Florida Bar shall be given to the membership.

ARTICLE VII By-Laws

By-Laws, not inconsistent with this Rule, may be adopted, amended, altered or repealed by the Board of Governors or by the active mem­bers of The Florida Bar at a regular or special meeting. All such by-laws, amendments, alter­ations, or repeals shall be promptly published in The Florida Bar Journal. The action of the members of The Florida Bar, or the Board of Governors, in this respect, may be the subject of a petition for review to be filed in this Court within thirty days after such publication. The petition shall be signed by at least twenty-five active members of The Florida Bar. This Court may consider the petition for review in such manner as it deems proper and may approve, modify or disapprove the action under review.

ARTICLE VIII

Dues 1. On or before January 1st of each year

every active member of The Florida Bar shall pay annual dues to The Florida Bar in such an amount as shall be set at an annual meet­ing, and shall also file with the Executive Di­rector a statement setting forth his business and residential addresses and any other in­formation that may be required by the Board of Governors, provided that at no annual meet­ing shall the dues be fixed at more than $25.00 per annum.

2. When any member is in arrears in the payment of dues for one month, the Executive Director shall send written notice by registered or certified mail to such member at his last busi· ness address. Within ninety days after the­posting of the notice, such member may pay his dues in full, together with a delinquency charge of Five Dollars. Upon failure to make these payments within the ninety-day period, he shall become a delinquent member, entitled to none of the privileges of membership in The Florida Bar, and shall not practice law in this state. He may thereafter reinstate his membership upon petition to and approval by the Board of Governors and the payment of

all fees and charges owing by him, including a reinstatement fee of Ten Dollars.

3. Dues shall not be payable until January 1st next following date of admission to The Florida Bar.

4. The Executive Director shall furnish the County Judges and the Clerks of all Courts of Record in each county a list of all active members in good standing in their respective counties and shall furnish corrections and additions to such list as occasion may require. A list of all active members in good standing in the state, and corrections and additions, shall likewise be filed with the Clerk of the Supreme Court.

5. The annual dues of The Florida Bar shall not include the dues of local or regional vol­untary bar associations, and shall not be shared with such associations. The Florida Bar may, however, as it sees fit, cooperate with and en­courage local or regional voluntary bar asso­ciations.

ARTICLE IX

Disbursements 1. In accordance with appropriations ap­

proved by the Board of Governors, the Execu­tive Director only, in his capacity as Treasurer, shall make such disbursements as are required to pay the necessary obligations and expenses of The Florida Bar, its officers and committees. The Board of Governors shall cause proper books of account to be kept, and shall have an annual audit made by a certified public ac­countant. At each annual meeting of The Flor­ida Bar, the Board of Governors shall present a financial statement of the receipts and dis­bursements of The Florida Bar. The annual financial statement shall be published in The Florida Bar Journal, and shall also be filed with the Clerk of the Supreme Court.

2. No member of the Board of Governors, and no member of officer of The Florida Bar, other than the Executive Director and the per­sonnel employed in his office, and except as may be authorized pursuant to Article XI here­of, shall receive compensation, but any such person may, with the approval of the Board of Governors, be reimbursed for reasonable ex­penses incurred in the performance of services for The Florida Bar.

ARTICLE X

Rules of Professional Conduct The Court adopts, as a code of ethics applic­

able to the members of The Florida Bar, the Canons of Ethics for Judges and Attorneys, Rules A and B, promulgated by this Court on January 27, 1941, and the Rules of Conduct adopted on the same date as published on pages 3210 through 3221, Florida Statutes 1957, together with such amendments thereto as are now adopted or may be adopted by this Court.

356'2.

INTEGRATION RULE, THE FLORIDA BAR

ARTICLE XI

Discipline 1. The following principles, among others

expressly adopted by this Court, shall govern the conduct of members of The Florida Bar in their capacity as attorneys and shall govern all proceedings for discipline of such members: A license to practice law confers no vested right to the holder thereof, but is a conditional privilege revocable for cause. The primary purpose of discipline of attorneys is the pro­tection of the public, the profession, and the administration of justice, and not the punish­ment of the person disciplined. It is the obli­gation of The Florida Bar and individual mem­bers thereof to give unlimited cooperation and assistance to this Court and its duly appointed agents in discharging all its functions and duties with respect to discipline and in purging the profession of the unworthy.

Any member of the bar of this state, who joins the Communist party, allies himself with or in any way lends his allegiance to the Com­munist party or any subsidiary of said party as contemplated by Petition for Revision of, or Amendment to, the Integration Rule of The Florida Bar , decided July 13, 1956, and refuses or neglects to resign from the bar shall subject himself to disciplinary action and the Board of Governors of The Florida Bar is hereby author­ized to in stitute proceedings against him for that purpose. Such proceedings shall be initi­a ted, cond uc ted and disposed of in the manner provided by Article XI, Disciplinary Rule of The Florida Bar as adopted December 6, 1955 (published in January 1956 issue of The Flor­ida Bar Journal), but may be instituted on com­pla int of the state attorney, the complaint of any reputable lawyer or lawyers, or it may be predicated on any investigation made as to the accused's communist activities by any court of which he is an officer or by other recognized governmental agency, state or national. The evidence taken by such court or agency may be introduced and accorded such weight as the Board of Governors may deem proper to give it and the punishment may be disbarment, sus­pension from the practice for a definite time or such lesser punishment as the Board of Gover­nors may see fit to impose. An action by the Board of Governors is subject to review by this court in the same manner that other dis­ciplinary orders are reviewed.

2. This Court has heretofore adopted and approved a code of ethics governing judges and ·attorneys and rules governing the conduct of ·attorneys in Florida, but does not undertake by such code and rules or by the present rules to promulgate a code governing all causes for discipline. The enumeration here of certain categories of misconduct as consti­tuting grounds for discipline shall not be deemed to be all-inclusive, nor shall the failure to specify any particular act of misconduct be construed as a tolerance thereof by this Court.

The commission by a lawyer of any act con-

trary to honesty, justice, or good morals, whether the act is committed in the course of his relations as an attorney or otherwise, and whether or not the act is a felony or misde­meanor, constitutes a cause for discipline. If the act constitutes a felony or misdemeanor, conviction thereof in a criminal proceeding is not a condition precedent to discipline.

A final adjudication of misconduct in a dis­ciplinary proceeding by a court of another state in which an attorney has been licensed to prac­tice shall be considered as conclusive proof of such misconduct in a disciplinary proceeding in this state. Conviction of a member of The Florida Bar in any court of this state or of any other ~tate, territory, or of the United States of any crime or offense that is a felony under the laws enforced by such court, shall be conclusive proof of the guilt of the re­spondent.

The practice of solicitation of professional employment by advertisement, runners, solici­tors, investigators, or in any other manner shall constitute ground for discipline. Payment of compensation shall not be a necessary element of proof of solicitation.

Where money or other property has been en­trusted to an attorney for a specific purpose, he must apply it to that purpose. He may not avail himself of a counterclaim or setoff for fees against any money or other property of his clients coming into his hands, and a refusal to account for and deliver over such money or property upon demand shall be deemed a conversion. This does not apply to the reten­tion of money or other property upon which the lawyer has a valid lien for his services. Controversies as to the amount of fees shall not be .considered a basis for a complaint in a disciplinary proceeding unless it is charged that the amount demanded as fees is extor­tionate or fraudulent.

3. This Court expressly imposes upon the Board of Governors of The Florida Bar the duty of investigating the conduct of members of the Bar, of filing complaints, of trying the charges against such members, and entering judgments on such charges in accordance with the provisions of this Article. The Board of Governor s, subject to and consistent with the provisions of this Article, may, through its by­laws, provide the method and procedure neces­sary to discharge the duties imposed upon it by this Article.

The Florida Bar is expressly authorized to call upon the accused attorney to make specific and complete disclosure as to ail material mat· ters by answer or testimony. Any person, in­cluding tne accused attorney, who is sub­poenaed to appear and give testimony or to produce books, papers, or documents, and re­fuses to appear or to produce such books, papers, or documents, or who, having duly sworn to testify, refuses to answer any proper question, shall be guilty of contempt of this Court. ·

The Florida Bar .is expressly authorizea to

3!)63

INTEGRATION RULE, THE FLORIDA BAR

reprimand privately or place on probation a~y accused attorney without further order of th1s Court. -

4. All investigations and the hearings of all disciplinary cases shall be begun, prosecuted, and completed as promptly as the ends of justice will permit. All investigations an~ hear­ings shall be informal but thorough, w1th the objective of ascertaining the truth.

5. Disciplinary Procedure. (a) Grievance Committees. The Board of Governors shall have authority

to appoint one or more Grievance Committees in each judicial circuit. Each Grievance Com­mittee shall consist of not less than three, nor more than five, members of the Bar.

(b) Investigation of Probable Cause. The Board of Governors and its duly ap­

pointed committees, including Grievance Com­mittees, shall have power to investigate or cause to be investigated all misconduct by members of The Florida Bar, active or re­tired that may be brought to the attention of the Board or such committees for the pur­pose of determining whether there is probable cause to believe that a member or members have been guilty of misconduct justifying dis­ciplinary action. Such investigating body may initiate investigations at any time and place deemed by it advisable, and it shall have power to summon witnesses, to administer oaths, and to order the production of books, records, or other documentary evidence. Any refusal to comply with any proper order or direction of the Board of Governors or any such committees shall be reported to a judge of the appropriate Circuit Court for summary action thereon. Un­less such investigating body shall determine that there is no such probable cause, it shall give each accused attorney an opportunity to explain or refute the evidence of his alleged misconduct.

If, after completing its investigation, the in­vestigating body shall determine that there is probable cause of misconduct, it shall forthwith file with the Executive Director of The Florida Bar a Report containing its findings and recom­mendations as to each instance of misconduct, together with supporting papers, proofs, and transcript. Upon receipt thereof, the Executive Director shall forthwith serve a copy of the Report upon the accused attorney.

If the Board of Governors finds from such Report that there is probable cause of mis­conduct justifying disciplinary action, it shall cause a Complaint in writing to be prepared and filed in the office of the Executive Director of The Florida Bar. The Complaint shall set forth a short and plain statement of the ulti­mate facts constituting the alleged misconduct, and a copy thereof shall be s.erved upon the accused attorney.

Upon consideration of the Report, the Board of Governors may direct that a further investi­gation be made by such investigating body, or that no complaint be filed. Each accused at­torney shall be notified of the Board'a action.

(c) Hearing. The Board of Governors of The Florida Bar

shall annually certify to this Court a panel of members of The Florida Bar for the Court's approval to serve as Referees. Referees in dis­ciplinary matters shall be designated by the Board of Governors from this panel as herein­after provided.

The Board of Governors shall appoint an active member or members of the Bar to pre­sent the evidence of the charges to the Referee and to take such other actions in the proceed­ings as the Board may direct. Where, however, the accused attorney pleads guilty to all charges and does not request an opportunity to present evidence before a Referee, the Board of Gov­ernors need not, in its discretion, appoint a Referee and may enter a judgment based upon such plea of guilty.

In every case in which the Board of Gov­ernors of The Florida Bar shall direct the filing of a Complaint, it shall appoint a Referee from the approved panel to conduct the hearing on the Complaint. The Referee shall have such powers as are necessary to conduct a proper and speedy hearing of the cause, including the power to take or cause to be taken depositions of witnesses, to issue subpoenas, and to compel the attendance of witnesses. Any refusal to comply with any proper order or direction of the Referee shall be reported to the judge or judges of the appropriate Circuit Court for summary action thereon. The only pleadings permissible are the Complaint, the answer thereto and motions challenging the sufficiency of the Complaint or the jurisdiction of the forum. They shall be reviewed by this Court only after final judgment.

Any person bringing the charges, in person or by his attorney, or both in person and by his attorney, may be present at all hearings conducted by the Referee.

The hearing shall be held in the county in Florida in which the accused attorney last re­sided or practiced, or in which the alleged of­fense was committed, and reasonable notice of the time and place of the hearing, not to be less than twenty days, shall be given to the accused attorney.

The Referee shall submit to the Board of Governors his Report, which shall include his findings of fact and his recommendations, to­gether with a transcript of evidence taken.

(d) Review and Judgment. Upon receipt of the Report of the Referee,

the Board of Governors shall have authority to dismiss the Complaint, to remand the cause for further testimony, to administer a private reprimand to the accused attorney in a proper case, to place such attorney upon probation, or to file its judgment and the record with the Clerk of this Court. The review of the Board of Governors shall be based upon the record, and the Board shall hold a hearing on questions arising from the record. When the Board of Governors adjudges that an attorney be dis­barred, suspended, publicly reprimanded, or

8564

INTEGRATION RULE, THE FLORIDA BAR

disciplined (other than by private reprimand o:r provisions of this Article, may, through its by being placed on probation), it shall immedi- By-Laws, provide the metho~ a~d procedure ately file a certified copy of its judgment with necessary to discharge the duties Imposed upon the Clerk of this Court, together with a tran- it by this Article. . script of the evidence and the other proceedings A petition for reinstatement after disbar-in the cause. ment or suspension shall be addressed to the

Board of Governors in writing, shall be verified (e) Petition for Appellate Review. by the petitioner, and shall be filed in d?plicate Upon such filing, the Clerk shall immediately with the Executive Director of The Flonda Bar.

serve a copy of the Board's judgment upon the It shall set forth the age, residence, and address accused attorney. Within thirty days after the of the petitioner, the offense or mis~onduct filing thereof (or within such shorter time as upon which the disbarment or suspensiOn. was the Court may determine), any person so ad- based, a concise statement of the facts claimed judged to be disbarred, suspended, or dis- to justify reinstatement, and the name and ciplined, may petition the Court to review such address of any complainant in the original judgment and to reverse or modify it, and, proceedings. One copy of the petition shall be upon such review, the burden shall be upon promptly filed by the Executive Director with the petitioner to show wherein such judgment the Clerk of this Court. is erroneous, unlawful, or unjustified. If no The Board of Governors or its duly appointed petition for review is filed within the prescribed committees, including Grievance Committees, time, the judgment of the Board of Governors shall promptly investigate the matters alleged shall become the judgment of this Court. If, in the petition. The Board of Governors and upon review, the judgment of the Board of such committees are authorized to take evi­Governors is approved, disapproved, or modi- dence on reasonable notice to the petitioner, tied, an appropriate order shall be made by in opposition to allegations in said petition or this Court. pertinent to the consideration of said petition.

When a petition for review shall be filed in The Board shall make recommendations con­this Court, the accused attorney may appear cerning the petition and shall file with the in person or by his attorney, and The Florida Clerk of this Court a certified copy of its recom­Bar shall be represented by a member or mem- mendations, together with a transcript of the bers of the Bar appointed by the Board of evidence and the other proceedings in the cause. Governors. The cause shall be heard by this Upon such filing, the Clerk shall immediately Court on briefs or oral argument, or both, as serve a copy of the Board's recommendations it may determine. upon the petitioner. Within thirty days after

(f) Expenses and Costs. the filing thereof (or within such shorter time The Board of Governors shall have the au- as this Court may determine), the petitioner

thority to defray all necessary expenses in- may petition this Court to review said recom­curred in conducting investigations and hear- mendations and to deny or modify them, and ings under this Article, including the traveling upon such review the burden shall be upon expenses and reasonable compensation of the the petitioner to show wherein such recom­Referee. mendations are erroneous, unlawful, or unjusti-

In the event the accused attorney is found fled. If no petition for review is filed within guilty of any of the charges made, costs may the prescribed time, the recommendations of be awarded against him by this Court. the Board of Governors may be approved and,

(g) Service upon Accused Attorney. in that event, an approriate order shall be made by this Court. If, upon review, the recom-

Whenever under the provisions of this Article mendations of the Board of Governors are ap-service of any paper or papers is required to proved, denied or modified, an appropriate be made upon an accused attorney, such service order shall likewise be made by this Court. may be affected personally or by mailing a No oral argument shall be heard on a petition copy of such paper or papers by registered mail to review the Board's recommendations, except to such attorney at his last-known address ac- upon special order of this Court. If oral argu­cording to the records in the office of The ment is ordered, the petitioner may appear in Florida Bar.

person or by his attorney, and The Florida Bar (h) Proceedings Confidential. shall be represented by a member or members Unless otherwise requested by the accused of the Bar appointed by the Board of Governors.

attorney, investigations and hearings shall not No petition for reinstatement shall be filed be made public until the judgment of the Board within one year following an adverse decision of Governors is filed in this Court. of this Court upon a formal petition for re-

(i) Reinstatement. instatement filed by or on behalf of the same This Court expressly imposes upon the Board person.

of Governors the duty of investigating the mat- No petition for reinstatement shall be can­ters involved in any petition for reinstatement sidered unless such petition shall be accom­that may be filed after disbarment or suspen- panied by proof that all costs assessed against sion, and of making recommendations of this the disciplined attorney in the prior disciplin­Court concerning such petition. The Board of ary proceedings against him have been secured. Governors, subject to and consistent with the An unsuccessful petitioner in reinstatement

3565

INTEGRATION RULE, THE FLORIDA BAR

proceedings shall pay the costs thereof.

6. (a) Disciplinary Matters in District Courts of Appeal and Circuit Courts.

Whenever it shall be made known to any of the judges of the district courts of appeal or any judge of a circuit court in this state that a member of The Florida Bar practicing in any of the courts of his district or judicial circuit has been guilty of dishonest conduct or habits of general immorality or any such single act or crime of vice as may show him to be unfit for the trust and confidence reposed in him as an attorney or of deceit or misconduct in his office of attorney or of suppressing or attempting to suppress any testimony in any cause or of tam­pering with any record or of stirring up litiga­tion or being drunk while the case under his charge is being considered in court or of any unprofessional acts as defined by the code of ethics adopted by this Court which unfit him for association with the fair and honorable members of the profession, such judge shall direct the state's attorney for the circuit in which such attorney shall have his office to make in writing a motion in the name of The Florida Bar to disbar such attorney setting forth in the motion the particular acts of con­duct for which the attorney is sought to be disbarred.

(b) Copy Served Upon Accused. Upon the filing of such motion a copy thereof

shall be served upon the accused attorney and he shall, within ten days after the service there­of, file his answer thereto.

(c) Trial before Circuit Judge. Upon the filing of the answer the presiding

judge of the judicial circuit in which the ac­cused attorney's office is located shall designate one of the judges thereof to try and determine said cause; such judge shall conduct a hearing thereon and shall hear the evidence to be of­fered by The Florida Bar and the accused. Upon the conclusion of said hearing, said judge shall enter such judgment of reprimand, sus­pension or disbarment as shall be appropriate to the circumstances. Costs, including court reporter's fees, shall be taxed against The Flor­ida Bar or the accused in such manner as the court shall determine.

The parties shall be entitled to compulsory process to enforce the attendance of any wit­nesses.

(d) Judgment filed in Supreme Court. If the judgment be one of reprimand, suspen­

sion or disbarment, three certified copies of the same shall be forthwith filed by the clerk of the trial court with the Clerk of the Supreme Court of Florida. The Clerk of the Supreme Court shall forthwith retain one copy for his records, deliver to the Executive Director of The Florida Bar one copy of said judgment for his official records and shall serve the other upon the accused attorney.

(e) Petition for Appellate Review. The provisions of paragraph 5 (e) of this

Article XI shall govern appellate review of judgments entered by the circuit court.

(f) Duty to Expedite Proceedings. It shall be the duty of the state's attorney

who is directed to file said motion to promptly file the same and to expeditiously dispose of said controversy.

(g) Concurrent Jurisdiction of The Florida Bar.

The jurisdiction of the district court and circuit courts created by this Rule and the pro­cedure herein outlined shall be concurrent with that of The Florida Bar under the preceding portions of this Rule. The forum first acquir­ing jurisdiction shall retain the same to the exclusion of the other until the final determina­tion of the cause.

(h) Reinstatement of Disciplined Attorney. The provisions of paragraph 5 (i) of this

Article XI shall govern all applications for re­instatement of suspended or disbarred attor­neys without regard to the forum in which said proceedings were conducted.

(i) Statutes Superseded. This Article shall supersede Sections 454.24,

454.25, 454.26 454.27, 454.28, 454.29 and such parts of Sections 454.30, 454.31 and 454.32 as are in conflict herewith.

ARTICLE XII The Florida Bar Foundation

The Board of Governors of The Florida Bar may establish The Florida Bar Foundation, with such organization, purposes and powers

ARTICLE XIII Amendments

Petitions for revision of, or amendments to, this Rule will be entertained by the Supreme Court when presented by the Board of Gov­ernors or by not less than twenty-five active members of The Florida Bar. Notice of the filing of the petition shall be published in an issue of The Florida Bar J ournel, not less than twenty days prior to the hearing on any such petition.

ARTICLE XIV Lawyer Reference Services

1. No local bar association or other group of attorneys shall establish a lawyer referral service in any city, community or other area of this State except upon application to and approval by the Board of Governors of The Florida Bar; provided, however, that any law­yer referral service in existence as of 6 Feb­ruary 1959 shall have six (6) months from such date within which to apply to and secure approval of the Board of Governors for the continuance of such service.

2. The Board of Governors may, upon good cause shown, revoke the authority of any bar association or other group of attorneys to op­erate a lawyer referral service, and may adopt such regulations governing the establishment, operation and revocation of permission to op­erate such a service as it may deem desirable.

3566

CODE OF ETHICS ADOPTED BY

THE SUPREME COURT OF FLORIDA ON JANUARY 27th., 1941

The rules and principles governing the con­duct of judges and the members of the bar of this state shall be as prescribed by law and as follows:

RULE A

ETHICS GOVERNING JUDGES

Ancient Precedents "And I charged your judges at that time,

saying Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.

"Ye shall not respect persons in judgment; but ye shall bear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's; and the cause that is too hard for you, bring it unto me, and I will hear it."-Deuteronomy, I, 16-17.

"Thou shall not wrest judgment; thou shall not respect persons, neither take a gift; for a gift doth blind the eyes of the wise, and pervert the words of the righteous."-Deute­ronomy, XVI, 19.

"We will not make an justiciaries, constables, sheriffs or bailiffs, but from those who under­stand the law of the realm and are well dis­posed to observe it."-Magna Charta, XLV.

"Judges ought to remember that their office is jus dicere not jus dare; to interpret law, and not to make law, or give law." ...

"Judges ought to be more learned than witty; more reverend than plausible; and more ad­vised than confident. Above all things, integrity is their portion and proper virtue." ...

"Patience and gravity of hearing is an es­sential part of justice; and an over speaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the Bar, or to show quickness of conceit in cutting off evidence or counsel too short; or to prevent information by questions though pertinent."

"The place of justice is a hallowed place; and therefore not only the Bench, but the foot pace and precincts and purprise thereof ought to be preserved without scandal and corruption." ... -Bacon's Essay "Of Judicature."

1. Relations of the judiciary.-The assump­tion of the office of judge casts upon the in­cumbent duties in respect to his personal con­duct which concern his relation to the state and its inhabitants, the litigants before him, the principles of law, the practitioners of law in his court, and the witnesses, jurors and

attendants who aid him in the administration of its functions.

2. The public interest.-Courts exist to pro­mote justice, and thus to serve the public in­terest. Their administration should be diligent and careful. Every judge should at all times be alert in his rulings and in the conduct of the business of the court, so far as he can, to make it useful to litigants and to the com­munity. He should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts instead of the courts for the litigants.

3. Constitutional obligations.-It is the duty of all judges in the United States to support the Federal Constitution and that of the state whose laws they administer; in so doing, they should fearlessly observe and apply funda­mental limitations and guarantees.

4. Avoidance of impropriety.-A judge's of­ficial conduct should be free from impropriety and the appearance of impropriety; he should avoid infractions of law; and his personal be­havior, not only upon the Bench and in the performance of judicial duties, but also in his every day life, should be beyond reproach.

5. Essential conduct.- A judge should be temperate, attentive, patient, impartial, and, since he is to administer the law and apply it to the facts, he should be studious of the prin­ciples of the law and diligent in endeavoring to ascertain the facts.

6. Industry.-A judge should exhibit an in­dustry and application commensurate with the duties imposed upon him.

7. Promptness.-A judge should be prompt in the performance of his judicial duties, recog­nizing that the time of litigants, jurors and attorneys is of value and that habitual lack of punctuality on his part justifies dissatisfaction with the administration of the business of the court.

8. Court organization.-A judge should or­ganize the court with a view to the prompt and convenient dispatch of its business and he should not tolerate abuses and neglect by clerks, and other assistants who are sometimes prone to presume too much upon his good natured acquiescence by reason of friendly association with him.

It is desirable too, where the judicial system permits, that he should cooperate with other judges of the same court, and in other courts, as members of a single judicial system, to pro-

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mote the more satisfactory administration of justice.

9. Consideration for jurors and others.-A judge should be considerate of jurors, wit­nesses and others in attendance upon the court.

10. Courtesy and civility.-A judge should be courteous to counsel, especially to those who are young and inexperienced, and also to all others appearing or concerned in the adminis­tration of justice in the court.

He should also require, and, so f ar as his power extends, enforce on the part of clerks, court officers and counsel civility and courtesy to the court and to jurors, witnesses, litigants and others having business in the court.

11. Unprofessional conduct of attorneys and counseL-A judge should utilize his oppor­tunities to criticize and correct unprofessional conduct of attorneys and counsellors, brought to his attention; and, if adverse comment is not a sufficient corrective, should send the matter at once to the proper investigating and dis­ciplinary authorities.

12. Appointees of the judiciary and their compensation. - Trustees, receivers, masters, referees, guardians and other persons ap­pointed by a judge to aid in the administration of justice should have the strictest probity and impartiality and should be selected with a view solely to their character and fitness . The power of making such appointments should not be exercised by him for personal or partisan advantage. He should not permit his appoint­ments to be controlled by others than himself. He should also avoid nepotism and undue favoritism in his appointments.

While not hesitating to fix or approve just amounts, he should be most scrupulous in granting or approving compensation for the services or charges of such appointees to avoid excessive allowances, whether or not excepted to or complained of. He cannot rid himself of this responsibility by the consent of counsel.

13. Kinship or influence.-A judge should not act in a controversy where a near relative is a party; he should not suffer his conduct to justify the impression that any person can im­properly influence him or unduly enjoy his favor, or that he is affected by the kinship, rank, position of influence of any party or other person.

14. Independence.-A judge should not be swayed by partisan demands, public clamor or considerations of personal popularity or no­toriety, nor be apprehensive of unjust criticism.

15. Interference in conduct of trial. - A judge may properly intervene in a trial of a case to promote expedition, and prevent un­necessary waste of time, or to clear up some obscurity, but he should bear in mind that his undue interference, impatience; or participation in the examination of witnesses, or a severe attitude on his part toward witnesses, especially

those who are excited or terrified by the un­usual circumstances of a trial, may tend to prevent the proper presentation of the cause, or the ascertainment of the truth in respect thereto.

Conversation between the judge and counsel in court is often necessary, but the judge should be studious to avoid controversies which are apt to obscure the merits of the dispute be­tween litigants and lead to its unjust disposi­tion. In addressing counsel, litigants, or wit­nesses, he should avoid a controversi al manner or tone.

He should avoid interruptions of counsel in their arguments except to clarify his mind as to their positions, and he should not be tempted to the unnecessary display of learning or a premature judgment.

16. Ex parte applications.-A judge should discourage ex parte hearings of applications for injunctions and receiverships where the order may work detriment to absent parties; he should act upon such ex parte applications only where the necessity for quick action is clearly shown; if this be demonstrated, then he should endeavor to counteract the effect of the absence of opposing counsel by a scrupulous cross-examination and investigation as to the facts and the principles of law on which the application is based, granting relief only when fully satisfied that the law permits it and the emergency demands it. He should remember that an injunction is a limitation upon the freedom of action of defendants and should not be granted lightly or inadvisedly. One applying for such relief must sustain the bur­den of showing clearly its necessity and this burden is increased in the absence of the party whose freedom of action is sought to be re­strained even though only temporarily.

17. Ex parte communications.- A judge should not permit private interviews, argu­ments or communications designed to influence his judicial action, where interests to be af­fected thereby are not represented before him except in cases where provision is made by law for ex parte application.

While the conditions under which briefs of argument are to be received are largely mat­ters of local rule of practice, he should not permit the contents of such briefs presented to him to be concealed from opposing counsel. Ordinarily all communications of counsel to the judge intended or calculated to influence action should be made known to opposina­counsel.

·18. Continuances.-Delay in the administra­tion of justice is a common cause of complaint; counsel are frequently responsible for this de­lay. A judge, without being arbitrary or forc­ing cases unreasonably or unjustly to trial when unprepared, to the detriment of parties, may well endeavor to hold counsel to a proper ap­preciation of their duties to the public interest, to their own clients, and to the adverse party

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and his counsel, so as to enforce due diligence in the dispatch of business before the court.

19. Judicial opinions.-In disposing of con­troverted cases, a judge should indicate the reasons for his action in an opinion showing that he has not disregarded or overlooked serious arguments of counsel. He thus shows his full understanding of the case, avoids the suspicion of arbitrary conclusion, promotes confidence in his intellectual integrity and may contribute useful precedent to the growth of the law.

It is desirable that Courts of Appeal in re­versing cases and granting new trials should so indicate their views on questions of law argued before them and necessarily arising in the controversy that upon the new trial counsel may be aided to avoid the repetition of erron­eous positions of law and shall not be left in doubt by the failure of the court to decide such questions.

But the volume of reported decisions is such and is so rapidly increasing that in writing opinions which are to be published judges may well take this fact into consideration, and cur­tail them accordingly, without substantially departing from the principles stated above.

It is of high importance that judges consti­tuting a court of last resort should use effort and self-restraint to promote solidarity of con­clusion and the consequent influence of judicial decision. A judge should not yield to pride of opinion or value more highly his individual reputation than that of the court to which he should be loyal. Except in case of conscientious difference of opinion on fundamental principle, dissenting opinions should be discouraged in courts of last resort.

20. Influence of decisions upon the develop­ment of the law.-A judge should be mindful that his duty is the application of general law to particular instances, that ours is a govern­ment of law and not of men, and that he vi­olates his duty as a minister of justice under such a system if he seeks to do what he may personally consider substantial justice in a particular case and disregards the general law as he knows it to be binding on him. Such action may become a precedent unsettling ac­cepted principles and may have detrimental consequences beyond the immediate contro­versy. He should administer his office with a due regard to the integrity of the system of the law itself, remembering that he is not a depositary or arbitrary power, but a judge under the sanctions of law.

21. Idiosyncrasies and inconsistencies. -Justice should not be moulded by the individual idiosyncrasies of those who administer it. A judge should adopt the usual and expected method of doing justice, and not seek to be extreme or peculiar in his judgments, or spec­tacular or sensational in the conduct of the court. Though vested with discretion in the imposition of mild or severe sentences he

should not compel persons brought before hilh to submit to some humiliating act or discipline of his own devising, without authority of law, because he thinks it will have a beneficial cor­rective influence.

In imposing sentence he should endeavor to conform to a reasonable standard of punish­ment and should not seek popula rity or pub­licity either by exceptional sever;ty or undue ieniency.

22. Review.-In order that a litiga nt may secure the full benefit of the right of review accorded to him by law, a trial judge should scrupulously grant to the defeated party op­portunity to present the questions arising upon the trial exactly as they arose, were presented, and decided, by full and fair bill of exceptions or otherwise; any failure in this regard on the part of the judge is peculiarly worthy of con­demnation because the wrong done may be irremediable.

23. Legislation.-A judge has exceptional opportunity to observe the operation of stat­utes, especially those relating to practice and to ascertain whether they tend to impede the just disposition of controversies; and he may well contribute to the public interest by ad­vising those having authority to remedy defects of procedure, of the result of his observation and experience.

24. Inconsistent obligations.-A judge should not accept inconsistent duties, nor incur obli­gations, pecuniary or otherwise, which will in any way interfere or appear to interfere with his devotion to the expeditious and proper administration of his official functions.

25. Business promotions and solicitations for charity.- A judge should avoid giving ground for any reasonable suspicion that he is utilizing the power or prestige of his office to persuade or coerce others to patronize or con­tribute, either to the success of private busi­ness ventures, or to charitable enterprises. He should, therefore, not enter into such private business, or pursue such a course of conduct, as would justify such suspicion, nor use the power of his office or the influence of his name to promote the business interests of others; he should not solicit for charities, nor should he enter into any business relation which, in the normal course of events reasonably to be expected, might bring his personal interest into conflict with the impartial performance of his official duties.

26. Personal investments and relations.-A judge should abstain from making personal investments in enterprises which are apt to be involved in litigation in the court; and, after his accession to t.he Bench, he should not retain such investments previously made, longer than a period sufficient to enable him to dis­pose of them without serious loss. It is de­sirable that he should. so far as reasonably possible, refrain from all relations which

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would normally tend to arouse the susp1c1on that such relations warp or bias his judgment, or prevent his impartial attitude of mind in the administration of his judicial duties.

He should not utilize information coming to him in a judicial capacity for purposes of speculation ; and it detracts from the public confidence in his integrity and the soundness of his judicial judgment for him at any time to become a speculative investor upon the hazard of a margin.

27. Executorships and trusteeships.-While a judge is not disqualified from holding execu­torships or trusteeships, he should not accept or continue to hold any fiduciary or other position if the holding of it would interfere or seem to interfere with the proper perform­ance of his judicial duties, or if the business interests of those represented require invest­ments in enterprises that are apt to come before him judicially, or to be involved in questions of law to be determined by him.

28. Partisan politics.-While entitled to en­tertain his personal views of political questions, and while not required to surrender his rights or opinions as a citizen, it is inevitable that suspicion of being warped by political bias will attach to a judge who becomes the active pro­moter of the interests of one political party as against another. He should avoid making po­litical speeches, making or soliciting payment of assessments or contributions to party funds, except as required by law, the public endorse­ment of candidates for political office and par­ticipation in party conventions.

He should neither accept nor retain a place on any party committee nor act as party leader, nor engage generally in partisan activities.

29. Self-interest.-A judge should abstain from performing or taking part in any judicial act in which his personal interests are involved. If he h-as personal litigation in the court of which he is judge, he need not resign his judge­ship on that account, but he should, of course, refrain from any judicial act in such a con­troversy.

30. Candidacy for office.-A candidate for judicial position should not make or suffer others to make for him, promises of conduct in office which appeal to the cupidity or preju­dices of his appointing or electing power; he should not announce in advance his conclusions of law on disputed issues to secure class sup­port, and he should do nothing while a candi­date to create the impression that if chosen, he will administer his office with bias, par­tiality or improper discr:mination.

While holding a judicial position he should not become an active candidate either at a party primary or at a general election for any office other than a judicial office. If a judge should decide to become a candidate for any office not judicial, he should resign in order that it cannot be said that he is using the power or

prestige of his judicial position to promote his own candidacy or the success of his party.

If a judge becomes a candidate for any ju­dicial office, he should refrain from all con­duct which might tend to arouse reasonable suspicion that he is using the power or prestige of his judicial position to promote his candi­dacy or the success of his party.

He should not permit others to do anything in behalf of his candidacy which would rea­sonably lead to such suspicion.

31. Private law practice.-In many states the practice of law by one holding judicial position is forbidden. In superior courts of general jurisdiction, it should never be per­mitted. In inferior courts in some states, it is permitted because the county or municipality is not able to pay adequate living compensation for a competent judge. In such cases one who practices law is in a position of great delicacy and must be scrupulously careful to avoid conduct in his practice whereby he utilizes or seems to utilize his judicial position to further his professional success.

He should not practice in the court in which he is a judge, even when presided over by another judge, or appear therein for himself or any controversy.

If forbidden to practice law, he should re­frain from accepting any professional employ­ment while in office.

He may properly act as arbitrator or lecture upon or instruct in law, or write upon the sub­ject, and accept compensation therefor, if such course does not interfere with the due per­formance of his judicial duties, and is not for­bidden by some positive provision of law.

32. Gifts and favors.-A judge should not accept any presents or favors from litigants, or from lawyers practicing before him or from others whose interests are likely to be sub­mitted to him for judgment.

33. Social relations.-It is not necessary to the proper performance of judicial duty that a judge should live in retirement or seclusion; it is desirable that, so far as reasonable atten­tion to the completion of his work will permit, he continue to mingle in social intercourse, and that he should not discontinue his interest in or appearance at meetings of members of the Bar. He should, however, in pending prospec­tive litigation before him be particularly care­ful to avoid such action as may reasonably tend to awaken the suspicion that his social or busi­ness relations or friendships constitute ar. element in influencing his judicial conduct.

34. A summary of judicial obligation.-In every particular his conduct should be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, fearless of public clamor, regardless of public praise, and indifferent to private po­litical or partisan influences; he should ad­minister justice according to law, and deal

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with his appointments as a public trust; he should not a llow other affairs or his private interests to interfere with the prompt and proper performance of his judicial duties, nor should he administer the office for the purpose of advancing his personal ambitions or increas­ing his popularity.

35. Improper publicizing of court proceed­ing.-Proceedings in court should be conducted with fitting dignity and decorum. The t aking of photographs in the court room, during ses­sions of the court or recesses between sessions, and the broadcasting or televising of court pro­ceedings are calculated to detract from the es­sential dignity of the proceedings, distract the witness in giving his testimony, degrade the court, and create misconceptions with respect thereto in the mind of the public and should not be permitted.

Provided that this restriction shall not apply to photographing the broadcasting or televis­ing, under the supervision of the court, of cere­monial proceedings or of such portions of nat­uralization proceedings (other than the inter­rogation of applicant) as are designed and carried out exclusively as a ceremony for the purpose of publicly demonstrating in an im­pressive manner the essential dignity and the serious nature of naturalization.

36. Conduct of court proceedings.-Proceed­ings in court should be so conducted as to reflect the importance and seriousness of the inquiry to ascertain the truth.

The oath should be administered to witnesses in a manner calculated to impress them with the importance and solemnity of their promise to adhere to the truth. Each witne'ls should be sworn separately and impressiv,~ly at the bar of the court, and the clerk should be re­quired to make a formal record of the ad­ministration of the oath, including the name of the witness.

RULE B

ETHICS GOVERNING ATTORNEYS

Section (I)

1. The duty of the lawyer to the courts.-lt is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor. Whenever there is proper ground for serious complaint of a judicial of­ficer, it is the right and duty of the lawyer to submit his grievances to the proper authori­ties. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected.

2. The selection of judges.-It is the duty of the Bar to endeavor to prevent political consideration from outweighing judicial fitness

in the selections of judges. It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench; and it should strive to have elevated thereto only those willing to forego other em­ployments, whether of a business, political or other character, which may embarrass their free and fair consideration of questions before them for decision. The aspiration of lawyers for judicial position should be governed by an impartial estimate of their abi lity to add honor to the office and not by a desire for the dis­tinction the position may bring to themselves.

3. Attempts to exert personal influence on the court.-Marked attention and unusual hos­pitality on the part of a lawyer to a judge, un­called for by the personal relations of the parties, subject both the judge and the lawyer to misconstructions of motive and should be avoided. A lawyer should not communicate or argue privately with the judge as to the merits of a pending cause, and he deserves rebuke and denunciation for any device or attempt to gain from a judge special personal considera­tion or favor. A self-respecting independence in the discharge of professional duty, without denial or diminution of the courtesy and respect due the judge's station, is the only proper foundation for cordial personal and official relations between Bench and Bar.

4. When counsel for an indigent prisoner.­A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf.

5. The defense or prosecution of those ac­cused of crime.-lt is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise inno­cent persons, victims only of suspicious circum­stances, might be denied proper defense. Hav­ing undertaken such defense, the lawyer is bound, by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be de­prived of life or liberty, but by due process of law.

The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible.

6. Adverse influence and conflicting inter­ests.-lt is the duty of a lawyer at the time of retainer to disclose to the client all the cir­cumstances of his relations to the parties, and any interest in or connection with the contro­versy, which might influence the client in the selection of counsel.

It is unprofessional to represent conflicting interests, except by express consent of all con­cerned given after a full disclosure of the facts. Within the meaning of this canon, a lawyer

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represents conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to another client requires him to oppose.

The obligation to represent the client with undivided fidelity and not to divulge his secrets or confidences forbids also the subsequent ac­ceptance of retainers or employment from others in matters adversely affecting any inter­est of the client with respect to which confi­dence has been reposed.

7. Professional colleagues and conflicts of opinion.-A client's proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. A law should decline association as colleague if it is objectionable to the original counsel, but if the lawyer first retained is re­lieved, another may come into the case.

When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should be frankly stated to him for his final determination. His decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In this event it is his duty to ask the client to relieve him.

Efforts, direct or indirect, in any way to encroach npon the employment of another law­yer, are unworthy of those who should be brethren at the Bar; but, nevertheless, it is the right of any lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel, gen­erally after communication with the lawyer of whom the complaint is made.

8. Advising upon the merits of a client's cause.-A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon, and he is bound to give a candid opinion of the merits and probable result of pending or contemplated litigation. The miscarriages to which justice is subject, by reason of surprises and disappointments in evidence and witnesses, and through mistakes of juries and errors of courts, even though only occasional, admonish lawyers to beware of bold and confident assurances to clients, especially where the employment may depend upon such assurance. Whenever the contro­versy will admit of fair adjustment, the client should be advised to avoid or to end the liti­gation.

9. Negotiations with opposite party.- A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the mat­ter with him, but should deal only with his counsel. It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel, and he should uot undertake to advise him as to the law.

10. Acquiring interest in litigation.-The lawyer should not purchase any interest in the subject matter of the litigation which he is conducting.

11. Dealing with trust property.-The law­yer should refrain from any action whereby for his personal benefit or gain he abuses or takes advantage of the confidence reposed in him by his client.

Money of the client or collected for the client or other trust property coming into the posses­sion of the lawyer should be reported and accounted for promptly, and should not under any circumstances be commingled with his own or be used by him.

12. Fixing the amount of the fees.-In fixing fees, lawyers should avoid charges which over­estimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge, or even none at all. The reasonable requests of brother lawyers, and of their widows and orphans without ample means, should receive special and kindly consideration.

In determining the amount of the fee, it is proper to consider: (1) the time and labor re­quired, the novelty and difficulty of the ques­tions involved and the skill requisite properly to conduct the cause; (2) whether the accept­ance of employment in the particular case will preclude the lawyer's appearance for others in cases likely to arise out of the transaction, and in which there is a reasonable expectation that otherwise he would be employed, or will involve the loss of other employment while employed in the particular case or antago­nisms, with other clients; (3) the customary charges of the Bar for similar services; ( 4) the amount involved in the controversy and the benefits resulting to the client from the services; (5) the contingency or the certainty of the compensation; and ( 6) the character of the employment, whether casual or for an established and constant client. No one of these considerations in itself is controlling. They are mere guides in ascertaining the real value of the service.

In determining the customary charges of the Bar for similar services, it is proper for a lawyer to consider a schedule of minimum fees adopted by a Bar Association, but no lawyer should permit himself to be controlled thereby or to follow it as his sole guide in determining the amount of his fee.

In fixing fees it should never be forgotten that the profession is a branch of the adminis­tration of justice and not a mere money-getting trade.

13. Contingent fees.-A contract for a con· tingent fee, where sanctioned by law, should be reasonable under all the circumstances oi the case, including the risk and uncertainty of the compensation, but should always be subject to the supervision of a court, as to its reason­ableness.

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14. Suing a client for a fee.-Controversies with clients concerning compensation are to be avoided by the lawyer so far as shall be com­patible with his self-respect and with his right to receive reasonable recompense for his serv­ices; and lawsuits with clients should be re­sorted to only to prevent injustice, imposition or fraud.

15. How far a lawyer may go in supporting a client's cause.-Nothing operates more cer­tainly to create or to foster popular prejudices against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause.

It is improper for a lawyer to assert in argu­ment his personal belief in his client's inno­cence or in the justice of his cause.

The lawyer owes "entire devotion to the interest of the client, warm zeal in the main­tenance and defense of his rights and the ex­ertion of his utmost learning and ability," to the end that nothing be taken or be withheld from him, save by the rules of law, legally ap­plied. No fear of judicial disfavor or publie unpopularity should restrain him from the full discharge of his duty. In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land, and he may expect his lawyer to assert every such remedy or defense. But it is steadfastly to be borne in mind that the great trust of the lawyer is to be performed within and not without the bounds of the law. The office of attorney does not permit, much less does it demand of him for any client, vi­olation of law or any manner of :fraud or chicane. He must obey his own conscience and not that of his client.

16. Restraining clients from improprieties. -A lawyer should use his best efforts to re­strain and to prevent his clients from doing those things which the lawyer himself ought not to do, particularly with reference to their conduct towards courts, judicial officers, jurors, witnesses and suitors. If a client persists in such wrong-doing the lawyer should terminate their relation.

17. Ill-feeling and personalities between advocates.-Clients, not lawyers, are the liti­gants. Whatever may be the ill-feeling exist­ing between clients, it should not be al;owed to influence counsel in their conduct and de­meanor toward each other or toward suitors in the case. All personalities between counsel should be scrupulously avoided. In the trial of a cause it is indecent to allude to the per­sonal history or the personal pecularities and idiosyncrasies of counsel on the other side. Personal colloquies between counsel which cause delay and promote unseemly wrangling should also be carefully avoided.

18. Treatment of witnesses and litigants.­A lawyer should always treat adverse witnesses and suitors with fairness and due considera­tion, and he should never minister to the ma­levolence or prejudices of a client in the trial or conduct of a cause. The client cannot be made the keeper of the lawyer's conscience in professional matters. He has no right to de­mand that his counsel shall abuse the opposite party or indulge in offensive personalities. Improper speech is not excusable on the ground that it is what the client would say if speaking in his own behalf.

19. Appearance of lawyer as witness for his client.-When a lawyer is a witness for his client, except as to merely formal matters, such as the attestation or custody of an in­strument and the like, he should leave the trial of the case to other counsel. Except when essential to the ends of justice, a lawyer should avoid testifying in court in behalf of his client.

20. Newspaper discussion of pending liti­gation.-Newspaper publications by a lawyer as to pending or anticipated litigation may interfere with a fair trial in the courts and otherwise prejudice the due administration of justice. Generally they are to be condemned. If the extreme circumstances of a particular case justify a statement to the public, it is un­professional to make it anonymously. An ex parte reference to the facts should not go be­yond quotation from the records and papers on file in the court; but even in extreme cases it is better to avoid any ex parte statement.

21. Punctuality and expedition.-lt is the duty of the lawyer not only to his client, but also to the courts and to the public to be punc­tual in attendance, and to be concise and direct in the trial and disposition of causes.

22. Candor and fairness.-The conduct of the lawyer before the court and with other lawyers should be characterized by candor and fairness.

It is not candid or fair for the lawyer know­ingly to misquote the contents of a paper, the testimony of a witness, the language on the argument of opposing counsel, or the language of a decision or a textbook; or with knowledge of its invalidity, to cite as authority a decision that has been overruled, or a statute that has been repealed; or in argument to assert as a fact that which has not been proved, or in those jurisdictions where a side has the opening and closing arguments to mislead his opponent by concealing or withholding positions in his open­ing argument upon which his side then intends to rely.

It is unprofessional and dishonorable to deal other than candidly with the facts in taking the statements of witnesses, in drawing affi­davits and other documents, and the presenta­tion of causes.

A lawyer should not offer evidence which he knows the court should reject, in order to get

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the same before the jury by argument for its admissibility, nor should he address to the judge arguments upon any point not properly calling for determination by him. Neither should he introduce into an argument, ad­dressed to the court, remarks or statements intended to influence the jury or bystanders.

These and all kindred practices are unpro­fessional and unworthy of an officer of the law charged, as is the lawyer, with the duty of aiding in the administration of justice.

23. Attitude toward jury.-All attempts to curry favor with juries by fawning, flattery or pretended solicitude for their personal com­fort are unprofessional. Suggestions of counsel, looking to the comfort or convenience of jurors, and propositions to dispense with argument, should be made to the court out of the jury's hearing. A lawyer must never converse pri­vately with jurors about the case; and both before and during the trial he should avoid communicating with them, even as to matters foreign to the cause.

24. Right of lawyer to control the incidents of the trial.-As to incidental matters pending the trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when he is under affliction or bereavement; forcing the trial on a particular day to the injury of the opposite lawyer when no harm will result from a trial at a different time; agreeing to an extension of time for signing a bill of exceptions, cross interroga­tories and the like, the lawyer must be allowed to judge. In such matters no client has a right to demand that his counsel shall be illiberal, or that he do anything therein repugnant to his own sense of honor and propriety.

25. Taking technical advantage of opposite counsel; agreements with him. - A lawyer should not ignore known customs or practice of the Bar or of a particular court, even when the law permits, without giving timely notice to the opposing counsel. As far as possible, important agreements, affecting the rights of clients should be reduced to writing; but it is dishonorable to avoid performance of an agreement fairly made because it is not re­duced to writing, as required by rules of court.

26. Professional advocacy other than before courts.-A lawyer openly, and in his true character may render professional services be­fore legislative or other bodies, regarding pro­posed legislation and in advocacy of claims before departments of government, upon the same principles of ethics which justify his ap­pearance before the courts; but it is unpro­fessional for a lawyer so engaged to conceal his attorneyship, or to employ secret personal soliciations, or to use means other than those addressed to the reason and understanding, to influence action.

27. Advertising, direct or indirect.-It is un-

professional to solicit professional employment by circulars, advertisements, through touters or by personal communications or interviews not warranted by personal relations. Indirect advertisements for professional employment such as furnishing or inspiring newspaper com­ments, or procuring his photograph to be pub­lished in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like self-lauda­tion, offend the traditions and lower the tone of our profession and are reprehensible; but the customary use of simple professional cards is not improper.

Publication in reputable law lists in a man­ner consistent with the standards of conduct imposed by these canons of brief biographical and informative data is permissible. Such data must not be misleading and may include only a statement of the lawyer's name and the names of his professional associates; addresses, tele­phone numbers, cable addresses; branches of the profession practices; date and place of birth and admission to the bar; schools attended with dates of graduation, degrees and other educa­tional distinctions; public or quasi-public offi­ces; posts of honor; legal authorships; legal teaching positions; memberships and offices in bar associations and committees thereof, in legal and scientific societies and legal fraterni­ties; the fact of listings in other reputable law lists; the names and addresses of refer­ences; and, with their written consent, the names of clients regularly represented. A cer­tificate of compliance with the rules and stand­ards issued by the special committee on law lists may be treated as evidence that such lists is reputable.

It is not improper for a lawyer who is admit­ted to practice as a proctor in admiralty to use that designation on his letterhead or shingle or for a lawyer who has complied with the statutory requirements of admission to practice before the patent office, to so use the designa­tion "patent attorney" or "patent lawyer" or "trademark attorney" or "trademark lawyer" or any combination of those terms.

28. Stirring up litigation, directly or through agents.-It is unprofessional for a law­yer to volunteer advice to bring a lawsuit, ex­cept in rare cases where ties of blood, relation­ship or trust make it his duty to do so. Stirring up strife and litigation is not only unprofes­sional, but it is indictable at common law. It is disreputable to hunt up defects in titles or other causes of action and inform thereof in order to be employed to bring suit or collect judg­ment, or to breed litigation by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients, or to employ agents or runners for like purposes, or to pay or reward, directly or indirectly, those who

3574

CODE OF ETHICS

bring or influence the bringing of such cases to his office, or to remunerate policemen, court or prison officials, physicians, hospital attaches or others who may succeed, under the guise of giving disinterested friendly advice, in in­fluencing the criminal, the sick and the in­jured, the ignorant or others, to seek his pro­fessional services. A duty to the public and to the profession devolves upon every member of the Bar having knowledge of such practices upon the part of any practitioner immediately to inform thereof, to the end that the offender may be disbarred.

29. Upholding the honor of the profession. -Lawyers should expose without fear or favor before the proper tribunals corrupt or dis­honest conduct in the profession, and should accept without hesitation employment against a member of the Bar who has wronged his client. The counsel upon the trial of a cause in which perjury has been committed owe it to the profession and to the public to bring the matter to the knowledge of the prosecuting authorities. The lawyer should aid in guarding the Bar against the admission to the profession of candidates unfit or unqualified because de­ficient in either moral character or education. He should strive at all times to uphold the honor and to maintain the dignity of the pro­fession and to improve not only the law but the administration of justice.

30. Justifiable and unjustifiable litigations. -The lawyer must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or to injure the opposite party or to work oppression or wrong. But otherwise it is his right, and, having accepted retainer, it becomes his duty to insist upon the judgment of the court as to the legal merits of his client's claim. His appearance in court should be deemed equiva­lent to an assertion on his honor that in his opinion his client's case is one proper for ju­dicial determination.

31. Responsibility for litigation.-No law­yer is obliged to act either as adviser or ad­Yocate for every person who may wish to be­come his client. He has the right to decline employment. Every lawyer upon his own re­sponsibility must decide what employment he will accept as counsel, what causes he will bring into court for plaintiffs, what cases he will contest in court for defendants. The re­sponsibility for advising as to questionable transactions, for bringing questionable suits, for urging questionable defenses, is the law­yer's responsibility. He cannot escape it by urging as an excuse that he is only following his client's instructions.

32. The lawyer's duty in its last analysis.­No client, corporate or individual, however powerful, nor any cause, civil or political, how­ever important, is entitled to receive nor should any lawyer render any service or advice in-

volving disloyalty to the law whose ministers we are, or disrespect of the judicial office. which we are bound to uphold, or corruption of any person or persons exercising a public of­fice or private trust, or deception or betrayal of the public. When rendering any such improper service or advice, the lawyer invites and merits stern and just condemnation. Correspondingly, he advances the honor of his profession and the best interests of his clients when he ren­ders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. He must also observe and advise his client to observe the statute law, though until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. But above all a lawyer will find his highest honor in a de­served reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.

33. Partnerships- names. - Partnerships among lawyers for the practice of their pro­fession are very common and are not to be condemned. In the formation of partnerships and the use of partnership names care should be taken not to violate any law, custom, or rule of court locally applicable. Where partnerships are formed between lawyers who are not all admitted to practice in the courts of the state, care should be taken to avoid any misleading name or representation which would create a false impression as to the professional position or privileges of the member not locally ad­mitted. In the formation of partnerships for the practice of law, no person should be ad­mitted or held out as a practitioner or member who is not a member of the legal profession duly authorized to practice, and amenable to professional discipline. In the selection and use of a firm name, no false, misleading, as­sumed or trade name should be used. The continued use of the name of a deceased or former partner, when permissible by local cus­tom, is not unethical, but care shot:lld be taken that no imposition or deception is practiced through this use. When a member of the firm, on becoming a judge, is precluded from prac­ticing law, his name should not be continued in the firm name.

Partnerships between lawyers and members of other professions or non-professional persons should not be formed or permitted where any part of the partnership's employment consists of the practice of law.

34. Division of fees.-No division of fees for legal services is proper, except with an­other lawyer, based upon a division of service or responsibility.

35. Intermediaries.-The professional serv­ices of a lawyer should not be controlled or

3575

CODE OF ETHICS

exploited by any lay agency, personal or cor­porate, which intervenes between client and lawyer. A lawyer's responsibilities and quali­fications are individual. He should avoid all relations which direct the performance of his duties by or in the interest of such inter­mediary. A lawyer's relation to his client should be personal, and the responsibility should be direct to the client. Charitable societies render­ing aid to the indigents are not deemed such intermediaries.

A lawyer may accept employment from any organization, s uch as an association, club or trade organization, to render legal services in any matter in which the organization, as an entity, is interested, but this employment should not include the rendering of legal services to the members of such an organiza­tion in respect to their individual affairs.

36. Retirement from judimal position or public employment.-A lawyer should not ac­cept employment as an advocate in any matter upon the merits of which he has previously acted in a judicial capacity.

A lawyer, having once held pMblic office or having been in the public employ, should not after his retirement accept employment in con­nection with any matter which he has investi­gated or passed upon while in such office or employ.

37. Confidences of a client.-It is the duty of a lawyer to preserve his client's confidences. This duty outlasts the lawyer's employment, and extends as well to his employees; and neither of them should accept employment which involves or may involve the disclosure or use of these confidences, either for the private advantage of the lawyer or his em­ployees or to the disadvantage of the client, without his knowledge and consent, and even though there are other available sources of such information. A lawyer should not con­tinue employment when he discovers that this obligation prevents the performance of his full duty to his former or to his new client.

If a lawyer is accused by his client, he is not precluded from disclosing the truth in respect to the accusation. The announced intention of a client to commit a crime is not included with­in the confidences which he is bound to respect. He may properly make such disclosures as may be necessary to prevent the act or protect those against whom it is threatened.

38. Compensation, commissions and rebates. -A lawyer should accept no compensation, commissions, rebates or other advantages from others without the knowledge and consent of his client after full disclosure.

39. Witnesses.-A lawyer may properly in­terview any witness or prospective witness for the opposing side in any civil or criminal action without the consent of opposing counsel or party. In doing so, however, he should scrupu-

lously avoid any suggestion calculated to in­duce the witness to suppress or deviate from the truth, or in any degree to affect his free and untrammeled conduct when appearing at the trial or on the witness stand.

40. Newspapers.-A lawyer may with pro­priety write articles for publications in which he gives information upon the law; but he should not accept employment from such pub­lications to advise inquirers in respect to their individual rights.

41. Discovery of imposition and deception. -When a lawyer discovers that some fraud or deception has been practiced, which has unjustly imposed upon the court or a party, he should endeavor to rectify it; at first by advising his client, and if his client refusea to forego the advantage thus unjustly gained, he should promptly inform the injured person or his counsel, so that they may take appro­priate steps.

42. Expenses.- A lawyer may not properly agree with a client that the lawyer shall pay or bear the expenses of litigation; he may in good faith advance expenses as a matter of convenience, but subject to reimbursement.

43. Approved law lists.-It shall be improp­er for lawyer to permit his name to be pub­lished in a law list the conduct, management or contents of which are calculated or likely to deceive or injure the public or the profes­sion, or to lower the dignity or standing of the profession.

44. Withdrawal from employment as attor­ney or counsel.-The right of an attorney or counsel to withdraw from employment, once assumed, arises only from good cause. Even the desire or consent of the client is not always sufficient. The lawyer should not throw up the unfinished task to the detriment of his client except for reasons of honor or self-respect. If the client insists upon an unjust or immoral course in the conduct of his case, or if he per­sists over the attorney's remonstrance in pre­senting frivolous defenses, or if he deliberately disregards an agreement or obligation as to fees or expenses, the lawyer may be warranted in withdrawing on due notice to the client, al­lowing him time to employ another lawyer. So also when a lawyer discovers that his client has no case and the client is determined to continue it; or even if the lawyer finds himself incapable of conducting the case effectively. Sundry other instances may arise in which withdrawal is to be justified. Upon withdraw­ing from a case after a retainer has been paid, the attorney should refund such part of the retainer as has not been clearly earned.

45. Specialists.-The canons of the Amer­ican Bar Association apply to all branches of the legal profession; specialists in particular branches are not to be considered as exempt from the application of these principles.

3576

CODE OF ETHICS

46. Notice of specialized legal service.­Where a lawyer is engaged in renderina- a spe­cialized legal service directly and only to other lawyers, a brief, dignified notice of that fact, couched in language indicating that it is ad­dressed to lawyers, inserted in legal periodicals and like publications, when it will afford con­venient and beneficial information to lawyers desiring to obtain such service, is not improper.

47. Aiding the unauthorized practice of law. -No lawyer shall permit his professional services, or his name, to be used in aid of, or to make possible, the unauthorized practice of law by any lay agency, personal or corporate.

48. Communist affiliation.-No lawyer shall become a member of, ally himself with, or in any way lend his allegiance to the Communist party or any subsidiary thereof (as contemplat­ed by amendment to Article XI, disciplinary rule, of the Integration Rule of the Florida Bar, adopted July 13, 1956).

OATH OF ADMISSION

The general principles which should ever control the lawyer in the practice of his pro­fession are clearly set forth in the following Oath of Admission to the Bar, which they are sworn on admission to obey, and for the wilful violation of which disbarment may be had.

I do solemnly swear:

I will support the Constitution of the United States and the Constitution of the State of Florida.

I will maintain the respect due to courts of justice and judicial officers;

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I be­lieve to be honestly debatable under the law of the land;

I will employ for the purpose of maintaining the causes confided to me such means oaly as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowl­edge and approval;

I will abstain from all offensive personali­ties and advance no fact prejudicial to the honor or reputation of a party or witness, un­less required by the justice of the cause with which I am charged;

I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So help me God.

ADDITIONAL ETHICS GOVERNING ATTORNEYS

In addition to the foregoing ethics as pro­mulgated, the members of the Bar of this state shall be governed by the following ethics and principles:

RULES GOVERNING THE CONDUCT OF ATTORNEYS IN FLORIDA

Section (II)

It shall be the duty of all persons heretofore or hereafter admitted to practice law in the State of Florida:

1. To represent the interest of the client with undivided fidelity and to honestly and truly account to him for all funds received on his behalf, and on demand pay over to him all monies justly due him.

2. To maintain the respect due to the ju­dicial officers and the courts of justice, State or Federal, within the State of Florida.

3. To employ, for the purpose of maintain­ing the causes confided to them, such means only as are consistent with truth, and never to seek to mislead the judges by any artifice, or by any statement of the law known to be false.

4. To maintain inviolate the confidence and, at every peril to themselves, to preserve the secrets of their clients.

5. To abstain from all offensive personali­ties, and to advance no fact prejudicial to the honor or reputation of a party or a witness, unless required by the justice of the cause with which they are charged.

6. Never to reject for any consideration per­sonal to themselves the cause of the defense­less or oppressed.

7. Except as authorized by law, to refrain from seeking a reconsideration of the judgment of an appellate court by applying to any justice or judge, by letter or otherwise, to reinstate the cause on the rehearing docket after an application for a rehearing has been acted upon by the court, nor by such method to seek a rehearing after default in applying therefor. Counsel should present their argument in open court, or by brief, after serving a copy on the other side, and should therefore refrain from discussing the merits of the cause with a justice or judge, by letter or otherwise, either pending the original consideration or upon rehearing.

8. To refrain, except in open court or in the presence of opposing counsel, from arguing or discussing in person, by letter, or other communication, the merits of any case with any judge or court before whom such case is pending, unless a copy of such argument, dis­cussion or communication be furnished to op­posing counsel. In order that a proper respect

3577

CODE OF ETHICS

for and consideration of the integrity and character of all courts may be had and pro­moted, the conduct forbidden by this rule is deemed unethical and improper.

No person heretofore or hereafter admitted to practice law in Florida, shall

9. Appear for or hold himself or herself out as appearing for or as having the right to receive for or transact any legal business for or in the name of, another without being au­thorized so to do, or when he shall have been suspended, disbarred or excluded from the practice of law, or his authority to practice law shall have ceased;

10. Permit the use of his name as an attor­ney by any other person who is not then licensed to practice law or by any corporation or by any firm other than a firm of duly licensed attorneys;

11. Suppress or stifle any evidence or testi­mony;

12. Use the name of or be associated in the practice of law with any person who is dis­barred, or who, at the time of such use or association, is suspended from the practice of law;

13. Knowingly, without just cause, advise any client or person to disobey any valid order of a court of this state or of any other state or of the United States;

14. Wilfully, without just cause, disobey or violate the legal order of any court, State or Federal, requiring him to do or forbear from doing any act growing out of or relating to or in any wise connected with his professional duties or to the conduct of his profession;

15. Introduce or offer to introduce any testimony which he knows to be false or forged;

16. Fail to offer to exclude, or omit to dis­avow, disclaim, and seek the elimination, from the case of any false or forged evidence or testimony, promptly upon learning that it is false or forged.

17. Represent a party to a cause or his suc­cessor after having previously represented the opposite party or interest in connection there­with;

18. Fraudulently procure, or aid in the fraudulent procurement of, admission to prac­tice law, either by wilfully misrepresenting the facts as to his or another's qualifications for admission or by fraudulently suppressing information at the time of or prior to such admission, and having relation to his or an­other's character, fitness, or qualification to practice;

19. Solicit his employment or professional engagement or the employment or professional engagement of another whose partner he is,

or from whose employment there is any ex­pectation of profit or benefit, directly or in­directly, to himself;

20. Employ any person to seek for, secure, obtain, or procure a client or professional busi­ness for himself, or for another whose partner he is, or for another from whose employment there is any expectation of profit or benefit, directly or indirectly, to himself;

21. Promise to give or offer to promise to give, any valuable consideration to any person as an inducement to placing in his hands or in the hands of any partnership of which he is a member, or in the hands of any person from whose employment there is any expecta­tion of profit or benefit, directly or indirectly, to himself, of a claim or demand or an item of business of any kind;

22. Promise to give, or offer to promise or give, a valuable consideration to any person in consideration of having placed in his hands, or in the hands of any person from whose em­ployment there is any expectation of profit or benefit, directly or indirectly, to himself, of a claim or demand or item of business of any kind.

But nothing contained in this rule shall be construed as prohibiting ·the division of fees with a forwarder of business whether such forwarder be an attorney or a reputable col­lection agency.

23. Improper}~ falsify, alter, or abstract any pleading or other court record or any public record or public document;

24. Knowingly or wilfully make any false representations of fact to any judge, court, or jury to induce a favorable action or ruling by either;

25. While a partner of or associated in the practice with any prosecuting attorney defend any criminal case of any kind, character or description in the court in . which such partner or associate is the prosecuting officer;

26. Accept employment in any action for damages for personal injuries or any action for wrongful death or participate in the fees, accruing from such a case brought to him by or sent to him through the influence of any person in his employ .whose duty in whole or in part is to conduct or make investigation of any kind;

27. Be guilty of any .deceit or wilful mis­conduct in his profession;

28. Do any act which, by the law of Florida, constitutes a felony involving moral turpitude;

29. Be associated, as a partner or otherwise, in the practice of law with another person who is not then licensed in Florida to practice law, or who is then suspended or disbarred from

3578

CODE OF ETHICS

the practice of law, provided that this rule shall not apply to association with an attorney of a state other than Florida who is authorized to and is practicing in such state.

30. No person licensed to practice law in the courts of the State of Florida shall be guilty of any conduct in the practice of his profession unbecoming an attorney at law;

31. Appear on behalf of a client before a public officer, board, committee or body, with­out disclosing, upon being requested by such public officer, board, committee or body, or any member thereof, that he is an attorney rep-

3579

resenting such client.

32. Any attorney who shall do or be guilty of any of the acts forbidden or prohibited by law or rules of court may be subject to dis­ciplinary action by public or private reprimand, or by suspension from the practice of law, or by exclusion and disbarment therefrom.

33. An attorney may be disbarred and ex­cluded from the practice of law when any judg­ment is rendered against him for money col­lected by him as attorney upon which judgment an execution has issued and been returned no property.

c.:l 01 00 0

COUNTY

ALACHUA County Judge's Court. Juvenile Court ........ . Court of Record .... .

Circuit Court (8th) .... . ..... .

BAKER Justice of the Peace Court:

District 3-Macclenny . . .... . . Small Claims Court . ........... . County Judge's Court ...... . ... . Juvenile Court ........... . .... . Circuit Court (8th) ...... . .... .

BAY Small Claims Court .......... . . . County Judge's Court. Juvenile Court ..... . Circuit Court (14th).

DISTRICT

First

Second

Third

CIVIL JURISDICTION

Exclusive Concurrent

TABLE OF COURTS

APPELLATE COURTS

SUPREME COURT

TERMS OF COURT Second Tuesday in January Second Tuesday in July

DISTRICT COURTS OF APPEAL

HEADQUARTERS

Tallahassee

Lakeland

Dade County

TERMS OF COURT At Headquarters: Second Tuesday in January Second Tuesday in July (One special term a year in each judicial circuit where there is ready business to transact, others as necessary)

At Headquarters: Second Tuesday in January Second Tuesday in July (One special term a year in each judicial circuit where there is ready business to transact, others as necessary)

At Headquarters: Second Tuesday in January Second Tuesday in July (One special term a year in each judicial circuit whore there is ready business to transact, others as necessary)

TRIAL COURTS

CRIMINAL JURISDICTION and

JUVENILE JURISDICTION TERMS OF COURT FEES*

· $4 ·i;,· ~l~i;,;; ~~t ·~x"c~~d.i~g "$306 · · · · · · · · · · · · · · S5 in claims exceeding $300

···· · ··············· ·· ···· ·········· · ·· · · · · · Probate ... ·1 $100 .. .... ·1· ............... .... ....... .. ....... 1 • • • • • • • • • • • • • • • • • • • •••••••••••••• • •• • • None .... . . None ...... Dependent and delinquent children . .. ·1 . . . . . . . . ........... ...... .. · · .. .. · · ·.

. . . . . . . . . . . . $500 . . . . . .. All misdemeanors . ........... .. ...... Second Monday in January, March, May, July, September, and November.

$500 up .. . ·

. . . . . . . . . . . . , S!OO ...• . ..

. . .. .. . . . . . .

1

$100 ...... . Probate.... $100 ...... . None ... . ........... . . . $100 up ............... .

$500 . ..... . Probate ... . None ..... . $500 up ... .

$!00 ...... . $100 .. None.

All felonies .......•. .. ........ . .•

Committing magistrate only ... . .. . .. . None . . .. ................. . ....... . All misdemeanors (17 up) .•. ... .. .. .. Dependent and delinquent children ... . All felonies .... . .. . .............. . . .

None ................. . ...... . .... . All misdemeanors (17 up) .. . ........ . Dependent and delinquent children ... . All felonies .............. . ...... ... .

Garnishment, attachment, and replevin, S7 .50 Second Monday in April Second Monday in October . ..........•... ·················· ········ · ······ ···· · ·· · . ..

. N~ ~.i~i~~ t.;~~;,::::::: : : :::::::: : :::::: ····· ············· ·· ··············· · · ·· ····· ·················· · · ··· · ··· ················· ··· · ·· · ···· ······················ · · ·········

· se~~,;.i ·M:~,;.ia;;;;,· j;.~~~~;; · · · · · · · · · · · · · · Second Monday in July ....... , ... . ..... .

············· ··· ···· ·· ········· ·· ··········· ····· · ·· · ········ ··· · ······ · ········· · ·· · · ··

No regular terms . ... .. . ..... .. .. . ...... . ·· · ············ ·· · · ········ ········· · ·· · ···· . .................. .. ........................................... .. ................ .. . · F"a;;rth · M~,;d~y · i;,· F~h·r~~·ry. · · · · · · · · · · · · I' i,",;~ ." $7".5o . . . . . .. . . . . . . . . .. . . . .. ... . ... . Fourth Monday in August..... . . . . . . . . . . Chancery, $10

Appeals to and from circuit court, $5

Cl:l 01 00 ....

BRADFORD Justice of the Peace Court:

District !-Starke ..... . Small Claims Court . ....... .... .

........ .. .. 1

s1oo .... .. ·I committing magistrate only ..... . $10(}--$400.. $100....... None . .............. ' ....... · No regular terms.

County Judge's Court .. . ........ , Probate .... , $100 ..... .. , All misdemeanors (17 up) . .. : .. . Juvenile Court..... . . . . . . • . . . . . None.. . . . . None. . . . . . Dependent and delinquent children .... Circuit Court (8th) . . . . . . . . . . . . . $400 up. . . . . . . . . . . . . . . . AU felonies ................. . .. . · . · .

8~~~,:.;( M'~,;cia:Y i;. M:~;.· .......... ...... . Second Monday in November .. .. . ... ..•..

BREVARD

Small Claims Court . . ..... ..• . .. $1DO-S350 .. J $100 ...... . None ... .... ....... • ... ... . . . .. . .. No regular tern1s . ...................... .

CountyJudge'sCourt ..... . ... ,Probate . . . . , ............ , Allmisdemeanors(17up) .. ........... l .. .. ...... ........ .... .. Juvenile Court...... . . . . . .... None ...... None ...... Dependent and delinquent children .. ...... · . . . . . ·. ·. · ·:. · · · · · · · Circuit Court (9th). . . . . . . . . . . $350 up. . . . . . . . . . . . . . . . AU felonies. . . . . . . . . . . . . . . . . . . . . . . . . Fourth Tuesday m March

Second Tuesday in October.

BROWARD Small Claims Court (2) .....

County Judge's Court. Juvenile Court.. . . . ...•..... Court of Record . . ........•.....

$350 ..... .. None ........ . ............. .

Probate .... , . ......... . . Committing magistrate only .... Abuse/morals at home/delinquency .... Non-support

Forcible entry, unlawful detainer and land-lord and tenant ... .

Desertion ...

$10,000 .. . . . I AU except capital. . ... . ... . . ........ .

No regular terms . .. . ....... . . . .... . . ... .

Second Monday in January Second Monday in April Second Monday in July Second Monday in October .... . ..... . ... .

Circuit Court (15th) ............ f $10,000 up. Capital. ............... . ............ f Second Tuesday in March Second Tuesday in October .. . ......... . . .

CALHOUN Justice of the Peace Court:

District !-Blountstown ..... . Small Claims Court ..... . No regular terms. · sioo.:.s3oo: :1 ~i88::::::: Committing magistrate only.

None ................. .

County Judge's Court .... . ...... , Probate .... , $100 . ...... , All misdemeanors (17 up) .. .. ....... ·1·. ·. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Juvenile Court ... . ....... • ..... None ...... None ...... Dependent and delinquent children ... ... ........... ·. · · · · · · · · · · · · · · · · · · · · · · · · Circuit Court (14th). . . . . . . . . . . . $300 up. . . . . . . . . . . . . . . . All felonies. . . . . . . . . . . . . . . . . . . . . . . . . Fourth Monday in April

Fourth Monday in September ............ .

CHARLOTTE Justice of the Peace Courts:

Claims not e~~~~cli;;g $2oo; $3 Claims exceeding $200, $4

Appeals to and from circuit court, $5

Basic1 $5 Garmshment, attachment, replevin, and di ~t rt

$6

Law and chancery, Sl2.50

Claims not exceeding $100, $3.50 Claims exceeding $100, $6.50 Service by mail, $1

Law, $10 No chancery jurisdiction Criminal, $7

Law and chancery, $12.50 Appeals in circuit court, $12.50

. i3'a~i~,· $4 . .. .. . . .. . .. . . .. ......... Garrushment, attachment, replevin, and distress,

$6

Districts 1, 2-Punta Gorda .. . Small Claims Court ............ .

........ · .. ·1 $100 ....... , Committing magistrate only ... .... , ..

. . . . . . . . . . . . $200..... . . None .................... . . ... .. . N ~ ·r~g~i~; ;,.;;~ ·. ·. : : : : : : : : : : : : : : : : : : ; : ; : :I' B·a~i~ .. $2 Second Tuesday in February Second Tuesday in May

County Court ..... ..... ....... . $20(}--$500.. $200 ... . ... All misdemeanors (17 up) .... . . . ... .

*The legislature has established general statutory fees for several courts of the state. Unless otherwise stated above, the general fees of the courts are as follows: Circuit court fees are established by §28.241. The jurisdiction and fees of the various courts of record are the same as the circuit courts, unless otherwise indicated. The general statutes provide that the fees in the county courts of counties having less than 150,000 population shall be $7.50 basic fee and for appeals to or from the county court may be $3.50. In counties over 150,000 in population, the basic fee may be $6, delinquent. tenant, $4, and all other fees)he same as in the circuit court. The general statutory fees for small claims courts are $3.50, basic fee, and :no for garnishment, attachment, replevin, or distress.

co en 00 ~

CIVIL JURISDICTION COUNTY I

Exclusive Concurrent

CHARLOTTE (Continued)

County Judge's Court .......... ·1 Probate .•. . , .......... .. Juvenile Court. . . . . . . . . . . . . . . . . None . . . . . . None . ... . . Circuit Court (12th). . . .. . . . • .. . $500 up .. ....... ..... . .

CITRUS Justice of the Peace Courts:

District !-Dunnellon .... . .. . SIOO ...... . District 3-Hernando . . ...... . $100 ...... . District 4-Floral City ....... . $100 . . .... .

TRIAL COURTS (Continued)

CRIMINAL JURISDICTION and

JUVENILE JURISDICTION TERMS OF COURT

Second Tuesday in August Second Tuesday in November . .. ... . .. . .. .

~~:.:..i~.;i .. ~d d~ii~q.,.~n:t· ~hlld;..;,:,: : : : 1 : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : All felonies . . . . . . . . . . . . . . . . . . . . . . . . . Fourth Monday in March

Second Monday in October .... . ......... .

Committing magistrate only .. ..... .. . Committing magistrate only .. . . . .. .. . Committing magistrate only ... .. . . . . .

FEES*

District 5-Inverness ........ . $100 . .. . .. . Small Claims Court ............ . $100 ...... .

Committing magistrate only . ........ . None ... ..... ... ......... ...... ... . . N~ ~~g;.i~~ t.;;,;,~: :::::::::: :: :::::::::: l B;.;.i~, $2 .... . . .......... ................ .. .

Garmshment, attachment, replevin, and distress, $5

County Judge's Court . .... . .. . . ·1 Probate .• • ·1 SlOO .•.... ·1 All misdemeanors (17 up) . . . .. ... .. . -~ - .... ............. .... ....... .. · · ...... · Juvenile Court . ... ... . ......... None... .. . None ...... Dependent and delinquent children ... . .. . .......... . ...... . .......... , ..... . . . Circuit Court (5th). . . . . . . • . . . . . $100 up. . . . . . . . . . . . . . . . All felonies . . . . . . . . . . . . . . . . . . . . . . . . . First Tuesday in February

First Tuesday in Au~~:ust ........•........

CLAY Justice of the Peace Courts:

District !-Green Cove Springs . ... .. ... .. . District 2- 0range Park . . . . . . . .... ... .. . ·. District 3-Middleburg .. ...... . .... .. . . . . District 4-Lake Geneva ................. . District 5-Green Cove Springs ........... .

Small Claims Court........ . . . . . $100-$500 .. .

$100 .... .. . $100 .. . . .. . $100 .. .. .. . $100 ...... . $100 .. . ... . $100 ...... .

Committing magistrate only ....... .. . Committing magistrate only .. ... · . . . . . Committing magistrate only . . .. . .... . Committing magistrate only . ........ . Committing magistrate only ......... . None .. . .. . ....... . ..... ... ....... . N~ ~;,il.:.i~; t.;~.;,~ . : : : : : : : : : : : : : · · · · · · · · ·

County Judge's Court . . . . . . . . . . ·1 Probate . . . ·1 $100 . . . . . . ·1 All misdemeanors (17 up) .. ... . .. . ...

1

. . ..... . ..... . . . . . . . . . ... . ... . ......... . Juvenile Court... .... . ... .. .... None..... . None...... Dependent and delinquent children ...... . . ... .. .. . . .. .. .. . .... . .... . ... . ..... . Circu it Court (4th) .... . .. . . .. . . $500 up ........ . ....... All felonies ..................... ... . First Monday in April

First Monday in October .... ......... . .. .

COLLIER Justice of the Peace Courts:

District !-Everglades .. . .... . District 3-Naples ........... .

$100 ...... . S!OO . . .... .

Committing magistrate only . . ...... . . Committing magistrate only . .. ...•. . .

C'1~i.~~ 1~,;,; t.h.a.~· s3oo; ss· · · · · · · · · · · · · · · · · · · · · Claims $300 or more or in garnishment, attach­

ment, replevin, or distress and foreclosure of statutory liens, $10

District 4-Immokalee . . .... . . Small Claims Court ............ . SI00-$500 . ..

$100 . ..... . SIOO ...... .

$250 and/or 6 months . .. . ..... ... . .. . None ..... . ... . .... . ... . ........... . · N~ ~;,g.:.i~; t.;;,;,~::::::::::::::: : ::::::: l iiru.ic:is .. · · · · .. · · ........................ ·

County Judge's Court ....... . .. . Juvenile Court . . ... . ......... . . Circuit Court (12th) ... .. .... . . .

Probate .. . . None .... .. $500 up .. . .

SHOO . •••. . . None .... . .

All misdemeanors (17 up) . .. . . ..... . . Dependent and delinquent children . . . . All felonieo ........... ....... ...... . . i.ci.:St. Mo,:,d;.;; in: i\18.~~.-. .......... . •......

First Monday in October ..... . ........ . . .

COLUMBIA Justice of the Peace Courts:

District 6-Fort White ...... . . $100 ...... . Committing magistrate only ........ . . District 1(}-Lake City ..... . . .

Small Claims Court .. ....... .. . . County Judge's Court .... . ········ · ··· Probate ....

$100 ...... . $100 .. . ... . $100 ... . .. .

Committing magistrate only .. . .... . . . None . . .. .. . ........ . ..... .. ...... . All misrlemeanors (17 up) ...... .. . . .

. N ~ ~g~i~; t.;;,;,~ : : : : : : : : : : : : : : : : : : : : : : : : 1· il~~i~ .. i5 ...................... .. .......... .

~

&l ~

Juvenile Court ...... . .. .•.•...• ~- None .... .. Circuit Court (3rd) . . . . . .. .. .. .. $100 up ... .

DADE Justice of the Peace Courts:

District 1-Miami. .... . . . . .. . District 2-Miami ..... . . ... . . District 3-Coral Gables ..•.• . District 4-Homestead ..... .•.

None ..... . Dependent and delinquent children ... ·1· ....... ..... .......... · · .............. · All felonies . . . . . . . . . . . . .. .. . . . . .. .. . Second Monday in May

Third Monday in November .......... . .. .

Committing magistrate only . .. . ... •.. Committing magistrate only ... . ..... . Committing magistrate only .... . . . . . . Committing magistrate only ......... .

$100 . .... .. $100 ...... . $100 ...... . $100 ..... ..

District 6--Miami Beach ..... . Small Claims Court .. ...•.....•. County Judge's C.ourt .... . ...•.. Juvenile and Domestic Relations

'p~~i,;.~:::: ·No ;,;~r· i~r"~ :: :: : ::::::::: ::::::::: l F~~ ·s~t.h:Y.ri<."s.:§ '42.1i. · · · · · · · · · · · · · · · · · · · · · Committing magistrate only . ... . . ... .

None ............. . .... . ..... . . ... . $100 ... ... . $300 ...... .

Court .... · .•.......... . •.....

Criminal Court of Record .• ...•.

Children under 17

_ years of age Non-support

Desertion, Morals, Physical

$100 .... .. .

N'::~f~~·~~~ : : : : : : : : : : : :

None .. . ...................... .. .. .

· Aii ~~~~pt ·c~pita!. ·. : : : : : : : : : : : : : : : : : :

Civil Court of Record ........... I $300-$5000.1 $300 ....... I None ...... ... . ......... . .. .... .. ..

No regular terms ............ . . . ... ...... , . .. .. . .. . ...•...... . . . . . . •. .. . . •..... . . . .. • . Second Tuesday in February Second Tuesday in April Second Tuesday in June Second Tuesday in August Second Tuesday in October Second Tuesday in December . . ........... , .....•............. . ... . .. . .... .... . • . . . ... . Second Monday in January Second Monday in March Second Monday in May Second Monday in July Second Monday in September Second Monday in November ............. , ...... ..... ..... .......... ..• .. .. .. .........

Circuit Court (11th) •.•.•.•.••• . 1 $5000 up •.. 1 •••.••.••••. 1 Capite!. . ....... . ... ..• .......•... .• I Second Tuesday in May Second Tuesday in November .......•..••. 1 Law and chancery, $12.50

DESOTO SmallClaimsCourt ........ . ..•. , ............ , $200 ....... , None . .. ... ... ........ . County Court ............•..... $200-$500 ... $200 .... .. . All misdemeanors (17 up) ..... . ... . .. .

No regular terms ....... ...... . ..... ... . . Second Tuesday after the first Monday in

March Second Tuesday after the first Monday in

June Second Tuesday after the first Monday in

September Second Tuesday after the first Monday in

December .. • . .. .......... . ..........

Juvenile Court . . ............... None . . .... None ...... Dependent and delinquent children .... . ........ ...... .............. ...... .. .. . County Judge's Court ..... . .... . , Probate ... . , ............ , None .... . .............. . .......... , .......... . .... ... . .................... .

Circuit Court (12th) . . . ......... $500 up ................ All felonies .......... . ..... . . .. .. .. . Second Monday in February Fourth Monday in November ..... . ...... .

Civil appeals to circuit court, $12.50 Criminal appeals to circuit court, $25 Appeals to supreme court, $12.50 Appeals to appellate court, $12.70

Basic, $3.50; replevin or distress, S10

DIXIE Small Claims Court ............. I $100-$250 . .. 1 $100 .. . .... I None . ..... .................. . ..... I No regular termo ..... ...... ............. 1 Basic, $3

County Judge's Court ........... 1 Probate .... 1 $100 ...... . 1 All misdemeanors (17 up) ............ .

Garnishment, attachment, replevin, or distress, $5

*The legislature has established general statutory fees for several courts of the state. Unless otherwise stated above, the•general fees of the courts are as follows: Circuit court fees are established by §28.241. The jurisdiction and fees of the various courts of record are the same as the circuit courts, unless otl1envise indicated. The general statutes provide that the fees in the county courts of counties having less than 150,000 population shall be $7.50 basic fee and for appeale to or from the county court may be $3.50. In counties over 150,000 in population, the basic fee may be $6, delinquent tenant, $4, and all other fees the same as in the circuit court. The general statutory fee• for small claims courts are $3.50, basic fee, and $10 for garnishment, attachment, replevin or distress .

c.:> C1l 00 II>-

CIVIL JURISDICTION COPNTY

Exclusive Concurrent

DIXIE (Continued) Juvenile Court ....... . None .... · · None ...... Circuit Court (3rd) ... . $250 up ... .

DUVAL Justice of the Peace Courts:

District 2-Dinsmore . ..... . . . $100 . ... .. . District 3-Baldwin ......... . $100 . . . ... . District 4-Jacksonville . . . . .. . $100 ...... . District 5-Jacksonville Beach. $100 ... . .. . District 8--Jacksonville ...... . $100 . ..... . District 9-Jacksonville ...... . $100 ...... . District 10-Jacksonville . .... . SIOO .. . . .. . District 11-Jacksonville . . . . . . S100 .... .. . District 12-Jacksonville ..... .

Small Claims Court ............ . $100 . . ... . . $100 ...... . · iioo~s5oo: :

County Judge's Court .......... . Juvenile Court . . ....... ... .. .. .

Probate . . . ·I ~100 ...... . None ...... None .. ... .

Traffic Court ........... .

Criminal Court of Record . ... .. . None ...... I None .. .. ..

Civil Court of Record ... . ....... I $100-$3000 . , .... .

Circuit Court (4th) . . ........... 1 $3000 up .. .

ESCAMBIA Justice of the Peace Courts:

District !-Pensacola . ...... . . District 2-Pensacola ... .. ... . District 3-Cantonment ..... . . District 4-Atmore, Ala . . .... .

Small Claims Court ..... . .... .. .

County Judge's Court . . Juvenile Court. .. . . ......•.. . . Court of Recor·d .......... . •....

$100 ...... . $JOG ....• . • $100 .. . . .. . 8100 ... . .. . $300 . .... . .

Probate ... ·I $100 . . .. .. None ...... None .... ..

$100 up .. . .

TRIAL COURTS (Continued)

CRIMINAL JURISDICTION and

JUVENILE JURISDICTION

Dependent and delinquent children ... . All felonies. . . . .. .. . . ..... . .. ..

Committing magistrate only .... ..... . Committing magistrate only .... . .... . Committing magistrate only .... . .... . Committing rna.gistra.te only . . . ...... . Committing magistrate only ...... .. . . Committing magistrate only ......... . Committing magistrate only .... . .. . Committing magistrate only ....... . Committing magistrate only . .. . . . None ....... ........ .......... .. .

Committing magistrate only ....... .. . Dependent and delinquent children ... . All traffic misdemeanors up to $500

and/or 6 months .. .. ......... . .. . All except capital (misdemeanors-

17 years and up only) . . .. . . . ... .

TERMS OF COURT

F~~~ih. M:~;.d~ii i~ :r~;,~·a'ry .............. . First Monday in August .... ...... . .. .. .. .

· N'o ;.;,li~ia~ ie~~,;.: ·.: ·: ::: ::::::::::::::::

Fourth Tuesday in February Fourth Tuesday in April Fourth Tuesday in June Fourth Tuesday in August Fourth Tuesday in October Fourth Tuesday in December ...

None .. ... . ..... . . .. , . .. . . .. . ...... 1 Second Monday in January Second Monday in April Second Monday in July Second Monday in October .

Capital. .. . .... ... . .... . . . . . ..... .. .

$500 or 6 months ......•... . . . .. .. . .. $500 or 6 months . .... . . . ....•. . .. . .. $500 or 6 months ...... ..... ...... .. . S500 or 6 months . ... .......• . ....... None ......... . ... . ..•...... . .. . ...

All misdemeanors (17 up). . . . . . . . Dependent and delinquent children. All except capital Dependent and delinquent children .

First Monday in May F'irst Monday in N ovem her .

· No ·reg~ ia; i~~~~) s : : : : : : : : : : : : : :: : : : : : : : : :

Fourth Monday in January Second Monday in March Second Monday in May Second Monday in July Second Monday in September

FEES*

·il.:.i.i.'s5· ........ .. .. · .... .... · · .. · .. · ... .. Garnishment, SlO

Law and chancery, $11 plus $0.25 pe r defend­R.nt over five

Appeals to circuit court, $11

· s.:.iC.' s4:5o i:>i~8 sri.5o · ior . .i&.ili ·<iefe;.ct~·n't: · · Attachment, $4.50 Garnishment, $7.50 plus $10 deposit Re~l~;~n£0~7.50 plus bond in double the amount

Second Monday in November ...... ... .. •. : . . ..... . • . .. ....... • ..• . •.. . .. •. ...

~ CJ1 00 CJ1

Circuit Court (1st) ............. 1 $300 up ... . . . ....... . . , Capital ...........•........•........

FLAGLER Justice of the Peace Co11rt :

District 1-Bunnell S,mall Claims Court.

County Judge's Court .......... . Juvenile Court . ..... . Circuit Court (7th) ... .

FRANKLIN

$100-$250: I ~i88::::::: Committing magistrate only. None .............. .

Probate ... . None . ... .

$100 ...... ·I All misdemeanors (17 up) .. . . . . . . . . . . . . Dependent and delinquent children.

$250 up ... . All felonies.

County Judge's Court........ ·1 Probate .... . Juvenile Court. . . . . . . . . . . . . . . . None . . . Circuit Court (2nd) . . . . . . . . . . . . $100 up.

$100... ·I All misdemeanors (17 up) ........ . None. . . Dependent and delinquent children.

All felonies ....

GADSDEN Justice of the Peace Courts :

District 1-Quincy ..... . District IJ-Chattahoochee ..

Small Claims Court.

County Court .......... . .. .... .

County Judge's Court .. Juvenile Court ..... . Circuit Court (2nd).

GILCHRIST Justice of the Peace Court:

District 2-Trenton ........ . Small Claims Court ... County Judge's Court .. Juvenile Court . . . Circuit Court (8th) .. .

GLADES County Judge's Court . Juvenile Court ..... . Circuit Court (12th) .

$100. $ 100. $100-$350 ..

Committing ma~istrate only. Committing magistrate only. None ..................... .

$350-$500 ... I $100-$350 •.. I All misdemeanors (17 up) .... . ... . .. . .

~o";ea.te: :: :1· N~,;~ · . · · · $500 up ..

· sioo:s5oo: · $100 ...... . $100 ... . .. .

Probate. $100 . . .... . None ... . None .... . . $500 up . .. .

Probate . . . ·I $100 ... None...... None .. $100 up.

None .............. . ............ . Dependent and delinquent children . . All felonies .

Committing magistrate only . .. . None ..... ............. . All misdemeanors (17 up) .. Dependent and delinquent children. All felonies .....

All misdemeanors (17 up) . .... . .. . Dependent and delinquent children. All felonies.

Second Monday in June Second Monday in October Second Monday in February . . .... . . .

. N~ 'regula~ terms.:::::: .. o •• •• o • • ••••

Thi~d M~~cl~y in. May· . . . .. . . . Second Monday in December .. .. .

Third ·M~,;day in March Fourth Monday in September.

. N~ .reg~i~; i~~,;.~: ·

Second Monday in February Second Monday in May Second Monday in Angnst Second Monday in November .. 0 •••• 0 •••••

. F'i;;t f..1~~d;.;. i,; A: p;ii Second Monday in Oetoher.

No regular tenus.

. F.ir:s·t· M~~d~~· in. M~~;~h. First Tuesciav after the fir~t l\1.onday in

SeptcmbP.r .... ........ .

Fi rs·t · ~1: m·.d~ ~. i.n. Fn·h·r·n~-r~· . Fr)urth lV[nn ~la.~· in Or·tnh€w.

Law and chancery, $11

·Ba~k'$:i.5o · Garnishment, attachment, replevin, and distress

fee, $10

. B·a~i~ .. Sfi . . . . . . . . . . . . . ... ......... . . Garnish111ent, attach1ucnt, replevin, u.nd distress,

$6

· Basie.' $5 ·

*The legislature has established general statutory fees for several courts of the state. Unless otherwise stated a.bo,·e, the general fees of the courts are as follows : Circuit court fees are established by §28.241. The jurisdiction and fees of the various courts of record a1·e the sarne as the circuit courts, ur less <..then, isc indicated. The gene1al statutes p1ov1dt> that the fees in the county cou1ts of counties having less than 150,000 population shall be $7 .50 basic fee and fo1· appeals to or fmou the cmll'ty court' a be $3.5<. l r. cou1 t1es o'e1 150,000 m populatwn, the bas1s fee may be $6, delinqueflt tenant, $4, and all other fees the same as in the circuJt court. The general statutory fees for 81nall clai . s COII J' t s are $~.5~ i, basic fee, a.nrl $10 for gai'Ilishment, attachment, replevin , or distre~s.

CIVIL JURISDICTION COUNTY

Exclusive Concurrent

GULF

TRIAL COURTS (Continued)

CRIMINAL JURISDICTION and

JUVENILE JURISDICTION TERMS OF COURT FEES*

Small Claims Court ... ... . . . . . . . $100-$200 .. 0

County Judge's Court ... .. . . . . . . Probate ... . $100 ....... $100 .. 0 0 .. 0

None .. . . ... ... . . . .. . ..... .. .. . .. . . All misdemeanors (17 up) ...... . . . . . .

No regular terms ... . . . . . . ... . . . . . . .... . . 1 Basic, $5

Dependent and delinquent children . .. . All felonies ................. .. ..... .

Juvenile Court ............. . . . . Circuit Court (14th) . . ... . ... . . .

None .. .. .. $200 up ... .

None . . ... . . &.;~~d. -M~~J~;, ·i;,· i'~i>~e.~;,· ........ ... . . Second Monday in August ..• . .. ... .. , ... .

HAMILTON Small Claims Court ... .... ...... I $500 ....... 1 ....... .. .. . I None . . ... . ............. 00 ......... I No regular terms. 00 ... . .. .... ... .. . . . .. .

Count,y Judge's Court . . . . . .. . . . , Probate .... , $100 ...... . , All misdemeanors (17 up) ... ... .. . . . .

1

.... .. ........ .. . ..... .. .... ...... .. .. . Juvenile Court ....... . . . .. ... . . None . . .... None ...... Dependent and delinquent children ... .... .. ... .... ... . .... ......... . , . . •. . .... Circuit Court (3rd). . . . . . . . . • . . . $500 up. . . . . . . . . . . . . . . . All felonies . . . . . . . . . . . . . . . . . . . . . . . . . Second Monday in February

Third Monday in August ... ... . ......... .

~ HARDEE en Small Claims Court 0 00 ...... 00 ·I· .. 00 ... 0 00 ·I $200 ... 00 0 ·I None 0 0 0 ... 0 00 .. 00 .. 00 .... 00 00 .... 0

~ County Court .... •. . .. .. .....•. $200-$500 ... $200 ....... All misdemeanors (17 up) . ... •... .... No regular terms . . . .. .. ... ... . . .. ... ... . Second Tuesday in February Second Tuesday in May Second Tuesday in August Second Tuesday in November . .. ..... . ... .

County Judge's Court ........... , Probate • ... , .... oo ...... , None ............................. . Juvenile Court. . ..... . ..... .. ... None..... . None..... . Dependent and delinquent children . .. . Circuit Court (lOth) ..... 00 .. .. • $500 up . .. . . 00 .. .. .. .. • All felonies . . 00 . ..... 00 .. 00 ........ . · i<'i.:s-t· -r~-.sd;,.;; ~iie'r' ih~ ~~.;~~d· :M~~d;,.;,· ir: ·

February First Tuesday after the second Monday in

September . . . . ..... . ............. . .. .

HENDRY Justice of the Peace Courts:

Claims not exceeding $100, $3 Claims over $100 but not exceeding $300, $5 Claims over $300 but not exceeding $500, $7. 50 Each additional defendant, $1 GasJ'hment, attachment, replevin, and distress ,

Quiet title, foreclosure of mortgage involved in real estate, eminent domain, bond validation,

$15

Basic, $10

District ! - Clewiston ........ . District 2-LaBelle .•.........

Small Claims Court .. .. .. . .•. · s i oo~sz5o:. : $lOO I Committing magistrate only .. .. .. . .. - ~· 00 00

..

00 00

• • ·: : : : : :: :: :::: :: : : :: : : : : :: l ~.:.i~ : ~~ :;6: :: :: :: :: :: ·: :: :: :: :: : : :: :: :: :: : 1100:::: : :: Committing magistrate ~~Y :::::::::: · N~ 'regui~; t.;;ms .... .. ..•.•.... · · · · · · · · · Garnlsh~ent, attachment, replevin, and dwtress, $100...... . None .... · oo ........ • $10

County Judge's Court ...... ..... , Probate . . .. , $100 ...... . , All misdemeanors (17 up) . . ... . ..... .

1

... . . .... .................... . .... . . . . . . Juvenile Court .. .. .. ... .. . .... . None. ... . . None.. . .. . Dependent and delinquent children ... .. . .. . . .. . . . . ..... . ... . . .. . ... ... . .. . .. . . Circuit Court (12th) . . . .. . . . . .. . $250 up. . . . . .. .. .. . . . . . All felonies. . . . .. . . .. . . .. . . . . . . . . . . . Third Monday in February

Third Monday in November ............. .

HERNANDO Justice of the Peace Court:

District 4-Brooksville ....... . Small Claims Court .... .. .. . .. . .

$100 ...... ·I Committing magistrate only .... . . ... . 1 .. .. ....... . . . . . . . . .. . .. . ... . .. .. .. . ....

1 . . ... .. .. .. 00 .............. 00 ...... ·- ...... .

$100. .. .... None....... . . . . . . . . ............. . . No regular terms.. . . . . . . . .. . .. . .. . .. .... Basic, $2.50

County Judge's Court ........... , Probate ••. ·I SIOO . .. ... . , All misdemeanors (17 up) . .. ... . .... . Juvenile Court ....... . ......•.. None .... . . None .... . . Dependent and delinquent children ... .

Garnishment, attachment, replevin, and distress, $5

<». toll.· 00. ..q .

Circuit Court (5th) .... . .... . . . . 1 $100 up . ... , . .... . All felonies .. First Tuesday in February

HIGHLANDS Sm~ll Claims Court .

County Judge's Court . .... . .... . Juvenile Court ..... . Circuit Court (lOth).

HILLSBOROUGH Justice of the Peace Courts:

District 1-Tampa .. . .. . District 2-Plant City . . .

Small Claims Court .. Traffic Court .. .. . .. .

County Court .... . .

County Judge's Court ..... . Juvenile and Domestic Relations

Court . . ........ . .. . .. . Civil Claims Court ..... . Criminal Court of Record.

Circuit Court (13th).

HOLMES Small Claims Court County Judge's Court. Juvenile Court .. ........ . Circuit Courts (14th) .... .

INDIAN RIVER Small Claims Court.

County Court ........ .

County Judge's Court. Juvenile Court. . . . Circuit Court (9th).

First Tuesday in September .... . . . . ... ... , ... . . . .. . . . . . . ..... . .. . . . .

$100-$250 ... 1 $100. None . ... .... . , . . .... .. .

Pro hate .. None .. . .. . $250 up .. . .

No~~--.:::

$100 ... None.

$100 ... . $100 . . . $100 .. . None ..

$500 ...... .

All misdemeanors (17 up) Dependent and delinquent children. All felonies .. . . . ....... . ........ . .. .

$100 or 3 months ... . $100 or 3 months . . . None . .. ................ . . .. ... . All traffic misdemeanors up to $500

and/or 6 months ..... . None . . ............ . .

Probate .... I $250. None ....................... . ... .. .

None ......

· N~~~-- .-::: None ..... I Dependent and delinquent children .. $100-$500. . None ........................... . None . . . . . . All except capital. ... .

$500 up ... · Capital. ...

No regular terms.

First Tu . .,;.day· aite~· tl;~ fi~~t M~;,·day in April

First Tuesday after the first Monday in November ..... .......... .

No regular u;nns. . ...... . . .. . .

No regular terms .... . ... . First Monday in January First Monday in March First Monday in July First Monday in September.

No regular terms. No regular terms. . . . . . .. First Monday in February First Monday in April Second Monday in June First Monday in August First Monday in October Fourth Monday in November . . . .. . .. . .. .

First Tuesday in April First Tuesday in October .

. p~(,i,i,t,; : : . :I ~~8lL .... None .. .. .. None. $100 up .. .

None. . . . . . . . . . . . . . . . . . . . . ·r No regular tenus All misdemeanors (17 up). . . . . . . . . . . . . . . . . . .. . . Depende.nt and delinquent children .. . ............. . . ·: ... ... . All felomes..... . ........ . ..... Second Monday m Apnl

Second Monday in October ..

$500 . . .. .,, .I None ..•.

$500. . .I All misdemeanors (17 up).

~~~eat~:::: 1· N~~~ .'.'::::I ~~~=,;d~,;t ;.;,d d~ii~qt;ent ~hilrl re~ : $500 up. . . . . . . . . . . . . . . . All felonies ...

No regu lar tenus ...

First Tuesday in February First Tuesday in Ma.v First Tuesday i'l August First Tuesday in November.

. se~~~d Tu~~riay i·1 M.~~~~; . Second Tnesrlay i11 Oc:toher . .

Basic, $3 .50 Garnishment, attachment, replevrn a •~rl

$10

Basic, $3.50, .plu~· p~~ta.ge .... . · . . · · · · · · .

Appeals to circuit court, $10 Certificates of notice of appeal, $0.7.1

Basic, s .;

Claims not exceeding $100, $!l

r- 1 rp~~

For arlrlitionl\l $50 over $100 or a part thereof an additional fee of $1.25 is charged with rnaximun1 fee set at $lfl -

*The legislature has established genetal statutory fees for ~everal courts of the state. Unless otherwise stated above, the general feeR of th t! col t l"t." a"c a.s follJws: Cil'cnit court fees are establisherl by §28.241. The jurisdjction and fees of the various courts of" record are the same as the circuit f'Our-ts unless otherwise i ·tdicate;. T tu! ge ·tera.l .-:.tat·1t,es prodde that the fees in the COUtlty courts of counties having less than 150,000 population shall be $7.50 basic fee and for appeals to or from the county court may be $3 .. 10. lr1 o '" '' t i<•s ov··" I i'l,O I) i ·t p1pul~tino, the basic fee noay be $ti. delinquent tenant, S4, and all other fees the same as in the circuit court. The general statutory fees for srnall claims cou r·ts ar·e $3 .?)0, basic foe . n.'l .J $ 10 for :.{:\rni~h . ncnt, attachment, replevin o1· dis tress.

Cl:l CJ1 00 00

COUNTY

JACKSON Justice of the Peace Courts:

District 6-Marianna .. .. . District 12-Malone .... .

Small Claims Court .. . .. .

County Judge's Court. Juvenile Court . . .... . Circuit Court (14th) . .... . . ... . .

JEFFERSON Justice of the Peace Courts:

District 5-Lloyd .......... . . District 6-Monticello ....... .

Small Claims Court . . .. County Court.

County Judge's Court. Juvenile Court ... . ..... . Circuit Court (2nd) . .... .

LAFAYETTE

TRIAL COURTS (Continued)

CIVIL JURISDICTION I

Exclusive Concurrent

. ... ....... I $100 ...... .

. . . . . . . . . . . $100. $100-$300... $100 .... .

CRIMINAL JURISDICTION and

JUVENILE JURISDICTION

Committing magistrate only . . . . . •.• Committing magistrate only. None .. ... .... . .. . .... . . . ....... .

Probate . .. ·1 $100 . ..... ·1 All misdemeanors (17 up) ... .. .... . . . None. . . . . . None. . . . . . Dependent and delinquent children ... . $300 up . . . . . . . . . . . . . . . . All felonies ... . .

$100 .. . ... . $100 . ..... .

Committing magistrate only ..... . . Committing magistrate only . . . .

$300 . .. .. . . None ... . .................. .. . $300-$500 ... $250 ...... . All misdemeanors (17 up) . .. .. .

TERMS OF COURT

No regular terms.

Second Monday in May Second Monday in November ... . ... . . . .. .

. N~ ~~g~i~~ ~;~~: :::::: . Third Monday in March Third Monday in June

Probate ....

1

........... . None ..... . None . . ... . $500 up ....... . ....... .

Third Monday in September Third Monday in December ... ..

~~~=~d~~i ;.;..~j d~ii;..q-,;.;n:t· ~hild~~~::: :j:::::::::::::::::::::::::::::::: :·::::::: All felonies . . . . . . . . . . . . . . . . . . . . . . . . . Fourth Monday in April

First Monday in November ..... . ... . • .. . .

Small Claims Court. .... . . . . ., . ...... .. . .. , $100 .... ... I None ............ . ..... . ... ....• . . . I No regular terms .... .

County Judge's Court. Juvenile Court .. . . .. . Circuit Court (3rd) . .. .

LAKE Small Claims Court .... . . . • .....

County Judge's Court .. . . . • ..... Juvenile Court .. . .. . Circuit Court (5th) ..

LEE Small Claims Court . .. . . . .. ... . .

Probate ... ·1 $100 ...... ·1 All misdemeanors (17 up) .... .... . None. . . . . . None. . . . . . Dependent and delinquent children. $100 up. . . . . . . . . . . . . . . . All felonies ....... .

· · · · · ············ Second Monday in January Third Monday in July ....

$100-$500 •.. I $100 ...... . None .................... . ......... I No regular terms ....... . .. . .... . . . ... . . .

All misdemeanors (17 up) . . .. . . . .....

1

..... . .. .. . ..... . .... . . . . . . . . . .... .. ... . Dependent and delinquent children ...... . ....... . .............. . . All felonies . . . . . . . . . . . . . . . . . . . . . . . . . First Tuesday in May

First Tuesday in October.

Probate ... ·1 $100 . . .. . . . None ...... None .. . .. . $500 up .......... . . . .. .

$495 . ..... . None. No regular terms . . . .... . . . .. . .

County Court ...... . . . ... . . . ... I $495-$500 ... 1 $495 . ... . . . All misdemeanors (17 up) .......... . .

FEES*

Basic, s:i:5o . . . . . . . ... . ............... . . Garnishment, attachment, replevin, and distress,

$6

· i3a.sic, · S4

Basic, $2.50 Garnishment, attachment, replevin, and distress,

$5

Basic. $4.50 Garnishment, attachment, replevin, and distress,

$10

Basic, $5 Garnishment, attachment, replevin, and distress,

$10

County Judge's Court .•.... . ..•. I Probate . .. . None ......... . ..••..••.. · . .. . . . · • ·

Third Monday in January First Monday in May Third Monday in July Second Monday in October . .. . ......... ·I Basic, $10

..... . ..... ········ · ········· ······ · ····· ······ ········

·- 1:>:> ·. <:71 00 ~

Juvenile Court ............ . ... . Circuit Court (12th) .. .

LEON Justice of the Peace Courts:

District 1-(Inactive) ........ .

None ...... 8500 up.···

None ...... Dependent and delinquent children .... 1 ............................... ..

All felonies . . . . . . . . . . . . . . . . . . . . . . . . . Third Monday in April First Monday in November .. ..... .

District 2-(lnactive) .. ...... . Small Claims Court . ........... . ·sioo~ssoo:.: ·sioo::::::: ·N.;.;~::::::::: :::::: :::::::::::::: : ·N.; ~~P;~i~~ t.;~.;,~::::: ::::::::::::::::::: ·ci~i.;,~·.;.;i ~~~~~di;;g s2oo: $3 · · · · · ·· · · ·· · · ·· ·

. Claims over $200, $5 County Judge's Court . . . . ....... , Probate .... $100 . .. .. .. All misdemeanors (17 up) .... .... ... ... . .................... . . .. ........ . ..... . . . ....... . ........................•.. . . Jl)venile Court , . ·. . . . . . . . . . . . . . . None. . . . . . None. . . . . . Dependent and delinquent children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . ...•.....•..... Circuit Court (2nd) .. .. . . . . . . . . . $500 up. .. . . .. . . . . . . All felonies. . . . . . .. . . . . .. . . . . . . . . . . . First Monday in June

First Monday in December . .. ..... . •....... . ..........•......•................ • .....•

LEVY Small Claims Court ........ . .. . . $100-$300 .. . 1 $100 ...... .

County Judge's Court ... . . .. . ... , Probate . ... , $100 ...... . JuvenileCourt . . ·.: ............. None ...... None ..... . Circuit Court (8th) .. .. .. . . .. .. . $300 up.. . . . .......... .

LIBERTY Justice of the Peace Courts:

District 1-Bristol. .......... . $100 ...... . District 4-Hosford . .. .... . .. . $100 ...... .

Small Claims Court ............ . $100-$250 .. $100 ...... . County Judge's Court ..... .. ... . Probate . .. . SlOO .. . ... . Juvenile Court ....•............ None ..... . None .... .. Circuit Court (2nd) . . .......... . $250 up ... .

MADISON Justice of the Peace Courts:

District 1-Madison ......... . $100 . .... .. District 2-Madison ...... . .. . SlOO ..... ..

None ... . .. . ............. . .. . No regular terms . ....... .. ..... . ... .. .. .

AU misdemeanors (17 up) ............

1

. .................................. . . . . . Dependent and delinquent children. . . . No regular terms . . ... ...... . . . ... ..... . . All felonies . . . . . . . . . . . . . . . . . . . . . . . . . Second Monday in March

Committing magistrate only ... . ..... . Committing magistrate only ......... . None .... ... ..... ... .... .... ...... . All misdemeanors (17 up) ......... . . . Dependent and delinquent children ... . All felonies ........................ .

Committing magistrate only .. . .•.... . Committing magistrate only ....•.....

Second Monday in September ....... . .• . . .

No ~g~i~~ t.;;~:::::::::::::::::::::::: No ~~~i~~ t;;;.;,~:::::: :: ::::: : ::: : :::::: Second Monday in May Third Monday in November ... . . .. .. .. .•.

Basic, $3 not including service, plus postage Garnishment, attachment, replevin, and distress,

$5

District !i-Greenville ...... .. . Small Claims Court .. . . . . . ..... .

Committing magistrate only . ........ . None ..................... .

$100 . .... . . $250 ..... .. ·No ~~g~i~; i~~.;,~::::::::::::::::::::::: :1· :B~k· siso

Replevin, $10 County Court .. ................ 1 5250-$500 •.. 1 $250 ....... 1 All misdemeanors (17 up) ... .

County Judge's Court ...... . .. . . , Probate .... , ........... . , None .... . ... . .................... . Juvenile Court................. None...... None...... Dependent and delinquent children . . . . Ci~cuit Court (3rd). .. .. .. .. .. . . $500 up. .. . . .. .. .. . . .. . All felonies ........................ .

MANATEE Justice of the Peace Courts:

District !-Palmetto . . ....... . $100 ...... . $100 or 3 months . ......... . . .. .. . District 6-Bradimton .. ..... . $100 ...... . $100 or 3 months ...... . .. . .. . . . . . .

. District 11-Parrish ....... .. . . $100 ...... . $100 or 3 months . . ..... . . ....... . Small Claims Court .. .. .... . $100-$300 .. . None ......................... .

Fourth Monday in January Fourth Monday in April Fourth Monday in July Fourth Monday in October . ..... . .

Fourth Monday in March First Monday in October: .......•... . ....

·No ·reil~iar ;.e;.;,~: : : : : :: :: :: :: :-: :: :: : : : . .

"·:· ~

. Basic: s3.'5o· . ..... . ........... ' .

*The legislature has established general statutory fees for several courts of the state. Unless otherwise stated above, the general fees of the courts are as follows: Circuit court fees are established --by.-§.28.24L----The-.jurisdiction-aBd -fees of- the .. ¥f•rious -aou,-ts of record are the same as the circuit courts, unless otherwise indicated.- The..general.s.tatu.tes..p.ro.l1ida.that. the. lees. in_th.e . ..C.Qull.tyc.c.ourts

of counties having less than 150,000 population shall be $7.50 basic fee and for appeals to or from the county court may be $3.50. In counties over 150,000 in population, the basic fee may be $6, delinquent tenant, $4, and all other fees the same as in the circuit court. The general statutory fees for small claims courts are $3.50, basic fee, and $10 for garnishment, attachment, replevin, or distress.

eo ClC c.o 0

CIVIL JURISDICTION COUNTY

Excl •1sh·e Conrurre,tt

MAN\TEE (Co·· ti·•ued) Small Claims Court (Continued)

County Court .. ..... . . ..... . ..• I $300-$.500 .. I Sl00-$300.

Countv Judl(e's Court . ... .• ... .. Jnve ile Court . .............. . Circuit Court (l:!th) .......... .

MARION S111all Claims ~ourt .. ....... . . Cou• t •· .Judge'• Court . .... .. .. . Juve· ile Court .............. . Circuit Court (5th) ............ .

ARTIN ·•Justiee nf the Peace Courts:

Distlic·t 2-Stuart . . ....... . Di~td(•t 4-l·tdiarttown., ... .

Small Clailus Court . . .... . , . • . .

County Court . . ... , ....... . . .. .

Probate ... .

1 . .. ....... .

Nn· e ..... None ..... . $500 up.... . . .. ... .. .

$11l'l-S!l50. Probate ... . No e ..... . $350 up .. .

'IIJil . ..... . ~I'Y.l . . .. .. None ..... .

$100 .... '. $ 11J1l ..•.•.. $500 .......

$500 .......

Count.v Jud!!e's Court .......... ·1 Probate ... . Juve· ile Court . . .. .. .. . .. . .. . . No"e ..... . Circuit Court (9th). . . . . . . . . • . . . $500 up ... .

ioi~~~::: :::

MONROE Justice nf the PeacP Courts:

Dist ·iot 1-Key West ...... , $1'10 .... .. Dist ·iet 2-Kev West ....... . ~11}1 . .. . .. . Dist iet :!-Marathon ...... . . Small CJai,us Court .... . , .... . siOO:i25o

~1'YI .... .. SlOO ..... .

Countv .Jud~te's Court ..........• Probat.P .. . $1()1) .... .. Jm·e· ile Court. . . . .... ....... . None .... . None . . .. . Criminal Court of Record ... ... . None ..... . None ..... .

TRIAL COURTS (Continued)

CRIMINAL Jt.:RISDICTION a ··d

Jl:VENILE JURISDICTION

.\11 misdemea:>ons (17 up) ...•.......

No,e .. ... .. . ...... . . .... .. .. . .... . Deue"de" t and dclhquent chillren . . . All fclouies .... . ... ....... ........ .

N<>"e . .. . ....... .. . .. . . . .....•.... .\ll o is le111ea'lors (17 up) ........ . . . Depe ·de t a'ld doli 1quent chil:lren .. . All fclo:lies ...... . . . ....... . ... . .. .

TERMS OF COURT

Reco'lc! llfo'ldav i" February Secn'ld l\lo.,da .. i Mav 8eco'lc! Mn'ldav i · August Second Monday i 1 Nove.uber ... , ........ .

. ~~,;~ci ~i~~.i~;. ;' : M-~~~h . ...... ... .. .. . . Third Monday iu October . •.....•........

No regular terms ........... ............ .

Fi :,·t "r;;e~d~;· i..; ',\ r;.:jj .................. . Fitst Tuesday in October .............• , , ,

Committhg mal!'i•trate O"IV . ••. , ..•. .

1

....................... ............ .. .. Coum,itti lg magiHtrate only . .. . ....... . . . .. ....... . ............. .. . .. ....... . None ... .. .......•...•.... , . . . . . . . No regular terms .......... . . ... ........ .

All misdemeanors (17 up) ........•..

No'le ............. ... ............ . DPpe·•de"t a'ld delhquent children .. . All felouies . ...... .. , ......... . ... .

Comn, it.ti"g ma~<i•trate o-lv .... , ... . . Conn itti sc m&J!!ir4"ata o lv . ........ . :1111'!1 or 90 days. (137.24 F.S.) ....... . None ..... . ....... .. •.. .. . . .•..... •

No'le . . .......................... .

Second Tncs-iM• h February %co~d Tuesia,· i • 1\Iav ~co·1d TuPsia" h Aug11r:-t &ocond Tuesday i 1 No,·ember .........•.. _

o;;,~~.;d . ,;1~~~~;; i," :r~;,~· ............... . Second Tuesday in January ............. .

N~ ~i~i~; t,.;~~ ::: : ::: : :::::::::::::::.

Depe'ld•·•t B~~ c!elhquent children ... I .. ........ ... ·: · · · · · · · · · · · · · · • · · · · · · • · All except capttal........ .. .......... Se'ond Mnndav ,., Jl\'lnary

S.cond Monday in March

FEES*

Garnishment, attachment, replevin, and distress, $10

Basic, $3.50

Appeals to and fro.n circuit court, $10

ci~i ;~~ ·.;~i ~~c:., ;i· i sir.:,: s:.· · · · · · · · · · · · · · · · · Chi '" ov•r :lll'l'l hut not excee.lhg $300, S6 <lai •" over $1'10 :!t8 G .mi .h .•. ent, attachment, replevin, and distress,

$10

&.ic, $8.50

Law and chancery, $13.50

R..;.i~." s1.5o ............................... . Gar if-llune-tt, attachment, replevin, and distress.

$10

01 Cll CD ....

Circuit Court (16th) ............ 1 $250 up .............. ..

NARR.\U Justi"~ of the PPaee Courta:

Ui.<t.iot 1-Y ul..., . . ........ , .. Dbtdet 5-Callahan .... .... . Dist .ict 6-Hilliard ...........

1

......... . Small Clai.us Court . ........... . · S10'1-SaOO Cowot_,. Judge's Court..... . . . . . . Probate . .. . Juve· 1le Court .... . ... ... .. .... No'le .. . . . Circuit Court {4th).... . ........ $300 up . . .

OKALOOSA JusticP of the PPacP Courta:

lJist ,-ir.t 3--C'restdtaw. . ..... District 6-Fort Walton Beach

~100 ..... .. $100 . ..... . SHY! ..... . SJO!l .... .. 5100 ...... . None .... ..

$100 .... .. $100 ...... .

Small Claims Court . •... •.•. .. . SIOO-S300 .. I s1oo ...... .

Count'• Jud1<e's Court ....... . , .. Juvp• ile Court ......... , . Circuit Court {1st) .. , ..... :: :: ·

Probate .... , $100 .... .. Nnr1e ...... None . .. . . $300 up ..... . ......... .

OKEECHOBEE Small Claims Court ...•........ $250 ......

County Court .................. I $250-$500 •. $250 ..... .

Countv Judge's Court .......... . J,,ve~i)e Court ............. .

Probate ... . No·le .. ... . N~,;~: ::::

Circuit Court {9th) ..........•. $500 up .. .

ORANGE Justioc of the Peace Courta:

Distriet 1- Orla'ldO ...... , ,., . SIO'l .... .. Di.t ··iet 2-Apopka ........ . SHYl ...... . Distriet 3-W inter GardPn .•. $100 ...... .

Swall Claims Court ........... . $250 ... .. . .

County Court ................. I $250-$500. $250 ......

County Judgp's Court .... ... . ... I Probate ... .

Capital. .... .... .... .. ..... . ...... . .

Committhg maJZi•trate o~l:v ........ . Conuuitti tg lll&.l!i:.!trat~ o·1lv .. .....•.. Commltti tg wsgist !-&te only . ....... . . None ...... . ....... . ..... ... .. . .. . . All uJisdemea'lors {17 up) ........ . . . Depe'lde'l t and delhquent children .. . All felonies ...................... ..

Committl~g maJZi•trate O"iY ••... ... . . Cmmuitting n1agistrate only . .... ... .

None . •... . .... ········ · ·· · ·· ····· ·

All misrlemea'lors (17 up) .......... . Depe'lde·tt and delbquent children .. . All felonies ..................... . . .

None ............................. .

All misdemeanors {17 up) .. •.........

No'le .... .......... ............ ·· ·. DPpe~rl•~t and delinquent children ... . All felonies ...... ...... .......... ..

$1 f)') or 3 mo.,ths (§17.1'11 . F.S.) ... .. . $1'11 or 3 mo.,ths (§17.ot . F.S.) ..... . SHYI or 3 months (§37.ot, F.S.) .....• . None ............................. .

None ............. . ............. ..

None ...................... . ...... .

SM!ond Monday In May Second Monday in July

~ond Mo'lday h Sentember 'l<>co'ld Mo'ldav h November . ......•• •• .. Thi rd Mo'ldav h Awil Third Monday in October .....•.•••...•• . Law and chancery; $15

N~ ·,.;,it~i~; t.;;~: ::::::::::::::::: :: ::: I i3~i~.'$3.5ii ............................. · ·. Tl;i~d·M~~ti~\."i~· A·.;..u .................. . Third Monday in October •......•.... . ...

No regular terms ............... . ....... .

L~i 'M'~.;d~y ·i~· A'p,.ii ........ .. ... ..... . Last Mo'lrlaY h Au1<ust Recond Monday in December , , .• •••• . , .. .

Basic, S3 Ga r· ishment, attachment, replevin, and distress,

S6

No regular terms ....................... . 1 Bl\•ic, 53.50

Second Monday h March Recond Mo'ldav h Ju'le Seco'ld Mo~dav h September Second Monday in December ....... , , , .. .

s~~~,;d·;.;,;,s~~~·i,· Ap;ii ................ · Second TuesJay in November .... . . ... . . .

oa ... ·isluuent, attachment, replevin, and distro ... $10

Criminal docket fee. $10

Law snd chancery, Sll

l'ii~;.;,it~i~; t.;~: :::::::::::::::: :::::: : I · B'~ki.5 .................................. . Gar"bluuent, attachment, replevin, and dbtress,

$10 F'ht MMdav h Mal'l'h Fi "At Mu'ld&\' h Ju•1e Fi ,t 1\fo~clav h R..ptember Fi,,t Monday in December .. ...... . ..... . Basic, S7

• The le~~:islature has I!Stablished ge ·•et'l\lstatutory fees for severll.l courts of tile state. U .less othurwis• stated above, tile !!O'teral f""s of the courts are as fJll ows: Ci•·cuit court fees are estahlishod bv §28.241. The jnrisdietion a.,d fees of the vaoions courts of record are the sallie as the ci-cnit cou rts, u less otherwise 11dicated. The ge'leral statutes provide that the fees h the county courts of counties having les.• tll&'l 150,()()') f)Opnlat.ion shall be S7 .. t;0 basie fee B'ld for appe~IJ to or from the OOII " tY eourt 1/lav be sa .. ;o. h COU'lties over 15'1/ ll'l i \ populatio'l, the basic fee mav be sr., deliuquent tenant, $4, and all other fees tl!e same as in the circuit court. The general statutory fees for small clailll8 courta are $3.50, bas1c fee, and $10 for garnisluneut, attachment, replevin or distress.

e.,) 01 tO ~:'-:)

COUNTY

Olj*~~fe ~~~\i·n·u~d) .... .. ..... ~ Criminal Court of Record . .. .

. Circuit .Court (!lth).

OSCEOLA Justice of the Peace Courts:

District 1-Kissimmee ....... . District 2-St. Cloud .. ...... .

Small Claims Court .. . ...... .. . .

CIVIL JURISDICTION

Exclusive Concurrent

None ..... ·I None ..... . None .. · ... . None ..... .

TRIAL COURTS (Continued)

CRIMINAL JURISDICTION and

JUVENILE JURISDICTION

Dependent and delinquent children ... . All except capital. .............. . ... .

TERMS OF COURT

. &~~,;;(:M~t;d~y·ln" J~~;,~·ry .......... • ... . Second Monday in March Second Monday in May First Monday m July First Monday in September First Monday in November. . . .. .... . . .

$500 up . . . . . . . . . . . . . , Capital ... . . . . . ..•.•.. . . . ... . • ... ... I First Monday in April Third Monday in October . ..... . . . . . .•...

$100 ...... . $100 . • ..... $250 ...... .

Committing magistrate only ......•...

1

........ .. ................. . .... . ... . . Committing magistrate only. . . . . . . . . . . ..... . ............. ; .. .. . . None. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No regula r terms .. . ...•.•.. • ...

Coun,ty Court .... . . ............ 1 $250-$500 ... 1 $250 ....... 1 All misdemeanors (17 up) .. .. ....... . Second Monday in March Second Monday in June Second Monday in September

County Judge's Court ...... . Juvenile Court . .... .. ..... . Circuit Court (9th) ... . . .... . .

Probate ....

1

........... . None ...... None ..... . $500 up ..... . . . . . ..... .

Second Monday in December ............ .

~~:~d~~i ~~d d.~ii~q~er{t. ~hlld;..;~::: :I·::::::::::::::::::::::::::::: :::::::::: All felonies. . . . . . . . . . . . . . . . . . . . . . . . . Third Monday in March

!':·

PALM BEACH Justice 9f the Peace Courts:

District !-Jupiter .. .. . .... . . District 2-West Palm Beach . . District 3-West Palm Beach . . District 4-Lake Worth . . .... . District 6-Delray Beach ..... . District 7-Canal Point ...... . District 8-Belle Glade ...... .

Small Claims Court ............ .

County Court .. . ... ..... .•.....

$100. $100. $100 . . . . . . . $100 .... .. . $100 ...... . SIOO .... . . . $100 ...... . $500 . . . . .. .

Committing magistrate only ......... . Committing magistrate only ...... . .. . $100 and/or 90 days (Chapter 28838) .. $100 and/or 90 days (Chapter 27209) .. $100 and/or 90 days (Chapter 27209) .. $100 and/or 90 days (§37.24, F.S.) ... . $100 and/or 90 days (§37.24, F.S.) . .. . None ...... .. . . ............. .. . . .

$500 ..... . . \ None ... ...... .... . · .. . •.. , ... . . . .

County Judge's Court . .... ..... ·1 Probate .... I .... ........ I None .......... ·· ··· · ··············· Juvenile Court ......... . .. .. ... None ..... . None ..... . Dependent and delinquent children ... . Criminal Court of Record . ... . .. None . ..... None ...... All except capital. ............ . . . .. . .

Circuit Court (15th) . ... .... . .. . $500 up .... 1 . . ... .. ... .. 1 Capiial. .. .. .. . . . .. ... . . . .. ........•

Third Monday in September . .. .......... .

· N~ ;.;,g;,ia~ i,;;~~: :: : : :: :: : : · · · ·

Second Monday in January Second Monday in April Second Monday in July ........•

F-i.:,'t' M~,-.d~y in' J~~;;a·ry. · · . · · · . · · · · · . · .. First Monday in March First Monday in May First Monday in July First Monday in September First Monday in November .....•..•....•.

First Monday in March First Monday in October .

FEES•

· i3..;.i.;, · sis·o · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Garnishment, attachment, replevin, and distress,

$7 Supplementary proceedings to garnishment, $3.50

· Ci~i~~ ·,;~i ~~~~~dir{i $1oo·. ·$4. · · · · · · · · · · · · · · · · Claims exceeding $100 but not exceeding $300,

$6 Claims over $300 but not exceeding $500, $8 Garnishment after judgment, S6 Garnishment before judgment, attachment, re­

plevin a.nd distress, $10

Basic, $10

Law and chancery, $12.50

~ 01 1.0 ~

PASCO . Justice of the Peace Courts:

. District 1-Dad~ City .. ..•...... District 2-New Port Richey .. District 3-'-Lacoochee ...... .. .

Small Claims Court.

$100 . ..... . $100 .... . $100 .. $250 ..

County Court ......... ...... ... I $250-$500 ... 1 $250 ..

County Judge's Court .... ..... . ·1 Probate ....

1

.......... .. Juvenile Court . .......... . . .. .. None ...... None ..... . Qir~1.1i~ Court (6th). . . . . . . . . . . . . 8500 up .. ..... . .. . ... . .

PINELLAS ,Justice of. the Peace Courts : · District 1-St. Petersburg . ... .

District 2--<::learwater ....... . . District 3-Safety Harbor .... . District 4-Tarpon Springs ... . District 5-St. Petersburg .... .

Small Claims Court .. .. ........ . County Judge's Court ......... . . District County Court ........ .

·i>~oio~ie::::

$100 ....... $100 .. $100. $100. $100. $100.

Committing magistrate only ......... . $100 and/or 90 days (§37.24, F.S.) ... . Committing magistrate only. . ... . None ..... . ... . ... . ..... . .... . .... .

All misdemeanors (17 up) . ... . . ..... .

None ........................ .. ... . Dependent and delinquent children . . . . All felonies . .. .... .

Committing magistrate only ......... . Committing magistrate only ...... . Committing magistrate only ... . Committing magistrate only .. Committing magistrate only . . . None.......... .. ...... . None ... . ......... . ......... . All misdemeanors up to $500 and/or

6 months. Can hear only guilty pleas and non-jury trials ...... . . . .

No regula; terms . . .. . . . . .... .

Third Tuesday in January Third Tuesday in April Third Tuesday in July Third Tuesday in October ...... . ...... . . .

First Tuesday in April First Tuesday in October .... . .•

. NO ~~guiSr' ~~~s: .... · · · · .. .. . . . ' .. ' ... .

Civil and Criminal Court of Rec.ord ..................... . $100-$5000 .I. .... . ...... I All miSdemeanors (17 up) ........ . .. . Second Monday in January

Second Monday in April Second Monday .in July

Juve.nile Court . . .. : .. ... . ...... ·I None .. . .. . Circuit Court (6th). . . . .. . . . . . . . $5000 up .. .

POLK Justice of the Peace Courts:

District 1-Mulberry .. . . . District 2-Frostproof . . . . . . District 3-Auburndale . .. . District 4-Winter Haven. District 5-Lakeland .....

Small Claims Court ... .

None ......

$100 . . ... . $100 .. $100. $100 ... $100 . $300.

County Court ......... . ....... . I $300-$500 ... 1 $300 .... . . .

Gounty Judge's Qourt .......... ·I Probate ... . 1 .......... ..

Criminal Court of Record. . . . . . . None. . . . . . None ..... .

Second Monday in October .......•....... Dependent and delinquent children . . ..

1 ......... .. ...... .. .....•..... · · •

All felonies. : . . : . : . . . . . . . . . . . . . . . . . . First Monrlay in May

Committing magistrate only . ...... . Committing magistrate only .. . Committing magistrate only . . . Committing magistrate only . . . Committing magistrate only .. None ... . . . .

Committing magistrate only . ... .. . .. .

None .. -........ . . . All. except capital. . . . . . .. . . . .

First Monciay in December .....•.. . ..• . . .

No regular terms.~:·.:·.:·.: ~ :~. . ...

First Tuesday in February First Tuesday in May First Tuesday in August First Tue$d&y in Decemb~r .. .... . .. . . . .. .

. T'hi~.i. Mo~ci,;:Y ·i;,· j~;,;,~;.y .... .. ... ...... . Fourth Monday in March Third Monday in May Third Monday in July Third.Mm.ld!IY .ill September .. Third Monday in November ...... .. ..... .

· Ba~i~. · $:i.50 Garnishment, attachment, replevin . and distress ,

$10

Basic, $10

Law and chancery, $15

· i3;.~ic, · s3.5o

Law and chancery, $15

· Ci~i..;,~ -~~i ~~~~~ciin'g sroo: $i!.5o · · · · · · · · · · · Claims over $100 but not exceeding $300, $5 Garnishment, attachment, replevin, and distress

$10

Basic, $6 Landlord, tenant, 34.50

. co.'· .. . *The .legislature has established general statutory .. feeafor several courts of the state. Unless otherwise stated above, the general.fees .of. the .. courts .are as follows: . Cireuit.court .. feeso are established by ~28.241. The jurisdiction and fees of the various courts of record are the same as the circuit courts, unless otherwise indicated. The general statutes provide that the fees in the county courts of counties having less than 150,000 population shall be $7.50 basic fee and for appeals to or from the county court may be $3.50. In counties over 150,000 in population, the basic fee may be $G, delinquent tenant, $4, and all other fees the same as in the circuit court. The generalstatutoty fees fbr small claims courts are $3.50, basic fee, and $10 for garnishment, attachment, replevin, or distress.

co CTI ~

"""

COUNTY

POI.K (rontinuP.d) Ju,·<>nile and Domestic Relations

Court . . . . . ........ . . . Circuit Court (lOth) • •.•. •. .•. ..

PT.i'TNAM Ju~tiN• of the p...,... Conrta:

Ili.•t · i•·t 1-Cn .. ro~t City • .. . llilotdo•t 8-Pnl,.tka . . . . . ..... .

fln .all C"lllinoa Court. ..•.•.•.•.. Count,· Jmhre'a Court ..... .. ... . Ju,·e· ile Court . . . ......... .. . . Circuit Court (7th) ..•...•. ..•. .

ST. JOHNS Ju•tirr uf the PPa<'e C"ourta:

Ui.-lt .. iC"t n -St. Au~ruflltine . .... . l>ilot riPt 11-lla.otinp . • . •.. .•

Small Cl!iiwa Cuurt . .. • .• . . . . . .

C"l\"11. JURIRDICTION

Exrl•u~i,PP

None ..••• $500 up .•..

~ioo:~:ioo: Probate . • . None . . ... . $300 up .•.

. $ i oo.:$250.

' Concurrent

None ••••• .

$11l0 ..•• •.. SIOO •. • .• .• $1110 .• . •.• :JIOO .••••.• None ..... .

$100 ...•.• $100 .•.•.. $100 .. ... .

TRIAL COURTS (Continued)

CRIMINAL Jl.:RISDICTION and

Jl.:VENILE Jt:RIRDICTION

Depnntlcnt and delinquent children ... . Capital. • •. •..••. .. •.•.•.•.•• • . . .•..

r'ommitth11 mari•trat.. o'll:V •. •.•••• • Comn •itti tg tu&Jtitstrate only ........ . . No..,e ... . . . ... . .. . ............. . All misnemea'lora (17 up) .. ........ . DPJJ<l••de··t and de!i .tquent children ... . All felonies . ..... . .. . .. ...... ..... .

TERMS OF COURT

· ri~~· ;.·,;~&;: &ii .. ~· i.;~ ~~.i · 1\i~~.i&;:i~· · Man'h

f"il1't T•oP.tlday after the second Monday in Octuber .•.•••.....•.•.•.• . ..•.•.•.• .

FEES*

Law and chan<'ery, $12.50, plua $0.25 per de· fendaut over five

. N.; ;,;i;,~; i~;~~:::::::::::: ::: :::::::: .1· 8~i~.·$:i.5ii ....... ... .. ... .. .. ............ .

. ~~~.i. M~~.i&~.:i~· M~;~h ............... . Second Monday in October •..•.•.•.•.•.•.

Committhg maoiatrat.. n'lly •• . •. .• .. .

1

.............. . .. . ..... ....... . . .. .... ..

1

........... ...... ..... ......... . .... . .... .. . C'"nnuuittiaa n•agistrate only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ................................... . None. • • . • . • . . . . . . • . • . . . . . • . • . • . • . . No regular terma. . • • • . • . • . • . • • • . • . • . • . • . S...ir, $.'1.50

Garo U.hment, attachment, replevin, and distress, $10

County Jmll!l"'• Court .. •. . , •.• , ·1 Pmhate .• . ·1 SHJO ••.••• ·1 All misnP.mPa'lora (17 up) ... : . .. .. .. ·1· .............................. .. .. · · · .. ,. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Jm•e•·tiP Cnurt .. ..•.•. • .• •.. . Nn"e . . ... None..... n~J.l('· •ne·•t and deb >queut chiltlren . .. . . .. ... ................................. . ............................. .. .......... 0

Circuit Court (7th)........... .. $250 up... . . . . • • . .. . . AU Monies. .. ........ .. . .... .. . .... Fi · .. t Mo~day h Ju'le Second !\lontlay in November .. . . . . . • . • • • . . .• .• .•••.•• •...• • . •• ...•. •.•.•.• .•. •. •••.•.

ST. Ll.'f"TE JuotiM." nf th~ PPace Courta:

l>istdf•t 1-Fort Pi~rre . . .... . Distril·t 2-Fort Pierce .. ..... .

Swan Claiwa Court ... •. •.•. • . . .

$100 .•...• , Committhg mal!iatrate only .• ...• .•. .

1 .......... . .. ...................... .... .

S!OO...... Comn.itti:og ruagi.!trate only . . ... . . . ........... . ......•.......•.....•...•..•.. $500. . ... . . None......... ... ... . . . . ... .. .... . . No regular termo ....... . . ... . ... ....... .

County Conrt . • .• • •••.••...•• . . f . ••• •••• •• •. f $500 . .•.•. • f All mildemeanot'B (17 up) .•.••... •... Thh! Mondav h March fi .. t l\lo~da,· h .loi'1P Third M•nda,· h So1>tP.mMr Second l\londay in Deceuober •.•••••••••. .

Count.'·Judl!l"'eCourt ......•.. . . l Prohate .... l ........... l None .. ........ ....... . .... , . . . ... .. l ...... .......................... .. .... . Jm·erul" Court . . . . • .• . • . . .• . . No· e ..•.. None .•. ... I>••J•,.,nr·•l and delinquent cluldren. .. . . . . ... . .. . . . . . . . ... . ......... .. .... . Circuit Court (9th) , .... . . . , . • . . $500 up. • . . . . . • • • . • . . All felonies. • • • . • • . . . . . . • . • . • . • .. . . . S....ond Tn .. na~· h F~hruary

S..cond Tu"''UaY iu September ....•. . • , . ...

SANTA ROSA Ju•tire nf thP Pe&CP Court&:

DU.trio·t 1-Milton .. ......... . Dilotriet 2- Bagdad . . . . ...•. . . District 3-Jay .. •• . ...• .• . . .

$100 •.•..• I Ccmmitthg m&~~:U.trate only .•. .. ... .. $100 . ... ... Comn.itlhg mal(istrate only ......... . $100.. . . . . . Committin& magistrate only ••...•....

· ci~~.~~ ·~~i ~~~.if,'Ji si iii>: 14· · · · · · · · · · · · · · · · · Clai •·• over $lll!l but not exceedhg $3'Y.l, $6 Clai ·•• over $30J but not exceedi 11 $5:!), $8 Garr.i.ohment, attachment, replevia, and distreao,

$10

Cl) Q1 f.:> C/1

DJ.trlrt 4-Gnlf Breeze •••••.•. SmaU ClaiJUs Court ..••...•. . .•. • . . ..... .. .. .......... .. · · .. · · .......... · · · · .. ,. · · · i.i ·i:i.&i ...... · · · · .. · · .. · ·: · · · · · .. : · · · · ·

SHill. ...... , Commtttmg ma~~U~trate only ••. ... • I No regular terms ... . ... ... . ........... .. ~r' bment attachment, replevm, and diStress, SJOO.. . ... . None ... . .... .... · · .. ·· ···· .. ··· · ·· a~~ •

f"ounh· .Jnrlge'.- Court .......... . JII\'Pnit" Court . . ... , ........ . Circuit Court (1st) ........... .

T'robRt<' .... Nonp , , . . $100 up . . .

~100 . . . .... 1.-\U ~risrl<'mea~OT'8 (17 np) ........... . None...... n .. ,.., .. nA" t and deli quca.t children ... .

. . . . . . . . . . . ..\II felo nic'l! ... . .. , ..•............ . .

SAR\!"OT.\ Ju~tir·· uf thf' Pf'Rf'P Court8 :

Diotril'l 1-~,rasota ......... . 5100 .. . ... . J)ibtrif•f 2-l.R.III"t~l , , , , , , 0 ,.,. $100 .. . .. .

Sill all Cluims Court . .......... . $2.';0 . .. .. .

County Court .. .. ...••••. ... ... I $250-$500. $250 ..... .

Co•anh· Jnrlaz,.'• bourt ....•...... Jun•• •iiP rn111t , : , ,,. ,,,,,.,, .. , Circuit Court (12th) . . .... .. .. .

SEJ\fTNOT.F. Ju"'ti··~ nf thf' PPB.t"P Courts:

Di~o~trid 3-0,·it-do . .. .. . .. .. . lH~tdrt 4--Ni. 'l ford . .. . . . . . . . Di~trirt fi-.-\ltarnonte Springs

Swall ('Jui"'" Court ... ....... . .

P;obate ....

1

... ... .. .. No"e . .. .. None ... . . $WO up.. .. ....... ..

$100 . ..... $1110 .. .•. . ~100 ..... . $250 .... . .

County Court .•••...•.....•.... 1 $250·$500 •. $250 ..... .

Count.v Judge'• Court ........... , Probate .... I .. ·· · .. ···· Ju,·Pmle Cunrt . ........ . ...... None ... . . None .... . Cirruit Court (9th) . . . . . . . . . . . . . $500 up. . . . .. ... . ... .

SUMTER JusHr.• of the Pracr C"ourte:

Pi•t .. iet 3- Willwood ...... . . DiRt ·id 5-W•·b"ter .........• Dist iet 7-Ce• t1·r II ill ....... . Distdrt 9--Coleruan ........ . .

Small Cl .. ims Court ............ .

~100 ...... ~100 .• . . . . SIOO ..... . $100 ..... . $300 ...... .

County Court .................. 1 $300-$500 I $300 .... ..

C01ant.v Judge'• Court ......•.. . . , Probate .. . I ....... .. Jn\'Pnl)f& C'ourt . . ... . ......... ~nne . . ... None . . . . Circuit Court (5th). . . . . ... ..... $500 up .. .

f'omn · itti~A: mal!istrn.te onJv ... . ..... . \omu ,itting maa?,istr-ate only .. . ...... . None ............................. .

.\II misdeweanol'l! ( 17 up) .... ..... . .

NonP. , ... . . ... .. .... .. ... ...... . . . . ll~a"'nrl•nt and <1<-linquent children .. . .\II feloa.i.,.. . .. .... .... ...... ... ... .

Comm!tt!"ll mall'!ot"'te only ........ . . Cuulll l lttJ 2 1118VI!dra.t~ o· ly .,., ... . . C'nn111dtting ruag,U.trate orJy, ...... . None . ...... .. ... ... . .. ..... .... . .

AU misdemeanors (17 up) .. .... ... . .

None . . ........ . . . ........ ..... . . . l>r•pP~dent and delinquent rhilJren .. . All fdor.ics . ...... . .. ...... . ..... . .

Committi -- a mari~tmtP onh· ...... . ,. f''orur11itti g IJ ! 81.d~t"Ste o .. )y ..•...... f'om11 itti Jl nra.l!i~tr.J.te o· lv ........ . f"omn.itti .g magi~trate only . ....... . None . ....... . . . . . . . . . . . ... .... . .. .

All misdemeanors (17 up) .......•. . .

~one ... .. ... . .. .. ...... ......... . I lPpe"d•"' and dclhquent children .. . .\11 felo nies .... .... .. .... .. . .. . ... .

~~~~ri \ i ~~.1~;, -~ft;,; ·ti.~· ~.;.;.;~.i ·M;,;;ci~); · · i"ll\'lu.v

~C"conrl l\londBv aftf.ar the second l\1onday h N->1'te1uher

N-c·ond l\lmulay afWr tlu .. second 1\forulay iu January ......... ......... . .... . .. .

No ·reg~li~; ~~J~l~: : : : : : : : : : : : : : : : : : : : : : : S,..,ond Monday h Febrnary SePond Monda)' h J•a"e SePond Monday in October .............. .

Fi · •'d•i~,;d~~.'f~ :.\p,ij ................. . Sccund Monday iu Nuvember .... ........ .

· i3 ... ~k · s3:so · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Replevin and attachment, $10

N~ ;.;.g;,i~; i.;~.;,~:: :: : ::::: ::::::::::::: :1 · h~i.~~ ·t,; si.50; ~~:w · · · · · · · · · · · · · · · · · · · · · · · · ~rond Tuesday after th~ fil'8t Monday in

Januarv ~emu! Tu.esrlay aftt'r the first Monday in

April ~n"d TuP.sday after thr first Monday in

Juh· Sero•~<l Tuesday after the first Monday in

Ootober ............ .. .............. .

,.·, ,i;,j ·-r;.~~ri~).'i~· -~·p.:;i .. . .. ........... . . Fi r~t Tuestlay in Nove111ber .... . .. . ..... . .

N~ ;.;.g;,j~; t.;;.;,~ :: :: : :::::: :: : ::: :::: ::.

Seeond Tursdav i" Frbnaary ~f'Ofld TurRrlay h ~1ay .~runci Tmmrla\· i·· :\.tiJt:'l"t Seroud Tuesday iu No\·ember .... . . . .... .

~~;d·T;,;;,ri~)· i·~· J~~;,;.-r;; · · · · · ' · · · · · · ~eond Tnrsday in Jul:v .....•..........

Claiws of SJ50 or over, $5.50

s;.:.i~. · s:i:.,o · · · · · · · · ........ · · · · .. · · .... · · · · Gar· ishment, attachment, replevin, and distae .. ,

$7.50

• The l··gislatu -e hM esta.hlishe I gJ'l·•r:l.l st ~ot.Jttory fees f1Jr ~e .,e ral co·trts 1f th,. sta.t3. U ·1l '~s Jthlrwi.ie it::t.tA l a.b Jvr•, the 1]:6 1eral fees 1f th~ co •trts a.re :\8 follo ws: Ci:c,lit co11rt fees are established bv I:!X.2 H . The j·tris lietirm a. u..l fees of t~e \·a,ri ·)•ts c r) • tr~ of · ,'1 ,r l a 4 e th~ sl. ne a.:o~ t~3 ~ i ·c 1it courts . u ·thss nthe"wise 11. iica.to1. The ge ·~e~"'al stat•ttes prod le that the fr.,"'s h the cou ... tv courts of c·01antic'S ha\'ir ·11 less tha ·• 150,010 population shall br• S7.b0 b.sic fee a •<l fur apprals too f•·oa11 th~ cou~ty court mav be $3.50, b counties O\•er 150,'111 in p 1p•alatbn, the basic f ·Je rnay be $6, delinquent tenant, $4, and aU other fees the same as iu the circuit court. The ~~:eneral statutory fees for smaU claiwa courts are $3.50, basic fee. aud $10 for garnisb.udolt, atta.ch.nent, replevin or distrell8.

. ~ ·01 ·tO ·en

CIVIL JURISDICTION ·' COUNTY

Exclusive Concurrent

SUWANNEE . ·Justice of the Peace Courts:

TRIAL COURTS (Continued)

CRIMINAL JURISDICTION · ·and

JUVENILE JURISDICTION TERMS OF COURT

District !-Live Oak ....... . ·1· ....... ... ·1 $100 ...... ·1 Committing magistrate only ..........

1

.. ..... .... .. ... . . . .................... . District 3-Wellborn. . . . . . . . . . . . . . . . . . . . . $100..... .. Committing magistrate only ... . ..... . ....................... .. .... . ......... .

S~all Claims Court. ............ $100-$500 ... $100... .. .. None .... ·"··· .. ,. ...... .. . .... . ..... No regular terms ..... .. ; .: ....•........ .

County Judge's Court ........... , Probate .... , $100 ....... , All misdemeanors (17 up) ....... .. ...

1

.. . ....... .. .................. . ... . .... . Juvenile Court ................. None ...... None ..... . Dependent and delinquent children . . .... . .. . ...... .. ............... ... . .. .... . . Circuit Court (3rd) . . . . . . . . . . . . . $500 up. . . . . . . . . . . . . . . . All felonies . . . . . . . . . . . . . . . . . . . . . . . . . Third Monday in April

Fourth Monday in October ...... . ..•.....

TAYLOR . . ·Justice of the Peace Courts:

FEES*

· ci.i.i·~~ ·,;~i ~~~.;.;cii~g· sioo: sa· · · · · · · · · · · · · · · · · Claims over SIOO but not exceeding $300, S5 Claims over $300 but not exceeding $500, $7.59 Each defendant over one, :u · · Garnishment, attachment, replevin, and distress,

additional fee of $3 over basic fee

District 1-Perry . ... .. .. . . District 3-Perry ............ .

Small Claims Court ........ . ... .

.. ..........

1

$100 ..... .. . .. .. .. .. .. . $100 ..... .. $100-$250... $100 ...... .

Committing magistrate only· .. ··· ···· · ...... '.' ..... :::::: :.::::::::::::: : :::: :1 :~:: i~ :~~ ~~:: : :::::::::::::::::::::::: ·:::::: Committing magistrate only·:·.:::: :: J N~ ~~g~j~; t.;;ms .......... ; ..... · .. · · .. · G:::.nish~ent, attachment, replevin, and diStress. None ..... · · ··· · ········· · $7.50

County Judge's Court ..... . ... :I Probate .. .. , $100 ..... .. , All misdemeanors (17 up) ............

1

..................... ............ ...... . J~ye'!ile Court ................. None ... . . •. None ..... . Depend~_ntanddelinquent children . . . .. . ·. · ....... . . ·: .......... ..... .. ........ . Cucmt Court (3rd) . .. . . . . . . .. . . $250 up . . . . . .. . . . . . . .. . All felomes. . . . . . .. .. . . . . . . . . . . .. . . . F1rst Men day m M~>rch ·

Second Monday in September ... ......... .

UNION Small Claims Court ..... .' . .... . . $100 ...... . None ........... ... ........... . .. . . No regular terms . ........ .. . ... ........ .

County Judge's Court .. . .. ...... , Probate .... , $100 ....... , All misdemeanors (17 up) . ........ .. .

1

.................................. ... .. . Juvenile Court................. . . . . . . . . . . . . None. ..... Dependent and delinquent children ............... .. ....... . .. .... ....•. . ..... . Cirm,nt Court (8th). .. .. .. . . .. . . $100 up.. .. . .. .. .. .. .. . All feloni'lS. . .. .. . .. . .. .. .. .. .. .. . . . Fourth Monday in May

· Fourth Monday in November ....•....•.•.

VOLUSIA . Justice of the Peace Courts:

District !-Osteen ...... .. . . . . $.100 ...... . $500 or 6 months (§37 .01, F.S.) ...... . District 2-DeBary .......... . District 4-DeLand ......... . District 5-Pierson . ......... . District 6-De Leon Springs . . .

; District 7-0rmond Beach ... . District 8-Daytona Beach ... . District 9-Port Orange ...... . District Io-New Smyrna Bch . District 11-Seville . ..... . ... . District 12-Daytona Beach .. . District 14-0range City ..... .

Small Claims Court . .... ....... . · sioo~ssoo:.:

5100 ...... . $100 ... 0 •••

$100 ...... . $100 ... . .. . $100 .... . . . $100 ...... . $100 ...... . $100 ...... . $100 .... . .. $100 ...... . $100 ...... . $100 . ..... .

$500 or 6 months (§37.Q1, F.S.) . . .... . $500 or 6 months (§37.01, F.S.) ...... . $500 or 6 months (§37.01, F.S.) ...... . $500 or 6 months (§37.01, F.S.) ......• $500 or 6 months {§37.01, F.S.) ...... . $500 or 6 months (§37 .01, F.S.) . ..... . $500 or 6 months (§37.01, F.S.) ...... . $500 or 6 months (§37 .01, F.S.) ...... . $500 or 6 months (§37.01, F.S.) ...... . $500 or 6 months (§37.01, F.S.) ...... . $500 or 6 months (§37.01, F.S.) ... .. . . None .. , .... .... ..... . ........... . . . :N~ ~~g~i~r' i~~~~::::::::::::::::::::::::

,Cownty ,Judge's Court ... . .. .. .. ·I Probate ... . , $100 ....... , All misdemeanors (17 up) ... : . . . .. .. . ··Juvenile Court ...... ,"....... . None.. .... None. ... . . Dependent o,nd dchnquent children ... .

·•"'·· . , .. - ,. -· .,.

..... ............................ ........... . .

Basic, $3 Garnishment, attachment, replevin, and distress,

$7.50

. .... .. .. ... .. : ....... · ... -.. .. ... .. ..... .. .. .

· ci~;;,~ ·~~i ~~~~~din'ti sioo: ·$a·.5o · · · · · · · · · · · · · · Claims over $100 but not exceeding $300, $5 Claims over $300 but not exceeding $500, $7.50 Garnishment, attachment, replevin, and distress,

$10 ' .. ' •' ' ' .

Circuit Court (7th):· . .. . , . $500 up ...

WAKULLA Small Claims Court .... . .. ..... ·1 $100-$250 .. . , $100 . . . .. . . County Judge's Court .. ,.,, .. , ..• - Frobat&-.-. -rv - SWO •... ,,, .. Juvenile Court ... .. . ........... None .. .... None . .. . .. Circuit Court (2nd) . . . . . . . . . . . • . $250 up . . . . . ........ . . .

WALTON Justice of the Peace Courte:

District 2-La.kewo.Qd ........ . .. 8" ....... .. District 4-DeFuniak .Springs. ·: .. :·:-.- ~-:·;~ · .. : District 5-Ponce de Leon ......... . ...... . District 6-Freeport . ... : . ...... , ... . ..... . District 10-Mossy Head .... ...... .. .. . . . .

Small Claims Court ............ . County Judge's Court ........ . . . Juvenile Court .... . ...... . .. , .. Circuit Court (1st) .... . . .... . . .

$100-$250 .. Probate .. None ..... . $250 up .. . .

~gg~~ : : : :- ~ $100 . ..... . $100 ...... . $100 ... .. . .

SlOO ... . . . . $100 .... . . . None ..

Second Monday in April . Third Monday in . October .... ... " . .. . . .

All felonies .... Law and chancery, $12.50

~ln,:',isd~;.;~~~;.· . (i7 ·~p) . .' .' :.;.;: ;~;.;~.:~.~~-~~~~~ar. ~r-~1 ~ -: ~:;; ;. ;.; ;..;~~.;. ;; ~: : ;. : : :: : 1 .-~a.~:~;~~!~~:-,-,-,-,-,~ ·.,· :·: ,, .. , . , .... ..... , , ... . Dependent and delinquent children .. , ... .. ..... . .. ... .. . .... ... .. .. . ....... .. . All felonies, , , , . , . , . , ... , ..... , . , . • . First Monday in March

Second Monday in September ........ . .. . .

8~~:/!!f~: :::::~~~:~t:iil~~ : -: - :·: ::: ::I :-:·-: :: : :· ::::::::: :~-: :: :-:-:-: : :::::::-: ·~ : ·-~-' Committing magistrate only .. , ...... . Committing magistrate only ... .. . , . , . Committing magistrate only, .... , ... ,

None . .... . . ... . .................. . No regular terms .... ... . . , .. , . , ..• . , , .. . Basic, $3 .75 All misdemeanors (17 up). , . ,, . . . , . . . Dependent and delinquent children ... . All felonies ... . .... ................ . · s~~~,:,xM~,;.1.;.;..·i;.; M:.;.;..· · · · · · · · ·

Second Monday in September Second Monday in January ...... . . .... . . .

<:1:) WASHINGTON ·$tOO :--. ;·: ·: : ~ ~ ·None :--.- · ; . : .... . "~:·· .- : '. ··: :·· .- : . . . :: : : : ': ;':!'- 'NO'iegular"terrii8 : --.-:-::..::':7~-':-- : -:::-:-:·~:~-~:--.".':·:1- ·-B».SIC-, ·$3 : · .. :::~·..:=.:--::·:::.:.::::c ....... ~ Small Claims Court . , ., ....... :: , ..... .... . . .

Garnishment, attachment, replevin, and distress, -::j

County Judge's Court ...... , .•. ·1 Probate, . ·--·1· SIOO,. , . . . ·1 All misdemeanors ~17 up)· .· . ; . . ·.· , .' . , .

1

.... .. · .. , ......... , ... , . : ....... , . ., ....... . J'!ve~1le Court ... : ......... ..... None .. : .· .. None.: : ... . Depende.nt _and tlehnquentchlld•e'!; ·.: .. ·: ·: .......... :: .. .. ·.· ...... · .. · : . .. . . .... . C1rcmt Court (14th) ... . .... , . . . $100 up .... , ..... , . , . . . All felomee .·. . . . . . . . . . . . . . . . . . . . . . . . Fourth Monday m March

Fourth Monday in October ............ .. .

$6 : •• • • • • • • • • • • 0 •••• • ~· • : •• ' 0 • • •• • •••••• •• •• 0 •• •• • . .... ~ . • .. .. , ~ . . . ~· ... ..... . ~ ................ . .

*The legislature has establish.edgeneral..statuto.ry fe.es for se.veral courts .of the atate . Unless otherwise Rtated above, the. generaUees of .the. courts are as.!nllows; .... Circuit court. fees are established by §28.241, The juri•diction and fees of the various courts of record are the same as the circuit courts, unless otherwise indicated. The general statutes provide that the fees in the county courts of counties having less than 150,000 population shall be $7.50 basic fee and for appeals to or from the county court may be $3.50. In counties over 150,000 in population, the basic fee may be $6, delinquent tenant, $4, and all other fees the same as in the circuit court. The general statutory fees for small claims courts are $3.50, basic fee, and $10 for garnishment, attachment, reple.vin, or distress.

MORTALITY TART.E

1958 COMMISSIONERS STANDARD ORDINARY l\10RTALITY TABLE

Your Present Age

0 . •...•.. . •. • . • .. . •... . .. 1. ..... . . .... . . ..... . .... • 2 . ... • • • • •••••• •••.•••••• 3 .. . .. . ....... . .......... . 4 . .... . ... ... . . . . .. . .... . 5 ...... .. ......... ... ... . 6 . ... ... . ... . .•.. . • . •... . 7 . ....... .. ............. .

8 . .. ... . . · · ······ .. .. ... . 9 ........ .. : ............ .

10 . ..... ... . ............. .

11 ............ 0 ••• •• • •• •

12 . 0 ... 0 0 0 • •••• •• • •• •• •• •

13 . .... .. . .. ...... ... .. .. . 14 . ........ .. . . .......... . 15 ... ......... . ..... ... .. . 16 .............. ..... . . .. . 17 . ... ............. . 18 .. . . ... ... •• . ..•.. . • ••.•. 19 ........................ . 20 . .... ..... .. ........ .... .

21 . ... ..... . ............ . 22. 23 .. .. . .............. ... .. . 24 ................ .... .. .. 25 ................ . . ...... . 26 ...................... .. . 27 ....................... . 28 ........ . .. . .. . .. . . ... .. . 29 ...... . .. . .... .. ... . ... . 30 ...... . ................ .

31 .. . ..•....•. . . . .•. . ...... 32 .. .... .. ................ . 33 ........................ . 34 ...... ·• •••• ... .. ...... . 35 .. ... .•..•. •. • . • .• ••.•.•. 36 ......•........•..... . . .. 37 ..... ... . . .. .•.. ... ..... 38 .... ............. ..... .. 39 .. . ...•.•....... .. ...... 40 ................ • . .. . . ..

-u . ..... . . ........ ... . ... . 42 ... .. .. . .. ........ .... .. 43 . .. . ..... ... .... . ...... . 44 .....•. •.•. . ...•... •. ... 45 . .. . .. .. •...• . •. •••.• •... 46 ... . .... ..... .......... . 47 ..... ... • • •• •. ....•. •.. 48 ...•.•.•... •.••• ••• • •• .. 4!1 .. ..... .. .... ... . .. .. . . 511 ... •.••.•• . •• ••• •••••• . •

Life Expertancy Yeara

68 67 66 611 66 6-l 63 62 61 60 5!1

58 57 56 55 54 54 53 52 51 50

49 48 47 46 45 44 43 43 42 41

40 39 38 37 3fl a.; 34 33 3!! :12

31 30 29 28 27 26 26 25 24 23

Days

108 284 328

34 67 99

129 1ii7 185 211

237 2113 2!10 317 345

9 39 70

102 1:!5

11l7 200 233 265 2!18 330 361

28 60 91

1:!3 155 187 219 252 28.'; 319 354

26 65

106 149 llln 243 2114 348

39 99

lll2 22!1

Yuur Present Age

51. ..................... , 52 ...... . .. . .. . .•. . ... .. . 5:! .. •.... ... .. ... . . . •.. . . 54 ..••• .•. ....•..•..•.... 55 .. . . . ....•... .. ... •.•. . 56 .........•.......... . .. 57 ....• . . ... • •. . ....... . . 58 ... . ....• . •... . . . .•. . .. 59 .. . . . . . ...• . •.... . ..... 60 ..... . .... . ... . ... . ... . .

61. ... .... .... ... . . . . .... . 62 ..• .• .•.••• .• • . ...•.•.•. 63 ... ... . . . ...•........... 64 ... . .. . . . ... • ... .. ...... 65 . ..... ... .. .... ........ . 66 ... .... .. ...• •. . •• ...... 67 ...... . ... ............. . 1\8 ............... ........ . 69 ....•. ....•.. ... •.. . • .•. 70 .. . .... ... . . .... . . . . . . . .

71 .... . . . . . . . •. . ... .. .. .. . 72 . ............ .......... . 73 .... . . • . .. ...... . .....•. 74 .........•.. .. . ..•...... 75 . ..........•............ 76 .• •. ...•....... . . . . . . ... 77 .. ......... ... . . . . .. ... . 78 ......... ... .. .....•. . .. 79 .... ......... . ..... . .. . 80 .... . .... ..... .... . . ... .

81 ..•... . ...•. . ........... 82 .. ............. ...... .. . 83 .... ... .. . ............. . 84 ... ............ ...... .. . 85 ... . .•. . .. . ... • . . . . ... .. 811 ... .. . ... ... ........... . 87 ... . ................... . 88 ........... . ... .. .. . ... .

811 •• • • •• ••• •• •••• •• • • •• • •• !lO ....... . . .............. .

Ill .... . .. . ............... . 112 •••••••••.••••••• ••••.•. 93 ... . .... . ...... ..... ... . 94 •..•.•. • . •••..••.••• . •.. 95 .. ..... . ..• . . . . . ... . .... 96 .... . ..•............•... 97 . . .. .. . . ... ... .•. .. . ... 98 .. . .... .. .• .. .•...•.••.. 99 ....•..... . ......... . ...

Life ExPf'etanc.' Yea ·-. Days

-----------22 ~2

21 20 19 18 18 17 If! Ill

15 14 14 13 12 12 11 II 10 tO

2 2 2 2 I

300 10 89

173 260 353

85 187 295 42

161 285

50 185 327 Ill 266 fl3

232 44

:!:!8 54

251 88

2!14 140 356 213 76

311

187 70

3:!4 219 118

21 2!12 201 111

22

299 210 120 26

2!12 185 flfl

303 182

TLu=' n.buve tahlt· dhOWK the a. ve rsgP tlfJH.fl of life &IS taken fr0111 tfte uaw .. HJ:lS Cou , mi~~i t ll l t'Ni ~tandard Or·di · u.ry'' ruurf.ttht.' tahh·. TlriP tshlt:> ie basecl upon tlte death recorcl'i of Alllfi rit•a• ' lif., i ·srrr"Bnre r.orupani£'8 durinll the period BJ."i(}-M. Thf> nt•w mortnlity tahl .. l"r&!l •ly r~ J lt~.•·et~ the 1V4l Commissh"e l'!! Sta~dard Ordinarv Tahir of :\fnrta lity . h11M<i upon death recorda durin~!, 11131}-1940, whit•h ...,plawd rlor Aoo .eriran ExperienM Table of Mortality b.....d U(JOD death reeorc.l.e duriull 1843-1858.

J . EDWIN LARSON, State T reaaurer and Inaurance Comwi8sioner.

3598

TABLE TRACI~G GE~ERAL ACTS OF THE I.Er.J~ LATURE 1919 TO 1959 INCLUS!"VE, INTO

FLORIDA STATUTES

Explanatory: This table tra<'e~ all exi~tinsr J,!l'neral act!l of tht' legi!llaturf> from the 1919 !'!eli­s ion tht·ou)!h thl! 1!J59 seHsion:s, intlusive, into th~ ,;~ction~ of thl' F'lurid<t St:atut toll. Acts 11hown to be "omitted" rrom Florida Statute!!, are local, J.loJJulation, or hmit~d apJ,~llcauoo aetas, and are not included tu~rt.>in.

Use of Tahlt>: This table should be URl'd in connt'ction with tht' History and RP'' i!lion Notes to Florid<~ Statutes. In usinl( thiR tHble fir~t a:scertain tht> l'h<tpter numlwr of the seRRion law in que11tinn. then refer to the chapter numher in thiR taiJie an1l as(•ertain the section number appearinl( unt!Pr the head ing "~t>C'tion. Florida Statutes." and then refer tn thP corrl'!-lponding section number in the statutes, which will di&clo:se the complete hi11tory of the particular section in question.

' .\ F f nR"'~ I

LEGISLAT I\"E ACTS I f'l OR IDA LEGISLATI VE ACTS LEGISLA T I\"E ACTS \ ,.. , nn•n~ •••• I8TATUTD •••• aTATUTa Jill eTATUTa

I I

CHAP. SEC. I SEC. CHAP. SEC. I SEC. CHAP. SF. C. SEC.

1919 ACTS 9!>2.09 7870 1 635.02-7783- 954.45 635.06 7797 omitted 71!~4- 71!71 1 ··--- 626.01 7798 1 265.01 7835 --- -- omittt>d 7872 1,2 __ 62!>.01 7799- 7836 1 360.15 638.15 7805 omittl'd 7837- 71!73 62706 ·-------7806 1-5 __ 194.05- 71!38 omitted 7874 1 _ __ 6:~7.59

194.10 7839 ---- 62.36 71!75 L 626.10 7Rn7- 7!140 omrtt~>d 7876 ·······-·······- 73'.22 7808 ----- omittt>d 7841 L 61.01- 7877 omitted 7809 1-6 _ _ 9!12 16- 61.07 7878 32 23

9!>2 .21 7842 1-10 _ _ 55.52- 32.24 7810 1 129.05 55.61 7879 omitted 71!11 L 350.06 7843- 7880 --- - 41!>.08-7812- 71!48 --- --- omitted 415.17 7817 -------- omitted 7R49 1. 6!l'i .03 7881-7818 1-3 __ 256.03- 71!'10 1 ---- 932.29 781!5 omitted

2'ifl .04 7851 1._ ___ 54.11 781!6 ------- - 30.23 7819 1-3 __ 2!1605 54.12 7887 1-ll_ _ _ 3!13.01-7820 ----- omitted 7852 1-3 __ _ 53.02- 3!13 09 7821 4RO 01- 53.04 7888 ---- 561.35-

460.26 7853 1,2.- - 47 23- 5111.43 7!122 1 . 3Hf) 119 47 24 5112 .01-71!23 L _ _ 381.16 7854 1-11 _ _ 733 19- 562.46 7824 ----- -- omitted 733.30 71!89-7825 1-6 ___ 514.02- 733.43 71l!l0 ---- - omittt>d

514.07 78'i5 907.01 7891 1-3. _ _ 2'i3 36-7826 L 31!1.03 7856 -------- 92115 2'i3 .38 7827 1 381.42 71!57 1,2 __ 62.09 7892 1-3 __ 2!>3 39-7828 1-3 ___ 741.03- 71! '11!- 253.41

741.05 7!1'19 ----- omittrd 71!!13-7829 1-Jl __ 31!4.01- 7Rfl0 1,2 __ 818.05 71!!16 --- - omitted

31!4.11 71lRl- 71!!17 1 ____ 2!18 .22 7830 1-3. __ M1 .flfl- 7M6 -------- omitted 7R<l8 1.2 . __ Rill 09

381.62 7867 1-3 ___ -62!'i.02 7899 1,2 __ 341.09 7831 1-16. __ 4114.01- 641!.01 341.16

4R4.17 648.02 7900 1-10. ___ 341 .01-7832 1-3 __ _ 394.01 7868 ----- 627.01- 341.19

3!14.02 627.19 7!101 1-5 __ 341 .62 394.05 7869 1-3. __ R~R 02- 7902 1 2!14.01-

7833 J-4 ___ 9!>2.07- 626.08 21!4.07

8599

ACTS OF LEGISLATURE TABLE

LEGISLATIVE ACTS \FLORIDA I

LEGISLATIVE ACfS FLORIDA LEGISLATIVE ACTS I FLORIDA 1919 STATUTB8 1921 STATUTB8 1921 STAT'O'IW

CHAP. SEC. I SEC. CHAP. SEC. I SEC. CHAP. SEC. SEC.

7903 --------- omitted 242.18 8467 ------ i 48.01- ' 7904 l_ ____ 140.06 7953 ---------- omitted 48.18 7905 1-17 ____ 525.01- 7954- 8468 1,2 __ 843.15

525.17 8395 ---------- Special 8469 l_ ___ 350.12 7906 ------ 523.01- and 8470 l_ ___ 782.04

523.21 Local 8471 ------- 933.01- · 7907 1--4_ _ _ 371.18 933.19

374.35 1921 ACTS 8472 1,2 _ _ 194.14 7908 ----------- 372.30 8396- 8473 --- ----- 733.21

374.35- 8398 --- - omitted 8474 l_ _____ 85.09 374.39 8399 1-5 _ _ 11.08- 8475-

7909 1-3 _______ 374.10 11.11 8476 -------- omitted 374.11 8400 1,2 ___ 291.02 8477 1,2---- 76.07

7910 ------ 233.01- 291.04 76.12 233.04 291.05 8478 1 ___ 744.01

7911 1-4 ______ 242.27- 8401 ---------- 832.01- 8479 1 _ __ 62.17 242.30 832.03 8480 1,2 ____ 26.51

7912- 8402 omitted 26.52 7913 ---------- omitted 8403 1-5 ____ 603.01- 8481 ----- omitted 7914 --- 231.22 603.04 8482 59.20-7915 1-4,6_ 240.05- 603.10 59.28

240.09 8404 -------------- 21.01- 8483 1-3 _____ 36.06 7916 L ____ 242.14 21.12 8484-7917 1,2 _ ___ 817.09 8405- 8490 ----- omitted

817.10 8409 ----------- omitted 8491 1,2- - 111.01-7918 1-5 ____ 27.19- 8410 1-141,2 _ _ 320.Dl- 111.02

27.23 320.42 8492 1 _ _ ___ 25.11 27.25 320.51 8493 ------- omitted 27.27 320.57 8494 1 ______ 27.23

7919 --------- 585.32 8411 ------- 208.01- 8495-7920 ---------- 414.01- 208.19 8496 ------------- omitted

414.11 8412- 8497 1-4 ____ 145.01-7921 -------- omitted 8414 ------ omitted 145.05 7922 1-3 ___ 85.05 8415 2-14 ___ 458.01- 8498 ------- omitted 7923 ---- 291.01- 458.13 8499 1--- 585.32

291.05 8416- 8500 --- 233.01-7924 1-3 _______ 291.02 8422 -------- omitted 233.12

291.04 8423 1,2 ____ 952.07 8501 ---- - om,itted 291.10 954.45 8502 1-65 _______ 250.01-

7925 1 ________ 291.02 8424 1-4 ________ 241.26 250.72 7926- 241.27 8503 1-3 ______ 258.01 7927 --- omitted 8425 L_ ____ 258.13 258.02 7928 48.01- 8426 1-12 __ 216.01- 8504 --- --------- omitted

48.18 216.15 8505 1 __ 239.34 7929 1. ___ 18.10 8427- 8506-7930 1 ____ 653.09 8429 ---------- omitted 8507 -------------- omitted 7931 1 __________ 652.03 8430 1 ______________ 284.01- 8508 4-6-------- 585.39-7932 L. ____ 196.04 284.07 585.41 7933 1-4 ____ 610.03 8431- 8509 - - ------- omitted 7934 ------ -------- 665.21 8441 --------- --- omitted 8510 -------- 372.01-7935 L. ___ 653.50 8442 1-8 ............ 24128- 372.76 7936 1-13 ___ 699.01- 241.35 8511 231.16

699.14 8443- 8512 1--4. __ 141.01-7937 --------- omitted 8446 -------------- omitted 141.04 7938 1-5 ___ 584.01- 8447 --------------- 265.06 85J3 ------ --- 7.08

584.06 8448- 7.14 7939 1,2 _ _ 576.16- 8459 ----------- omitted 7.22

576.18 8460 1-3 _____ 611.03 7.25 7940 1. _______ 351.03 611.05 7.28 7941 ---------- omitted 611.06 8514 ---- 7.15 7942 ----------- 231.19- 8461 1-3 ____ 611.39 8515 ----- '7.58

231.28 8462- 8516 ---- -- 7.63 7943- 8463 -------- omitted 8517 omitted 7946 -------- omitted 8464 L __ 817.31 8518 1-4 _ ____ 130.20 7947 1,2 _ _ 73.22 8465 ------ 48.01- 130.23 7948- 48.18 8519 1,2 __ 40.05 7951 ------- omitted 8466 1-3 ___ 817.11- 8520 1-4 __ _ _ 126.01-7952 ----- 242.15- 817.13 126.04

3600