IN RE FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.072

Fla. | 1996-02-08
No. 87058
Grimes, C.J., Overton, J., Shaw, J., Kogan, J., Harding, J., Wells, J., Anstead, J.
669 So. 2d 1039 Florida Supreme Court (1996)

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Synopsis

The Florida Supreme Court proposed adopting Florida Rule of Judicial Administration 2.072 to prohibit attorneys and other non-judicial personnel from removing court records from the clerk's office without chief judge approval, addressing problems caused by lost files and discrimination against pro se litigants.


Holding

Court records may not be removed from the clerk's office by anyone other than judges and authorized court employees except by order of the chief judge or chief justice upon a showing of good cause.


Headnotes

[1] Court records may not be removed from the clerk's office by persons other than judges and authorized court employees without chief judge or chief justice approval upon sh…

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Facts & Procedural History

Historically, most courts permitted attorneys to check out court files, but this practice resulted in files being lost or difficult to locate, and pro…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

At one time, most courts permitted attorneys to check out court files from the clerk’s office. Often, cheeked-out files were hard to. locate, and occasionally some were lost. In addition, pro se litigants complained of discrimination because they were not permitted to check out court files. Most judicial circuits no longer permit the court files to be checked out, but a few circuits have contin ued the practice. In view of the vast increase in the number of court files and the problems associated with allowing them to be checked out, we believe that the practice of permitting court files to be checked out by attorneys should be discontinued. Accordingly, upon our own motion, we propose to adopt Florida Rule of Judicial Administration 2.072 which shall read as follows:

RULE 2.072 POSSESSION OF COURT RECORDS

No person other than judges and authorized court employees shall remove court records as defined in rule 2.075 from the clerk’s office except by order of the chief judge or chief justice upon a showing of good cause.

The clerk of this Court is hereby directed to notify the Florida Rules of Judicial Administration Committee of this Court and to publish notification of the proposed rule in The Florida Bar News. All responses received by March 15, 1996, will be considered by this Court in its determination as to whether to adopt the rule.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ„ concur.


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