(g) Any document filed electronically shall be uploaded individually, except that exhibits, supporting documents, and proposed orders for any motion may be filed along with the motion. In naming uploaded motions, counsel shall specifically identify the type of motion by naming the relief sought. In naming depositions filed electronically, counsel shall include the deponent’s name and the date of the deposition. If an uploaded document is specifically intended as a hearing exhibit at the time of filing, the name shall also include “proposed hearing exhibit” and the date of the scheduled hearing. All uploaded documents shall include sufficient specificity in naming to allow identification of the document from the docket remark.
The
District Office received an almost immediate telephonic reply: “I don’t have a
copy of the rules, I’ll have to Google it.” This response could almost be
comical, but it is in fact disturbing at best. Many calls to our District
offices can be answered by reading the rules. Lawyers and paralegals alike should
know the rules and consult them when practicing workers’ compensation in
Florida.
The
60Q rules have been in effect just over ten years now. The effective date of
the original rules was February 23, 2003. Attorneys and staff have had a decade
to get used to the fact that these Rules exist. The rules are easy to find,
they are on the OJCC website, www.fljcc.org.
Despite
this, we still receive pleadings that cite the Florida Rules of Workers’
Compensation Procedure as published by the Florida Supreme Court. These rules
are no longer in effect, nor are the “Uniform Practice and Procedures.” If you
are citing these, change your forms. Citing rules that are no longer in effect
does not advance your case.
Certainly,
the content of the 60Q Rules has changed over the last decade, with revisions
in November 2006, October 2010, and October 2012. However, the existence and the location of
the rules have been consistent.
Back
to 60Q6.108(1)(g). The labeling of documents on the case docket is no different
than the name on a paper file folder, or the title on a pleading. It is a clue
to what is inside. When the Judge or District staff prepares for a trial, they
rely upon the title of documents in the case docket. (Side note, when you file
something it is then “in the Dockey,” it is not “on DOAH”). Documents named
“notice of filing” are far too common in the Docket. The rule seeks to prevent
this, “all uploaded documents,” that is all inclusive. This “all” means each
and every document. The rule says “shall,” not “may” or “can,” but “shall.”
This is mandatory. And “sufficient specificity” is required.
The
label “notice of filing” is not sufficient under this rule. The label
“deposition” is not sufficient under this rule. By the same token, please do
not use other non-descriptive terms like “motion,” notice,” or “exhibit” by
themselves.
The
Rule, for motions, requires counsel to “specifically identify the type of
motion by naming the relief sought.” Therefore, not “motion,” but “motion to
compel,” or “motion for protective order.”
The
Rule, for depositions, requires counsel to “include the deponent’s name and the
date of the deposition.” Therefore, not “deposition” or even “deposition of Dr.
Jones,” but “deposition of Dr. Jones taken 01.15.13” or “deposition of Dr.
Jones taken January 15 2013.” If you strive for brevity, “01.15.13 depo of Dr.
Jones.”
The
Rule, if you are using this particular filing for a hearing, says you should
include that in the docket remark. So the deposition of Dr. Jones mentioned
above should add the phrase “proposed hearing exhibit” and the hearing date. So
“deposition of Dr. Jones taken 01.15.13,” if intended as an exhibit for the
March 14 hearing, should become “deposition of Dr. Jones taken 01.15.13,
proposed hearing exhibit for 03.14.13.” There is no magic in this naming, but
get the message across.
Many
people do not know, but computers interpret “/” as a divider in file names.
Whenever you use the internet, you see “/” in the address bar. An example from
a story about football I read this morning:
http://search.yahoo.com/search?cs=bz&p. each “/” divides the address. The
same is true when you save a file on your computer, each “/” delineates a
directory or folder. I know, way too much computerese. The bottom line, please
do not use “/” in your file names when you upload. Use periods instead. So,
03/14/2013 becomes 03.14.13 or 03.14.2013. The “Employer/Carrier” becomes the
“Employer.Carrier.” using periods instead of “/” will keep the dockets clearer
and will facilitate easily saving documents for later use.
It
would also help if you please quit screaming at us. In the internet, ALL
CAPITAL LETTERS ARE THE SAME AS SCREAMING! USING ALL CAPS MAKES THE DOCKET
REMARK HARDER TO READ. It would help us all if you refrained from using ALL
CAPS unless they are absolutely necessary. ALL CAPS provide emphasis when they
are necessary. When all you use in every docket remark is ALL CAPS though, you
are not emphasizing, you are just SCREAMING AT US, and ALL CAPS THAT ARE BOLD UNDERLINED AND IN ITALICS CAN BE WORSE, ESPECIALLY WHEN IT IS ALL THREE!
Finally,
it is a docket remark, a comment. It is not a novel, and really should not even
be a short story. Keep the comment brief, just what is needed to describe the
document that you are filing. We find docket remarks that are so long and
detailed that they are literally incomprehensible. Keep it simple and
descriptive. For example, if you say it is the “Employer.Carrier’s response to
03.14.13 motion to compel,” that is sufficient. We do not need (the italics)
“the Employer.Carrier, Smith Amalgamated
Production Facilities and United International Claims Administration and
Adjusting Enterprises response to 03.14.13 motion to compel production of items 3, 7, 15, 29, and 32 of
the request to produce documents filed by Claimant, the injured worker herein,
on December 12, 2012 regarding the
medical records, employment file, earnings reports, and photographs . . .”
You get the point. If the detail, such as the employer name or carrier name is
needed because there are multiple E/C, then specify. If not, then adding the
names of the E or C do not help, they just clog up the docket.
