4.0 | Intro
Better News: TBD has copied & re-formatted all pertinent rules on this website.
Features:
✔ Free
✔ Rewarding
o ie, you'll earn book points by reading/accessing these rules
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: The rules are written more clearly than the laws/regulations (well, in TBD’s opinion at least). So, you’ll probably find them easier to sift through.
| Laws/Statutes: | Legislative Branch |
| Regulations: | Executive Branch |
| Rules: | Judicial Branch |
4.1 | Kinds of Rules
| Group A (Widespread) |
Rules of Appellate Procedure Rules of Civil Procedure Rules of Evidence Rules of Judicial Administration |
| Group B (Local) |
Local Rules of Court DOAH’s Uniform Rules of Procedure* |
4.2 | Scope
Nonetheless, each tribunal - at its own [requested] discretion – will consider another tribunal’s rule as “persuasive authority”. Which means that you can cite an outside rule and ask your judge to assess it for your case/filing.
For example: Jane Doe is litigating a case at USFLMD. That Court, however, doesn’t have a local rule on civil cover sheets. Yet, USFLSD does (ie, Rule 3.3).The group of widespread rules, on the other hand, bind multiple tribunals of a shared territory. For instance, the Florida Rules of Civil Procedure cover all of the judicial circuit courts of Florida; the Federal Rules of Appellate procedure cover all of the US Circuit Courts of Appeal; and so on.
So, within her USFLMD motion, Ms. Doe cites USFLSD Local Rule 3.3. Therein, she points out that she’s proffering that outside rule as persuasive authority only.
Plus, as highlighted above, you can proffer one territory’s widespread rules as “persuasive authority” at a different territory’s tribunal.
For example: Jane Doe is litigating a case at USFLMD. The Federal Rules – which bind USFLMD – do not have a provision for “Choice of Forum”. Yet, the Florida Rules do (ie, Rule 1.061).All in all, the scope of a set of rules dictates which tribunal you should cite them in.
So, within her USFLMD motion, Ms. Doe cites Florida Rule of Civil Procedure 1.061. Therein, she points out that she’s proffering that outside rule as persuasive authority only.
Note: from tribunal to tribunal, the local rules are very similar. And although they predominately mimic the broader (ie, “widespread”) rules of procedure, they still manage to expound on those broader topics. Plus, the courts often use their local rules to formulate how you should handle a particular procedure.
4.3 | TBD’s Ranking of Rules
2. DOAH’s Uniform Rules of Procedure
3. Local Rules of Court
4. Rules of Appellate Procedure
5. Rules of Judicial Administration
6. Rules of Evidence
➋ Next, you’ll probably also need to know DOAH’s Uniform Rules of Procedure, because there’s an 86% chance that the FCHR will funnel you into DOAH (see Summary page “Likelihood” section). Therefore, those rules will govern your civil rights proceeding for many months. And although these are actually state regulations, they operate like rules of court. So, as your FCHR investigation approaches the finish line, begin to read these rules (good news: they’re relatively short; available here).
➌ No matter which tribunal you enter, though, you’ll encounter a set of Local Rules. As mentioned earlier, DOAH’s local rules are its Uniform Rules of Procedure. Similarly, the state courts in Florida have their own local rules (which they sometimes give unnecessary names). Bottom line, you’ll need to know your court’s local rules (good news: TBD has copied/re-formatted them here).
➍ Ranked fourth are the Rules of Appellate Procedure, because you’ll only need them if you file an appeal. Also, since appeals experience little activity (ie, few motions/notices/etc), you’ll only need a few of these rules. The most important ones deal with initiating an appeal (Rule 9.030, 9.110, 9.190). Along those lines, you might find the following how-to guide useful.
Speaking of lines, the Federal Rules of Appellate Procedure are much farther down the line (due to the FCHR's administrative delays). So, by the time you approach that finish line you'll have acquired much knowledge. Knowledge that TBD has housed here for your convenience (note: you'll score points by reading them).
➎ Ranked fifth are the Rules of Judicial Administration. Florida has them, but the federal system does not. The one that’ll pop up most often will be Rule 2.514 (Computation of Time). This is a very important rule; which you’ll use even if you’re in a DOAH proceeding.
The second most useful rule [from this set] is Rule 2.516 Fla. R. Jud. Admin.. However, if you're at DOAH then you won’t need this rule, because it deals with service of pleadings (a burden that you don’t have to carry in Florida’s administrative setting). As always, TBD has copied/re-formatted these rules here for your benefit (note: you'll score points by reading them).
➏ The reason TBD has ranked the Rules of Evidence last is because it’ll take a long time (roughly 2 years) before you get a chance to use them. But for the FCHR's administrative delays, TBD would place these in the 4th spot. Nevertheless, Rule 201 will play a big role in your federal civil rights litigation; while Rules 401 through 405 will play large roles as well.
Important Note: At DOAH, the rules that deal with discovery will be paramount (Rules 1.280 through 1.410 Fla. R. Civ. P.).
4.4 | Summons
Rule 2.516 Fla. R. Jud. Admin.
Rule 4 Fed. R. Civ. P.
a mandate requiring the appearance of the defendant under penalty of having judgment entered against him or her for failure to appear. The object of the summons is to notify the defendant that he has been sued.
- Barron’s Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016
The summons process is rather arcane; and it’s even worse for pro se litigants. So, to make things easier, TBD has published this How-To Guide for Effectuating a Summons:
| Federal Version | (Effectuating a Federal Summons) |
| Florida Version | (Effectuating a Florida Summons) |
So, as your FCHR investigation nears its conclusion, begin reading about summonses (and use TBD’s synthesized how-to guides to draft one).
4.5 | Constitutionality
So, if you get grazed/injured by an unconstitutional rule (of any variety), then you can challenge that rule. In fact, you can even initiate an appeal on its unconstitutionality.
Real-World Example:
For that reason, TBD’s Founder exercised his 1st Amendment right; by petitioning the government for redress. The courts, however, did not respond by addressing the facts of the case. Rather, the courts responded by trying to punish TBD’s Founder; an ill that continues to this day.
4.6 | TBD’s Recommendations
• DOAH’s Uniform Rules of Procedure
• Rule 9.030 Fla. R. App. P.
• Rule 9.110 Fla. R. App. P.
• Rule 9.120 Fla. R. App. P.
• Rule 9.190 Fla. R. App. P.
• Rule 2.514 Fla. R. Jud. Admin.
• Rule 201 Fed. R. Evid.
• DOAH’s Uniform Rules of Procedure
Thus, this growing knowledge of yours will be an asset to you as you navigate through the FCHR legal process. And you can further expand that knowledge by learning about the next phase (ie, Phase 5: The Investigation)...
