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IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

[plfName]	)
Plaintiff,	)
)
vs.	)	Case No (LT):	[caseNo]
)	Division:	[caseDiv]
[defName]	)
Defendant,	)

PLAINTIFF’S MOTION FOR ACCESS TO THE DOCKET

Plaintiff, [plfName], on this [d] day of [MMM] [YYYY], hereby moves this Court - pursuant to Rule 1.010 Fla. R. Civ. P. - to grant all parties access to the progress docket of this case. Plaintiff proffers the following in good faith, and only on the grounds permitted by Rule 2.420 Fla. R. Jud. Admin.

Key Points:

Points	required

Grounds	constitutional

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	8th Page
Exhibits	9th Page
Affidavits	17th Page

Background:	Parties need to litigate this case

Problem:	The Court has prevented parties from accessing the docket

Request:	The Court grants parties full access in accordance with law

Art. I §24 FL Constitution | Access to Public Records...(highlights added)

“(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution.”

Rule 2.420(j)(2) | Procedure for Obtaining Access... (highlights added)

“A court order allowing access to confidential court records may be obtained by filing a written motion which must:

(A) identify the particular court record(s)... with as much specificity as possible...;

(B) specify the bases for obtaining access to such court records;

(C) set forth the specific legal authority for obtaining access to such court records; and

(D) contain a certification that the motion is made in good faith and is supported by a sound factual and legal basis.”

Rule 2.420(m) | Procedure...Access to Judicial... (highlights added)

“(1) Requests for access to judicial branch records shall be in writing and shall be directed to the custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed.

AOSC 22-7 | Access to Electronic Court Records

“Access levels are defined as follows:

B. All but expunged, or sealed under Ch. 943, F.S., or sealed by court order.”

Abbreviations

FS	-	Florida Statute (2022 versions)

MOTION

Pertinent History

[hist001].

[hist002].

[hist003].

[hist004].

[hist005].

[hist006].

Analysis

[any001].

[any002].

[any003].

[any004].

Arguments in Favor of Judicial Notice

The parties have a constitutional right to the progress docket of this case (highlights added):

“(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf”

Art. I §24 FL Constitution

Plus, the parties have a mandated right to the progress docket. Pursuant to Administrative Order 22-7, each entity has “Level B” clearance on the case. “Level B” clearance, of course, means full access to case dockets (except for expunged and/or §943 sealed material):

“Access levels are defined as follows:

B. All but expunged, or sealed under Ch. 943, F.S., or sealed by court order.”

AOSC 22-7, FL Supreme Court

Third, the parties have a practical need for case docket access. In Relator’s case, he cannot even summon Defendant without access to the docket.

Standard of Review

According to Rule 2.420(m) Fla. R. Jud. Admin. (also see Rule 2.420(j)(2) for persuasive authority2/), Relator must hereby ask the custodian of this Court for the records that Relator needs (highlights added):

“(1) Requests for access to judicial branch records shall be in writing and shall be directed to the custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed.”

Rule 2.420(m) Fla. R. Jud. Admin.

In short, this Motion must be:

in writing;

directed to the custodian; and

sufficiently specific about what records Relator needs.

Relator satisfies these elements as follows.

Element A) Written Form

As can be observed, this motion is in writing. Therefore, Relator has satisfied the first prong in this three-pronged analysis.

Element B) Directed to the Custodian

Pursuant to AOSC 19-74, the Chief Judge of each Florida circuit court is deemed the custodian of records:

“Chief judges of the trial courts are responsible for overseeing implementation of judicial e-filing within their respective circuit, pursuant to the policies and guidance set forth in this administrative order.”

Administrative Order 19-74, Florida Supreme Court

The Chief Judge of this Court is the Honorable [chiefJudge].

Thus, Relator hereby asks Judge [chiefJudge] (as well as presiding Circuit Judge [presidingJudge] – if thereby deputized) to grant the parties access to the court docket.

With that formality complete, Relator has hereby satisfied the second prong in the three-prong standard of review.

Element C) Specify Records

Lastly, Relator is seeking access to the entire progress docket (all dates, all documents). He seeks it for himself; for Plaintiff; and for Defendant. Whereby Relator will be able to satisfy all court orders, litigate this case, and obtain a full & fair opportunity at justice:

“thus serves simultaneously to meet the plaintiff's prima facie case by presenting a legitimate reason for the action and to frame the factual issue with sufficient clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext.”

Texas DCA v. Burdine, 450 US 248 (1981)

Moreover, pursuant to the Access Security Matrix (Exhibit C) (AOSC 22-7), parties must be given access to the entire docket3/.

CONFERRAL

On [confMth] [confDy], [confYr], [conferralStatement].

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Court to grant full access to the case docket of this case (37-2021-CA-001360-XXXX-MA; Leon County; Florida).

Dated this [D] day of [MMMM] [YYYY].

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMMM] [YYYY], I electronically filed the foregoing by using the Florida Courts E-filing Portal which will send a notice of filing to the attached service list.

/s/ Elias Makere

Endnotes:

1/ [N001]
2/ persuasive in the sense that Rule 2.420(j)(2) pertains to “Confidential Court Records”. Given that there have been no orders establishing confidentiality, Rule 2.420(j)(2) does not apply to this case. Nevertheless, Relator has gleaned from it the spirit of Supreme Court dictation.
3/ except for sealed material that has been (a) expunged, (b) sealed under §943 FS, or (c) sealed by court order.

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/UnsealDocket.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

EXHIBIT A

EXHIBIT B

EXHIBIT C

PLAINTIFF’S AFFIDAVIT

IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY, FLORIDA

[plfName]	)
Plaintiff,	)
)
vs.	)	Case No (LT):	[caseNo]
)	Division:	[caseDiv]
[defName]	)
Defendant,	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR ACCESS TO THE DOCKET

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a party to the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the pertinent Administrative Orders, the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Appellate Procedure, and much more.

Certifying Statement

I’ve made this motion in good faith.

This motion is supported by sound factual and legal bases.

Verification Under Oath Pursuant to §92.525 FS and 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA [cntyNm]	[M]/[D]/[YYYY]
[plfName], Plaintiff/Affiant

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