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InformalFeel free to ask questions as we go

Intend to be interactiveOverview

Materials

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Time Standards, Rules and/or Statute

Perceived Major Sources of Delay for Records on Appeal

We will discuss electronic records

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Actions taken (and by whom) upon Filing Notice of Appeal

Motions PracticeManagement Information

This presentation can be found at: http://www.floridasupremecourt.org/clerk/presentations.shtml

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CIVIL (including Family, Probate, Guardianship) – Rule 9.110(e)

CRIMINAL AND JUVENILE DELINQUINCY – Rule 9.140(f)

POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B)

DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2).

DEATH PENALTY – Rule 9.1425

CIVIL APPEALS Directions to the clerk and designations to

the reporter to be filed within 10 days of the notice of appeal

Transcripts to be filed with the trial court within 30 days of service of the designations

Index to record on appeal to be served on parties within 50 days of the notice of appeal

Record on appeal to be transmitted to the appellate court within 110 days of the notice of appeal

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CIVIL APPEALS (continued) Process docket to be incorporated into

the record immediately after the index. Documents to be paginated Trial transcripts to be incorporated at the

end of the record and not renumbered by the clerk

Record to be securely bound in consecutively numbered volumes not exceeding 200 pages

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CRIMINAL and JUVENILE DELINQUINCY – Rule 9.140(f)

Directions to the clerk and designations to the reporter to be filed within 10 days of the notice of appeal

Transcripts to be filed with the trial court within 30 days of service of the designations

Record on appeal to be transmitted to the appellate court and served on the attorney general and counsel appointed to represent indigent defendants within 50 days of the notice of appeal.

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CRIMINAL and JUVENILE DELINQUINCY – Rule 9.140(f) (continued)

Index to record on appeal to be served on non-indigent defendants within 50 days of the notice of appeal.

Process docket to be incorporated into the record immediately after the index.

Documents to be paginated Trial transcripts to be incorporated at the end of the

record and not renumbered by the clerk Record to be securely bound in consecutively

numbered volumes not exceeding 200 pages9

POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) Summary Appeal of Rule 3.800(a), 3.850

and 3.853 Record on appeal consisting of the motion,

response, reply, order on the motion, motion for rehearing, order on motion for rehearing and attachments to any of the foregoing to be transmitted with the notice of appeal.

No index or pagination is required unless ordered by the Court.

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POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued] Summary Appeal of Rule 3.800(a),

3.850 and 3.853 (continued)▪ The parties are not served with an index or

copy of the record unless ordered by the Court.

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POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued] Appeal of Rule 3.850 and 3.853 after an

Evidentiary Hearing▪ Within 5 days of the filing of a notice of

appeal by an indigent pro se litigant, the Clerk shall request the court reporter to transcribe the evidentiary hearing▪ Transcripts to be filed with the trial court

within 30 days of service of the designations

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POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued] Appeal of Rule 3.850 and 3.853 after an

Evidentiary Hearing (continued)▪ Within 50 days of the notice of appeal, the record

on appeal consisting of the motions, response, reply order on the motion, motion for rehearing, order on motion for rehearing and attachments to any of the foregoing, together with the transcript to be transmitted to the appellant court and served on the attorney general and counsel appointed to represent indigent defendants.

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POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued] Appeal of Rule 3.850 and 3.853 after an

Evidentiary Hearing (continued)▪ Within 50 days of the notice of appeal, the

index to record on appeal to be served on non-indigent defendants▪ Documents to be paginated▪ Transcripts to be incorporated at the end of

the record and not renumbered by the clerk.14

POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued] Appeal of Rule 3.850 and 3.853 after an

Evidentiary Hearing (continued)▪ Process docket to be incorporated into the

record immediately after the index▪ Record to be securely bound in consecutively

numbered volumes not exceeding 200 pages

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DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2) Directions to the clerk and designations to the

reporter to be filed with the notice of appeal Transcripts to be filed with the trial court within

20 days of service of the designations Within 5 days of the filing of the transcript,

the record on appeal is to be transmitted to the appellate court and served on the Department of Children and Family Services, guardian ad litem and counsel appointed to represent indigent parties.

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DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2) [continued] Process docket to be incorporated into the

record immediately after the index. Documents to be paginated Transcripts to be incorporated at the end of

the record and not renumbered by the clerk Record to be securely bound in

consecutively numbered volumes17

Initial & Retrial Appeals (handout materials contain a reference chart) Rule (9.140(f) & 9.200) states:▪ Transcripts to be filed with trial court within

40 days of filing of Notice of Appeal▪ Record on Appeal from trial court to be filed

with Florida Supreme Court within 50 days of filing of Notice of Appeal

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Initial & Retrial Appeals (cont'd.) Supreme Court Order states:▪ Transcripts to be filed with trial court within

80 days from filing of notice of appeal in Florida Supreme Court▪ Record on Appeal from trial court to be filed

with Florida Supreme Court within 100 days from filing of notice of appeal in Florida Supreme Court

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Resentencing & 3.850 (3.851) Evidentiary Hearing Appeals Rule (9.140(f) & 9.200) states:▪ Transcripts to be filed with trial court within

40 days of filing of Notice of Appeal▪ Record on Appeal from trial court to be filed

with Florida Supreme Court within 50 days of filing of Notice of Appeal

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Resentencing & 3.850 (3.851) Evidentiary Hearing Appeals (cont'd.) Supreme Court Order states:▪ Transcripts to be filed with trial court within

80 days from filing of notice of appeal in Florida Supreme Court▪ Record on Appeal from trial court to be filed

with Florida Supreme Court within 100 days from filing of notice of appeal in Florida Supreme Court

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3.850, 3.851 Non-Evidentiary, Successive 3.203, 3.850, 3.851, 3.853 Appeals Rule states:▪ Transcripts to be filed with trial court within

40 days of filing of Notice of Appeal▪ Record on Appeal from trial court to be filed

with Florida Supreme Court within 50 days of filing of Notice of Appeal

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3.851 Non-Evidentiary, Successive 3.203, 3.851, 3.853 Appeals (cont'd.) Supreme Court Order states:▪ Transcripts to be filed with trial court within

50 days from filing of notice of appeal in Florida Supreme Court▪ Record on Appeal from trial court to be filed

with Florida Supreme Court within 70 days from filing of notice of appeal in Florida Supreme Court

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Initial, Resentencing, Retrial, & 3.851 Evidentiary Hearing Appeals Rules Provisions – Days due from filing

NOA in Circuit Court▪ 40 – Transcripts to be filed in trial court▪ 50 – ROA to be filed in FSC

FSC Directive – Days due from filing NOA in FSC▪ 80 – Transcripts to be filed in trial court▪ 100 – ROA to be filed in FSC

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3.851 Non-Evidentiary Hearing, 3.203 & 3.853 Appeals Rules Provisions – Days due from filing

NOA in Circuit Court▪ 40 – Transcripts to be filed in trial court▪ 50 – ROA to be filed in FSC

FSC Directives – Days due from filing NOA in FSC▪ 50 – Transcripts to be filed in trial court▪ 70 – ROA to be filed in FSC

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Complete record is not transmitted Record is transmitted without the

transcripts In summary post-conviction appeals, the

notice of appeal is transmitted without the record

In summary post-conviction appeals, attachments are not included in the record

Complete index is not included in first volume

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Volumes of supplemental records not consecutively numbered with the original record

Record is not properly paginatedVolumes not numbered

consecutivelyNot properly bound.Late records and supplemental

records27

Multiple transcripts placed in a volume; however, volume on cover page states “Volumes 13-16” and there are no individual labels on the transcripts to designate which Volume they are. The transcripts within the volume should have been designated as a single volume.

Duplicate page numbers within a volume

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ROA volume numbers consecutive BUT volume numbers start over with transcript volumes

Exhibits copies given a page number ONLY on the 1st page of the documentary exhibit. No other page numbers given to that exhibit

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All volumes numbers to run consecutively including supplemental volume(s)

All page numbers within the volume may start with page 1 with no duplicate page numbers within the volume

Master index of entire ROA in volume 1 and all other volumes would contain an index for that volume only.

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Certified copies of all pleadings placed first in ROA with transcripts at the end, in chronological order as to occurrence (transcripts should read from initial motion hearings through sentencing)

Electronic Records

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Who pays for the transcript(s) & record? What do we do if counsel requests entire

record on appeal from a previous proceeding?

How do we proceed when we receive directions/designations that does not include “all” filings made?

Do you need original exhibits? If an extension of time is needed to file

the ROA, who should file the extension?

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Does an extension of time to file the transcript toll the time to file the record on appeal?

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Mandate is issued to trial courtAny original exhibits are returned to

trial courtRecord on Appeal is retained by

Florida Supreme CourtCase finalized, and custody of case

relinquished to Florida State Archives

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Florida Supreme Court (FSC) notified by Governor’s Office that death warrant has been signed along with actual time and date of execution.

FSC Death Penalty Clerk notifies appropriate chief judge of circuit court of warrant and inmate’s name and requests name of trial judge to handle proceedings.

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FSC Death Penalty Clerk contacts trial court judge advising them of inmate name and the date & time of execution. Procedures are discussed.

FSC Death Penalty Clerk calls designated trial court clerk’s office advising them of inmate name and the date & time of execution. Procedures are discussed.

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FSC generally enters order setting time frames within which the trial court must act.

All trial court orders and transcripts should be e-mailed expeditiously to the FSC at warrant@flcourts.org

Trial court record should be compiled as pleadings are filed as it will need to be expeditiously sent to the FSC when appeal is filed.

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Notice of Appeal should be scanned and e-mailed to FSC with “hard” copy, along with record on appeal, being expedited to the FSC.

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Mary Cay BlanksClerk, Third District Court of AppealPhone # (305) 229-3200e-mail: blanksm@flcourts.orgThomas D. HallClerk, Supreme Court of FloridaPhone # (850) 488-0125e-mail: hall@flcourts.org

This presentation can be found at: http://www.floridasupremecourt.org/clerk/presentations.shtml 40