Notice to Attorneys and Parties

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1. Critical Time Requirements for Appeals from Final Orders

(a) Appellant's initial brief is due 70 days from the notice of appeal in civil appeals; 30 days from the later of transmission of the record or designation of appointed counsel in criminal appeals; and 30 days from the notice of appeal in summary postconviction appeals for the optional brief.

(b) A party has 15 days to voluntarily respond to an opponent's motion.

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2. Extensions of Time

Good cause must be shown. File before the applicable deadline. Failure to comply may subject the appeal to dismissal or result in sanctions. Specify the expiration day of the requested extension. Pursuant to rule 9.300, attorneys must include a certificate that opposing counsel has been consulted and either has no objection or will promptly file an objection.

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3. Electronic Filing

(a) All attorneys practicing before this court are required to register with the Second DCA's eDCA portal: https://edca.2dca.org for receipt of orders and decisions issued by the court.

(b) Self-represented parties may register with eDCA or may elect to receive paper copies. By registering with eDCA, self-represented parties acknowledge and agree that they will receive only electronic service of orders and decisions from the court.

(c) All attorneys must file electronically via the Florida Courts e-Filing Portal: www.myflcourtaccess.com. Electronic fee payments may also be submitted through this portal.

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4. Oral Argument Request and Continuances

(a) Requests must be made not later than 15 days after the last brief or reply is due to be served and shall be filed in a document separate from any briefs or other documents. Twenty (20) minutes per side, unless the court orders otherwise prior to the date of argument. Fla. R. App. P. 9.320.
(b) Motions for continuance of oral argument must be based on either a substantial commitment preexisting the receipt of the oral argument notice or an emergency situation.
(c) Timely requests for oral argument, submitted in a separate document that complies with Florida Rule of Appellate Procedure 9.320, will generally be granted. Except in extraordinary cases, however, the court does not allow oral argument on motions and in the following types of proceedings:
i) appeals in which a pro se party is incarcerated;
ii) summary postconviction appeals; and
iii) nonsummary postconviction appeals where the parties are not represented. Requests for oral argument in expedited proceedings, including termination of parental rights and dependency cases, are presented first to the merits panel.
(d) Upon receipt of an order setting oral argument, please check WHERE argument is to be held. This court sets cases in Tampa and, from time to time, in other cities.

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5. Briefs

Any brief submitted to the court must comply with Florida Rule of Appellate Procedure 9.210. If submitted by an attorney, it must be filed electronically. If the brief is typewritten or computer-generated, the lettering shall be black and in distinct type, double-spaced, with margins no less than 1 inch. Computer-generated briefs shall be prepared with either Times New Roman 14-point font or Courier New 12-point font.

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6. Record References in Briefs

Failure to comply with rule 9.210(b)(3) by reference to appropriate pages of the record in the statement of the case and facts may result in the striking of the brief, even in the absence of a motion filed by the opposing party. When a record is required, any document appearing in an appendix must also be contained in the record on appeal.

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7. Use of Trial Court Evidentiary Exhibits

(a) Contraband and dangerous items: Please do not designate as part of the record on appeal such tangible evidence as drugs, firearms, or explosives without prior permission of the court. If the court approves transmission of these kinds of exhibits, it will identify the role of the circuit court clerk and appropriate law enforcement personnel in transporting the exhibits.
(b) Large charts, and heavy or bulky items: Please do not designate as part of the record on appeal large items without prior approval by the court. In the event such approval is given, in civil cases it will be the responsibility of the party gaining such approval to see that oversized evidence is delivered to this court and redelivered to the trial court at the conclusion of the appeal. In criminal cases, the court upon motion will designate the means of transmission of the subject exhibits. This restriction does not apply to normal-size documents, photographs, maps, graphs, etc.

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8. Appendices

Appendices filed electronically must be bookmarked and contain an index. Paper appendices may only be submitted by self-represented parties. With a paper appendix, text is permitted on one side of the page only.

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9. Supplemental Authority

Notify opposing party of full citation BEFORE oral argument and file with this court. This should be done, except in exceptional circumstances, early enough for opposing counsel to be prepared to respond to the supplemental authority at oral argument.

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10. Waiving Oral Argument

Cases without oral argument are subject to the same review, analysis, and consideration by a three-judge panel as are cases that are orally argued.

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11. Florida Bar Numbers

All attorneys MUST put their Florida Bar membership number on all pleadings filed with the appellate court.

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12. Change of Address of Attorneys or Parties

All attorneys representing parties in this court and parties representing themselves shall promptly notify this court of any changes of their address. Attorneys and self-represented parties who register with eDCA must maintain accurate email address(es) in their registrations. All orders and decisions of this court sent to the last email or mailing address in the court file will be presumed to be adequate notice for all purposes.

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