Amendments to the appellate rules
Amendments to the appellate rules
The Florida Supreme Court recently amended Florida Rule of Appellate Procedure 9.140(g), effective July 1, 2016, in a revised opinion. See In re: Amendments to Florida Rule of Appellate Procedure 9.140, No. SC15-2296 (Fla. June 30, 2016). The court invites all interested persons to comment on the amendment to rule 9.140, which is reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the court on or before August 29, with a certificate of service verifying that a copy has been served on the Supreme Court’s Criminal Court Steering Committee Chair Judge Jay Cohen, c/o Bart Schneider, Office of the General Counsel, 500 S. Duval Street, Tallahassee 32399-1925, [email protected]. A separate request for oral argument should accompany the comment if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The chair has until September 19 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.
IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.140, Case No. SC15-2296
RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES
(a) – (f) [No changes]
(g) Briefs.
(1) Briefs on the merits. Initial briefs, including those filed pursuant to subdivision (g)(2)(A), shall be served within 30 days of servicetransmission of the record or designation of appointed counsel, whichever is later. Additional briefs shall be served as prescribed by rule 9.210.
(B) Upon discovery of an unpreserved sentencing, disposition, or commitment order error, the court may strike the brief and allow for a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) or Florida Rule of Juvenile Procedure 8.135(b)(2) to be filed. The court’s order may contain deadlines for the cause to be resolved within a reasonable time.
(h) – (i) [No changes]
[No changes]
Court Commentary
[No changes]
