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Appellate Court Rules Committee three-year cycle report

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Appellate Court Rules Committee three-year cycle report


The Appellate Court Rules Committee invites comments on the proposed rule amendments anticipated to be included in the Committee’s three-year cycle report. The full text of the proposals can be found on The Florida Bar’s website at www.FloridaBar.org. Interested persons have until August 1, 2016, to submit any comments, electronically, to Kristin Norse, Incoming Chair of the Appellate Court Rules Committee, at [email protected], and to the Bar staff liaison, Heather Telfer, at [email protected].org.

Rule/Form
Vote
Explanation
Rule 9.010. 48-1 Moves language addressing the priority of appellate rules from Rule 9.020(h) to Rule 9.010. Changes rule title to “Effective Date; Scope; Applicability of Florida Rules of Judicial Administration.”
Rule 9.020. Editorial 41-0


Subdivision (h) 48-1


Subdivision (h)–(i) 42-0

Subdivision (j) 42-0

Committee Note 43-0.

Removes hyphen in “non-final” for consistency throughout the rules set.

Moves the contents of subdivision (h) from Rule 9.020 to Rule 9.010. Renumbers remaining subdivisions.

Substantive reorganization of the “rendition” subdivision. Renumber subdivision (i) “Rendition (of an Order)” as subdivision (h). Defines rendition for documents electronically docketed. Creates new subdivisions (h)(1)(A)–(h)(1)(I) to detail the motions that can toll rendition. New subdivisions (h)(2)(A)–(h)(2)(C) detail the effect of motions tolling rendition. The subdivision titled “Rendition of an Appellate Order” is renumbered as subdivision (i). Amendments to “Rendition of an Appellate Order” define rendition for electronically docketed appellate orders.

Proposed subdivision (j) defines “conformed copy.”

Creates a committee note to explain amendments to the rendition definition.

Rule 9.030. Editorial 41-0

Subdivision (c)(4) 41-0

Adds punctuation throughout. Clarifies that subdivision (a) is referencing the Supreme Court of Florida. Removes the hyphen from “non-final” for consistency throughout the rules set. Amends subdivisions (a)(1)(B)(i), (b)(1)(A), and (c)(1)(B) to include the conjunctive “and.” Amends subdivisions (a)(2)(A)(v), (b)(2)(A), and (b)(4)(A) to include the conjunctive “or.”

New subdivision (c)(4) requires that matters within the circuit court’s jurisdiction should be considered by a panel of 3 judges, and the concurrence of 2 judges shall be necessary for a decision.

Rule 9.040. Editorial 41-0 Removes the hyphen from “non-final” for consistency throughout the rules set. Subdivision (b)(2)(B) is amended to change “which” to “that.” Clarifies that subdivision (g) is referencing the District Court of Appeal.
Rule 9.100. 41-0 Removes the hyphen from “non-final” for consistency throughout the rules set. Standardizes capitalization to conform to the Supreme Court’s Style Guide and adds punctuation throughout. Subdivision (c) is amended to add the conjunctive “or” to the end of subdivision (c)(3).
Rule 9.110. Editorial 41-0

Subdivisions (h), (k) and Committee Note 42-0

Subdivision (l) 42-0

Removes the hyphen from “non-jury” for consistency throughout the rules set and standardizes capitalization to conform to the Supreme Court’s Style Guide.

Subdivision (h) is amended to reflect that the scope of review is different for review of partial final judgments pursuant to subdivision (k). Amendments to subdivision (k) detail the scope of review for partial final judgments. Creates a committee note.

Amends the rule citation in subdivision (l) to conform to the renumbering of the “rendition” subdivision to Rule 9.020(h).

Rule 9.120. Editorial 41-0

Subdivision (f) 42-0

Amended to add articles in subdivision (d) for consistency. Clarifies that subdivision (d) is referring to the district courts of appeal.

Subdivision (f) is amended to delete the requirement that a conformed copy of the decision of a district court of appeal be filed in the appendix.

Rule 9.125. Editorial 41-0

Subdivision (g) 47-0

Amends the rule’s title to clarify that the rule title is referencing the Supreme Court of Florida. Subdivisions (a) and (c) are amended to clarify that these subdivisions are referencing the district court of appeal.

Subdivision (e) is amended to conform to the Supreme Court’s Style Guide concerning lists. Subdivision (e)(3) is amended to remove the signature block as it is unnecessary.

Subdivision (f) is amended to clarify that the court being referenced is the district court of appeal. Subdivision (g) is amended to clarify that the courts being referenced are the Supreme Court of Florida and the district court of appeal.

Subdivision (g) is amended to remove the reference to “papers.”

Rule 9.130. Editorial 41-0


Subdivision (a) 42-0


Subdivision (a) 40-7

Removes the hyphen from “non-final” for consistency throughout the rules set. Amends subdivision (a)(3)(D) to change “and” to “or” which is more accurate. Adds an article before “appellant” in subdivision (e).

Permits review of nonfinal orders to determine if, as a matter of law, a settlement agreement is unenforceable, was set aside, or never existed. Creates new subdivision (a)(3)(C)(xii).

Permits review of nonfinal orders that grant or deny a motion to disqualify counsel. Creates new subdivision (a)(3)(E).

Rule 9.140. Editorial 41-0


Subdivisions (c)(3), (d)(1), (d)(1)(D), and (f) 41-0

Subdivision (f)(5) 47-0


Subdivisions (f)(6)(A)–(f)(6)(B) 48-0

Adds punctuation throughout. Removes the hyphen from “non-final” and “non-indigent” for consistency throughout the rules set. Standardizes capitalization to conform to the Supreme Court’s Style Guide.

Amends subdivision (c)(3) to delete the phrase “of record” and clarify that the defendant’s attorney is being referenced. Amends subdivision (d)(1) to remove the phrase “attorney of record” and remove redundant language in the first sentence. Avoids conflict with proposed amendments to Florida Rules of Judicial Administration. Amends subdivision (d)(1)(D) to identify who is responsible for filing and serving designations on the court reporter. Subdivisions (f)(2)(C)–(f)(2)(E), and (f)(6)(B) are amended to clarify who is responsible for serving the designation on the court reporter.

Amends subdivision (f)(5) to require the return of any portions of the appellate record that were not electronically filed.

Amendments address possible conflict concerning the timeframe for preparing the record and the timeframe for motions for rehearing as a result of amendments to Florida Rule of Criminal Procedure 3.800. Amendments also detail how to supplement the record. Creates subdivision titles for subdivisions (f)(6)(A) and (f)(6)(B).

Rule 9.141. Editorial 41-0


Subdivision (b)(2)(B) 43-0

Subdivision (b)(3)(B)(ii) 44-0

Removes the hyphen from “non-final” and “post-conviction” for consistency throughout the rules set. Amends subdivision (c)(6)(D) to clarify that the court being referenced is the district court of appeal.

Amends subdivision (b)(2)(B) to require the indexing and pagination of the record and that the clerk send copies of the index and record to the parties.

Amends subdivision (b)(3)(B)(ii) to allow the appellant to give directions to the clerk on items to include in the record within 10 days of filing the notice of appeal.

Rule 9.142. 41-0 Amends subdivision (a)(1)(B) to change “Supreme Court” to “supreme court” to conform to the Supreme Court’s Style Guide. Amends subdivision (b)(2)(D) to include the conjunctive “and.” Subdivision (b)(3)(A) is amended to add an article in front of “petitioner.” Punctuation corrections throughout. Removes the hyphen from “post-conviction” for consistency throughout the rules set. Amends subdivision (d)(2)(A) to clarify that the type of notice that should be filed is a notice of appeal. Clarifies that the title of subdivision (d)(2)(D) refers to the Supreme Court of Florida.
Rule 9.145. Editorial 41-0

Subdivision (d)

Removes the hyphen from “non-final” for consistency throughout the rules set. Punctuation corrections throughout.

Subdivision (d) is amended to remove the reference to “papers.”

Rule 9.146. Editorial 41-0

Subdivisions (c)(3), (g)(3)(B), (g)(4)(B) 43-0


Subdivision (g)(2)(C) 47-0

Removes the hyphen from “non-final” and “non-indigent” for consistency throughout the rules set.

Creates subdivision (c)(3) to address review of orders entered by lower tribunals. Amends subdivision (g)(3)(B) to clarify that if more than 1 initial or answer brief is served, the response brief shall be served within 20 days after the last initial brief or within 10 days after the last answer brief was served. Subdivision (g)(4)(B) is amended to require that withdrawing counsel certify that they have forwarded a copy of the record and transcripts of the proceedings to the parent.

Subdivision (g)(2)(C) is amended to require that the clerk provide the record in “paper format” instead of “paper form.”

Rule 9.150. Editorial Only Changes “one” to “1” to conform to the Supreme Court’s Style Guide.
Rule 9.160. 41-0 In subdivision (c), removes the hyphen from “non-final” for consistency throughout the rules set. Subdivision (f)(2) amended to correctly reference the district court of appeal.
Rule 9.170. Subdivision (c) 41-0 In subdivision (c), the amendments require a party serving a direction regarding an alternative appendix on the clerk of the lower tribunal serve a copy of such direction on the court at the same time it is served on the clerk of the lower tribunal.
Rule 9.180. Editorial 41-0

Subdivision (f) 41-0

Corrects punctuation and adds articles before “appellant” throughout. Removes the hyphen from “non-final” for consistency throughout the rules set. The title of subdivision (e)(1) is amended to clarify that the referenced court is the District Court of Appeal. The title of subdivision (e)(2) is amended to clarify that the referenced court is the Supreme Court of Florida. In subdivision (h)(2), the hyphen is removed from “non-final” for consistency throughout the rules set.

Subdivisions (f)(6)(A)–(f)(6)(C) are amended to create consistent references to approved court reporters and approved transcriptionist. Subdivision (f)(6)(B) refers to “transcriber” and the Committee proposes amending those references to “transcriptionist.”

Rule 9.190. Editorial 41-0

Subdivision (c) 47-0

The hyphen is removed from “non-final” for consistency throughout the rules set. Subdivision (c)(2)(E)(ii) is amended to correct the conjunctive from “and” to “or.” Subdivision (c)(4) is amended to add an article before “appellant” in the second sentence.

Amends subdivision (c) to add titles to subdivisions (c)(2)(A)–(c)(2)(F). Subdivision (c)(1)(A) is amended to remove the reference to section 120.56, Florida Statutes, as is it unnecessary. Further amendments to the subdivision remove language in parentheticals that describe the statutes. Subdivisions (c)(2)(B)–(c)(2)(D) are amended to remove the language in parentheticals as it is better explained through subdivision titles. Subdivision (c)(2)(C) is further amended to correctly refer to the Florida Administrative Register. Subdivision (c)(2)(E) is titled “Challenge to Rules” and is further divided into subdivisions (c)(2)(E)(i)–(c)(2)(E)(ii). New subdivision (c)(2)(E)(i) details the contents of the record in an appellate proceedings pursuant to section 120.56, Florida Statutes. Subdivision (c)(2)(E)(ii) contains the existing contents of subdivision (c)(2)(E) and is further amended to remove the language in parentheticals.

Rule 9.200. Editorial 41-0

Subdivision (b) 41-0

Subdivision (b) and Committee Note 21-20

Subdivisions (b) and (c) are amended to clarify that the notice being referenced is a notice of appeal. Subdivision (e) is amended to add an article before “appellant” in the first sentence of the subdivision.

Amends subdivision (b)(1) to make it clear who is responsible for filing and serving the designation on the approved court reporter, civil court reporter, or approved transcriptionist.

Creates subdivision titles for subdivisions (b)(1)–(b)(4). Renumbers existing subdivisions (b)(1)–(b)(4) to track the order of the proceedings. Creates a new subdivisions (b)(5)(A)–(b)(5)(D) to detail the requirements for filing a statement of evidence or proceedings and implements deadlines for filing. Changes time frame for service of the designated transcript from 5 days to 10 days in renumbered subdivision (b)(3). Creates a committee note.

Rule 9.210. Editorial 41-0

Subdivision (a)(1) 42-0

Subdivisions (a)(6) and (f) 25-14

Subdivisions (b)(1)–(b)(8) are amended to begin with a lower case letter and end with a semicolon to conform to the Supreme Court’s Style Guide. The sentence referring users to Rule 9.800 for a uniform citation system is deleted as being duplicative.

Subdivision (a)(1) is amended by adding a sentence that clarifies that if a brief is filed in electronic format, a paper copy need not be filed.

Subdivision (a)(6) is amended to require that if an attorney is representing more than 1 party in an appeal, the attorney may only file 1 initial or answer brief, and if authorized, 1 reply brief. A single party responding to more than 1 brief, or represented by more than 1 attorney, is similarly bound.

Subdivision (f) is amended to add filing timeframes for cases in which there is more than 1 initial or answer brief.

Rule 9.225. 36-5 Rephrases the first sentence to remove passive voice and allow for the filing of more than 1 notice of supplemental authority.
Rule 9.300. 21-20 Adds that a motion granting an order finalizing the statement of evidence or proceedings shall extend automatically the time for service of the next brief due in the proceedings. Conforms the rule to the proposed amendments to Rule 9.200(b)(1)–(b)(5).
Rule 9.310. 41-0 Subdivision (a) is amended to remove the hyphen from “non-final” for consistency throughout the rules set.
Rule 9.330. Editorial 41-0

47-0-1

In subdivision (a) the signature block is deleted as being unnecessary. Subdivisions (d) and (d)(3) are amended to clarify that the court being referenced is the district court of appeal.

Substantial revision of the rule. Subdivision (a) is broken into several smaller, titled, subdivisions to address time for filing, the contents of a motion for rehearing, motion for clarification, motion for certification, and motion for written opinion. New subdivisions (a)(2)(D)(i)–(a)(2)(D)(iii) detail the reasons under which a party can file a motion for a written opinion. These reasons are based on the Judicial Management Council’s Final Report and Recommendations of the Committee on Per Curiam Affirmed Decisions.

Subdivision (a)(3) is titled and details the requirements for a response. The amendments propose the deletion of the certification statement.

Subdivision (b) is amended to include written opinion as an optional motion. The amendments make the sentence easier to read. The Committee proposes a second sentence in subdivision (b) to require that all motions regarding a particular order or decision be combined into a single document.

Amendments to subdivision (c) clarify that the subdivision applies to both orders and decisions.

New subdivision (e) creates an applicability subdivision for this rule.

New committee note.

Rule 9.331. Editorial 41-0

Subdivision (a) 48-0

Subdivision (a) 37-4

Subdivision (a) is amended to correctly reference the district court of appeal. Subdivision (d)(2) is amended to remove the signature block as it is unnecessary. Subdivision (d)(3) is amended to remove “and may” from the last sentence to be more grammatically correct. Additionally, “or any combination of those options” is added to the end of subdivision (d)(3) to clarify that if rehearing en banc is granted, the court may impose limits on the issues to be heard, additional briefs and additional argument.

Subdivision (a) is amended to conform to previously approved amendments to Rule 9.330. In the fourth sentence of the proposed amendment, “or issue” is added.

Subdivision (a) is amended to require that if a majority of participating judges order a proceeding to be determined en banc, the parties will be promptly notified.

Rule 9.350. Editorial 41-0

Subdivision (b) 44-0

Subdivision (b) 41-0

Amended to include an article before “petitioner” in subdivision (b).

Subdivision (b) is amended to provide that a dismissal shall not be effective until 10 days after the service, and not the filing, of the notice of appeal, or until 10 days after the time prescribed by Rule 9.110(b).

Subdivision (b) is amended to clarify that in a proceeding under Rule 9.120, the dismissal shall not be effective until 10 days either after the serving of the notice to invoke discretionary jurisdiction or after the time prescribed in Rule 9.120(b).

Rule 9.360. Editorial 41-0

Subdivision (a) 42-0

Subdivision (a) and Committee Note 40-0

Subdivision (c) 41-0

Amended to include an article before “appellant” in the first sentence of subdivision (a). Subdivision (c)(4) is amended to clarify that the notice being referenced is a notice of appeal.

Subdivision (a) is amended to clarify that a motion for joinder is really asking the court to realign an appellee or respondent as an appellant or petitioner.

Amends subdivision (a) to require that the body of the notice of joinder set forth the proposed new caption. Creates a committee note.

Subdivision (c)(4) is amended to remove the reference to “attorney of record” to avoid conflict with proposed amendments to the Rules of Judicial Administration.

Rule 9.370. Editorial 41-0

38-1-1

Subdivision (b) is amended to correct the incorrect capitalization of Rule 9.210(b). Subdivision (d) is amended to clarify that the court referenced is the Supreme Court of Florida. Editorial amendment to subdivision (d) changing “one” to “1” to adhere to the Supreme Court’s Style Guide.

Proposed amendments to subdivision (c) clarify that amici must seek leave of court to file an amicus curiae brief in support of or opposition to a motion for rehearing. Additional amendments throughout the rule are proposed to make the references to “amicus brief” consistent.

Rule 9.380. 29-11 New rule to detail a party’s ability to file a notice of related case or issue. References a new proposed form for filing a notice of related case or issue.
Rule 9.400. Editorial 41-0


Subdivision (b) and Committee Note 41-0

Amended to add a colon at the end of the second sentence in subdivision (a).

Proposed amendments create new subdivisions (b)(3)–(b)(4) that explain how a party may seek attorneys’ fees in discretionary proceedings before the Florida Supreme Court.

New committee note details the service of a motion for attorneys’ fees in a discretionary review proceeding.

Rule 9.410. Editorial 41-0


Subdivisions (a), (b)(3), and (b)(4) 47-0

Amends subdivision (b)(4) to change “which” to “that” in the second sentence of the second paragraph. Deletes the signature block as it is unnecessary.

Subdivisions (a), (b)(3), and (b)(4) are amended to remove the reference to “papers.”

Rule 9.420. Editorial 41-0

Subdivision (c) 39-3

Subdivision (c) 47-0

Amends subdivisions (a)(2)(A)–(a)(2)(B) to begin the subdivisions with a lower case letter and end subdivision (a)(2)(A) with a semicolon to conform to the Supreme Court’s Style Guide.

Amends subdivision (c) to remove the requirement that the initial document in an appeal be served through mail and e-mail. Creates an exception to e-mail service for petitions invoking original jurisdiction of the court.

Subdivision (c) is amended to change “paper form” to “paper format.”

Rule 9.430. Editorial 41-0 Amends subdivision (c)(1) to end the subdivision with a colon to conform to the Supreme Court’s Style Guide. Subdivision (c)(1)(A) is amended to replace the period with a semicolon. Subdivision (d) is amended to add an article before “court.”
Rule 9.500. 42-0 Amends subdivision (b) to more closely follow the Supreme Court’s internal operating procedures and to track and cite to the Florida Constitution.
Rule 9.510. 41-0 Amends subdivision (c) to more closely follow the Supreme Court’s internal operating procedure and follow the language of the Florida Constitution.
Rule 9.700. 41-0 Amends subdivision (e) to change “which” to “that.”
Rule 9.710. 41-0 Removes the hyphen in “post-conviction” in subdivision (a) for consistency throughout the rules set. Currently all of the subdivisions are shown as bold sentences. The proposed amendments change the subdivisions from bold sentences to a nonbold list.
Rule 9.720. 41-0 Amends the punctuation throughout to conform to the Supreme Court’s Style Guide. Amends subdivisions (b)(1)–(b)(4) to begin with lower case and end with subdivisions (b)(1)–(b)(3) with semicolons to conform to the Supreme Court’s Style Guide.
Rule 9.800. 42-0

Subdivision (h) 42-4-1

Subdivision (h) 42-0


Subdivision (i) 41-0

42-0

Substantial amendments to the rule. Proposed amendments to subdivisions (a)–(c) provide citation forms for slip opinions, Florida Law Weekly, Westlaw and LEXIS.

As proposed, subdivision (d) is amended to reorganize the references to Florida Administrative Agencies into: final agency orders; decisions of the Florida Department of Administrative Hearings; citation format for a case’s subsequent agency history and courts; and formats for decisions available online but not in administrative law reporters.

Amendments to subdivision (e) further divide the subdivision to provide formats for citing the current provisions of the Florida Constitution and the historic provisions of the Florida Constitution.

Proposed amendments to subdivision (f) update the citation to current Florida Statutes. Divides subdivision (f) into two new subdivisions.

Proposed amendments divide subdivision (h) into three new subdivisions that address: Florida Laws from 1997–present; 1957–1996; and before 1957.

Removes requirement to cite to page number for Laws of Florida as page number is not always available.

Proposed amendments to subdivision (i) spell out the rules set before detailing the citation format. Deleted citation format to the Florida Administration Code, which is now addressed in subdivision (g).

Creates a citation form for citing the Florida Standard Jury Instructions in Contract and Business Cases.

Citation corrections proposed for subdivision (j).

As proposed, subdivision (k) is further divided to provide citation formats for slip opinions; Florida Law Weekly Federal; Westlaw; and LEXIS.

As proposed, subdivision (l) is further divided to provide citation formats for slip opinions; Federal Appendix; Florida Law Weekly Federal; Westlaw; and LEXIS.

As proposed, subdivision (m) is further divided to provide citation formats for slip opinions; Florida Law Weekly Federal; Westlaw and LEXIS.

Proposed amendments to subdivision (n) divide up the contents into new subdivisions (n)(1)–(n)(2) for greater readability.

Proposed amendments to subdivision (o) prioritize the Florida Style Manual in the list of other citation formats. Provides the website address for the online version of the Florida Style Manual. Moves first sentence, on pinpoint citations, to subdivision (p).

As proposed, subdivision (p) in amended to add “Pinpoint Citations” to the subdivision title and the text of the subdivision is amended to show a preference for pinpoint citations.

Rule 9.900.

Rule 9.900.

Editorial 41-0

Subdivisions (a)–(f) 42-0

Subdivision (h) 47-0

Subdivision (h) 41-0

Subdivision (k) 29-11

Subdivision (l) 40-0

Subdivisions (c)(1)–(c)(2) are amended to remove the hyphen from “non-final” for consistency throughout the rules set. Subdivision (f) is amended to add “Notice of Appeal” to the case style.

Amends subdivisions (a) – (f) to conform to the renumbering of the “rendition” subdivision to Rule 9.020(h) from subdivision (i).

Requires that the attorney filing a designation certify that the designation has been served on the approved court reporter, civil court reporter, or approved transcriptionist.

Proposed amendment clarifies that the transcripts are to be provided in paper format.

Creates a form for filing a notice of related case or issue.

Creates a form for notice of joinder pursuant to Rule 9.360. Requires that the new caption be included in the form.