US Supreme Court

Appellate FAQ's

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Appellate Frequently Asked Questions

How long do I have to file a Notice of Appeal in a Florida appeal?
Notice Of Appeal  
30 DAYS
9.110(b) [Civil Appeals]
Notice of Appeal must be filed within 30 days of “rendition” of the order / judgment to be appealed.
30 DAYS
9.140(b)(3) [Criminal Appeals]
Must be filed with the clerk of the lower tribunal “at any time between rendition of a final judgment and 30 days following rendition of a written order imposing sentence.”
How many attorneys are Board Certified in the state of Florida?

Only 7 percent of attorneys in the state of Florida are Board Certified in any subject.

 

How many days do you have to file an appeal to the Florida Supreme Court?

30 Days.

You have 30 days to file Notice to Invoke Discretionary Jurisdiction of the Florida Supreme Court. (This must be filed in the District Court of Appeal.)

 

What are the requirements to be Board Certified in Appellate Practice?

Becoming Board Certified is a very stringent process. There are several different aspects to becoming Board Certified:

  • Practice Experience: You must have at least five (5) years of experience in appellate law, and 30 percent of your caseload must have been in appellate practice during the three (3) years preceding your application for board certification. You must also be the primary counsel in at least 25 appeals during the five (5) years preceding the application process. In addition, you must have conducted at least 5 oral arguments in an appellate case during those five (5) years.
  • Peer Review: Four (4) appellate attorneys and two (2) appellate judges must "attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism."
  • Education: The applicant for board certification must have completed 45 hours of continuing legal education in appellate practice over the last three (3) years.
  • Examination: The applicant must pass an examination designed to demonstrate sufficient knowledge, proficiency and experience in appellate practice. This includes the recognition, preservation, and presentation of trial error, and knowledge and application of the rules of appellate procedure applicable to state and federal appellate practice in Florida.
What deadlines should I be aware in an appeal to the Florida Supreme Court?
Florida Supreme Court Proceedings  
30 DAYS
9.120(b)
To file Notice to Invoke Discretionary Jurisdiction of Florida Supreme Court (this must be filed in the District Court of Appeal)

10 DAYS
9.120(d)

To file jurisdictional brief with Florida Supreme Court after filing Notice to Invoke Discretionary Jurisdiction of Florida Supreme Court
60 DAYS
9.120(e)
After Florida Supreme Court enters order accepting / postponing decision on discretionary jurisdiction, District Court of Appeal clerk must submit record on appeal to Florida Supreme Court
20 DAYS
9.120(f)
After Florida Supreme Court enters order accepting / postponing decision on jurisdiction, Petitioner must submit Initial Brief
What rules govern preparation of the record in a Florida appeal?
Preparation Of The Record On Appeal  
10 DAYS
9.200(a)(2);
9.200(b)(1)
From date of filing Notice of Appeal for Appellant to file Directions to the Clerk /  Statement of Judicial Acts to be Reviewed / Designations to Court Reporter

20 DAYS
9.200(b)(1)

From date of filing Notice of Appeal for Appellee to file supplemental Directions to the Clerk
30 DAYS
9.200(b)(2)
From date of filing Designations to Court Reporter for court reporter to file and serve the designated proceedings with the clerk of the lower tribunal
5 DAYS
9.200(b)(2)
From service of designated materials from the court reporter for party who designated materials to serve opposing party/parties with transcripts

20 DAYS
9.200(c)

From date of Notice of Cross Appeal to file Directions to the Clerk

10 DAYS
9.200(c)

From Cross-Appellant’s service of Directions to the Clerk, Cross-Appellee must file supplement to Cross-Appellant’s Directions to the Clerk if necessary
50 DAYS
RULE 9.110(e)
From filing Notice of Appeal, clerk of lower tribunal must prepare record and serve index of record on appeal
110 DAYS
RULE 9.110(e)
From filing Notice of Appeal, clerk of lower tribunal must electronically transmit record on appeal to appellate court

 

What rules govern the briefing schedule in a Florida appeal?
Briefs  
70 DAYS
9.110(f) [Civil Appeals challenging final order or judgment]
Appellant’s Initial Brief must be served within 70 days of the Notice of Appeal
15 DAYS
9.130(e) [Civil Appeals challenging non-final order enumerated in Rule 9.130]
Appellant’s Initial Brief and Appendix must be served within 15 days of the Notice of Appeal
30 DAYS
9.140(g)(1) [Criminal Appeals]
Appellant’s Initial Brief must be served within 30 days of transmission of the record or designation of appointed counsel, whichever is later.
20 DAYS
9.210(f) [Civil and Criminal Appeals]
Appellee’s Answer Brief must be served within 20 days of service of Initial Brief
20 DAYS
9.210(f) [Civil and Criminal Appeals]
Appellant’s Reply Brief must be served within 20 days of service of the Answer Brief