bEyonD tHE RuLES : intERnaL PREFEREnCES oF tHE SEConD DCa
Appellate Practice Section
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holiday that could affect your deadline ? Look no further than the Court ’ s published list of court holidays . Ever find yourself reading a decision and dying to read the briefs ? Check out the “ Briefs in Other Cases ” function on eDCA .
Administrative orders provide guidance too . Like many of Florida ’ s District Courts of Appeal , the Court allows parties to stipulate to briefing extensions in certain appeals instead of filing a motion under Rule 9.300 ( a ). This procedure applies to final criminal , civil , and administrative appeals only ( note the exclusion of nonfinal appeals and original proceedings ). 90-day extensions are available for principal briefs and 60-day extensions for replies .
At the start of most appeals , the Court issues a Notice to Attorneys and Parties ( also available on its website ). Those who read this Notice carefully will “ notice ” a few important Court-specific requirements that aren ’ t necessarily contained in the Rules . For instance , motions for extension of time should specify the expiration day of the requested extension . And Rule 9.380 ’ s Notice of Related Cases , if applicable , should be filed within seven days of receiving the Court ’ s initial acknowledgment letter .
Before oral argument , the Court will issue its Oral Argument Notice . A few items from that Notice to keep in mind : ( 1 ) multiple appellants or appellees must share the allotted 20 minutes per side and should inform the Court at the beginning of oral argument of how they will share time ; ( 2 ) any counsel wishing to argue who was not listed on the briefs must file a notice of appearance no later than the day before oral argument ; and ( 3 ) the failure to attend oral argument may be treated as a waiver of oral argument by the acting chief judge .
And , if all else fails and you are still struggling for an answer , you have one last trick in the bag — give the Clerk ’ s office a call ! n
Author : Chance Lyman – Buchanan Ingersoll & Rooney PC
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