FEBRUARY – MARCH 2026
rule9.200( B)( 5): theherooFthereCordonaPPeal appellate Practice Section
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memory. Logic follows then that the closer to the proceeding the statement is prepared the more accurate the statement will be, in turn decreasing the chances that the other parties or the court will struggle to recount the proceeding. This will result in a smoother approval process. Second, the approval process can be lengthy. Given the necessity to allow for objections and obtain court approval, it is possible that approval of the statement may require a hearing. Considering appellate timelines, this may also necessitate supplementing the record on appeal.
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FEBRUARY – MARCH 2026
What should be included in a Statement of Evidence or Proceedings?
Short answer: everything that comes to mind.
From an appellate attorney’ s standpoint, it may be difficult to draft a statement without being present at the proceeding. However, there is no such things as being overinclusive in a statement of evidence or proceedings, especially given the checks and balances built into the process. It is important to focus on( a) any evidence presented,( b) any findings of fact, and( c) the court’ s reasoning behind its decision( s).
While drafting a Statement of Evidence or Proceedings will add another task to the( surely already full) to-do list, it also provides an opportunity to avoid a Per Curiam Affirmance with a citation to Applegate. n
Author: Gabriella Lopez – Banker Lopez Gassler P. A.
Jacqueline Rose Ambrose Georgia Begin Crystal Berrios Cameron A. Carlyle Abigail Cavanaugh Kaley Ann Darrigo Goliath Davis IV John Duffy Corrie Dutton Nicole Epstein Justin Fahringer Joshua Ishi Hamburger Kimberly Hutchinson Tiffany Patrice Kelley
Jacqueline Malfa Kulchin Joseph Lazzarotti Steven Medendorp Mark Morris Pamela Oakes Stefanie-Jo Faresa Osborn Myra Pearson Lydia Plotz Robert Salta Christine Senne Gabrielle Silberman Erin Smith Matthew Tonuzi Douglas Bryan Warlick, Jr.
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