1. Florida Association of Court Clerks & Comptrollers Preparation of the Record on Appeal including Death Penalty Cases Tampa, Florida June 15, Presented by: Thomas D. Hall and Mary Cay Blanks

2. Ground Rules of Presentation
Informal
Feel free to ask questions as we go
Intend to be interactive
Overview
Materials

3. Overview (cont'd.) Time Standards, Rules and/or Statute
Perceived Major Sources of Delay for Records on Appeal
We will discuss electronic records

4. Overview Actions taken (and by whom) upon Filing Notice of Appeal
Motions Practice
Management Information
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5. Types of Appeals
Civil (including Family, Probate, Guardianship) – Rule 9.110(e)
Criminal and Juvenile Delinquincy – Rule 9.140(f)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B)
DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2).
DEATH PENALTY – Rule 9.142

6. Timeframes and Other Provisions of the Rules
CIVIL APPEALS
Directions to the clerk and designations to the reporter to be filed within 10 days of the notice of appeal
Transcripts to be filed with the trial court within 30 days of service of the designations
Index to record on appeal to be served on parties within 50 days of the notice of appeal
Record on appeal to be transmitted to the appellate court within 110 days of the notice of appeal

7. Timeframes and Other Provisions of the Rules (continued)
CIVIL APPEALS (continued)
Process docket to be incorporated into the record immediately after the index.
Documents to be paginated
Trial transcripts to be incorporated at the end of the record and not renumbered by the clerk
Record to be securely bound in consecutively numbered volumes not exceeding 200 pages

8. Timeframes and Other Provisions of the Rules (continued)
CRIMINAL and JUVENILE DELINQUINCY – Rule 9.140(f)
Directions to the clerk and designations to the reporter to be filed within 10 days of the notice of appeal
Transcripts to be filed with the trial court within 30 days of service of the designations
Record on appeal to be transmitted to the appellate court and served on the attorney general and counsel appointed to represent indigent defendants within 50 days of the notice of appeal.

9. Timeframes and Other Provisions of the Rules (continued)
CRIMINAL and JUVENILE DELINQUINCY – Rule 9.140(f) (continued)
Index to record on appeal to be served on non-indigent defendants within 50 days of the notice of appeal.
Process docket to be incorporated into the record immediately after the index.
Documents to be paginated
Trial transcripts to be incorporated at the end of the record and not renumbered by the clerk
Record to be securely bound in consecutively numbered volumes not exceeding 200 pages

10. Timeframes and Other Provisions of the Rules (continued)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B)
Summary Appeal of Rule 3.800(a), and 3.853
Record on appeal consisting of the motion, response, reply, order on the motion, motion for rehearing, order on motion for rehearing and attachments to any of the foregoing to be transmitted with the notice of appeal.
No index or pagination is required unless ordered by the Court.

11. Timeframes and Other Provisions of the Rules (continued)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
Summary Appeal of Rule 3.800(a), and (continued)
The parties are not served with an index or copy of the record unless ordered by the Court.

12. Timeframes and Other Provisions of the Rules (continued)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
Appeal of Rule and after an Evidentiary Hearing
Within 5 days of the filing of a notice of appeal by an indigent pro se litigant, the Clerk shall request the court reporter to transcribe the evidentiary hearing
Transcripts to be filed with the trial court within 30 days of service of the designations

13. Timeframes and Other Provisions of the Rules (continued)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
Appeal of Rule and after an Evidentiary Hearing (continued)
Within 50 days of the notice of appeal, the record on appeal consisting of the motions, response, reply order on the motion, motion for rehearing, order on motion for rehearing and attachments to any of the foregoing, together with the transcript to be transmitted to the appellant court and served on the attorney general and counsel appointed to represent indigent defendants.

14. Timeframes and Other Provisions of the Rules (continued)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
Appeal of Rule and after an Evidentiary Hearing (continued)
Within 50 days of the notice of appeal, the index to record on appeal to be served on non-indigent defendants
Documents to be paginated
Transcripts to be incorporated at the end of the record and not renumbered by the clerk.

15. Timeframes and Other Provisions of the Rules (continued)
POST-CONVICTION – Rule 9.141(b)(2) and 9.141(b)(3)(B) [continued]
Appeal of Rule and after an Evidentiary Hearing (continued)
Process docket to be incorporated into the record immediately after the index
Record to be securely bound in consecutively numbered volumes not exceeding 200 pages

16. Timeframes and Other Provisions of the Rules (continued)
DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2)
Directions to the clerk and designations to the reporter to be filed with the notice of appeal
Transcripts to be filed with the trial court within 20 days of service of the designations
Within 5 days of the filing of the transcript, the record on appeal is to be transmitted to the appellate court and served on the Department of Children and Family Services, guardian ad litem and counsel appointed to represent indigent parties.

17. Timeframes and Other Provisions of the Rules (continued)
DEPENDENCY and TERMINATION OF PARENTAL RIGHTS – Rule 9.146(g)(2) [continued]
Process docket to be incorporated into the record immediately after the index.
Documents to be paginated
Transcripts to be incorporated at the end of the record and not renumbered by the clerk
Record to be securely bound in consecutively numbered volumes

18. Timeframes and Other Provisions of the Death Penalty – Rule 9.142
Initial & Retrial Appeals (handout materials contain a reference chart)
Rule (9.140(f) & 9.200) states:
Transcripts to be filed with trial court within 40 days of filing of Notice of Appeal
Record on Appeal from trial court to be filed with Florida Supreme Court within 50 days of filing of Notice of Appeal

19. Death Penalty – Rule 9.142 (cont'd.)
Initial & Retrial Appeals (cont'd.)
Supreme Court Order states:
Transcripts to be filed with trial court within 80 days from filing of notice of appeal in Florida Supreme Court
Record on Appeal from trial court to be filed with Florida Supreme Court within 100 days from filing of notice of appeal in Florida Supreme Court

20. Death Penalty – Rule 9.142 (cont'd.)
Resentencing & (3.851) Evidentiary Hearing Appeals
Rule (9.140(f) & 9.200) states:
Transcripts to be filed with trial court within 40 days of filing of Notice of Appeal
Record on Appeal from trial court to be filed with Florida Supreme Court within 50 days of filing of Notice of Appeal

21. Death Penalty – Rule 9.142 (cont'd.)
Resentencing & (3.851) Evidentiary Hearing Appeals (cont'd.)
Supreme Court Order states:
Transcripts to be filed with trial court within 80 days from filing of notice of appeal in Florida Supreme Court
Record on Appeal from trial court to be filed with Florida Supreme Court within 100 days from filing of notice of appeal in Florida Supreme Court

22. Death Penalty – Rule 9.142 (cont'd.)
3.850, Non-Evidentiary, Successive 3.203, 3.850, 3.851, Appeals
Rule states:
Transcripts to be filed with trial court within 40 days of filing of Notice of Appeal
Record on Appeal from trial court to be filed with Florida Supreme Court within 50 days of filing of Notice of Appeal

23. Death Penalty – Rule 9.142 (cont'd.)
3.851 Non-Evidentiary, Successive 3.203, 3.851, Appeals (cont'd.)
Supreme Court Order states:
Transcripts to be filed with trial court within 50 days from filing of notice of appeal in Florida Supreme Court
Record on Appeal from trial court to be filed with Florida Supreme Court within 70 days from filing of notice of appeal in Florida Supreme Court

24. Timeframes for Filing Record on Appeals vs
Timeframes for Filing Record on Appeals vs. Florida Supreme Court Order Directives
Initial, Resentencing, Retrial, & Evidentiary Hearing Appeals
Rules Provisions – Days due from filing NOA in Circuit Court
40 – Transcripts to be filed in trial court
50 – ROA to be filed in FSC
FSC Directive – Days due from filing NOA in FSC
80 – Transcripts to be filed in trial court
100 – ROA to be filed in FSC

25. Timeframes for Filing Record on Appeals vs
Timeframes for Filing Record on Appeals vs. Florida Supreme Court Order Directives (cont'd.)
3.851 Non-Evidentiary Hearing, & Appeals
Rules Provisions – Days due from filing NOA in Circuit Court
40 – Transcripts to be filed in trial court
50 – ROA to be filed in FSC
FSC Directives – Days due from filing NOA in FSC
50 – Transcripts to be filed in trial court
70 – ROA to be filed in FSC

26. Common Problems with Records
Complete record is not transmitted
Record is transmitted without the transcripts
In summary post-conviction appeals, the notice of appeal is transmitted without the record
In summary post-conviction appeals, attachments are not included in the record
Complete index is not included in first volume

27. Common Problems with Records (continued)
Volumes of supplemental records not consecutively numbered with the original record
Record is not properly paginated
Volumes not numbered consecutively
Not properly bound.
Late records and supplemental records

28. Common Problems with Records (cont'd.)
Multiple transcripts placed in a volume; however, volume on cover page states “Volumes 13-16” and there are no individual labels on the transcripts to designate which Volume they are. The transcripts within the volume should have been designated as a single volume.
Duplicate page numbers within a volume

29. Common Problems with Records (cont'd.)
ROA volume numbers consecutive BUT volume numbers start over with transcript volumes
Exhibits copies given a page number ONLY on the 1st page of the documentary exhibit. No other page numbers given to that exhibit

30. What We Would Like
All volumes numbers to run consecutively including supplemental volume(s)
All page numbers within the volume may start with page 1 with no duplicate page numbers within the volume
Master index of entire ROA in volume 1 and all other volumes would contain an index for that volume only.

31. What We Would Like (cont'd.)
Certified copies of all pleadings placed first in ROA with transcripts at the end, in chronological order as to occurrence (transcripts should read from initial motion hearings through sentencing)
Electronic Records

32. Frequently Asked Questions
Who pays for the transcript(s) & record?
What do we do if counsel requests entire record on appeal from a previous proceeding?
How do we proceed when we receive directions/designations that does not include “all” filings made?
Do you need original exhibits?
If an extension of time is needed to file the ROA, who should file the extension?

33. Frequently Asked Questions (continued)
Does an extension of time to file the transcript toll the time to file the record on appeal?

34. Process after Case is Over
Mandate is issued to trial court
Any original exhibits are returned to trial court
Record on Appeal is retained by Florida Supreme Court
Case finalized, and custody of case relinquished to Florida State Archives

35. Warrant Process
Florida Supreme Court (FSC) notified by Governor’s Office that death warrant has been signed along with actual time and date of execution.
FSC Death Penalty Clerk notifies appropriate chief judge of circuit court of warrant and inmate’s name and requests name of trial judge to handle proceedings.

36. Warrant Process (cont'd.)
FSC Death Penalty Clerk contacts trial court judge advising them of inmate name and the date & time of execution. Procedures are discussed.
FSC Death Penalty Clerk calls designated trial court clerk’s office advising them of inmate name and the date & time of execution. Procedures are discussed.

37. Warrant Process (cont'd.)
FSC generally enters order setting time frames within which the trial court must act.
All trial court orders and transcripts should be ed expeditiously to the FSC at
Trial court record should be compiled as pleadings are filed as it will need to be expeditiously sent to the FSC when appeal is filed.

38. Warrant Process (cont'd.)
Notice of Appeal should be scanned and ed to FSC with “hard” copy, along with record on appeal, being expedited to the FSC.

39. Any Questions?

40. Contact Information
Mary Cay Blanks
Clerk, Third District Court of Appeal
Phone # (305)
Thomas D. Hall
Clerk, Supreme Court of Florida
Phone # (850)
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