Transcript Florida Association of Court Clerks Preparing Death

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 Informal
 Feel free to ask questions as we go
 Intend to be interactive
 Overview
 Materials
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Time Standards, Rules and/or Statute
Perceived Major Sources of Delay for Records
on Appeal
We will discuss electronic records
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Actions taken (and by whom) upon Filing
Notice of Appeal
Motions Practice
Management Information
This presentation can be found at:
http://www.floridasupremecourt.org/clerk/pr
esentations.shtml
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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
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CIVIL APPEALS
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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
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CIVIL APPEALS (continued)
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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
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CRIMINAL and JUVENILE DELINQUINCY –
Rule 9.140(f)
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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.
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CRIMINAL and JUVENILE DELINQUINCY –
Rule 9.140(f) (continued)
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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
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POST-CONVICTION – Rule 9.141(b)(2) and
9.141(b)(3)(B)
 Summary Appeal of Rule 3.800(a), 3.850 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.
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POST-CONVICTION – Rule 9.141(b)(2) and
9.141(b)(3)(B) [continued]
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Summary Appeal of Rule 3.800(a), 3.850 and
3.853 (continued)
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The parties are not served with an index or copy of the
record unless ordered by the Court.
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POST-CONVICTION – Rule 9.141(b)(2) and
9.141(b)(3)(B) [continued]
 Appeal of Rule 3.850 and 3.853 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
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POST-CONVICTION – Rule 9.141(b)(2) and
9.141(b)(3)(B) [continued]
 Appeal of Rule 3.850 and 3.853 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.
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POST-CONVICTION – Rule 9.141(b)(2) and
9.141(b)(3)(B) [continued]
 Appeal of Rule 3.850 and 3.853 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.
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POST-CONVICTION – Rule 9.141(b)(2) and
9.141(b)(3)(B) [continued]
 Appeal of Rule 3.850 and 3.853 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
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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.
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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
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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
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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
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Resentencing & 3.850 (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
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Resentencing & 3.850 (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
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3.850, 3.851 Non-Evidentiary, Successive
3.203, 3.850, 3.851, 3.853 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
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3.851 Non-Evidentiary, Successive 3.203,
3.851, 3.853 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
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Initial, Resentencing, Retrial, & 3.851
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
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3.851 Non-Evidentiary Hearing, 3.203 & 3.853
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
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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
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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
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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
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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
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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.
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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
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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?
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Does an extension of time to file the
transcript toll the time to file the record on
appeal?
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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
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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.
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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.
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FSC generally enters order setting time
frames within which the trial court must act.
All trial court orders and transcripts should be
e-mailed expeditiously to the FSC at
[email protected]
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.
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Notice of Appeal should be scanned and
e-mailed to FSC with “hard” copy, along with
record on appeal, being expedited to the FSC.
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Mary Cay Blanks
Clerk, Third District Court of Appeal
Phone # (305) 229-3200
e-mail: [email protected]
Thomas D. Hall
Clerk, Supreme Court of Florida
Phone # (850) 488-0125
e-mail: [email protected]
This presentation can be found at:
http://www.floridasupremecourt.org/clerk/presentations.shtml
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