Download
1 / 15
150 likes | 338 Views
Florida Association of Court Clerks & Comptrollers Procedures for Appeals Tampa, Florida June 10, 2009 Presented by: Thomas D. Hall James Birkhold. Set-up Issues:. Long held NOAs – orders from 2dca after 30 days announcing this.
E N D
Florida Association of Court Clerks & ComptrollersProcedures for AppealsTampa, FloridaJune 10, 2009Presented by:Thomas D. HallJames Birkhold
Set-up Issues: • Long held NOAs – orders from 2dca after 30 days announcing this. • Usefulness of transmittal letters; tips about case history (e.g., sentencing not yet conducted) and docket print outs. If notice on its face appears untimely, provide us perhaps with relevant rehearing information.
Set-up Issues (cont’d): • If order approves magistrate recommendation, the underlying recommendation helps us classify the proceeding and would save us the trouble of beating it out of the appellant. • Need for accurate attempts at case classifications (e.g., summary or non-summary).
Set-up Issues (cont’d): • Summaries: Summary record stapled in groups of documents; a listing of all docs in transmittal letter is helpful; don't bury the NOA in the summary record; prefer that the NOA is certified and not the last page of the summary record. Notices and summary records should come in one envelope. • Duplicate appeals: Don't resend notice with order of insolvency or apptment of counsel on appeal, or check for filing fee; atty and pro se NOAs, please alert us to the prior filing.
Set-up Issues (cont’d): • Dependency/TPR: send separate notices for both parents and don't simply put the second NOA in the record of the first appeal. • Ambiguous pro se criminal appeals; send order appealed if possible. Or, if J & S appeal, advise of such and the date of the sentencing. • Never hold NOAs until the fees are paid.
Set-up Issues (cont’d): • Unreadable date stamps; on NOA especially stamp it on blank area of document. Also needs to be well-inked. • Forward insolvency when entered, not simply in record. • Esp in dependency/TPR cases, forward order of apptment of counsel ASAP. • Checks for fees should be stapled or anchored to the NOA.
Set-up Issues (cont’d): • 9.110(n) judicial waiver cases; call and alert us to the filing of the NOA immediately. • Belated appeals: certify the opinion or order as a NOA and return promptly. • Habeas corpus denials; provide copy of order, and, as possible, petition to aid in case classification. • We need the addresses of litigants, esp pro se appellants.
Set-up Issues (cont’d): • Identify which of several types of case numbers which to install in cms as lower tribunal number. • Don't send uncertified NOAs with questions about how to treat it. • Cut-off litigants; forward NOA even if cut off in circuit court.
Records and Miscellaneous: • Bound but unpaginated records, esp. from smaller counties, accompanying NOA often. • Alerting us to sealed materials. • Alerting us to improperly unsealed materials. • Proof of service on records and indexes. • TPR/dependency records; treated as criminal or civil? • Quality of binding of records; paper v cardboard; money issues.
Records and Miscellaneous (cont’d): • Bulky exhibits. • Don't box more than one appeal in a box if parts of those appeals are also contained in another box. • Secure envelopes so contents cannot fall out. • Holding off on transmission of record until complete (e.g., nonsummary record without evidentiary hearing transcript).
Records and Miscellaneous (cont’d): • Volumes of record in box should be sequential. • Aspiration: Online dockets accessible for free and up to date. • Exhibits: Copies or originals? Civil v. criminal and the different practices of the counties. Pagination of copies of exhibits?
Records and Miscellaneous (cont’d): • Delays in record preparation; notification to the appellate court, by letter, request for extension, copy of letter to court reporter or party who is responsible? • Civil records: originals or copies; the preference of the appellate courts. • Records – use on-line docket to monitor progress of cases. Frequently receive records after case has been dismissed but before trial court clerk receives the final order.
Death Penalty Cases: • In postconviction cases, the notice sometimes is not transmitted immediately but comes with the record; transmit it upon receipt. • Improper pagination and binding of death penalty records. • Communications re: delays in record transmission.
