IN RE AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.210

Fla. | 2015-08-27
No. SC15-97
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
173 So. 3d 953 Florida Supreme Court (2015)

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Synopsis

The Florida Supreme Court adopted amendments to Florida Rule of Appellate Procedure 9.210 regarding brief formatting requirements. The amendments prohibit stapling or binding of paper briefs and exclude cover sheets from page-number computation to accommodate scanning by court clerks and access limitations for incarcerated pro se litigants.


Holding

The Court adopted the amendments as proposed. Rule 9.210(a)(3) now provides that briefs filed in paper format shall not be stapled or bound, and Rule 9.210(a)(5)(E) now excludes the cover sheet from brief page-number computation and requires consecutive numbering of remaining pages.


Headnotes

[1] Florida Rule of Appellate Procedure 9.210(a)(3) prohibits briefs filed in paper format from being stapled or bound.

[2] The cover sheet, tables of contents and citations, certificates of service and compliance, and signature block are excluded from the page limits of appellate briefs.

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Key Quotes

“Briefs filed in paper format shall not be stapled or bound.”

States the core amendment to subdivision (a)(3) of Rule 9.210 addressing the practical problem of scanning difficulties

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Facts & Procedural History

The Florida Bar's Appellate Court Rules Committee proposed out-of-cycle amendments to Rule 9.210. The proposals were approved by the Board of Governor…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Court has for consideration out-of-cycle amendments to Florida Rule of Appellate Procedure 9.210 (Briefs) proposed by The Florida Bar’s Appellate Court Rules Committee (Rules Committee). See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction1 and adopt the amendments as proposed.

The proposals were approved by the Board of Governors of The Florida Bar and were published by both the Rules Committee and the Court. No comments were received in response to either publication.

As amended subdivision (a)(3) of rule 9.210 provides that “[b]riefs filed in paper format shall not be stapled or bound.” The amendments to subdivision (a)(5)(E) add the cover sheet to the items excluded from the brief page-number computation, and require that pages not excluded from the computation be consecutively numbered. According to the report, the amendments are needed because the clerks of court have difficulty scanning briefs that have been stapled or otherwise bound and incarcerated pro se litigants may not have access to the tools necessary to properly bind their briefs.

Accordingly, we amend the Florida Rules of Appellate Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type.2 The amendments shall become effective on October 1, 2015, at 12:01 a.m.

It is so ordered.

*954LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

RULE 9.210. BRIEFS

(a) Generally. In addition to briefs on jurisdiction under rule 9.120(d), the only briefs permitted to be filed by the parties in any one proceeding are the initial brief, the answer brief, a reply brief, and a cross-reply brief. All briefs required by these rules shall be prepared as follows:

(1) — (2) [No Change]

(3) Paper copies -of- bBriefs filed in paper format shall not be securely-bound in book form and fastened along the left side in a manner that will-allow them to-lie-flat when opened or be securely stapled in the upper left cornerstapled or bound.

(4) [No Change]

(5) The page limits for briefs shall be as follows:

(A) — (D) [No Change]

(E) The cover sheet, the tables of contents and citations, the certificates of service and compliance, and the signature block for the briefs authorT shall be excluded from the page limits in subdivisions (a)(5)(A) — (a)(5)(D). All pages not excluded from the computation shall be consecutively numbered. The court may permit longer briefs.

(b) — (g) [No Change]

Committee Notes

[No Change]

Court Commentary

[No Change]

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