Days are Days

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Even if you aren’t normally a rules geek, this is the year to order new rules books. On December 1, 2009, a far-reaching shift in time calculation rules goes into effect across all of the Federal rules of procedure. Referred to as the Days are Days approach, the intent is to remove confusion over when weekends are counted in time calculations, and when they are not. This basic principle has been implimented in both the rules of appellate procedure and the rules of civil procedure. Be aware of the changes in both sets of rules, as the calculation of some jurisdictional deadlines may be affected.

The Record: Journal of the Appellate Practice Section published a more detailed article about this change written by yours truly in its Fall 2009 issue. I’ve uploaded a .pdf of the article for your reading pleasure.

Electronic Filing in the District Courts of Appeal

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All five of Florida’s intermediate appellate courts have a standing administrative order requiring electronic fiiling of briefs — and sometimes other documents. All of the courts require, at the very least, e-mailing of finalized briefs. The First DCA is leading the charge into electronic filing with its eDCA Portal. This is what I like to call a “hidden rule” — these rules are not in the official Florida Rules of Appellate Procedure, so they are an easy trap for those new to appellate practice in Florida. Here are each of the current standing orders — all links are .pdfs.

First District Court of Appeal: Administrative Order 09-3 In re Electronic Filing of Briefs
Second District Court of Appeal: Clerk’s Notice re efiling
Third District Court of Appeal: Administrative Order re: Electronic Filing AO3D05-1
Fourth District Court of Appeal: Administrative Order Re: Electronic Filing (Amended Feb. 1, 2006)
Fifth District Court of Appeal: Administrative Order 5D08-01