Bye Bye, Expanded Record Excerpts!

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Just in time for the Florida Bar Annual Meeting, the Eleventh Circuit issued a new Administrative Order, General Order 39 [.pdf], significantly reducing the documents that a party must provide to the Court in paper form. As regular readers or 11th Circuit practitioners might recall, the “Expanded Record Excerpts” the Court had been requiring to go along with the electronic record was quite burdensome to clients and attorneys and generated an enormous amount of paper.

It’s kind of funny that the Court in its electronic records program requires the trial court to ensure that the electronic record be in text-searchable format, but the General Order posted on the Court’s website is not. Still, this is a big step forward for appellate practitioners in the Eleventh Circuit. This change no doubt stems from the lively conversation at February’s Eleventh Circuit Appellate Practice Institute [.pdf], so it’s great to hear that the Court was so responsive in balancing the needs of its judges with the practicalities faced by its advocates.

Second District Implements Agreed Enlargements of Time

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The Second District Court of Appeal has joined the Third, Fourth, and Fifth district courts of appeal in allowing parties to file stipulated enlargements of time. Administrative Order 2013-1 [.pdf] allows parties to agree without court order to up to 90 days’ worth of extra time to submit initial or answer briefs, and up to 60 days of extra time for reply briefs. The Second’s timing is thus in line with that of the Fifth District, while the Third and Fourth allow parties to agree to up to 120 days extra time without leave of court.

That leaves only the First DCA without an standing order allowing stipulated enlargements. For the time being, you still need to file a motion in the First.

Third DCA Becomes Third DCA to Allow Stipulated Enlargements

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Following the trend started by the Fourth District Court of Appeal and Fifth District Court of Appeal, Florida’s Third District Court of Appeal yesterday issued an administrative order [.pdf] that, effective immediately, allows parties to stipulate to enlargements of time to serve briefs, rather than seek leave of court. Importantly, the procedure does not apply to writs, expedited or emergency matters, nor adoptions, dependency or termination of parental rights cases. The parties by stipulation can agree to an aggregate of 120 days’ worth of enlargments for initial and answer briefs, and 60 days for reply briefs.

 

UPDATE:  The Third District in 2015 changed the extension time for reply briefs from 60 to 30 [.pdf].