Register Now for Second District eDCA Access

Florida’s Second District Court of Appeal is now accepting registration for its new eDCA system, which will go live for filing on March 1st. If you are a Second District practitioner, be sure to register now, so that you are ready to transition next week. Now is also a good time to update any staff on new procedures, if they (or you) are not familiar with using the eDCA system. As we’ve previously reported, Clerk Mary Beth Kuenzel announced the transition to eDCA earlier this month at the Breakfast with the Second DCA CLE, and things are moving along on the pace she outlined at the breakfast. Be ready!

Second DCA to Switch to eDCA System

At this Morning’s State of the Second DCA CLE, Clerk Mary Beth Kuenzel announced a big and imminent change in the way that Court will be processing changes: as soon as March 1st, the Court will have transitioned to the eDCA filing system, and away from the Florida Court’s Portal. What does this mean for practitioners? If you are used to practicing in other DCAs, this transition won’t be too difficult, but for folks who only know the Portal, there will be some adjustment needed.

Sign Up Early. Watch the Clerk’s Website for the chance to sign up for eDCA in the next week. You’ll want to get your registration processed before it goes live and you need to file. You need a separate login for each District’s eDCA system.

Be Ready to Effectuate Separate Service. While eDCA provides “Case Mail” as soon as something is filed, that does not count as Service under Florida Rule of Judicial Administration Rule 2.516. You have to go back to sending a separate email for service.

Instant Orders. What we give up with service, we’ll get back tenfold by getting Court orders and opinions by email instead of U.S. Mail. This will save the Clerk more than $50,000 a year in postage, and save attorneys a lot of hassle, too.

Record on Demand. With eDCA, attorneys of record can download from the docket any DCA filing, including the Record on Appeal once transmitted. No more need for the FTP work around, which worked, but was time intensive for Court staff.

Briefs on Demand. Registrants to the system will also be able to pull briefs in cases where they are NOT counsel of record. Pretty handy if you are briefing the same issue!

Portal for Payment. The Second District will still be on the portal for one reason — to accept payment of filing fees. If you pay through the portal, plan to upload a simple payment transmittal letter, and ONLY a payment transmittal letter. Any other document or pleading will be kicked.

The hope is that the portal will be ready to work with the DCA internal docketing systems by Spring of 2018, and at that point, all of them will switch to the portal. But for now, all DCAs will require separate eDCA login.

Editor’s Note: We were in such a rush to get out this news, we forgot to mention the payment issue. This article is updated to reflect that information!

Federal Rules of Appellate Procedure Tighten Word Limits and Ditch Mail Days for Electronic Service

A series of amendments to the Federal Rules of Appellate Procedure designed to lighten the burdens on appellate judges by tightening page limits and clarify due process procedures for inmates go into effect today. (Download the .pdf of the rules and redline here. Transmitted to Congress back in April, the changes affect Appellate Rules 4, 5, 21, 25, 26, 27, 28, 28.1, 29, 32, 35, and 40, Forms 1, 5, and 6, and create a new Form 7 for inmate filers and new Appendix to assist in determining the new, shorter, word limits for various filings. Notably, the rules also take away the so-called “mail days” from items served electronically. The rules also separate out procedures for amicus curiae participation at the merits stage of a case and on rehearing (more on this in a later blog post).

The biggest change for appellate practitioners is the complete shift to word limits rather than page limits for all filings prepared by a computer in appellate matters, and the tightening of word limits for briefs and other items already governed by word counts. While the rules committee recognized that counting words would be burdensome to inmates preparing handwritten or typed matters, and therefore left in place page limits for documents prepared by those methods, for the rest of us our filings must now comply with word limits. As explained in the committee notes:

The word limits were derived from the current page limits using the
assumption that one page is equivalent to 260 words.

But notably, this 260 word count is lower than the one used in previous rule changes. As the Committee Notes to Rule 28.1 points out, in 2005 the Committee had used a 280 words per page conversion, but “responding to concern about the length of briefs” has shaved 20 words per page from the conversion ratio. The Committee then applied this new standard to existing word counts:

Principal Brief: 13,000 words (formerly 14,000)
Reply Brief: 6,500 words (formerly 7,000)

To ensure that everyone is counting the same words, the amendments createed a new 32(f) to clarify what is excluded from the word count, deleting the former Rule 32(a)(7)(B)(iii). Don’t worry about your words in the following sections of your brief:

  • cover page
  • corporate disclosure statement
  • table of contents
  • table of citations
  • statement regarding oral argument
  • any addendum containing statutes, rules, or regulations
  • certificates of counsel
  • signature block
  • proof of service
  • any other item excluded by these rules or local rules
  • A certificate of compliance with these type-volume standards is required on most filings under new Rule 32(g) — it’s not much different than the old certificate, but it is located in a different subdivision of the rule now, so be sure to update your form briefs to make sure you are citing the correct rule in your certification and follow the updated Form 6 as your guide. The new form is more generic than the old, as it now refers to “document” rather than “brief” and must be used on all documents with type volume limit, not just briefs.

    The rule change also makes clear that local courts have the ability by local rule to enlarge these lengths, though the regional circuits must accept briefs that meet these lengths and can’t require shorter briefs. See FRAP 32(c).

    Finally, the drafters kindly put together a handy Appendix [.pdf] that includes a chart showing all of the new type-volume limitations, so there is an easy reference to knowing all the new volume limits.