Second District eFiling Guidance

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The Second District Court of Appeals this week started accepting voluntary electronic filing of appeals via the state eFiling portal. The Court has also issued several Administrative Orders to make the process go more smoothly. In AO 2013-2 [.pdf], the Court is requiring all electronic appendices to be fully text-searchable, and indexed or bookmarked. And really, this will make life so much easier for the judges and staff attorneys who are reading your brief and appendix. When it’s easier for them to find your record references, it will also be easier for them to understand your argument.

Filing through the ePortal also means that the former requirement to email a text copy of your brief to the Court has been terminated. See AO 2013-3 [.pdf]. What is not clear, however, is how this will affect the workflow for the judges at the Second DCA. That court is infamous for preparing summaries of briefs that pull together one party’s argument and line it up next to the other party’s. It will be interesting to hear how the judges adjust their process.

Voluntary E-Filing Begins Today in Second DCA

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As previously reported, today’s the day lawyers are permitted (but not required) to file electronically in the Second District Court of Appeal. E-filing will become mandatory October 1, 2013. Administrative Order No. AOSC13-29 [.pdf] setting today’s deadline is available on the Florida Supreme Court’s website.

Updated 11th Circuit Rules and Pro Se Handbook

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The Eleventh Circuit has updated its rules [.pdf], with many of the new rules aimed at bringing the rules in line with the realities of CM/ECF electronic filing. As explained in the cover letter, the changes:

  • Add a new rule requiring counsel to file documents electronically using the Court’s Electronic Case Files (ECF) system. 11th Cir. R. 25-3.
  • Add a new rule to address electronic brief uploading when counsel are exempt from using the ECF system. 11th Cir. R. 31-5.
  • Delete IOP 11, Electronic Transmission of Emergency Petition for Rehearing En Banc (following FRAP 35) as unnecessary in light of mandatory electronic filing.
  • Add reference to the John C. Godbold Federal Building. IOP 1, Physical Facilities (following FRAP 47).
  • Clarify that copies are only required when certain items are filed in paper. 11th Cir. R. 22-4(a)(3); 11th Cir. R. 27-1(a)(1); IOP 6, Citation of Supplemental Authorities (following FRAP 28); IOP 1, Citation of Supplemental Authorities (following FRAP 29);
    IOP, Motions for Damages and Costs (following FRAP 38); 11th Cir. R. 40-5.
  • Substitute the term “non-argument” for “screening” in various rules and IOPs. 11th Cir. R. 31-6(b); 11th Cir. R. 34-3(e); IOP 1, Non-Argument Calendar (following FRAP 34); 11th Cir. R. 46-10(b); IOP 9c, Non-Argument Calendar Appeals, and IOP 9d, Oral Argument Calendar Appeals (following FRAP 47).

As with prior updates, the new rules thankfully come with a guide to replace pages with change without having to trash your entire prior copy of the rules.

Along with the Rules, the Court has also updated its pro se handbook [.pdf] to reflect the new procedures.