Is Memorial Day, May 27, a Court Holiday? (2019 edition)

Memorial Day–May 27, 2019–is a day that we remember and honor those that have made the ultimate sacrifice for our freedom.  You probably already suspect that it is a court holiday, too

Navy Sailors and women in dress and large hats pose with flowers on a ship.

Memorial Day in 1918, just over a century ago.

But if you’re anything like us, you want–nigh, you NEED–to see it in writing from an authoritative source and you’ll probably be checking court websites at 11 p.m. on Sunday night to be sure.  Let us help.

The short answer is YES in Florida state courts.  Here’s the authority.

In Florida state courts, Memorial Day is one of the enumerated “Legal Holidays” in Florida Rule of Judicial Procedure 2.514(a)(6)(A) (.pdf) (defining “Legal Holiday”).

Additionally, every court lists Memorial Day on their own calendars:

Florida Appellate Courts

Florida Circuit Courts

Are you in federal court? You get the day off, too.

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This post is a continuation of our “Is it a holiday” series:

https://floridaappellate.com/2019/04/18/is-good-friday-a-court-holiday-2019-edition/

https://floridaappellate.com/2014/04/18/is-good-friday-a-holiday-it-depends/

https://floridaappellate.com/2015/01/19/is-martin-luther-king-day-a-holiday-in-florida-courts/

If you want to get updates on court holidays and other appellate happenings, subscribe to this blog under the “FLORIDA APPELLATE PROCEDURE UPDATES BY EMAIL” on this page.

 

What’s it like to appear before the United States Supreme Court? Let’s talk about it, podcast-style.

The United States Supreme Court hears oral argument from attorneys in only about 80 cases a year. Thus, many appellate attorneys never have the opportunity to experience what it is like to actually advocate in the High Court. I (Jared) recently learned what it is like appearing before the Supreme Court from Duane Daiker, a fellow board-certified appellate specialist in Tampa Bay and a good friend of DPW Legal, on the Issues on Appeal podcast.

Duane Daiker and Jared Krukar sit with studio monitors and microphones at a table while recording a podcast
Duane Daiker and Jared Krukar recording
the Issues on Appeal podcast.
Not pictured? The feather quill pen
memento Duane keeps in his office.
(Photo courtesy of Duane Daiker and used with permission.)

Duane is the creator and host of Issues on Appeal. Each week he speaks with fellow appellate practitioners about topics that are interesting to, well, the same people we suspect are interested in this Florida Appellate Procedure Weblog!

Duane recently took his first trip as an advocate to the Supreme Court. He sat second-chair on a case he handled through the trial and intermediate appellate stages. This visit was a perfect topic for his podcast. But rather than just talk about his visit himself on his podcast, Duane enlisted me to guest host his show, and turn the tables on him.

I asked every question I could come up with that all of us inquiring appellate nerds would want to ask. Where do you go when you enter the court? What’s security like? Who comes and talks to you? Is there a lawyers’ lounge? What’s it like sitting at counsel’s table? Did Justice Thomas ask a question? I hear you get a feather quill–can I touch it? (Yes, I really did ask, and yes, I did get to hold it. You know you would ask, too.) Our discussion was full of interesting tidbits about the preparation, the day of argument, the people at the Court, and the entire experience.

If this sounds interesting to you, check out Episode 4 of the Issues on Appeal podcast, “At the High Court.” You can check it out at the link or on iTunes, Google Podcasts, or Spotify.

And if you like that episode, listen to some of the other episodes. Duane has already had a number of great guests. Dineen and I are both slated to be guests for future episodes. What will we talk about? Stay tuned to find out.

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We’ve discussed the SCOTUS in the past (for example, here and here) and we’re sure to do it again. Keep abreast of changes there or in other courts that are interesting or may impact your practice by subscribing for updates on the Florida Appellate Procedure Weblog.

Eleventh Circuit Rule Amendments Effective April 2, 2018

The Eleventh Circuit has made a handful of changes to its rules affecting tax practitioners, appellate mediation, and the ability of counsel coming in after an appeal has been initiated to file a replacement brief. Specifically, the rule amendments:

  • Now require the Tax Court to prepare exhibits in the same way any District Court would, by deleting a sentence in Eleventh Circuit Rule 11-3.
  • Remove the local setting out a procedure for late-filed counsel to file a replacement brief before the Court, former Rule 31-6, and all references to it.
  • Delete the requirement that parties serve “an original and one copy” of the Civil Appeal Statement, and remove the requirement of filing copies of portions of the record with the statement, since electronic filing and access to dockets makes serving extra copies or record documents moot.
  • Without a specific rule governing replacement briefs, does this mean the Eleventh Circuit will no longer allow replacement brief practice? The answer is unclear, but I would counsel clients not to count on it.

    The new rules became effective April 2, 2018.