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.

Was this post helpful? Subscribe for more!

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.

Want to hear more about the United States Supreme Court or other appellate issues? Subscribe!

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.

New Rule 9.380 Allows Notification of Related Cases

A public domain image of sketches of various courtroom scenes

Are these cases related?
If they are, now you can tell the appellate court.
Source: The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Print Collection, The New York Public Library. Familiar scenes and faces in court. Retrieved from http://digitalcollections.nypl.org/items/9b51c6ed-b3d7-a26c-e040-e00a18061941


Among the many rule changes effective January 1, 2019, the Florida Supreme Court has created a new mechanism to notify an appellate court of related pending cases. New Rule 9.380 allows parties, without argument, to inform an appellate court of “related case or issue” that is either “arising out of the same proceeding in the lower tribunal,” or, helpfully, “involving a similar issue of law.”

How is this helpful to the appellate practitioner? If you are watching an issue develop and percolate in the trial courts or district courts, you can now notify the courts of other pending appeals or trial court decisions on the issue. Make note that this notice is not an opportunity to make additional argument: the rule expressly states that the notice “shall not contain argument.” Still, it’s a way to direct the courts to attempt uniformity in rulings.

Because there is no argument involved, the notice should follow the simple format of new Rule 9.900(k) [.pdf].