Are you planning to hire an appeals lawyer in Florida because you need help with filing an appeal? Here’s a brief outline of how the appeals process works.
Step 1: The Record
The record refers to documents and other paperwork that have been filed in the trial court. If the trial court has a transcript of the proceedings, it should also be included as part of the record. A lawyer must let the clerk of the circuit court know in writing which documents are to be included and which are to be excluded within ten days of filing the notice of appeal.
When the clerk receives the request for documents, they’ll send these to the appeals court electronically. If the lawyer fails to inform the clerk of what they need, the clerk will automatically send a list of documents. The appellee will have to pay for the record preparation.
Step 2: Transcript Of Proceedings
Within ten days of filing the notice of appeal, the appellee must make arrangements to prepare and file transcripts that are required for the appeal. In the case of a direct appeal in a criminal case, the county pays for the trial transcript.
Step 3: Writing Briefs
A brief is an official document on which the appellate lawyer makes their legal arguments. In the brief, the appellate lawyer describes why the trial court’s judgements are wrong, and they provide supporting facts and arguments. The initial brief filed by the appellate lawyer should include:
- A table of contents.
- A table of citations (this references the names of cases and other legal authorities).
- A case statement which describes the proceedings and facts.
- Summary of the arguments that the appellee intends to make at the appellate court.
- A conclusion (not exceeding one page).
- A certificate of service.
- A certificate of compliance.
Appellate briefs must be served to all parties to the appeal, and they must be filed with the appellate court clerk. Florida and Miami appeals lawyers must electronically file their briefs using the eDCA website.
Step 4: Oral Arguments
In addition to providing a written brief, the appellee’s lawyer can also present oral arguments in court. If an appellee decides to present oral arguments, they must notify the court of this after the brief has been filed. The appellate court in Florida holds oral argument sessions every week, except for the last two weeks in December and in August. Generally, an appellate lawyer gets 10 to 20 minutes to present their oral arguments before the appellate judges.
Step 5: Decision Of The Court
Once the judges receive a brief, they review it. Then they hear the arguments that are presented. The judges will then discuss things amongst themselves until a decision is reached. Once the judgeshave decided, the appellee will receive a written notice of the decision. If the appeals court agrees with the decision of the trial court, then the statement states that the trial court’s decision is affirmed. If the judges disagree with the trial court’s decision, then the written opinion states that it’s reversing the trial court’s orders.
Step 6: Motion For Rehearing
If you have lost an appeal, you can file a motion for clarification or rehearing within fifteen days of receiving the written notification from the court. However, note that you cannot reargue your case in the motion for rehearing.
Step 7: Mandate
A US appeals court will issue a mandate once all the appeal steps are complete. The mandate is a written notice, one that’s sent to both the trial court and the appellee.
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