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Florida Rules of Appellate Procedure

Florida Rules of Appellate Procedure

9.210 Briefs

(a) Generally. In addition to briefs on jurisdiction under rule 9.120(d), the only briefs permitted to be filed by the parties in any one proceeding are the initial brief, the answer brief, a reply brief, and a cross-reply brief. All briefs required by these rules shall be prepared as follows:

(1) Briefs shall be printed, typewritten, or duplicated on opaque, white, unglossed 8 ½-by-11 inch paper.
(2) The lettering in briefs shall be black and in distinct type, double-spaced, with margins no less than 1 inch. Lettering in script or type made in imitation of handwriting shall not be permitted. Footnotes and quotations may be single spaced and shall be in the same size type, with the same spacing between characters, as the text. Computer-generated briefs shall be submitted in either Times New Roman 14-point font or Courier New 12-point font. All computer-generated briefs shall contain a certificate of compliance signed by counsel, or the party if unrepresented, certifying that the brief complies with the font requirements of this rule. The certificate of compliance shall be contained in the brief immediately following the certificate of service.
(3) Briefs shall be securely bound in book form and fastened along the left side in a manner that will allow them to lie flat when opened or be securely stapled in the upper left corner. Headings and subheadings shall be at least as large as the brief text and may be single spaced.
(4) The cover sheet of each brief shall state the name of the court, the style of the cause, including the case number if assigned, the lower tribunal, the party on whose behalf the brief is filed, the type of brief, and the name and address of the attorney filing the brief.
(5) The initial and answer briefs shall not exceed 50 pages in length, provided that if a cross-appeal has been filed, the answer brief/initial brief on crossappeal shall not exceed 85 pages. Reply briefs shall not exceed 15 pages in length; provided that if a crossappeal has been filed, the reply brief shall not exceed 50 pages, not more than 15 of which shall be devoted to argument replying to the answer portion of the appellee/ cross-appellant's brief. Cross-reply briefs shall not exceed 15 pages. Briefs on jurisdiction shall not exceed 10 pages. The tables of contents and citations of authorities, and certificates of service and compliance, shall be excluded from the computation. Longer briefs may be permitted by the court.

(b) Contents of Initial Brief. The initial brief shall contain the following, in order:

(1) A table of contents listing the issues presented for review, with references to pages.
(2) A table of citations with cases listed alphabetically, statutes and other authorities, and the pages of the brief on which each citation appears. See rule 9.800 for a uniform citation system.
(3) A statement of the case and of the facts, which shall include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal. References to the appropriate volume and pages of the record or transcript shall be made.
(4) A summary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually made in the body of the brief. It should not be a mere repetition of the headings under which the argument is arranged. It should seldom exceed 2 and never 5 pages.
(5) Argument with regard to each issue including the applicable appellate standard of review.
(6) A conclusion, of not more than 1 page, setting forth the precise relief sought.

(c) Contents of Answer Brief. The answer brief shall be prepared in the same manner as the initial brief; provided that the statement of the case and of the facts may be omitted. If a cross-appeal has been filed, the answer brief shall include the issues in the crossappeal that are presented for review, and argument in support of those issues.

(d) Contents of Reply Brief. The reply brief shall contain argument in response and rebuttal to argument presented in the answer brief.

(e) Contents of Cross-Reply Brief. The cross-reply brief is limited to rebuttal of argument of the crossappellee.

(f) Times for Service of Briefs. The times for serving jurisdiction and initial briefs are prescribed by rules 9.110, 9.120, 9.130, and 9.140. Unless otherwise required, the answer brief shall be served within 20 days after service of the initial brief; the reply brief, if any, shall be served within 20 days after service of the answer brief; and the cross-reply brief, if any, shall be served within 20 days thereafter.

(g) Filing with Courts. The filing requirements of the courts are as follows:

(1) Circuit Courts. Original and 1 copy.
(2) District Courts of Appeal. Original and 3 copies.
(3) Supreme Court. Original and 7 copies; except that 5 copies only shall accompany the original jurisdictional briefs prescribed in rule 9.120(d).

(h) Citations. Counsel are requested to use the uniform citation system prescribed by rule 9.800.



Florida Rules of Appellate Procedure
9.010 Effective Date and Scope
9.020 Definitions
9.030 Jurisdiction of Courts
9.040 General Provisions
9.100 Original Proceedings
9.110 Appeal Proceedings to Review Final Orders of Lower Tribunals and Orders Granting New Trial in Jury and Non-jury Cases
9.120 Discretionary Proceedings to Review Decisions of District Courts of Appeal
9.125 Review of Trial Court Orders and Judgments Certified by the District Courts of Appeal as Requiring Immediate Resolution by the Supreme Court
9.130 Proceedings to Review Non-final Orders and Specified Final Orders
9.140 Appeal Proceedings in Criminal Cases
9.141 Review Proceedings in Collateral or Postconviction Criminal Cases; Belated Appeals; Belated Discretionary Review; Ineffective Assistance of Appellate Counsel
9.142 Procedures for Review in Death Penalty Cases
9.145 Appeal Proceedings in Juvenile Delinquency Cases
9.146 Appeal Proceedings in Juvenile Dependency and Termination of Parental Rights Cases and Cases Involving Families and Children in Need of Services
9.150 Discretionary Proceedings to Review Certified Questions From Federal Courts
9.160 Discretionary Proceedings to Review Decisions of County Courts
9.180 Appeal Proceedings to Review Workers' Compensation Cases
9.190 Judicial Review of Administrative Action
9.200 The Record
9.210 Briefs
9.220 Appendix
9.225 Notice of Supplemental Authority
9.300 Motions
9.310 Stay Pending Review
9.315 Summary Disposition
9.320 Oral Argument
9.330 Rehearing; Clarification; Certification
9.331 Determination of Causes in a District Court of Appeal En Banc
9.340 Mandate
9.350 Dismissal of Causes
9.360 Parties
9.370 Amicus Curiae
9.400 Costs and Attorneys Fees
9.410 Sanctions
9.420 Filing; Service of Copies; Computation of Time
9.430 Proceedings by Indigents
9.440 Attorneys
9.500 Advisory Opinions to the Governor
9.510 Advisory Opinions to the Attorney General
9.600 Jurisdiction of Lower Tribunal Pending Review
9.700 Mediation Rules
9.710 Eligibility for Mediation
9.720 Mediation Procedures
9.730 Appointment and Compensation of the Mediator
9.740 Completion of Mediation
9.800 Uniform Citation System
9.900 Forms
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
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