APPELLATE PROCESS, COURT STRUCTURE & RESOURCES On this page youll find some general information on the appeals

process in Floridas
court system and in the federal court system, as well as links to resources for additional information. Jump to: Floridas Appellate Court Structure Federal Appellate System Structure U.S. Supreme Court Cases Resources !inks

T HE A PP EALS PROC ES S
"any people are more familiar with the trial court process than with the way appeals proceed. Unlike in trial courts, where the ultimate aim is to determine disputed facts after an in#court trial, appeals courts primarily address and interpret the law and apply it the facts found in the trial court. Accordingly, the proceedings re$ol$e around written arguments su%mitted %y the parties. &he following is a $ery general description of the appellate process in federal appeals and Florida state court appeals for informational purposes only. Consult the Florida Rules of Appellate 'rocedure and the !ocal Rules and (eneral Orders of the rele$ant courts for more specific information on Florida appeals or the Federal Rules of Appellate 'rocedure and the !ocal Rules and (eneral Orders of the rele$ant Circuit for more specific information on federal appeals. ). Notice of Appeal*A party that is unhappy with a decision of a trial court initiates a first le$el appeal +e.g., an appeal from a ,udgment of a U.S. -istrict Court to a U.S. Court of Appeals or an appeal from a final ,udgment or order of a Florida Circuit Court to a -istrict Court of Appeal. %y filing a /otice of Appeal with the clerk of the trial court. Appeals may not %e taken from any decision of a trial court, %ut only from a final order or ,udgment. 0n limited circumstances, appeals are allowed from certain types of non#final orders +which are listed in Rule 1.232+%.. of Florida Circuit Courts, or in federal cases, from certain types of interlocutory orders where specific conditions are present. &here are strict time limits for filing a /otice of Appeal +in most appeals from final ,udgments, the time limit is 32 days.. &he time limit generally cannot %e e4tended. Preparation of the Record*&he clerk of the trial court prepares the Record, which will %e transmitted to the appellate court. &he record consists of the documents filed in the trial court, transcripts of court hearings and trials, the orders and ,udgments of the trial court. 6ut the party that initiated the appeal +called the appellant. has the responsi%ility to ensure that the record contains all of the documents and transcripts that party wants included. 0f the appellant wants transcripts of hearings or the trial included in the record, he7she7it must make arrange with the court reporter for an official transcript to %e made and su%mitted to the court. Appellants generally must gi$e their instructions regarding transcripts and record contents shortly after filing the notice of appeal +within )2 days in most state court appeals in Florida, )8 days in most federal appeals.. Docketing Statements and/or Disclosures*"any appellate courts re9uire appellants to file statements identifying the parties in$ol$ed in the case, the names of the attorney+s. representing those parties +if known., and sometimes the names of anyone else whose interests are in$ol$ed in the case, and7or the issues in$ol$ed in the appeal. Appellate Briefing*Appellate ,udges decide cases primarily %ased on the parties %riefs, which lay out their legal arguments for why the decision of the court %elow should %e re$ersed or affirmed. /o new e$idence is presented on appeal, as the only facts considered are the facts that are in the trial court record. Appellate %riefs thus primarily deal with legal arguments regarding the correctness of the courts interpretation of the law or its application to the facts of the case. A. &he Initial Brief is the primary su%mission of the appellant, which sets forth the facts of the case and the reasons the appellant %elie$es the decision %elow was erroneous. 6. &he Answer Brief is the primary su%mission of the party who pre$ailed in the court %elow +which is called the appellee., setting forth its arguments in defense of the decision %elow. C. he Repl! Brief is the appellants opportunity to try to re%ut the arguments ad$anced %y the appellee in its Answer 6rief. "ral Argument*0n some, %ut not all, appeals, either party may re9uest that the court allow the parties to appear in person %efore the ,udges deciding their case to orally argue their respecti$e positions and answer any 9uestions the ,udges may ha$e for them. 0n many courts, oral arguments %egin with each side attempting to make a

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presentation of its position, %ut 9uickly de$ol$e into a 9uestion#and#answer session with the ,udges asking each side to address what they see as weak points in each sides position, and to respond to their opponents arguments. he Appellate #ourt$s Decision*Appellate courts issue written decisions stating the disposition of the appeal. 0n some, %ut not all cases, those decisions are accompanied %y an opinion e4plaining the reasons for the courts decision. &he amount of time it takes to decide a case $aries with the comple4ity of the issues and the workload of the courts. 0n Florida state appeals, most decisions are issued less than ; months after oral argument, and generally less than one year after the initiation of the appeal. 0n federal appeals, decisions are issued anywhere from a few months to more than 5 years after the commencement of the appeal. Petitions for Rehearing and Rehearing %n Banc& 'otions for #larification *&he party that loses the appeal may ask the the three ,udges who decided the appeal to re#consider their decision under $ery specific circumstances, such as where the decision is %ased on a mistake regarding the the facts found %y the court %elow or where there has %een a change in the law. 0t may also ask for the court to $ote whether to consider the appeal en %anc, meaning that all of ,udges, rather than a panel of three, would hear the appeal. Such petitions are appropriate only in limited circumstances, such as where the decision in the case conflicts with another decision of the same court on the same legal issues, or where the decision is %ased on the courts legal interpretation in an earlier case, and there are strong reasons for the court to consider o$erruling that interpretation. 0f the decisions implications are unclear, either party may ask the court to clarify its decision. 'otions*'arties to an appeal can also file motions prior to the court issuing its decision in certain circumstances. For e4ample, if the appellee %elie$es that the court doesnt ha$e ,urisdiction o$er the case, it can mo$e to dismiss the case. Other types of motions include motions for e4tensions of time, motions to supplement the record, and motions to file an o$er#length %rief. Petitions for Re(iew*0n cases where the court can choose to hear the appeal at its discretion, the party re9uesting re$iew must file additional papers to argue in fa$or of accepting the case. For e4ample, when the Florida Supreme Court has discretionary ,urisdiction o$er an appeal, the parties file >urisdictional 6riefs setting out their arguments for why the Court has7doesnt ha$e ,urisdiction o$er the case, and why it should7shouldnt hear the case. &o ask the Supreme Court of the United States to hear a case, the re9uesting party must file a 'etition for ?rit of Certiorari. &he party opposing re$iew may, %ut is not re9uired to, file a 6rief in Opposition to 'etition for ?rit of Certiorari, and if it does, the re9uesting party may file a Reply in further support of its petition. 'etitions for Re$iew are also filed instead of a notice of appeal in cases in which a party doesnt ha$e the right to appeal to a Florida -istrict Court of Appeal or federal court of appeals, %ut may %e allowed to appeal at the courts discretion.

F LO RI DA S APP ELLA TE CO URT S TRUC TURE

"ost appeals in Florida are initially heard %y the -istrict Court of Appeals. &hat includes for all cases tried in the Circuit Courts +the trial court for Family !aw Cases@ 'ro%ate and (uardianship@ and other Ci$il cases that in$ol$e more than A):,222@ as well as Criminal cases in$ol$ing Felonies or >u$enile -elin9uency., as well as appeals from final decisions of administrati$e agencies.

Courtesy of www.flcourts.org

Appeals from County Courts +the trial courts in small claims cases and other cases that dont fall under the ,urisdiction of a Circuit Court or administrati$e agency., howe$er, are generally appeala%le to the Circuit Court in the same county, where they are heard %y appellate panels made up of three Circuit ,udges. Appellate decisions of the Circuit Court in those cases are appeala%le to the -istrict Court of Appeal only in limited Circumstances.

Courtesy of www.flcourts.org

&here are fi$e -istrict Courts of Appeal +-CAs. in Florida. &he First -istrict +)st -CA. is located in &allahassee, the Second -istrict +5nd -CA. is located in !akeland, the &hird -istrict +3rd -CA. is in "iami, the Fourth -istrict +8th -CA. in ?est 'alm 6each, and the Fifth -istrict +:th -CA. in -aytona 6each.

&he )st -CA hears appeals from the >ackson$ille and &allahassee and 'anhandle regions +6ay, Calhoun, Clay, Colum%ia, -i4ie, -u$al, Bscam%ia, Franklin, (adsden, (ulf, Camilton, Colmes, >ackson, >efferson, !afayette, !eon, !i%erty, "adison, /assau, Okaloosa, Santa Rosa, Suwannee, &aylor, ?akulla, ?alton, and ?ashington Counties.@ the 5nd -CA hears appeals from &ampa, Sarasota, /aples and surrounding Southwest and Central ?est Coast areas +Charlotte, Collier, -eSoto, (lades, Cardee, Cendry, Cighlands, Cills%orough, !ee, "anatee, 'asco, 'inellas, 'olk, and Sarasota Counties.@ the 3rd -CA hears appeals from "iami#-ade and "onroe Counties, the 8th -CA hears appeals from the ?est 'alm 6each, Fort !auderdale and Stuart Areas +6roward, 'alm 6each, "artin, St. !ucie, 0ndian Ri$er, and Okeecho%ee Counties.@ and the :th -CA hears appeals from Orlando and -aytona 6each and the surrounding Central Florida area +6re$ard, Citrus, Flagler, Cernando, !ake, "arion, Orange, Osceola, 'utnam, Seminole, St. >ohns, Sumter, and Dolusia Counties.. &he party that loses an appeal to the -istrict Court of Appeal can ask the Florida Supreme Court to hear the case. Under Floridas Constitution, the Florida Supreme Court hears cases only in certain specific circumstances. 0n a limited num%er of cases, the losing party always has the right to appeal to the Florida Supreme Court. 6ut in most cases, the Court has discretion to choose whether to re$iew a case.

T HE F EDERAL AP PE LLAT E SY ST EM S TRUC TURE

&he United States -istrict Courts are the trial court in the %ulk of federal cases. 'arties that lose in the -istrict Court ha$e the right appeal to the United States Court of Appeals, which are sometimes referred to as Federal Circuit Courts of Appeals. &here are )3 U.S. Courts of Appeals. )5 are geographically dispersed in ma,or U.S. cities, with each Circuit hearing cases from the -istrict Courts in its immediate $icinity, and U.S. territories allocated among the Circuits, as followsE

)st Circuit +%ased in 6oston.E Appeals from federal -istrict Courts in "aine, "assachusetts, /ew Campshire, and Rhode 0sland, as well as 'uerto Rico. 5nd Circuit +in /ew Fork City.E Appeals from federal -istrict Courts in Connecticut, /ew Fork, and Dermont. 3rd Circuit +in 'hiladelphia.E Federal -istrict Courts in -elaware, /ew >ersey, and 'ennsyl$ania, and U.S. Dirgin 0slands 8th Circuit +in Richmond.E "aryland, /orth Carolina, Dirginia, South Carolina, ?est Dirginia. :th Circuit +in /ew Orleans.E !ouisiana, "ississippi, and &e4as. ;th Circuit +in Cincinnati.E Gentucky, "ichigan, Ohio, and &ennessee. <th Circuit +in Chicago.E 0llinois, 0ndiana, and ?isconsin. =th Circuit +in St. !ouis.E Arkansas, 0owa, "innesota, "issouri, /e%rasa, /orth -akota, and South -akota. 1th Circuit +in San Francisco.E Alaska, AriHona, California, Cawaii, 0daho, "ontana, /e$ada, Oregon, and ?ashington, as well as (uam and the /orthern "ariana 0slands. )2th Circuit +in -en$er.E Colorado, Gansas, /ew "e4ico, Utah, and ?yoming. ))th Circuit +in Atlanta.E Ala%ama, Florida, and (eorgia. -.C. Circuit +in ?ashington, -C.E Appeals from certain Administrati$e Agencies and the U.S. -istrict Court for the -istrict of Colum%ia.

Courtesy of www.uscourts.go$

&he )3th U.S. Court of Appeals is the Federal Circuit +in ?ashington, -C., which has ,urisdiction o$er appeals in certain specialiHed kinds of cases, includingE +a. appeals in patent and trademark cases, including from decisions of the U.S. 6oard of 'atent Appeals and 0nterferences, the U.S. &rademark &rial and Appeal 6oard, and U.S. -istrict Courts@ +%. appeals from the U.S. Court of Federal Claims, U.S. 6oard of Contract Appeals, and U.S. "erit Systems 'rotection 6oard, and certain claims against the federal go$ernment@ +c. appeals from the U.S. Court of Appeals for Deterans Claims@ and +d. appeals from the United States Court of 0nternational &rade, and the U.S. 0nternational &rade Commission.

U .S . SU PREME COU RT CA SE S
&he party that loses an appeal to a U.S. Court of Appeals, and in some instances, a party that loses in a state appellate court, can ask the U.S. Supreme Court in ?ashington, -.C. to hear the case, which is done %y filing a 'etition for ?rit of Certiorari. ?ith $ery rare e4ceptions, the U.S. Supreme Court can generally pick and choose which cases it hears. "ost years it agrees to hear less than :I of the cases it is asked to re$iew. "ost of the cases it agrees to hear in$ol$e one or more of the followingE +a. federal legal issues on which the circuits of the federal courts of appeals are in disagreement +known as Jcircuit splitsK.@ +%. a dispute the Court considers to %e of great pu%lic importance +such as Bush v. Gore, Brown v. Board of Education, which declared segregation Unconstitutional, and similar cases.@ +c. a ruling %y the court %elow finding a federal statute to %e unconstitutional@ or +d. recurring issues in interpreting the United States Constitution. A limited num%er of federal statutes allow for direct appeal from U.S. -istrict Courts to the Supreme Court.

R ES OU RC ES
Cere are some helpful links for more informationE

FLORIDA APPEALS RESOURCES:

First -istrict Court of Appeal ?e%site Second -istrict Court of Appeal ?e%site &hird -istrict Court of Appeal ?e%site Fourth -istrict Court of Appeal ?e%site Fifth -istrict Court of Appeal ?e%site

Florida Supreme Court ?e%site Florida Rules of Appellate 'rocedure Appellate 'ractice Section of the Florida 6ar )st Circuit Court of Appeals ?e%site 5nd Circuit Court of Appeals ?e%site 3rd Circuit Court of Appeals ?e%site 8th Circuit Court of Appeals ?e%site :th Circuit Court of Appeals ?e%site ;th Circuit Court of Appeals ?e%site <th Circuit Court of Appeals ?e%site =th Circuit Court of Appeals ?e%site 1th Circuit Court of Appeals ?e%site )2th Circuit Court of Appeals ?e%site ))th Circuit Court of Appeals ?e%site -istrict of Colum%ia Circuit Court of Appeals ?e%site Federal Circuit Court of Appeals ?e%site Supreme Court of the United States ?e%site Federal Rules of Appellate 'rocedure

FEDERAL APPEALS RESOURCES: