1. The Record in Nonfinal Appeals and Original Proceedings
There is an important distinction between "final" appeals, "nonfinal" appeals, and original proceedings when assembling the appellate record. See Fla. R. App. P. 9.110 (final appeals), 9.130 (nonfinal appeals), and 9.100 (original proceedings). The difference between final and nonfinal appeals and original proceedings is discussed in greater detail in Chapters 1, 8, 9, and 10 of this Handbook. In nonfinal appeals and original proceedings the parties submit record documents to the appellate court directly, not through the lower tribunal clerk, by filing an appendix with the initial or answer brief (nonfinal appeals) or the petition and response (original proceedings). Fla. R. App. P. 9.130(e) and 9.100(g). An appendix includes any documents relevant to the issues raised in the appeal and that are necessary for the appellate court to come to a decision. Fla. R. App. P. 9.200. An appendix must include an index or table of contents that gives the title of each document and the page number of the appendix where it can be found. The appendix should be separate from the brief or petition/response. Many appellate courts prefer that the parties identify the documents individually using bookmarks if they are submitting them electronically as a PDF. While this is a requirement for attorneys submitting an appendix, it is not currently a requirement for pro se litigants.In most cases, parties should arrange all of the documents in chronological order, from the oldest to the newest. That is, the appendix should begin with the first document filed with the lower tribunal, then continue in the order in which the remaining documents were filed, and end with the order being appealed. If a pro se party files a paper copy of the appendix with the appellate court, the appendix must be on standard 8½" x 11" paper. If any documents are on larger pieces of paper, the party compiling that appendix should reduce the documents to standard, 8½" x 11" size paper when copying them.
As in final appeals, the parties may only include in the appendix copies of documents that were filed in and considered by the lower tribunal before the order being appealed was entered. When possible, the parties should use copies of documents that include the filing date or clerk's stamp in their appendix. When including a copy of a lower tribunal order, especially the order on review, the party should obtain a signed or “conformed” copy of the order from the lower tribunal. The clerks of the circuit courts are increasingly posting filed documents on their websites, making it relatively easy for litigants to save and print out filed versions of their pleadings and court orders.
2. The Record in Final Appeals
Generally in most final appeals, and in some postconviction appeals, the appeals division of the lower tribunal clerk's office assembles the record on appeal the same way: by copying the parts of the lower tribunal's file that go into the record on appeal, numbering those pages, and placing those pages into an electronic PDF document. The clerk’s office then prepares an electronic index to the record on appeal, which includes the title of each record document and the record page number on which it can be found. With the amendments to rule 9.200 that took effect on January 5, 2016, the lower tribunal clerk is now required to paginate the record on appeal so that the PDF pages match the record page numbers, make the PDF record text searchable, and bookmark the record. Fla. R. App. P. 9.200(d). The clerk will attach the trial transcripts in a PDF file separate from the main record but matching the pagination of the index. Fla. R. App. P. 9.200(d)(2). These new requirements help make the electronic record easier for the parties and the appellate court to navigate.The lower tribunal clerk’s office provides a copy of the record on appeal to each of the parties in most criminal cases and in nonsummary postconviction appeals. Fla. R. App. P. 9.140(f)(4) and 9.141(b)(3)(B). In civil cases, the clerk's office initially sends each party a copy of only the record index. It is then generally up to the parties to either compile their own copy of the record using the record index, or obtain an electronic copy of the record from the clerk. Fla. R. App. P. 9.110(e). The lower tribunal clerk is not required to provide a copy of the record or the index to the parties in a summary postconviction appeal. Fla. R. App. P. 9.141(b)(2)(B). After preparing the record and index, the lower tribunal clerk's office will electronically transmit both to the appellate court.
When an appellant files a notice of appeal without specific directions to the clerk, the lower tribunal clerk will automatically include only the documents required by rule in the appellate record when it transmits the record to the appellate court. Fla. R. App. P. 9.200(a)(1). This is what happens in most appeals.
