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ITEM 15G | THE APPELLATE BRIEFING PROCESS IN AN ADMINISTRATIVE APPEAL

The requirements for briefs in an administrative appeal are generally the same as for appeals in civil actions, and are addressed in more detail in a separate chapter of this Handbook. See Chapter 5 on Writing an Appellate Brief. Below is a summary of the requirements in an administrative appeal.

The party appealing (appellant) has to file and serve his or her initial brief within 70 days of filing the notice of appeal. If more time is needed, a motion for more time (an extension) should be filed in the appellate court before the deadline. After the initial brief is filed, the other side (appellee), usually the agency, has 20 days in which to file and serve an answer brief. The appellant may then file and serve a reply brief, responding to the answer brief, within 20 days of the answer brief. The initial and answer briefs generally cannot be longer than 50 pages each, and the reply brief cannot be more than 15 pages. See Florida Rules of Appellate Procedure 9.110, 9.210, and 9.420, as well as Florida Rules of Judicial Administration 2.514 and 2.516; see also Chapter 7 on the Timeline for Appeals From Final Orders of Lower Tribunals.

Service of briefs by e-mail may be available for pro se parties if certain procedures and requirements are followed. See Florida Rules of Judicial Administration 2.514 and 2.516. In addition, most courts now allow (but do not require) electronic filing by pro se parties. See Florida Rule of Judicial Administration 2.525(c)-(d). The requirements for electronic filing, even when it is available, often vary in different courts. Accordingly, pro se parties interested in electronic filing should consult the website or clerk’s office of the particular court to find out if electronic filing is allowed, and, if so, the requirements for electronic filing and service by e-mail. See also Florida Rules of Judicial Administration 2.516 and 2.525(c)-(d).
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 15G from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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