FREQUENTLY ASKED QUESTIONS:
1. When is the Clerk’s Office open?
8:00 a.m. to 4:00 p.m.
2. Where do I file my notice of appeal?
A notice of appeal must be filed in the clerk’s office of the lower tribunal or court where the order to be reviewed was entered.
3. How much time do I have to file a notice of appeal?
The notice of appeal must be filed within 30 days of rendition. Consult the Florida Rules of Appellate Procedure for definitions and motions that suspend rendition.
4. What other important deadlines apply to my appeal?
All deadlines applying to an appeal may be found in a set of rules called “Florida Rules of Appellate Procedure.” Paper copies of these rules can be found in most law libraries. Electronic copies are accessible through a link on this Court’s website (www.4dca.org).
5. How much is the filing fee for an appeal?
The filing fee for an appeal is $300. The Court accepts cash, money orders or checks made payable to Clerk, Fourth District Court of Appeal. The filing fees for a notice of cross-appeal, or a notice of joinder or motion to intervene as an appellant, cross-appellant or petitioner is $295.
6. Can I file an appeal without a lawyer?
Yes, you may file a notice of appeal on your own behalf without a lawyer.
7. Where can I find the rules that govern appeals?
See number 4 above.
8. Can I review the pleadings, briefs, orders and other documents in the court file online?
Not at this time. By visiting this court’s website at www.4dca.org, you can review the court’s docket, which is a list of the pleadings filed in this court. It is not a list of the items in the record prepared by the lower court or tribunal.
9. How many copies of a document must I file?
You must file an original and three copies of briefs, appendices (original only for non-final appeals) and notices of supplemental authority. For petitions and motions, only an original is required.
10. How do I obtain photocopies of court documents and what is the cost?
If you know exactly what documents you need, fill out the copy request form found on this website and mail it to the Clerk’s office. Your request will be handled in the order of its receipt. The court charges $1.00 per page for copies. If the copies are to be returned by mail, a stamped self-addressed envelope must be included with the request. There is an additional charge of $2.00 per page for certified copies. Copy work must be paid for in advance. Due to budget cuts, copies are limited to 10 pages per person if you come to our office.
11. Does the court have a drop box for filing after hours?
The court does not maintain a physical drop box. If you would like your filings to be clocked in for the previous work day, you must file them at the Clerk’s office before 9:00 A.M. on the following day. After 9:00 A.M., no filings will be stamped for the previous business day.
Important: The procedure in the above paragraph may not be used for the filing of documents necessary to give the court the jurisdiction to hear the appeal or petition: namely,notices of appeal, petitions for original writs such as habeas corpus, certiorari, mandamus or prohibition, and notices to invoke the jurisdiction of the Florida Supreme Court. See Capone v. Fla. Board of Regents, 774 So.2d 825 (Fla. 4th DCA 2000). For these documents, the filing must be clocked in no later than the last day on which it must be filed.
12. May I file a document by fax?
You may file a document by facsimile transmission only if you have received prior permission by Court order, and it must be promptly followed by an original filed in the Clerk’s office.
13. Does the court have electronic filing?
At this time, all filings must be paper. However, the court does also require briefs and petitions to be emailed to the court. Consult the Mandatory email requirements for more information.
14. What is oral argument and how can I request one?
Oral argument (or OA) is held in open court before a panel of three judges of the court. Oral argument is not held in all cases and will be held only upon an order of this court setting the date and time. To have your case considered for oral argument, you must file a timely request. See Florida Rule of Appellate Procedure 9.320.
15. Can I bring my own court reporter to an oral argument?
The court will permit a court reporter for oral argument only if a specific motion for permission to do so is filed with the court. The Court does record all oral arguments, however, and an audio CD of that recording will be available from the Clerk upon payment of the charge (currently $25).
16. Am I able to use exhibits during oral arguments?
To use exhibits or other demonstrative materials, you must file a motion with the Court before oral argument.
17. I have a hearing disability. Does the court have an assistive listening device I can use during oral arguments?
Yes. Contact the Marshal’s Office at least 24 hours prior to your attendance for assistance.
18. How do I obtain a recording of the oral argument?
See number 14 above.
19. When does the court issue its opinions?
Available opinions are released by the Clerk on Wednesday at 10:30 a.m. The opinions are posted on the website shortly after 10:30 a.m.
20. How long does it take an appeal to be resolved?
Generally, it takes two to three months from the filing of the last brief or response to get on the court's calendar for a consideration by a panel of three judges. After the judges confer, a decision is made, and an opinion may be written. Each case presents its own issues and difficulties, in most cases the decision is made within 180 days from the conference.
For further information, click on Clerk’s Office.