DCA Memo on Motions
On November 14, 2024 the Florida First District forwarded the following in a case. It is informative and posted here for public convenience.
FLORIDA DISTRICT COURT OF APPEAL, FIRST DISTRICT Notice in Workers’ Compensation Cases In workers' compensation cases, the court requires all motions for an extension of time to specifically state the circumstances justifying an extension. Motions requesting an extension of time solely on the basis of a busy schedule will not be favorably received. A movant must include in the motion the number of days requested and a date certain when the brief will be filed. Extensions for reply briefs will not be granted except upon showing of an emergency. Generally, the court will not grant a motion for an extension of time which has been filed after the time has expired for serving the brief unless good cause can be shown why the filing was untimely. If more time is needed to ensure filing of the record on appeal, a motion for an extension of time to file the record should be filed by the appellant or the lower tribunal (or by the court reporter if an extension is needed for preparation of the transcript). Ultimately, the appellant is responsible for ensuring the preparation of the record on appeal by the lower tribunal. See Florida Rule of Appellate Procedure 9.200(e). Motions for an extension of time, as well as motions relating to the preparation of the record or requesting that oral argument be rescheduled, must contain a certificate indicating that opposing counsel has been consulted and whether an objection has been raised. Counsel should also be aware that in order to expedite processing of these cases, orders granting oral argument may provide less advanced notice of the oral argument date than the normal five to six weeks in other cases.
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