FREQUENTLY ASKED QUESTIONS
Q. Where can I find the rules that govern appeals?
A. The Florida Rules of Appellate Procedure govern appeals and can be found in most law libraries. An electronic version is also accessible through a link on this Court’s website (www.5dca.org).
Q. Does the Fifth DCA have any local rules I should be aware of?
A. The court does not have local rules, but helpful information is provided in the Notice to Parties and Attorneys. There are Administrative Orders regarding electronic filing and mediation which are available on the Court's website.
Q. Where do I file my notice of appeal?
A. 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.
Q. How much time do I have to file a notice of appeal?
A. Thirty days from the date the order you are appealing is filed in the lower tribunal or court or thirty days from the date an order on a motion tolling the time to appeal is filed. See Florida Rules of Appellate Procedure 9.020(h).
Q. What other important deadlines apply to my appeal?
A. The deadlines which apply to an appeal may be found in the Florida Rules of Appellate Procedure, and are available in most law libraries. An electronic version is also accessible through a link on this Court’s website (www.5dca.org).
Q. How much is the filing fee?
A. The filing fee for an appeal is $300. The Court accepts cash, money orders or checks made out to Clerk, Fifth District Court of Appeal. There is also a filing fee of $295 for filing a notice of cross-appeal, notice of joinder or motion to intervene.
Q. Can I file an appeal without a lawyer?
A. Yes, you may file a notice of appeal on your own behalf without a lawyer. You can find further information about representing yourself on appeal by clicking on this link for The Florida Bar, Pro Se Appellate Handbook: Representing Yourself on Appeal.
Q. Does the Court accept faxed documents?
A. The Court does not accept faxed pleadings, except when specifically authorized by Court order and the faxed copy must be promptly followed by an original filed in the Clerk’s office.
Q. How many copies of a pleading must be filed?
A. The Court requires all filers except pro se filers and lawyers who have obtained a hardship waiver from the court to file all documents electronically. Information about how to file electronically can be found by clicking the eDCA tab on the court’s website. Pro se filers and lawyers who have obtained waivers and are filing paper documents should file only one copy.
Q. Can I review the pleadings, briefs, orders and other documents in the court file online?
A. Documents in a case can be viewed online via the Court’s secure online portal known as eDCA (www.5dca.org). Once attorneys and pro se litigants have registered with eDCA, attorneys and pro se litigants can access cases in which they are the attorney or party of record. Not all documents in a case will be available electronically on eDCA, but the Court will be continuing to make as many documents available electronically in as many cases as possible. Not all briefs are available electronically, for example, briefs in older cases that were filed before the implementation of eDCA. The docket for all unrestricted cases and the opinions in all decided cases can be viewed on the Court’s website. (Registered attorneys who are not listed with the Court as the attorney of record on a case may obtain electronic copies of briefs filed in a case; however, briefs in confidential cases are only available to the attorneys and parties of record for that case.) Note that eDCA cannot be used by parties and/or attorneys to view documents filed in any cases other than their own.
Q. How many judges will decide my appeal?
A. Generally, a panel of three judges will decide each case.
Q. How are the judges assigned to my appeal?
A. The judges are randomly assigned to each case.
Q. What is oral argument and how can I request one?
A. Oral argument or OA is when the attorneys in a case appear before a panel of three judges to discuss the issues in the case. A timely request for oral argument must be filed with the Court. See Florida Rule of Appellate Procedure 9.320
Q. How can I watch oral arguments online?
A. Both live and archived video of oral arguments are available within the Oral Arguments link on this website.
Q. Can I bring my own court reporter to an oral argument?
A. You must file a motion with the Court.
Q. Am I able to use exhibits during oral arguments?
A. You must file a motion with the Court.
Q. I have a disability. Does the court provide assistance for me to participate in oral arguments?
A. Yes. If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Marshal, Charles Crawford, 300 South Beach Street, Daytona Beach, Florida 32114, telephone (386) 947-1544, as far in advance as possible, preferably seven (7) days, before you wish to participate. If you are voice or hearing impaired, call 711 to reach the Telecommunications Relay Service.
Q. How do I get a copy of an oral argument transcript or video file of an oral argument?
A. Digitized videos of oral arguments can be viewed online from the Oral Arguments Link . The court does not create transcripts of oral arguments and video files or video tapes of oral arguments are not available.
Q. How long does it take an appeal to be resolved?
A. There is no set time period for an appeal to be resolved. After the briefing is completed, the Court will set a case for oral argument or conference as the Court’s schedule will allow. Each case is considered individually and the length of time for the Court to render a decision will depend on the facts of the case.
Q. If I lose my appeal, am I responsible for paying the other party's attorney's fees?
A. This is something you should discuss with your attorney.
Q. What does the Court charge for copies?
A. 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.
Q. What circuits and counties are included in the Fifth District Court of Appeal?
A. The Fifth District Court of Appeal is comprised of the Fifth Circuit, including Hernando, Lake, Marion, Citrus and Sumter Counties; the Seventh Circuit, including Flagler, Putnam, St. Johns and Volusia Counties; the Ninth Circuit, including Orange and Osceola Counties; and the Eighteenth Circuit, including Brevard and Seminole Counties.