The Florida Supreme Court has approved amendments to the Florida Rules of Appellate Procedure, impacting how amicus curiae briefs are filed and requiring new forms to include a certificate of service. The changes, effective January 1, 2027, aim to streamline the appellate process and clarify existing rules.
The amendments specifically modify rule 9.370, which governs amicus curiae briefs, and rule 9.900, which outlines the necessary forms for appellate procedures. These updates are significant as they affect all parties involved in appellate cases in Florida, including attorneys, judges, and individuals seeking to file amicus briefs.
Background
The amendments stemmed from a report submitted by the Florida Bar’s Appellate Court Rules Committee. This committee is responsible for reviewing and suggesting changes to the appellate rules to ensure they remain relevant and effective. The court published the proposed amendments for public comment, but no feedback was received.
The key parties involved in this case include the Florida Bar’s Appellate Court Rules Committee, which proposed the changes, and the Supreme Court of Florida, which ultimately decided to adopt the amendments. The court has jurisdiction over the rules of practice and procedure in Florida, as outlined in the state constitution.
The Ruling
The court ruled to adopt the proposed amendments as outlined in the committee’s report. The amendments clarify that the statement of the identity of the amicus curiae and its interest in the case will now count towards the word limit of the brief. The court stated, "An amicus brief must include a concise statement of the identity of the amicus curiae and its interest in the case, which is included in the word count." This change aims to ensure that all submissions are concise and relevant.
Additionally, the court amended rule 9.900 to require a certificate of service for all forms, including a specific certificate for the attorney general in cases that raise constitutional questions. The court noted, "We adopt the amendments as proposed by the Committee and discuss the more significant amendments below." Chief Justice Carlos Muñiz and Justices John Couriel, Jorge Labarga, and others concurred with the decision.
Impact
The amendments to the Florida Rules of Appellate Procedure will have a significant impact on how amicus briefs are prepared and submitted. By including the identity statement in the word count, the court encourages brevity and clarity in these important documents. This change is expected to streamline the process for both attorneys and the court.
Furthermore, the requirement for a certificate of service in all forms ensures that all parties are properly notified of filings, which can help prevent misunderstandings and procedural delays. These updates reflect the court's commitment to maintaining an efficient and transparent appellate process.
What's Next
The amendments will take effect on January 1, 2027. There is no indication in the court filing that these changes will be appealed or contested. As of now, there are no related cases pending that would affect these amendments.