The First District Court of Appeals has approved amendments to the Court’s Local Rules. The amendments go into effect on February 1, 2024. The complete local rules, effective February 1, 2024, can be found by clicking here. Additionally, the Court has adopted changes to some of the forms in the Appendix of Forms. The appendix of forms can be found here. As part of these revisions, the Court has adopted new docket statements. The new docket statements must be used for any appeal filed after February 1, 2024. Failure to use the new docket statement will result in a show cause order and possible dismissal if the show cause order is not complied with. The new docket statements can be found here.
In these amendments, the Court has added the following new rules:
- 22 Media Coverage of Court Proceedings
- 23 Sanctions and Vexatious Litigator
- 26 Applications for En Banc Consideration
Additionally, the Court has adopted changes to the following rules:
- 3.1
- 3.2
- 3.3
- 4.2(C)
- 9(B)
- 11.1(A)
- 13.2(B)(1)(g), (B)(4)
- 14(A), (B), (D), (E)
- 15
- 16.1(A)(7) and (D)
- 19(A)(7)
- 20.2 (B)
- 21(E)
- 33
Finally, the following forms have been revised:
Summary of Changes:
The First District has adopted three new local rules. Local Rule 22 outlines the process by which media may request permission to broadcast, televise, photograph or otherwise record court proceedings. In conjunction with the proposed rule, a new form, Form 22 has been added to the appendix of forms. Local Rule 23 outlines the procedure by which the Court may impose sanctions or find a party to be a vexatious litigator with respect to filings in the First District Court of Appeals. The final new proposed rule, Local Rule 26, outlines the procedure by which the First District considers applications for en banc consideration.
In addition to these new rules, the Court also modified several existing rules. These changes aim to provide clarity or additional direction as to certain procedures. For instance, the modifications to Local Rule 3.1 are intended to provide clarity as to the appropriate caption of the appellate case, where amended notices of appeal and docket statements are to be filed, and who should be served with these filings. Additionally, the proposed changes to Local Rule 3.3 make clear that pending motions do not suspend the scheduling order, absent further order of the Court. The proposed changes to Local Rule 9(B) clarify under what circumstances the appellant must notify the Court, via the docket statement, of the requested preparation of transcripts of proceedings. The Court also proposes changes to Local Rule 14 to provide clarity as to the information that must be included in a notice of automatic extension.
The amendments also seek to adopt new procedures for certain filings in the First District. For instance, Local Rule 3.2 outlines the process by which attorneys may withdraw from cases or to notify the Court when counsel has been wrongly designated as counsel of record, Local Rule 15 addresses motions filed before the Court, Local Rule 20.2 addresses mediation stays, and Local Rule 21(E) modifies the information to be included in a request for remote arguments. Finally, Local Rule 33 has been amended to provide discretion for the Court to set an evidentiary hearing in an original action before the Court and also addresses the format for dispositive motions and briefs in original actions.
The amendments also modify procedures to address requirements under Marsy’s Law. Specifically Local Rule 4.2 addresses victim notification and responsive filings related to motions for bail and stay of execution of a criminal sentence. Further, Local Rule 13.2 addresses the redaction of certain victim information.
The Court has adopted changes to Form 3.1 DCV and Form 3.1 DCR, the docket statements for appeals before this Court. The revisions of these forms include changes to the “Record” section, as well as adding additional categories of appeals. Please note, if there are transcripts of proceedings that must still be prepared and filed for purposes of an appeal, a transcript request order form must be attached to the docket statement pursuant to Loc.R. 9(B)(1). The new docket statements must be used for any appeal filed on or after February 1, 2024. Failure to use the new docket statement will result in a show cause order and possible dismissal if the show cause order is not complied with.
