Criminal Appeals

Rule 9 of the Florida Rules of Procedure governs the appeal process.

  • Circuit Courts review by appeal the orders of lower court tribunals, otherwise known as County Courts.
  • District Courts of Appeal review by appeal final orders of trial courts not directly reviewable by the Supreme Court or a CircuitCourt and Non-final orders of Circuit Courts.
  • The Supreme Court reviews by appeal final orders of the courts imposing death sentences and decisions of the state courts that declare invalid any statutes or provisions of the state constitution.

APPEAL REQUIREMENTS

Appeals must be filed within thirty (30) days of the rendition of the order to be reviewed. For information on how to file an appeal you may either contact an attorney or research the Florida Statutes and Florida Rules of Court. Both of these references are available at your local Library.

There are no prepared forms for proceeding in the appeal and we cannot help you prepare your documents. The Florida Rules of Appellate Procedure has information and sample forms to assist you in your appeal.

A self represented (Pro Se) Appellate Handbook is available on the Appellate Practice Selection of the Florida Bar at http://prose.flabarappellate.org/default.asp.

Compliance with all calendar deadlines for filing of briefs and appendices is very important. Please read the rules to ensure your appeal will proceed in a timely fashion and to avoid Orders to Show Cause why your appeal should not be dismissed.

There is no hearing time involved with the appeal process unless a judge, attorney or defendant request one. If the judge has requested a hearing, you will be notified by the Judge’s office.

FROM COUNTY COURT TO CIRCUIT COURT

These appeals include Misdemeanor, and Criminal Traffic.

FILING

For these cases it is necessary to file:

  • Original Notice of Appeal
  • Statement of Judicial Acts to be Reviewed
  • Designation to Court Reporter (if transcripts of court proceedings are required)
  • Directions to the Clerk
  • Filing Fee or compliance with indigent status requirements

FEES AND COSTS

Appeal processing fees must be paid at the time the Notice of Appeal is filed. If you are unable to pay the filing fee you must come to the Clerk’s Office to complete a Financial Affidavit for Indigent Status.

FILING FEES

Clerk of Court $281.00

After the Record is prepared, an additional fee for the preparation will be due. The cost of the preparation may be anywhere from $50.00 to several hundred or more. The cost is based upon the complexity of the record. The Clerk’s office is responsible for preparing the Record on Appeal only and will supply the usual Record as per Rule 9.200 or comply with your “Directions” to the Clerk” if you choose to file same.

FROM CIRCUIT COURT TO THE 5TH DCA

These appeals include Felony, and Juvenile Delinquency.

FILING

For these cases it is necessary to file:

  • Original Notice of Appeal
  • Statement of Judicial Acts to be Reviewed
  • Designation to Court Reporter (if transcripts are required)
  • Directions to the Clerk
  • Filing Fee or compliance with indigent status requirement

FEES AND COSTS

Appeal processing fees must be paid at the time the Notice of Appeal is filed with the Clerk’s office. If you are unable to pay the filing fee you must come to the Clerk’s Office to complete a Financial Affidavit for Indigent Status. Based on your affidavit, the court may find you to be indigent for the purpose of the appeal and waive the fees.

FILING FEES

Clerk of Court $100.00

5th District Court of Appeal $300.00 *

*Note – The filing fee to the 5th DCA is waived on most juvenile appeals. However, the fees to the clerk will be due unless you are found to be indigent by the Circuit Judge.

After the Record is prepared, an additional fee for the preparation will be due. The cost of the preparation may be anywhere from $50.00 to several hundred or more. The cost is based upon the complexity of the record. The Clerk’s office is responsible for preparing the Record on Appeal only and will supply the usual Record as per Rule 9.200 or comply with your “Directions” to the Clerk” if you choose to file same.

PAYMENT FOR TRANSCRIPTS OF COURT PROCEEDINGS

Financial arrangements for payment of transcripts must be made with the court reporter’s office. The Clerk’s office is not involved in this process.  Court Reporting Services for St. Johns County can be contacted at 904-827-5644.