RULE 9.200. THE RECORD

(a) Contents.

(1) Except as otherwise designated by the parties, the
record must consist of all documents filed in the lower tribunal, all
exhibits that are not physical evidence, and any transcript(s) of
proceedings filed in the lower tribunal, except summonses,
praecipes, subpoenas, returns, notices of hearing or of taking
deposition, depositions, and other discovery. In criminal cases,
when any exhibit, including physical evidence, is to be included in
the record, the clerk of the lower tribunal must not, unless ordered
by the court, transmit the original and, if capable of reproduction,
must transmit a copy, including but not limited to copies of any
tapes, CDs, DVDs, or similar electronically recorded evidence. The
record must also include a progress docket.

(2) Within 10 days of filing the notice of appeal, an
appellant may direct the clerk of the lower tribunal to include or
exclude other documents or exhibits filed in the lower tribunal. The
directions must be substantially in the form prescribed by rule
9.900(g). If the clerk of the lower tribunal is directed to transmit
less than the entire record or a transcript of trial with less than all
of the testimony, the appellant must serve with such direction a
statement of the judicial acts to be reviewed. Within 20 days of
filing the notice, an appellee may direct the clerk of the lower
tribunal to include additional documents and exhibits.

(3) The parties may prepare a stipulated statement
showing how the issues to be presented arose and were decided in
the lower tribunal, attaching a copy of the order to be reviewed and
as much of the record in the lower tribunal as is necessary to a
determination of the issues to be presented. The parties must
advise the clerk of the lower tribunal of their intention to rely on a
stipulated statement in lieu of the record as early in advance of
filing as possible. The stipulated statement must be filed by the
parties and transmitted to the court by the clerk of the lower
tribunal within the time prescribed for transmittal of the record.

(b) Transcript(s) of Proceedings.

(1) Designation to Court Reporter. Within 10 days of
filing the notice of appeal, the appellant must designate those
portions of the proceedings not on file deemed necessary for
transcription and inclusion in the record and must serve the
designation on the approved court reporter, civil court reporter, or
approved transcriptionist. Within 20 days of filing the notice of
appeal, an appellee may designate additional portions of the
proceedings and must serve the designation on the approved court
reporter, civil court reporter, or approved transcriptionist. Copies of
designations must be served on the approved court reporter, civil
court reporter, or approved transcriptionist. Costs of the
transcript(s) so designated will be borne initially by the designating
party, subject to appropriate taxation of costs as prescribed by rule
9.400. At the time of the designation, unless other satisfactory
arrangements have been made, the designating party must make a
deposit of 1/2 of the estimated transcript costs, and must pay the
full balance of the fee on delivery of the completed transcript(s).

(2) Court Reporter’s Acknowledgment. On service of a
designation, the approved court reporter, civil court reporter, or
approved transcriptionist must acknowledge at the foot of the
designation the fact that it has been received and the date on which
the approved court reporter, civil court reporter, or approved
transcriptionist expects to have the transcript(s) completed and
must serve the so-endorsed designation on the parties and file it
with the clerk of the lower tribunal within 5 days of service. If the
transcript(s) cannot be completed within 30 days of service of the
designation, the approved court reporter, civil court reporter, or
approved transcriptionist must request such additional time as is
reasonably necessary and must state the reasons therefor. If the
approved court reporter, civil court reporter, or approved
transcriptionist requests an extension of time, the court must allow
the parties 5 days in which to object or agree. The court must
approve the request or take other appropriate action and must
notify the reporter and the parties of the due date of the
transcript(s).

(3) Time for Service of Transcript. Within 30 days of
service of a designation, or within the additional time provided for
under subdivision (b)(2) of this rule, the approved court reporter,
civil court reporter, or approved transcriptionist must transcribe
and file with the clerk of the lower tribunal the designated
proceedings and must serve copies as requested in the designation.
If a designating party directs the approved court reporter, civil court
reporter, or approved transcriptionist to furnish the transcript(s) to
fewer than all parties, that designating party must serve a copy of
the designated transcript(s) on the parties within 10 days of receipt
from the approved court reporter, civil court reporter, or approved
transcriptionist.

(4) Organization of Transcript. The transcript of the trial
must be filed with the clerk of the lower tribunal separately from
the transcript(s) of any other designated proceedings. The transcript
of the trial must be followed by a master trial index containing the
names of the witnesses, a list of all exhibits offered and introduced
in evidence, and the pages where each may be found. The pages,
including the index pages, must be consecutively numbered,
beginning with page 1. The pages must not be condensed.

(5) Statement of Evidence or Proceedings. If no report of
the proceedings was made, or if the transcript is unavailable, a
party may prepare a statement of the evidence or proceedings from
the best available means, including the party’s recollection. The
statement must be served on all other parties, who may serve
objections or proposed amendments to it within 15 days of service.
Thereafter, the statement and any objections or proposed
amendments must be filed with the lower tribunal for settlement
and approval. As settled and approved, the statement must be
included by the clerk of the lower tribunal in the record.
(c) Cross-Appeals. Within 20 days of filing the notice of
appeal, a cross-appellant may direct that additional documents,
exhibits, or transcript(s) be included in the record. If less than the
entire record is designated, the cross-appellant must serve, with the
directions, a statement of the judicial acts to be reviewed. The
cross-appellee will have 15 days after such service to direct further
additions. The time for preparation and transmittal of the record
will be extended by 10 days.

(d) Preparation and Transmission of Electronic Record.

(1) The clerk of the lower tribunal must prepare the
record as follows:

(A) The clerk of the lower tribunal must assemble
the record on appeal and prepare a cover page and a complete index
to the record. The cover page must include the name of the lower
tribunal, the style and number of the case, and the caption
RECORD ON APPEAL in 48-point bold font. Consistent with Florida
Rule of General Practice and Judicial Administration 2.420(g)(8),
the index must indicate any confidential information in the record
and if the information was determined to be confidential in an
order, identify such order by date or docket number and record
page number. The clerk of the lower tribunal will not be required to
verify and will not charge for the incorporation of any transcript(s)
into the record. The transcript of the trial must be kept separate
from the remainder of the record on appeal and must not be
renumbered by the clerk of the lower tribunal. The progress docket
must be incorporated into the record immediately after the index.

(B) All pages of the record must be consecutively
numbered. Any transcripts other than the transcript of the trial
must continue the pagination of the record pages. Supplements
permitted after the clerk of the lower tribunal has transmitted the
record to the court must be submitted by the clerk of the lower
tribunal as separate Portable Document Format (“PDF”) files in
which pagination is consecutive from the original record and
continues through each supplement.
(C) The entire record, except for the transcript of
the trial, must be compiled into a single PDF file. The PDF file must
be:

(i) text searchable;

(ii) paginated so that the page numbers
displayed by the PDF reader exactly match the pagination of the
index; and

(iii) bookmarked, consistently with the index,
such that each bookmark states the date, name, and record page of
the filing and the bookmarks are viewable in a separate window.

(2) The transcript of the trial must be converted into a
second PDF file. The PDF file must be:

(A) text searchable; and

(B) paginated to exactly match the pagination of
the master trial index of the transcript of the trial filed under
subdivision (b)(4).

(3) The clerk of the lower tribunal must certify the
record, redact the PDF files of the record and the transcript of the
trial under Florida Rule of General Practice and Judicial
Administration 2.420(d), and transmit the redacted PDF files to the
court by the method described in subdivisions (d)(4) of this rule. By
request or standing agreement with the clerk of the lower tribunal,
counsel of record or a pro se party may obtain the record and the
transcript of the trial that are unredacted to the extent permitted
for access by the requestor. No formal motion will be required. The
clerk of the lower tribunal must certify the less redacted record and
transmit the PDF files to the court by the method described in
subdivision (d)(4) of this rule or file a notice of inability to complete
or transmit the record, specifying the reason.

(4) The clerk of the lower tribunal must transmit the
record and the transcript of the trial to the court by uploading the
PDF files:
(A) via the Florida Courts E-Filing Portal; or

(B) in accordance with the procedure established
by the appellate court’s administrative order governing
transmission of the record.

(5) The court must upload the electronic record to the
electronic filing (e-filing) system docket. Attorneys and those parties
who are registered users of the court’s e-filing system may
download the electronic record in their case(s).

(e) Duties of Appellant or Petitioner. The burden to ensure
that the record is prepared and transmitted in accordance with
these rules will be on the petitioner or the appellant. Any party may
enforce the provisions of this rule by motion.

(f) Correcting and Supplementing Record.

(1) If there is an error or omission in the record, the
parties by stipulation, the lower tribunal before the record is
transmitted, or the court may correct the record.

(2) If the court finds the record is incomplete, it must
direct a party to supply the omitted parts of the record. No
proceeding will be determined, because of an incomplete record,
until an opportunity to supplement the record has been given.

(3) If the court finds that the record is not in
compliance with the requirements of subdivision (d) of this rule, it
may direct the clerk of the lower tribunal to submit a compliant
record, which will replace the previously filed noncompliant record.

Committee Notes

1977 Amendment. This rule replaces former rule 3.6 and
represents a complete revision of the matters pertaining to the
record for an appellate proceeding. References in this rule to
“appellant” and “appellee” should be treated as equivalent to
“petitioner” and “respondent,” respectively. See Commentary, Fla. R.
App. P. 9.020. This rule is based in part on Federal Rule of
Appellate Procedure 10(b).

Subdivision (a)(1) establishes the content of the record unless
an appellant within 10 days of filing the notice directs the clerk to
exclude portions of the record or to include additional portions, or
the appellee within 20 days of the notice being filed directs
inclusion of additional portions. In lieu of a record, the parties may
prepare a stipulated statement, attaching a copy of the order that is
sought to be reviewed and essential portions of the record. If a
stipulated statement is prepared, the parties must advise the clerk
not to prepare the record. The stipulated statement is to be filed
and transmitted within the time prescribed for transmittal of the
record. If less than a full record is to be used, the initiating party
must serve a statement of the judicial acts to be reviewed so that
the opposing party may determine whether additional portions of
the record are required. Such a statement is not intended to be the
equivalent of assignments of error under former rule 3.5. Any
inadequacy in the statement may be cured by motion to supplement
the record under subdivision (f) of this rule.

Subdivision (a) interacts with subdivision (b) so that as soon
as the notice is filed the clerk of the lower tribunal will prepare and
transmit the complete record of the case as described by the rule.
To include in the record any of the items automatically omitted, a
party must designate the items desired. A transcript of the
proceedings in the lower tribunal will not be prepared or
transmitted unless already filed, or the parties designate the
portions of the transcript desired to be transmitted. Subdivision
(b)(2) imposes on the reporter an affirmative duty to prepare the
transcript of the proceedings as soon as designated. It is intended
that to complete the preparation of all official papers to be filed with
the court, the appellant need only file the notice, designate omitted
portions of the record that are desired, and designate the desired
portions of the transcript. It therefore will be unnecessary to file
directions with the clerk of the lower tribunal in most cases.

Subdivision (b)(1) replaces former rule 3.6(d)(2), and
specifically requires service of the designation on the court reporter.
This is intended to avoid delays that sometimes occur when a party
files the designation, but fails to notify the court reporter that a
transcript is needed. The rule also establishes the responsibility of
the designating party to initially bear the cost of the transcript.

Subdivision (b)(2) replaces former rule 3.6(e). This rule
provides for the form of the transcript, and imposes on the reporter
the affirmative duty of delivering copies of the transcript to the
ordering parties on request. Such a request may be included in the
designation. Under subdivision (e), however, the responsibility for
ensuring performance remains with the parties. The requirement
that pages be consecutively numbered is new and is deemed
necessary to assure continuity and ease of reference for the
convenience of the court. This requirement applies even if 2 or more
parties designate portions of the proceedings for transcription. It is
intended that the transcript portions transmitted to the court
constitute a single consecutively numbered document in 1 or more
volumes not exceeding 200 pages each. If there is more than 1 court
reporter, the clerk will renumber the pages of the transcript copies
so that they are sequential. The requirement of a complete index at
the beginning of each volume is new, and is necessary to
standardize the format and to guide those preparing transcripts.

Subdivision (b)(3) provides the procedures to be followed if no
transcript is available.

Subdivision (c) provides the procedures to be followed if there
is a cross-appeal or cross-petition.

Subdivision (d) sets forth the manner in which the clerk of the
lower tribunal is to prepare the record. The original record is to be
transmitted unless the parties stipulate or the lower court orders
the original be retained, except that under rule 9.140(d) (governing
criminal cases), the original is to be retained unless the court
orders otherwise.

Subdivision (e) places the burden of enforcement of this rule
on the appellant or petitioner, but any party may move for an order
requiring adherence to the rule.
Subdivision (f) replaces former rule 3.6(l). The new rule is
intended to ensure that appellate proceedings will be decided on
their merits and that no showing of good cause, negligence, or
accident is required before the lower tribunal or the court orders
the completion of the record. This rule is intended to ensure that
any portion of the record in the lower tribunal that is material to a
decision by the court will be available to the court. It is specifically
intended to avoid those situations that have occurred in the past
when an order has been affirmed because appellate counsel failed
to bring up the portions of the record necessary to determine
whether there was an error. See Pan American Metal Prods. Co. v.
Healy, 138 So. 2d 96 (Fla. 3d DCA 1962). The rule is not intended
to cure inadequacies in the record that result from the failure of a
party to make a proper record during the proceedings in the lower
tribunal. The purpose of the rule is to give the parties an
opportunity to have the appellate proceedings decided on the record
developed in the lower tribunal. This rule does not impose on the
lower tribunal or the court a duty to review on their own the
adequacy of the preparation of the record. A failure to supplement
the record after notice by the court may be held against the party at
fault.

Subdivision (g) requires that the record in civil cases be
returned to the lower tribunal after final disposition by the court
regardless of whether the original record or a copy was used. The
court may retain or return the record in criminal cases according to
its internal administration policies.

1980 Amendment. Subdivisions (b)(1) and (b)(2) were
amended to specify that the party designating portions of the
transcript for inclusion in the record on appeal shall pay for the
cost of transcription and shall pay for and furnish a copy of the
portions designated for all opposing parties. See rule 9.420(b) and
1980 committee note thereto relating to limitations of number of
copies.

1987 Amendment. Subdivision (b)(3) above is patterned after
Federal Rule of Appellate Procedure 11(b).
1992 Amendment. Subdivisions (b)(2), (d)(1)(A), and (d)(1)(B)
were amended to standardize the lower court clerk’s procedure with
respect to the placement and pagination of the transcript in the
record on appeal. This amendment places the duty of paginating the
transcript on the court reporter and requires the clerk to include
the transcript at the end of the record, without repagination.

1996 Amendment. Subdivision (a)(2) was added because
family law cases frequently have continuing activity at the lower
tribunal level during the pendency of appellate proceedings and
that continued activity may be hampered by the absence of orders
being enforced during the pendency of the appeal.

Subdivision (b)(2) was amended to change the wording in the
third sentence from “transcript of proceedings” to “transcript of the
trial” to be consistent with and to clarify the requirement in
subdivision (d)(1)(B) that it is only the transcript of trial that is not
to be renumbered by the clerk. Pursuant to subdivision (d)(1)(B), it
remains the duty of the clerk to consecutively number transcripts
other than the transcript of the trial. Subdivision (b)(2) retains the
requirement that the court reporter is to number each page of the
transcript of the trial consecutively, but it is the committee’s view
that if the consecutive pagination requirement is impracticable or
becomes a hardship for the court reporting entity, relief may be
sought from the court.

2006 Amendment. Subdivision (a)(2) is amended to apply to
juvenile dependency and termination of parental rights cases and
cases involving families and children in need of services. The
justification for retaining the original orders, reports, and
recommendations of magistrate or hearing officers, and judgments
within the file of the lower tribunal in family law cases applies with
equal force in juvenile dependency and termination of parental
rights cases, and cases involving families and children in need of
services.

2014 Amendment. The phrase “all exhibits that are not
physical evidence” in subdivision (a)(1) is intended to encompass all
exhibits that are capable of reproduction, including, but not limited
to, documents, photographs, tapes, CDs, DVDs, and similar
reproducible material. Exhibits that are physical evidence include
items that are not capable of reproduction, such as weapons,
clothes, biological material, or any physical item that cannot be
reproduced as a copy by the clerk’s office.

2015 Amendment. The amendments in In re Amendments to
Rule of Appellate Procedure 9.200, 164 So. 3d 668 (Fla. 2015), do
not modify the clerk’s obligation to transmit a separate copy of the
index to the parties, pursuant to rule 9.110(e).