RULE 9.210. BRIEFS

(a) Generally. Unless otherwise ordered by the court, the
only briefs permitted to be filed by the parties in any 1 proceeding
are the initial brief, the answer brief, and a reply brief. A cross-reply
brief is permitted if a cross-appeal has been filed or if the
respondent identifies issues on cross-review in its brief on
jurisdiction in the supreme court. All briefs required by these rules
must be prepared as follows:

(1) The cover sheet of each brief must state the name of
the court, the style of the cause, including the case number if
assigned, the lower tribunal, the party on whose behalf the brief is
filed, the type of brief, and the name, address, and e-mail address of
the attorney filing the brief.

(2) Computer-generated briefs must not exceed the
word count limits of this subdivision. Handwritten or typewritten
briefs must not exceed the page limits of this subdivision. The word
count or page limits for briefs will be as follows:

(A) Briefs on jurisdiction must not exceed 2,500
words or 10 pages.

(B) Except as provided in subdivisions (a)(2)(C)
and (a)(2)(D) of this rule, the initial and answer briefs must not
exceed 13,000 words or 50 pages and the reply brief must not
exceed 4,000 words or 15 pages. If a cross-appeal is filed or the
respondent identifies issues on cross-review in its brief on
jurisdiction in the supreme court, the appellee or respondent’s
answer/cross-initial brief must not exceed 22,000 words or 85
pages, and the appellant or petitioner’s reply/cross-answer brief
must not exceed 13,000 words or 50 pages. Cross-reply briefs must
not exceed 4,000 words or 15 pages.

(C) In an appeal from a judgment of conviction
imposing a sentence of death or from an order ruling after an
evidentiary hearing on an initial postconviction motion filed under
Florida Rule of Criminal Procedure 3.851, the initial and answer
briefs must not exceed 25,000 words or 100 pages and the reply
brief must not exceed 10,000 words or 35 pages. If a cross-appeal is
filed, the appellee’s answer/cross-initial brief must not exceed
40,000 words or 150 pages and the appellant’s reply/cross-answer
brief must not exceed 25,000 words or 100 pages. Cross-reply briefs
must not exceed 10,000 words or 35 pages.

(D) In an appeal from an order summarily denying
an initial postconviction motion filed under Florida Rule of Criminal
Procedure 3.851, a ruling on a successive postconviction motion
filed under Florida Rule of Criminal Procedure 3.851, a finding that
a defendant is intellectually disabled as a bar to execution under
Florida Rule of Criminal Procedure 3.203, or a ruling on a motion
for postconviction DNA testing filed under Florida Rule of Criminal
Procedure 3.853, the initial and answer briefs must not exceed
20,000 words or 75 pages. Reply briefs must not exceed 6,500
words or 25 pages.

(E) The cover sheet, the tables of contents and
citations, the certificates of service and compliance, and the
signature block for the brief’s author are excluded from the word
count or page limits in subdivisions (a)(2)(A)–(a)(2)(D). For briefs on
jurisdiction, the statement of the issues also will be excluded from
word count or the page limits in subdivision (a)(2)(A). All pages not
excluded from the computation must be consecutively numbered.
The court may permit longer briefs.

(3) Unless otherwise ordered by the court, an attorney
representing more than 1 party in an appeal may file only 1 initial
or answer brief and 1 reply brief, if authorized, which will include
argument as to all of the parties represented by the attorney in that
appeal. A single party responding to more than 1 brief, or
represented by more than 1 attorney, is similarly bound.

(b) Contents of Initial Brief. The initial brief must contain
the following, in order:

(1) a table of contents listing the sections of the brief,
including headings and subheadings that identify the issues
presented for review, with references to the pages on which each
appears;

(2) a table of citations with cases listed alphabetically,
statutes and other authorities, and the pages of the brief on which
each citation appears;

(3) a statement of the case and of the facts, which must
include the nature of the case, the course of the proceedings, and
the disposition in the lower tribunal, with references to the
appropriate pages of the record or transcript;

(4) a summary of argument, suitably paragraphed,
condensing succinctly, accurately, and clearly the argument
actually made in the body of the brief, which should not be a mere
repetition of the headings under which the argument is arranged;

(5) argument with regard to each issue, with citation to
appropriate authorities, and including the applicable appellate
standard of review;

(6) a short conclusion setting forth the precise relief
sought;

(7) a certificate of service; and

(8) a certificate of compliance for computer-generated
briefs.

(c) Contents of Answer Brief. The answer brief must be
prepared in the same manner as the initial brief, provided that the
statement of the case and of the facts may be omitted, if the
corresponding section of the initial brief is deemed satisfactory. If a
cross-appeal has been filed or the respondent identifies issues on
cross-review in its brief on jurisdiction in the supreme court, the
answer brief must include the issues presented in the cross-appeal
or cross-review, and argument in support of those issues.

(d) Contents of Reply Brief. The reply brief must contain
argument in response and rebuttal to argument presented in the
answer brief. A table of contents, a table of citations, a certificate of
service, and, for computer-generated briefs, a certificate of
compliance must be included in the same manner as in the initial
brief.

(e) Contents of Cross-Reply Brief. The cross-reply brief is
limited to rebuttal of argument of the cross-appellee. A table of
contents, a table of citations, a certificate of service, and, for
computer-generated briefs, a certificate of compliance must be
included in the same manner as in the initial brief.

(f) Contents of Briefs on Jurisdiction. Briefs on
jurisdiction, filed under rule 9.120, must contain a statement of the
issues, a statement of the case and facts, the argument, the
conclusion, a table of contents, a table of citations, a certificate of
service, and, for computer-generated briefs, must also include a
certificate of compliance in the same manner as provided in
subdivisions (a) and (b) of this rule. In the statement of the issues,
petitioner must identify any issues independent of those on which
jurisdiction is invoked that petitioner intends to raise if the court
grants review. Respondent, in its statement of the issues, must
clearly identify any affirmative issues, independent of those on
which jurisdiction is invoked and independent of those raised by
petitioner in its statement of the issues, that respondent intends to
raise on cross-review if the court grants review.

(g) Times for Service of Briefs. The times for serving
jurisdiction and initial briefs are prescribed by rules 9.110, 9.120,
9.130, 9.140, and 9.148. Unless otherwise required, the answer
brief must be served within 30 days after service of the initial brief;
the reply brief, if any, must be served within 30 days after service of
the answer brief; and the cross-reply brief, if any, must be served
within 30 days thereafter. In any appeal or cross-appeal, if more
than 1 initial or answer brief is authorized, the responsive brief
must be served within 30 days after the last initial or answer brief
was served. If the last authorized initial or answer brief is not
served, the responsive brief must be served within 30 days after the
last authorized initial or answer brief could have been timely
served.

(h) Citations. Counsel are requested to use the uniform
citation system prescribed by rule 9.800.

Committee Notes

1977 Amendment. This rule essentially retains the substance
of former rule 3.7. Under subdivision (a) only 4 briefs on the merits
are permitted to be filed in any 1 proceeding: an initial brief by the
appellant or petitioner, an answer brief by the appellee or
respondent, a reply brief by the appellant or petitioner, and a cross-
reply brief by the appellee or respondent (if a cross-appeal or
petition has been filed). A limit of 50 pages has been placed on the
length of the initial and answer briefs, 15 pages for reply and cross-
reply briefs (unless a cross-appeal or petition has been filed), and
20 pages for jurisdictional briefs, exclusive of the table of contents
and citations of authorities. Although the court may by order permit
briefs longer than allowed by this rule, the advisory committee
contemplates that extensions in length will not be readily granted
by the courts under these rules. General experience has been that
even briefs within the limits of the rule are usually excessively long.

Subdivisions (b), (c), (d), and (e) set forth the format for briefs
and retain the substance of former rules 3.7(f), (g), and (h).
Particular note must be taken of the requirement that the
statement of the case and facts include reference to the record. The
abolition of assignments of error requires that counsel be vigilant in
specifying for the court the errors committed; that greater attention
be given the formulation of questions presented; and that counsel
comply with subdivision (b)(5) by setting forth the precise relief
sought. The table of contents will contain the statement of issues
presented. The pages of the brief on which argument on each issue
begins must be given. It is optional to have a second, separate
listing of the issues. Subdivision (c) affirmatively requires that no
statement of the facts of the case be made by an appellee or
respondent unless there is disagreement with the initial brief, and
then only to the extent of disagreement. It is unacceptable in an
answer brief to make a general statement that the facts in the initial
brief are accepted, except as rejected in the argument section of the
answer brief. Parties are encouraged to place every fact utilized in
the argument section of the brief in the statement of facts.

Subdivision (f) sets forth the times for service of briefs after
service of the initial brief. Times for service of the initial brief are
governed by the relevant rule.

Subdivision (g) authorizes the filing of notices of supplemental
authority at any time between the submission of briefs and
rendition of a decision. Argument in such a notice is absolutely
prohibited.

Subdivision (h) states the number of copies of each brief that
must be filed with the clerk of the court involved 1 copy for each
judge or justice in addition to the original for the permanent court
file. This rule is not intended to limit the power of the court to
require additional briefs at any time.

The style and form for the citation of authorities should
conform to the uniform citation system adopted by the Supreme
Court of Florida, which is reproduced in rule 9.800.

The advisory committee urges counsel to minimize references
in their briefs to the parties by such designations as “appellant,”
“appellee,” “petitioner,” and “respondent.” It promotes clarity to use
actual names or descriptive terms such as “the employee,” “the
taxpayer,” “the agency,” etc. See Fed. R. App. P. 28(d).

1980 Amendment. Jurisdictional briefs, now limited to 10
pages by subdivision (a), are to be filed only in the 4 situations
presented in rules 9.030(a)(2)(A)(i), (ii), (iii), and (iv).
A district court decision without opinion is not reviewable on
discretionary conflict jurisdiction. See Jenkins v. State, 385 So. 2d
1356 (Fla. 1980); Dodi Publishing Co. v. Editorial Am., S.A., 385 So.
2d 1369 (Fla. 1980). The discussion of jurisdictional brief
requirements in such cases that is contained in the 1977 revision of
the committee notes to rule 9.120 should be disregarded.

1984 Amendment. Subdivision (b)(4) is new; subdivision
(b)(5) has been renumbered from former (b)(4); subdivision (b)(6) has
been renumbered from former (b)(5). Subdivision (g) has been
amended.

The summary of argument required by (b)(4) is designed to
assist the court in studying briefs and preparing for argument; the
rule is similar to rules of the various United States courts of
appeals.

1992 Amendment. Subdivision (a)(2) was amended to bring
into uniformity the type size and spacing on all briefs filed under
these rules. Practice under the previous rule allowed briefs to be
filed with footnotes and quotations in different, usually smaller,
type sizes and spacing. Use of such smaller type allowed some
overly long briefs to circumvent the reasonable length requirements
established by subdivision (a)(5) of this rule. The small type size and
spacing of briefs allowed under the old rule also resulted in briefs
that were difficult to read. The amended rule requires that all
textual material wherever found in the brief will be printed in the
same size type with the same spacing.

Subdivision (g) was amended to provide that notices of
supplemental authority may call the court’s attention, not only to
decisions, rules, or statutes, but also to other authorities that have
been discovered since the last brief was served. The amendment
further provides that the notice may identify briefly the points on
appeal to which the supplemental authorities are pertinent. This
amendment continues to prohibit argument in such notices, but
should allow the court and opposing counsel to identify more
quickly those issues on appeal to which these notices are relevant.
1996 Amendment. Former subdivision (g) concerning notices
of supplemental authority was transferred to new rule 9.225.

2020 Amendment. Page limits for computer-generated briefs
were converted to word counts. Page limits are retained only for
briefs that are handwritten or typewritten.

Court Commentary

1987. The commission expressed the view that the existing
page limits for briefs, in cases other than those in the Supreme
Court of Florida, are tailored to the “extraordinary” case rather than
the “ordinary” case. In accordance with this view, the commission
proposed that the page limits of briefs in appellate courts other
than the supreme court be reduced. The appellate courts would,
however, be given discretion to expand the reduced page limits in
the “extraordinary” case.

2000. As to computer-generated briefs, strict font
requirements were imposed in subdivision (a)(2) for at least three
reasons:

First and foremost, appellate briefs are public records that the
people have a right to inspect. The clear policy of the Florida
Supreme Court is that advances in technology should benefit the
people whenever possible by lowering financial and physical
barriers to public record inspection. The Court’s eventual goal is to
make all public records widely and readily available, especially via
the Internet. Unlike paper documents, electronic documents on the
Internet will not display properly on all computers if they are set in
fonts that are unusual. In some instances, such electronic
documents may even be unreadable. Thus, the Court adopted the
policy that all computer-generated appellate briefs be filed in one of
two fonts—either Times New Roman 14-point or Courier New 12-
point—that are commonplace on computers with Internet
connections. This step will help ensure that the right to inspect
public records on the Internet will be genuinely available to the
largest number of people.
Second, Florida’s court system as a whole is working toward
the day when electronic filing of all court documents will be an
everyday reality. Though the technology involved in electronic filing
is changing rapidly, it is clear that the Internet is the single most
significant factor influencing the development of this technology.
Electronic filing must be compatible with Internet standards as they
evolve over time. It is imperative for the legal profession to become
accustomed to using electronic document formats that are most
consistent with the Internet.

Third, the proliferation of vast new varieties of fonts in recent
years poses a real threat that page-limitation rules can be
circumvented through computerized typesetting. The only way to
prevent this is to establish an enforceable rule on standards for font
use. The subject font requirements are most consistent with this
purpose and the other two purposes noted above.

Subdivision (a)(2) was also amended to require that
immediately after the certificate of service in computer-generated
briefs, counsel (or the party if unrepresented) shall sign a certificate
of compliance with the font standards set forth in this rule for
computer-generated briefs.