In a Florida appeal, the record, or the file the appellate court reviews, can define the issues the judges may consider. You may believe the trial court made a serious mistake, but the judges generally rely on the documents, exhibits and transcripts that the record properly includes. In most final appeals, Florida Rule of Appellate Procedure 9.200 explains what that file should include.
Before written arguments begin, review these key materials:
1. Trial court filings
The file includes documents the parties submitted before the appeal, including formal court papers, motions, responses, notices and other filings tied to the issue you plan to raise. These materials help show how the dispute reached the judge and what arguments the parties presented.
2. Orders and judgments
Make sure the record includes the order or judgment you are challenging. If the appeal focuses on a specific ruling, the appellate court needs the written decision and enough surrounding material to understand what happened before and after that ruling.
3. Filed exhibits
This usually includes document-based exhibits, such as contracts, photos, business records or written reports. The rules treat physical items differently, including objects the parties introduced as evidence, and the clerk’s record usually does not include them by default.
4. Hearing or trial transcripts
Transcripts are critical if the appeal involves what someone said during a hearing or trial. If no one has already filed the transcript, you may need to confirm that the court reporter has been asked to prepare it. Without the right transcript, the judges may have limited information about what happened.
What to do if something is missing
A missing item does not always end the issue. The trial court clerk prepares the record and provides an index showing what the file contains, so review that list once it becomes available. In many appeals, directions telling the clerk what to include and designations asking the court reporter to prepare transcripts are due within 10 days after you file the notice of appeal.
Florida appellate rules may allow you to correct or supplement the file if something the judge already had was left out. However, supplementation is not a way to add new evidence that the trial judge never considered. Early review helps you and your appellate counsel identify gaps before they affect the appeal.