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 jurisdictional statement including:

(A) the basis for claiming that the judgment or order appealed from is final; or

(B) if nonfinal, the basis for claiming that the judgment or order appealed from is otherwise appealable, including the procedural rule and/or statutory provision upon which jurisdiction rests along with a concise statement of the relevant facts establishing jurisdiction;

(4) 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;

(5) 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;

(6) for each issue presented, argument with citation to appropriate authorities, a citation to the record on appeal where the issue was preserved, and a statement of the applicable appellate standard of review;

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

(8) a certificate of service; and

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

(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.