11th Circuit Reduces Requirements For Record Excerpt Program In Most Appeals

Today, the Eleventh Circuit reduced the requirements for its pilot record excerpt program. The program began as a pilot program in February 2006 in the Southern District of Alabama. Since that time, the program had slowly expanded to include other district courts within the jurisdiction of the Eleventh Circuit.

In March of this year, an email was sent to attendees of the Eleventh Circuit Appellate Practice Institute requesting comment on the pilot record program. At that time, the email stated, "it appear[ed] possible that we might be on the precipice of a modification — if not an elimination — of the program." For now, it seems the program has not been eliminated. However, it has certainly been modified. Thanks to Chet Kaufman for emailing news of the change.

Earlier today, the court posted a notice on the top of its website that states:

Reduced Requirements for Record Excerpts Now in Effect for Most Appeals. Please see Electronic Records on Appeal Program for additional information.

The page linked above, the Electronic Records on Appeal Program page, is copied below as it currently looks:

Most of these documents are in .pdf format. If you would like to download the Adobe Acrobat Reader, please visit adobe.com Problems downloading our .PDF files? Help files: .PDF or HTML format

In February 2006, with General Order 32, the Court implemented a pilot program in the Southern District of Alabama to determine whether the Court could conduct its business efficiently and without additional cost, while relieving certain district courts of the burden of providing paper copies of the record on appeal. Since that date, the program has been modified and expanded with General Order 33. At the present time, and upon request by the respective district courts, the Court has approved participation by all district courts in the Court’s Electronic Records on Appeal Program, either as an on-going program or a pilot program: Southern District of Alabama – for appeals filed on or after April 1, 2006 Middle District of Alabama – for appeals filed on or after November 1, 2007 Northern District of Alabama – for appeals filed on or after October 1, 2008 Northern District of Florida – for appeals filed on or after October 1, 2009 Middle District of Georgia – for appeals filed on or after October 1, 2010 Northern District of Georgia – for civil appeals filed on or after January 3, 2012; for criminal appeals, and appeals in cases filed pursuant to 28 U.S.C. § 2255, filed on or after November 1, 2012 Southern District of Georgia – for appeals filed on or after April 1, 2012 Southern District of Florida - for appeals filed on or after February 1, 2013 Middle District of Florida - for appeals filed on or after April 1, 2013 Parties in appeals where the district court is now filing only an electronic record on appeal must file an appendix in conformance with the “Appendix on Appeal” Requirements (June 2013) attached to General Order 39. In addition, parties will find more detailed information, including checklists and samples, in the Instructions for Preparing an Appendix (June 2013).

ELECTRONIC RECORDS ON APPEAL PROGRAM INFORMATION General Order 39 “Appendix on Appeal” Requirements (June 2013) Briefs Checklist - Electronic Records on Appeal Program (Revised June 2013) Instructions for Preparing an Appendix (June 2013) Appendix Checklist – Civil / Summary Judgment Cases (June 2013) Appendix Checklist – Criminal Cases (June 2013)