Mandatory Form for Augment Motions

There is now an updated form proposed order for augment motions. All motions to augment the record filed in the Sixth District Court of Appeal must be accompanied by the court’s fillable standard order form that can be found here. For civil cases, use this form. The court has given us the following guidance regarding three aspects of the form.

First, near the top of page one, there is a choice of boxes regarding the nature of the materials sought. Counsel is to check the appropriate boxes for the relief sought. For example, if counsel has both attached a document to the motion and is seeking a reporter’s transcript, counsel would: (1) check the global box labeled “Appellant’s motion to augment the record is granted;” (2) check the “document(s) filed with the motion” box; (3) check the “transcript(s) described below” box; and (4) check the “reporter’s transcript” box.

Second, near the bottom of page one, the form requires counsel to specify the number of copies to be prepared. In the usual case, the number would be 2 (i.e., one for yourself and one for the Attorney General or other opposing counsel). If there are other parties, the number will increase accordingly (i.e., if there are two appellants the number will be 3). The names and addresses of counsel to be served must be included in the space below the number of copies information.

Third, at the bottom of page one, counsel is to fill in the number of days by which the opening brief is to be filed following the filing of the augmented record. We have been expressly advised that counsel may seek up to 30 days. However, the court reserves the right to reduce the requested time to 15 days.

As always, should you have any questions, please contact the SDAP attorney on your case.

(November 2, 2017, updated April 9, 2024)

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