Opinion
Administrative Order 03-1.
March 5, 2003.
BY ORDER OF THE COURT:
Effective July 1, 2003, the court will again make video teleconferencing available as a medium for oral arguments. Video teleconferencing of oral arguments will be available from the following court facilities: Second District Court of Appeal, Tampa branch; Third District Court of Appeal, Miami; Fourth District Court of Appeal, West Palm Beach; Fifth District Court of Appeal, Daytona Beach; Fourth Judicial Circuit In and for Duval County, Jacksonville; and the First Judicial Circuit In and For Escambia County, Pensacola. A party desiring to make use of video teleconferencing for oral argument must designate the single remote facility from which the parties wish to present their arguments and must indicate that the request has been coordinated with and consented to by the opposing counsel. The request for use of video teleconferencing must be included in the request/motion for oral argument. Any request for oral argument by video teleconferencing not indicating the consent of both counsel will be considered by the court as a request for oral argument to be conducted live before the court in Tallahassee.
If oral argument is ordered to be conducted on the video teleconferencing network, the requesting party will be required to submit to the clerk of the court, within 10 days of the date of the order granting oral argument, a fee in the amount specified in the order to cover the costs of the video teleconferencing for that argument, as provided in Section 35.22(7), Fla. Stat. (2002). The fee will be taxable as costs in favor of the prevailing party in accordance with Florida Rule of Appellate Procedure 9.400. Failure to timely remit the fee will be deemed a waiver of the request for oral argument. After a case has been set for oral argument and the fee has been paid, the fee will be nonrefundable if oral argument is cancelled at the request of the parties. The fee will be refundable if oral argument is cancelled by the court.
The court may, on its own motion, require that oral argument be conducted in Tallahassee even though video teleconferencing is requested. The court will continue to schedule live oral arguments throughout the district as provided in Section 35.11, Fla. Stat. (2002).
Administrative Order 01-2 dated November 5, 2001, is withdrawn.
Witness the Honorable Michael E. Allen, Chief Judge of the District Court of Appeal, First District, and the Seal of said Court, at Tallahassee, Florida, this 5th day of March, 2003.
I HEREBY CERTIFY that the foregoing is (a true copy of) the original court order.
Jon S. Wheeler, Clerk
Copies: Chief Justice Harry Lee Anstead, Florida Supreme Court Chief Judges of 2d 3rd, 4th and 5th District Courts of Appeal First District Court of Appeal Judges Rob Lubitz, State Courts Administrator John F. Harkness, Jr., Executive Director of The Florida Bar
West Publishing Company (for publication in the Southern Reporter)
Judicial and Administrative Research Associates, Inc. (for publication in The Florida Law Weekly)