1. Timing
In civil cases, the lower tribunal clerk will serve a copy of the index to the record on the parties within 50 days of the date that the notice of appeal is filed. The lower tribunal clerk will electronically transmit copies of the index and the record on appeal to the appellate court within 110 days of the date that the notice of appeal is filed. Fla. R. App. P. 9.110(e). The time for preparation and transmission of the appellate record is automatically extended by 10 days when there is a cross-appeal. In civil cases, the clerk's office initially sends each party a copy of only the record index. It is then generally up to the parties to either compile their own copy of the record using the record index, or obtain an electronic copy of the record from the clerk.If the clerk needs more time to prepare the record, the clerk may request an extension, or a party may request an extension on behalf of the clerk. See 9.200(b)(3),(e). A motion for extension should be filed well before the time expires, and if a party is filing the motion, it should generally ask the court to extend both the time for the clerk to prepare the record and to “toll” or extend all other deadlines in the appeal accordingly (so that the briefs are not due before the record is due).
2. Costs
Generally, in civil appeals the appellant is responsible for the costs of preparation and transmission of the record on appeal. When an appellate party designates a proceeding to be transcribed, that party must pay for the original and any necessary copies of the transcript. Necessary copies include the copies that will be sent to the appellate court and the opposing party. Unless the party ordering the transcript has made some other arrangements with the court reporter, when that party orders the transcript in the designation, that party must also pay the court reporter one-half of the estimated cost of the transcript. When the court reporter delivers the completed transcript and copies, that party must pay the rest of the transcript costs. Fla. R. App. P. 9.200(b)(1).A party to a civil appeal who does not have the money necessary to pursue the appeal may file an application for determination of indigent status with the trial court. See Fla. R. App. P. 9.430; §§ 57.081, 57.082, 27.52, Fla. Stat. However, indigency does not automatically mean that the lower tribunal clerk will transmit the record or that the court reporter will prepare the transcripts without cost in an appeal. See, e.g., §§ 27.52, 57.081, 57.082, Fla. Stat.
