TBD | How-To Draft Your 'Directions to the Clerk' Legal Document
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How-To: Draft Directions to the Lower Tribunal Clerk


Background: You are appealling a legal decision
Problem: You need to control/designate the documents that the appellate court receives
Solution: You follow this guide for writing your 'Directions to the Clerk'

I. Legal Citations

Rule 9.190(c)(2)(A) Fla. R. App. P. | The Record - Proceedings Involving Disputed Issues of Material Fact
"In an appeal from any proceeding conducted pursuant to sections 120.569 and 120.57(1), Florida Statutes, the record shall consist of all notices, pleadings, motions, and intermediate rulings... any decision, opinion, order, or report by the presiding officer; all staff memoranda or data submitted..." Rule 9.190(c)(2)(C) Fla. R. App. P. | The Record - Declaratory Statements
"In an appeal from any proceeding pursuant to section 120.565, Florida Statutes, the record shall consist of the petition seeking a declaratory statement... and all matters listed in subdivision (c)(2)(A) or (c)(2)(B) of this rule..." Rule 9.200(a)(1) Fla. R. App. P. | Contents of the Record - Declaratory Statements
“...the record shall consist of all documents filed in the lower tribunal, all exhibits that are not physical evidence, and any transcript(s) of proceedings filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, and other discovery.”

II. Samples

# PDF Comments
1 2021 | FCHR | TBD case. Pro se Filing (appeal from declaratory statement).
22019 | DOAH | Attorney filing; included transcript.
32018 | DOAH | Attorney filing; verbose.
42018 | State Court (Miami) | Pro se filing; included various exhibits.
52018 | DOAH | Attorney filing; limited record.
62018 | DOAH | Attorney filing.
72018 | DOAH | Attorney filing.
82017 | DOAH | Attorney filing; limited record.
92017 | DOAH | Attorney filing.
102017 | DOAH | Attorney filing.
112015 | DOAH | Attorney filing; FCHR case.
122014 | DOAH | Attorney filing; FCHR case.
132008 | DOAH | Pro se filing.
142005 | DOAH | Pro se filing; FCHR case.
152004 | DOAH | Pro se filing; FCHR case; appendix.

III. Templates

# Word Comments
1Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

  • You shouldn't have to file this document.
    • Rule 9.200 Committee Notes (1977)
      • "Subdivision (a) interacts with subdivision (b) so that as soon as the notice is filed the clerk of the lower tribunal will prepare and transmit the complete record of the case as described by the rule... It therefore will be unnecessary to file directions with the clerk of the lower tribunal in most cases."

  • Feel free to use the template (see Part III - above) to help draft your 'Directions to the Clerk'
  • Please download as many sample documents as you'd like
  • Save the final version as a PDF file.
  • Serve the state agency with the directions

V. Additional Notes

  • Estimated time ≈ 0-2 hours

VII. Conclusion

With the use of the template (as well as the samples above), you can more easily Direct the Clerk of the Lower Tribunal on sending the appellate court your record on appeal.

Congratulations! You're now booked up on how to draft your Directions to the Clerk!

Please get the justice you deserve.

Sincerely,



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