![]() ![]() Within 5 days of receipt of the notice of appeal, the clerk of the lower tribunal shall request the appropriate court reporter to transcribe the evidentiary hearing and shall send the court reporter a copy of the notice, the date of the hearing to be transcribed, the name of the judge, and a copy of this rule. In the absence of designations to the court reporter, the notice of appeal filed by an indigent pro se litigant in a rule 3.801, 3.802, 3.850, or 3.853 appeal after an evidentiary hearing shall serve as the designation to the court reporter for the transcript of the evidentiary hearing. (3) Grant or Denial of Motion after an Evidentiary Hearing was Held on 1 or More Claims. On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief. The response and reply shall comply with the word count (if computer-generated) or page limits (if handwritten or typewritten) set forth in rule 9.210 for answer briefs and reply briefs. ![]() The appellant may serve a reply within 30 days after service of the response. (ii) The court may request a response from the appellee before ruling, regardless of whether the appellant filed an initial brief. The appellant may serve a reply brief as prescribed by rule 9.210. The appellee need not file an answer brief unless directed by the court. (i) Briefs are not required, but the appellant may serve an initial brief within 30 days of filing the notice of appeal. The clerk of the lower tribunal shall index and paginate the record and send copies of the index and record to the parties. When a motion for postconviction relief under rules 3.800(a), 3.801, 3.802, 3.850, or 3.853 is granted or denied without an evidentiary hearing, the clerk of the lower tribunal shall electronically transmit to the court, as the record, the motion, response, reply, order on the motion, motion for rehearing, response, reply, order on the motion for rehearing, and attachments to any of the foregoing, together with the certified copy of the notice of appeal. (2) Summary Grant or Denial of All Claims Raised in a Motion Without Evidentiary Hearing. Appeal proceedings under this subdivision shall be as in civil cases, except as modified by this rule. (1) Applicability of Civil Appellate Procedures. (b) Appeals from Postconviction Proceedings Under Florida Rules of Criminal Procedure 3.800(a), 3.801, 3.802, 3.850, or 3.853. This rule does not apply to death penalty cases. ![]()
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