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Attorney2020
Attorney2020, Attorney
Category: Business Law
Satisfied Customers: 2578
Experience:  I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
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RE: Appeal, Directions to the clerk. I was considering

Customer Question

RE: Appeal, Directions to the clerk. I was considering requesting Plaintiffs' evidence not be in the record because some is of questionable legibility and some affidavits should be disallowed based on parol evidence rule. Do I need to provide reasons for exclusions in the instructions to the clerk? Also, can I expect transcripts for the hearings? I don't know whether or not the hearings were recorded? Also, can you tell me where I can find sample or templates for the initial brief and other forms (4th Judicial Circuit, Duval County) documents hopefully for fee?
Submitted: 1 year ago.
Category: Business Law
Expert:  Attorney2020 replied 1 year ago.

(1) Reasons must be stated to exclude evidence. However, to argue it on appeal, the objection must be preserved at trial court. You can argue exclusion based upon the parol evidence rule and let the court decide.

(2) A transcript would have been created if a court reporter was present at the hearing. The parties or the court would have provided a court reporter. You must determine whether a court reporter was present working the matter at the hearing and then you can obtain the written transcripts.

(3) Here is a link to a sample appellate brief filed in the 4th Judicial Circuit of Florida: http://www.williamkent.com/Brief%20-%20Sharpe,%20John%20-%20Denial%20of%203.850%20Defective%20Plea%20no%20colloquy%20-%20no%20warning%20re%20license%20suspensson.pdf

Through the sample brief, you can template the formatting, citations and how arguments are crafted on appeal.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for you cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for you cooperation. Thank you.