Rule 6-13.2 - DEFINITIONS(a) Appellate Practice. "Appellate practice" is recognizing and preserving of error committed by lower tribunals; arguing the presence or absence of error to state or federal appellate courts through brief writing, writ, motion practice, and oral argument; and evaluating and providing consultation on potential appellate issues or remedies in connection with proceedings in the lower tribunal prior to the initiation of the appellate process.(b) Appellate Action. "Appellate action" is an action filed in a state court, a federal district court, a United States court of appeals, or the Supreme Court of the United States seeking review of a decision of a lower tribunal. (1)Timing of Appellate Actions. An appellate actions in which the applicant filed a principal brief, response, or petition as defined in this rule before the application deadline will be counted as an appellate actions regardless of whether the action is settled, dismissed, or proceeds to decision on the merits. The appellate action will not count towards the required total if the filing date falls outside the time frame for the current filing period.(2)Supreme Court Briefs. A brief on the merits following an acceptance of jurisdiction in the United States Supreme Court may be considered as a separate appellate action.(3)Consolidated Proceedings. Appellate proceedings with different case numbers that are consolidated by the court are not considered separate appellate actions for any purposes for which they have been consolidated.(4)Cross-Appeals. An appeal and cross-appeal will count as 2 appellate actions for good cause shown if the committee determines that the applicant had sole or primary responsibility for the filing of 2 separate principal briefs.(c) Appellate Practice Certification Committee. The appellate practice certification committee may include 1 member presently serving as an appellate court judge from a Florida district court of appeal, the Supreme Court of Florida, a United States court of appeals, or the Supreme Court of the United States. Certification in appellate practice is preferred, but is not a requirement. Appointment otherwise is consistent with the rule for certification committees elsewhere in this chapter.(d) Primary Responsibility. "Primary responsibility" is having the most substantial and direct participation of all the lawyers contributing to writing and filing a brief, petition, or response. Only 1 lawyer may claim primary responsibility for that task. The applicant must specifically identify any other lawyer who provided substantial assistance with the task and demonstrate that the applicant's level of participation was primary to the satisfaction of the appellate practice certification committee if primary responsibility is used to meet the requirement. Credit for a brief, petition, or response that does not designate the applicant as an author may be considered if accompanied by a certification from at least 1 of the designated authors that the applicant had the most substantial and direct participation in the preparation of the brief.(e) Principal Briefs in Appeals. A "principal brief in appeals" is the primary brief on the merits and excludes reply briefs (including reply briefs that also serve as answer briefs on cross-appeal), jurisdictional briefs, supplemental briefs, and amicus briefs. The appellate practice certification committee may treat a reply brief (including a reply brief that also serves as an answer brief on cross-appeal), jurisdictional brief, supplemental brief, or amicus brief as a principal brief for the purpose of these rules, for good cause shown if the brief is substantial and reflects a level of effort and preparation comparable to that required to produce a principal brief. The committee may treat a combined answer brief and initial brief on cross-appeal as separate principal briefs for good cause shown if the brief reflects a level of effort and preparation comparable to that required to produce separate principal briefs.(f) Petitions or Responses in Extraordinary Writ Cases. "Petitions or responses in extraordinary writ cases" is a petition or response to a petition that seeks a writ from an appellate court to challenge a ruling or the jurisdiction of a lower tribunal or administrative agency. The term includes a petition or response to a petition for a writ of certiorari filed in the Supreme Court of the United States. The term does not include any other petition or response to a petition that merely requests discretionary appellate review, including a notice to invoke the discretionary jurisdiction of the Supreme Court of Florida, or for permission to appeal to a United States Court of Appeals an order of a district court pursuant to, for example, 28 U.S.C. § 1292(b) or Federal Rule of Civil Procedure 23(f).Adopted July 1, 1993 (621 So.2d 1032). Amended April 9, 1999; August 17, 2007; May 31, 2013; January 29, 2016; January 20, 2017 by the Board of Governors of The Florida Bar; amended and effective 12/4/2020 by The Florida Bar Board of Governors.