IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2-40.0

IN RE: PREPARATION OF TRANSCRIPTS OF EVIDENTIARY HEARINGS

ON Fla.R.Cr.P. 3.850 MOTIONS FOR APPEAL PURPOSES

WHEREAS this Court recognizes the need for the appellate court to automatically receive a transcript of an evidentiary hearing held on a motion brought pursuant to Fla.R.Crim.P. 3.850 when a notice of appeal is filed, it is accordingly

ORDERED that:

Upon receipt of a notice of appeal filed on a decision made after hearing on a motion brought pursuant to Fla.R.Crim.P. 3.850, the Clerk shall order that a transcript of such hearing or hearings be produced and shall transmit such, as part of the record, to the appellate court in accord with Florida Rules of Appellate Procedure. It shall not be necessary for the Clerk to contact the individual judge who presided over the hearing.

DONE AND ORDERED on this 19th day of November, 1996.

CHARLES A. DAVIS, JR.

Chief Judge