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One of the
fundamental concerns about
electronic briefs is whether courts will accept them. We have
collected the rules from various jurisdictions, including
information from our conversations with the clerks for those
courts. This is a work in progress, so check back
often. If we do not have
your jurisdiction on the list, send us an email, and we will add
it.
We always double-check the rules for any hyperlinked brief that we
create, and will make every effort to transfer that information to this
list on a regular basis. TGL Media does not provide legal advice,
however, and intends the list to be used as a starting point for
research rather than the final answer for every case.
It is important to keep
three facts in mind when reading court
rules:
First, most courts using the term "electronic brief" are
referring to simple PDF versions of a pleading. The
"electronic briefs" that TGL Media and other vendors produce contain
hyperlinks from the brief to exhibits and case law. The
distinction is important because hyperlinks take much longer to produce
than simply converting a brief to PDF. The hyperlinks also
generally require that the briefs be filed on CD-ROM, rather than being
emailed or uploaded to the court. When hyperlinked documents
bounce around the Internet, the links tend to become corrupted, and the
best way to be absolutely certain that all of the links stay will stay
intact is to burn the documents onto a CD.
Second, courts that do not specifically mention hyperlinked documents
in their rules nevertheless generally accept them after the deadline
for filing paper or electronic briefs. The court clerks tend to
treat hyperlinked briefs as courtesy copies, and accept them as long as
they do not contain additional material.
Finally, several clerk's offices have said that briefs on CD-ROM should
be hand-delivered. In some courts, particularly federal courts,
when the screening machine detects anything other than paper, the
envelope is sent off-site for further screening. When that
happens, delivery may be
delayed for several weeks or several months.
Return
to Court Rules
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