8.4.16 CERTIFICATE OF COMPLIANCE
The certificate of compliance is a fairly new requirement; it seems to serve as a supplement to page-length and word-limit requirements. Modern word processing systems could make it difficult for a court to tell if an attorney has “cheated” a page limit, e.g., by using 11.8-point font instead of 12-point font.
A certificate of compliance typically requires an attorney to certify that he or she has complied with particular court rules as to length. (In a law school setting, you may also be asked to certify that you have complied with the honor code.) Although the certificate of compliance is a recent phenomenon, it is being required more frequently.Federal Rule of Appellate Procedure 32(a)(7) requires that a brief must either comply with a page limit or with a word limit that is verified in a certificate of compliance. Federal Rule of Appellate Procedure 32(a)(7)(B) requires that the certificate must state either the number of words in the brief or the number of lines of monospaced type in the brief. Local rules may add more requirements. Rule 31.1(c) of the Local Appellate Rules of the Third Circuit, for example, requires that counsel must certify consistency between hard-copy and electronic documents and allows for sanctions if an electronic document is infected with a computer virus:
In addition to the certification of type-volume limitations required by [FRAP] Rule 32(a)(7)(C), and in the same document, counsel must certify that the text of the electronic brief is identical to the text in the paper copies. Counsel must also certify that a virus detection program has been run on the file and that no virus was detected. The certification must specify the version of the virus detection program used. Sanctions may be imposed if a filing contains a computer virus or worm.
Likewise, the United States Supreme Court now requires a Certificate of Compliance for all briefs filed in booklet format (and this has been the typical format). Rule 33.1(h) requires that the certificate state the number of words in the brief (according to the word processing program) and state that the brief complies with the required word limits. One sample brief in Appendix C includes an example of a Certificate of Compliance.