8.3 FILING REQUIREMENTS AND NUMBER OF COPIES
Courts impose very specific filing requirements on brief writers, listing specifics for everything from the method of service to the number of copies filed. Although some requirements may seem overly detailed, following them helps both the readers and the users of the brief to do their jobs more easily and efficiently.
This section explains some categories of common requirements, but be sure to consult jurisdictional rules, local rules, and local practices before filing a brief in a new court.In the past, all documents were filed in hard copy at the courthouse, and counsel attached a paper certificate of service (discussed below) to certify that he or she had served opposing counsel as appropriate. These days, most courts are allowing or even requiring the electronic filing of documents as a substitute for hard-copy delivery. When you file a brief electronically, make sure to follow the directions to the letter, and then check to ensure that your document survived the trip through cyberspace. The court may provide an electronic receipt that allows you to open your document to check it. Be sure to do so. Do not rely on the receipt itself: Open the document and make sure that the document transmission was successful. Further, the first time you use an electronic filing system for a particular court, plan to file your brief at least 24 hours in advance. Many courts now have midnight filing deadlines. If you put off filing your brief until shortly before the deadline, you will have no one to ask for help if things go wrong. On the other hand, if you file early and have trouble, you will be able to seek help during normal business hours.
As for number of copies, United States Supreme Court Rule 33.1(f) requires that 40 copies of the brief should be filed with the court in most circumstances. It is common for appellate courts to require a large number of copies (if it requires the filing of hard copies) because a panel of judges and their clerks will all need to review the brief.
Rule 31.1 of the Third Circuit Local Appellate Rules requires that “each party must file ten (10) paper copies (i.e., an original and nine copies) of each brief with the clerk for the convenience of the court” and serve one paper copy on opposing counsel unless counsel has agreed to electronic filing. Of course, if you are filing a motion brief, you are submitting the brief to a single judge rather than to a panel, so a smaller number of copies may be required.As noted previously, in some courts, local practice dictates that when attorneys file either appellate or motion briefs, they must file “courtesy copies,” “working copies,” or “judges’ copies” with the court. If a document is filed in hard copy, the “official version” of the document cannot be marked up by a judge or the judge’s clerk. Thus, counsel may provide one or more extra copies to speed the court’s consideration of the brief. Even when briefs are filed electronically, some courts may require either electronic or hard-copy “working copies.”9
Court rules may also specify particular typefaces or font sizes (to ease reading), the method of binding (to prevent staple injuries), the color of the brief cover (to allow easy retrieval of a particular brief), and the method of service on opposing counsel. Whenever you file a document with a court, make sure that you are following all needed filing requirements. Doing so will impress the court with your professionalism, will avoid sanctions, and may help speed a decision in your case.