Form of Briefs, Appendices, and Other Papers

(a) Electronic Signatures. (1) The ECF Filer. The filer log-in and password required to submit documents to the CM/ECF system serve as the filer’s signature for all purposes under the Federal Rules of Appellate Procedure and the rules of this court. The name of the filer under whose log-in and password a document is submitted must be preceded by an "/s/" and typed in the space where the signature would otherwise appear, followed by the firm name, if any, and the attorney’s or party’s street address, telephone number, and e-mail address.

No ECF filer or other person may knowingly permit or cause to permit a filer’s log-in and password to be used by anyone other than an authorized agent of the ECF filer. See Circuit Rule 25(b)(3). Rule 32 (2) Other Signatures. Documents requiring signatures of more than one party must be electronically filed either by: (i) submitting a scanned document containing all necessary signatures; (ii) representing the consent of the other parties on the document; or (iii) in any other manner approved by the court.

Electronically represented signatures of all parties and ECF filers as described above are presumed to be valid signatures. If any party, counsel of record, or ECF filer objects to the representation of his or her signature on an electronic document as described above, he or she must, within 14 days of the filing, file a notice setting forth the basis of the objection. (3) Retention Requirements. Documents that are electronically filed and require original signatures other than that of the filer must be maintained in paper form by the filer until issuance of the mandate (or entry of the final order, in a case in which no mandate will issue) or until such later date as the court prescribes.

On request of the court, the filer must provide original documents for review. (b) Format. (1) Electronically Filed Documents. Before filing a document with the court, an ECF filer must verify its legibility and completeness.

Documents created by the filer and filed electronically must be in Portable Document Format (PDF), which is generated from an original word-processing file and is text searchable. Appendix items and attachments to an electronically-filed document may be scanned if a word-processing version is not available. When a document has been filed electronically, the official record is the electronic document stored by the court, and the filing party is bound by the document as filed. (2) Exception for Oversized Documents.

If an exhibit, attachment, or appendix item qualifies for an exception to the requirement of electronic filing and service under Circuit Rule 25(c)(5), the document may be filed in paper form. (c) Hyperlinks. (1) Electronically filed documents may contain the following types of hyperlinks: ! Hyperlinks to other portions of the same document or to other documents filed in the case; !

Hyperlinks to documents that are part of the record on appeal or the record on review or enforcement of an agency order; ! Hyperlinks to authorities cited in the document. (2) Hyperlinks do not replace standard citations to authority and parts of the record; standard citations must be provided in addition to any hyperlink. Hyperlinks are simply mechanisms for accessing material cited in a filed document and are not considered part of this court’s record.

The court accepts no responsibility for the availability or functionality of any hyperlink and does not endorse any product, organization, or content at any hyperlinked site. Rule 32 (d) Paper Copies of Electronic Filings. (1) In General. Except for documents listed below or unless the court directs otherwise, documents filed electronically are not to be submitted to the court in paper form.

(2) Motions. In addition to filing electronically, paper copies must be filed with the court of the following motions, including any accompanying documents, and any responses thereto, and replies: dispositive motions (e.g., motions for summary disposition, motions to transfer or remand, and motions to dismiss except those seeking voluntary dismissal in civil cases and in criminal cases where the government is the appellant), procedural motions unless the motion states it is unopposed, motions for stay and emergency relief pursuant to Circuit Rules 8 and 18, motions to expedite, motions or applications under Circuit Rule 9, motions for leave to proceed in forma pauperis, motions for appointment of counsel, and motions to exceed the length limits. The number of paper copies is governed by Circuit Rule 27(b); the "original" is the electronic filing. (3) Other Documents.

Except as provided in Circuit Rule 25(c)(5), electronic filing is required for any portion of an appendix that is available in electronic format and fully text searchable. In addition to filing electronically, paper copies of the following documents must be filed with the court: briefs (except initial briefs when the deferred appendix method is used), appendices, memoranda of law and fact, petitions filed pursuant to FRAP 5 or 21, responsive pleadings to petitions and replies thereto, letters pursuant to FRAP 28(j), proposed judgments in a National Labor Relations Board proceeding, petitions for panel rehearing and hearing or rehearing en banc, and responses to orders to show cause. The number of paper copies is governed by the rules pertaining to that document or by order in a particular case; the "original" is the electronic filing. (4) Time of Filing Paper Copies.

Unless the court has ordered filing by hand or other means, filing of paper copies of non-emergency documents may be accomplished by First-Class Mail addressed to the clerk, or other class of mail that is at least as expeditious, postage prepaid, within two business days of the electronic filing. (e) Form of Briefs. Except as provided below, the form of briefs is governed by FRAP 28.1 and 32(a). (1) Length of Briefs.

In calculating the number of words and lines that do not count toward the word and line limitations, the certificate required by Circuit Rule 28(a)(1), the glossary, and any addendum containing evidence in support of the claim of standing required by Circuit Rule 28(a)(7), may be excluded, in addition to the items listed in FRAP 32(f). (2) Length of Briefs for Intervenors. (A) Page limitation. A principal brief for an intervenor may not exceed 19 pages, and a reply brief 9 pages, unless it complies with Circuit Rule 32(e)(2)(B).

Rule 32 (B) Type-volume limitation. (i) A principal brief is acceptable if: ! it contains no more than 9,100 words; or ! it uses a monospaced face and contains no more than 813 lines of text. (ii) A reply brief is acceptable if it contains no more than half of the type volume specified in Circuit Rule 32(e)(2)(B)(i). (C) Certificate.

If a type-volume limitation is used, the brief must contain the certificate of compliance required by FRAP 32(g)(1). (3) Length of Briefs for Amici Curiae not Appointed by the Court. See FRAP 29(a)(5). (f) Pleading by Letter.

Except as prescribed by FRAP 28(j), parties, other than pro se litigants proceeding in forma pauperis, may not plead by letter. (g) Nonconforming Papers. If the court receives any submission that does not conform substantially to the requirements of the FRAP or these rules, the clerk will promptly notify the person making the submission and direct that person to cure the defect or submit an appropriate motion. See FRAP 25(a)(4).

See also Circuit Rule 25 (Filing and Service) and Circuit Rule 28 (Briefs). Rule 32 Rule 32.1. Citing Judicial Dispositions (a) Citation Permitted. A court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been: (i) designated as "unpublished," "not for publication," "non-precedential," "not precedent," or the like; and (ii) issued on or after January 1, 2007.

(b) Copies Required. If a party cites a federal judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of that opinion, order, judgment, or disposition with the brief or other paper in which it is cited.